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97-603LL ORIG��At Presented By Referred To S �\ _ S � ` l �� _ � f �, ��-} Council File # `� 1 —' �o �� Y� "T 1 l Ordinance # Green Sheet # �� ORDINANCE ITY OF PAUL, MINNESOTA 3� Committee= Date An ordinance expanding the boundaries of the Downtown Business District for the purpose of allowing the sale and service of alcoholic beverages in a sidewalk cafe on the public dock on Harriet Island. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDA.IN: Section 1 Chapter 246 of the 5aint Paul Legislative Code is hereby amended to read as follows: Sec. 246.01. Drinking on streets and in parks. No person shall upon the public streets, lanes or alleys of the ciry, ar in any pazk, playground or recreation center owned by or under the jurisdiction ar control of the City of Saint Paul or in any parking lot or azea within or adjacent to such park, playground or recreation center, or being a trespasser upon the private premises of another, drink or have in his/her possession in an opened container any intoxicating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever. No person shall in any pazk, playground or recreation center owned by or under the jurisdiction or control of the City of Saint Paul or in any parking lot or parking azea within or adjacent to such park, playground or recreafion center, or being a trespasser upon the private premises of another, have in his possession any intoxicafing liquor, intoxicating malt liquor, noninto�cating malt liquor or alcoholic beverage of any kind whatever. No person shall have in his possession any intoxicating liquor, intoxicating malt liquor, noninto�cating malt liquor or alcoholic beverage of any kind whatever upon any public street, lane or alley located wittrin the boundaries of such a park, playground or recreation center; provided, however, that it sha11 be an affirmafive defense that possession was for the purpose of transportafion of such liquor or beverage through the park, playground or recreation center or to a designated shelter, facility or azea as provided herein, and where such liquor or beverage is in an unopened container. Notwithstanding the foregoing, any person may, from 8:00 a.m. to 8:00 pm., witYrin picnic shelters, facilities or areas within any pazk, playground or recreation center, which are designated for that purpose by the director of the department of community services or his delegate, drink or have in possession noninto�cating malt liquor. Notwithstanding any other provision of this chapter, the director of the department of community services or his delegate may issue permits for the consumption of intoxicating liquor in Town Square Park and Phalen Park Clubhouse during hours in which the sale of liquor by the drink is pernnitted by state law. All permits shall be subject to regulations which have been proposed by the director of (�R {�� s�es�:�.�� - ��7 e d t of community services and approved by the city council. Copies of the t�r-� _�03 2 regulations shall be on file in the offices of the city clerk, director of the department of 3 community services, and the superintendent of parks and reereation. Such regulations may be 4 amended by the council by resolution. 5 6 Sec. 246.02. Seizure and impoundment. 7 8 All intoxicating liquor, intoxicating or noninto�cating malt liquor, or alcoholic 9 beverages, dnink or possessed in violation of this chapter shall be seized and impounded as 10 evidence of said violations. Such evidence shall be destroyed by the depariment of police 11 upon a plea or finding of guilty in regard to any of said violations. 12 13 Sec. 246.03. Not applicable on licensed premises. 14 15 This chapter sha11 not apply to or prohibit the sale, possession or consumption of such 16 liquors or beverages on the premises of any establishment properly licensed under Chapter 17 409 or Chapter 410 of the 5aint Paul Legislative Code. 18 19 Notwithstanding the prohibitions of section 246.Ol,the sale and service of alcoholic 20 beverages within a sidewalk cafe by a food establishment located in a commercial 21 development district created pursuant to secrion 17.07.1 of the City Charter or located in the 22 downtown business district, which is licensed as a restaurant under Chapter 331 of the 23 Legislafive Code and which is in compliance with the provisions of section 106A1 of the 24 Legislative Code, is permitted. 25 26 Sec. 246.04. Designation of permitted shelters, facilities and areas. 27 28 The director of the department of community services sha11 promulgate, by filing with 29 the city clerk, a list or description of the picnic shelters, park facilities ar park areas within 30 which the possession and consumption of nonintoxicating malt liquox is pernutted by this 31 chapter between the hours of 8:00 a.m. and 8:00 p.m., together with such maps or illustrations 32 as may assist the public to comply with this chapter. The director shall also direct that 33 appropriate signs be erected at locations in which the consumption and possession of 34 nonintoxicating malt liquor is permitted, It shall not be a defense to a charge of violation of 35 this chapter that such informational signs, maps or illustrations are defaced or removed from 36 the shelters or facilities designated, so long as the list required by this section has been filed 37 with the city clerk. 38 39 Sec. 246.05. No consumption at any time in certain parks. 40 41 The director of the department of community services shall not have the power to 42 designate any shelter, facility or place within Hidden Falls Pazk or Crosby Lake Park for 43 pernvtted possession or consumption of noninto�cating malt liquor. No person shall at any 44 time consume or possess any intoxicating liquor, intoxicating or nonintoxicating malt liquor, 45 or alcoholic beverage of any kind in Hidden Falls Pazk or Crosby Lake Pazk. 46 47 Sec. 246.06. Definitions. 48 49 The following defuurions shall apply in the interpretation and enforcement of this 50 chapter: 51 S �.bs �:-�- ��-� I� 1 w 1 (1) The term "intoxicating liquor" and the term "into�cating malt liquor" mean 0 P� G 4�1 A L and include ethyl alcohol, distilled, fermented, spirituous, vinous or malt beverages containing in excess of three and two-tenths (3.2) percent of alcohol `fl 3 4 by weight or containing in excess of four (4.0) percent alcohol by volume. �� 5 6 (2) The term "nonintoxicating malt liquor" means and includes any malt liquor 7 containiug not less than one-half of one percent (1/2 of 1%) of alcohol by 8 volume nor more than three and two-tenths (3.2) percent of alcohol by weight. 