99-3953
, . e"^ —
S v.' ( �S�'��y� �. , �vrc_ � ` �g`\`1
ORDINANCE
CITY OF SAINT PAUL. MINNESOTA
Presented By
Refened To
Council File # �°� - 3�5
Ordinance #
Green Sheet #
Committee Date :
'✓)
v �-
� �
2 An ordinance to establish proximity of establishments licensed to
3 se113.2 percent malt liquor at off-sale to other such establishments
4 as a factor to consider in whether to issue the license
0
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
PUBlf$HEp
JUL 3 �ggg
Secrion 1
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Section 410.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 410.03. Licensing requirements.
(a) Application. Any person desiring either of the licenses as hereinbefore described shall first
make an application therefor to the council of the City of Saint Paul by filing with the inspector
of said city for presentazion by him to the council of an application in writing therefor, which
said application sha11 set forth with reasonable accuracy the name and place of residence of the
applicant; the exact location of the place at which the applicant proposes to carry on the business
of selling noninto�cating malt liquors; and whether or not he has at any time previous to the date
thereof been engaged in said business or in the business of selling foodstuffs in the City of Saint
Paul, and if so, when and where. Said application shall be signed by the applicant in person or by
an officer of the ciub seeking said license or by an officer of the corporation seeking said license,
and when received by the inspector shall be by him placed on file, and the name of the applicant
sha11 be by him registered in a book of registration to be kept in the office of said inspector for
that purpose; provided, however, that said inspector shall not receive such application or register
the name of said applicant unless the application is accompanied by the fee required by secrion
410.02.
(b) Reserved.
��(c) No Zicense after convfction; underage. No license sha11 be issued, consistent with and
�°ct to Minnesota Statutes, Chapter 364, if the applicant has been convicted of any crime
~ ��he manufactute, sale, distribution ar possession for sale or distribution of intoxicating
"=ng liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions
� shall be issued to any person who is not at least twenty-one (21)
\
�
(d) Reserved.
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
�g _ 3a5
(e) Exception if compliarece with other bonding requirements. For those appiicants also
applying for or akeady having an on-sale wine license pursuanY to section 40915, compliance
with the bonding requirements of secrion 409.Ob(j) satisfies the bonding requirements of
para�raph (d) of tlus section.
(fl Investigation. The applicant sha11 permit representatives of the division of public health,
department of police and deparnnent of fire and safety services to inspect and exauvne the place
of business described in the application, together with all the appliances and instruments used or
to be used in the transaction of the business for which the license is sought, and any refusal on
the part of such applicant to pernut such inspection shall be deemed as sufficient ground upon
which the council shall refuse to issue the license applied for. When the a�lication is for the
sale of 3.2 malt liquor at off-sale the Office of License. Inspections and Environmental
Protection shall deternrine whether there aze other uremises licensed for the sale of 3.2 malt
liauor at off-sale within a half-mile radius of the proposed location. In addition to an, oy ther
grounds under Saint Paul Legislative Code §310.06 ) it shall be a basis for denial of the license
if the CitXCouncil, in its discretion. determines (1) that the proximity of other licenses for the
sale of 3.2 malt liquor at off=sale would result in an over-concentration of such licenses in one
neighborhood, which would adversely impact the neighborhood or its residents, programs andfor
institutions. or (2�that the new license at that location would have an adverse im�act on the
welfare of the city in terms of litter. disorderly conduct ar traffic. T'his subdivision sha11 apply to
� annlications for 3.2 malt off-sale licenses pendine on the effecrive date of this amendment .
25 (g) License near school or church. No license far on-sale noninto�cating malt liquors shall be
26 issued for any premises, except for a restaurant as defined in section 40915 hauing an on-sale
27 wine or intoxicating malt liquor license, located within three hundred (300) feet from any public
28 or parochial school, church or synagogue, said three hundred (300) feet being calculated and
29 computed as the distance measured from the properry line of the premises or building proposed
30 as the location for the nonintoxicating malt liqnor license to the properiy line of any school,
31 church ar synagogue in the area for which the license is sought.
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
All licenses in force and effect on November 10, 1962, the location of which license is in
conflict with the provisions hereof may be renewed or otherwise dealt with in accordance with
law, it being the intent of this pazagraph to be applied prospectively for proposed locarions of
licenses, and fiu�ther it being the intent of this pazagraph that the limitations set forth in this
paragraph shall in no manner be applicable to any hotel or motel.
Upon written petirion signed on behalf of the school, church or synagogue located within three
hundred (300) feet of the proposed location of the license, the council may by a five-sevenths
vote disregard the provisions of this pazagraph insofar as location adj acent to a school, church or
synagogue of a proposed license is concerned.
(h) Public hearing,• notices. No new on-sale or off-sale license shall be issued unril the
council's committee designated to heat license matters shall have first held a public hearing on
the application. The notification requirements applicable to change in licensed azeas in seetion
410.07 shall be applicable in the issuance of new licenses.
(i) Unlawful use of weapons. If during any twelve-month period there aze reported two (2) or
more incidents Involving unlawful use or handling of firearms, assault weapons or knives, as
1 defined in section 225A1, on any licensed on-sale premises, a public heating shall be conducted
2 by the council. Any adverse action may be considered by the council pursuant to the hearing �� _� �S
3 provisions of section 310.05.
4
5 (}) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not
6 have any interest or ownership, in whole or in part, in a business hoiding a noninto�cating malt
7 liquor license or in the license so held, but a manufacturer or wholesaler of into�cating or
8 noninto�cating liquor may use or have pzoperty rented for retail nonintoxicating liquor sales if
9 the manufactuter or wholesaler has owned the properry continuously since November 1, 1933.
10 For the purpose of this paragraph the term "interest":
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
(1) Includes any pecuniary interest in the ownership, operarion, management or
profits of a retail liquor establishment, and a person who receives money from
time to time, direcfly or indirectly, from a licensee, in the absence of consideration
and excluding gifts or donations, has a pecuniary interest in the retail license; and
(2) Does not include loans; rental agreements; open accounts or other obligafions held
with or without security arising out of the ordinary and regular course of business
of selling or ]easing merchandise, fixtures or supplies to the establishment; an
interest in a corporation owning or operating a hotel, but having at least one
hundred fifiy (150) or more rental units, holding a liquor license in conjunction
therewith or ten (10) percent or less interest in any other corporation holding a
license;and
(3) In determining whether an "interest" exists, the transacflon must have been bona
fide and the reasonable value of the goods and things received as consideration for
a payment by the licensee and all other facts reasonably tending to prove or
disprove the e�stence of a purposeful scheme or arrangement to evade the
restrictions ofthis paragraph must be considered.
(k) Nonconforming clubs; transition. The restricfions and requirements in sections 410.03(g)
and 410.04(g) of this chapter shall not apply to licenses issued under this chapter to a club which
at the time of an application for an on-sale license held a private club license under former
Chapter 404 of this Code for the same premises for which ,the on-sale license hereunder is
sought or will be issued for so long as the on-sale license remains at that locaflon and the
licensed premises is not enlarged. Such licensed premises will be deemed a lawful
nonconfornung use under the zoning code.
1
2
3
4
5
Section 2
This ordinance shall take effect and be in fu11 force thirty (30) days following its passage,
approval and publication.
cl�l _3�s
Requested by Department of:
By:
Adopted Council:
Adoption Certified by
� Porm Approved by City Attorne�
f By: �Z�� c�V n
4q
Approved by Mayor for Svbmission to Council
a : — v' `..i r' Ix By:
Approved by Ma•or: Date - PV �«SnC�
BY: �UL 3 i999
qq-3g5
c�
Council
RSON & PFIONE
GREEN SHEET
No s4o3i
BE OIJ
� oFrumm+rp�cro¢ � arvcau+ra �
❑ tliYAiSOR1EY ❑ CRYCIFAK
❑ FWIMCMLSERVILFtDYl. ❑ AMMCMLiEPY/AGCT6
❑ WYOR(ORKa4�Nl1) ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
DATE �NIiNTED
�'_
TOTAL # OF SIGNATURE PAGES
An ordinance to establish a distance liwitation between establishments Licensed to se11
3.2 percent malt liquor at off-sale.
PLANNING CAMMISSION
CIB COMMITTEE
CNIL SERVICE COMMISSION
RSOWLL SERVICE CUNTRAC�S MUST ANSWER TXE FOl10WING QUESTIONSt
Has fhis persoNfirm ever xrorketl under e contrad Torthis tlepartmeM?
YES NO
Has this persoNfirm ever been a ciry empbyee9
YES NO
Dces ihis pe�soMrcm possess a sidii not nomalypossessetl by arry cunerR dty empbyee?
YES NO
Isthis personfirtn atargeted vendoYt
YES NO
OF TRANSACTION S C0.4T/REVENUE BUDGETFA (CIRCLE ONE) VES NO
sOURCE
ACTNITY NUMBER
(IXPWN)
S�.bs�'.��� - �a� ac�, ����
ORDINANCE
Presented
Refeaed To
An ordinance to establish a distance lunita
establishments licensed to se113.2 percent
2
0
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
THE COUNCIL OF THE CITY OF SAINT P.
Section 410.03 of the Saint Paul Legislative
Sec. 410.03. Licensing requirements.
Counci] File # q� - S
ora�n��e #
Green Sheet # G y 031
A �$,
;e Date :
liquor at off-sale
ORDAIN:
is hereby amended to read as follows:
(a) Application. Any person desiring ither of the licenses as hereinbefore described shall first
make an application therefor to the co cil of the City of Saint Paul by filing with the inspector
of said city for presentation by him t the councii of an application in writing therefor, which
said application shall set forth wi easonable accuracy the name and place of residence of the
applicant; the exact location of th place at which the applicant proposes to carry on the business
of selling noninto�cating malt 'quors; and whether or not he has at any time previous to the date
thereof been engaged in said b iness or in the business of selling foodstuffs in the City of Saint
Paul, and if so, when and w e. Said application shall be signed by the applicant in person or by
an officer of the ciub seeki said license or by an officer of the corporation seeking said 13cense
and when received by
shall be by him regist�
that purpose; providec
the name of said appl�
410.02. f
(b) Reserved.
