95-28' � - � `� � f v�� �� Council File #
S ��S T� �"`� e--� � Ordinance # q ~ j — �
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Green Sheet #
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA ?✓�
Presented By
Referred To
Committee: Date
(�� I C� If�
An ordinance to limit the number of
on-sale intoxicating liquor licenses,
to reduce the concentration of liquor
licenses, and to limit new licenses
outside the downtown business district
to hotels and restaurants.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 409.02 of the Saint Paul Legisiative Code is hereby amended to read as
foIlows:
"Sec. 409.02. Definitions.
As used in this chapter, the following terms shall have tbe meanings ascribed to
them in this section:
Club shall mean a corporauon organized under the laws of the state for civic,
fraternal, social or business purposes or for intellectual improvement or promotion of
sports which has more than fifty (50) members and for more than a year owned, hired or
leased a building or space in a building of such extent and character as may be suitable
and adequate for the reasonable and comfortable accommodation of its members, and
whose affairs and management are conducted by a boazd of directors, executive
committee or other similar body chosen by the members at a meeting held for that
purpose, none of whose members, officers, agents or employees are paid, directly or
indirectly, any compensation by way of profit from the distribution or sale of beverages
to the members of the club or to its guests beyond the amount of such reasonable salary
or wage as may be fixed and voted each year by the directors or other governing body. A
club shall a1so, in order to be licensed, meet the provisions of Minnesota Statutes,
Section 340A.404, subdivision 1(4), which requires that Yhe organization shall have beea
in existence for at least three (3) years, and liquor sales will be only to members and
bona fide guests. The above term will include private clubs licensed under former
Chapter 404 of this Code, so long as they meet the above requirements upon application
for an on-sale �license.
� .
, �9-10-�t5
�
�.�. Interdepartmental Memorandum
CITY OF SAINT PAUL
�.
DATE: August 4� 1995
TO: Bobbi Megard
FROM: Phil Byrn�
I
RE: Closing Time Amendment
�� / '�
�7 G� ..%
45-2g .�.>j� �.
r `� > �-��-. �
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Attached are two copies of an amendment to the Guerin
ordinance, which will provide that a restaurant or a hotel could,if
it wished close the entire operation at a time earlier than 11:00
p.m.
One of the copies is marked to show where the new language is.
The other are two unmarked pages, pages 2 and 3, dated 8-4-95,
which can be offered as substitutes for the pages in the original
(which are dated 7-10-95).
cc: Bob Kessler
Tim Marx
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Fxclusive liquor store shall mean an establishment used only for off sale and on
sale sales of intoxicating liquor, except that, upon obtaining proper state or city licenses
for such sales, cigars, cigazettes, all forms of tobacco and nonintoxicating malt beverages
and soft drinks may also be sold in said exclusive liquor store at retail; provided, further,
that such nonintoxicating malt beverages and soft drinks, when sold pursuant to an off
sale liquor license, shall be sold for consumption off the premises only.
General food store shall mean any place of business carrying a stock of food
supplies and primarily engaged in selling food and grocery supplies to the pubiic.
Hote1 shall mean an establishment with resident proprietor or manager, where, for
payment, food and lodging are regulariy furnished to transients, and which maintains, for
use bf its guests, no fewer than fifty (50) guest rooms with bedding and other suitable
and necessary fumishings in each room, and which has a main entrance with suitable
lobby, desk and office for the registration of guests on the ground floor and which
employs an adequate staff to provide suitable and usual service, and which maintains,
under the same management and control as the rest of the establishment and as an
integral part thereof, a dining room with appropriate facilities for seating not less than
thirty (30) guests at one (1) time, where the general public as, in consideration of
pavment, served with meals at tables,`w�inse. ��`n55 r��eipts �rcT�2't�te S�X�� flf ft�4d>�7T�1
Intozzcating liquor or Ziquor shali mean and include ethyl alcohol, and any distilled,
fermented, spirituous, vinous or malt liquid of any kind potable as a beverage, which
contains an alcoholic content in excess of three and two-tenths (3.2) percent thereof by
weight or four (4) percent by volume.
Medicines shall mean and include only such potable liquids as prescribed by
licensed physicians and dentists for therapeutic purposes and United States
Pharmacopoeia and National Formulary preparations and preparations used for the
mitigation of disease for external and internal purposes which are usually sold in drug
stores and intended for therapeutic purposes and not for beverage purposes.
Off-sale shall mean the sale of liquor in original packages in retail stores for
consumption off or away from the premises where sold.
On-saLe shall mean the sale of liquor by the glass for consumption on the premises
only.
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Package or original package shall mean and include any container or receptacle
holding liquor, which container or receptacle is corked or sealed. (� � Z p
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Person shali include individuals, corporations, partnerships and associations.
Restaurant shall mean an establishment other than a hotel, �u�ase;ftiad;
se�C� ,, � , � m �
�;,��� under the control of a single proprietor or manager, having appro
facilities for the serving of ineals for no fewer than fifty (50) guests at one (1)
: Sale and sell shall mean and include all barters and all manner or means of
furnishing intoxicating liquor or liquors in violation or evasion of law."
Section 2
Section 409.03 of the Saint Paul I.egislative Code is hereby amended to read as
foiioWS:
"Sec. 409.03. Number of licenses.
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(b) Off-sale licenses shall be granted subject to the approval of the liquor control 7 s �
commissioner only to proprietors of exclusive liquor stores, and but one (1) such license
shall be issued for every five thousand (5,000) inhabitants in the city.
Section 3
Section 409.06 of the Saint Paul Legislative Code is hereby amended to read as
follows:
"Sec. 409.06. Licensing requirements.
