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95-656^_ s� � — / J�Z�qSCouncil File # - 15 f �2S� Ordinance # P Green Sheet # -�(� i 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2FF 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Presented By Referred To ORDINANCE Committee: Date An ordinance to permit the sale of goods and merchandise on public sidewalks. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 �.l�nr� A new subsection (c) shall be added to Section 106.01 of the Saint Paul I.egislative Code to read as follows: "Sec. 106.01. Obstruction. (a) Encumbrances or obstnictions prohibited. No person shall encumber or obstruct any sidewalk, lane, alley, public ground, public landing, wharf or pier, or other public place by placing thereon or therein any building materials, carriages, carts, wagons, sleighs, boxes, lumber, firewood, posts, awiung or any other materials or substance whatever. « * . 1�3 �-s-95 qS—��� �- �`'�F�J 9� �� �-�s �,...� _.......,.0 ....�._.,:::.<.:�,.:ri,.::-;: -,. � .:.>....._ .::. .�_ ,. .: ::.;:.,,.:: :. �,� , . ��rs�t��,. ���r�r�es, a�fr��red ��r�h� ��b�� �zr���4� � a��:��: Section 2 q S�( S C Section 106.09 of the Saint Paul L.egislative Code is hereby amended to read as �` ��� follows: "Sec. 106.09. Merchandise, sale. ����ee�='�""�'.:���-�i'�e�i�;��36:��::e: H��u� no person or persons shall lace, -..:-.�:: _k�.._.,,�.....�>„>�,.��-.;,.>� <,..:.4_.»_...,....«......�.�.,......,....:.. P or suffer to be placed, upon any sidewalk in the City of Saint Paul, any goods, wares or merchandise, for sale or show, beyond the front line of the lot where such goods may be so e�osed." Section 3 Section 106.11 of the Saint Paul Legislative Code is hereby amended to read as follows: "Sec. 106.11. Receiving or delivering merchandise. Y��i�>�;.�ii��#��G�IZ�;����:o�'(�ti�kl��):���� no person or persons receiving or delivering goods, wares or merchandise in the City of Saint Paul sha11 place or keep upon, or suffer to be placed or kept upon, any sidewalk any goods, wares or merchandise which he or they may be receiving or delivering without leaving a passageway cleaz upon such sidewalk where such goods may be of four (4) feet wide for the use of pedestrians; and no person or persons receiving or delivering such goods sha11 su£fer the same to remain on such sidewalk (subject, nevertheless, to the foregoing restrictions) for a longer perio� than twenty-four (24) hours." nm rnr mn AUG - 51995 Section 4 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication; provided, however, that this ordinance shall sunset on December 31, 1997, and thereafter shall be of no further force and effect. Requested by Department of: B AppY By: By: Form Approved by City Attorney BY: �' � � 7' ° J - 9�j Approved by Mayor for Submission to Council By: Adopted by Council: Date ` � �s Adoption Certified by Counci S retary q.S Ls b DEPARTMENT/OFFICHCOUNCIL �ATE INITIATED 1 V� 2 9 2 61 CityCouncil 6-1495 GREEN SHEE ' INITfAUDATE fkITIAVDATE CONTACT PERSON & PHONE � DEPARTMENT DIRECTOR O pTV COUNCIL CAUllC1�IDCID1leL�CC1�21Y13��30� ASSIGN O CITYATTORNEY � CITYCLEFK MUST BE ON COUNCIL AGENDA BV (DATE) NUYBER FOH � BU�GET DIflECTOR O FIN. & MGT. SERVICES Diq. HOUTING OIiDER O MpyOfl (OR ASSISTAIV'n Q TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) - ACTION REQUESTED: - An ordinance to permit the sale of goods and merchandise on public sidewalks. FECOMMENOATfONS: Approve (A) or Re�ect (R) PERSONAL SERVICE CONTRACTS MUST ANSWEfi THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ GVIL SERVICE GOMMISS�ON �� Has thi5 persoNfirm ever worked under a contrect for this departmenY? _ CiB COMMITfEE YES NO _ STAFF 2. Has this person/firm ever been a city employee? — YES NO _ Di57RICrCqURr _ 3. Does this person/firm possess a skill not normally possessed by any Current ciry employee? SUPPONTS WHICH COUNqL OeJECTIVE4 YES NO Explein all yes enswers on separete sheet and attach to green sheet IN171ATING PROBLEM, ISSUE, OPPORTUNITV (Wlro. What, Whan. Where, Wh� Current law dces not allow for sidewalk sales. ADVANTAGESIFAPPROVED Sidewalk sales will be able to be held for various neighborhood/business events, and will be in accordance with the city's policies. This will also give the cale erdorcement inspectors cle� direction regarding the regulations for such sales. DISAOVANTAGES IF APPROVED: None. DISAWANTAGESIFNOTAPPROVED , Sidewalk sales will continue to be held in violation of the current law. TOTAI AMOUNT OF THANSACTION $ COSi/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDIWG SOUHCE ACTIVI7Y NUMBER FINANCIAL INFORMATION (EXPLAIN) Council File # Ordinance # Green Sheet # Presented By Referred To Co�ittee : An ordinance to permit the sale of goods and merchandise on public