CITY OF SAINT PAUL,
>
pector shall be by him placed on file, and the name of the applicant
in a book of registration to be kept in the office of said inspector for
wever, that said inspector shall not receive such application or register
unless the application is accompanied by the fee required by section
(c) No lic e after corzviction; underage. No license shall be issued, consistent with and
subject to ' esota Statutes, Chapter 364, if the applicant has been convicted of any crime
involvin the manufacture, sale, distriburion or possession foz sale or distribution of intoxicating
or no ' toxicating liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions
1(1), i(3) and 2. No license shall be issued to any person who is not at least twenty-one (21)
yeazs of age.
(d) ��� License restrictions No license to se113 2�ercent m�tt liquor at off-cale shall
1 be issued to any location within a half-mile radius of anv existing establishment which has been G� -��S
2 issued a license to se113 2 Dercent malt liquor at off-s�le ELn off-sale 3 2 malt liquor license
3 which was validly issued as of the effective date of this ordinance may be renewed so long as the
4 license is in compliance with all other rec��irements of law and there e�st no �rounds for
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
amendment shail be affected by these distance limitations.
(e) Exception if compliance with other bonding requirements. For
applying for or already having an on-sale wine license pursuant to s
with the bonding requirements of section 409.06(j} satisfies the bq�
paragraph (d) of this section. �
(fl Irrvestigation. The applicant shall permit represei
depamnent of police and department of fire and safety
of business deseribed in the application, together with
to be used in the transaction of the business for which'
the part of such applicant to permit such inspection�
which the council shall refuse to issue the license oli
{g) License near school or church. No
issued for any premises, except for a rest
wine or intoxicating malt liquor license, ',
or pazochial school, church or synagogue
computed as the distance measured fro
as the location for the nonintoxicatin m�
chwch or synagogue in the area for c
�e applicants also
a 409.15, compliance
requirements of
tiv s of the division of public health,
ices to insgect and examine the place
the appliances and instruments used or
; license is sought, and any refusal on
be deemed as sufficient ground upon
l for.
lice for on-sale noninto�cicating malt liquors shall be
a t as defined in section 409.15 having an on-sale
o ted within three hundred (300) feet &om any pubiic
said three hundred (300) feet being calculated and
the property line of the premises or building proposed
�It liquor license to the property line of any school,
i the license is sought.
All licenses in force and effec on November 10, 1962, the location of which license is in
conflict with the provisions h eof may be renewed or otherwise dealt with in accordance with
law, it being the intent of ' pazagraph to be applied prospectively for proposed locations of
licenses, and further it be' g the intent of this paragraph that the limitarions set forth in this
pazagraph shall in no m er be applicabie to any hotel or motel.
Upon written peti 'on signed on behalf of the school, church or synagogue located within three
hundred (300) fee of the proposed location of the license, the council may by a five-sevenths
vote disregazd e provisions of this pazagraph insofaz as location adjacent to a school, church or
synagogue of proposed license is concerned.
(h) P blic hearing; notices. No new on-sale or off-sale license shall be issued unril the
un 1's committee designated to hear license matters shall have fust held a public hearing on
° pplication. 'I'he notification requiremenis applicable to change in licensed areas in section
0.07 shall be applicable in the issuance of new licenses.
(i) UnZawful use of weapons. If during any twelve-month period there aze reported two (2) or
more incidents involving unlawful use or handling of fireanns, assault weapons or knives, as
defined in section 225.01, on any licensed on-sale premises, a public hearing shall be conducted
1 by the council. Any adverse action may be considered by the council pursuant to the hearing
2 provisions of section 310.05. rj
3 ; aq_�9
4 (j) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not
5 have any interest or ownership, in whole or in part, in a business holding a nonintoxica ' g malt
6 liquor license or in the license so held, but a manufacturer or wholesaler of intoxica ' or
7 nonirnoxicating liquor may use or have property rented for retail noninto�cating li or sales if
8 the manufactuter or wholesaler has owned the properiy continuously since Nove er 1, 1933.
9 For the purpose of ttris pazagraph the term "interest":
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
(1) Includes any pecuniary interest in the ownersYup, operation,
profits of a retaii liquor establishment, and a person who rec
time to time, directly or indirectly, from a licensee, in the at
and excluding gifts or donations, has a pecuniary interest in
(2) Does not inciude loans; rental agreements; open ac
with or without security arising out of the ordinary
of selling or leasing merchandise, fixtures or suppl
interest in a corporafion owning or operating a hotF
hundred fifty (150) or more rental units, holdin�
therewith or ten (10) percent or less interest in y
license; and
(3) In determining whether an "interesY'
fide and the reasonable valuerof the ;
a payment by the licensee and all ott
disprove the existence of a purposefi
restrictions of this pazagraph must i�f
(k) Nonconforming clubs; tran
and 410.04(g) of this chapter shali
at the time of an application for an
Chapter 404 of this Code for the �
sought or will be issued for so n�
licensed premises is not enl ed.
ment or
: money from
ce ofconsideration
retaii license; and
coun or other obligations held
an regulaz course of business
ie to the establishment; an
, but having at least one
!iquor license in conjunction
other corporation holding a
�ist , the transaction must have been bona
0o and things received as consideration for
:r acts reasonably tending to prove or
scheme or arrangement to evade the
considered.
tao . The restrictions and requirements in secuons 410.03(g)
i apply to licenses issued under this chapter to a club which
n-sale license held a private club license under fortner
ne premises for which ,the on-sale license hereunder is
as the on-sale license remains at that locarion and the
Such licensed preruises will be deemed a lawful
nonconforming use under t�+fe zoning code.
2
3
4
5
Section 2
This ordinance shall take effect and be in fu11 force thirty (3D) days following its passage,
approval and publication.
Requested by Depaztment oE:
By:
Adopted by Council:
Adoptioa Certifiedi
Council Secretaxy
a9-�
Form Approved by City Attorney
BY� �� cct= � �
Approved by Mayor for Submissicn to Council
By: 8y .
Approved by t yor: Date
BY. �— _ —. _ _. _ .
�
'
�
JERRY BLAKEY
CoimcIlmember
CITY OF SAZNT PAIIL
OFFICE OF THE CITY COUNCIL
MEMORANDUM
May 25, 1999
TO:
FROM:
l' 7
Council President Daniel Bostrom
Councilmember Jay Benanav
Councilmember Chris Coleman
Councilmember Michael Harris
Councilmember Kathy Lantry
Councilmembex James Reiter
Councilmember Jerry Blake 1')
Y
AttacSed Subsritute Ordinance
aq -�q�
Attached is a substitute ordinance for distancing requirements for 3.2 malt liquor off-sale. This
is scheduled for public heating today and is item #34 on the agenda.
attach:
CITY HALL THIRD FLOQR SAINT PAUL, MINNESOTA 55102 612/266-8610
sai�,.c
PtinttQ ou Becpded Paper
Council File # gQ . 3�{ S
Ordinance #
ORIGINAL
THE COUNCIL OF THE CITY OF SAINT PAUL BOES ORDAIN:
GreenSheet# 64031
OF SAINT PAUL, MINNESOTA
Presented By
Refened To
Committee Date :
An ordinance to establish a distance lunitation between
establishments licensed to se113.2 percent malt liquor at off-sale
0
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
ORDINANCE
Section 1
Section 410.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 410.03. Licensing requirements.
(a) Application. Any person desiring either of the licenses as hereinbefore described shali first
make an applicafion therefar to the council of the City of Saint Paul by filing with the inspector
of said city for presentation by him to the council of an application in writing therefor, which
said application shall set forth with reasonable accuracy the name and place of residence of the
applicant; the exact location of the place at which the applicant proposes to cany on the business
of selling nonintoxicating malt liquors; and whether or not he has at any tune previous to the date
thereof been engaged in said business or in the business of selling foodstuffs in the City of Saint
Pau1, and if so, when and where. Said application sha11 be signed by the applicant in person or by
an officer of the club seeking said license ar by an officer of the corporation seeking said license,
and when received by the inspector shall be by him placed on file, and the name of the applicant
shall be by him registered in a book of registration to be kept in the office of said inspectar for
that purpose; provided, however, that said inspector shall not receive such application or register
the name of said appiicant unless the application is accompanied by the fee required by section
410.02.
(b) Reserved.
(c) No license after conviction; underage. No license shali be issued, consistent with and
subject to Minnesota Statutes, Chapter 364, if the applicant has been convicted of any crune
involving the manufacture, sale, distribution or possession for sale or distribution of intoxicating
or nonintoxicating liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions
1(1}, i(3) and 2. No license shall be issued to any person who is not at least twenty-one (21)
years of age.
(d) � License restricfions. No license to se113.2 �ercent malt lic�uor at off-sale shall
1 be issued to any location within a half-mile radius of any existiny_ establishment licensed to sell a� . �qc,
2 3.2 percent malt ]iquor at off-sale. An off-sale 3.2 malt liquor license which was validly issued �
3 as of the effective date of this ordinance may be renewed so lone as the license is in compliance
4 with all other rec�uirements of law and there exist no grounds for adverse action. Anv
5 applications for 3.2 malt ofF sale licenses pending on the effective date of this amendment shall
6 be affected bv these distance limitations.
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
(e) Exception if compliance with other bonding requirements. For those applicants also
appiying for or already having an on-sale wine license pursuant to section 409.15, compliance
with the bonding requirements of section 409.06(j) satisfies the bonding requirements of
paragraph (d) of this section.