(a) Applzcation. Any person desiring a license to sell intoa�icating liquor shall make
his verified application in writing upon a form approved by the liquor control
commissioner of the State of Minnesota and shall file the same with the inspector. Such
application form shall requue that the following information be set forth upon the
application, and such further information as may be required:
(i) The name and place of residence of the applicant.
(2) The location of the premises upon which the applicant proposes to sell
such liquor and an exact description, including the proposed floor plan and
seating cagacity, of the particulaz place within the building structure where
such sales are proposed.
(3) Whether the applicant has ever been engaged in a similar business and, if
so, the location thereof and the date when so engaged. The application
shall be signed and verified by the applicant in person and, if the applicant
is a corporation, by an officer of the corporation.
(4) Whether applicant has ever used or been known by a name other than his
true name; and if so, what was such name or names and information
concerning dates and places where used.
(5) Street addresses at which applicant and present spouse have lived during
the preceding ten (10) years.
(6) Kind, name and location of every business or occupation applicant has
been engaged in during the preceding ten (10) years.
(7) Names and addresses of applicanYs employers and partners, if any, for the
preceding ten (10) yeazs.
(8) Whether applicant has ever been convicted of any felony, crime or
violation of any ordinance other than traffic. If so, the applicant sha11
furnish information as to time, place and offense for which convictions
were had. The inspector and council shall not make use of any conviction
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1 or criminal record not available for lawful use under Minnesota Statutes, 9��
2 Chapter 364.
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Whether applicaut has ever been engaged as an employee of or in
operating a saloon, hotel, restaurant, cafe, tavem or other business of
similaz aature. If so, applicant shall furnish information as to the time,
place and length of time.
(10) If the applicant is a partnership, the names and addresses of all partners
and all information conceming each partner as is requued of a single
applicant. A managing partner or partners shall be designated. The interest
of each partner in the business shall be disclosed. A true copy of the
partnership agreement sball be submitted with the application; and if the
partnership is required to 51e a certificate as to a trade name under the
provisions of Chapter 333, Minnesota Statutes, a copy of such certificate
certified by the clerk of district court shall be attached to the application.
(11) If the applicant is a corporation or other organization and is applying for
an on-sale or off-sale license, the foilowing:
a. Name, and if incorporated, the state of incorporation.
b. A true copy of certificate of incorporation, articles of incorporation,
or association agreement and bylaws; and if a foreign corporation, a
certificate of authority as described in Chapter 303, Minnesota
Statutes.
c. The name of the manager or proprietor or other agent in charge of
the premises to be licensed, the assistant manager(s), the food
manager(s), and the beverage manager(s), giving all the information
about said person(s) as is required of a single applicant in
subparagraph (3) of this section.
d. The application shall contain a list of all persons who, singly or
together with any other person, own or control an interest in said
corporation or association in excess of five (5) percent or who are
of�icers of said corporation or association, together with their
addresses and ail information as is required of a single applicant,
except that applications for off-sale shall list all persons who own or
control any interest in said corporation.
(12) Reserved.
(13) A copy of the Minnesota buyer's card or application therefor, and a copy
of the federal retail dealer tax stamp or application therefor, received or
submitted by the applicant.
(14) The amount of the investment that the applicant has in the business,
building, premises, fiYtures, furniture, stock-in-trade, and any other asset,
and proof of the source of such money.
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(15) 'The names and addresses of all persons, other than the applicant, who �S�'O
have any financial interest in the business, buildings, premises, fixtures,
furniture and sLOCk-in-trade; the nature of such interest, amount thereof,
terms for payment or other reimbursement. This shall include, but not be
limited to, any lessees, mortgagees, mortgagors, lenders, lien holders,
trustees, trustors and persons who have cosigned notes or otherwise loaned,
pledged or ea�tended security for any indebtedness of the applicant.
(16) Whether or not all real estate and personal property t�es for the premises
to be licensed that are due and payable have been paid, and if not paid,
the years and amounts which are unpaid.
The applicant shall �le with the inspector, with his application, the amount of the license
fee herein fiYed for the particular license for which he makes application.
(b} Investigation; issuance; etc. The license inspector shall register the application
in books kept for that purpose, one (i) for on-sale licenses and one (1) for off-sale
licenses. He or she shall notify immediately the d'uector of the division of public health,
the chief of police and the chief of the department of fire and safety services of the fact
that such application is filed. It is hereby made the duty of the aforesaid director, the
chief of police and the fire chief to inspect and examine or have inspected and examined
the premises described in the application and inquire into the character of the applicant
and make report to the inspector of their opinion, whether the applicant is a proper
person to receive such a license and whether the premises are suitable for such a
business. Upon receipt of the reports, the inspector shall examine them and transmit
them to the city council, together with his or her recommendations respecting the
applicant or the place of business. Upon receipt of such reports and recommendations,
the council shall consider the same and shall, by resolution, grant or deny the
application.
Where the agplication is for an off-sale liquor lacense and the applicant is the
holder of an on-sale nonintoxicating malt liquor license heretofore issued by the city
council to sell such noninto�cating malt liquor for consumption on the premises, the
council shall not grant such off-sale liquor license until the applicant sunenders his
license to sell nonintoxicating malt liquor for consumption on the premises. If an off-sale
license is granted, the resolution granting it shall direct the inspector to issue the license
whenever the bond hereinafter provided for has been approved and the liquor control
cominissioner advises the inspector that he approves of the issuance of the license to the
particular applicant.
If an on-sale license is granted, such resolution shall direct the inspector to issue
the same whenever the bond hereinafter provided for has been approved.
