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95-795L � Q R 1 G l N A L Council File # Oxdinance # Green Sheet # � /���" ORDINANCE CITY OF SAII�T PAUL, MINNESOTA G7 � _ � , Presented By Re£eYred To / Committee: Date An ordinance to allow restaurants in commercial development districts to allow the sale and service of alcoholic beverages in sidewalk cafes. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 106.01 of the Saint Paul Legislative Code is hereby amended to read as follows: "Chapter 106. Restrictions on ilse of 5idewalks, Streets, etc. Sec. 106.01. Obstruction. (a) Encumbrances or obstructions 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, awning or any other materials or substance whatever. (b) Sidewalk cafe ezemption. Any food establishment which operates a restaurant and is licensed under Chapter 331 of the L,egislative Code may, with notice to the license inspector, eapand the operation of that restaurant onto a part, and only that part, of the public sidewalk which immediately adjoins the licensed premises (hereafter referred to as "sidewalk cafe"). The following restrictions shall apply; provided, however, that the license inspector may without adverse hearing procedures impose additional reasonable restrictions or withdraw approval upon the operation of any sidewalk cafe where necessary in the judgement of tbe license inspector to protect the public health, safety or welfare or to prevent a nuisance from developing or continuing: (1) No sidewalk cafe shall be pemutted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of thirty-sis (36) inches must be maintained on the public sidewalk at all times. (2) No tables, chairs or any other furnishings, except plant tubs, shall be placed in the azea used for the sidewalk cafe during any period when the sidewalk {� 7-1�-g5 `a 6 7 8 9 10 11 12 13 14 15 16 17 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 43 44 45 46 47 48 49 50 cafe is not open and being operated. While such cafe is in operation, all tables and chairs shall be kent in a clean. sanitarv condition. 9s ��� (3} The use of a portion of the public sidewalk as a sidewaik cafe shall not he an exclusive use. All public improvements, including but not limited to, trees, light poles, traffic signals, pull boxes or manholes, or any public- initiated maintenance procedures, shall take precedence over said use of the public sidewalk at all times. (4) No alcoholic beverages shall be allowed in the sidewalk cafe at any time. Such activity is govemed by subsection 409.06(e)(2) of this Legislative Code. Notwithstanding the foregoing, the sale and service of alcoholic ..... ,.:..,,:,:..r .. ..... ....:....- beverages bY a food establishment �t��dtet�:>i�:�:a`:��2�;e�'���;:#���1�zRZ?�e�i� as a restaurant �7 Chapter 331 of the I.egslative Code and which is in compliance with the provisions of this section, is pemutted. The downtown business district is defined in subsection (8) below. The licenseholder shall, in addition to all other requirements of law, take reasonable steps to insure that alcoholic beverages are consumed only by patrons of the establishment who aze of age, and not by passersby or persons who are not of age or who are obviously intoxicated. Reasonable steps may include the use of barriers or fences, supervision of the outside area by security or staff personnel, and/or surveillance by electronic monitors. Failure to take such reasonable steps and use them at all times that alcoholic beverages are consumed in the sidewalk cafe is grounds for the imposition by the city councIl of a condition on the license to prohibit sale of alcoholic beverages in the sidewalk cafe, and such condition shall not be deemed to be an adverse action against the license, and does not require the notice and hearing procedures of section 310.05 of the Legislative Code. Such sidewalk cafes aze deemed part of the licensed premises for all requirements of the law. (5) As part of a sidewalk cafe, no plant tub shall be located or maintained: a. b. c. Without the approval of the director of public works; In any a11ey; At any location where the distance from the face of the curb to the inside sidewalk is less than eight (8) feet; d. At any location less than fifty (SO) feet from the nearest point of intersection with a street, except eighty (80) feet in bus loading areas, unless the director of public works shall approve; e. f. Any closer than ten (10) inches from the face of the curb; and At any location which, in the opinion of the director of public works, interferes with pedestrian traffic. 2 � `1�t3-s,z 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 43 44 45 46 47 48 49 50 51 (6) It shall be the duty of the licensed food establishment to maintain each � � plant tub at all times in a safe condition at its proper location and to inspect each such tub periodically in order that it may be properly maintained. Trees or plants and their tubs shall at all times be kept in a neat, clean and presentable condition. No advertising matter or sign or writing of any ldnd shall be displayed upon any tree or plant or its tub. (7) No sidewalk cafe exempuon shall be effective unless the licensee has �iled with the license and permit division evidence of insurance insuring the licensee against liability imposed by law arising out of the ownership, maintenance or operation of such sidewalk cafe in an amount to be established by the cit�s risk manager. The city shall be named an addifional insured in tl�e policy, providing such insurance and such policy shall further provide that it may not be canceled except upon ten (10) or more day's written notice filed with the license and pernut division. (8) For purposes of subsection (4) above, the downtown business district is that portion of the City of Saint Paul lying within and bounded by the following streets: Beginning at the intersection of Shepard Road with Chestnut Street, Chestnut Street to , �r� �uoti., c.. e. ,., c.. :. n, a, :. n< �TL��'T`S�3'L� , ", �z:eet'��;3; to Tenth Street, Tenth Street to .s�,.