( fl Investigation. The applicant shall pernut representatives of the division of public health,
deparlment of police and department of fire and safery setvices to inspect and examine the place
of business described in ihe application, together with a11 the appliances and instruments used or
to be used in the transaction of the business for which the license is sought, and any refusal on
the part of such applicant to permit such inspection shall be deemed as sufficient ground upon
which the council shall refuse to issue the license applied for.
(g) License near school or church. No license for on-sale nonintoxicating malt liquors shall be
issued for any premises, except for a restaurant as defined in secrion 409.15 having an on-sale
wine or intoxicating malt liquor license,located within three hundred (3Q0) feet from any public
or pazochial school, church or synagogue, said three hundred (300) feet being calculated and
computed as the distance measured from the property line of the premises or building proposed
as the location for the noninto�cating malt liquor license to the property line of any school,
church or synagogue in the area for which the license is sought.
All licenses in force and effect on November 10, 1962, the location of which license is in
conflict with the provisions hereof may be renewed or othercvise dealt with in accordance with
law, it being the intent of this paragraph to be applied prospectively for proposed locations of
licenses, and fiirther it being the intent of this paragraph that the limitations set forth in this
paragraph shall in no manner be applicable to any hotel or motel.
Upon written petition signed on behalf of the school, church or synagogue located within three
hundred (300) feet of the proposed location of the license, the council may by a five-sevenths
vote disregard the provisions of this pazagraph insofar as location adjacent to a school, church or
synagogue of a proposed license is concerned.
(h) Public hearing; notices. No new on-sale or off=sale license shall be issued unril the
councii's committee designated to hear license matters sha11 have first held a public hearing on
the applicarion. The notification requirements applicable to change in licensed areas in secrion
410.07 shall be applicable in the issuance of new licenses.
(i) Unlawful use of weapons. If during any twelve-month period there are reported two (2) or
more incidents involving uulawfid use or handling of firearms, assauit weapons or knives, as
defined in section 225.01, on any licensed on-sale premises, a public hearing sha11 be conducted
by the council. Any adverse acfion may be considered by the council pursuant to the hearing
provisions of section 310.05.
1 (j) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not
2 have any interest or ownership, in whole or in part, in a business hoiding a noninto�cating malt
3 liquor license or in the license so held, but a manufacturer or wholesaler of into�cating or
4 nonintoxicating liquor may use or have properry rented for retail nonintoxicating liquor sales if
5 the manufacturer or wholesaler has owned the property continuously since November 1, 1933.
6 For the purpose of this paragraph the term "interest":
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1) Inciudes any pecuniary interest in the ownership, operation, management or
profits of a retailliquor establishment, and a person who receives money from
time to time, d'uectly or indirectly, from a licensee, in the absence of consideration
and excluding gifts or donafions, has a pecuniary interest in the retail license; and
(2) Does not include loans; rental agreements; open accounts or other obligations held
with or without security arising out of the ordinary and regular course of business
of selling or leasing merchandise, fixtures or supplies to the establishment; an
interest in a corporation owning or operating a hotel, but having at least one
hundred fifty (150) or more rental units, holding a liquor license in conjunction
therewith ar ten (10) percent or less interest in any other corporation holding a
license; and
(3) In determining whether an"interest" exists, the transaction must have been bona
fide and the reasonable value of the goods and things received as consideration for
a payment by the licensee and all other facts reasonably tending to prove or
disprove the existence of a purposeful scheme ar airangement to evade the
restrictions of this pazagraph must be considered.
26
27 (k) Nonconforming clubs; transition. The restric6ons and requirements in sections 410.03(g)
28 and 410.04(g) of this chapter shall not apply to licenses issued under this chapter to a club which
29 at the rime of an application for an on-sale license held a private club license under former
30 Chapter 404 of this Code far the same premises for which ,the on-sale license hereunder is
31 sought or wi 11 be issued for so long as the on-sale license remains at that location and the
32 licensed premises is not enlarged. Such licensed premises will be deemed a lawful
33 nonconfornung use under the zoning code.
34
35
99 - �g5
�
2
3
4
5
Section 2
This ordinance shall take effect and be in full force thuty (30) days following its passage,
approval and publication.
ORIGfNAL
ag-
Requested by Department of:
Adopted by Council: Date
Adoption Certified by CounCil Secretary
By:
Approved by Mayor: Date
By:
Hy'
Form Approved by City Attorney��
Bv: �/r�r'�a�2 � ��.Y.-u.�,
/
Approved by ayor for Submission to Council
By'
bb/21/1994 19:04 6517742135 DIST TWO COUNCIL PAGE 02
DISTRICT 2 CONINiL1NIT�' COUleTCIL �'� ��
SERVING THE NEIGHBORHOOAS OF NORTHEAS'ZERN SAINT PAUL
May 25, 1999
Saint Paul City Council
15 West Kellogg
Saint Paul, MN 5102
PARTCWpy/GREBNBRIER � BPAVER LAKE HEtGHTS
PROSPERITY HEIGHTS • HAYDEN HEtGH'is
PHALEN VILLAGE � LINCOLN PARK
EAST PHAI,EN • HAZEL PARK
FROS7 LnKE � HIU,CRES7
Regarding: Item #34 An Ordinance to establish a distance ]imitation between
establishments licensed to se113.2 percent liquor at off-sale
Dear City Council Members,
At the May 24, 1999 Execurive Boazd meeung of the Dish 2 Community Councii, the
Execu#ive Board unanimously voted to support the proposed ordinance to restrict 3.2
percent off-sale liquor to one per each half mile.
She sale of alcoho] to minors is a major concem in our neighborhood and throughout the
city. Restricting the ease of access of alcohol to minors shouid be a concem of every
council member. Though the grocers wiil dispute it, 3.2 beer frora convenience stores is
and has been angoing avenue of alcohol access for underage drinkers.
With our current high empioyment nte one need only stop in to the local convenience
store to realize that we are �pecting some very young adults to be deternnining the ages
of customers and to not bow to peer pzessvze and sell to their friends. It is also aot
unusual to find a minor as the only empioyee in the store, a situation where alcohol sales
aze required to stop.
It is cleaz that the City of Saint Paul does not have the resources to monitor all of its off-
sale 3.21icenses to a high enough degree to control underage access to alcohol, nor would
that necessarily be the best use of its zesources. It would seem prudent then to pass the
proposed ordanance and thereby limit the number of new pem�iGs to one per half milc.
Thank you, for your consideration in this matter.
S' cere ,
�
Chuck Repke �
Community Organi2er
1961 SHERwOOD AvsNUE • SAlNT PAUL � MN • 55 i 19-3230 • PHONF: (651) 774-2220 • Fax: (651) 774-2 ] 35
3
, . e"^ —
S v.' ( �S�'��y� �. , �vrc_ � ` �g`\`1
ORDINANCE
CITY OF SAINT PAUL. MINNESOTA
Presented By
Refened To
Council File # �°� - 3�5
Ordinance #
Green Sheet #
Committee Date :
'✓)
v �-
� �
2 An ordinance to establish proximity of establishments licensed to
3 se113.2 percent malt liquor at off-sale to other such establishments
4 as a factor to consider in whether to issue the license
0
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
PUBlf$HEp
JUL 3 �ggg
Secrion 1
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Section 410.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 410.03. Licensing requirements.
(a) Application. Any person desiring either of the licenses as hereinbefore described shall first
make an application therefor to the council of the City of Saint Paul by filing with the inspector
of said city for presentazion by him to the council of an application in writing therefor, which
said application sha11 set forth with reasonable accuracy the name and place of residence of the
applicant; the exact location of the place at which the applicant proposes to carry on the business
of selling noninto�cating malt liquors; and whether or not he has at any time previous to the date
thereof been engaged in said business or in the business of selling foodstuffs in the City of Saint
Paul, and if so, when and where. Said application shall be signed by the applicant in person or by
an officer of the ciub seeking said license or by an officer of the corporation seeking said license,
and when received by the inspector shall be by him placed on file, and the name of the applicant
sha11 be by him registered in a book of registration to be kept in the office of said inspector for
that purpose; provided, however, that said inspector shall not receive such application or register
the name of said applicant unless the application is accompanied by the fee required by secrion
410.02.
(b) Reserved.
��(c) No Zicense after convfction; underage. No license sha11 be issued, consistent with and
�°ct to Minnesota Statutes, Chapter 364, if the applicant has been convicted of any crime
~ ��he manufactute, sale, distribution ar possession for sale or distribution of intoxicating
"=ng liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions
� shall be issued to any person who is not at least twenty-one (21)
\
�
(d) Reserved.
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
�g _ 3a5
(e) Exception if compliarece with other bonding requirements. For those appiicants also
applying for or akeady having an on-sale wine license pursuanY to section 40915, compliance
with the bonding requirements of secrion 409.Ob(j) satisfies the bonding requirements of
para�raph (d) of tlus section.
(fl Investigation. The applicant sha11 permit representatives of the division of public health,
department of police and deparnnent of fire and safety services to inspect and exauvne the place
of business described in the application, together with all the appliances and instruments used or
to be used in the transaction of the business for which the license is sought, and any refusal on
the part of such applicant to pernut such inspection shall be deemed as sufficient ground upon
which the council shall refuse to issue the license applied for. When the a�lication is for the
sale of 3.2 malt liquor at off-sale the Office of License. Inspections and Environmental
Protection shall deternrine whether there aze other uremises licensed for the sale of 3.2 malt
liauor at off-sale within a half-mile radius of the proposed location. In addition to an, oy ther
grounds under Saint Paul Legislative Code §310.06 ) it shall be a basis for denial of the license
if the CitXCouncil, in its discretion. determines (1) that the proximity of other licenses for the
sale of 3.2 malt liquor at off=sale would result in an over-concentration of such licenses in one
neighborhood, which would adversely impact the neighborhood or its residents, programs andfor
institutions. or (2�that the new license at that location would have an adverse im�act on the
welfare of the city in terms of litter. disorderly conduct ar traffic. T'his subdivision sha11 apply to
� annlications for 3.2 malt off-sale licenses pendine on the effecrive date of this amendment .
