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09-458Council File # ' -�� Green Sheet # 3069396 RESOLUTION SAINT PAUL, MINNESOTA Presented by � WHEREAS, the Saint Paul Department of Parks and Recreation holds a 3.2 malt beverage license for the 2 City's Midway Stadium; and 3 4 WHEREAS, Section 19, Chapter 554, Minnesota Laws 1990 pursuant to Minnesota Statutes 1988, Chapter 5 654.021 allows the Deparhnent of Pazks and Recreation, with City Council approval, to se113.2 malt 6 beverages at events sponsored by the Depariment of Parks and Recreation; and 7 8 WHEREAS, the Saint Paul Saints American Association Baseball Team will operate all concessions for 9 the City at Midway Stadium in 2009; 10 11 WHEREAS, that the Saint Paul Saints American Association Baseball Team may use the Department of 12 Parks and Recreation license to se113.2 malt beverages at Midway Stadium in 2009 under the following 13 terms and conditions; 14 • That sales shall occur only when events are scheduled at Midway Stadium. 15 • That prudent care will be taken to insure that all sales are made only to persons age 21 and over. 16 • That prudent care will be taken to insure that no sales are made to individuals who are or appear 17 to be intoxicated. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 • That the Saint Paul Saints American Association Baseball Team shall, at all times, comply with a11 federal, State of Minnesota, and City of Saint Paul ardinances, laws, and statutes pertaining to the sale of 32 malt beverages. • That the Saints specifically agree to defend and hold hannless the City of Saint Paul, its agents, officials and employees from any and ail liability far claims, injury, death or property damage relating to or resulting from the sale, use, consumption, ar distribution of alcoholic beverages on or about the premises leased and under control of the Saints during any Saints game, event, or sponsored activity. The Saints specifically agree that they will take all steps required by the State of Minnesota to ensure that all persons involved in the sale, use, or distribution of alcoholic beverages on or about the premises, have received the required State of Minnesota training for serving and distributing alcohol. Such training shall include, but not limited to, checking for proper identification before selling alcohol, not serving to minors, recognizing the signs of excessive consumption, and how to refuse to serve someone. Any failure or negligence on the part of the Saints to comply with any rules, regulations, or training relating to the sale, use, or dish of alcoholic beverages shall be the exciusive and sole liability of the Saints and in no way shall that liability be transferred onto the City of Saint Paul. • That the Saint Paul Saints American Association Baseball Team shall obtain and keep in force the following policies of insurance that name the City of Saint Paul, its employees, agents and officers as additional insured's; a) Comprehensive general liability insurance — two million dollars ($2,000,000.00) each occunence limit and two miilion dollars ($2,000,000.00) aggregate limit; b) Policy shall include an"all services, products, and completed operations" endorsement; c) Policy shall specifically include the sale and distribution of alcoholic beverages, in the coverage amounts, either through endorsement or umbrella policy purchase, with limits of at least one million five hundred thousand dollazs ($1,500,000.00) per occuffence and three million doilars ($3,000,000.00) aggregate. A certificate or certificates of insurance � , ��� 43 44 45 46 47 48 naming the City of Saint Paul as an additional insured plus proof of payment of premiums shall be provided to the Department of Pazks and Recreation prior to any sale of alcoholic beverages; Policy shall include all Saints' operations at the site for all Saints' activities including, but not limited to, Saints' games and Saints-sponsored events, as well as at all activities where the Saints sell alcoholic beverages. 49 NOW, THEREFORE BE IT RESOLVED, that the City Council approves the Saint Paul Saints American 50 Association Baseball team to use the Deparhnent of Pazks and Recreation's license to se113.2 beverages at 51 Midway Stadium in 2009. 52 Adopted by Council: Date „� lil� Adoprion Certified by Co cil Secret�ry By: Appzove a ate ✓� t— � By: � Requested by Department of: Parks a Re on By: Appcoved e in�ial n ices B Approve�i&y A� � B % , _ Approved for bm si n t ounc�#1 r � By: � � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet )epartment/Office/Council: Date InHiated: �' ��`� PR _Parks and Recreation 0&APR-09 Green Sheet NO: 3069396 'i Contact Person 8 Phone: ' Bob Kiepperich 646-1679 Must Be on COUncil Agenda by (Date): 29-APR-09 Doc. Type: RESOLUTION W75 TRANSACTION E-Document Required: Y DocumentCOntact: BobKlepperich Contact Phone: 646-1679 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations fof Signature) Sigantures on attached resolution allowing the Saint Paul Saints to use the City's 3.2 malt License at M'tcCway Stadium. Recommendations: Approve (A) or Reject (R)� personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a contract for this department? CIB Committee Yes No Civd Service Commission 2. Has this perSONfirtn ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any curtent city empbyee? Yes No Explain all yes answers on separete sheet and attach to green sheet. �� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City of Saint Paul holds the 3.2 Malt License for Midway Stadium, the Saint Paul Saints American Association Baseball Club holds the Stadium concession rights. An approval Resolution by the Saint Paul Ciry Council is necessary for the Saints to use the City`s liuense. Advantages If Approved: 3.2 beverages will be available to those of age attending Saints games and other Stadium events. The City will receive revenue from these sales as outlined in the agreement between the Ciry and The Saint Paul Saints. Disadvantages If Approved: None DisadvanWges lf Not Approved: Loss of beer service to the public and loss of revenue to both the Saints and the Ciry Total Amount of Transaction: $�0,000.00 Cost/RevenueBudgeted: Y Funding Source: Mldway StadiUm Fund 334 qctivity Number: 33182 ,b' ��� , ' �� , . �. �� ..�. � Financial lntormation: Approximately $10,000: City receives varying percentages of gross sales depending on when [he license is (Explain) used. April 9, 2009 9:58 AM Page 1 City of Saint Paut Interdepartmental Memorandum To: Margaret Kelly, Director of Financial Services From: Scott Cordes, Budget Analyst Subject: GS# 3069396 Midway 3.2 License Date: 4/21/2009 f�'�� Attached a resolution from Pazks requesting approval for the Saint Paul Saints to use the city 3.2 malt beverage license for beer sales at the Midway concession stand. The City holds the liquor license and the Saints operate the concessions. The City receives a percentage of gross sales estimated at $10,000 for 2009. This is a standard (recurring) resolution that is consistent with past practice and the existing agreement with the Saints organization. OK to sign. A.A-ADA-EEO Employer