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194825Original to City Clerk ORDINANCE 134825 �r COUNCIL FILE NO. 6 PRESENTED BY ORDINANCE NO. Yeas Attest: An ordinance to license the operation of private clubs in the City of Saint Paul. This is an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. ME COUNCIL OF ME CITY OF SAINT PAUL DOES ORDAIN: Section 1. It shall be unlawful for any person, firm, or corporation to keep or operate a private club within the limits of the City of Saint Paul without first having obtained a license so to do, as hereinafter provided. Section 2. Private Club defined: -'~- g-private club is hereby defined as follows; Every place used, maintained, advertised, or held out to be a place where clubs, societies, organizations, or social groups meet or have social functions, or both Section 3. License Application. Any person, firm, or corporation desiring a license to operate a private club shall make application in writing to the City Council, upon a form to be provided by the license inspector, with whom the application shall be filed. The license inspector shall require that-the following information be set forth upon the application: 1. The name and place of residence of the applicant. 2. The enact location of the premises upon which the applicant proposes to operate the private club. 3. Whether the applicant has ever been engaged in a similar business and, if so, the location thereof and the date when so engaged. 4. Whether the applicant proposes, in addition to the conducting of meetings, to provide (a) instrumental music with dancing for the guests therein; (b) for the serving of food for consumption on the premises; (c) non- intogicating beverages for consumption on the premises. In case the applicant proposes to afford members 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 or other type of organization, by an officer of the corporation,who shall agree to comply with all the ordinances,of the City relating to the conducting of a private club. He shall file with his application the receipt of the City Clerk for the license fee paid, in the Councilmen DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Nays Passed by the Council APPS,`:.. �G ASST. c`' -' Approved : Favor Against &P40— 1M 8 -59 Original to City Clerk 4 1 'A T i - PRESENTED BY ORDINANCE COUNCIL FILE NO, ORDINANCE NO 194825 Section 9. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. Section 10. This ordinance shall take effect and be in force from and after its passage, approval, and publication. Section 11. This ordinance shall be deemed a part of the St. Paul Legislative Code, and shall be incorporated therein and given an approprj,ate chapter and /or section number at the time of the next revision of the said Legislative Code. Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk 1M 8 -59 8 —� Passed by the Council Approved: Mayor Tn Favor A gainst Qu}druplieate to Department ORDINANCE PRESENTED BY COUNCIL FILE NO. ORDINANCE NO. An, ordinanc* to It Cens* _Zbe operation of prlvt,ts chubs in then Qtv of Saint Pa-al. VAs to an emorgency o re"Snaaae rendered zscwtry for- th* preaerrttion of the public peace, health, and safal,ro TRY COUNCIL Of Vr OTTY OF SAIST PAM DOZZ OPPATIe 194825 teotion x. It oba?ll be unl,avful for etW parson, firm, or wrporstton to keep or operata a prlv4ito club v4thln the Ileri.ts of $►he. CJV of $mint P *ul vithftt first having obWned a 11cons* to to dot, es bikri-inaftor provided, Section 2. Private Club dotioed4 A plrlvl. to club is bsr*by Wined to f it o a f atwory place ussd, uaint$lned, &dvortived, or heal out to be a pl:eace vhors olube, sool*tio6, arganias.'ti oro, ter aoei al groups moot or have sofa, fbnati,on*, or troth f7*etion ). L3cetae kppliesti.on. bT Pomnj firs, or oorpermu,4n . der.aiaring a license to opoarete a P rivatO club shall, maker application, 1* witirg to the City Ctnoil, upon s forn to be provided by the l.iamse laspoothr, +with whom the eapp'licaati:in shaall bo f3lod. The license inspector oball require that tho foUowjggg info=ation U set forth upon the spplictations I, lho no-me sad place of reddeac# of the Appif ornt. 2. The exact local on of the prftises upon which tho *ppli caa.pt proposo to operow the privik,te club. 3# Ubother the applicont has e4vw be *n azngagod to a sintlanr buelflcas and# If to,, the l.oeati in tht r#of one tha state vbtn so engegade 4* Vhother the applicant proposes# in addition to the► conducting of ovetiala, to provide (a) instrosont#1 =i* ! ith dancing for the guopts th*reigj (b) for the P*rving pf food for +oousumptimn an the Vr*mi imz f (c) non.+.