Should the application for a license not be granted, the resolution refusing the
same shall authorize and direct the proper city officers to refund to the appiicant the
deposit made at the time of the filing of ti�e application.
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(c) License qualifications. No license sha11 be issued to anyone other than a
person twenty-one (21) years of age or older, of good moral character and repute, nor,
consistent with and subject to Minnesota Statutes, Chapter 364, to any person convicted
of any federal, state or local crime or offense involving the manufacture, sale,
distribution or possession for sale or distribution of intoxicating liquor, or of any crime
under Minnesota Statutes, Section 152.09, subdivisions 1(1), 1(3) and 2, or of any crime
usable under Minnesota Statutes, Chapter 364, which directly relates to the occupation
or business for which the license is sought.
fe-�j {iI� Public hearing; notices. No new license for either on-sale or off-sale shall
be issued until the council's committee designated to hear license matters shall have first
held a public hearing on the application. The notification requirements appiicable to
license transfers or cbange in licensed areas in section 409.11 shall be appiicabie in the
issuance of new licenses.
�d-} ��) One license only. Not more than one (1) off-sale retailer's license shall be
directly or inclirectly issued to any one (1) person or for any one (1) place in this city,
nor shall any retailer's off-sale license be directly or indirectly issued for any place for
which a license of another class has been granted. It shall not be a violation of this
paragraph for a person who owns, directly or indirectly, or who has an interest in any
intoxicating liquor license in this city additionally to own directly or indirectly or to have
an interest in one (1) or more corporations owning or operating a hotel holding an
intoxicating liquor license in connection therewith; provided, that such hotel shall have at
least one hundred fifty (150) or more rental units.
{e� �� Premises of license. No on-sale or off-sale lacense shall be effective beyond
the compact and contiguous space named in such license and for which the same was
granted, except that an on-sale license granted for sales in the dining room of any hotel
may pemrit sales of liquor with meais in additional dining rooms open to the public and
specified in the license if ineals are regularly served to guests therein. If ineals are
regulazly served to guests in guest rooms in any such hotei, liquor may be sold in such
guest rooms but only with meals; provided, that such guest rooms must be specified in
the license granted. No sales shall be made upon the premises of an on-sale licensee
except upon the ground floor; provided, however, that this limitation shall not appiy to a
hotel duly licensed to sell on another floor as in this secuon provided; and provided
further, that a licensee shall be permitted to sell at a place in a building other than the
ground floor if a license has been granted for sales on a floor other than such ground
floor. All licenses granted hereunder shail set forth the exact location within the building
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structure where such sales may be made and no sale shail be permitted except in that �s�„�
part of ihe premises defined in the license, except as provided in the following
subsectio
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��`��'7�rrt��ri��r�e-�:�ei�ice=�iz 'The council may, by resolurion, permit any
- �.....:..,:.,,..,...:� .:.:.:..:::.: ,>.,..:..:::,..:::,.<.
licensee to sell or serve into�acating liquors in areas outside the building structure which
are immediately adjacent to and contiguous with the structure containing the licensed
premises. Such outside service areas shall be seasonal, and shall not involve an
enlargement of the building structure. Such permission shall not be granted unless all the
conditions of subsections {1) through 48) � and all pertinent provisions of the zoning
code aze satisfied.
(� ��� No outside service area shall be permitted unless the licensee presents
with his or her application for such outside service area a statement in writing by
nin ety (90) percent of the owners and tenants of atl private residences, dwellings
and apartment houses located within two hundred (200) feet of the proposed
outside service area that they have no objection to such service area.
Measurements shall be determined from the property line of the licensed
premises to the property line of the residential uses; provided, however, that
where the licensed premises is located within a shopping mall or shopping center
the measuremeats shall be determined from the nearest corner of the building in
which the licensed premises is located to the property line of the residential uses.
(3� (�� Off-street parking spaces may not be reduced by the establishment of an
>...
outside service area below the number of off-street parking spaces which would be
required if the licensed premises together with the outside service area were to be
newly constructed in conformity with the zoning code; provided, however, that this
requirement may be modified by the council by resolution in accordance with the
procedures and substantive criteria provided in section 409.08(11)e. of this
Legislative Code.
{� ��} No outside service area shall be permitted unless the licensee provides, in
addition to other requirements of law, safety barriers or other enclosures to
protect patrons from any hazards, including vehicular traffic.
�3j ��� No outside service area shall be located on public propezty or upon any
street, alley or sidewalk, nor shail such outside service areas hinder or obstruct
vehicular or pedestrian uaffic on any street, alley or sidewalk. Notwithstanding the
foregoing, the sale and service of alcoholic beverages within a sidewalk cafe by a
food establishment in the downtown business district, which is licensed as a
restaurant under Chapter 331 of the Legislative Code and which is in compiiance
with the provisions of section 106.01 of the Legislative Code, is permitted.
�} ��) 'The council may deny any application for an outside service area where it
has reason to believe, or may revoke its permission for such an outside service
area where it is satisfied, that the impact of such outside service area on adjoining
property will be, or has been, any of the following:
a. Loud, boisterous or disturbing noise levels;
b. Hazardous traffic conditions;
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c.
d.
e.
f.
Offensive, obnoxious or disturbing odors;
Excessive litter;
Excessive artificial lighting;
Substantial decrease in adjoining properry values; or
9s-�
g. Any other condition inconsistent with the reasonable use and
enjoyment of adjoining property and inconsistent with the health,
safety, morals and general welfare of the adjoining neighbors or
community.
{�} �{� Permission to sell and serve into�cating liquor in or upon any outside
service azea may be revoked by the council on three (3) days' notice to the
licensee, pursuant to information received at a public hearing before said council.
