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97-601�L ORiG4NAL Presented By Referred To Committee: Date An ordinance to expand the boundaries of the Downtown Business District to allow the sale and service of alcoholic beverages withiu a sidewalk cafe on the Public Dock at Harriet Island THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Chapter 106 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 106.01. Obstruction. (a) Encumbrances or obstructions prohibited. No person sha11 encuxnber 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 ar any other materials or substance whatever. (b) Sidewalk cafe exemption. Any food establishment which operates a restaurant and is licensed under Chapter 331 of the Legislative Code may, with nodce to the license inspector, expand the operation of that restaurant onto a part, and only that part, of the public sidewalk �r;'".. li�;��..�� which immediately adjoins the licensed premises ,..,.. �.�.:.:....:.. (hereafter referred to as"aidewalk cafe"). The following restrictions shall apply; provided, however, that the license inspector may witY�out adverse hearing procedures unpose additional reasonable restrictions or withdraw approval upon the operation of any sidewalk cafe where necessary in the judgement of the license inspectar to protect the public health, safety or welfare or to prevent a nuisance from developing or continuing: (1) No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obshucted. A minunum cleazance width of thirty-six (36) inches must be maintained on the public sidewalk at all times. ��b S'�` ,� �,�,� �� Council File # l� — lo � 1 � � y � � � ordinance # Green Sheet # �S � � % � ORDINANCE � I O AINT PAUL, MINNESOTA 3�' (2) No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, a11 tables and chairs sha11 be kept in a clean, sanitary condition. S �bs �-e. 1 (3) The use of a portion of the public sidewalk as a sidewallc cafe shall not be an 2 exclusive use. All gublic imgrovements, including but not lnnited to, trees, light oles traffic signals ull boxes or manholes or an ublic-initiated c(�(�� j,0� �R1G1�lAL , >P , YP Ct�l maiutenance procedures, shall take precedence over said use of the public 5 sidewalk at all times. 6 7 (4) No alcoholic beverages shall be allowed in the sidewalk cafe at any time. Such 8 acriviTy is govemed by subsection 409.06(e)(2) of this Legislative Code. 9 NotwitUstanding the foregoing, the sale and service of alcoholic beverages by a 10 food establishment located in a commercial development district created 11 pursuant to section 17.07.1 of the City Charter or located in the downtown 12 business district, which is licensed as a restautant under Chapter 331 of the 13 Legislative Code and which is in compliance with the provisions of this section, 14 is permitted. The downtown business district is defined in subsection (8) below. 15 The licenseholder shall, in addition to all other requirements of law, take 16 reasonable steps to insure that alcoholic beverages aze consumed only by 17 patrons of the establishment who are of age, and not by passersby or persons 18 who are not of age or who aze obviously intoxicated. Reasonable steps may 19 include the use of barriers or fences, supervision of the outside area by security 20 or staff personnel, and/or surveillance by electronic monitors. Failure to take 21 such reasonable steps and use them at all tnnes that alcoholic beverages are 22 consumed in the sidewalk cafe is grounds for the nnposition by the city council 23 of a condition on the license to prohibit sale of alcoholic beverages in the 24 sidewalk cafe, and such condition shall not be deemed to be an adverse action 25 against the license, and does not require the notice and hearing procedures of 26 section 310.05 of the Legislafive Code. Such sidewalk cafes are deemed part of 27 the licensed premises for a11 requirements of the law. 28 29 (5) As part af a sidewallc cafe, no plant tub shall be located or maintained: 30 31 a. Without the approval of the director of public works; 32 33 b. In any alley; 34 35 c. At any location where the distance from the face of the curb to the 36 inside sidewalk is less than eight (8) feet; 37 38 d. At any location less than fifty (50) feet from the nearest point of 39 intersection with a street, except eighty (80) feet in bus loading areas, 40 unless the director of public works shall approve; 41 42 e. Any closer than ten (10) inches from the face of the curb; and 43 44 f. At any location which, in the opinion of the director of public works, 45 interferes with pedestrian traffic. 46 47 (6) It shall be the duty of the licensed food establishment to maintain each plant 48 tub at all tunes in a safe condition at its proper location and to inspect each 49 such tub periodically in order that it may be properly maintained. Trees or 50 plants and their tubs shall at all times be kept in a neat, clean and presentable 51 condition. No advertising matter or sign or writing of any kind shall be 52 displayed upon any tree or plant or its tub. � �.b �; �--�..��. G ( � � �'7 1 2 3 �'I ;I'v� 6 7 8 9 10 11 12 13 14 15 16 17 1& 19 20 21 22 23 24 25 26 27 (7) No sidewalk cafe exemption sha11 be effective unless the licensee has filed with the license and permit division evidence of insurance �n�„ring the licensee � �\ against liability nnposed by law arising out of the ownership, maintenance or al� J i operation of such sidewalk cafe in an amount to be established by the city's •' Lrisk manager. The city shall be named an additional insured in the 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 permit division �€�� ;si�� S w�� (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: Begimiing at the intersection of Shepazd Road with Chesmut Street, Chestnut Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Street, Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, 28 (c) Sidewalk sales exemption. Any person, parinership, firm or corporation ("person") 29 which operates a retail business in Saint Paul may, with advance written notice to the director 30 of the department of public works ("director"), use a limited part of the public sidewalk which 31 immediately adjoins the premises of such retail business for the display and sale of its 32 merchandise. All of the requirements and restrictions of this subsection (c) sha11 be binding 33 upon such person and upon the display and sale of inerchandise. In addirion, the director may, 34 without adverse hearing procedures, impose additional reasonable restrictions upon, ar 35 withdraw approval of, the use of any sidewalk for retail sales where necessary in his or her 36 judgment to protect the public health, safety and welfare or to prevent a nuisance from 37 developing or continuing. Withdrawal of approval may be for either a specified time or an 38 indefuute period, within which or after which no such person shall use the public sidewalk far 39 the dispiay or sale of inerchandise. 5uch additional restrictions or withdrawal of approval shall 40 be effective upon delivery of written nofice thereof to the person, or an employee of the 41 person at the business premises involved. 42 43 44 45 46 47 48 49 50 51 52 (1) The display andlor sale of inerchandise shall not be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance of at least thirty-six (36) inches must be maintained on the public sidewalk at a11 times. (2) No display racks, tables or other equipment of any kind shall be placed, or permitted to remain, on the public sidewalk during any period when merchandise is not displayed and available for purchase. While such merchandise is displayed andlar available for purchase, a11 racks, tables and other equipment sha11 be maintained in a clean and sanitary condition. 2 �� 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 (3) iG1NA� ��) (5) 5�..�o S �; e. The use of a portion of the public sidewalk for retail display or sale shall not be an exclusive use. All pubiic improvements including, but not lnnited to, trees, light poles, iraffic signals, pull boxes or manholes, or any public-initiated maintenance procedures or work, sha11 take precedence over said use of the puhlic sidewalk at all times. The merchandise and display racks, tables and equipment shall be removed from the sidewalk immediately to permit such public-inifiated maintenance procedures or work. No alcoholic beverages shall be allowed on the public sidewalk at any time. No plant tub shall be located or maintained on the public sidewalk as part of the display andJor sale of inerchandise under this subsection. (6) This subsection applies to and permits only the sale and display of inerchandise and goods, and does not permit the sa1e, display or provision of services on the public sidewalk. This subsecrion does not apply to or allow the sale and display of inerchandise and goods on public sidewalks by transient vendors or other persons who do not operate a retail business in a building on the private properry adjouring the public sidewalk where the sales and display take place. (7) No person shall sell or display merchandise, or permit the sale or display of merchandise, under this subsecrion until he or she has first obtained liability inswance or an amendment or rider to an exis6ng liability insurance policy insuring the said person and the City of Saint Paul and its officers and employees, against liability which might arise out of the display or sale of merchandise by such person upon the public sidewalk in an amount at least equal to the masimum statutoiy Iiability of the city, its officers and employees. Failure to obtain such insurance shall be grounds for adverse action against a11 licenses held by such person, and shall be a misdemeanor violation of the Saint Paul Legislarive Code. The City of Saint Paul, together with its officers and employees, shall be named as additional insureds in the said liability insurance policy, and sha11 meet a11 other requirements established by law or the city risk manager. (8) Failure to comply with the provisions of this subsection (c), or with the terms of additional restricrions by the director, or with the terms of a withdrawal of approval by the director, shall be a misdemeanor, and shall be grounds for adverse action against all licenses held by such person. Sec. 106.02. Sweegings, etc., on sidewalks. No person shall throw or deposit, or permit to be thrown ar deposited, any snow, ice, dirt, paper, filth or the sweepings of any house, store, shop or office, or any other material, other than sand or ashes used for the purpose of preventing slipperiness, on or into any sueet, sidewalk, lane, alley or public ground of the city; provided, however, that this section shall not be construed as forbidding the throwing ar depositing upon the street of snow which has fallen upon the public sidewalks. No person shall sweep, push or in any manner whatsoever deposit any sweepings of the interior of any house, store, shop or office onto the public sidewalk fronting said premises, or into the street, alley or lane abutting said walk or premises. �� q�,Lo1 2 0 ' S�C.'i�:U�: R�oving gravel, etc. � �� S"t', fi � � � / �l , � `� � � - � d � 3 4 No person shall dig, remove or catry away, or cause the same to be done, any stone, 5 earth, sand or gravel from any street, lane, alley or public ground within the City of Saint 6 Paul. 7 8 5ec. 106.04. Repair of wagons, etc. 9 10 No person shall suffer any carriage, wagon, cart, sleigh or sled, for the purpose of 11 being repaired, or for any other pwpose, to remain or stand in any street or lane, for more 12 than one hour. 13 14 Sec. 106.05. Throwing stones, etc. 15 16 It shall not be lawful for any person to throw stones or other missiles on any street, 17 lane or alley within the lunits of the city; nor for any person to shoot arrows or coast with 18 sleds on any of the public streets. 19 20 Sec. 106.06. Sliding and coursing. 21 22 No person shall slide or course upon hand sleds, skates or in any other manner, in ar 23 upon any sidewalk, street, lane, alley or public ground in said city. 24 25 Sec. 106.07. Injuring streets, etc. 26 = 27 i3o person shall make any drain, ditch or bridge across any street, lane, alley or public 28 ground in said city, so as to injure the same or obstruct its passage. 