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99-526LL �� ORDINANCE Presented By Referred To 2 3 4 Committee: Date An ordinance to amend Saint Paul Legislarive Code Chapter 409.05 and 409.11; citing Chapter 310 for fees of licenses; waiving fees for goven�mentagencies 6 7 THE COUNCIL OF THE CITY O�' SAINT PAUL DOES 012DAIN: 10 11 Section 1 12 Sections 409.05 of the Saint Paul Legislative Code is amended to read as follows: 13 14 Sec, 409.05. On- and off-sale licenses; term; fees. 15 council File # Q9 — .5�� Ordinance � Green Sheet # .S O y �� PUBtISHFn JllL 311999 16 (a) Term. All licenses for the sale of into�cating liquar shall be for a term of one (1) year from the date of issuance 17 or renewal, except as provided herein. The date shall be determined by the inspector and entered upon the license. In 181990 and 1991, the inspector is hereby authorized and empowered to stagger such license renewal dates 19 administratively, employing a system for random extension of individual licenses on a one-time only basis so that 20 the work load of the license and permit administration on such licenses is spread more or less equally over a twelve- 21 month period. 22 23 (b) License fees, on-sale; semiannual installments. The 24 as snecified in section 310.09(bl of the Le¢islative Code. 25 #'aHsv,�s° 26 27 .... , . 28 29 .... , . 30 31 ,.., , . 32 33 Said sum shall be paid in two (2) equal amounts, the first to be paid before the license is issued or renewed, the 34 second payment to be made within six (6) months from the date of issuance or renewal. 35 36 (c) On-sale license; replacement after revocation. If, for any reason, the on-sale license in this chapter provided for 37 is revoked by the council of the City of Saint Paul, no replacement license shall be issued until the full license fee for CITY OF SAINT PAUL, MINNESOTA 1' the new license due for the remainder of the license yeaz is first paid; provided, however, that in no event shall a 2 licensee pay less than the appiicable annual license fee together with the applicable issuance taac for a license, or 3 combination of licenses, during a license year. �{q � S�� 4 5(d) Increase in on-sale Zicense fee; notice to licensees. The license inspector is hereby directed to notify in writing 6 via U.S. mail all on-sale licensees of the public hearing date for council consideration of any amendments to this 7 section inereasing the license fees. At said public hearing, the department of finance and management services shall 8 present evidence to the council showing the relationship between the proposed fee increase and the costs borne by 9 the city for liquor-related regulating and policing. 10 11 , . 12�A68�9�} 13 14 ffj �Late fees. Norivithstanding the provisions of section 31Q.09, an appiicant for renewal of an on-sale liquor 151icense shall be chazged a late fee in an amount of ten (10) percent of the installment due for such license for each 16 thiriy-day period or portion thereof which had elapsed after the expiration date of such license or semiannual period, 17 and the late fee shall not exceed fifty (50) percent of the annual life. 18 19 (gj �f Annual license fees for clubs and private clubs. The annual license fee for a club and a private club shall be 20 in conformity with Minnesota Statutes, Section 340.40$, subdivision 2(b). The fee required for a license shall be 21 established bv ordinance as specified in section 310.09 (bl of the Le¢islative Code 22 23 . 24 25 2b 27 28 29 30 31 �ij � License fee, gambling Zocations. The license fee for lawful gambling locations shall be as as provided in 32 section 310.09(b) of the Legislative Code. 33 34 �jj {� Notwithstanding subsection (a) of this secrion, where an existing on-sale intoxicating liquor license holder 35 makes application for a new on-sale license for the same location together with one (1) or mare family members as 36 additional license holders, the term of the new license shall coincide with the end of the existing license and end on 37 the same date. No additional license fee for the new license shall be paid for the remainder of the term of the existing 381icense, so long as the license fees for the existing license are fully paid. The normal license fee must be paid in any 39 case for the remainder of the term of the existing license. Each addirional family member becoming a license holder 40 shall fill out an application form for purposes of the background investigation by the license division, and provide 41 such other information as may reasonably be required by the license division, and shall pay a fee of fiHy dollazs 42 ($50.00) with the application. The term "family members," for the purpose of this subsection shall include parents, 43 children, grandchildren, brothers and sisters, together with the spouses of such pazents, children, grandchildren, 44brothers and sisters. 45 46 �il Fee waived�or government agencies The fee for anv license under Chapter 409 shali be waived to �ovemment 47 a encies. 48 i Secrion 2 5 Section 409.11 of the Saint Paul Legislative Code is amended to read as follows: 6 7 Sec. 40911. Transfer of license; change in service area atio . q9_S1(o 4(a) Transfer. No on-sale license granted hereunder shall be transferable from place to place (including changes in l O licensed azeas) without the consent of the ciry council, wtrich consent shall be evidenced by resolution passed by the 11 city council. 