The information need not be received under oath, but must reasonably satisfy the
council as to the existence of any or all of the conditions listed in subparagraph
(6). The public hearing shall be conducted with such formal or informal
procedures as the council may permit, so long as the licensee and any complaining
parties have an opportunity to be heard.
{� ('1� The licensee shall, with respect to any outside service area, comply with all
applicable provisions of law and regulations in regard to the sale and service of
into�ticating liquor, including, without limitation by reason of this specification, all
applicable regulations contained in sections 409.08 and 409.09 of this chapter.
{€j �� Zoning restrictions. No license shall be issued for premises located within an
area wherein such use of the premises is prohibited by the zoning code, nor within an
area where such sales are forbidden by the state law or any other ordinance of the city.
fgj �i� License restrictions. No off-sale license shall be issued for any place where
nonintoxicating malt beverages shall be sold for consumption on the premises.
{-� �� Other required permit. No license granted hereunder shall be effective until
a permit shall be issued to such licensee by the United States if any such permit is, in
fact, required.
���� State restrictions. No license shall be issued to any person in connection
with the premises of another to whom no license could be issued under the provisions of
the state liquor control act; provided, however, that this provision shall not prevent the
granting of a license to a proper lessee by reason of the fact that he shall lease premises
of a minor, nonciuzen or a person who has been convicted of a crime other than a
violation of this chapter or the liquor conuol act.
� �I) Reserved.
� Renewals:
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(1) An on-sale license renewal may be denied for any licensee who is /�d�d
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delinquent in any payment or contribution to a health and welfaze trust or
pension trust.
(2) If on or before the eacpiration date of the license the licensed business has
discontinued its operation or closed for any reason, the council shall renew
said license only upon the condition that the licensee shall reopen and
restore the licensed business to full operation within the terms of the
reuewed license, or in the altemative, that the licensee shall make
application for and obtain passage, approval and publication of a resolution
for the transfer of said license within the term of the renewed license to
another person. No license issued upon condition pursuant to this
subsection shail be further renewed unless one (1) or the other of the
above conditions has been fully met; provided, however, that the council
may reissue a license for a business which has not been in full operation
during the prior license year if the licensed premises were acquired by
eminent domain or under the threat of eminent domain and the licensee
has made a good faith attempt to relocate the business to another location.
(3) Any license which is not renewed pursuant to this paragraph (k) or for any
other reason lapses and may be reissued pursuant to section 409.16.
{}j ��) License near church or schooL No license, except an on-sale wine or
intoxicating malt liquor license issued to a restaurant as defined in section 4Q9.15, shall
be issued for any premises located within three hundred (300) feet from any public or
pazochial school, church or synagogue, said three hundred (300) feet being calculated
and computed as the distance measured from the property line of the premises or
building proposed as the location for the liquor license to the property line of any school,
church or synagogue in the azea for which the license is sought.
Any licenses in force and effect on November 10, 1962, the location of which
license is in conflict with the provisions hereof, may be renewed, transfened or otherwise
dealt with in accordance with law, it being the intent of this paragraph that it be applied
prospecdvely for proposed locations of licenses, and further it being the intent of this
pazagraph that the limitations set forth in this paragraph shall in no manner be
applicable to any hotel or motel. IJpon written petition signed on behalf of the school,
church or synagogue located within three hundred (300) feet of the proposed location of
the license, the council may by a five-sevenths vote disregard tt�e provisions of this
paragaph insofar as location adjacent to a church, school or synagogue of a proposed
license is concerned.
{� �p� Unlawful use of weapons. Tf during any twelve-month period there are
reported two (2) or more incidents involving unlawfui use or handling of firearms, assault
weapons or lmives, as defined in section 225.01, on any licensed on-sale premises, a
public heazing shall be conducted by the council. Any adverse action may be considered
by the council pursuant to the hearing provisions of section 310.05.
(�-} �i� Prohibited interests. A holder of a license as a manufacturer, brewer or
wholesaler may not have any interest or ownership, in whole or in part in a business
holding a retail into�cadng liquor license or in the license so held, but a manufacturer
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or wholesaler of intoxicating or nonintoxicating liquor may use or have property rented 4���
for retail intoxicating liquor sales if the manufacturer or wholesaler has owned the
property continuously since November 1, 1933. For the purposes of this paragraph, the
term "interest":
(1) Includes any pecuniary interest in the ownership, operation, management
or profits of a retail liquor establishment, and a person who receives
money from time to time directly or indirectly from a licensee, in the
absence of considerauon and excluding gifts or donations, has a pecuniary
interest in the retail license; and
(2) Does not include loans, rental agreements; open accounts or other
obligations held with or without security arising out of the ordinary and
regular course of business of selling or leasing merchandise, fixtures,
supplies to the establishment; an interest in a corporation owning or
operating a hotel but having at least one hundred fifiy (150) or more rental
units holding a liquor license in conjunction therewith; or ten (10) percent
or less interest in any other corporation holding a license; and
(3) In detemuning whether an "interest" e�sts, the transaction must have been
bona fide and the reasonable value of the goods and things received as
consideration for a payment by the licensee and all other facts reasonably
tending to prove or disprove the existence of a purposeful scheme or
azrangement to evade the restrictions of this paragraph must be considered.