9 10 (3) The term "alcoholic bevezage" means and includes any beverage containing 11 ethyl alcohol in any quantity or amount. 12 13 (4) The term "downtown business district" means and includes that portion of the 14 City of Saint Paul lying within and bounded by the following streets: 15 Beginuing at the intersection of Shepard Road with Chesmut Street, Chesinut 16 Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Sh�eet, Tenth 17 Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge, 18 Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road 19 to , �`��'�s�s�� ..::�_::�.:;:.:�:�.:.�.......�.:.�>...,..: s ;.::,._.. ,<:_.:::,;......... �:��..„ .........:::....... ...:...:..:.�.. . . .... .. ., .....: ._. . 20 �r�ss;<:t�'.A�'�i �::1��r:tt�:�1��?��:1�rie�aii:�i��i�t:�a'i�:cr��e:i�u�r;' >.;:.�,>.,....>..;. >.:.n,..,...<,.;�,...�,.o..:o: : -:;<�.:.�: >.>.._:.,....:..:< <:.-.> .....:.......�..... . ,�..,. ....<.>,>.�,.,��:<. .......:.: .::. .,..,,:;:.::......., -,o.,..... .:....... . .. .......:...�..: ,...:._. . :....... . .. ....... . . 21 t�e��,�°�.��rt�:d��ey,�€z��<;ai$�:�i�;:S�i�e��ii�t�:;�:<<�a�'�i�iti�a�:�v��.'i� �::,:.... ..,..... . ., . ..... 22 i�f�i�� `Li€`�`z�i:�';;;�nd �n in � str�ght 1�n� �cs`us�� ppi �i��r .....�.:�;....� ,,... .,,....., ,... ..�;...,:_ .....,..,� .:.�..:.,�„ <. 23 t�<�i�5di�fi�z��Eztii�i�E1�'s�:Iz�s�ii�:'`a'��<:�3�,�i,( �begazC�;�� :,. ni:;:�ro--��.'T�t`� ,�<:::::,:<.,«,,.>,<::�.�.,.;.<..:.�.::., <,_,.: ..... ..:. ......... ,.,.,:..:.>,,.,._�: ::.:.,>�; _<:,:.::: ,..;..;,. .. ..... �...... 24 1��#ic�i��n€T;:�' t<tl,��i�€ `tii�i��'�;�i�;;t��E;a�,<s�f �li��i�i'`:at�a��se�1 ;,>,,,::;.:::<;..:-:«.:<.�,�...: a��...<;.:... ,....: �.,...: , :.:.�,;;.<�..�::;..,;.�..>. _:�:;< :..:............�..:. ,..,..:.....,._ ;.,:1�.:......:..:.. .... > ,, ,>., .. : ..:..,,,<. _. .... ... ... �: : . ..... ,,. asi�T ��a f��1:-lr.ex ..:...:.:.. .: .:. ,.. . ,.. . <. .,....�. . . ., . 25 �ft�;.au�';azx��Y�#�tt';`_�. ..::.:.::.:::...�.:<.: ;.::.,:��' ::;.. �reri��; �..... � 26 <........:.> .............: �:.:,..... �..,........:.:..:........,..:,...,.. 27 Section 2 28 29 30 This ordinance shall take effect and be in farce thirty (30) days from and after its passage, 31 approval and publication. 32 33 34 By Appr By: P[lAI fsNCn JUL 1� 7997 Requested by Department of: li!'� ; r � �/ � Form Approved by City At rney BY � ---��=` ) !i cZa �yc,C-� V by Mayor for Submission to �� Adopted by Council: Date�,�_25 �qq� �� Adoption Certified by Council Secretary OFFICE OF LIEP Date: 6 �� May 12, 1997 GREEN SHEE N° 5189 - PARTMENT DIRECTOR ZTY COUNCIL ITY ATTORNEY ITY Q,ERK ust be OR Council Agenda by: �Ex Dixecxox IN. 5 MGT. SVC. DIR. SAP YOR (OR ASSISTANT) OTAI, � OF SIGNATIIRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: An ordinance to amend chapter 246 of the Saint Paul egislative Code to expand the boundaries of the Downtown Business District to allow sale and service of alcoholic beverages in sidewalk cafes on Harriet Island. COMMENDATIONS: APPROVE (A) OR REJECT (R) ONA7. SERVIC6 CANTRACTS MOST ANSWffi2 TH6 MILLOSPiN6: PLANNING COT43ISSION CIVII, SERVICE COhII�iISSZON g. Has the person/firm ever worked under a eontract for this department? CIB COMhfITTEE BUSINESS REVIEW COUNCIL YES NO STAFF _ Has this person/firm ever been a City employee? DISTRICT WURT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COONCIL OBJECTIVE? Current City employee7 YES NQ all Y85 anaaera on a aepazate aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, WheYe, Why): he Downtown Business District currently does not encompass Harriet Island. VANTAGES IF APPROVED: Saint Paul will improve the business environment and may attract more people downtown by allowing licensed establishments to sell and serve alcoholic everages at sidewalk cafes on Harriet island. DISADVANTAGES 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 S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) '�'��=:t�^.� e��,�,„��-�&; �`.�.'��P . � a�� irj:=ii� �- � iJ�� council File # �3 Ordinance # �:�,�. . . _ , . 3a PAUL, MINNESOTA Presented By Referred To Green Sheet # 7�� Committee : An ordinance expanding the boundaries of the Down wn Business District for the purpose of allowing the s e and service of alcoholic beverages in sidewallc cafes on H' t Island. THE COUNCIL OF THE CTTY OF SAINT PAUL D ES ORDAIN: Section 1 Chapter 246 of the Saint Paul Legislative Code � hereby amended to read as follows: Sec. 246.01. Drinking on streets and in No person sha11 upon the public playground or recreation center owne Saint Paul or in any parking lot or ea recreation center, or being a tresp ser his/her possession in an opened ontain nonintoxicating malt liquor or coholic any park, playground or rec ation cent City of Saint Paul or in pazking loi playground or recreatio center, or beir haue in his possession y intoxicating liquor or alcoholic b erage of any kin� intoxicating liquar mto�cating malt lic of any kind wha ver upon any public : such a pazk, pl ground or recreation c defense that ossession was for the put7 through th�ark, playground or recreat �Ereets, lanes or alleys of the city, or in any park, ry or under the jurisdiction or control of the City of within or adjacentto such park, playground or pon the private premises of another, drink or have in r any intoxicating liquor, intoxicating malt liquor, beverage of any kind whatever. No person shall in r owned by or under the jurisdiction or control of the ar pazking azea within or adjacent to such park, ; a trespasser upon the private premises of another, iquor, into�cating malt liquor, nonintoxicating malt whatever. No person sha11 have in his possession any xor, nonintoxicating malt liquor or alcoholic beverage reet, lane or alley located within the boundaries of nter; provided, however, that it sha11 be an affirmafive ose of transportation of such liquor or beverage �n center or to a designated shelter, facility or azea as yruv�ueu icreui, anu wnere sucn uquor or oeverage is in an unopenea conuuner. Notwi standing the foregoing, any person may, from 8:00 a.m. to 8:00 p.m., wiUun picnic shelt rs, facilities or areas within any pazk, playground or recreation center, which are de 'gnated for that purpose by the director of the department of community services or his legate, drink or have in possession nonintoxicating malt liquor. Notwithstanding any other provision of this chapter, the director of the department of community services or his delegate may issue permits for the consumption of intoxicating liquor in Town Square Park and Phalen Park Clubhouse during hours in which the sale of liquor by the drink is permitted by state law. All permits sha11 