12 13 (b) Service area; temporary extensions of service area atio . No license granted for a specified part of any 14particular premises shall pernut sales of such liquor on a part of such premises not specified in the license; or in an 15 azea adjacent to such licensed premises; provided, however, that the license inspector or his or her designee may 16 waive ttris limitation and allow a temporary extension of the liquor service area subject to the following criteria 17 herein established by the city council. Failure to make a waiver and/or allow such a temporary extension is not 18 adverse action and does not require notice and hearing in the event of denial or inaction: 19 20 (1) 21 22 23 (2) 24 25 (3) 26 27 No such extension shall be for more than a continuous iwenty-four-hour period and shall be valid only at times that liquor sales are allowed by law; No licensee shall receive more than twelve (12) such service extensions in any calendar year; The temporary extended service area can be either indoors or outdoors, but must be immediately adjacent to the licensed premises; 28 (4) All business operations on or in the temporary extended service area shall be in compliance with all other 29 requirements of state law and of this chapter, and in particular shall comply with the requirements of the 30 Chapter 293 of tkus Legislative Code relating to noise; 31 32 (5) 33 34 35 (6) 36 37 38 39 40 41 42 43 (7) 44 45 46 47 48 49 50 The temparary extended service area, if outdoors, shall be enclosed by a vertical fence or partition at least four (4) feet in height which allows control of access to and from the liquor service and consumption area; The licensee shall present with his or her application for pernussion for a temporary extension either the written consent or nonobjection of the cifizens' district council whose geographical area encompasses the licensed premises, ar a petition containing a statement in writing with the signatures of sixty (b0) percent or more of the owners and occupants of private residences, dwellings and apartment houses located within two hundred (200) feet of such premises stating that they have no objection to the granting of such temporary extension of service area. If such consent or nonobjection is refused or if such perition fails, the city council may by resolu6on authorize the temporary extension of the service area; and The licensee shall notify, at least ten (10) days in advance of the date of the proposed temporary extension, all owners and occupants who own properiy or reside within three hundred (300) feet of the properry line within which the licensed establishment is located of the proposed temporary extension of liquor service. Such nofice shall be typewritten and include the location, date and time of the proposed extension of liquor service. The notice shall specifically state: "If any person has comments about this proposed temporary extension of liquor service, they aze encouraged to telephone the Mayor and Council Information and Complaint Office.";� . .. ' . . 5(c) Transfers of stock in corporate Zicensees; change in o�cers. 6 7 (1) 9 10 (2) il 12 13 14 15 16 17 (3) 18 19 20 21 (4) 22 23 24 25 26 (5) 27 28 29 30 The transfer of stock in any corQorate license shall be deemed a transfer within the meaning of this section, and no such transfer of stock shall be made without the consent of the city council. It is hereby made the duty of the officers of any cotporation holding a license issued under the authority of this chapter to notify the city council of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer of stock shall be effecrive without the consent of the council given in the manner above set forth. The transfer of any stock without the laiowledge and consent of the city council shall be deemed sufficient cause for revocation by the council of any license granted to such corporarion under the authority ofthis chapter. Such corporate officers shall also notify the city council whenever any change is made in the officers of any such corporation, and the failure to so notify the council shall likewise be sufficient cause for revocation of any liquor license granted to such corporation. Notwithstanding the provisions of this section, publicly owned corporations whose stock is traded on the open market may comply with the requirements pertaining to stock ownership and stock transfer by fumishing the council with the names and addresses of all stockholders of record upon each renewal of the license. An application for the transfer of such a license shall be made by the transferee upon forxns furnished by the division of license and permit administration of the department of finance and management services. Prior to the city council's consideration of said application, the application shall be read by the city clerk at the next regular meeting of the city council. 