�ej �q� Nonconforming cZubs; transition. T'he restrictions and requirements in
sections 409.06(t�, 409.06(1), and 409.08(11) of this chapter shall not apply to licenses
issued to a club under this chapter which at the time of application for an on-sale license
held a private club license under former Chapter 404 of this Code for the same premises
for which a license hereunder is sought or will be issued, for so long as the on-sale
license remains at that location and the licensed premises is neither enlarged nor
transferred. Such licensed premises will be deemed a lawful nonconforming use under
the zoning code:'
Section 4
Section 409.10 of the Saint Paui Legislative Code is hereby amended to read as
follows:
"Sec. 409.10. Restrictions on licenses.
When a reasonable basis is found by the council to impose reasonable restrictions
upon a license held under this chapter, the council, upon issuing a new license or
renewing a license or approving a transfer of a license, may impose reasanable
conditions and restrictions pertaining to the manner and circumstances in which the
business shall be conducted to preserve the public peace and protect and promote good
order and security. These reasonable conditions or restrictions may pertain to:
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A limitation as to the hours when into�cating liquor may be sold and/or !��'�
consumed on the licensed premises;
A limitation and restriction as to the exact location within a buiiding where
intoxicating liquor will be served and/or sold and/or consumed;
A limitation and restriction as to the means of ingress to or egress from
the licensed establishment;
(3)
A requirement that certain off-street parking facilities be provided;
(4)
(5) A condition that the license will be in effect only so long as the
establishment remains a drugstore, restaurant or hotel as defined by the
state liquor act or regulations adopted pursuant thereto;
(6) A limitation and restriction as to the means and methods of advertising the
sale of intoxicating liquor on the building and/or on the premises adjacent
thereto;
(7) Reasonable conditions limiting the operation of the licensed premises so as
to ensure that the licensed business will comport with the character of the
district in which it is located and/or to the end that nuisances will be
prevented;:-at��
Section 5
Section 409.11 of the Saint Paul Legislative Code is hereby amended to read as
foilows:
"Sec. 404.11. Transfer of license; change in service area.
(a) �`�atas,�'�i�K No on-sale license granted hereunder shall be transferable €Fe�
from piace to place (including changes in licensed areas) without the
consent of the city council, which consent shall be evidenced by resolution passed by the
city council.
#,2�� �u�� a�Q,' t�rnpax'%�r� �rfen�'ttsnt �'�erv��e �ir�u; No license granted for a
specified part of any particular premises shall pernut sales of such liquor on a part of
such premises not specified in the license; or in an area adjacent to such licensed
premises; provided, however, that the license inspector or his or her designee may waive
this limitadon and allow a temporary extension of the liquor service area subject to the
following criteria herein estabiished by the city council. Failure to make a waiver and/or
allow such a temporary extension is not adverse action and does not require notice and
hearing in the event of denial or inaction:
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(1)
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No such extension shall be for more than a continuous twenty-four-hour g�'�
period and shall be valid only at times that liquor sales are allowed by law;
No licensee shall receive more than twelve (12) such service extensions in
any calendar yeaz;
The temporary extended service azea can be either indoors or outdoors,
but must be immediately adjacent to the licensed premises;
(4) All business operations on or in the temporary extended service area shall
be in compliance with all other requirements of state law and of this
chapter, and in particular shail comply with the requirements of the
Chapter 293 of this Legislative Code relating to noise;
(5) The temporary e�ctended service area, if outdoors, shall be enclosed by a
vertical fence or partition at least four (4) feet in height which allows
control of access to and from the liquor service and consumption area;
(6) The licensee shall present with his or her application for permission for a
temporary elstension either the written consent or nonobjection of the
citizens' district council whose geographical area encompasses the licensed
premises, or a petition containing a statement in writing with the signatures
of sixty (60) percent or more of the owners and occupants of private
residences, dweilings and apartment houses located within two hundred
(200) feet of such premises stating that they have no objection to the
granting of such temporary extension of service area. If such consent or
nonobjection is refused or if such petition fails, the city council may by
resolution authorize the temporary extension o£ the service area;
(7) T`he licensee shall notify, at least ten (10) days in advance of the date of
the proposed temporary extension, all owners and occupants who own
property or reside within three hundred (300) feet of the property line
within which the licensed establishment is located of the proposed
temporary extension of liquor service. Such notice shall be typewritten and
include the location, date and time of the proposed extension of liquor
service. The notice shall specifically state: "If any person has comments
about this proposed temporary extension of liquor service, they aze
encouraged to telephone the Mayor and Council Information and
Complaint Office:'; and
(8) The licensee shall be required to apply for each such temporary extension
in such form as the license inspector may require, and the fee for each
such application, whether granted or not, shall be fifty dollars ($50.00).
��} �r��rs z�f �ac� an �arpr�r�`e �een.re�s, �t�ig� �r� �j,�'u�rs �1� The transfer of
stock in any corporate hcense shall be deemed a transfer within the meaning of this
section, and no such transfer of stock shail be made without the consent of the city
council.
�€x� It is hereby made the duty of the officers of any corporation holding a license
issued under the authority of this chapter to notify the city council of any proposed sale
13
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or transfer of any stock in such corporation, 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 Y����
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.
�ii�� 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 granted to such
corporation.
tv. Notwithstanding the provisions of this section, publicly owned corporations
whose stock is traded on the open mazket may comply with the requirements pertaining
to stock ownership and stock transfer by fumishing the council with the names and
addresses of all stockholders of record upon each renewal of the license.
