95-656^_
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Ordinance #
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Green Sheet # -�(� i
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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.
« * .
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�,� , . ��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�
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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.
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� � x`" ' no rson or ersons shall ace,
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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
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' � � � � ': • " ' no e on or ersons receivin or
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.....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