31 (d) Hearings upon transfers or changes in service area. The council shall schedule a date for public hearing upon 32 said application for transfer or change in licensed azea. At least forty-five (45) days befare a public hearing on a 33 transfer or change in licensed area, the department shall notify by mail all owners and occupants who own property 34 or reside within three hundred fifty (350) feet of the establishment to which the license is to be transferred ar area 35 changed, and ali community organizations that have previously registered with said department to be notified of any 36 such application, of the time, place and the purpose of such hearing, said three hundred fifty (350) feet being 37 calculated and computed as the distance measured in a straight line from the property line of the building where 38 intoxicating liquor is sold, consumed or kept for sale to the property line owned, leased or under the control of the 39 resident. Prior to the hearing date, said department shall submit to the council a list of the names and addresses of 40 each person or organization to whom norice was sent, and certificarion of such list by the deparhnent shall be 41 conclusive evidence of such notice. A transfer or change in licensed azea under this section only becomes effective 42 upon compliance with this section and consent of the council by resolution. The failure to give mailed notice to 43 owners or occupants residing within three hundred fifty (350) feet, or to community organizations, or defects in the 44 notice, shall not invalidate the transfer provided a bona fide attempt to comply with this section has been made. A 45 bona fide attempt is evidenced by a notice addressed to 'bwner" and to "occupanY' of the listed address. Only one (1) 46 notice need be mailed to each house or each rental unit within a multipie-family dweiling regardless of the number 47 of occupants. 48 49 (e) Notice requirement not applicable in downtown business district. The notification requirements of this section 50 shall not be applicable where the license is to be transferred to a place located within the downtown business district. 1' For p'urposes of this section, downtown business district shall include all that portion of the City of Saint Pau��y"1P�'� 2 within and bounded by the following streets: Begimiing at the intersection of Shepard Road with Chestnut Street, 3 Chestnut Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Street, Tenth Street to Interstate Freeway 4 94, Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, 5 Warner Road to the Wabasha Bridge, the Wabasha Bridge across the Mississippi River to the water line on the south 6 bank of the river, thence in a westerly direcfion along the shore line to the point at which it intersects with "Line A," 7 and then in a strai�t line across the Mississippi River to the intersection of Chestnut Street with Shepazd Road. The 8 location and legal description of "Line A" is indicated on the map attached hereto, and incorporated and adopted 9 herein by reference. 10 ll(� No transfers person to person. Notwithstanding any other provision in the 5aint Paul Legislative Code, no on- 12 sale license shall be transferable from person to person. 13 14 (g) PZace to p1¢ce transfers Zimited. Notwithstanding any other provision in the Saint Paul Legislative Code, an on- 15 sale license may be transferable from place to place within one (1) liquor patrol limit as defined in section 17.07 of 16 the City Charter, and from such liquor patrol 1'unit to any locarion in a commerciai development dishict, also as 17 defined in said section of the Charter, so long as the transfer and new location meet ali the requirements of law, 18 ordinance, Code or Charter. An on-sale license may be transferable from place to place into a liquor patrol limit 19 subject to all the restrictions and requirements of section 17.07.2 of the City Charter. 20 21 (h) License is a privilege. A license issued under this chapter as a privilege accarded to the licensee to engage in all 22 the lawful activities permitted thereunder and is neither property nor a property right. Such license may not be 231eased, assigned, pledged, mortgaged or liened. An agreement providing for management of the licensed business ar 24premises (or any part thereo fl shall be reduced to writing, executed by the parties thereto and filed within ten (10) 25 days after its execution in the office of the inspector. Failure to reduce a management agreement to wriring, and 26 failure to file the same with the inspector as required above, shall each constihxte sepazate grounds for adverse 27 action. The licensee notwithstanding a management agreement remains fully responsible for the licensed business 28 and/or premises, as well as the conduct of all employees, managers and agents in accordance with sections 310.17 29 and 409.14 of the Code. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 T 2 3 4 (i) A'ddition of family members to the license. Notwithstanding any other provision of law to the contrary, the addition of one (1) or more family members as defined in section 409.05(k) of the Legislative Code as partners, officers or shareholders in a paztnership or corporation holding a license under this chapter shall not be deemed to be a transfer of the license or to require the submission of an original application for a license so long as all the additional family members comply with the provisions of section 409.05(k). qq �S 7V � Section 3 10 This ordinance shall take effect and be in full force (30) days foliowing its passage, approval and publication. �� Requested by Department of: L,i 247adopted 25 26zaaoptio 27 28sY: � 29 30Approved 31 32sy: by Councilc Date �� n Certified by Council Secretary by M�� Date ��/�� OPfice of License, Inspections and Environmental Prote tion By: Form Approved by City Attorney BY �(hQ,v�+-�r�-/�G �o�..r� Approved py Mayor for�Submission to PfIRIdCNFr§ JUL 31 �g99 � OFFICE OF vzrp Date: GREEIV SHEET Robert Kessler April s, 1999 266-9112 No . 