��� 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 application, the application shall be read by the city clerk at the
next regulaz meeting of the city council.
t�e�aruz .. u n:t��ns �rs t+r �lirsn es. ivi<ser�x�e;�srea,The council� �� =���
> ., : :..:,,,.,,.....�.:.:..;&�,..:P�?_<,...:.. : M.:.. �: .:>, . :..:..�.._:.:_. b�
,:..�:,...,..va .,. ,..,., ,;..,...�,. _.... ...:.. ...:.::�._,_..:<:..,:.,.::...;>:...�:.>
u�� - - shall �ke� schedule a date for public hearing upon
said application for transfer or change in licensed area. At least forty-five (45) days
before a public hearing on a uansfer or change in licensed azea, the depaftment sha11
notify by mail all owners and occupanu who own property or reside within three
hundred fifty (350) feet of the establishment to which the license is to be transferred or
area changed, and all community organizations that have previously registered with said
department to be noti�ied of any such application, of the time, place and the purpose of
such hearing, said three hundred fifty (350) feet being caiculated and computed as the
distance measured in a straight line from the property line of the building where
intoxicating liquor is sold, consumed 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 wuncil' 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
t2us section and consent of the council by resolution. 'The failure to give mailed notice to
owners or occupants residing within three hundred fifty (350) feet, or to community
organizations, or defects in the notice, shall not invalidate the uansfer provided a bona
fide attempt to compiy with this section has been made. A bona fide attempt is
evidenced by a nofice addressed to "owner" and to "occupant" of the listed address.
Only one (1) notice need be mailed to each house or each rental unit within a multiple-
fanuly dwelling regardless of the number of occupants.
��jtut�tzee.reqr.t�re»z�nt�:�iot;,_ : :ticutxl�:::�=1Jn�fa�`#3�Priess=;L?i�trie#%The
, .�?PIP .,_. . � .�....... ,: .. :., •,.
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 intersection of
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Shepazd Road with Chestnut Street, Chestnut Street to Pleasant Avenue, Pleasant 9,�'�.�
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 Wamer Road, Warner Road to
Shepard Road, Shepard Road to Chestnut Street.
�} ��;�p;:frtzi�'fe�r3;pexsa�-`�'` :';., Notwithstanding any other provision in the
..,...: . �,..�......._�n.,
Saint Paul Legislative Code, no on-sale license shall be transferable from person to
�- ' - -
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Y" ' _ _ _ _ _
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{e3 �g�;;�'tuce:��?;�?����:�`���;`1;i3?ii�dt Notwithstanding any other provision in the
...::............:..
Saint Paul Legislative Code, an on-sale license may be transferable from place to place
within one (1) liquor patrol limit as defined in section 17.07 of the City Charter, and
from such liquor patrol limit to any location in a commercial development district, also
as defined in said section of the Charter, so long as the transfer and new location meet
all the requirements of law, ordinance, Code or Charter. An on-sale license may be
transferable from place to place into a liquor patrol limit subject to all the restrictions
and requirements of section 17.07.2 of the City Charter.
(ej ������r�s�`'FS;t�`��;iy%t�g�: A license issued under this chapter is a privilege
accorded to the licensee to engage in all the lawful activities permitted thereunder and is
neither property nor a property right. Such license may not be leased, assigned, pledged,
15
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mortgaged or liened. An agreement providing for management of the licensed business ���'�
or premises (or any part thereofl shall be reduced to writing, executed by the parties
thereto and filed within ten (10) days after its execution in the office of the inspector.
Failure to reduce a management agreement to writing, and failure to file the same with
the inspector as required above, shall each constitute separate grounds for adverse
action. The licensee notwithstanding a management agreement remains fully responsible
for the ficensed business and/or premises, as well as the conduct of all employees,
managers and agents in accordance with sections 310.17 and 409.14 of the Code.
{�._i�;��vrY`�`-'airii �`m�te�s-�<th�<Ii��:Notwithstandin an other
�:�.;.::.:.:..�,::.>.�:.,,,:�'�.,�..:;�:��'::��:;:::::�.._::.::...�:.:.:..;::._.:<;:..>:.:..;.:>;>:>:: B Y
provision of law to the contrary, the addition of one (1) or more family members as
defined in section 409.05(k) of the Legislative Code as partners, officers or shareholders
in a partnership or corporation holding a license under this chapter shall not be deemed
to be a transfer of the license ot to requue the submission of an original application for
a license so long as all the additional family members comply with the provisions of
section 409.05(k)."
Section 6
This ordinance shall take effect and be in force thirty (30) days following its
passage, approval and pubiication.
�. ii� o� I i�
p���,��„
SEP -� i995
Requested by Department of:
By:
B
App�
By
Form Approved by City Attorney
sy � �(.C�(,/1 . ��'LU.� 7'/0 - �1.�
l
Approved by Mayor for Submission to
Council
s
Adopted by Council: Date �
Adoption Certified by Council Secretary
qs a�
DEPAqTMENTlOFFICE/COUNCIL DATE INITIATED N� 2 916 4
c� c�;� a-12-1�ss GREEN SHEE
CONTACT PERSON 8 PHONE INITIAVDATE INRIAVDATE
aDEPAqTMENTDIRECTOR aCITYCOUNCI�
`(p��� G`� (�'�� ASS��N O CITY ATTORNEY � CRY CLERK
MUST BE ON CAUNC�L AGENDA BY (OATEj q�Y GFOP O BUDGET OIflECTOP � FIN. & MGT. SERVICES DIR.
OflDEfl � MAYOR (OR ASSISTANT) �
TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
An admance to I�it themmiberofon-sale mtoxica5ngliqua�liceases, to reduce the concenh�arion of liquor licenses, and to limit new licenses
outside the downtown business district to hotels and restaurants.
RECOMMENDATIONS: Appro�e (A) ot Reject (R) p�RSONAL SERVICE CONTRACTS MUST ANSWER THE F04LOWING �UESTIONS:
_ PLANkfNG COMMVSSfON _ CIVIL SERVICE COMMfSSION �� H2S this per5onlfiRn ever worked untler a ColrtrdC[ for this department?