be subject to regulations which have been proposed by the director of the department of community services and approved by the city council. Copies of the regulations shall be on file in the offices of the city clerk, director of the departrnent of Q� —` � community services, and the superintendent of pazks and recreation. Such regulations may be amended by the council by resolution. Sec. 246.02. Seizure and impoundment. All into�cating liquor, into�cating or noninto�cating malt liquor, or alcoholic beverages, drunk or possessed in violation of this chapter shall be seized and impoun d as evidence of said violations. Such evidence shall be destroyed by the department o olice upon a plea or finding of guilty in regazd to any of said violations. Sec. 246.03. Not applicable on licensed premises. This chapter sha11 not apply to or prohibit the sale, possessi� liquors or beverages on the premises of any establishment properly 409 or Chapter 410 of the Saint Paul Legislative Code. � Notwithstanding the prohibitions of section 246.01, beverages within a sidewalk cafe by a food establishment ] development district created pursuant to section 17.07.1 downtown business district, which is licensed as a res a Legislative Code and which is in compliance with th pro� Legislative Code, is pernutted. consumprion of such >ed under Chapter � sa1e and service of alcoholic cated in a commercial the City Charter or located in the rt under Chapter 331 of the isions of section 106.01 of the Sec. 246.04. Designation of permitted shelter�e; facilities and areas. The d'uector of the deparhnent of c unity services sha11 promulgate, by filing with the city clerk, a list or description of the icnic shelters, pazk facilities or pazk azeas within which the possession and consumption nonintoxicating malt liquor is permitted by this chapter between the hours of 8:00 a. . and 8:00 p.m., together with such maps or illustrations as may assist the public to comply 'th this chapter. The director shall also direct that appropriate signs be erected at lo tions in which the consumption and possession of nonintoxicaring malt liquor is p 'tted. It shall not be a defense to a charge of violation of this chapter that such informa'onal signs, maps or illustrations are defaced or removed from the shelters or facilities desi nated, so long as the list required by this section has been filed with the city clerk. Sec. 246.05. No at any time in certain parks. The direct of the deparhnent of community services sha11 not have the power to designate any s ter, facility or place within Hidden Falls Park or Crosby Lake Park for pernritted poss ssion ar consumption of nonintoxicafing malt liquor. No person shall at any time cons or possess any into�cating liquor, intoxicating or nonintoxicating malt liquor, or alcohol' beverage of any kind in Hidden Falls Pazk or Crosby Lake Park. Sec. 24Y.06. Defmitions. The following definitions shall apply in the interpretation and enforcement of this (1) The terxn "intoxicating liquor" and the term "intoxicating malt liquor" mean and include ethyl alcohol, distilled, fermented, spirituous, vinous or malt beverages containing in excess of three and two-tenths (3.2) percent of alcohol by weight or containiug in excess of four (4.0) pexcent alcohol by volume. ��,� �.3 2 �lude that portion of the llo mg streets: i tnut Street, Chesmut E to Tenth Street, Tenth to Lafayette Bridge, rner Road, Warner Road Tlus ordinance shall take effect and be in�force thirty (30) days from and after its passage, approval and publication. � Requested by Department of: Adopted by Adoption C By: Approved /b / By: (2) The term "nonintoxicatvng malt liquor" means and includes any malt liquor contaiuiug not less than one-half of one percent (1/2 of 1%) of alcohol� volume nor more than three and two-tenths (3.2) percent of alcohol by eig] (3) The term "alcoholic bevera�e" means and includes any ethyl alcohol in any quantity or amount. (4) The term "downtown business district" means and City of Saint Paul lying within and bounded by the Begnuiing at the intersection of Shepard Road with Street to Interstate Freeway 35E, Interstate Freeway Street to Interstate Freeway 94, Interstate Freeway � Lafayette Bridge to where the bridge crosses over to . €lie :�?✓a��lia B cle� . Date ied by Council Secretary Mayor: Date L.1/i��i" � /�i_�� Form Approved by City Atto� By: V! .IivGG� G�av�c-eC Approved by Mayor for Submission to Counc�\` q J `��2��'u�� By: % LL ORIG��At Presented By Referred To S �\ _ S � ` l �� _ � f �, ��-} Council File # `� 1 —' �o �� Y� "T 1 l Ordinance # Green Sheet # �� ORDINANCE ITY OF PAUL, MINNESOTA 3� Committee= Date An ordinance expanding the boundaries of the Downtown Business District for the purpose of allowing the sale and service of alcoholic beverages in a sidewalk cafe on the public dock on Harriet Island. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDA.IN: Section 1 Chapter 246 of the 5aint Paul Legislative Code is hereby amended to read as follows: Sec. 246.01. Drinking on streets and in parks. No person shall upon the public streets, lanes or alleys of the ciry, ar in any pazk, playground or recreation center owned by or under the jurisdiction ar control of the City of Saint Paul or in any parking lot or azea within or adjacent to such park, playground or recreation center, or being a trespasser upon the private premises of another, drink or have in his/her possession in an opened container any intoxicating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever. No person shall in any pazk, playground or recreation center owned by or under the jurisdiction or control of the City of Saint Paul or in any parking lot or parking azea within or adjacent to such park, playground or recreafion center, or being a trespasser upon the private premises of another, have in his possession any intoxicafing liquor, intoxicating malt liquor, noninto�cating malt liquor or alcoholic beverage of any kind whatever. No person shall have in his possession any intoxicating liquor, intoxicating malt liquor, noninto�cating malt liquor or alcoholic beverage of any kind whatever upon any public street, lane or alley located wittrin the boundaries of such a park, playground or recreation center; provided, however, that it sha11 be an affirmafive defense that possession was for the purpose of transportafion of such liquor or beverage through the park, playground or recreation center or to a designated shelter, facility or azea as provided herein, and where such liquor or beverage is in an unopened container. Notwithstanding the foregoing, any person may, from 8:00 a.m. to 8:00 pm., witYrin picnic shelters, facilities or areas within any pazk, playground or recreation center, which are designated for that purpose by the director of the department of community services or his delegate, drink or have in possession noninto�cating malt liquor. Notwithstanding any other provision of this chapter, the director of the department of community services or his delegate may issue permits for the consumption of intoxicating liquor in Town Square Park and Phalen Park Clubhouse during hours in which the sale of liquor by the drink is pernnitted by state law. All permits shall be subject to regulations which have been proposed by the director of (�R {�� s�es�:�.