>�,.. Interstate Freeway 94, Interstate Freeway 94 to L,afayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road to Shenard Road, Shenard Road to Chestnut Street. Section 2 Section 409.06(e) of the Saint Paul Legislative Code is hereby amended to read as follows: "(e) Premises of license. No on-sale or off-sale license 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 permit sales of liquor with meals in addiYional dining rooms open to the public and specified in the license if ineals are regularly served to guests therein. If ineals are regularly served to guests in guest rooms in any such hotel, 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 apply to a hotel duly licensed to sell on another floor as in this section provided; and provided further, that a licensee sha11 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 shall set forth the exact location within the building structure where such sales may be made and no sale shall be permitted except in that part of the premises de�ned in the license, except as provided in the following subsections (1) through (8): (i) The council may, by resolution, permit any licensee to sell or serve intoxicating liquors in areas outside the building structure which are immediately adjacent to and contiguous with the structure containing the 3 �� 7� t�• �!� 95 �9s 2 3 4 5 6 7 10 11 12 13 14 15 16 17 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 43 44 45 46 47 48 49 50 51 licensed premises. Such outside service azeas shall be seasonal, and shall not involve an enlargement of the building structure. Such permission shall not be granted unless all the condirions of subsections (1) through (8) and all pertinent provisions of the zoning code are satisfied. (2) 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 ninety (90) percent of the owners and tenants of all private residences, dwellings and apartmeni 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 properiy 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 measurements sha11 be determined from the nearest comer of the building in which the licensed preuuses is located to the property line of the residential nses. (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. (4) 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 traf£ic. (5) No outside service azea shall be located on public property or upon any street, alley or sidewalk, nor shall such outside service areas hinder or obstruct vehicular or pedestrian traffic on any street, alley or sidewalk. Notwithstanding the foregoing, the sale and service of alcoholic beverages within a sidewalk cafe by a food establishment Xpc�tett;��z: �"�t�ri'i��� c�r�.At�-�t�� m me oowntown ousiness aismct, wmcn is ucensea as a restaurant under Chapter 331 of the L.egislative Code and which is in compliance with the provisions of section 106.01 of the I.egislative Code, is permitted. (6) The council may deny any application for an outside service area where it has reason to believe, or may revoke its pemussion 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; c. Offensive, obno}uous or disturbing odors; 0 /�$t3 �`��`95 2 3 4 5 6 7 10 11 12 13 14 15 16 17 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 43 44 45 46 47 48 49 50 51 ��) � e. £ Excessive litter; Fxcessive artificial lighting; Substantial decrease in ad}o inino property values; or g. Any other condition inconsistent with the reasonable use and enjoyment of adjoining property and inconsistent with the health, safety, morals and general welfaze of the adjoining neighbozs or community. �s-��s Permission to sell and serve intoxicating liquor in or upon any outside service area 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 informauon need not be received under oath, but must reasonably satisfy the council as to the existence o£ 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 pemut, so long as the licensee and any complaining parties have an opportunity to be heard. (8) 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�cating liquor, including, without limitation by reason of this specification, all applicable regulations contained in sections 409.08 and 409.09 of this chapter. Section 3 Chapter 245 of the Saint Paul Legislative Code is hereby amended to read as follows: "Chapter 245. Drinking in Public Sec. 245.01. Drinking in public prohibited. No person shall drink intoxicating liquors in any place open to the public within the City of Saint Paul, nor shall the proprietor or manager of any such public place, if such public place is a building structure, pemut such drinking upon lus premises. Sec. 245.02. Exceptions. This chapter sha11 not be considered as prohibiting the drinldng of into�ucating liquors in a building structure open to the public, if such building is one within which sales of into�ucating liquors for consumption on the premises where sold are pernritted by duly licensed persons under the ordinances of this city; provided, however, that drinldng in such a building shall be pemutted only in that portion of the building constituting the licensed premises, and only within the hours when sales of intoxicating liquors are pemutted and for a period of one-half bour thereafter. Notwithstanding the prohibitions of section 245A1, the sale and {�3 7-r3-� 1 service of alcoholic beverages within a sidewalk cafe by a food establishment 2 ;•z.