#nto etting bavoragaa► for cos smption as the prestatiaL Tn ease tb* applioxnt propoatos to afford aaabera the priv►ilergo of fiftUdug# the *ipp2iaat1on she'll set forth tho *mount of floor Epac* *vollable and vh eh the applicont propasox to mrd:aUi n for daneing purposoe. The ap01aatiot, sha I be e19ned by the appli"At in pt rson, and If than applienat 1z a corporation or other typo of org xatf.o3a, by as officer of the carparaati oz4vb* shall a to oosplr with 41 the cardinonces of t%► City relattug to the aouduatixg of ca p:-ivxte 61ub. go shall file s.tb tiler sppliiartion th6 roctipt of hear City Clerk for tb* license fee paid, in the Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk im a -sa AW8 Passed by the Council Approved: Mayor Tn Favor A gainst -19482-5-, : amount Of 'Tan Dollars ($10),- together Witfi_the consent'of :?roperty' owners or tensntAs as- .herainafter albo provieiecl: t tiectian !e. Content oPeighboring ProRerty. Vbere any prope+rty,witSin' two hundred (200) feet of the premises" - v► irein rho ijilicant proposes ta'" conduct - a private club comes vi thin ' a - dential zone wider the..ordinances of -the city, the appli.cent shall pronent with his' appli cation - a, statement An writing by the ounerd or tcnonts of all _ private _. .. residences; ox- apeLrtment houee's located'within tWo hundred: (20o) - - : 'feet of suc�..prvmi�es•.to the. effect -rthat- they heave -no objection to the granting of such privates cl-db Iice�nsee or the ope►rati,on of -that business of conducting er privates. club -at the location propozee Yeati,an' S Inrestij+�tioa. • '- . - Vhenev6r' an' applicration'for ' a +privets' olub.liconse to filed with the license -1.nspesctor,' he',shall' register U4 ,'same in a book for, that purpose• and 'shall- r, efer, the • applic.&tion time'di mtely to thei hegltb * o.ffic.er'; the chief•.of < >poli oe, and the -firm -chief,' who-, "shall _procie'ed 'to iizOect and• eiazAne the' _ prexfi sec.- deeccribed in ,; the -appli c&ti aia and report -to the license ineipeetor whether = the - applic4fit is a proper perpon to, roceiie . uoh 'a- licenser. and whether the�,,premiae r, are euitsble ,for•' hY bueingnk,of a privA club., -_U,pon receipt:- a t' _ of ,the reports by thellf cenae`'inrpector; 12 6 shall- trunamit -the3 -s °id'r4orts • - together vith b# s_ rebomamendation .anti. iqr r`ec6'xm`endeatiod,-'that thei 'health _ offi car, -chi if of police;. and. fire chief -shall ■ake ;witki re b act to the - �• applicant or, the premises, to -the Council for'its - conside4ratiofi. It _im'hereby = eetadee the--duty of the chierf of police, In any case where consent of nearby l ; residents 16: re,­ under th m ordir_iance, to inqu'�ree 'whether such consent . kns given An :'good _-faiths : Secticn 6." y .Hours -of - Operatlpn. -No soft drinks or- food, stuffe for consumption on the pre�nise:m.,shall', :1- be bold, provided.;; served, or given .to' any, of the-members of the club on Hon'duy b,r. "oj 8 o'clock' n.. m. and - ort Tuenday, �iednes�dap, 1'huxsdt,�►, Friday, Saturday# or Sunday, betueaen the: hours of 1 0' clock s. 'm:' and S o' clock a; m. - No �pri:vate club licenses shall perffiit any, person to. consume -aay liquor. on the3 ire see except within the hours when th.e -'sa16 of food 'etuffs and e�oft drinks are' permitted; except that _ thare shall 'be no cone umption of ' 'liquor an- th�,4reniesee -frota and after 1 of clock a: m.• -on- 'Sunday until : : $ `o clock a. `m the following ftndeay. - _ Done -of ;the ;terms of th1 x •section re intended to- indicate' that - .,this 11 cesnie• is in lieu of'eny other re,,*red_:lieenses, iiid it is'_exptasaly� = stated herein°. that a private- club -1.1 sense . does riot- take tbv' 'place of any otlier liaenses'A ,rs��uircd'by they States of,Minnessota or the CItr.of Saint Paul. Section -7. Inspection. It shall be _a' violiti-on''ot this ordinanci'fois the holders of. such - ,license to- prevent,entry for the purposes of inepoction of the pre�aiaes and ' of-the conducts.,of' persona therein. • by the :Proper: City officials. - - section S.- P.eevodntlon of `License. _ ku; license granted .hereunder ma y be. re* ked if a violation of any provision of -this Cheap ter or of any. .of- .the ordinaneeaa of -the CI ty of-Saint Paul or-the ].-awe of-the Cteete,of Minnesota occurss but such rcvocatiou shall- not bee made until the City Council has hold a. pubZIc hearing - thereon.. i Qt1adruplicate to Department 194825 It ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. Section 9. This ordinioneo in heE,ret7 e'fodUreei to be an emarpney Winanoo rerA*red note ssur for the prenery tion of the publie poaoo, hotlth,j and st rety * £acti ,iu 10, This ordi.nt-neo shall take effect ,rud be in fore* f and after its paeoathey, n rov'Ap and publicction. eoeetion 11. 'Thi.e ordimues aball bo derened a pert of Oo St. Paul Le rl4ative� Codas rand sharp loo in- orporutod tberrein rAd given an appropri stet aherpter and/or auction nlntsor at the beset of the next revision of the a *id. LogivIative C d#. Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk 1M 8 -591 OW8 ..3., Passed by the Council Approved: Mayor Tn Favor Against A r 194825 amount of Ten Dollars ($10), together with the consent of property owners or tenants, as hereinafter also provided. Section 4. Consent of Neighboring Property. Where any property within two hundred (200) feet of the premises wherein the applicant proposes to conduct- _a-private club comes within a resi- dential zone under the ordinances of the city, the applicant shall present with his application a statement in writing by the owners or tenants of all private residences, dwellings, or apartment houses located within two hundred (200) feet of such premises to the effect that they have no objection to the granting of such private club license or the operation of the business of conducting a private club at the location proposed. Section 5. Investigation. Whenever an application for a private club license is filed with the license inspector, he shall register the same in a book for that purpose and shall refer the application immediately to the health officer, the chief of police, and the fire chief, who shall proceed to inspect and examine the premises described in the application and report to the license inspector whether the applicant is a proper person to receive such a license-and- whether the premises are suitable for the business of a private club. Upon receipt of the reports by the license inspector, he shall transmit the said reports together with his recommendation and any recommendation that the -health' officer, chief of police, and fire chief shall make with respect to the applicant or the premises, to the Council for its consideration. It is hereby made the duty of the chief of police, in any case where consent of nearby residents is required under this ordinance, to inquire whether such consent was given in good faith. Section 6. Hours of Operation. No soft drinks or food stuffs for consumption on the premises shall be sold, provided, served, or given to any of the members of the club on Monday before 8 o'clock a. m. and on Tuesday, Wednesday, Thursday, Friday, Saturday, or Sunday between the hours of 1 o'clock a. m. and 8 o'clock a. m. No private club license shall permit any person to consume any liquor on the premises except within the hours when the sale of food stuffs and soft drinks are permitted, except that there shall be no consumption of liquor on the premises from and after 1 o'clock a. m. on Sunday until 8 o'clock a. m. the following Monday. None of the terms of this section sre intended to indicate that this license is in lieu of any other required licenses, and it is expressly stated herein that a private club license does not take the place of any other licenses as required by the State of Minnesota or the City of Saint Paul. Section 7. Inspection. It shall be a violation of this ordinance for the holders of such license to prevent entry for the purposes of inspection of the premises and of the conduct of persons therein, by the proper city officials. Section 8. Revocation of License. Any license granted hereunder may be revoked if a violation of any provision of this Chapter or of any of the ordinances of the City of Saint Paul or the laws of the State of Minnesota occurs, but such revocation shall not be made until the City Council has held a public hearing thereon. l -2- F/ December 1, 1959 ; ` Charles Stieger Municipal Publicity Bureau 9 City Hall r Sir . .y public " Tte City Council will hold a /hearing on December 16th at 10 A.M.. in the City uncil Chamber with reference to the at o nanc ®, ounc File Hoy 194825, ' and requested that you get what publicity you can regarding that bearing. DVery truly yours, City .Clark Laid over to 3rd and app dopted Yeas Nays V n Yeas �/ Nays DeConrcy DeConrcy Holland /�, Holland Mortinson b Mortinson Peterson Peterson Rosen Rosen 4 Winkel Winkel Mr. President Dillon Mr. President Dillon 8 194825 Capital, 4-2851 NORMAN E. WORN ATTORNEY AT LAW 600 Pioneer Building Saint Paul I, Minn. Council of the City of Saint Paul City Hall and Court House Saint Paul 2, Minnesota. Gentlemen: December 15, 1959 Re: Council File No. 194825 The Minnesota. Club has asked me to represent them with respect to the above proposed ordinance. The ordinance appears meritorious to us, but does work a hardship upon the Minnesota Club (and probably upon other similar organizations) in the following particulars: 1. Section 6, first paragraph, of the proposed ordinance prohibits the service of food prior to 8 o'clock A.M. It has been our practice for many years to open our dining room for br_ealdast at,7 o'clock A.M. It is submitted that the ordinance could be amended to provide a 7 o'clock A.M., opening for the service of food without defeating the purposes which the ordinance is designed to accomplish. 2. Section 6, 'second paragraph, appears to impose on the club the burden of policing its premises to enforce a prohibition against the private con- sumption of liquor. This imposes an unreasonable burden as to those portions - of the club which are occupied as sleeping rooms by resident members, and tran- sient guests. It is submitted that the purpose of the ordinance would be served if this prohibition extended only to areas of public gathering. 3. Section 6, second paragraph, is ambiguous in that the word "per- mitted" is not modified. The Minnesota. Club closes its food service prior to the hour for closing the bar. After the dining room is closed, no further food service is "permitted" by the club, and, if this is the "permission'lreferred to, the sale of liquor thereafter might be construed to be a prohibited practice. We assume that the word "permitted" is intended to relate to permission by the ordinance and sug- gest that,, if this is the intention, the ordinance should be clarified by appropriate words of modification. NEB:lmc cc to Commissioner Robert Peterson spectfully yours, C 00 �� orman E. Biorn