29 30 Sec. 106.08. Buildings on. 31 32 No person shall build or place any building, in whole or in part, upon any street, a11ey, 33 sidewalk or other public ground within the City of Saint Paul. 34 35 Sec. 106.09. Merchandise, sale. 36 37 Except as provided in section 106.01(c) above, no person or persons shall place, or 38 suffer to be placed, upon any sidewallc in the City of Saint Paul, any goods, wares or 39 merchandise, for sale or show, beyond the front line of the lot where such goods may be so 40 exposed. 41 42 Sec. 106.10. Rubbish, etc. 43 44 No person shall pile, deposit or place, or cause or pernut to be deposited, piled or 45 placed, any rubbish, wood, coal or merchandise, dirt, impediment or obstruction of any ldnd, 46 upon or over any sidewalk or crossing in said city, nor to occupy or obstruct any sidewalk or 47 crossing, so as to interfere with the convenient use of the same by all passengers. 48 49 Sec. 106.11. Receiving ar delivering merchandise. 50 51 Except as provided in section 106.01(c) above, no person or persons receiving or 52 delivering goods, wares or merchandise in the City of Saint Paul shall place ar keep upon, or �� 10 11 12 13 14 15 16 17 18 19 20 21 22 �� Z,�� u�uuuu��d Drrpir�utn JU� 19 i99T. Requested by Department of: BY: ��s�(il Y�r Eorm Approved by City orney By: (/ ��'�-C <c�r By '� �� 4b ��f �� S u.b 5�- ;-�k� � I� l a � �t �- c�o � r a or kept upon, any sidewalk any goods, wazes or merchandise which he or they may be receiving or delivering without leaving a passageway clear 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 sball suffer the same to remain on such sidewalk (subject, nevertheless, to the foregoing restrictions) for a longer period than twenty-four (24) hours. Sec. 106.12. Auctions. No person or persons shall sell or attempt to sell, or shall cry for sale at public auction, in the City of Saint Pau1 any goods, chattels or personal properiy whatever to any person or persons upon the sidewalks ar streets within the city so as to collect a crowd upon the sidewalks and streets, whereby the free passage thereof to any person or persons is prevented or hindered. This section shall include licensed aucrioneers of the city. And it is hereby made the express duty of the chief of police, and a11 police officers of said city, to cause the strict observance of this and all other ordivauces relative to the obstrucrion of sidewalks and streets within said city. Secrion 2 This ordinance sha11 take effect and be in force thirry (30) days following its passage, approval and publication. Approved by Mayor: By: Approved // b��y '' ��Mayor for Submission to D��te � Z`y Council i )"'Wi, ��V �� I � By. ��Y Adopted by Council: Date q'""� Adoption Certified by Council Secretary OFFICE OF LIEP Date° GREEN SHEET May 12, 1997 N° 19l �� PAATMENT DZREC40R ITY COUNCIL ITY ATTORNEY ITY CLERK ust be 011 Council Agenda by : ODGET DIRECTOR IN. 6 MGT. SVC. DIR. $�7 YOR iOR ASSISTANT) OTAL � OF SIGNATIIRE PAGSS 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQIIESTED: An ordinance to amend chapter 106 of the Saint Paul egislative Code to expand the boundaries of the Downtown-BUSiness Uistrict to allaw sale and service of alcoholic'beverages in sidewalk cafes on Harriet sland. COf4�]ENDATIONS: APPROVE �A) OR REJECT lR) ONAL SBR7ICS C�NTRACTS 1�ST AtiSWEB 'PBf! F�LL09PffiG: PLANNING COhA7ISSION CIVII. SERVICE COMMISSION 1. Has the person/firm ever worked under a contract for this department? CIB COMMITTEE BUSINESS REVIEW COUNCIL YES NO STAFF _ Has tnis personjfixm ever been a City employee2 DISTRICT CWRT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COUNCIL OBJECTIVE? Current City employee7 YES NO laln all Y€S anawaxs on a sepaxata aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): he Downtown Business District currently does not enaompass Harriet Island. DVANTAGES IF APPROVED: Saint Paul will improve the business environment and may attract more people owntown by allowing licensed establishments to sell and serve alcoholic everages at sidewalk cafes on Harriet Island. ISADVAPITAGES IF APPROVED: one ISADVANTAGES IF NOT APPROVED: Saint Paul will not improve the business environment and may not attract as any people downtown by allowing licensed establishments to sell and serve alcoholic beverages at sidewalk cafes on Harriet Island. OTAL AMOUNT OF TRANSACTION � COST/REVENUE BUDGETED YES NO FUNDII3G SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) ^'34:'^ T+5$ _ _ _ . — . �de54 h e . _, . a _ ,... a.� : . . . . ry 2�{�; �is.' 3 S ry i�d.}( __._ __'. . ____�.,.a 0 ¢': . � ..� ''� �� c : � � ��'• � , > "� \�� i � � � q�i ��'� � � -�, � � �� N� z � �.,� ° U 3 � �--�-� c I O w � � � O Q a� � � � Z L V i �- o�-�, �z_ I N S-4 � ~ U I uj : �-� � � w 5'+ �--�"..'1 �_ < c : .. .,� ,--� ,_._., c� `" �: 6 � � S� � c � -, �y � ' �� " : � � � �'-+ �- r�r >, ri �' 1J � F 4 _ u I �' � �i �--� U = - a C � , ' �!:�: � X � �� ':".. - - , ., � � ul N i , �� W Wm� � � � "•,\• � . H � O p �� , \ ,� �'� a H �s � o z � r , o � � ,� � � � � o � - D ' ; . \ p � a � � �° ., -_ >-.0 �� ° C:, F .' � � � / � '� � ��/ \s� O z O o ; -..� � = P �� '�/�� vy " p � r' / � �°ro� � � o a c :�� .i� � � a ¢ � ° zo _" ' - , �. ,� i / N c� ` v' { J l( X \� ` z F L�_.c � �. _"� �� . o -- �� . � ., � . �" j� � .'`'� .�� ` ` '.�..`��s ' �` � 00 x s�z .�� a� -, e �� /`� � , Q � > ��\� • . ,\ � 'p �'' °�/.. � U Q � � �: \ - � , �, � ry�, c - . _%� {. _ rs�, a : ;_,. •, . �s�� ca 2 . � / �� e�.o� � . � z o • ar. . a � ,- . .. � --� I � . - , . � � � �Q �� F O � . A � � � C ��i:� : � Q �� o , .. � �L � C] F U] Q � CC:=t :a,c�� ::�o �.r:g 955! -��` ; ``�� . • • �' '�� • r ��. � �� a \ �I i "� \ • . �� ✓ Council File # " I— lo Q 1 Ordinance # ,- .,s�'"�'` � . --. i � -� '. . Green Sheet # PAUL, MINNESOTA Presented By Referred To An ordinance to expand the boundaries of the owntown Business District to a11ow the sale and servic of alcoholic beverages within a sidewalk cafe on Harrie sland THE COUNCIL OF THE CTTY OF SAINT P Chapter 106 of the Saint Paul Legislative Sec. 106.01. Obstruction. 1'1-1 Date 30 hereby amended to read as follows: (a) Encumbrances or obstructi s prohibited. No person shall encumber or obshuct any sidewalk, lane, alley, public gro d, public landing, wharf or pier, or other public place by placing thereon or therein any 'lding materials, carriages, carts, wagons, sleighs, boxes, lumber, firewood, posts, awning r any other materials or substance whatever. (b) Sidewalk cafe exe tion. Any food establishment which operates a restaurant and is licensed under Chapter 33 of the Legislative Code may, with notice to the license inspector, expand the oper ion of that restaurant onto a part, and only that part, of the public sidewalk p�_"p��;:�a�[1" '" y_;�i��;�:,�� which immediately adjoins the licensed premises .. . : .. : .. . . . : .. ... : : . : ... . . .. :. .. : . ..: ..;... . . . .:. .: ..: . . : (hereafter referred to `sidewalk cafe"). The following restrictions shall apply; provided, however, that the lice se inspectar may without adverse hearing procedures impose additional reasonable restrictio s or withdraw approval upon the operation of any sidewalk cafe where necessary in the j gement of the license inspector to protect the public health, safety or welfare or to pre ent a nuisance from developing or continuing: (1) o sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of tliirty-six (36) inches must be maintaiued on the public sidewalk at all fimes. No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, a11 tables and chairs shall be kept in a clean, sanitary condition. (3) The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use. All public unprovements, including but not limited to, trees, light poles, tr�c signals, pull boxes or manholes, or any public-initiated ��`� �� maintenance procedures, shall take precedence over said use of the public � sidewalk at all tunes. (4) No aJcoholic beverages shall be allowed in the sidewalk cafe at any time. uch activity is governed by subsection 409.06(e}(2) of this Legislative Code Notwitlistanding the faregoing, the sale and service of alcoholic bev ges by a food establishment located in a commercial development district c ated pursuant to section 17.071 of the City Charter ar located in the owntown business district, which is licensed as a restaurant under Chap r 331 of the Legislative Code and which is in compliance with the pro ' ons of this secrion, is permitted. The downtown business district is defined ' subsection (8) below. The licenseholder shall, in addition to a11 other require nts of law, take reasonable steps to insure that alcoholic beverages aze onsumed only by patrons of the establishment who are of age, and no y passersby or persons who are not of age or who aze obviously intoxicat d. Reasonable steps may include the use of barriers or fences, supervisio of the outside area by security or staff personnel, and/or surveillance by elec nic monitors. Failure to take such reasonable steps and use them at all ti s that alcoholic beverages aze consumed in the sidewallc cafe is grounds r the imposition by the city council of a condition on the license to prohibit e of alcoholic beverages in the sidewalk cafe, and such condition shall ot be deemed to be an adverse action against the license, and does not req ' e the nofice and hearing procedures of section 310.05 of the Legislative C e. Such sidewalk cafes are deemed part of the licensed premises for all requ' ements of the law. (5) As part of a sidewalk cafe, a. Without the approva / b. In any alley; j tub shall be located or maintained: of the director of public works; c. At any loca�i"on where the distance from the face of the curb to the inside sid��alk is less than eight (8) feet; d. At any ocation less than fifty (50) feet from the nearest point of inter cfion with a street, except eighty (80) feet in bus loading areas, unl s the director of public works shall approve; e. f. 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 tr�c. (6) t shall be the duty of the licensed food establishment to maintain each plant tub at all times in a safe condifion at its proper location and to inspect each such tub periodically in arder that it may be properly maintained. Trees or plants and their tubs shall at all times be kept in a neat, clean and presentable condi6on. No advertising matter or sign or writing of any kind shall be displayed upon any tree or plant or its tub. (7) No sidewalk cafe exemption sha11 be effective unless the licensee has filed with C.