_ CIB COMMITfEE _ YES NO
_ S7AFF 2. Has this person7firm ever been a city smployee?
— VES NO
� oiSiRiCT CAUSxr _ 3. Does ihis persoNfirm possess a skill not normaliy possessetl by any cuttent ciTy emplayes?
SUPPORTSWHICHCOUNGLOBJECTIVE? YES NO
Explatn all yes answers on separote sheet and attaeh to green sheet
INITIATINCa PROBLEM. ISSUE, OPPORTUNITY(Who, What, When, Whare, Why�:
An opportuniry to limit the number of bars in azeas where there is a concentration of bars, and in residential neighborhoods, eaccept in the
designated entertainment districts.
ADVANTAGESIFAPPROVED:
Less liquor licenses outside designated entertaimnent districts.
OISADVANTAGES IF APPPOVED:
None
DISADVANTACaES IF NOTAPPROVED'
.�Y2tI7S CjllO
TOTAL AMOUNT OF THANSACTION $ COSTlREVENUE BUDGETED (CIACIE ONE) YES NO
FUNDIfdG SOUFiCE AC7IVITY NUMBEq
FINANCIAI INFpRMAT10N' (EXP4AIN)
� S - �--8'
CITY OF S.4INT PAUL
Norm Colemart, Mayor
August 3, 1995
To: Council President David Thune
City Counciimembers
Fr: Robert Kessler, LIEP Director �,�-
OFFICE OF LICENSE, INSPECt'fONS ANB
ENVII20NMENTAL PROTECIION
Raben Kessler, Dixcror
LOARY PROFESSfONAL
BUBDING
Suiu 3Q�
3S0 Sk Perer SYseu
Sainz Paul, Mi�viesota 55102-I570
I'eleplwne: 6I2-2669090
Facsimik: 622-266-9099
672-26G9I24
RECE1ilEi�
OCT 181995
C1TY CLERl4
Re: Business Review Council Recommendafion, Council File 95-2$ - An
Ordinance to reduce the concentration of liquor Licenses
Today at its regularly scheduled meeting, the Business Review Council (BRCJ
discussed the proposed ordinance ffiat addresses the concentration and
number of liquor licenses in the City. After a lengthy discussion the Business
Review Council voted 6 to 4(with one abstention) to recommend approval. The
salient reservation expressed by some members of the BRC concemed the
provision that revoked licenses can never be reestablished, even by a new,
"responsible" license holder.
Several members of the BRC indicated that the provision to deny a property
right in perpetuity was, in their opinion, inappropriate. The majority voting in
favor of the ordinance as proposed predicated their support on the extensive
due process protections provided for in the City's licensing ordinances, and
State Law. They felt that there was ample opportunity to remedy problem
situations before revocation would be considered. The majority also noted that
the concentration of liquor establishments has a definite negative effect on the
surrounding neighborhood, which is intensified by certain "problem"
establishments, and that this would justify the elimination of a license.
In a related vein, the City Council asked for a defuution of a"Commercial
Development District" and Phil Byrne has prepared the attached for your
information. In addition we have included maps of the approved development
districts as requested.
Please let me know if you have any further questions or need additional
information.
c: Mayor Norm Coleman
William Cosgrif'f, BRC Co-Chair
Marie Aarthun, BRC Co-Chair
Mark Shields, Chief Of Staff
Pam WYieeiock, Deputy Mayor
Phil Byrne, Assistant City Attomey
Christine Rozek, License Manager
Nancy Anderson, Assistant CouncIl Secretary
Business Review Council Members
-� 5 - 2-8'
DEFINITION OF CONB4ERCIAI, DEVELOPMENT DISTRICT
A commercial development district under Section 17.07.1 of the
Charter is "an area within the city as desiqnated herein, or
created by the council hereafter in accordance with this section."
A commercial development district is better defined by its
consequences.
There is no limit on the number
licenses which may be issued or
into, a commercial development
City Charter.
of on-sale intoxicating liquor
renewed within, or transferred
district. Section 17.07.2(5),
The provisions in Section 409.06(b) of the Legislative Code
which prohibit the issuanae of a new on-sale license for a
location that is within 1/2 mile of 4 or more existing on-sale
premises do not apply in a commercial development district.
3. The limitations on a place to place transfer within a"liquor
patrol limit" in Section 409.11, subsections (c) and (d), do
not apply in a commercial development district.
Please note that all on-sale liquor establishments wherever located
are subject to zoning code requirements. A special Charter
provision makes it more difficult for on-sale establishments to get
variances or special condition use permits. It requires an
affirmative vote of 5 council members and 15 planning commission
members for such a variance or SCUP. Section 17.07.3, City Charter.
CITY CXAIiTER
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43
,�=-
MICHAEL J. HARRIS
Counnlmember
Date: July 12, 1995
COMNIITTEE REPORT
CTTY OPERATIONS COMMTTTEE
Members:
Mike Aarris, Chair
Jeny Blakey
Dino CJUerin
Janice Rettman
Dave Thune
Approval of the minutes from the April 12, 1995 and May 10, 1995 meetings of the City
Operations Committee.