50411 `�" HPARIMEN'f DIRHCfOR ITY COUNCIL �UN� 9 A��/�� .� _� A�� _� � �� ust be on Council Agenda by: �^�° � DI�cmR IN. 8 MGl. SVC. DIR. SAP YOR (OR ASSISTF�NT) OTAL # OF SIGNATIIRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: mending Sections 409.05 and 409.11 of Che Saint Paul Legislative Code ertaining to the licensing of liquor; citing Chapter 310 for the license fees and waiving fees for government agencies. COM1Pff.NDATIONS: APPROVE (A) OA ASJECT (R) SRSONAL SSRVICS CONTRTClS MOST ANSNSR TH8 POLLOCPIHG: PLANI7ING COMMISSION CIVIL SERVICB COI�II4ISSION 1. Has the person/fism ever worked under a contract for this department? CIH COMMITTS6 SUSINESS AEVIEW COUNCIL ]BS NO STAFP _ Iiys this person/£irm ever been a City employee? DSSTRICP COURT YES NO 3. Does this pexaon(fixm possesa a skill not nosmally possessed by any SUPPORTS WHICH CpUNCIL OBJECTIV&? �iient City emplOyee? YES NO laia all Y85 aaeaers oa a separaYe aheat and atiach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Costs for various liquor license fees are located in both Chapter 409 and 310 of the Saint Paul Legislative Code; the fees in both chapters are inconsistent, causing a discrepancy in the amount charged for liquor licenses. VANTAGES IF APPROVED: Fees for liquor licenses will be accurate and consistent. �''R- `;"��-''� `L�_�._� � ��..; DISADVANTAGES IF APPROVED: �!;� ?J �� one apparent. � � tt, ; � �: :.,=� y ,.. : .. � �� y;9 � � �€:- . ISADVANTAGES SF NOT APPROVED: " ° -- Chapters 310 and 409 will remain inconsistent; the cost of liquor licenses will remain confusing and inconsistent. TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY N[JMBER FINANCIAL INFORMATION: (EXPLAIN) �QUt£C�°3 �?eS��"C'� ��?t2r ' _ ,..+ LL �� ORDINANCE Presented By Referred To 2 3 4 Committee: Date An ordinance to amend Saint Paul Legislarive Code Chapter 409.05 and 409.11; citing Chapter 310 for fees of licenses; waiving fees for goven�mentagencies 6 7 THE COUNCIL OF THE CITY O�' SAINT PAUL DOES 012DAIN: 10 11 Section 1 12 Sections 409.05 of the Saint Paul Legislative Code is amended to read as follows: 13 14 Sec, 409.05. On- and off-sale licenses; term; fees. 15 council File # Q9 — .5�� Ordinance � Green Sheet # .S O y �� PUBtISHFn JllL 311999 16 (a) Term. All licenses for the sale of into�cating liquar shall be for a term of one (1) year from the date of issuance 17 or renewal, except as provided herein. The date shall be determined by the inspector and entered upon the license. In 181990 and 1991, the inspector is hereby authorized and empowered to stagger such license renewal dates 19 administratively, employing a system for random extension of individual licenses on a one-time only basis so that 20 the work load of the license and permit administration on such licenses is spread more or less equally over a twelve- 21 month period. 22 23 (b) License fees, on-sale; semiannual installments. The 24 as snecified in section 310.09(bl of the Le¢islative Code. 25 #'aHsv,�s° 26 27 .... , . 28 29 .... , . 30 31 ,.., , . 32 33 Said sum shall be paid in two (2) equal amounts, the first to be paid before the license is issued or renewed, the 34 second payment to be made within six (6) months from the date of issuance or renewal. 35 36 (c) On-sale license; replacement after revocation. If, for any reason, the on-sale license in this chapter provided for 37 is revoked by the council of the City of Saint Paul, no replacement license shall be issued until the full license fee for CITY OF SAINT PAUL, MINNESOTA 1' the new license due for the remainder of the license yeaz is first paid; provided, however, that in no event shall a 2 licensee pay less than the appiicable annual license fee together with the applicable issuance taac for a license, or 3 combination of licenses, during a license year. �{q � S�� 4 5(d) Increase in on-sale Zicense fee; notice to licensees. The license inspector is hereby directed to notify in writing 6 via U.S. mail all on-sale licensees of the public hearing date for council consideration of any amendments to this 7 section inereasing the license fees. At said public hearing, the department of finance and management services shall 8 present evidence to the council showing the relationship between the proposed fee increase and the costs borne by 9 the city for liquor-related regulating and policing. 10 11 , . 12�A68�9�} 13 14 ffj �Late fees. Norivithstanding the provisions of section 31Q.09, an appiicant for renewal of an on-sale liquor 151icense shall be chazged a late fee in an amount of ten (10) percent of the installment due for such license for each 16 thiriy-day period or portion thereof which had elapsed after the expiration date of such license or semiannual period, 17 and the late fee shall not exceed fifty (50) percent of the annual life. 18 19 (gj �f Annual license fees for clubs and private clubs. The annual license fee for a club and a private club shall be 20 in conformity with Minnesota Statutes, Section 340.40$, subdivision 2(b). The fee required for a license shall be 21 established bv ordinance as specified in section 310.09 (bl of the Le¢islative Code 22 23 . 