��0� the license and permit division evidence of insurance insuriug the licensee against liability nnposed by law arising out of the ownership, maiutenance or operation of such sidewalk cafe in an amount to be established by the city's risk manager. The city shall be named an additional insured in the policy, providing such insurance and such policy shall fiuther provide that it m not be canceled except upon ten (10) or more day's written notice filed ' the license and permit division �� a'��c�:'G� �� (8) For purposes of subsection (4) above, the downtown portion of the City of Saint Paul lying within and bc streets: Beginning at the intersection of Shepazd Roa Chestnut Street to Interstate Freeway 35E, Interstat Street, Tenth Street to Interstate Freeway 94, Int sk Bridge, Lafayette Bridge to where the bridge c sses Warner Road to , i�e`� bus' ess district is that ed by the following with Chestnut Street, �reeway 35E to Tenth ;e Freeway 94 to Lafayette over Warner Road, (c) Sidewalk sales exemption. Any p son, parinership, firm or corporation ("person") which operates a retail business in Saint P may, with advance written notice to the director of the depariment of public works ("dire tor"), use a limited part of the public sidewalk which immediately adjoins the premises of s h retail business for the display and sale of its merchandise. All of the requirement and restricrions of this subsecrion (c) shall be binding upon such person and upon the di lay and sale of inerchandise. In addition, the director may, without adverse heazing proced s, impose additional reasonable restrictions upon, or withdraw approval of, the use f any sidewalk for retail sales where necessary in his or hex judgment to protect the publ' health, safety and welfare or to prevent a nuisance from developing or continuing. ithdrawal of approval may be for either a specified time or an indefinite period, within hich or after which no such person shall use the public sidewalk for the display or sale of erchandise. Such additional restrictions or withdrawal of approval shall be effective upon de ' ery of written notice thereof to the person, or an employee of the person at the busin ss premises involved. (1) e display and/or sale of inerchandise shall not be permitted in any portion of he public sidewalk where normal pedestrian tr�c flow is obstructed. A minimuxn clearance of at least thirty-six (36) inches must be maintained on the public sidewalk at all times. No display racks, tables or other equipment of any kind shall be placed, or pernutted to remain, on the public sidewalk during any period when merchandise is not displayed and available for purchase. While such merchandise is displayed and/or available for purchase, all racks, tables and other equipment shall be maintained in a clean and sanitary condition. (3) The use of a portion of the public sidewalk for retail display or sale shall not q� ��° � be an exclusive use. All public improvements including, but not limited to, trees, light poles, tr�c signals, pull boxes or manholes, or any public-initiated maintenance procedures or work, shall take precedence over said use of the public sidewalk at all times. The merchandise and display racks, tables and equipment shall be removed from the sidewalk ixnmediately to permit such public-initiated maintenance procedures or work. � (4) No alcoholic beverages shall be allowed on the public sidewalk at any time. (5) No plant tub sha11 be located or maintained on the public sidewalk as pa}�of the display and/or sale of inerchandise under this subsection. � (6) This subsection applies to and pernuts only the sale and display merchandise and goods, and does not pernut the sa1e, display or provision o services on the public sidewalk. This subsection does not apply to or allow e sale and display � of inerchandise and goods on public sidewalks by transie vendors or other persons who do not operate a retail business in a buildi g on the private property adjoining the public sidewalk where the sal and display take place. (7) No person sha11 sell or display merchandise, ar rmit the sale or display of merchandise, under this subsecflon unril he or e has first obtained liability insurance or an amendment or rider to an e'sting liability insurance policy insuring the said person and the City of S nt Paul and its officers and employees, against liability which mi arise out of the display or sale of merchandise by such person upon th ublic sidewalk in an amount at least equal to the maximum statutory li ility of the city, its officers and employees. Failure to obtain such insurance all be grounds for adverse action against all licenses held by such person, d shall be a misdemeanor violation of the Saint Paul Legislative Code. The ity of Saint Paul, together with its officers and employees, shall be name as additional insureds in the said liability insurance policy, and sha11 meet other requirements established by law or the city risk manager. (8) Failure to compl with the provisions of this subsection (c), or with the terms of additional r tricrions by the director, or with the terms of a withdrawal of approval by e director, shall be a misdemeanor, and shall be grounds for adverse a ion against all licenses held by such person. Sec. lOb.02. Sweepjfigs, etc., on sidewalks. No pers shall throw or deposit, or permit to be thrown or deposited, any snow, ice, dirt, paper, f or the sweepings of any house, store, shop or office, or any other material, other than d or ashes used for the purpose of preventing slipperiness, on or into any street, sidew ane, alley or public ground of the city; provided, however, that this section shall not be onshued as farbidding the throwing or depositing upon the street of snow which has falle upon the public sidewalks. No person sha11 sweep, push or in any manner whatsoever d osit any sweepings of the interior of any house, store, shop or ofFce onto the public idewalk fronting said premises, or into the street, alley or lane abutting said walk or premises. ��-�o� Sec. 106.03. Removing gravel, etc. No person shall dig, remove or carry away, or cause the same to be done, any stone, earth, sand or gravel from any street, lane, alley or public ground within the City of 5aint Paul. Sec. 106.04. Repair of wagons, etc. No person shall suffer any carriage, wagon, cart, sleigh or sled, for the purpose being repaired, or for any other purpose, to remain or staud in any street or lane, far n than one hour. / Sec. 106.05. Throwing stones, etc. It shall not be lawful for any person to throw stones or other r lane or alley within the limits of the city; nor for any person to shoot sleds on any of the public streets. Sec. 106.06. Sliding and coursing. No person shall slide or course upon hand sleds, : upon any sidewalk, street, lane, alley or public ground in Sec. 1Q6.07. Injuring streets, etc. No person shall make any drain, ditch or ground in said city, so as to injure the same or�f Sec. 106.08. Buildings oa. on any street, or coast with "or in any other manner, in or city. across any street, lane, alley or public its passage. No person sha11 build or place y building, in whole or in part, upon any street, alley, sidewalk or other public ground wi n the City of Saint Paul. Sec. 106.09. Merchandise, Except as pro� suffer to be placed, u merchandise, for sale exposed. / Sec. 106.10. ;ci;fn section 106.01(c) above, no person or persons sha11 place, or lany sidewalk in the City of 5aint Paul, any goods, wares or show, beyond the front line of the lot where such goods may be so etc. No son shall pile, deposit or place, or cause or permit to be deposlted, piled or placed, rubbish, wood, coal or merchandise, dirt, imped'unent or obstnxcrion of any kind, upon o over any sidewalk or crossing in said city, nor to occupy or pbstruct any sidewalk ar cross' g, so as to interfere with the convenient use of the same by all passengers. 10611. Receiving or delivering merchandise. Except as provided in section 106A1(c) above, no person or persons receiving or delivering goods, wazes or merchandise in the City of Saint Paul shall place or keep upon, ar 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 suffer to be placed or kept upon, any sidewalk any goods, wares or merchandise which he or they may be receiving or delivering without leauing a passageway cleaz upon such sidewalk where such goods may be of four (4) feet wlde for the use of pedestrians; and no person or persons receiving or delivering such goods shall suffer the same to remain on such sidewalk (subject, nevertheless, to the foregoing restrictions) for a longer period than twenty-four (24) hours. Sec. 10612. Auctions. No person or persons sha11 sell or attempt to sell, or shall cry for sale at public auction, in the City of Saint Paul any goods, chattels or personal properiy whatever o any person or persons upon the sidewalks or streets within the city so as to collect a owd upon the sidewalks and streets, whereby the free passage thereof to any person or p sons is prevented or hindered. This section shall include licensed auctioneers of the ity. And it is hereby made the express duty of the chief of police, and all police office of said city, to cause the strict observance of this and a11 other ordinances relative to obstruction of sidewalks and streets within said city. Section 2 This ozdinance shall take effect and be in force thirty (30) �ays following its passage, approval and publication. / q�'�°� Requested by Department of: i // � ��..r/%��` Adopted by Adoption C By: � . Date ied by Council Secretary by Mayor: Date Form Approved by City Attorney i BY: ��,� `� �-� Approved by Mayor for Submission to Council BY= �\�� L."��%�— �L ORiG4NAL Presented By Referred To Committee: Date An ordinance to expand the boundaries of the Downtown Business District to allow the sale and service of alcoholic beverages withiu a sidewalk cafe on the Public Dock at Harriet Island THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Chapter 106 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 106.01. Obstruction. (a) Encumbrances or obstructions prohibited. No person sha11 encuxnber 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 ar any other materials or substance whatever. (b) Sidewalk cafe exemption. Any food establishment which operates a restaurant and is licensed under Chapter 331 of the Legislative Code may, with nodce to the license inspector, expand the operation of that restaurant onto a part, and only that part, of the public sidewalk �r;'".. li�;��..�� which immediately adjoins the licensed premises ,..,.. �.�.:.:....:.. (hereafter referred to as"aidewalk cafe"). The following restrictions shall apply; provided, however, that the license inspector may witY�out adverse hearing procedures unpose additional reasonable restrictions or withdraw approval upon the operation of any sidewalk cafe where necessary in the judgement of the license inspectar to protect the public health, safety or welfare or to prevent a nuisance from developing or continuing: (1) No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obshucted. A minunum cleazance width of thirty-six (36) inches must be maintained on the public sidewalk at all times. ��b S'�` ,� �,�,� �� Council File # l� — lo � 1 � � y � � � ordinance # Green Sheet # �S � � % � ORDINANCE � I O AINT PAUL, MINNESOTA 3�' (2) No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, a11 tables and chairs sha11 be kept in a clean, sanitary condition. S �bs �-e. 1 (3) The use of a portion of the public sidewalk as a sidewallc cafe shall not be an 2 exclusive use. All gublic imgrovements, including but not lnnited to, trees, light oles traffic signals ull boxes or manholes or an ublic-initiated c(�(�� j,0� �R1G1�lAL , >P , YP Ct�l maiutenance procedures, shall take precedence over said use of the public 5 sidewalk at all times. 6 7 (4) No alcoholic beverages shall be allowed in the sidewalk cafe at any time. Such 8 acriviTy is govemed by subsection 409.06(e)(2) of this Legislative Code. 9 NotwitUstanding the foregoing, the sale and service of alcoholic beverages by a 10 food establishment located in a commercial development district created 11 pursuant to section 17.07.1 of the City Charter or located in the downtown 12 business district, which is licensed as a restautant under Chapter 331 of the 13 Legislative Code and which is in compliance with the provisions of this section, 14 is permitted. The downtown business district is defined in subsection (8) below. 15 The licenseholder shall, in addition to all other requirements of law, take 16 reasonable steps to insure that alcoholic beverages aze consumed only by 17 patrons of the establishment who are of age, and not by passersby or persons 18 who are not of age or who aze obviously intoxicated. Reasonable steps may 19 include the use of barriers or fences, supervision of the outside area by security 20 or staff personnel, and/or surveillance by electronic monitors. Failure to take 21 such reasonable steps and use them at all tnnes that alcoholic beverages are 22 consumed in the sidewalk cafe is grounds for the nnposition by the city council 23 of a condition on the license to prohibit sale of alcoholic beverages in the 24 sidewalk cafe, and such condition shall not be deemed to be an adverse action 25 against the license, and does not require the notice and hearing procedures of 26 section 310.05 of the Legislafive Code. Such sidewalk cafes are deemed part of 27 the licensed premises for a11 requirements of the law. 28 29 (5) As part af a sidewallc cafe, no plant tub shall be located or maintained: 30 31 a. Without the approval of the director of public works; 32 33 b. In any alley; 34 35 c. At any location where the distance from the face of the curb to the 36 inside sidewalk is less than eight (8) feet; 37 38 d. At any location less than fifty (50) feet from the nearest point of 39 intersection with a street, except eighty (80) feet in bus loading areas, 40 unless the director of public works shall approve; 41 42 e. Any closer than ten (10) inches from the face of the curb; and 43 44 f. At any location which, in the opinion of the director of public works, 45 interferes with pedestrian traffic. 