25 (g) License near school or church. No license far on-sale noninto�cating malt liquors shall be
26 issued for any premises, except for a restaurant as defined in section 40915 hauing an on-sale
27 wine or intoxicating malt liquor license, located within three hundred (300) feet from any public
28 or parochial school, church or synagogue, said three hundred (300) feet being calculated and
29 computed as the distance measured from the properry line of the premises or building proposed
30 as the location for the nonintoxicating malt liqnor license to the properiy line of any school,
31 church ar synagogue in the area for which the license is sought.
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
All licenses in force and effect on November 10, 1962, the location of which license is in
conflict with the provisions hereof may be renewed or otherwise dealt with in accordance with
law, it being the intent of this pazagraph to be applied prospectively for proposed locarions of
licenses, and fiu�ther it being the intent of this pazagraph that the limitations set forth in this
paragraph shall in no manner be applicable to any hotel or motel.
Upon written petirion signed on behalf of the school, church or synagogue located within three
hundred (300) feet of the proposed location of the license, the council may by a five-sevenths
vote disregard the provisions of this pazagraph insofar as location adj acent to a school, church or
synagogue of a proposed license is concerned.
(h) Public hearing,• notices. No new on-sale or off-sale license shall be issued unril the
council's committee designated to heat license matters shall have first held a public hearing on
the application. The notification requirements applicable to change in licensed azeas in seetion
410.07 shall be applicable in the issuance of new licenses.
(i) Unlawful use of weapons. If during any twelve-month period there aze reported two (2) or
more incidents Involving unlawful use or handling of firearms, assault weapons or knives, as
1 defined in section 225A1, on any licensed on-sale premises, a public heating shall be conducted
2 by the council. Any adverse action may be considered by the council pursuant to the hearing �� _� �S
3 provisions of section 310.05.
4
5 (}) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not
6 have any interest or ownership, in whole or in part, in a business hoiding a noninto�cating malt
7 liquor license or in the license so held, but a manufacturer or wholesaler of into�cating or
8 noninto�cating liquor may use or have pzoperty rented for retail nonintoxicating liquor sales if
9 the manufactuter or wholesaler has owned the properry continuously since November 1, 1933.
10 For the purpose of this paragraph the term "interest":
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
(1) Includes any pecuniary interest in the ownership, operarion, management or
profits of a retail liquor establishment, and a person who receives money from
time to time, direcfly or indirectly, from a licensee, in the absence of consideration
and excluding gifts or donations, has a pecuniary interest in the retail license; and
(2) Does not include loans; rental agreements; open accounts or other obligafions held
with or without security arising out of the ordinary and regular course of business
of selling or ]easing merchandise, fixtures or supplies to the establishment; an
interest in a corporation owning or operating a hotel, but having at least one
hundred fifiy (150) or more rental units, holding a liquor license in conjunction
therewith or ten (10) percent or less interest in any other corporation holding a
license;and
(3) In determining whether an "interest" exists, the transacflon must have been bona
fide and the reasonable value of the goods and things received as consideration for
a payment by the licensee and all other facts reasonably tending to prove or
disprove the e�stence of a purposeful scheme or arrangement to evade the
restrictions ofthis paragraph must be considered.
(k) Nonconforming clubs; transition. The restricfions and requirements in sections 410.03(g)
and 410.04(g) of this chapter shall not apply to licenses issued under this chapter to a club which
at the time of an application for an on-sale license held a private club license under former
Chapter 404 of this Code for the same premises for which ,the on-sale license hereunder is
sought or will be issued for so long as the on-sale license remains at that locaflon and the
licensed premises is not enlarged. Such licensed premises will be deemed a lawful
nonconfornung use under the zoning code.
1
2
3
4
5
Section 2
This ordinance shall take effect and be in fu11 force thirty (30) days following its passage,
approval and publication.
cl�l _3�s
Requested by Department of:
By:
Adopted Council:
Adoption Certified by
� Porm Approved by City Attorne�
f By: �Z�� c�V n
4q
Approved by Mayor for Svbmission to Council
a : — v' `..i r' Ix By:
Approved by Ma•or: Date - PV �«SnC�
BY: �UL 3 i999
qq-3g5
c�
Council
RSON & PFIONE
GREEN SHEET
No s4o3i
BE OIJ
� oFrumm+rp�cro¢ � arvcau+ra �
❑ tliYAiSOR1EY ❑ CRYCIFAK
❑ FWIMCMLSERVILFtDYl. ❑ AMMCMLiEPY/AGCT6
❑ WYOR(ORKa4�Nl1) ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
DATE �NIiNTED
�'_
TOTAL # OF SIGNATURE PAGES
An ordinance to establish a distance liwitation between establishments Licensed to se11
3.2 percent malt liquor at off-sale.
PLANNING CAMMISSION
CIB COMMITTEE
CNIL SERVICE COMMISSION
RSOWLL SERVICE CUNTRAC�S MUST ANSWER TXE FOl10WING QUESTIONSt
Has fhis persoNfirm ever xrorketl under e contrad Torthis tlepartmeM?
YES NO
Has this persoNfirm ever been a ciry empbyee9
YES NO
Dces ihis pe�soMrcm possess a sidii not nomalypossessetl by arry cunerR dty empbyee?
YES NO
Isthis personfirtn atargeted vendoYt
YES NO
OF TRANSACTION S C0.4T/REVENUE BUDGETFA (CIRCLE ONE) VES NO
sOURCE
ACTNITY NUMBER
(IXPWN)
S�.bs�'.��� - �a� ac�, ����
ORDINANCE
Presented
Refeaed To
An ordinance to establish a distance lunita
establishments licensed to se113.2 percent
2
0
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
THE COUNCIL OF THE CITY OF SAINT P.
Section 410.03 of the Saint Paul Legislative
Sec. 410.03. Licensing requirements.
Counci] File # q� - S
ora�n��e #
Green Sheet # G y 031
A �$,
;e Date :
liquor at off-sale
ORDAIN:
is hereby amended to read as follows:
(a) Application. Any person desiring ither of the licenses as hereinbefore described shall first
make an application therefor to the co cil of the City of Saint Paul by filing with the inspector
of said city for presentation by him t the councii of an application in writing therefor, which
said application shall set forth wi easonable accuracy the name and place of residence of the
applicant; the exact location of th place at which the applicant proposes to carry on the business
of selling noninto�cating malt 'quors; and whether or not he has at any time previous to the date
thereof been engaged in said b iness or in the business of selling foodstuffs in the City of Saint
Paul, and if so, when and w e. Said application shall be signed by the applicant in person or by
an officer of the ciub seeki said license or by an officer of the corporation seeking said 13cense
and when received by
shall be by him regist�
that purpose; providec
the name of said appl�
410.02. f
(b) Reserved.
CITY OF SAINT PAUL,
>
pector shall be by him placed on file, and the name of the applicant
in a book of registration to be kept in the office of said inspector for
wever, that said inspector shall not receive such application or register
unless the application is accompanied by the fee required by section
(c) No lic e after corzviction; underage. No license shall be issued, consistent with and
subject to ' esota Statutes, Chapter 364, if the applicant has been convicted of any crime
involvin the manufacture, sale, distriburion or possession foz sale or distribution of intoxicating
or no ' toxicating liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions
1(1), i(3) and 2. No license shall be issued to any person who is not at least twenty-one (21)
yeazs of age.
(d) ��� License restrictions No license to se113 2�ercent m�tt liquor at off-cale shall
1 be issued to any location within a half-mile radius of anv existing establishment which has been G� -��S
2 issued a license to se113 2 Dercent malt liquor at off-s�le ELn off-sale 3 2 malt liquor license
3 which was validly issued as of the effective date of this ordinance may be renewed so long as the
4 license is in compliance with all other rec��irements of law and there e�st no �rounds for
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
amendment shail be affected by these distance limitations.
(e) Exception if compliance with other bonding requirements. For
applying for or already having an on-sale wine license pursuant to s
with the bonding requirements of section 409.06(j} satisfies the bq�
paragraph (d) of this section. �
(fl Irrvestigation. The applicant shall permit represei
depamnent of police and department of fire and safety
of business deseribed in the application, together with
to be used in the transaction of the business for which'
the part of such applicant to permit such inspection�
which the council shall refuse to issue the license oli
{g) License near school or church. No
issued for any premises, except for a rest
wine or intoxicating malt liquor license, ',
or pazochial school, church or synagogue
computed as the distance measured fro
as the location for the nonintoxicatin m�
chwch or synagogue in the area for c
�e applicants also
a 409.15, compliance
requirements of
tiv s of the division of public health,
ices to insgect and examine the place
the appliances and instruments used or
; license is sought, and any refusal on
be deemed as sufficient ground upon
l for.
lice for on-sale noninto�cicating malt liquors shall be
a t as defined in section 409.15 having an on-sale
o ted within three hundred (300) feet &om any pubiic
said three hundred (300) feet being calculated and
the property line of the premises or building proposed
�It liquor license to the property line of any school,
i the license is sought.
All licenses in force and effec on November 10, 1962, the location of which license is in
conflict with the provisions h eof may be renewed or otherwise dealt with in accordance with
law, it being the intent of ' pazagraph to be applied prospectively for proposed locations of
licenses, and further it be' g the intent of this paragraph that the limitarions set forth in this
pazagraph shall in no m er be applicabie to any hotel or motel.
Upon written peti 'on signed on behalf of the school, church or synagogue located within three
hundred (300) fee of the proposed location of the license, the council may by a five-sevenths
vote disregazd e provisions of this pazagraph insofaz as location adjacent to a school, church or
synagogue of proposed license is concerned.