�� - ��7 e d t of community services and approved by the city council. Copies of the t�r-� _�03 2 regulations shall be on file in the offices of the city clerk, director of the department of 3 community services, and the superintendent of parks and reereation. Such regulations may be 4 amended by the council by resolution. 5 6 Sec. 246.02. Seizure and impoundment. 7 8 All intoxicating liquor, intoxicating or noninto�cating malt liquor, or alcoholic 9 beverages, dnink or possessed in violation of this chapter shall be seized and impounded as 10 evidence of said violations. Such evidence shall be destroyed by the depariment of police 11 upon a plea or finding of guilty in regard to any of said violations. 12 13 Sec. 246.03. Not applicable on licensed premises. 14 15 This chapter sha11 not apply to or prohibit the sale, possession or consumption of such 16 liquors or beverages on the premises of any establishment properly licensed under Chapter 17 409 or Chapter 410 of the 5aint Paul Legislative Code. 18 19 Notwithstanding the prohibitions of section 246.Ol,the sale and service of alcoholic 20 beverages within a sidewalk cafe by a food establishment located in a commercial 21 development district created pursuant to secrion 17.07.1 of the City Charter or located in the 22 downtown business district, which is licensed as a restaurant under Chapter 331 of the 23 Legislafive Code and which is in compliance with the provisions of section 106A1 of the 24 Legislative Code, is permitted. 25 26 Sec. 246.04. Designation of permitted shelters, facilities and areas. 27 28 The director of the department of community services sha11 promulgate, by filing with 29 the city clerk, a list or description of the picnic shelters, park facilities ar park areas within 30 which the possession and consumption of nonintoxicating malt liquox is pernutted by this 31 chapter between the hours of 8:00 a.m. and 8:00 p.m., together with such maps or illustrations 32 as may assist the public to comply with this chapter. The director shall also direct that 33 appropriate signs be erected at locations in which the consumption and possession of 34 nonintoxicating malt liquor is permitted, It shall not be a defense to a charge of violation of 35 this chapter that such informational signs, maps or illustrations are defaced or removed from 36 the shelters or facilities designated, so long as the list required by this section has been filed 37 with the city clerk. 38 39 Sec. 246.05. No consumption at any time in certain parks. 40 41 The director of the department of community services shall not have the power to 42 designate any shelter, facility or place within Hidden Falls Pazk or Crosby Lake Park for 43 pernvtted possession or consumption of noninto�cating malt liquor. No person shall at any 44 time consume or possess any intoxicating liquor, intoxicating or nonintoxicating malt liquor, 45 or alcoholic beverage of any kind in Hidden Falls Pazk or Crosby Lake Pazk. 46 47 Sec. 246.06. Definitions. 48 49 The following defuurions shall apply in the interpretation and enforcement of this 50 chapter: 51 S �.bs �:-�- ��-� I� 1 w 1 (1) The term "intoxicating liquor" and the term "into�cating malt liquor" mean 0 P� G 4�1 A L and include ethyl alcohol, distilled, fermented, spirituous, vinous or malt beverages containing in excess of three and two-tenths (3.2) percent of alcohol `fl 3 4 by weight or containing in excess of four (4.0) percent alcohol by volume. �� 5 6 (2) The term "nonintoxicating malt liquor" means and includes any malt liquor 7 containiug not less than one-half of one percent (1/2 of 1%) of alcohol by 8 volume nor more than three and two-tenths (3.2) percent of alcohol by weight. 9 10 (3) The term "alcoholic bevezage" means and includes any beverage containing 11 ethyl alcohol in any quantity or amount. 12 13 (4) The term "downtown business district" means and includes that portion of the 14 City of Saint Paul lying within and bounded by the following streets: 15 Beginuing at the intersection of Shepard Road with Chesmut Street, Chesinut 16 Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Sh�eet, Tenth 17 Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge, 18 Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road 19 to , �`��'�s�s�� ..::�_::�.:;:.:�:�.:.�.......�.:.�>...,..: s ;.::,._.. ,<:_.:::,;......... �:��..„ .........:::....... ...:...:..:.�.. . . .... .. ., .....: ._. . 20 �r�ss;<:t�'.A�'�i �::1��r:tt�:�1��?��:1�rie�aii:�i��i�t:�a'i�:cr��e:i�u�r;' >.;:.�,>.,....>..;. >.:.n,..,...<,.;�,...�,.o..:o: : -:;<�.:.�: >.>.._:.,....:..:< <:.-.> .....:.......�..... . ,�..,. ....<.>,>.�,.,��:<. .......:.: .::. .,..,,:;:.::......., -,o.,..... .:....... . .. .......:...�..: ,...:._. . :....... . .. ....... . . 21 t�e��,�°�.��rt�:d��ey,�€z��<;ai$�:�i�;:S�i�e��ii�t�:;�:<<�a�'�i�iti�a�:�v��.'i� �::,:.... ..,..... . ., . ..... 22 i�f�i�� `Li€`�`z�i:�';;;�nd �n in � str�ght 1�n� �cs`us�� ppi �i��r .....�.:�;....� ,,... .,,....., ,... ..�;...,:_ .....,..,� .:.�..:.,�„ <. 23 t�<�i�5di�fi�z��Eztii�i�E1�'s�:Iz�s�ii�:'`a'��<:�3�,�i,( �begazC�;�� :,. ni:;:�ro--��.'T�t`� ,�<:::::,:<.,«,,.>,<::�.�.,.;.<..:.�.::., <,_,.: ..... ..:. ......... ,.,.,:..:.>,,.,._�: ::.:.,>�; _<:,:.::: ,..;..;,. .. ..... �...... 24 1��#ic�i��n€T;:�' t<tl,��i�€ `tii�i��'�;�i�;;t��E;a�,<s�f �li��i�i'`:at�a��se�1 ;,>,,,::;.:::<;..:-:«.:<.�,�...: a��...<;.:... ,....: �.,...: , :.:.�,;;.<�..�::;..,;.�..>. _:�:;< :..:............�..:. ,..,..:.....,._ ;.,:1�.:......:..:.. .... > ,, ,>., .. : ..:..,,,<. _. .... ... ... �: : . ..... ,,. asi�T ��a f��1:-lr.ex ..:...:.:.. .: .:. ,.. . ,.. . <. .,....�. . . ., . 25 �ft�;.au�';azx��Y�#�tt';`_�. ..::.:.::.:::...�.:<.: ;.::.,:��' ::;.. �reri��; �..... � 26 <........:.> .............: �:.:,..... �..,........:.:..:........,..:,...,.. 27 Section 2 28 29 30 This ordinance shall take effect and be in farce thirty (30) days from and after its passage, 31 approval and publication. 