46 47 (6) It shall be the duty of the licensed food establishment to maintain each plant 48 tub at all tunes in a safe condition at its proper location and to inspect each 49 such tub periodically in order that it may be properly maintained. Trees or 50 plants and their tubs shall at all times be kept in a neat, clean and presentable 51 condition. No advertising matter or sign or writing of any kind shall be 52 displayed upon any tree or plant or its tub. � �.b �; �--�..��. G ( � � �'7 1 2 3 �'I ;I'v� 6 7 8 9 10 11 12 13 14 15 16 17 1& 19 20 21 22 23 24 25 26 27 (7) No sidewalk cafe exemption sha11 be effective unless the licensee has filed with the license and permit division evidence of insurance �n�„ring the licensee � �\ against liability nnposed by law arising out of the ownership, maintenance or al� J i operation of such sidewalk cafe in an amount to be established by the city's •' Lrisk manager. The city shall be named an additional insured in the 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 permit division �€�� ;si�� S w�� (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: Begimiing at the intersection of Shepazd Road with Chesmut Street, Chestnut Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Street, Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, 28 (c) Sidewalk sales exemption. Any person, parinership, firm or corporation ("person") 29 which operates a retail business in Saint Paul may, with advance written notice to the director 30 of the department of public works ("director"), use a limited part of the public sidewalk which 31 immediately adjoins the premises of such retail business for the display and sale of its 32 merchandise. All of the requirements and restrictions of this subsection (c) sha11 be binding 33 upon such person and upon the display and sale of inerchandise. In addirion, the director may, 34 without adverse hearing procedures, impose additional reasonable restrictions upon, ar 35 withdraw approval of, the use of any sidewalk for retail sales where necessary in his or her 36 judgment to protect the public health, safety and welfare or to prevent a nuisance from 37 developing or continuing. Withdrawal of approval may be for either a specified time or an 38 indefuute period, within which or after which no such person shall use the public sidewalk far 39 the dispiay or sale of inerchandise. 5uch additional restrictions or withdrawal of approval shall 40 be effective upon delivery of written nofice thereof to the person, or an employee of the 41 person at the business premises involved. 42 43 44 45 46 47 48 49 50 51 52 (1) The display andlor sale of inerchandise shall not be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance of at least thirty-six (36) inches must be maintained on the public sidewalk at a11 times. (2) No display racks, tables or other equipment of any kind shall be placed, or permitted to remain, on the public sidewalk during any period when merchandise is not displayed and available for purchase. While such merchandise is displayed andlar available for purchase, a11 racks, tables and other equipment sha11 be maintained in a clean and sanitary condition. 2 �� 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 (3) iG1NA� ��) (5) 5�..�o S �; e. The use of a portion of the public sidewalk for retail display or sale shall not be an exclusive use. All pubiic improvements including, but not lnnited to, trees, light poles, iraffic signals, pull boxes or manholes, or any public-initiated maintenance procedures or work, sha11 take precedence over said use of the puhlic sidewalk at all times. The merchandise and display racks, tables and equipment shall be removed from the sidewalk immediately to permit such public-inifiated maintenance procedures or work. No alcoholic beverages shall be allowed on the public sidewalk at any time. No plant tub shall be located or maintained on the public sidewalk as part of the display andJor sale of inerchandise under this subsection. (6) This subsection applies to and permits only the sale and display of inerchandise and goods, and does not permit the sa1e, display or provision of services on the public sidewalk. This subsecrion does not apply to or allow the sale and display of inerchandise and goods on public sidewalks by transient vendors or other persons who do not operate a retail business in a building on the private properry adjouring the public sidewalk where the sales and display take place. (7) No person shall sell or display merchandise, or permit the sale or display of merchandise, under this subsecrion until he or she has first obtained liability inswance or an amendment or rider to an exis6ng liability insurance policy insuring the said person and the City of Saint Paul and its officers and employees, against liability which might arise out of the display or sale of merchandise by such person upon the public sidewalk in an amount at least equal to the masimum statutoiy Iiability of the city, its officers and employees. Failure to obtain such insurance shall be grounds for adverse action against a11 licenses held by such person, and shall be a misdemeanor violation of the Saint Paul Legislarive Code. The City of Saint Paul, together with its officers and employees, shall be named as additional insureds in the said liability insurance policy, and sha11 meet a11 other requirements established by law or the city risk manager. (8) Failure to comply with the provisions of this subsection (c), or with the terms of additional restricrions by the director, or with the terms of a withdrawal of approval by the director, shall be a misdemeanor, and shall be grounds for adverse action against all licenses held by such person. Sec. 106.02. Sweegings, etc., on sidewalks. No person shall throw or deposit, or permit to be thrown ar deposited, any snow, ice, dirt, paper, filth or the sweepings of any house, store, shop or office, or any other material, other than sand or ashes used for the purpose of preventing slipperiness, on or into any sueet, sidewalk, lane, alley or public ground of the city; provided, however, that this section shall not be construed as forbidding the throwing ar depositing upon the street of snow which has fallen upon the public sidewalks. No person shall sweep, push or in any manner whatsoever deposit any sweepings of the interior of any house, store, shop or office onto the public sidewalk fronting said premises, or into the street, alley or lane abutting said walk or premises. �� q�,Lo1 2 0 ' S�C.'i�:U�: R�oving gravel, etc. � �� S"t', fi � � � / �l , � `� � � - � d � 3 4 No person shall dig, remove or catry away, or cause the same to be done, any stone, 5 earth, sand or gravel from any street, lane, alley or public ground within the City of Saint 6 Paul. 7 8 5ec. 106.04. Repair of wagons, etc. 9 10 No person shall suffer any carriage, wagon, cart, sleigh or sled, for the purpose of 11 being repaired, or for any other pwpose, to remain or stand in any street or lane, for more 12 than one hour. 13 14 Sec. 106.05. Throwing stones, etc. 15 16 It shall not be lawful for any person to throw stones or other missiles on any street, 17 lane or alley within the lunits of the city; nor for any person to shoot arrows or coast with 18 sleds on any of the public streets. 19 20 Sec. 106.06. Sliding and coursing. 21 22 No person shall slide or course upon hand sleds, skates or in any other manner, in ar 23 upon any sidewalk, street, lane, alley or public ground in said city. 24 25 Sec. 106.07. Injuring streets, etc. 26 = 27 i3o person shall make any drain, ditch or bridge across any street, lane, alley or public 28 ground in said city, so as to injure the same or obstruct its passage. 29 30 Sec. 106.08. Buildings on. 31 32 No person shall build or place any building, in whole or in part, upon any street, a11ey, 33 sidewalk or other public ground within the City of Saint Paul. 34 35 Sec. 106.09. Merchandise, sale. 36 37 Except as provided in section 106.01(c) above, no person or persons shall place, or 38 suffer to be placed, upon any sidewallc in the City of Saint Paul, any goods, wares or 39 merchandise, for sale or show, beyond the front line of the lot where such goods may be so 40 exposed. 41 42 Sec. 106.10. Rubbish, etc. 43 44 No person shall pile, deposit or place, or cause or pernut to be deposited, piled or 45 placed, any rubbish, wood, coal or merchandise, dirt, impediment or obstruction of any ldnd, 46 upon or over any sidewalk or crossing in said city, nor to occupy or obstruct any sidewalk or 47 crossing, so as to interfere with the convenient use of the same by all passengers. 48 49 Sec. 106.11. Receiving ar delivering merchandise. 50 51 Except as provided in section 106.01(c) above, no person or persons receiving or 52 delivering goods, wares or merchandise in the City of Saint Paul shall place ar keep upon, or �� 10 11 12 13 14 15 16 17 18 19 20 21 22 �� Z,�� u�uuuu��d Drrpir�utn JU� 19 i99T. Requested by Department of: BY: ��s�(il Y�r Eorm Approved by City orney By: (/ ��'�-C <c�r By '� �� 4b ��f �� S u.b 5�- ;-�k� � I� l a � �t �- c�o � r a or kept upon, any sidewalk any goods, wazes or merchandise which he or they may be receiving or delivering without leaving a passageway clear 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 sball suffer the same to remain on such sidewalk (subject, nevertheless, to the foregoing restrictions) for a longer period than twenty-four (24) hours. Sec. 106.12. Auctions. No person or persons shall sell or attempt to sell, or shall cry for sale at public auction, in the City of Saint Pau1 any goods, chattels or personal properiy whatever to any person or persons upon the sidewalks ar streets within the city so as to collect a crowd upon the sidewalks and streets, whereby the free passage thereof to any person or persons is prevented or hindered. This section shall include licensed aucrioneers of the city. And it is hereby made the express duty of the chief of police, and a11 police officers of said city, to cause the strict observance of this and all other ordivauces relative to the obstrucrion of sidewalks and streets within said city. Secrion 2 This ordinance sha11 take effect and be in force thirry (30) days following its passage, approval and publication. Approved by Mayor: By: Approved // b��y '' ��Mayor for Submission to D��te � Z`y Council i )"'Wi, ��V �� I � By. ��Y Adopted by Council: Date q'""� Adoption Certified by Council Secretary OFFICE OF LIEP Date° GREEN SHEET May 12, 1997 N° 19l �� PAATMENT DZREC40R ITY COUNCIL ITY ATTORNEY ITY CLERK ust be 011 Council Agenda by : ODGET DIRECTOR IN. 6 MGT. SVC. DIR. $�7 YOR iOR ASSISTANT) OTAL � OF SIGNATIIRE PAGSS 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQIIESTED: An ordinance to amend chapter 106 of the Saint Paul egislative Code to expand the boundaries of the Downtown-BUSiness Uistrict to allaw sale and service of alcoholic'beverages in sidewalk cafes on Harriet sland. COf4�]ENDATIONS: APPROVE �A) OR REJECT lR) ONAL SBR7ICS C�NTRACTS 1�ST AtiSWEB 'PBf! F�LL09PffiG: PLANNING COhA7ISSION CIVII. SERVICE COMMISSION 1. Has the person/firm ever worked under a contract for this department? CIB COMMITTEE BUSINESS REVIEW COUNCIL YES NO STAFF _ Has tnis personjfixm ever been a City employee2 DISTRICT CWRT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COUNCIL OBJECTIVE? Current City employee7 YES NO laln all Y€S anawaxs on a sepaxata aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): he Downtown Business District currently does not enaompass Harriet Island. DVANTAGES IF APPROVED: Saint Paul will improve the business environment and may attract more people owntown by allowing licensed establishments to sell and serve alcoholic everages at sidewalk cafes on Harriet Island. ISADVAPITAGES IF APPROVED: one ISADVANTAGES IF NOT APPROVED: Saint Paul will not improve the business environment and may not attract as any people downtown by allowing licensed establishments to sell and serve alcoholic beverages at sidewalk cafes on Harriet Island. OTAL AMOUNT OF TRANSACTION � COST/REVENUE BUDGETED YES NO FUNDII3G SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) ^'34:'^ T+5$ _ _ _ . — . �de54 h e . _, . a _ ,... a.