(h) P blic hearing; notices. No new on-sale or off-sale license shall be issued unril the
un 1's committee designated to hear license matters shall have fust held a public hearing on
° pplication. 'I'he notification requiremenis applicable to change in licensed areas in section
0.07 shall be applicable in the issuance of new licenses.
(i) UnZawful use of weapons. If during any twelve-month period there aze reported two (2) or
more incidents involving unlawful use or handling of fireanns, assault weapons or knives, as
defined in section 225.01, on any licensed on-sale premises, a public hearing shall be conducted
1 by the council. Any adverse action may be considered by the council pursuant to the hearing
2 provisions of section 310.05. rj
3 ; aq_�9
4 (j) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not
5 have any interest or ownership, in whole or in part, in a business holding a nonintoxica ' g malt
6 liquor license or in the license so held, but a manufacturer or wholesaler of intoxica ' or
7 nonirnoxicating liquor may use or have property rented for retail noninto�cating li or sales if
8 the manufactuter or wholesaler has owned the properiy continuously since Nove er 1, 1933.
9 For the purpose of ttris pazagraph the term "interest":
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
(1) Includes any pecuniary interest in the ownersYup, operation,
profits of a retaii liquor establishment, and a person who rec
time to time, directly or indirectly, from a licensee, in the at
and excluding gifts or donations, has a pecuniary interest in
(2) Does not inciude loans; rental agreements; open ac
with or without security arising out of the ordinary
of selling or leasing merchandise, fixtures or suppl
interest in a corporafion owning or operating a hotF
hundred fifty (150) or more rental units, holdin�
therewith or ten (10) percent or less interest in y
license; and
(3) In determining whether an "interesY'
fide and the reasonable valuerof the ;
a payment by the licensee and all ott
disprove the existence of a purposefi
restrictions of this pazagraph must i�f
(k) Nonconforming clubs; tran
and 410.04(g) of this chapter shali
at the time of an application for an
Chapter 404 of this Code for the �
sought or will be issued for so n�
licensed premises is not enl ed.
ment or
: money from
ce ofconsideration
retaii license; and
coun or other obligations held
an regulaz course of business
ie to the establishment; an
, but having at least one
!iquor license in conjunction
other corporation holding a
�ist , the transaction must have been bona
0o and things received as consideration for
:r acts reasonably tending to prove or
scheme or arrangement to evade the
considered.
tao . The restrictions and requirements in secuons 410.03(g)
i apply to licenses issued under this chapter to a club which
n-sale license held a private club license under fortner
ne premises for which ,the on-sale license hereunder is
as the on-sale license remains at that locarion and the
Such licensed preruises will be deemed a lawful
nonconforming use under t�+fe zoning code.
2
3
4
5
Section 2
This ordinance shall take effect and be in fu11 force thirty (3D) days following its passage,
approval and publication.
Requested by Depaztment oE:
By:
Adopted by Council:
Adoptioa Certifiedi
Council Secretaxy
a9-�
Form Approved by City Attorney
BY� �� cct= � �
Approved by Mayor for Submissicn to Council
By: 8y .
Approved by t yor: Date
BY. �— _ —. _ _. _ .
�
'
�
JERRY BLAKEY
CoimcIlmember
CITY OF SAZNT PAIIL
OFFICE OF THE CITY COUNCIL
MEMORANDUM
May 25, 1999
TO:
FROM:
l' 7
Council President Daniel Bostrom
Councilmember Jay Benanav
Councilmember Chris Coleman
Councilmember Michael Harris
Councilmember Kathy Lantry
Councilmembex James Reiter
Councilmember Jerry Blake 1')
Y
AttacSed Subsritute Ordinance
aq -�q�
Attached is a substitute ordinance for distancing requirements for 3.2 malt liquor off-sale. This
is scheduled for public heating today and is item #34 on the agenda.
attach:
CITY HALL THIRD FLOQR SAINT PAUL, MINNESOTA 55102 612/266-8610
sai�,.c
PtinttQ ou Becpded Paper
Council File # gQ . 3�{ S
Ordinance #
ORIGINAL
THE COUNCIL OF THE CITY OF SAINT PAUL BOES ORDAIN:
GreenSheet# 64031
OF SAINT PAUL, MINNESOTA
Presented By
Refened To
Committee Date :
An ordinance to establish a distance lunitation between
establishments licensed to se113.2 percent malt liquor at off-sale
0
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
ORDINANCE
Section 1
Section 410.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 410.03. Licensing requirements.
(a) Application. Any person desiring either of the licenses as hereinbefore described shali first
make an applicafion therefar to the council of the City of Saint Paul by filing with the inspector
of said city for presentation by him to the council of an application in writing therefor, which
said application shall set forth with reasonable accuracy the name and place of residence of the
applicant; the exact location of the place at which the applicant proposes to cany on the business
of selling nonintoxicating malt liquors; and whether or not he has at any tune previous to the date
thereof been engaged in said business or in the business of selling foodstuffs in the City of Saint
Pau1, and if so, when and where. Said application sha11 be signed by the applicant in person or by
an officer of the club seeking said license ar by an officer of the corporation seeking said license,
and when received by the inspector shall be by him placed on file, and the name of the applicant
shall be by him registered in a book of registration to be kept in the office of said inspectar for
that purpose; provided, however, that said inspector shall not receive such application or register
the name of said appiicant unless the application is accompanied by the fee required by section
410.02.
(b) Reserved.
(c) No license after conviction; underage. No license shali be issued, consistent with and
subject to Minnesota Statutes, Chapter 364, if the applicant has been convicted of any crune
involving the manufacture, sale, distribution or possession for sale or distribution of intoxicating
or nonintoxicating liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions
1(1}, i(3) and 2. No license shall be issued to any person who is not at least twenty-one (21)
years of age.
(d) � License restricfions. No license to se113.2 �ercent malt lic�uor at off-sale shall
1 be issued to any location within a half-mile radius of any existiny_ establishment licensed to sell a� . �qc,
2 3.2 percent malt ]iquor at off-sale. An off-sale 3.2 malt liquor license which was validly issued �
3 as of the effective date of this ordinance may be renewed so lone as the license is in compliance
4 with all other rec�uirements of law and there exist no grounds for adverse action. Anv
5 applications for 3.2 malt ofF sale licenses pending on the effective date of this amendment shall
6 be affected bv these distance limitations.
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
(e) Exception if compliance with other bonding requirements. For those applicants also
appiying for or already having an on-sale wine license pursuant to section 409.15, compliance
with the bonding requirements of section 409.06(j) satisfies the bonding requirements of
paragraph (d) of this section.
( fl Investigation. The applicant shall pernut representatives of the division of public health,
deparlment of police and department of fire and safery setvices to inspect and examine the place
of business described in ihe application, together with a11 the appliances and instruments used or
to be used in the transaction of the business for which the license is sought, and any refusal on
the part of such applicant to permit such inspection shall be deemed as sufficient ground upon
which the council shall refuse to issue the license applied for.
(g) License near school or church. No license for on-sale nonintoxicating malt liquors shall be
issued for any premises, except for a restaurant as defined in secrion 409.15 having an on-sale
wine or intoxicating malt liquor license,located within three hundred (3Q0) feet from any public
or pazochial school, church or synagogue, said three hundred (300) feet being calculated and
computed as the distance measured from the property line of the premises or building proposed
as the location for the noninto�cating malt liquor license to the property line of any school,
church or synagogue in the area for which the license is sought.
All licenses in force and effect on November 10, 1962, the location of which license is in
conflict with the provisions hereof may be renewed or othercvise dealt with in accordance with
law, it being the intent of this paragraph to be applied prospectively for proposed locations of
licenses, and fiirther it being the intent of this paragraph that the limitations set forth in this
paragraph shall in no manner be applicable to any hotel or motel.
Upon written petition signed on behalf of the school, church or synagogue located within three
hundred (300) feet of the proposed location of the license, the council may by a five-sevenths
vote disregard the provisions of this pazagraph insofar as location adjacent to a school, church or
synagogue of a proposed license is concerned.
(h) Public hearing; notices. No new on-sale or off=sale license shall be issued unril the
councii's committee designated to hear license matters sha11 have first held a public hearing on
the applicarion. The notification requirements applicable to change in licensed areas in secrion
410.07 shall be applicable in the issuance of new licenses.
(i) Unlawful use of weapons. If during any twelve-month period there are reported two (2) or
more incidents involving uulawfid use or handling of firearms, assauit weapons or knives, as
defined in section 225.01, on any licensed on-sale premises, a public hearing sha11 be conducted
by the council. Any adverse acfion may be considered by the council pursuant to the hearing
provisions of section 310.05.
1 (j) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not
2 have any interest or ownership, in whole or in part, in a business hoiding a noninto�cating malt
3 liquor license or in the license so held, but a manufacturer or wholesaler of into�cating or
4 nonintoxicating liquor may use or have properry rented for retail nonintoxicating liquor sales if
5 the manufacturer or wholesaler has owned the property continuously since November 1, 1933.
6 For the purpose of this paragraph the term "interest":
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1) Inciudes any pecuniary interest in the ownership, operation, management or
profits of a retailliquor establishment, and a person who receives money from
time to time, d'uectly or indirectly, from a licensee, in the absence of consideration
and excluding gifts or donafions, has a pecuniary interest in the retail license; and
(2) Does not include loans; rental agreements; open accounts or other obligations held
with or without security arising out of the ordinary and regular course of business
of selling or leasing merchandise, fixtures or supplies to the establishment; an
interest in a corporation owning or operating a hotel, but having at least one
hundred fifty (150) or more rental units, holding a liquor license in conjunction
therewith ar ten (10) percent or less interest in any other corporation holding a
license; and
(3) In determining whether an"interest" exists, the transaction must have been bona
fide and the reasonable value of the goods and things received as consideration for
a payment by the licensee and all other facts reasonably tending to prove or
disprove the existence of a purposeful scheme ar airangement to evade the
restrictions of this pazagraph must be considered.