�y: x. ^.v. •'/;:;?....i:..,.. .��'��,��5ek,�`v � •g"y'; 2 o .�e. , , � ..,..,. „� , , . .,.� ..: _,_ v ..r.. l .... ... 3 � ;��,'�;"#�,��t�i� in the downtown bustness distnct, which is lice �� . , .„ � ,,;:. <.,,�;:.::..._,<..,...__,::.,.:,,.... :...,� ;.:..,.. ......:....... 4 as a restaurant under Chapter 331 of the Legislative Code and which is in 5 compliance with the provisions of section 106.01 of the Legislative Code, is 6 permitted. Sec. 245.03. Definition of liquo�>#���r�it�»�it;:t��i�ibe�sr�t'�'. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2A 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 � �� For the purpose of ttris chapter, "intoacicating liquor" is hereby defined to mean and include ethyl alcohol and any distilled, fermented, spirituous, vinous or malt liquid of any kind, potable as a beverage, which liquid contains an alcoholic content in excess of three and two-tenths (3.2) percent thereof by weight. Sec. 245.04. Exceptions for annual festivals. (a) Taste of lYfinnesota Festivat. No person shall have in his possession or drink intoaucating liquor, nonintmcicating malt liquor or wine at the State Capitol or on its surrounding proparty at the annual Taste of Minnesota Festival held for the purpose of commemorating the Fourth of July holiday. This prohibition shall not be applicable to nonintoacicating malt liquor or wine purchased and consumed on the Capitol grounds from a duly licensed on-sale establishment. (b) Riverfest Festival. No person shall have in his possession or drink intozzicating liquor, noninto�dcating malt liquor or wine at Harriet Island or on its surrounding property at the annual Riverfest Festival or annual summer festival held on Harriet Island or on its surrounding property. This prohibition shall not be applicable to nonintoacicating malt liquor or wine purchased and consumed on the Harriet Island grounds or surrounding property from a duly licensed on-sale establishment. Section 4 Chapter 246 of the Saint Paul L,egislative Code is hereby amended to read as follows: Chapter 246. Drinking on Streets and in Parks Sec. 246.01. Drinking on streets and in parks. No person shall upon the public streets, lanes or alleys of the city, or in any park, playground or recreation center owned by or under the jurisdiction or �7�r3��i55 3 4 10 11 12 13 14 15 16 17 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 43 44 45 46 47 48 49 50 51 control of the CYty of Saint Paul or in any pazking lot oz area within or adjacent ���'� to such park, playground or recreation center, or being a trespasser upon the private premises of another, drink or have in his/her possession in an opened container any intoxicating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any ldnd whatever. No person shall in any park, playground or recreaUon center owned by or under the jurisdiction or control of the City of Saint Paul or in any parldng lot or parking azea within or adjacent to such pazk, playground or recreation center, or being a trespasser upon the private premises of another, have in his possession any intoxicating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any ldnd whatever. No person shall have in his possession any into�cating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever upon any public street, lane or alley located within the boundaries of such a pazk, playground or recreation center; provided, however, that it shall be an affirmative defense that possession was for the purpose of transportation of such liquor or beverage through the pazk, playground or recreation center or to a designated shelter, facility or azea as provided herein, and where such liquor or beverage is in an unopened container. Notwithstanding the foregoing, any person may, from 8:00 a.m, to 8:Q0 p.m., within gicnic shelters, facilities or areas within any park, playground or recreation center, which are designated for that purpose by the d'uector of the department of community services or his delegate, drink or have in possession nonintoaricating malt liquor. Notwithstanding any other provision of this chapter, the director of the department of community services or his delegate may issue perurits for the consumption of into�cating liquor in Town Square Pazk and Phalen Park Clubhouse during hours in which the sale of liquor by the drink is permitted by state law. All permits shall be subject to regulations which have been proposed by the director of the department of community services and approved by the city council. Copies of the regulations sha11 be on file in the offices of the city clerk, director of the department of community services, and the superintendent of