� : . . . . ry 2�{�; �is.' 3 S ry i�d.}( __._ __'. . ____�.,.a 0 ¢': . � ..� ''� �� c : � � ��'• � , > "� \�� i � � � q�i ��'� � � -�, � � �� N� z � �.,� ° U 3 � �--�-� c I O w � � � O Q a� � � � Z L V i �- o�-�, �z_ I N S-4 � ~ U I uj : �-� � � w 5'+ �--�"..'1 �_ < c : .. .,� ,--� ,_._., c� `" �: 6 � � S� � c � -, �y � ' �� " : � � � �'-+ �- r�r >, ri �' 1J � F 4 _ u I �' � �i �--� U = - a C � , ' �!:�: � X � �� ':".. - - , ., � � ul N i , �� W Wm� � � � "•,\• � . H � O p �� , \ ,� �'� a H �s � o z � r , o � � ,� � � � � o � - D ' ; . \ p � a � � �° ., -_ >-.0 �� ° C:, F .' � � � / � '� � ��/ \s� O z O o ; -..� � = P �� '�/�� vy " p � r' / � �°ro� � � o a c :�� .i� � � a ¢ � ° zo _" ' - , �. ,� i / N c� ` v' { J l( X \� ` z F L�_.c � �. _"� �� . o -- �� . � ., � . �" j� � .'`'� .�� ` ` '.�..`��s ' �` � 00 x s�z .�� a� -, e �� /`� � , Q � > ��\� • . ,\ � 'p �'' °�/.. � U Q � � �: \ - � , �, � ry�, c - . _%� {. _ rs�, a : ;_,. •, . �s�� ca 2 . � / �� e�.o� � . � z o • ar. . a � ,- . .. � --� I � . - , . � � � �Q �� F O � . A � � � C ��i:� : � Q �� o , .. � �L � C] F U] Q � CC:=t :a,c�� ::�o �.r:g 955! -��` ; ``�� . • • �' '�� • r ��. � �� a \ �I i "� \ • . �� ✓ Council File # " I— lo Q 1 Ordinance # ,- .,s�'"�'` � . --. i � -� '. . Green Sheet # PAUL, MINNESOTA Presented By Referred To An ordinance to expand the boundaries of the owntown Business District to a11ow the sale and servic of alcoholic beverages within a sidewalk cafe on Harrie sland THE COUNCIL OF THE CTTY OF SAINT P Chapter 106 of the Saint Paul Legislative Sec. 106.01. Obstruction. 1'1-1 Date 30 hereby amended to read as follows: (a) Encumbrances or obstructi s prohibited. No person shall encumber or obshuct any sidewalk, lane, alley, public gro d, public landing, wharf or pier, or other public place by placing thereon or therein any 'lding materials, carriages, carts, wagons, sleighs, boxes, lumber, firewood, posts, awning r any other materials or substance whatever. (b) Sidewalk cafe exe tion. Any food establishment which operates a restaurant and is licensed under Chapter 33 of the Legislative Code may, with notice to the license inspector, expand the oper ion of that restaurant onto a part, and only that part, of the public sidewalk p�_"p��;:�a�[1" '" y_;�i��;�:,�� which immediately adjoins the licensed premises .. . : .. : .. . . . : .. ... : : . : ... . . .. :. .. : . ..: ..;... . . . .:. .: ..: . . : (hereafter referred to `sidewalk cafe"). The following restrictions shall apply; provided, however, that the lice se inspectar may without adverse hearing procedures impose additional reasonable restrictio s or withdraw approval upon the operation of any sidewalk cafe where necessary in the j gement of the license inspector to protect the public health, safety or welfare or to pre ent a nuisance from developing or continuing: (1) o sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of tliirty-six (36) inches must be maintaiued on the public sidewalk at all fimes. No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, a11 tables and chairs shall be kept in a clean, sanitary condition. (3) The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use. All public unprovements, including but not limited to, trees, light poles, tr�c signals, pull boxes or manholes, or any public-initiated ��`� �� maintenance procedures, shall take precedence over said use of the public � sidewalk at all tunes. (4) No aJcoholic beverages shall be allowed in the sidewalk cafe at any time. uch activity is governed by subsection 409.06(e}(2) of this Legislative Code Notwitlistanding the faregoing, the sale and service of alcoholic bev ges by a food establishment located in a commercial development district c ated pursuant to section 17.071 of the City Charter ar located in the owntown business district, which is licensed as a restaurant under Chap r 331 of the Legislative Code and which is in compliance with the pro ' ons of this secrion, is permitted. The downtown business district is defined ' subsection (8) below. The licenseholder shall, in addition to a11 other require nts of law, take reasonable steps to insure that alcoholic beverages aze onsumed only by patrons of the establishment who are of age, and no y passersby or persons who are not of age or who aze obviously intoxicat d. Reasonable steps may include the use of barriers or fences, supervisio of the outside area by security or staff personnel, and/or surveillance by elec nic monitors. Failure to take such reasonable steps and use them at all ti s that alcoholic beverages aze consumed in the sidewallc cafe is grounds r the imposition by the city council of a condition on the license to prohibit e of alcoholic beverages in the sidewalk cafe, and such condition shall ot be deemed to be an adverse action against the license, and does not req ' e the nofice and hearing procedures of section 310.05 of the Legislative C e. Such sidewalk cafes are deemed part of the licensed premises for all requ' ements of the law. (5) As part of a sidewalk cafe, a. Without the approva / b. In any alley; j tub shall be located or maintained: of the director of public works; c. At any loca�i"on where the distance from the face of the curb to the inside sid��alk is less than eight (8) feet; d. At any ocation less than fifty (50) feet from the nearest point of inter cfion with a street, except eighty (80) feet in bus loading areas, unl s the director of public works shall approve; e. f. 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 tr�c. (6) t shall be the duty of the licensed food establishment to maintain each plant tub at all times in a safe condifion at its proper location and to inspect each such tub periodically in arder that it may be properly maintained. Trees or plants and their tubs shall at all times be kept in a neat, clean and presentable condi6on. No advertising matter or sign or writing of any kind shall be displayed upon any tree or plant or its tub. (7) No sidewalk cafe exemption sha11 be effective unless the licensee has filed with C.��0� the license and permit division evidence of insurance insuriug the licensee against liability nnposed by law arising out of the ownership, maiutenance or operation of such sidewalk cafe in an amount to be established by the city's risk manager. The city shall be named an additional insured in the policy, providing such insurance and such policy shall fiuther provide that it m not be canceled except upon ten (10) or more day's written notice filed ' the license and permit division �� a'��c�:'G� �� (8) For purposes of subsection (4) above, the downtown portion of the City of Saint Paul lying within and bc streets: Beginning at the intersection of Shepazd Roa Chestnut Street to Interstate Freeway 35E, Interstat Street, Tenth Street to Interstate Freeway 94, Int sk Bridge, Lafayette Bridge to where the bridge c sses Warner Road to , i�e`� bus' ess district is that ed by the following with Chestnut Street, �reeway 35E to Tenth ;e Freeway 94 to Lafayette over Warner Road, (c) Sidewalk sales exemption. Any p son, parinership, firm or corporation ("person") which operates a retail business in Saint P may, with advance written notice to the director of the depariment of public works ("dire tor"), use a limited part of the public sidewalk which immediately adjoins the premises of s h retail business for the display and sale of its merchandise. All of the requirement and restricrions of this subsecrion (c) shall be binding upon such person and upon the di lay and sale of inerchandise. In addition, the director may, without adverse heazing proced s, impose additional reasonable restrictions upon, or withdraw approval of, the use f any sidewalk for retail sales where necessary in his or hex judgment to protect the publ' health, safety and welfare or to prevent a nuisance from developing or continuing. ithdrawal of approval may be for either a specified time or an indefinite period, within hich or after which no such person shall use the public sidewalk for the display or sale of erchandise. Such additional restrictions or withdrawal of approval shall be effective upon de ' ery of written notice thereof to the person, or an employee of the person at the busin ss premises involved. (1) e display and/or sale of inerchandise shall not be permitted in any portion of he public sidewalk where normal pedestrian tr�c flow is obstructed. A minimuxn clearance of at least thirty-six (36) inches must be maintained on the public sidewalk at all times. No display racks, tables or other equipment of any kind shall be placed, or pernutted to remain, on the public sidewalk during any period when merchandise is not displayed and available for purchase. While such merchandise is displayed and/or available for purchase, all racks, tables and other equipment shall be maintained in a clean and sanitary condition. (3) The use of a portion of the public sidewalk for retail display or sale shall not q� ��° � be an exclusive use. All public improvements including, but not limited to, trees, light poles, tr�c signals, pull boxes or manholes, or any public-initiated maintenance procedures or work, shall take precedence over said use of the public sidewalk at all times. The merchandise and display racks, tables and equipment shall be removed from the sidewalk ixnmediately to permit such public-initiated maintenance procedures or work. � (4) No alcoholic beverages shall be allowed on the public sidewalk at any time. (5) No plant tub sha11 be located or maintained on the public sidewalk as pa}�of the display and/or sale of inerchandise under this subsection. � (6) This subsection applies to and pernuts only the sale and display merchandise and goods, and does not pernut the sa1e, display or provision o services on the public sidewalk. This subsection does not apply to or allow e sale and display � of inerchandise and goods on public sidewalks by transie vendors or other persons who do not operate a retail business in a buildi g on the private property adjoining the public sidewalk where the sal and display take place. (7) No person sha11 sell or display merchandise, ar rmit the sale or display of merchandise, under this subsecflon unril he or e has first obtained liability insurance or an amendment or rider to an e'sting liability insurance policy insuring the said person and the City of S nt Paul and its officers and employees, against liability which mi arise out of the display or sale of merchandise by such person upon th ublic sidewalk in an amount at least equal to the maximum statutory li ility of the city, its officers and employees. Failure to obtain such insurance all be grounds for adverse action against all licenses held by such person, d shall be a misdemeanor violation of the Saint Paul Legislative Code. The ity of Saint Paul, together with its officers and employees, shall be name as additional insureds in the said liability insurance policy, and sha11 meet other requirements established by law or the city risk manager. (8) Failure to compl with the provisions of this subsection (c), or with the terms of additional r tricrions by the director, or with the terms of a withdrawal of approval by e director, shall be a misdemeanor, and shall be grounds for adverse a ion against all licenses held by such person. Sec. lOb.02. Sweepjfigs, etc., on sidewalks. No pers shall throw or deposit, or permit to be thrown or deposited, any snow, ice, dirt, paper, f or the sweepings of any house, store, shop or office, or any other material, other than d or ashes used for the purpose of preventing slipperiness, on or into any street, sidew ane, alley or public ground of the