26
27 (k) Nonconforming clubs; transition. The restric6ons and requirements in sections 410.03(g)
28 and 410.04(g) of this chapter shall not apply to licenses issued under this chapter to a club which
29 at the rime of an application for an on-sale license held a private club license under former
30 Chapter 404 of this Code far the same premises for which ,the on-sale license hereunder is
31 sought or wi 11 be issued for so long as the on-sale license remains at that location and the
32 licensed premises is not enlarged. Such licensed premises will be deemed a lawful
33 nonconfornung use under the zoning code.
34
35
99 - �g5
�
2
3
4
5
Section 2
This ordinance shall take effect and be in full force thuty (30) days following its passage,
approval and publication.
ORIGfNAL
ag-
Requested by Department of:
Adopted by Council: Date
Adoption Certified by CounCil Secretary
By:
Approved by Mayor: Date
By:
Hy'
Form Approved by City Attorney��
Bv: �/r�r'�a�2 � ��.Y.-u.�,
/
Approved by ayor for Submission to Council
By'
bb/21/1994 19:04 6517742135 DIST TWO COUNCIL PAGE 02
DISTRICT 2 CONINiL1NIT�' COUleTCIL �'� ��
SERVING THE NEIGHBORHOOAS OF NORTHEAS'ZERN SAINT PAUL
May 25, 1999
Saint Paul City Council
15 West Kellogg
Saint Paul, MN 5102
PARTCWpy/GREBNBRIER � BPAVER LAKE HEtGHTS
PROSPERITY HEIGHTS • HAYDEN HEtGH'is
PHALEN VILLAGE � LINCOLN PARK
EAST PHAI,EN • HAZEL PARK
FROS7 LnKE � HIU,CRES7
Regarding: Item #34 An Ordinance to establish a distance ]imitation between
establishments licensed to se113.2 percent liquor at off-sale
Dear City Council Members,
At the May 24, 1999 Execurive Boazd meeung of the Dish 2 Community Councii, the
Execu#ive Board unanimously voted to support the proposed ordinance to restrict 3.2
percent off-sale liquor to one per each half mile.
She sale of alcoho] to minors is a major concem in our neighborhood and throughout the
city. Restricting the ease of access of alcohol to minors shouid be a concem of every
council member. Though the grocers wiil dispute it, 3.2 beer frora convenience stores is
and has been angoing avenue of alcohol access for underage drinkers.
With our current high empioyment nte one need only stop in to the local convenience
store to realize that we are �pecting some very young adults to be deternnining the ages
of customers and to not bow to peer pzessvze and sell to their friends. It is also aot
unusual to find a minor as the only empioyee in the store, a situation where alcohol sales
aze required to stop.
It is cleaz that the City of Saint Paul does not have the resources to monitor all of its off-
sale 3.21icenses to a high enough degree to control underage access to alcohol, nor would
that necessarily be the best use of its zesources. It would seem prudent then to pass the
proposed ordanance and thereby limit the number of new pem�iGs to one per half milc.
Thank you, for your consideration in this matter.
S' cere ,
�
Chuck Repke �
Community Organi2er
1961 SHERwOOD AvsNUE • SAlNT PAUL � MN • 55 i 19-3230 • PHONF: (651) 774-2220 • Fax: (651) 774-2 ] 35
3
, . e"^ —
S v.' ( �S�'��y� �. , �vrc_ � ` �g`\`1
ORDINANCE
CITY OF SAINT PAUL. MINNESOTA
Presented By
Refened To
Council File # �°� - 3�5
Ordinance #
Green Sheet #
Committee Date :
'✓)
v �-
� �
2 An ordinance to establish proximity of establishments licensed to
3 se113.2 percent malt liquor at off-sale to other such establishments
4 as a factor to consider in whether to issue the license
0
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
PUBlf$HEp
JUL 3 �ggg
Secrion 1
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Section 410.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 410.03. Licensing requirements.
(a) Application. Any person desiring either of the licenses as hereinbefore described shall first
make an application therefor to the council of the City of Saint Paul by filing with the inspector
of said city for presentazion by him to the council of an application in writing therefor, which
said application sha11 set forth with reasonable accuracy the name and place of residence of the
applicant; the exact location of the place at which the applicant proposes to carry on the business
of selling noninto�cating malt liquors; and whether or not he has at any time previous to the date
thereof been engaged in said business or in the business of selling foodstuffs in the City of Saint
Paul, and if so, when and where. Said application shall be signed by the applicant in person or by
an officer of the ciub seeking said license or by an officer of the corporation seeking said license,
and when received by the inspector shall be by him placed on file, and the name of the applicant
sha11 be by him registered in a book of registration to be kept in the office of said inspector for
that purpose; provided, however, that said inspector shall not receive such application or register
the name of said applicant unless the application is accompanied by the fee required by secrion
410.02.
(b) Reserved.
��(c) No Zicense after convfction; underage. No license sha11 be issued, consistent with and
�°ct to Minnesota Statutes, Chapter 364, if the applicant has been convicted of any crime
~ ��he manufactute, sale, distribution ar possession for sale or distribution of intoxicating
"=ng liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions
� shall be issued to any person who is not at least twenty-one (21)
\
�
(d) Reserved.
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
�g _ 3a5
(e) Exception if compliarece with other bonding requirements. For those appiicants also
applying for or akeady having an on-sale wine license pursuanY to section 40915, compliance
with the bonding requirements of secrion 409.Ob(j) satisfies the bonding requirements of
para�raph (d) of tlus section.
(fl Investigation. The applicant sha11 permit representatives of the division of public health,
department of police and deparnnent of fire and safety services to inspect and exauvne the place
of business described in the application, together with all the appliances and instruments used or
to be used in the transaction of the business for which the license is sought, and any refusal on
the part of such applicant to pernut such inspection shall be deemed as sufficient ground upon
which the council shall refuse to issue the license applied for. When the a�lication is for the
sale of 3.2 malt liquor at off-sale the Office of License. Inspections and Environmental
Protection shall deternrine whether there aze other uremises licensed for the sale of 3.2 malt
liauor at off-sale within a half-mile radius of the proposed location. In addition to an, oy ther
grounds under Saint Paul Legislative Code §310.06 ) it shall be a basis for denial of the license
if the CitXCouncil, in its discretion. determines (1) that the proximity of other licenses for the
sale of 3.2 malt liquor at off=sale would result in an over-concentration of such licenses in one
neighborhood, which would adversely impact the neighborhood or its residents, programs andfor
institutions. or (2�that the new license at that location would have an adverse im�act on the
welfare of the city in terms of litter. disorderly conduct ar traffic. T'his subdivision sha11 apply to
� annlications for 3.2 malt off-sale licenses pendine on the effecrive date of this amendment .
25 (g) License near school or church. No license far on-sale noninto�cating malt liquors shall be
26 issued for any premises, except for a restaurant as defined in section 40915 hauing an on-sale
27 wine or intoxicating malt liquor license, located within three hundred (300) feet from any public
28 or parochial school, church or synagogue, said three hundred (300) feet being calculated and
29 computed as the distance measured from the properry line of the premises or building proposed
30 as the location for the nonintoxicating malt liqnor license to the properiy line of any school,
31 church ar synagogue in the area for which the license is sought.
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
All licenses in force and effect on November 10, 1962, the location of which license is in
conflict with the provisions hereof may be renewed or otherwise dealt with in accordance with
law, it being the intent of this pazagraph to be applied prospectively for proposed locarions of
licenses, and fiu�ther it being the intent of this pazagraph that the limitations set forth in this
paragraph shall in no manner be applicable to any hotel or motel.
Upon written petirion signed on behalf of the school, church or synagogue located within three
hundred (300) feet of the proposed location of the license, the council may by a five-sevenths
vote disregard the provisions of this pazagraph insofar as location adj acent to a school, church or
synagogue of a proposed license is concerned.
(h) Public hearing,• notices. No new on-sale or off-sale license shall be issued unril the
council's committee designated to heat license matters shall have first held a public hearing on
the application. The notification requirements applicable to change in licensed azeas in seetion
410.07 shall be applicable in the issuance of new licenses.
(i) Unlawful use of weapons. If during any twelve-month period there aze reported two (2) or
more incidents Involving unlawful use or handling of firearms, assault weapons or knives, as
1 defined in section 225A1, on any licensed on-sale premises, a public heating shall be conducted
2 by the council. Any adverse action may be considered by the council pursuant to the hearing �� _� �S
3 provisions of section 310.05.
4
5 (}) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not
6 have any interest or ownership, in whole or in part, in a business hoiding a noninto�cating malt
7 liquor license or in the license so held, but a manufacturer or wholesaler of into�cating or
8 noninto�cating liquor may use or have pzoperty rented for retail nonintoxicating liquor sales if
9 the manufactuter or wholesaler has owned the properry continuously since November 1, 1933.
10 For the purpose of this paragraph the term "interest":
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
(1) Includes any pecuniary interest in the ownership, operarion, management or
profits of a retail liquor establishment, and a person who receives money from
time to time, direcfly or indirectly, from a licensee, in the absence of consideration
and excluding gifts or donations, has a pecuniary interest in the retail license; and
(2) Does not include loans; rental agreements; open accounts or other obligafions held
with or without security arising out of the ordinary and regular course of business
of selling or ]easing merchandise, fixtures or supplies to the establishment; an
interest in a corporation owning or operating a hotel, but having at least one
hundred fifiy (150) or more rental units, holding a liquor license in conjunction
therewith or ten (10) percent or less interest in any other corporation holding a
license;and
(3) In determining whether an "interest" exists, the transacflon must have been bona
fide and the reasonable value of the goods and things received as consideration for
a payment by the licensee and all other facts reasonably tending to prove or
disprove the e�stence of a purposeful scheme or arrangement to evade the
restrictions ofthis paragraph must be considered.