32 33 34 By Appr By: P[lAI fsNCn JUL 1� 7997 Requested by Department of: li!'� ; r � �/ � Form Approved by City At rney BY � ---��=` ) !i cZa �yc,C-� V by Mayor for Submission to �� Adopted by Council: Date�,�_25 �qq� �� Adoption Certified by Council Secretary OFFICE OF LIEP Date: 6 �� May 12, 1997 GREEN SHEE N° 5189 - PARTMENT DIRECTOR ZTY COUNCIL ITY ATTORNEY ITY Q,ERK ust be OR Council Agenda by: �Ex Dixecxox IN. 5 MGT. SVC. DIR. SAP YOR (OR ASSISTANT) OTAI, � OF SIGNATIIRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: An ordinance to amend chapter 246 of the Saint Paul egislative Code to expand the boundaries of the Downtown Business District to allow sale and service of alcoholic beverages in sidewalk cafes on Harriet Island. COMMENDATIONS: APPROVE (A) OR REJECT (R) ONA7. SERVIC6 CANTRACTS MOST ANSWffi2 TH6 MILLOSPiN6: PLANNING COT43ISSION CIVII, SERVICE COhII�iISSZON g. Has the person/firm ever worked under a eontract for this department? CIB COMhfITTEE BUSINESS REVIEW COUNCIL YES NO STAFF _ Has this person/firm ever been a City employee? DISTRICT WURT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COONCIL OBJECTIVE? Current City employee7 YES NQ all Y85 anaaera on a aepazate aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, WheYe, Why): he Downtown Business District currently does not encompass Harriet Island. VANTAGES IF APPROVED: Saint Paul will improve the business environment and may attract more people downtown by allowing licensed establishments to sell and serve alcoholic everages at sidewalk cafes on Harriet island. DISADVANTAGES 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 S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) '�'��=:t�^.� e��,�,„��-�&; �`.�.'��P . � a�� irj:=ii� �- � iJ�� council File # �3 Ordinance # �:�,�. . . _ , . 3a PAUL, MINNESOTA Presented By Referred To Green Sheet # 7�� Committee : An ordinance expanding the boundaries of the Down wn Business District for the purpose of allowing the s e and service of alcoholic beverages in sidewallc cafes on H' t Island. THE COUNCIL OF THE CTTY OF SAINT PAUL D ES ORDAIN: Section 1 Chapter 246 of the Saint Paul Legislative Code � hereby amended to read as follows: Sec. 246.01. Drinking on streets and in No person sha11 upon the public playground or recreation center owne Saint Paul or in any parking lot or ea recreation center, or being a tresp ser his/her possession in an opened ontain nonintoxicating malt liquor or coholic any park, playground or rec ation cent City of Saint Paul or in pazking loi playground or recreatio center, or beir haue in his possession y intoxicating liquor or alcoholic b erage of any kin� intoxicating liquar mto�cating malt lic of any kind wha ver upon any public : such a pazk, pl ground or recreation c defense that ossession was for the put7 through th�ark, playground or recreat �Ereets, lanes or alleys of the city, or in any park, ry or under the jurisdiction or control of the City of within or adjacentto such park, playground or pon the private premises of another, drink or have in r any intoxicating liquor, intoxicating malt liquor, beverage of any kind whatever. No person shall in r owned by or under the jurisdiction or control of the ar pazking azea within or adjacent to such park, ; a trespasser upon the private premises of another, iquor, into�cating malt liquor, nonintoxicating malt whatever. No person sha11 have in his possession any xor, nonintoxicating malt liquor or alcoholic beverage reet, lane or alley located within the boundaries of nter; provided, however, that it sha11 be an affirmafive ose of transportation of such liquor or beverage �n center or to a designated shelter, facility or azea as yruv�ueu icreui, anu wnere sucn uquor or oeverage is in an unopenea conuuner. Notwi standing the foregoing, any person may, from 8:00 a.m. to 8:00 p.m., wiUun picnic shelt rs, facilities or areas within any pazk, playground or recreation center, which are de 'gnated for that purpose by the director of the department of community services or his legate, drink or have in possession nonintoxicating malt liquor. Notwithstanding any other provision of this chapter, the director of the department of community services or his delegate may issue permits for the consumption of intoxicating liquor in Town Square Park and Phalen Park Clubhouse during hours in which the sale of liquor by the drink is permitted by state law. All permits sha11 be subject to regulations which have been proposed by the director of the department of community services and approved by the city council. Copies of the regulations shall be on file in the offices of the city clerk, director of the departrnent of Q� —` � community services, and the superintendent of pazks and recreation. Such regulations may be amended by the council by resolution. Sec. 246.02. Seizure and impoundment. All into�cating liquor, into�cating or noninto�cating malt liquor, or alcoholic beverages, drunk or possessed in violation of this chapter shall be seized and impoun d as evidence of said violations. Such evidence shall be destroyed by the department o olice upon a plea or finding of guilty in regazd to any of said violations. Sec. 246.03. Not applicable on licensed premises. This chapter sha11 not apply to or prohibit the sale, possessi� liquors or beverages on the premises of any establishment properly 409 or Chapter 410 of the Saint Paul Legislative Code. � Notwithstanding the prohibitions of section 246.01, beverages within a sidewalk cafe by a food establishment ] development district created pursuant to section 17.07.1 downtown business district, which is licensed as a res a Legislative Code and which is in compliance with th pro� Legislative Code, is pernutted. consumprion of such >ed under Chapter � sa1e and service of alcoholic cated in a commercial the City Charter or located in the rt under Chapter 331 of the isions of section 106.01 of the Sec. 246.04. Designation of permitted shelter�e; facilities and areas. The d'uector of the deparhnent of c unity services sha11 promulgate, by filing with the city clerk, a list or description of the icnic shelters, pazk facilities or pazk azeas within which the possession and consumption nonintoxicating malt liquor is permitted by this chapter between the hours of 8:00 a. . and 8:00 p.m., together with such maps or illustrations as may assist the public to comply 'th this chapter. The director shall also direct that appropriate signs be erected at lo tions in which the consumption and possession of nonintoxicaring malt liquor is p 'tted. It shall not be a defense to a charge of violation of this chapter that such informa'onal signs, maps