city; provided, however, that this section shall not be onshued as farbidding the throwing or depositing upon the street of snow which has falle upon the public sidewalks. No person sha11 sweep, push or in any manner whatsoever d osit any sweepings of the interior of any house, store, shop or ofFce onto the public idewalk fronting said premises, or into the street, alley or lane abutting said walk or premises. ��-�o� Sec. 106.03. Removing gravel, etc. No person shall dig, remove or carry away, or cause the same to be done, any stone, earth, sand or gravel from any street, lane, alley or public ground within the City of 5aint Paul. Sec. 106.04. Repair of wagons, etc. No person shall suffer any carriage, wagon, cart, sleigh or sled, for the purpose being repaired, or for any other purpose, to remain or staud in any street or lane, far n than one hour. / Sec. 106.05. Throwing stones, etc. It shall not be lawful for any person to throw stones or other r lane or alley within the limits of the city; nor for any person to shoot sleds on any of the public streets. Sec. 106.06. Sliding and coursing. No person shall slide or course upon hand sleds, : upon any sidewalk, street, lane, alley or public ground in Sec. 1Q6.07. Injuring streets, etc. No person shall make any drain, ditch or ground in said city, so as to injure the same or�f Sec. 106.08. Buildings oa. on any street, or coast with "or in any other manner, in or city. across any street, lane, alley or public its passage. No person sha11 build or place y building, in whole or in part, upon any street, alley, sidewalk or other public ground wi n the City of Saint Paul. Sec. 106.09. Merchandise, Except as pro� suffer to be placed, u merchandise, for sale exposed. / Sec. 106.10. ;ci;fn section 106.01(c) above, no person or persons sha11 place, or lany sidewalk in the City of 5aint Paul, any goods, wares or show, beyond the front line of the lot where such goods may be so etc. No son shall pile, deposit or place, or cause or permit to be deposlted, piled or placed, rubbish, wood, coal or merchandise, dirt, imped'unent or obstnxcrion of any kind, upon o over any sidewalk or crossing in said city, nor to occupy or pbstruct any sidewalk ar cross' g, so as to interfere with the convenient use of the same by all passengers. 10611. Receiving or delivering merchandise. Except as provided in section 106A1(c) above, no person or persons receiving or delivering goods, wazes or merchandise in the City of Saint Paul shall place or keep upon, ar 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 suffer to be placed or kept upon, any sidewalk any goods, wares or merchandise which he or they may be receiving or delivering without leauing a passageway cleaz upon such sidewalk where such goods may be of four (4) feet wlde for the use of pedestrians; and no person or persons receiving or delivering such goods shall suffer the same to remain on such sidewalk (subject, nevertheless, to the foregoing restrictions) for a longer period than twenty-four (24) hours. Sec. 10612. Auctions. No person or persons sha11 sell or attempt to sell, or shall cry for sale at public auction, in the City of Saint Paul any goods, chattels or personal properiy whatever o any person or persons upon the sidewalks or streets within the city so as to collect a owd upon the sidewalks and streets, whereby the free passage thereof to any person or p sons is prevented or hindered. This section shall include licensed auctioneers of the ity. And it is hereby made the express duty of the chief of police, and all police office of said city, to cause the strict observance of this and a11 other ordinances relative to obstruction of sidewalks and streets within said city. Section 2 This ozdinance shall take effect and be in force thirty (30) �ays following its passage, approval and publication. / q�'�°� Requested by Department of: i // � ��..r/%��` Adopted by Adoption C By: � . Date ied by Council Secretary by Mayor: Date Form Approved by City Attorney i BY: ��,� `� �-� Approved by Mayor for Submission to Council BY= �\�� L."��%�— �L ORiG4NAL Presented By Referred To Committee: Date An ordinance to expand the boundaries of the Downtown Business District to allow the sale and service of alcoholic beverages withiu a sidewalk cafe on the Public Dock at Harriet Island THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Chapter 106 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 106.01. Obstruction. (a) Encumbrances or obstructions prohibited. No person sha11 encuxnber 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 ar any other materials or substance whatever. (b) Sidewalk cafe exemption. Any food establishment which operates a restaurant and is licensed under Chapter 331 of the Legislative Code may, with nodce to the license inspector, expand the operation of that restaurant onto a part, and only that part, of the public sidewalk �r;'".. li�;��..�� which immediately adjoins the licensed premises ,..,.. �.�.:.:....:.. (hereafter referred to as"aidewalk cafe"). The following restrictions shall apply; provided, however, that the license inspector may witY�out adverse hearing procedures unpose additional reasonable restrictions or withdraw approval upon the operation of any sidewalk cafe where necessary in the judgement of the license inspectar to protect the public health, safety or welfare or to prevent a nuisance from developing or continuing: (1) No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obshucted. A minunum cleazance width of thirty-six (36) inches must be maintained on the public sidewalk at all times. ��b S'�` ,� �,�,� �� Council File # l� — lo � 1 � � y � � � ordinance # Green Sheet # �S � � % � ORDINANCE � I O AINT PAUL, MINNESOTA 3�' (2) No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, a11 tables and chairs sha11 be kept in a clean, sanitary condition. S �bs �-e. 1 (3) The use of a portion of the public sidewalk as a sidewallc cafe shall not be an 2 exclusive use. All gublic imgrovements, including but not lnnited to, trees, light oles traffic signals ull boxes or manholes or an ublic-initiated c(�(�� j,0� �R1G1�lAL , >P , YP Ct�l maiutenance procedures, shall take precedence over said use of the public 5 sidewalk at all times. 6 7 (4) No alcoholic beverages shall be allowed in the sidewalk cafe at any time. Such 8 acriviTy is govemed by subsection 409.06(e)(2) of this Legislative Code. 9 NotwitUstanding the foregoing, the sale and service of alcoholic beverages by a 10 food establishment located in a commercial development district created 11 pursuant to section 17.07.1 of the City Charter or located in the downtown 12 business district, which is licensed as a restautant under Chapter 331 of the 13 Legislative Code and which is in compliance with the provisions of this section, 14 is permitted. The downtown business district is defined in subsection (8) below. 15 The licenseholder shall, in addition to all other requirements of law, take 16 reasonable steps to insure that alcoholic beverages aze consumed only by 17 patrons of the establishment who are of age, and not by passersby or persons 18 who are not of age or who aze obviously intoxicated. Reasonable steps may 19 include the use of barriers or fences, supervision of the outside area by security 20 or staff personnel, and/or surveillance by electronic monitors. Failure to take 21 such reasonable steps and use them at all tnnes that alcoholic beverages are 22 consumed in the sidewalk cafe is grounds for the nnposition by the city council 23 of a condition on the license to prohibit sale of alcoholic beverages in the 24 sidewalk cafe, and such condition shall not be deemed to be an adverse action 25 against the license, and does not require the notice and hearing procedures of 26 section 310.05 of the Legislafive Code. Such sidewalk cafes are deemed part of 27 the licensed premises for a11 requirements of the law. 28 29 (5) As part af a sidewallc cafe, no plant tub shall be located or maintained: 30 31 a. Without the approval of the director of public works; 32 33 b. In any alley; 34 35 c. At any location where the distance from the face of the curb to the 36 inside sidewalk is less than eight (8) feet; 37 38 d. At any location less than fifty (50) feet from the nearest point of 39 intersection with a street, except eighty (80) feet in bus loading areas, 40 unless the director of public works shall approve; 41 42 e. Any closer than ten (10) inches from the face of the curb; and 43 44 f. At any location which, in the opinion of the director of public works, 45 interferes with pedestrian traffic. 46 47 (6) It shall be the duty of the licensed food establishment to maintain each plant 48 tub at all tunes in a safe condition at its proper location and to inspect each 49 such tub periodically in order that it may be properly maintained. Trees or 50 plants and their tubs shall at all times be kept in a neat, clean and presentable 51 condition. No advertising matter or sign or writing of any kind shall be 52 displayed upon any tree or plant or its tub. � �.b �; �--�..��. G ( � � �'7 1 2 3 �'I ;I'v� 6 7 8 9 10 11 12 13 14 15 16 17 1& 19 20 21 22 23 24 25 26 27 (7) No sidewalk cafe exemption sha11 be effective unless the licensee has filed with the license and permit division evidence of insurance �n�„ring the licensee � �\ against liability nnposed by law arising out of the ownership, maintenance or al� J i operation of such sidewalk cafe in an amount to be established by the city's •' Lrisk manager. The city shall be named an additional insured in the 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 permit division �€�� ;si�� S w�� (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: Begimiing at the intersection of Shepazd Road with Chesmut Street, Chestnut Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Street, Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, 28 (c) Sidewalk sales exemption. Any person, parinership, firm or corporation ("person") 29 which operates a retail business in Saint Paul may, with advance written notice to the director 30 of the department of public works ("director"), use a limited part of the public sidewalk which 31 immediately adjoins the premises of such retail business for the display and sale of its 32 merchandise. All of the requirements and restrictions of this subsection (c) sha11 be binding 33 upon such person and upon the display and sale of inerchandise. In addirion, the director may, 34 without adverse hearing procedures, impose additional reasonable restrictions upon, ar 35 withdraw approval of, the use of any sidewalk for retail sales where necessary in his or her 36 judgment to protect the public health, safety and welfare or to prevent a nuisance from 37 developing or continuing. Withdrawal of approval may be for either a specified time or an 38 indefuute period, within which or after which no such person shall use the public sidewalk far 39 the dispiay or sale of inerchandise. 5uch additional restrictions or withdrawal of approval shall 40 be effective upon delivery of written nofice thereof to the person, or an employee of the 41 person at the business premises involved. 42 43 44 45 46 47 48 49 50 51 52 (1) The display andlor sale of inerchandise shall not be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance of at least thirty-six (36) inches must be maintained on the public sidewalk at a11 times. (2) No display racks, tables or other equipment of any kind shall be placed, or permitted to remain, on the public sidewalk during any period when merchandise is not displayed and available for purchase. While such merchandise is displayed andlar available for purchase, a11 racks, tables and other equipment sha11 be maintained in a clean and sanitary condition. 2 �� 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 (3) iG1NA� ��) (5) 5�..