(k) Nonconforming clubs; transition. The restricfions and requirements in sections 410.03(g)
and 410.04(g) of this chapter shall not apply to licenses issued under this chapter to a club which
at the time of an application for an on-sale license held a private club license under former
Chapter 404 of this Code for the same premises for which ,the on-sale license hereunder is
sought or will be issued for so long as the on-sale license remains at that locaflon and the
licensed premises is not enlarged. Such licensed premises will be deemed a lawful
nonconfornung use under the zoning code.
1
2
3
4
5
Section 2
This ordinance shall take effect and be in fu11 force thirty (30) days following its passage,
approval and publication.
cl�l _3�s
Requested by Department of:
By:
Adopted Council:
Adoption Certified by
� Porm Approved by City Attorne�
f By: �Z�� c�V n
4q
Approved by Mayor for Svbmission to Council
a : — v' `..i r' Ix By:
Approved by Ma•or: Date - PV �«SnC�
BY: �UL 3 i999
qq-3g5
c�
Council
RSON & PFIONE
GREEN SHEET
No s4o3i
BE OIJ
� oFrumm+rp�cro¢ � arvcau+ra �
❑ tliYAiSOR1EY ❑ CRYCIFAK
❑ FWIMCMLSERVILFtDYl. ❑ AMMCMLiEPY/AGCT6
❑ WYOR(ORKa4�Nl1) ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
DATE �NIiNTED
�'_
TOTAL # OF SIGNATURE PAGES
An ordinance to establish a distance liwitation between establishments Licensed to se11
3.2 percent malt liquor at off-sale.
PLANNING CAMMISSION
CIB COMMITTEE
CNIL SERVICE COMMISSION
RSOWLL SERVICE CUNTRAC�S MUST ANSWER TXE FOl10WING QUESTIONSt
Has fhis persoNfirm ever xrorketl under e contrad Torthis tlepartmeM?
YES NO
Has this persoNfirm ever been a ciry empbyee9
YES NO
Dces ihis pe�soMrcm possess a sidii not nomalypossessetl by arry cunerR dty empbyee?
YES NO
Isthis personfirtn atargeted vendoYt
YES NO
OF TRANSACTION S C0.4T/REVENUE BUDGETFA (CIRCLE ONE) VES NO
sOURCE
ACTNITY NUMBER
(IXPWN)
S�.bs�'.��� - �a� ac�, ����
ORDINANCE
Presented
Refeaed To
An ordinance to establish a distance lunita
establishments licensed to se113.2 percent
2
0
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
THE COUNCIL OF THE CITY OF SAINT P.
Section 410.03 of the Saint Paul Legislative
Sec. 410.03. Licensing requirements.
Counci] File # q� - S
ora�n��e #
Green Sheet # G y 031
A �$,
;e Date :
liquor at off-sale
ORDAIN:
is hereby amended to read as follows:
(a) Application. Any person desiring ither of the licenses as hereinbefore described shall first
make an application therefor to the co cil of the City of Saint Paul by filing with the inspector
of said city for presentation by him t the councii of an application in writing therefor, which
said application shall set forth wi easonable accuracy the name and place of residence of the
applicant; the exact location of th place at which the applicant proposes to carry on the business
of selling noninto�cating malt 'quors; and whether or not he has at any time previous to the date
thereof been engaged in said b iness or in the business of selling foodstuffs in the City of Saint
Paul, and if so, when and w e. Said application shall be signed by the applicant in person or by
an officer of the ciub seeki said license or by an officer of the corporation seeking said 13cense
and when received by
shall be by him regist�
that purpose; providec
the name of said appl�
410.02. f
(b) Reserved.
CITY OF SAINT PAUL,
>
pector shall be by him placed on file, and the name of the applicant
in a book of registration to be kept in the office of said inspector for
wever, that said inspector shall not receive such application or register
unless the application is accompanied by the fee required by section
(c) No lic e after corzviction; underage. No license shall be issued, consistent with and
subject to ' esota Statutes, Chapter 364, if the applicant has been convicted of any crime
involvin the manufacture, sale, distriburion or possession foz sale or distribution of intoxicating
or no ' toxicating liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions
1(1), i(3) and 2. No license shall be issued to any person who is not at least twenty-one (21)
yeazs of age.
(d) ��� License restrictions No license to se113 2�ercent m�tt liquor at off-cale shall
1 be issued to any location within a half-mile radius of anv existing establishment which has been G� -��S
2 issued a license to se113 2 Dercent malt liquor at off-s�le ELn off-sale 3 2 malt liquor license
3 which was validly issued as of the effective date of this ordinance may be renewed so long as the
4 license is in compliance with all other rec��irements of law and there e�st no �rounds for
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
amendment shail be affected by these distance limitations.
(e) Exception if compliance with other bonding requirements. For
applying for or already having an on-sale wine license pursuant to s
with the bonding requirements of section 409.06(j} satisfies the bq�
paragraph (d) of this section. �
(fl Irrvestigation. The applicant shall permit represei
depamnent of police and department of fire and safety
of business deseribed in the application, together with
to be used in the transaction of the business for which'
the part of such applicant to permit such inspection�
which the council shall refuse to issue the license oli
{g) License near school or church. No
issued for any premises, except for a rest
wine or intoxicating malt liquor license, ',
or pazochial school, church or synagogue
computed as the distance measured fro
as the location for the nonintoxicatin m�
chwch or synagogue in the area for c
�e applicants also
a 409.15, compliance
requirements of
tiv s of the division of public health,
ices to insgect and examine the place
the appliances and instruments used or
; license is sought, and any refusal on
be deemed as sufficient ground upon
l for.
lice for on-sale noninto�cicating malt liquors shall be
a t as defined in section 409.15 having an on-sale
o ted within three hundred (300) feet &om any pubiic
said three hundred (300) feet being calculated and
the property line of the premises or building proposed
�It liquor license to the property line of any school,
i the license is sought.
All licenses in force and effec on November 10, 1962, the location of which license is in
conflict with the provisions h eof may be renewed or otherwise dealt with in accordance with
law, it being the intent of ' pazagraph to be applied prospectively for proposed locations of
licenses, and further it be' g the intent of this paragraph that the limitarions set forth in this
pazagraph shall in no m er be applicabie to any hotel or motel.
Upon written peti 'on signed on behalf of the school, church or synagogue located within three
hundred (300) fee of the proposed location of the license, the council may by a five-sevenths
vote disregazd e provisions of this pazagraph insofaz as location adjacent to a school, church or
synagogue of proposed license is concerned.
(h) P blic hearing; notices. No new on-sale or off-sale license shall be issued unril the
un 1's committee designated to hear license matters shall have fust held a public hearing on
° pplication. 'I'he notification requiremenis applicable to change in licensed areas in section
0.07 shall be applicable in the issuance of new licenses.
(i) UnZawful use of weapons. If during any twelve-month period there aze reported two (2) or
more incidents involving unlawful use or handling of fireanns, assault weapons or knives, as
defined in section 225.01, on any licensed on-sale premises, a public hearing shall be conducted
1 by the council. Any adverse action may be considered by the council pursuant to the hearing
2 provisions of section 310.05. rj
3 ; aq_�9
4 (j) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not
5 have any interest or ownership, in whole or in part, in a business holding a nonintoxica ' g malt
6 liquor license or in the license so held, but a manufacturer or wholesaler of intoxica ' or
7 nonirnoxicating liquor may use or have property rented for retail noninto�cating li or sales if
8 the manufactuter or wholesaler has owned the properiy continuously since Nove er 1, 1933.
9 For the purpose of ttris pazagraph the term "interest":
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
(1) Includes any pecuniary interest in the ownersYup, operation,
profits of a retaii liquor establishment, and a person who rec
time to time, directly or indirectly, from a licensee, in the at
and excluding gifts or donations, has a pecuniary interest in
(2) Does not inciude loans; rental agreements; open ac
with or without security arising out of the ordinary
of selling or leasing merchandise, fixtures or suppl
interest in a corporafion owning or operating a hotF
hundred fifty (150) or more rental units, holdin�
therewith or ten (10) percent or less interest in y
license; and
(3) In determining whether an "interesY'
fide and the reasonable valuerof the ;
a payment by the licensee and all ott
disprove the existence of a purposefi
restrictions of this pazagraph must i�f
(k) Nonconforming clubs; tran
and 410.04(g) of this chapter shali
at the time of an application for an
Chapter 404 of this Code for the �
sought or will be issued for so n�
licensed premises is not enl ed.
ment or
: money from
ce ofconsideration
retaii license; and
coun or other obligations held
an regulaz course of business
ie to the establishment; an
, but having at least one
!iquor license in conjunction
other corporation holding a
�ist , the transaction must have been bona
0o and things received as consideration for
:r acts reasonably tending to prove or
scheme or arrangement to evade the
considered.
tao . The restrictions and requirements in secuons 410.03(g)
i apply to licenses issued under this chapter to a club which
n-sale license held a private club license under fortner
ne premises for which ,the on-sale license hereunder is
as the on-sale license remains at that locarion and the
Such licensed preruises will be deemed a lawful
nonconforming use under t�+fe zoning code.
2
3
4
5
Section 2
This ordinance shall take effect and be in fu11 force thirty (3D) days following its passage,
approval and publication.
Requested by Depaztment oE:
By:
Adopted by Council:
Adoptioa Certifiedi
Council Secretaxy
a9-�
Form Approved by City Attorney
BY� �� cct= � �
Approved by Mayor for Submissicn to Council
By: 8y .
Approved by t yor: Date
BY. �— _ —. _ _. _ .