or illustrations are defaced or removed from the shelters or facilities desi nated, so long as the list required by this section has been filed with the city clerk. Sec. 246.05. No at any time in certain parks. The direct of the deparhnent of community services sha11 not have the power to designate any s ter, facility or place within Hidden Falls Park or Crosby Lake Park for pernritted poss ssion ar consumption of nonintoxicafing malt liquor. No person shall at any time cons or possess any into�cating liquor, intoxicating or nonintoxicating malt liquor, or alcohol' beverage of any kind in Hidden Falls Pazk or Crosby Lake Park. Sec. 24Y.06. Defmitions. The following definitions shall apply in the interpretation and enforcement of this (1) The terxn "intoxicating liquor" and the term "intoxicating malt liquor" mean and include ethyl alcohol, distilled, fermented, spirituous, vinous or malt beverages containing in excess of three and two-tenths (3.2) percent of alcohol by weight or containiug in excess of four (4.0) pexcent alcohol by volume. ��,� �.3 2 �lude that portion of the llo mg streets: i tnut Street, Chesmut E to Tenth Street, Tenth to Lafayette Bridge, rner Road, Warner Road Tlus ordinance shall take effect and be in�force thirty (30) days from and after its passage, approval and publication. � Requested by Department of: Adopted by Adoption C By: Approved /b / By: (2) The term "nonintoxicatvng malt liquor" means and includes any malt liquor contaiuiug not less than one-half of one percent (1/2 of 1%) of alcohol� volume nor more than three and two-tenths (3.2) percent of alcohol by eig] (3) The term "alcoholic bevera�e" means and includes any ethyl alcohol in any quantity or amount. (4) The term "downtown business district" means and City of Saint Paul lying within and bounded by the Begnuiing at the intersection of Shepard Road with Street to Interstate Freeway 35E, Interstate Freeway Street to Interstate Freeway 94, Interstate Freeway � Lafayette Bridge to where the bridge crosses over to . €lie :�?✓a��lia B cle� . Date ied by Council Secretary Mayor: Date L.1/i��i" � /�i_�� Form Approved by City Atto� By: V! .IivGG� G�av�c-eC Approved by Mayor for Submission to Counc�\` q J `��2��'u�� By: % LL ORIG��At Presented By Referred To S �\ _ S � ` l �� _ � f �, ��-} Council File # `� 1 —' �o �� Y� "T 1 l Ordinance # Green Sheet # �� ORDINANCE ITY OF PAUL, MINNESOTA 3� Committee= Date An ordinance expanding the boundaries of the Downtown Business District for the purpose of allowing the sale and service of alcoholic beverages in a sidewalk cafe on the public dock on Harriet Island. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDA.IN: Section 1 Chapter 246 of the 5aint Paul Legislative Code is hereby amended to read as follows: Sec. 246.01. Drinking on streets and in parks. No person shall upon the public streets, lanes or alleys of the ciry, ar in any pazk, playground or recreation center owned by or under the jurisdiction ar control of the City of Saint Paul or in any parking lot or azea within or adjacent to such park, playground or recreation center, or being a trespasser upon the private premises of another, drink or have in his/her possession in an opened container any intoxicating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever. No person shall in any pazk, playground or recreation center owned by or under the jurisdiction or control of the City of Saint Paul or in any parking lot or parking azea within or adjacent to such park, playground or recreafion center, or being a trespasser upon the private premises of another, have in his possession any intoxicafing liquor, intoxicating malt liquor, noninto�cating malt liquor or alcoholic beverage of any kind whatever. No person shall have in his possession any intoxicating liquor, intoxicating malt liquor, noninto�cating malt liquor or alcoholic beverage of any kind whatever upon any public street, lane or alley located wittrin the boundaries of such a park, playground or recreation center; provided, however, that it sha11 be an affirmafive defense that possession was for the purpose of transportafion of such liquor or beverage through the park, playground or recreation center or to a designated shelter, facility or azea as provided herein, and where such liquor or beverage is in an unopened container. Notwithstanding the foregoing, any person may, from 8:00 a.m. to 8:00 pm., witYrin picnic shelters, facilities or areas within any pazk, playground or recreation center, which are designated for that purpose by the director of the department of community services or his delegate, drink or have in possession noninto�cating malt liquor. Notwithstanding any other provision of this chapter, the director of the department of community services or his delegate may issue permits for the consumption of intoxicating liquor in Town Square Park and Phalen Park Clubhouse during hours in which the sale of liquor by the drink is pernnitted by state law. All permits shall be subject to regulations which have been proposed by the director of (�R {�� s�es�:�.�� - ��7 e d t of community services and approved by the city council. Copies of the t�r-� _�03 2 regulations shall be on file in the offices of the city clerk, director of the department of 3 community services, and the superintendent of parks and reereation. Such regulations may be 4 amended by the council by resolution. 5 6 Sec. 246.02. Seizure and impoundment. 7 8 All intoxicating liquor, intoxicating or noninto�cating malt liquor, or alcoholic 9 beverages, dnink or possessed in violation of this chapter shall be seized and impounded as 10 evidence of said violations. Such evidence shall be destroyed by the depariment of police 11 upon a plea or finding of guilty in regard to any of said violations. 12 13 Sec. 246.03. Not applicable on licensed premises. 14 15 This chapter sha11 not apply to or prohibit the sale, possession or consumption of such 16 liquors or beverages on the premises of any establishment properly licensed under Chapter 17 409 or Chapter 410 of the 5aint Paul Legislative Code. 18 19 Notwithstanding the prohibitions of section 246.Ol,the sale and service of alcoholic 20 beverages within a sidewalk cafe by a food establishment located in a commercial 21 development district created pursuant to secrion 17.07.1 of the City Charter or located in the 22 downtown business district, which is licensed as a restaurant under Chapter 331 of the 23 Legislafive Code and which is in compliance with the provisions of section 106A1 of the 24 Legislative Code, is permitted. 25 26 Sec. 246.04. Designation of permitted shelters, facilities and areas. 