parks and recreation. Such regulations may be amended by the council by resolution. Sec. 246.02. Seizure and impoundment. All into�cating liquor, intoxicating or noninto�cating malt liquor, or alcoholic beverages, drunk or possessed in violation of this chapter shall be seized and impounded as evidence of said violations. Such evidence shall be destroyed by the department of police upon a plea or finding of guilty in regard to any of said violations. Sec. 246.03. Not applicable on licensed premises. This chapter shall not apply to or prohibit the sa1e, possession or consumption of such liquors or beverages on the premises of any establishment properly licensed under Chapter 409 or Chapter 410 of the Saint Paul L,egislative Code. I3otwithstanding the prohibitions of section 246A1, the sale and service of alcoholic beverages within a sidewalk cafe by a food establishment 1q�ate�`:�!"� downtown business district, which is licensed as a 7 � ?-�3•�" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 43 44 45 46 47 48 44 50 51 restaurant under Chapter 331 of the I.egislative Code and which is in compliance with the provisions of section 106.01 of the Legislative Code, is pemutted. Sec. 246.04. Designation of permitted shelters, facilities and areas. 'The director of the department of community services shall promulgate, by filing with the city clerk, a list or description of the picnic shelters, park faciliries or park areas within which the possession and consumption of nonintoxicating malt liquor is permitted by this chapter between the hours of 8:00 a.m. and 8:00 p.m., together with such maps or illustrations as may assist the public to comply with this chapter. The director shall also direct that appropriate signs be erected at locations in which the consumption and possession of noninto�cating malt liquor is permitted. It shall not be a defense to a charge of violation of this chapter that such informational signs, maps or illustrations are defaced or removed from the shelters or facilities designated, so long as the list required by this section has been filed with the city clerk. Sec. 246.05. No consumption at any time in certain parks. The director of the department of community services shall not have the power to designate any shelter, facility or place within Hidden Fa11s Park or Crosby Lake Park for pemutted possession or consumption of noninto�cating malt liquor. No person sha11 at any time consume or possess any into�cating liquor, into�cating or nonintoa�icating malt liquor, or aicoholic beverage of any kind in Hidden Falls Park or C`rosby L.ake Park. Sec. 246.06. Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: (1) The term "intoxicating liquor" and the term "intoxicating malt liquor" mean and include ethyl alcohol, distilled, fermented, spirituous, vinous or malt beverages containing in excess of three and two-tenths (3.2) percent of alcohol by weight or containing in excess of four (4.0) percent alcohol by volume. (2) The term "nonintoxicating malt liquor" means and includes any malt liquor containing not less than one-half of one percent (1/2 of 1%) of alcohol by volume nor more than three and two-tenths (3.2) percent of alcohol by weight. (3) The term "alcoholic beverage" means and includes any beverage containing ethyl alcohol in any quantity or amount. �s �� �j ��t3-�',,-' � 2 3 4 5 6 7 $ 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 q�s-7�s Section 5 Section 409.02 of the Saint Paul Legislative Code is hereby amended by adding the following new definition of 'Downtown business district" after the definition of "Club." Section 6 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. n € � ; �':� ��. , f_ PIIRI ISHFfl AUG 26 1995 Requested by Department of: s APi By By: �J�,�.� � {�- ����� Adopted by Council: Date Adoption Certified by Council ecretary Form Approved by City Attorney �5-��.� DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N� 2 9 9 0 c��co,� �n9�s GREEN SHEE � INRIAVDATE INRIAVDATE CONTACT PERSON & PHONE O OEPARTMENT DIRECTOR � CITY CAUNCIL JCR'yB18kCS'2(�-8()]0 A5516N OCITYATTORNEV �CITYCLEFK MUST BE ON CAUNCIL AGENDA BY (DATE) ROIRING O BU�GET OIPECTOR O FlN. & MGT. SERVICES DIR. ORUER � MpYOR (OR ASSI5TANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION PEQUESTED: . Amend the legislalive code to allow xestaurants m commereial development distdct the sale and service of alcoholic bevecages in sidewalk cafes. RECOMMEN�ATIONS: Approve (A) ar Rejecf (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this perSO�Rirm ever worked untler a contrect for ihis tlepartment? _ CIB COMMITfEE YES NO _ S7AFF 2. Has this personRirm ever been a city employee? — VES NO _ DISTRiCT COUar _ 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? SUPPORTS WHICM COUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet and attaeh to green sheet INITIATING PROBLEM, ISSUE.OPPORTUNITY (Who, What, When, Where. Why�: Development of sidewalk cafes was limited w the downtown area ADVANTAGES IFAPPROVED. Restaurants in the commercial development dish�icts will be able to e�cpmmd their scope of business. �ISADVAMTAGES IF APPpOVED. None. JUL 1 3 1995 DISAOVANTAGES IF NOTAPPROVED� Business will be reshicted in commercial development areas. TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDfidG SOURCE ACTIVITY NUMBEH FINANCIAL INFOR6qATION: (EXPLAIN)