�o S �; e. The use of a portion of the public sidewalk for retail display or sale shall not be an exclusive use. All pubiic improvements including, but not lnnited to, trees, light poles, iraffic signals, pull boxes or manholes, or any public-initiated maintenance procedures or work, sha11 take precedence over said use of the puhlic sidewalk at all times. The merchandise and display racks, tables and equipment shall be removed from the sidewalk immediately to permit such public-inifiated maintenance procedures or work. No alcoholic beverages shall be allowed on the public sidewalk at any time. No plant tub shall be located or maintained on the public sidewalk as part of the display andJor sale of inerchandise under this subsection. (6) This subsection applies to and permits only the sale and display of inerchandise and goods, and does not permit the sa1e, display or provision of services on the public sidewalk. This subsecrion does not apply to or allow the sale and display of inerchandise and goods on public sidewalks by transient vendors or other persons who do not operate a retail business in a building on the private properry adjouring the public sidewalk where the sales and display take place. (7) No person shall sell or display merchandise, or permit the sale or display of merchandise, under this subsecrion until he or she has first obtained liability inswance or an amendment or rider to an exis6ng liability insurance policy insuring the said person and the City of Saint Paul and its officers and employees, against liability which might arise out of the display or sale of merchandise by such person upon the public sidewalk in an amount at least equal to the masimum statutoiy Iiability of the city, its officers and employees. Failure to obtain such insurance shall be grounds for adverse action against a11 licenses held by such person, and shall be a misdemeanor violation of the Saint Paul Legislarive Code. The City of Saint Paul, together with its officers and employees, shall be named as additional insureds in the said liability insurance policy, and sha11 meet a11 other requirements established by law or the city risk manager. (8) Failure to comply with the provisions of this subsection (c), or with the terms of additional restricrions by the director, or with the terms of a withdrawal of approval by the director, shall be a misdemeanor, and shall be grounds for adverse action against all licenses held by such person. Sec. 106.02. Sweegings, etc., on sidewalks. No person shall throw or deposit, or permit to be thrown ar deposited, any snow, ice, dirt, paper, filth or the sweepings of any house, store, shop or office, or any other material, other than sand or ashes used for the purpose of preventing slipperiness, on or into any sueet, sidewalk, lane, alley or public ground of the city; provided, however, that this section shall not be construed as forbidding the throwing ar depositing upon the street of snow which has fallen upon the public sidewalks. No person shall sweep, push or in any manner whatsoever deposit any sweepings of the interior of any house, store, shop or office onto the public sidewalk fronting said premises, or into the street, alley or lane abutting said walk or premises. �� q�,Lo1 2 0 ' S�C.'i�:U�: R�oving gravel, etc. � �� S"t', fi � � � / �l , � `� � � - � d � 3 4 No person shall dig, remove or catry away, or cause the same to be done, any stone, 5 earth, sand or gravel from any street, lane, alley or public ground within the City of Saint 6 Paul. 7 8 5ec. 106.04. Repair of wagons, etc. 9 10 No person shall suffer any carriage, wagon, cart, sleigh or sled, for the purpose of 11 being repaired, or for any other pwpose, to remain or stand in any street or lane, for more 12 than one hour. 13 14 Sec. 106.05. Throwing stones, etc. 15 16 It shall not be lawful for any person to throw stones or other missiles on any street, 17 lane or alley within the lunits of the city; nor for any person to shoot arrows or coast with 18 sleds on any of the public streets. 19 20 Sec. 106.06. Sliding and coursing. 21 22 No person shall slide or course upon hand sleds, skates or in any other manner, in ar 23 upon any sidewalk, street, lane, alley or public ground in said city. 24 25 Sec. 106.07. Injuring streets, etc. 26 = 27 i3o person shall make any drain, ditch or bridge across any street, lane, alley or public 28 ground in said city, so as to injure the same or obstruct its passage. 29 30 Sec. 106.08. Buildings on. 31 32 No person shall build or place any building, in whole or in part, upon any street, a11ey, 33 sidewalk or other public ground within the City of Saint Paul. 34 35 Sec. 106.09. Merchandise, sale. 36 37 Except as provided in section 106.01(c) above, no person or persons shall place, or 38 suffer to be placed, upon any sidewallc in the City of Saint Paul, any goods, wares or 39 merchandise, for sale or show, beyond the front line of the lot where such goods may be so 40 exposed. 41 42 Sec. 106.10. Rubbish, etc. 43 44 No person shall pile, deposit or place, or cause or pernut to be deposited, piled or 45 placed, any rubbish, wood, coal or merchandise, dirt, impediment or obstruction of any ldnd, 46 upon or over any sidewalk or crossing in said city, nor to occupy or obstruct any sidewalk or 47 crossing, so as to interfere with the convenient use of the same by all passengers. 48 49 Sec. 106.11. Receiving ar delivering merchandise. 50 51 Except as provided in section 106.01(c) above, no person or persons receiving or 52 delivering goods, wares or merchandise in the City of Saint Paul shall place ar keep upon, or �� 10 11 12 13 14 15 16 17 18 19 20 21 22 �� Z,�� u�uuuu��d Drrpir�utn JU� 19 i99T. Requested by Department of: BY: ��s�(il Y�r Eorm Approved by City orney By: (/ ��'�-C <c�r By '� �� 4b ��f �� S u.b 5�- ;-�k� � I� l a � �t �- c�o � r a or kept upon, any sidewalk any goods, wazes or merchandise which he or they may be receiving or delivering without leaving a passageway clear 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 sball suffer the same to remain on such sidewalk (subject, nevertheless, to the foregoing restrictions) for a longer period than twenty-four (24) hours. Sec. 106.12. Auctions. No person or persons shall sell or attempt to sell, or shall cry for sale at public auction, in the City of Saint Pau1 any goods, chattels or personal properiy whatever to any person or persons upon the sidewalks ar streets within the city so as to collect a crowd upon the sidewalks and streets, whereby the free passage thereof to any person or persons is prevented or hindered. This section shall include licensed aucrioneers of the city. And it is hereby made the express duty of the chief of police, and a11 police officers of said city, to cause the strict observance of this and all other ordivauces relative to the obstrucrion of sidewalks and streets within said city. Secrion 2 This ordinance sha11 take effect and be in force thirry (30) days following its passage, approval and publication. Approved by Mayor: By: Approved // b��y '' ��Mayor for Submission to D��te � Z`y Council i )"'Wi, ��V �� I � By. ��Y Adopted by Council: Date q'""� Adoption Certified by Council Secretary OFFICE OF LIEP Date° GREEN SHEET May 12, 1997 N° 19l �� PAATMENT DZREC40R ITY COUNCIL ITY ATTORNEY ITY CLERK ust be 011 Council Agenda by : ODGET DIRECTOR IN. 6 MGT. SVC. DIR. $�7 YOR iOR ASSISTANT) OTAL � OF SIGNATIIRE PAGSS 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQIIESTED: An ordinance to amend chapter 106 of the Saint Paul egislative Code to expand the boundaries of the Downtown-BUSiness Uistrict to allaw sale and service of alcoholic'beverages in sidewalk cafes on Harriet sland. COf4�]ENDATIONS: APPROVE �A) OR REJECT lR) ONAL SBR7ICS C�NTRACTS 1�ST AtiSWEB 'PBf! F�LL09PffiG: PLANNING COhA7ISSION CIVII. SERVICE COMMISSION 1. Has the person/firm ever worked under a contract for this department? CIB COMMITTEE BUSINESS REVIEW COUNCIL YES NO STAFF _ Has tnis personjfixm ever been a City employee2 DISTRICT CWRT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COUNCIL OBJECTIVE? Current City employee7 YES NO laln all Y€S anawaxs on a sepaxata aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): he Downtown Business District currently does not enaompass Harriet Island. DVANTAGES IF APPROVED: Saint Paul will improve the business environment and may attract more people owntown by allowing licensed establishments to sell and serve alcoholic everages at sidewalk cafes on Harriet Island. ISADVAPITAGES IF APPROVED: one ISADVANTAGES IF NOT APPROVED: Saint Paul will not improve the business environment and may not attract as any people downtown by allowing licensed establishments to sell and serve alcoholic beverages at sidewalk cafes on Harriet Island. OTAL AMOUNT OF TRANSACTION � COST/REVENUE BUDGETED YES NO FUNDII3G SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) ^'34:'^ T+5$ _ _ _ . — . �de54 h e . _, . a _ ,... a.� : . . . . ry 2�{�; �is.' 3 S ry i�d.}( __._ __'. . ____�.,.a 0 ¢': . � ..� ''� �� c : � � ��'• � , > "� \�� i � � � q�i ��'� � � -�, � � �� N� z � �.,� ° U 3 � �--�-� c I O w � � � O Q a� � � � Z L V i �- o�-�, �z_ I N S-4 � ~ U I uj : �-� � � w 5'+ �--�"..'1 �_ < c : .. .,� ,--� ,_._., c� `" �: 6 � � S� � c � -, �y � ' �� " : � � � �'-+ �- r�r >, ri �' 1J � F 4 _ u I �' � �i �--� U = - a C � , ' �!:�: � X � �� ':".. - - , ., � � ul N i , �� W Wm� � � � "•,\• � . H � O p �� , \ ,� �'� a H �s � o z � r , o � � ,� � � � � o � - D ' ; . \ p � a � � �° ., -_ >-.0 �� ° C:, F .' � � � / � '� � ��/ \s� O z O o ; -..� � = P �� '�/�� vy " p � r' / � �°ro� � � o a c :�� .i� � � a ¢ � ° zo _" ' - , �. ,� i / N c� ` v' { J l( X \� ` z F L�_.c � �. _"� �� . o -- �� . � ., � . �" j� � .'`'� .�� ` ` '.�..`��s ' �` � 00 x s�z .�� a� -, e �� /`� � , Q � > ��\� • . ,\ � 'p �'' °�/.. � U Q � � �: \ - � , �, � ry�, c - . _%� {. _ rs�, a : ;_,. •, . �s�� ca 2 . � / �� e�.o� � . � z o • ar. . a � ,- . .. � --� I � . - , . � � � �Q �� F O � . A � � � C ��i:� : � Q �� o , .. � �L � C] F U] Q � CC:=t :a,c�� ::�o �.r:g 955! -��` ; ``�� . • • �' '�� • r ��. � �� a \ �I i "� \ • . �� ✓ Council File # " I— lo Q 1 Ordinance # ,- .,s�'"�'` � . --. i � -� '. . Green Sheet # PAUL, MINNESOTA Presented By Referred To An ordinance to expand the boundaries of the owntown Business District to a11ow the sale and servic of alcoholic beverages within a sidewalk cafe on Harrie sland THE COUNCIL OF THE CTTY OF SAINT P Chapter 106 of the Saint Paul Legislative Sec. 106.01. Obstruction. 1'1-1 Date 30 hereby amended to read as follows: (a) Encumbrances or obstructi s prohibited. No person shall encumber or obshuct any sidewalk, lane, alley, public gro d, public landing, wharf or pier, or other public place by placing thereon or therein any 'lding materials, carriages, carts, wagons, sleighs, boxes, lumber, firewood, posts, awning r any other materials or substance whatever. (b) Sidewalk cafe exe tion. Any food establishment which operates a restaurant and is licensed under Chapter 33 of the Legislative Code may, with notice to the license inspector, expand the oper ion of that restaurant onto a part, and only that part, of the public sidewalk p�_"p��;:�a�[1" '" y_;�i��;�:,�� which immediately adjoins the licensed premises .. . : .. : .. . . . : .. ... : : . : ... . . .. :. .. : . ..: ..;... . . . .:. .: ..: . . : (hereafter referred to `sidewalk cafe"). The following restrictions shall apply; provided, however, that the lice se inspectar may without adverse hearing procedures impose additional reasonable restrictio s or withdraw approval upon the operation of any sidewalk cafe where necessary in the j gement of the license inspector to protect the public health, safety or welfare or to pre ent a nuisance from developing or continuing: (1) o sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of tliirty-six (36) inches must be maintaiued on the public sidewalk at all fimes. No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, a11 tables and chairs shall be kept in a clean, sanitary condition. (3) The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use. All public unprovements, including but not limited to, trees, light poles, tr�c signals, pull boxes or manholes, or any public-initiated ��`� �� maintenance procedures, shall take precedence over said use of the public � sidewalk at all tunes. (4) No aJcoholic beverages shall be allowed in the sidewalk cafe at any time. uch activity is governed by subsection 409.06(e}(2) of