�
'
�
JERRY BLAKEY
CoimcIlmember
CITY OF SAZNT PAIIL
OFFICE OF THE CITY COUNCIL
MEMORANDUM
May 25, 1999
TO:
FROM:
l' 7
Council President Daniel Bostrom
Councilmember Jay Benanav
Councilmember Chris Coleman
Councilmember Michael Harris
Councilmember Kathy Lantry
Councilmembex James Reiter
Councilmember Jerry Blake 1')
Y
AttacSed Subsritute Ordinance
aq -�q�
Attached is a substitute ordinance for distancing requirements for 3.2 malt liquor off-sale. This
is scheduled for public heating today and is item #34 on the agenda.
attach:
CITY HALL THIRD FLOQR SAINT PAUL, MINNESOTA 55102 612/266-8610
sai�,.c
PtinttQ ou Becpded Paper
Council File # gQ . 3�{ S
Ordinance #
ORIGINAL
THE COUNCIL OF THE CITY OF SAINT PAUL BOES ORDAIN:
GreenSheet# 64031
OF SAINT PAUL, MINNESOTA
Presented By
Refened To
Committee Date :
An ordinance to establish a distance lunitation between
establishments licensed to se113.2 percent malt liquor at off-sale
0
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
ORDINANCE
Section 1
Section 410.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 410.03. Licensing requirements.
(a) Application. Any person desiring either of the licenses as hereinbefore described shali first
make an applicafion therefar to the council of the City of Saint Paul by filing with the inspector
of said city for presentation by him to the council of an application in writing therefor, which
said application shall set forth with reasonable accuracy the name and place of residence of the
applicant; the exact location of the place at which the applicant proposes to cany on the business
of selling nonintoxicating malt liquors; and whether or not he has at any tune previous to the date
thereof been engaged in said business or in the business of selling foodstuffs in the City of Saint
Pau1, and if so, when and where. Said application sha11 be signed by the applicant in person or by
an officer of the club seeking said license ar by an officer of the corporation seeking said license,
and when received by the inspector shall be by him placed on file, and the name of the applicant
shall be by him registered in a book of registration to be kept in the office of said inspectar for
that purpose; provided, however, that said inspector shall not receive such application or register
the name of said appiicant unless the application is accompanied by the fee required by section
410.02.
(b) Reserved.
(c) No license after conviction; underage. No license shali be issued, consistent with and
subject to Minnesota Statutes, Chapter 364, if the applicant has been convicted of any crune
involving the manufacture, sale, distribution or possession for sale or distribution of intoxicating
or nonintoxicating liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions
1(1}, i(3) and 2. No license shall be issued to any person who is not at least twenty-one (21)
years of age.
(d) � License restricfions. No license to se113.2 �ercent malt lic�uor at off-sale shall
1 be issued to any location within a half-mile radius of any existiny_ establishment licensed to sell a� . �qc,
2 3.2 percent malt ]iquor at off-sale. An off-sale 3.2 malt liquor license which was validly issued �
3 as of the effective date of this ordinance may be renewed so lone as the license is in compliance
4 with all other rec�uirements of law and there exist no grounds for adverse action. Anv
5 applications for 3.2 malt ofF sale licenses pending on the effective date of this amendment shall
6 be affected bv these distance limitations.
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
(e) Exception if compliance with other bonding requirements. For those applicants also
appiying for or already having an on-sale wine license pursuant to section 409.15, compliance
with the bonding requirements of section 409.06(j) satisfies the bonding requirements of
paragraph (d) of this section.
( fl Investigation. The applicant shall pernut representatives of the division of public health,
deparlment of police and department of fire and safery setvices to inspect and examine the place
of business described in ihe application, together with a11 the appliances and instruments used or
to be used in the transaction of the business for which the license is sought, and any refusal on
the part of such applicant to permit such inspection shall be deemed as sufficient ground upon
which the council shall refuse to issue the license applied for.
(g) License near school or church. No license for on-sale nonintoxicating malt liquors shall be
issued for any premises, except for a restaurant as defined in secrion 409.15 having an on-sale
wine or intoxicating malt liquor license,located within three hundred (3Q0) feet from any public
or pazochial school, church or synagogue, said three hundred (300) feet being calculated and
computed as the distance measured from the property line of the premises or building proposed
as the location for the noninto�cating malt liquor license to the property line of any school,
church or synagogue in the area for which the license is sought.
All licenses in force and effect on November 10, 1962, the location of which license is in
conflict with the provisions hereof may be renewed or othercvise dealt with in accordance with
law, it being the intent of this paragraph to be applied prospectively for proposed locations of
licenses, and fiirther it being the intent of this paragraph that the limitations set forth in this
paragraph shall in no manner be applicable to any hotel or motel.
Upon written petition signed on behalf of the school, church or synagogue located within three
hundred (300) feet of the proposed location of the license, the council may by a five-sevenths
vote disregard the provisions of this pazagraph insofar as location adjacent to a school, church or
synagogue of a proposed license is concerned.
(h) Public hearing; notices. No new on-sale or off=sale license shall be issued unril the
councii's committee designated to hear license matters sha11 have first held a public hearing on
the applicarion. The notification requirements applicable to change in licensed areas in secrion
410.07 shall be applicable in the issuance of new licenses.
(i) Unlawful use of weapons. If during any twelve-month period there are reported two (2) or
more incidents involving uulawfid use or handling of firearms, assauit weapons or knives, as
defined in section 225.01, on any licensed on-sale premises, a public hearing sha11 be conducted
by the council. Any adverse acfion may be considered by the council pursuant to the hearing
provisions of section 310.05.
1 (j) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not
2 have any interest or ownership, in whole or in part, in a business hoiding a noninto�cating malt
3 liquor license or in the license so held, but a manufacturer or wholesaler of into�cating or
4 nonintoxicating liquor may use or have properry rented for retail nonintoxicating liquor sales if
5 the manufacturer or wholesaler has owned the property continuously since November 1, 1933.
6 For the purpose of this paragraph the term "interest":
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1) Inciudes any pecuniary interest in the ownership, operation, management or
profits of a retailliquor establishment, and a person who receives money from
time to time, d'uectly or indirectly, from a licensee, in the absence of consideration
and excluding gifts or donafions, has a pecuniary interest in the retail license; and
(2) Does not include loans; rental agreements; open accounts or other obligations held
with or without security arising out of the ordinary and regular course of business
of selling or leasing merchandise, fixtures or supplies to the establishment; an
interest in a corporation owning or operating a hotel, but having at least one
hundred fifty (150) or more rental units, holding a liquor license in conjunction
therewith ar ten (10) percent or less interest in any other corporation holding a
license; and
(3) In determining whether an"interest" exists, the transaction must have been bona
fide and the reasonable value of the goods and things received as consideration for
a payment by the licensee and all other facts reasonably tending to prove or
disprove the existence of a purposeful scheme ar airangement to evade the
restrictions of this pazagraph must be considered.
26
27 (k) Nonconforming clubs; transition. The restric6ons and requirements in sections 410.03(g)
28 and 410.04(g) of this chapter shall not apply to licenses issued under this chapter to a club which
29 at the rime of an application for an on-sale license held a private club license under former
30 Chapter 404 of this Code far the same premises for which ,the on-sale license hereunder is
31 sought or wi 11 be issued for so long as the on-sale license remains at that location and the
32 licensed premises is not enlarged. Such licensed premises will be deemed a lawful
33 nonconfornung use under the zoning code.
34
35
99 - �g5
�
2
3
4
5
Section 2
This ordinance shall take effect and be in full force thuty (30) days following its passage,
approval and publication.
ORIGfNAL
ag-
Requested by Department of:
Adopted by Council: Date
Adoption Certified by CounCil Secretary
By:
Approved by Mayor: Date
By:
Hy'
Form Approved by City Attorney��
Bv: �/r�r'�a�2 � ��.Y.-u.�,
/
Approved by ayor for Submission to Council
By'
bb/21/1994 19:04 6517742135 DIST TWO COUNCIL PAGE 02
DISTRICT 2 CONINiL1NIT�' COUleTCIL �'� ��
SERVING THE NEIGHBORHOOAS OF NORTHEAS'ZERN SAINT PAUL
May 25, 1999
Saint Paul City Council
15 West Kellogg
Saint Paul, MN 5102
PARTCWpy/GREBNBRIER � BPAVER LAKE HEtGHTS
PROSPERITY HEIGHTS • HAYDEN HEtGH'is
PHALEN VILLAGE � LINCOLN PARK
EAST PHAI,EN • HAZEL PARK
FROS7 LnKE � HIU,CRES7
Regarding: Item #34 An Ordinance to establish a distance ]imitation between
establishments licensed to se113.2 percent liquor at off-sale
Dear City Council Members,
At the May 24, 1999 Execurive Boazd meeung of the Dish 2 Community Councii, the
Execu#ive Board unanimously voted to support the proposed ordinance to restrict 3.2
percent off-sale liquor to one per each half mile.
She sale of alcoho] to minors is a major concem in our neighborhood and throughout the
city. Restricting the ease of access of alcohol to minors shouid be a concem of every
council member. Though the grocers wiil dispute it, 3.2 beer frora convenience stores is
and has been angoing avenue of alcohol access for underage drinkers.
With our current high empioyment nte one need only stop in to the local convenience
store to realize that we are �pecting some very young adults to be deternnining the ages
of customers and to not bow to peer pzessvze and sell to their friends. It is also aot
unusual to find a minor as the only empioyee in the store, a situation where alcohol sales
aze required to stop.
It is cleaz that the City of Saint Paul does not have the resources to monitor all of its off-
sale 3.21icenses to a high enough degree to control underage access to alcohol, nor would
that necessarily be the best use of its zesources. It would seem prudent then to pass the
proposed ordanance and thereby limit the number of new pem�iGs to one per half milc.
Thank you, for your consideration in this matter.
S' cere ,
�
Chuck Repke �
Community Organi2er
1961 SHERwOOD AvsNUE • SAlNT PAUL � MN • 55 i 19-3230 • PHONF: (651) 774-2220 • Fax: (651) 774-2 ] 35