27 28 The director of the department of community services sha11 promulgate, by filing with 29 the city clerk, a list or description of the picnic shelters, park facilities ar park areas within 30 which the possession and consumption of nonintoxicating malt liquox is pernutted by this 31 chapter between the hours of 8:00 a.m. and 8:00 p.m., together with such maps or illustrations 32 as may assist the public to comply with this chapter. The director shall also direct that 33 appropriate signs be erected at locations in which the consumption and possession of 34 nonintoxicating malt liquor is permitted, It shall not be a defense to a charge of violation of 35 this chapter that such informational signs, maps or illustrations are defaced or removed from 36 the shelters or facilities designated, so long as the list required by this section has been filed 37 with the city clerk. 38 39 Sec. 246.05. No consumption at any time in certain parks. 40 41 The director of the department of community services shall not have the power to 42 designate any shelter, facility or place within Hidden Falls Pazk or Crosby Lake Park for 43 pernvtted possession or consumption of noninto�cating malt liquor. No person shall at any 44 time consume or possess any intoxicating liquor, intoxicating or nonintoxicating malt liquor, 45 or alcoholic beverage of any kind in Hidden Falls Pazk or Crosby Lake Pazk. 46 47 Sec. 246.06. Definitions. 48 49 The following defuurions shall apply in the interpretation and enforcement of this 50 chapter: 51 S �.bs �:-�- ��-� I� 1 w 1 (1) The term "intoxicating liquor" and the term "into�cating malt liquor" mean 0 P� G 4�1 A L and include ethyl alcohol, distilled, fermented, spirituous, vinous or malt beverages containing in excess of three and two-tenths (3.2) percent of alcohol `fl 3 4 by weight or containing in excess of four (4.0) percent alcohol by volume. �� 5 6 (2) The term "nonintoxicating malt liquor" means and includes any malt liquor 7 containiug not less than one-half of one percent (1/2 of 1%) of alcohol by 8 volume nor more than three and two-tenths (3.2) percent of alcohol by weight. 9 10 (3) The term "alcoholic bevezage" means and includes any beverage containing 11 ethyl alcohol in any quantity or amount. 12 13 (4) The term "downtown business district" means and includes that portion of the 14 City of Saint Paul lying within and bounded by the following streets: 15 Beginuing at the intersection of Shepard Road with Chesmut Street, Chesinut 16 Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Sh�eet, Tenth 17 Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge, 18 Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road 19 to , �`��'�s�s�� ..::�_::�.:;:.:�:�.:.�.......�.:.�>...,..: s ;.::,._.. ,<:_.:::,;......... �:��..„ .........:::....... ...:...:..:.�.. . . .... .. ., .....: ._. . 20 �r�ss;<:t�'.A�'�i �::1��r:tt�:�1��?��:1�rie�aii:�i��i�t:�a'i�:cr��e:i�u�r;' >.;:.�,>.,....>..;. >.:.n,..,...<,.;�,...�,.o..:o: : -:;<�.:.�: >.>.._:.,....:..:< <:.-.> .....:.......�..... . ,�..,. ....<.>,>.�,.,��:<. .......:.: .::. .,..,,:;:.::......., -,o.,..... .:....... . .. .......:...�..: ,...:._. . :....... . .. ....... . . 21 t�e��,�°�.��rt�:d��ey,�€z��<;ai$�:�i�;:S�i�e��ii�t�:;�:<<�a�'�i�iti�a�:�v��.'i� �::,:.... ..,..... . ., . ..... 22 i�f�i�� `Li€`�`z�i:�';;;�nd �n in � str�ght 1�n� �cs`us�� ppi �i��r .....�.:�;....� ,,... .,,....., ,... ..�;...,:_ .....,..,� .:.�..:.,�„ <. 23 t�<�i�5di�fi�z��Eztii�i�E1�'s�:Iz�s�ii�:'`a'��<:�3�,�i,( �begazC�;�� :,. ni:;:�ro--��.'T�t`� ,�<:::::,:<.,«,,.>,<::�.�.,.;.<..:.�.::., <,_,.: ..... ..:. ......... ,.,.,:..:.>,,.,._�: ::.:.,>�; _<:,:.::: ,..;..;,. .. ..... �...... 24 1��#ic�i��n€T;:�' t<tl,��i�€ `tii�i��'�;�i�;;t��E;a�,<s�f �li��i�i'`:at�a��se�1 ;,>,,,::;.:::<;..:-:«.:<.�,�...: a��...<;.:... ,....: �.,...: , :.:.�,;;.<�..�::;..,;.�..>. _:�:;< :..:............�..:. ,..,..:.....,._ ;.,:1�.:......:..:.. .... > ,, ,>., .. : ..:..,,,<. _. .... ... ... �: : . ..... ,,. asi�T ��a f��1:-lr.ex ..:...:.:.. .: .:. ,.. . ,.. . <. .,....�. . . ., . 25 �ft�;.au�';azx��Y�#�tt';`_�. ..::.:.::.:::...�.:<.: ;.::.,:��' ::;.. �reri��; �..... � 26 <........:.> .............: �:.:,..... �..,........:.:..:........,..:,...,.. 27 Section 2 28 29 30 This ordinance shall take effect and be in farce thirty (30) days from and after its passage, 31 approval and publication. 32 33 34 By Appr By: P[lAI fsNCn JUL 1� 7997 Requested by Department of: li!'� ; r � �/ � Form Approved by City At rney BY � ---��=` ) !i cZa �yc,C-� V by Mayor for Submission to �� Adopted by Council: Date�,�_25 �qq� �� Adoption Certified by Council Secretary OFFICE OF LIEP Date: 6 �� May 12, 1997 GREEN SHEE N° 5189 - PARTMENT DIRECTOR ZTY COUNCIL ITY ATTORNEY ITY Q,ERK ust be OR Council Agenda by: �Ex Dixecxox IN. 5 MGT. SVC. DIR. SAP YOR (OR ASSISTANT) OTAI, � OF SIGNATIIRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: An ordinance to amend chapter 246 of the Saint Paul egislative Code to expand the boundaries of the Downtown Business District to allow sale and service of alcoholic beverages in sidewalk cafes on Harriet Island. COMMENDATIONS: APPROVE (A) OR REJECT (R) ONA7. SERVIC6 CANTRACTS MOST ANSWffi2 TH6 MILLOSPiN6: PLANNING COT43ISSION CIVII, SERVICE COhII�iISSZON g. Has the person/firm ever worked under a eontract for this department? CIB COMhfITTEE BUSINESS REVIEW COUNCIL YES NO STAFF _ Has this person/firm ever been a City employee? DISTRICT WURT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COONCIL OBJECTIVE? Current City employee7 YES NQ all Y85 anaaera on a aepazate aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, WheYe, Why): he Downtown Business District currently does not encompass Harriet Island. VANTAGES IF APPROVED: Saint Paul will improve the business environment and may attract more people downtown by allowing licensed establishments to sell and serve alcoholic everages at sidewalk cafes on Harriet island. DISADVANTAGES 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 S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) '�'��=:t�^.� e��,�,„��-�&; �`.�.'��P . � a�� irj:=ii� �- � iJ�� council File # �3 Ordinance # �:�,�. . . _ , . 