COlYIMITTEE APPROVED, 5-0
2. Discussion of tenant/landlord issues, and recommendations made by the Council Reseazch
Report titled "A Study of Remedies for Chronic Problem Properties" (Last discussed in
Committee 4(12/95.) Staff: Gary Trudeau, Fire Department; Ghuck Votel, Public Health
Department; Marcia Moermond, Council Research
NO COMMITTEE ACTION NECESSARY AT THIS T`IME
3. Ordinance 95-204 - an ordinance amending the Saint Paul Legislative Code, adding a new
chapter thereto establishing a user charge for excessive consumption of police services
(Refened from Council3(1/95).
gsa�
CZTY OF SAINT PAIIL
OFFICB OF THE CITY COUNCIL
FROM COMMITTEE TO FULL COUNCII. WTl'H NO
RECOMll�NDATION
4. Controlling the number of taYicab licenses and related regulation issues (Last in Committee
8/10/94; Study completed by Hamline University Public Administration Graduate students).
Staff: Bob Kessler, LIEP
CONIlVITITEE RECOMMENDED LEGISLATION BE DRAFI'ED AND DISCUSSED
AT THE NEXT C1TY OPERATIONS COMMIT'I'EE MEETING
CITY Hr1LL THIRD FLOOR SAINT PAUL, MINNPSOTA 55? 02 612/266-8630
S�s46
Prinred on Rerycted Paper
gS-a�
City Operations Committee
Committee Report
Page Two
3uly 12, 1995
5. Reducing the concentration of on-sale and off-sale liquor licenses (Study completed by
Hamline University Public Administration Crraduate studems). Staff: Bob Kessler, LIEP
(Corresponds with Council File 95-28 - limiting the number of on-sale intoxicating liquor
licenses, to reduce the concentration of liquor licenses, and to limit new licenses outside the
downtown business district to hotels and restaurants. Laid Over in Committee 2-8-95.)
A SUBSTITUTE ORDINANCE WAS INTRODUCED (4-0) AND REFERRED TO
FULL COUNCJL WITH NO RECOMMENDATION
. �5-a� %
DEPAflTMENVOPFICE/COUNCIL DATE INITIATED �� � � � � "
c�� co�� �-zo.� GREEN SHEE
CONTACf PERSON & PHONE INITIAVDATE INITLIL/DATE
Q DEPAfiTMEM DIflECTOR � CIT' COUNCIL
CouncSlmember Guerin Cr8670 ��x O CITY ATfOPNEY O CT' CLERK
MUST BE ON COUNCIL AGENDA BY (DAT� p���� � BUOGET DIRECTO � FlN. & MGT. SERVICES D�R.
�� ��� �Cy/� OpOEfl O MpYOR (OR ASSISTANT) �
7�
TAL # OF SIGtSATURS PAGES (CLIP ALL LOCASIONS FOH SIGNATURE)
A t�n ° or<G ° n�ance ° to limit the number of on-sale intoaicating liquor licenses, to reduce the concevtration of liquor licenses, and to limit
new licenses ontside the downtowa busiaess distnd to hotels and restaurants.
RECOMMENOATIONS: Approve (A) or qeject (R) pERSONAL SERYICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
__ PLANNMG GOMMISSION _ GNIL SERVICE CAMMISSION �- Has this personttirm ever worketl under a contract for this department?
_ CIBCAMMITfEE YES NO
_ S7AFF 2. Has this person/firm ever been a city employee?
— YES NO
_ DIS7RICT COUPi _ 3. Does this person/Firm possess a sitill noi nortnafly possessed by any curreM ciry employee?
SUPPORTS WHICH COUNCIL O&IECTIVE'+ YES NO
Explain all yes answers on separate sheet and attaeh to green sheet
INITIATfNG PROBLEM, ISSUE, OPPORTUNITY (Who. What, When, Where, Why):
An opportuniry to limit the number of bazs in azeas where there is a concentration of bus, and in residential neighborhoods,
except in the downtowa business dishid.
ADVANTAGESIFAPPROVED:
Less liquor licenses outside the downtown business district.
DISADVANTAGES IF APPROVED: ,,(�
� '�,..^'°ri,a34si5 ":FCr
None 3a��a;�,,.e YW.,v«
.i�-'6�� � �995
- �- -. -�
DISADVANTAGES IF NO7 APPROVED:
Disadvantages if not approved
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETEO (CIRCLE ONE) VES NO
FUNDING SOURCE ACTIVITV NUMBEfl
FINANCIAL INFORMATION� (EXPLAIN)
t •
City of Sairrt Paul
City Counc+l tnvestigation and Research Cerrter
Suite 310, Ciry Hall
Saint Paul, MN 55102
612 266-8564
INTER-DEPARTMENTAL MEMORANDUM
DATE: January 17, 1995
TO: Councilmember Michael Harris
FROM: Nancy A,nderson
SUBJECT: Council FIle Refened to City Operauons Committee.
The attached Council File No. 95-28 (An ordinance to limit the number of on-sale
intoxicating liquor licenses, to reduce the concentration of liquor licenses, and to limit new
licenses outside the downtown business district to hoteis and restaurants) was refened to
the City Operadons Committee at the January 11, 1995, City Council Meeting.
NA
Attachment - 1 Council File
95-28
City of Saint Paul
City Counc7 lrnestigation and Research Cerrcer
SuRe 310, Ciry Hall
Saint Paul, MN 55102
612 266-8564
tNTER-DEPARTMENTAL MEMORANDUM
DATE: 7anuary 17, 1995
TO: Councilmember Michael Harris
FROM: Nancy Anderson
SUSJECT: Council File Referred to CSty Operauons Committee.
The attached Council File No. 95-28 (An ordinance to limit the number of on-sale
intoxicating liquor licenses, to reduce the concentration of liquor licenses, and to limit new
licenses outside the downtown business district to hotels and restaurants) was referred to
the City Operations Cotnmittee at the January 11, 1995, City Council Meeting.
NA
Attachment - 1 Council File