this Legislative Code Notwitlistanding the faregoing, the sale and service of alcoholic bev ges by a food establishment located in a commercial development district c ated pursuant to section 17.071 of the City Charter ar located in the owntown business district, which is licensed as a restaurant under Chap r 331 of the Legislative Code and which is in compliance with the pro ' ons of this secrion, is permitted. The downtown business district is defined ' subsection (8) below. The licenseholder shall, in addition to a11 other require nts of law, take reasonable steps to insure that alcoholic beverages aze onsumed only by patrons of the establishment who are of age, and no y passersby or persons who are not of age or who aze obviously intoxicat d. Reasonable steps may include the use of barriers or fences, supervisio of the outside area by security or staff personnel, and/or surveillance by elec nic monitors. Failure to take such reasonable steps and use them at all ti s that alcoholic beverages aze consumed in the sidewallc cafe is grounds r the imposition by the city council of a condition on the license to prohibit e of alcoholic beverages in the sidewalk cafe, and such condition shall ot be deemed to be an adverse action against the license, and does not req ' e the nofice and hearing procedures of section 310.05 of the Legislative C e. Such sidewalk cafes are deemed part of the licensed premises for all requ' ements of the law. (5) As part of a sidewalk cafe, a. Without the approva / b. In any alley; j tub shall be located or maintained: of the director of public works; c. At any loca�i"on where the distance from the face of the curb to the inside sid��alk is less than eight (8) feet; d. At any ocation less than fifty (50) feet from the nearest point of inter cfion with a street, except eighty (80) feet in bus loading areas, unl s the director of public works shall approve; e. f. 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 tr�c. (6) t shall be the duty of the licensed food establishment to maintain each plant tub at all times in a safe condifion at its proper location and to inspect each such tub periodically in arder that it may be properly maintained. Trees or plants and their tubs shall at all times be kept in a neat, clean and presentable condi6on. No advertising matter or sign or writing of any kind shall be displayed upon any tree or plant or its tub. (7) No sidewalk cafe exemption sha11 be effective unless the licensee has filed with C.��0� the license and permit division evidence of insurance insuriug the licensee against liability nnposed by law arising out of the ownership, maiutenance or operation of such sidewalk cafe in an amount to be established by the city's risk manager. The city shall be named an additional insured in the policy, providing such insurance and such policy shall fiuther provide that it m not be canceled except upon ten (10) or more day's written notice filed ' the license and permit division �� a'��c�:'G� �� (8) For purposes of subsection (4) above, the downtown portion of the City of Saint Paul lying within and bc streets: Beginning at the intersection of Shepazd Roa Chestnut Street to Interstate Freeway 35E, Interstat Street, Tenth Street to Interstate Freeway 94, Int sk Bridge, Lafayette Bridge to where the bridge c sses Warner Road to , i�e`� bus' ess district is that ed by the following with Chestnut Street, �reeway 35E to Tenth ;e Freeway 94 to Lafayette over Warner Road, (c) Sidewalk sales exemption. Any p son, parinership, firm or corporation ("person") which operates a retail business in Saint P may, with advance written notice to the director of the depariment of public works ("dire tor"), use a limited part of the public sidewalk which immediately adjoins the premises of s h retail business for the display and sale of its merchandise. All of the requirement and restricrions of this subsecrion (c) shall be binding upon such person and upon the di lay and sale of inerchandise. In addition, the director may, without adverse heazing proced s, impose additional reasonable restrictions upon, or withdraw approval of, the use f any sidewalk for retail sales where necessary in his or hex judgment to protect the publ' health, safety and welfare or to prevent a nuisance from developing or continuing. ithdrawal of approval may be for either a specified time or an indefinite period, within hich or after which no such person shall use the public sidewalk for the display or sale of erchandise. Such additional restrictions or withdrawal of approval shall be effective upon de ' ery of written notice thereof to the person, or an employee of the person at the busin ss premises involved. (1) e display and/or sale of inerchandise shall not be permitted in any portion of he public sidewalk where normal pedestrian tr�c flow is obstructed. A minimuxn clearance of at least thirty-six (36) inches must be maintained on the public sidewalk at all times. No display racks, tables or other equipment of any kind shall be placed, or pernutted to remain, on the public sidewalk during any period when merchandise is not displayed and available for purchase. While such merchandise is displayed and/or available for purchase, all racks, tables and other equipment shall be maintained in a clean and sanitary condition. (3) The use of a portion of the public sidewalk for retail display or sale shall not q� ��° � be an exclusive use. All public improvements including, but not limited to, trees, light poles, tr�c signals, pull boxes or manholes, or any public-initiated maintenance procedures or work, shall take precedence over said use of the public sidewalk at all times. The merchandise and display racks, tables and equipment shall be removed from the sidewalk ixnmediately to permit such public-initiated maintenance procedures or work. � (4) No alcoholic beverages shall be allowed on the public sidewalk at any time. (5) No plant tub sha11 be located or maintained on the public sidewalk as pa}�of the display and/or sale of inerchandise under this subsection. � (6) This subsection applies to and pernuts only the sale and display merchandise and goods, and does not pernut the sa1e, display or provision o services on the public sidewalk. This subsection does not apply to or allow e sale and display � of inerchandise and goods on public sidewalks by transie vendors or other persons who do not operate a retail business in a buildi g on the private property adjoining the public sidewalk where the sal and display take place. (7) No person sha11 sell or display merchandise, ar rmit the sale or display of merchandise, under this subsecflon unril he or e has first obtained liability insurance or an amendment or rider to an e'sting liability insurance policy insuring the said person and the City of S nt Paul and its officers and employees, against liability which mi arise out of the display or sale of merchandise by such person upon th ublic sidewalk in an amount at least equal to the maximum statutory li ility of the city, its officers and employees. Failure to obtain such insurance all be grounds for adverse action against all licenses held by such person, d shall be a misdemeanor violation of the Saint Paul Legislative Code. The ity of Saint Paul, together with its officers and employees, shall be name as additional insureds in the said liability insurance policy, and sha11 meet other requirements established by law or the city risk manager. (8) Failure to compl with the provisions of this subsection (c), or with the terms of additional r tricrions by the director, or with the terms of a withdrawal of approval by e director, shall be a misdemeanor, and shall be grounds for adverse a ion against all licenses held by such person. Sec. lOb.02. Sweepjfigs, etc., on sidewalks. No pers shall throw or deposit, or permit to be thrown or deposited, any snow, ice, dirt, paper, f or the sweepings of any house, store, shop or office, or any other material, other than d or ashes used for the purpose of preventing slipperiness, on or into any street, sidew ane, alley or public ground of the city; provided, however, that this section shall not be onshued as farbidding the throwing or depositing upon the street of snow which has falle upon the public sidewalks. No person sha11 sweep, push or in any manner whatsoever d osit any sweepings of the interior of any house, store, shop or ofFce onto the public idewalk fronting said premises, or into the street, alley or lane abutting said walk or premises. ��-�o� Sec. 106.03. Removing gravel, etc. No person shall dig, remove or carry away, or cause the same to be done, any stone, earth, sand or gravel from any street, lane, alley or public ground within the City of 5aint Paul. Sec. 106.04. Repair of wagons, etc. No person shall suffer any carriage, wagon, cart, sleigh or sled, for the purpose being repaired, or for any other purpose, to remain or staud in any street or lane, far n than one hour. / Sec. 106.05. Throwing stones, etc. It shall not be lawful for any person to throw stones or other r lane or alley within the limits of the city; nor for any person to shoot sleds on any of the public streets. Sec. 106.06. Sliding and coursing. No person shall slide or course upon hand sleds, : upon any sidewalk, street, lane, alley or public ground in Sec. 1Q6.07. Injuring streets, etc. No person shall make any drain, ditch or ground in said city, so as to injure the same or�f Sec. 106.08. Buildings oa. on any street, or coast with "or in any other manner, in or city. across any street, lane, alley or public its passage. No person sha11 build or place y building, in whole or in part, upon any street, alley, sidewalk or other public ground wi n the City of Saint Paul. Sec. 106.09. Merchandise, Except as pro� suffer to be placed, u merchandise, for sale exposed. / Sec. 106.10. ;ci;fn section 106.01(c) above, no person or persons sha11 place, or lany sidewalk in the City of 5aint Paul, any goods, wares or show, beyond the front line of the lot where such goods may be so etc. No son shall pile, deposit or place, or cause or permit to be deposlted, piled or placed, rubbish, wood, coal or merchandise, dirt, imped'unent or obstnxcrion of any kind, upon o over any sidewalk or crossing in said city, nor to occupy or pbstruct any sidewalk ar cross' g, so as to interfere with the convenient use of the same by all passengers. 10611. Receiving or delivering merchandise. Except as provided in section 106A1(c) above, no person or persons receiving or delivering goods, wazes or merchandise in the City of Saint Paul shall place or keep upon, ar 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 suffer to be placed or kept upon, any sidewalk any goods, wares or merchandise which he or they may be receiving or delivering without leauing a passageway cleaz upon such sidewalk where such goods may be of four (4) feet wlde for the use of pedestrians; and no person or persons receiving or delivering such goods shall suffer the same to remain on such sidewalk (subject, nevertheless, to the foregoing restrictions) for a longer period than twenty-four (24) hours. Sec. 10612. Auctions. No person or persons sha11 sell or attempt to sell, or shall cry for sale at public auction, in the City of Saint Paul any goods, chattels or personal properiy whatever o any person or persons upon the sidewalks or streets within the city so as to collect a owd upon the sidewalks and streets, whereby the free passage thereof to any person or p sons is prevented or hindered. This section shall include licensed auctioneers of the ity. And it is hereby made the express duty of the chief of police, and all police office of said city, to cause the strict observance of this and a11 other ordinances relative to obstruction of sidewalks and streets within said city. Section 2 This ozdinance shall take effect and be in force thirty (30) �ays following its passage, approval and publication. / q�'�°� Requested by Department of: i // � ��..r/%��` Adopted by Adoption C By: � . Date ied by Council Secretary by Mayor: Date Form Approved by City Attorney i BY: ��,� `� �-� Approved by Mayor for Submission to Council BY= �\�� L."��%�—