3a PAUL, MINNESOTA Presented By Referred To Green Sheet # 7�� Committee : An ordinance expanding the boundaries of the Down wn Business District for the purpose of allowing the s e and service of alcoholic beverages in sidewallc cafes on H' t Island. THE COUNCIL OF THE CTTY OF SAINT PAUL D ES ORDAIN: Section 1 Chapter 246 of the Saint Paul Legislative Code � hereby amended to read as follows: Sec. 246.01. Drinking on streets and in No person sha11 upon the public playground or recreation center owne Saint Paul or in any parking lot or ea recreation center, or being a tresp ser his/her possession in an opened ontain nonintoxicating malt liquor or coholic any park, playground or rec ation cent City of Saint Paul or in pazking loi playground or recreatio center, or beir haue in his possession y intoxicating liquor or alcoholic b erage of any kin� intoxicating liquar mto�cating malt lic of any kind wha ver upon any public : such a pazk, pl ground or recreation c defense that ossession was for the put7 through th�ark, playground or recreat �Ereets, lanes or alleys of the city, or in any park, ry or under the jurisdiction or control of the City of within or adjacentto such park, playground or pon the private premises of another, drink or have in r any intoxicating liquor, intoxicating malt liquor, beverage of any kind whatever. No person shall in r owned by or under the jurisdiction or control of the ar pazking azea within or adjacent to such park, ; a trespasser upon the private premises of another, iquor, into�cating malt liquor, nonintoxicating malt whatever. No person sha11 have in his possession any xor, nonintoxicating malt liquor or alcoholic beverage reet, lane or alley located within the boundaries of nter; provided, however, that it sha11 be an affirmafive ose of transportation of such liquor or beverage �n center or to a designated shelter, facility or azea as yruv�ueu icreui, anu wnere sucn uquor or oeverage is in an unopenea conuuner. Notwi standing the foregoing, any person may, from 8:00 a.m. to 8:00 p.m., wiUun picnic shelt rs, facilities or areas within any pazk, playground or recreation center, which are de 'gnated for that purpose by the director of the department of community services or his legate, drink or have in possession nonintoxicating malt liquor. Notwithstanding any other provision of this chapter, the director of the department of community services or his delegate may issue permits for the consumption of intoxicating liquor in Town Square Park and Phalen Park Clubhouse during hours in which the sale of liquor by the drink is permitted by state law. All permits sha11 be subject to regulations which have been proposed by the director of the department of community services and approved by the city council. Copies of the regulations shall be on file in the offices of the city clerk, director of the departrnent of Q� —` � community services, and the superintendent of pazks and recreation. Such regulations may be amended by the council by resolution. Sec. 246.02. Seizure and impoundment. All into�cating liquor, into�cating or noninto�cating malt liquor, or alcoholic beverages, drunk or possessed in violation of this chapter shall be seized and impoun d as evidence of said violations. Such evidence shall be destroyed by the department o olice upon a plea or finding of guilty in regazd to any of said violations. Sec. 246.03. Not applicable on licensed premises. This chapter sha11 not apply to or prohibit the sale, possessi� liquors or beverages on the premises of any establishment properly 409 or Chapter 410 of the Saint Paul Legislative Code. � Notwithstanding the prohibitions of section 246.01, beverages within a sidewalk cafe by a food establishment ] development district created pursuant to section 17.07.1 downtown business district, which is licensed as a res a Legislative Code and which is in compliance with th pro� Legislative Code, is pernutted. consumprion of such >ed under Chapter � sa1e and service of alcoholic cated in a commercial the City Charter or located in the rt under Chapter 331 of the isions of section 106.01 of the Sec. 246.04. Designation of permitted shelter�e; facilities and areas. The d'uector of the deparhnent of c unity services sha11 promulgate, by filing with the city clerk, a list or description of the icnic shelters, pazk facilities or pazk azeas within which the possession and consumption nonintoxicating malt liquor is permitted by this chapter between the hours of 8:00 a. . and 8:00 p.m., together with such maps or illustrations as may assist the public to comply 'th this chapter. The director shall also direct that appropriate signs be erected at lo tions in which the consumption and possession of nonintoxicaring malt liquor is p 'tted. It shall not be a defense to a charge of violation of this chapter that such informa'onal signs, maps or illustrations are defaced or removed from the shelters or facilities desi nated, so long as the list required by this section has been filed with the city clerk. Sec. 246.05. No at any time in certain parks. The direct of the deparhnent of community services sha11 not have the power to designate any s ter, facility or place within Hidden Falls Park or Crosby Lake Park for pernritted poss ssion ar consumption of nonintoxicafing malt liquor. No person shall at any time cons or possess any into�cating liquor, intoxicating or nonintoxicating malt liquor, or alcohol' beverage of any kind in Hidden Falls Pazk or Crosby Lake Park. Sec. 24Y.06. Defmitions. The following definitions shall apply in the interpretation and enforcement of this (1) The terxn "intoxicating liquor" and the term "intoxicating malt liquor" mean and include ethyl alcohol, distilled, fermented, spirituous, vinous or malt beverages containing in excess of three and two-tenths (3.2) percent of alcohol by weight or containiug in excess of four (4.0) pexcent alcohol by volume. ��,� �.3 2 �lude that portion of the llo mg streets: i tnut Street, Chesmut E to Tenth Street, Tenth to Lafayette Bridge, rner Road, Warner Road Tlus ordinance shall take effect and be in�force thirty (30) days from and after its passage, approval and publication. � Requested by Department of: Adopted by Adoption C By: Approved /b / By: (2) The term "nonintoxicatvng malt liquor" means and includes any malt liquor contaiuiug not less than one-half of one percent (1/2 of 1%) of alcohol� volume nor more than three and two-tenths (3.2) percent of alcohol by eig] (3) The term "alcoholic bevera�e" means and includes any ethyl alcohol in any quantity or amount. (4) The term "downtown business district" means and City of Saint Paul lying within and bounded by the Begnuiing at the intersection of Shepard Road with Street to Interstate Freeway 35E, Interstate Freeway Street to Interstate Freeway 94, Interstate Freeway � Lafayette Bridge to where the bridge crosses over to . €lie :�?✓a��lia B cle� . Date ied by Council Secretary Mayor: Date L.1/i��i" � /�i_�� Form Approved by City Atto� By: V! .IivGG� G�av�c-eC Approved by Mayor for Submission to Counc�\` q J `��2��'u�� By: %