sidewalks. THE COUNCII, OF 'THE CITY OF SAINT PAUL DOES Section 1 A new subsection (c) shall be added to Sectio�106.01 of the 5aint Paul Legislative Code to read as £ollows: / "Sec. 106.01. Obstruction. (a) Encumbrances or obstrucrions proh' ited No person shall encumber or obstruct any sidewalk, lane, alley, public ground, pu 'c landing, wharf or pier, or other public place by placing thereon or therein any b ding materials, carriages, carts, wagons, sleighs, boxes, lumber, firewood, posts, 'ng or any other materials or substance whatever. x s s ORDINAi�CE CITY OF SL�INT PAUL, MINNESOTA � 1�3 �-q-�y 9s�s� �3 �-9-�'s section 2 9S- 65� 5ection 106.09 of the Saint Paul Legislarive Code is hereby amended to read as follows: "Sec. 105.69. Merchandise, sale. � -���. �.-r�w.... 3 . � � x`" ' no rson or ersons shall ace, �-�:���>�;�.�.; ��.:�����..:�::,.: Y ' �. � Pe P or suffer to be placed, upon any sidewalk in the City of Saint Paul, any goods, w es or merchandise, for sale or show, beyond the front line of the lot where such goo may be so exposed" Section 3 Section 106.11 of the Saint Paul Legislative Code is hereby follows: "Sec. 106.11. Receiving ar delivering merchandise. to read as ... .�s: a: xs.:'vs.-.x..-.-a. r a � ' � � � � ': • " ' no e on or ersons receivin or � :..a,...�'���.r.o: �>:.,:4:<:....<.:':.. t " . ` P P S .....o v�..�„ � rn�.,:n .�. .o�a,. .c:.,;...:...a.<:,; x:<m; <. delivering goods, wazes or merchandise in the City of S' Paul shall place or keep upon, or suffer to be placed or kept upon, any sidewalk y goods, wares or merchandise wluch he or they may be receiving or delivering witho leaving a passageway clear upon such sidewalk where such goods may be of four (4) f et wide for the use of pedestrians; and no person or persons receiving or delivering su goods shall suffer the same to remain on such sidewalk (subject, nevertheless, to e foregoing restrictions) for a longer period than twenty-four (24) hours." 4 This ordinance shall take effect �d be in force thirty (30) days following its passage, approval and publication. Requested by Department of: B Adopted by Council: Adoption Certified by B Approved by Mayor Foxm Ap oved by City Attorney Secretary g � c�, � �i�'7�7,5 Date Approved by Mayor for Submission to Council By: / By' 4 �i:v o ' O { m � M(CHAELJ. HARRIS CouacHmember MEMORANDI3M CITY OF �.S�AIIVT PAUL O�FICE OF THE CZTY COUNCIL TO: Council President Dave Thune City Councilmembers FROM: Councilmember Mike Harris� I� DATE: Sidewalk Sale Ordinance Tune 13, 1995 9.��s� I will be bringing the attached ordinance in under suspension at the City Council meeting on Wednesday, June 14. The change is to the Legislative Code, Chapter 106, adding a new subsectaon 106.01(c) regarding obstructions, giving retail businesses the ability to use the sidewalk when there is advance written notice to the director of License, Inspections and Environmental Protection. Cunently, the law does not allow for this type of sale, but as we all Irnow, such sales occur frequently in the summer months and are a vital part of many neighborhood events. I would appreciate your support for this code change. If you have any questions, please give me a call. Attachment c: CITY HALL Pam Wheelock, Mayor's Office Nancy Anderson, Council Research THIRA FLOOR SAINT PAUL, MiNNESOTA 55102 612/266-8630 Sa�46 Prinfed on Recyded Paper qs_�s� Interdepartmental Memorandum CITY OF SAINT PAUL DATE: June 9, 1995 TO: Mike Harris FROM: Phil Byrne� RE: Sidewalk Sale Ordinance You requested an ordinance to allow the sale of inerchandise on public sidewalks, using the sidewalk cafe exemption language as a model. The attached draft does that. I am not sure that this is what you had in mind, so you might want to go over it to see that it complies with what you had in mind. I put in a very clear insurance requirement, so that the City is protected as best we can from additional liability exposure. As you know, falls and accidents on public sidewalks are a constant source of claims and litigation against the City, and this ordinance might increase that exposure. Enforcement is in the license office as you requested. I made the provisions allowing the license office to add conditions or withdraw approval for sidewalk sales a little more detailed. That office would need to formulate policies on when and under what circumstances they would use that power to avoid claims of discrimination and arbitrariness. The Council could, of course, provide its own standards and criteria in this ordinance, and/or possible conditions, depending upon how much detail you want to get into in doinq that. If you have any questions about the draft, please call. I would be happy to go over it with you, or make such changes as you want. cc: Tim Marx