24 25 2b 27 28 29 30 31 �ij � License fee, gambling Zocations. The license fee for lawful gambling locations shall be as as provided in 32 section 310.09(b) of the Legislative Code. 33 34 �jj {� Notwithstanding subsection (a) of this secrion, where an existing on-sale intoxicating liquor license holder 35 makes application for a new on-sale license for the same location together with one (1) or mare family members as 36 additional license holders, the term of the new license shall coincide with the end of the existing license and end on 37 the same date. No additional license fee for the new license shall be paid for the remainder of the term of the existing 381icense, so long as the license fees for the existing license are fully paid. The normal license fee must be paid in any 39 case for the remainder of the term of the existing license. Each addirional family member becoming a license holder 40 shall fill out an application form for purposes of the background investigation by the license division, and provide 41 such other information as may reasonably be required by the license division, and shall pay a fee of fiHy dollazs 42 ($50.00) with the application. The term "family members," for the purpose of this subsection shall include parents, 43 children, grandchildren, brothers and sisters, together with the spouses of such pazents, children, grandchildren, 44brothers and sisters. 45 46 �il Fee waived�or government agencies The fee for anv license under Chapter 409 shali be waived to �ovemment 47 a encies. 48 i Secrion 2 5 Section 409.11 of the Saint Paul Legislative Code is amended to read as follows: 6 7 Sec. 40911. Transfer of license; change in service area atio . q9_S1(o 4(a) Transfer. No on-sale license granted hereunder shall be transferable from place to place (including changes in l O licensed azeas) without the consent of the ciry council, wtrich consent shall be evidenced by resolution passed by the 11 city council. 12 13 (b) Service area; temporary extensions of service area atio . No license granted for a specified part of any 14particular premises shall pernut sales of such liquor on a part of such premises not specified in the license; or in an 15 azea adjacent to such licensed premises; provided, however, that the license inspector or his or her designee may 16 waive ttris limitation and allow a temporary extension of the liquor service area subject to the following criteria 17 herein established by the city council. Failure to make a waiver and/or allow such a temporary extension is not 18 adverse action and does not require notice and hearing in the event of denial or inaction: 19 20 (1) 21 22 23 (2) 24 25 (3) 26 27 No such extension shall be for more than a continuous iwenty-four-hour period and shall be valid only at times that liquor sales are allowed by law; No licensee shall receive more than twelve (12) such service extensions in any calendar year; The temporary extended service area can be either indoors or outdoors, but must be immediately adjacent to the licensed premises; 28 (4) All business operations on or in the temporary extended service area shall be in compliance with all other 29 requirements of state law and of this chapter, and in particular shall comply with the requirements of the 30 Chapter 293 of tkus Legislative Code relating to noise; 31 32 (5) 33 34 35 (6) 36 37 38 39 40 41 42 43 (7) 44 45 46 47 48 49 50 The temparary extended service area, if outdoors, shall be enclosed by a vertical fence or partition at least four (4) feet in height which allows control of access to and from the liquor service and consumption area; The licensee shall present with his or her application for pernussion for a temporary extension either the written consent or nonobjection of the cifizens' district council whose geographical area encompasses the licensed premises, ar a petition containing a statement in writing with the signatures of sixty (b0) percent or more of the owners and occupants of private residences, dwellings and apartment houses located within two hundred (200) feet of such premises stating that they have no objection to the granting of such temporary extension of service area. If such consent or nonobjection is refused or if such perition fails, the city council may by resolu6on authorize the temporary extension of the service area; and The licensee shall notify, at least ten (10) days in advance of the date of the proposed temporary extension, all owners and occupants who own properiy or reside within three hundred (300) feet of the properry line within which the licensed establishment is located of the proposed temporary extension of liquor service. Such nofice shall be typewritten and include the location, date and time of the proposed extension of liquor service. The notice shall specifically state: "If any person has comments about this proposed temporary extension of liquor service, they aze encouraged to telephone the Mayor and Council Information and Complaint Office.";� . .. ' . . 5(c) Transfers of stock in corporate Zicensees; change in o�cers. 6 7 (1) 9 10 (2) il 12 13 14 15 16 17 (3) 18 19 20 21 (4) 22 23 24 25 26 (5) 27 28 29 30 The transfer of stock in any corQorate license shall be deemed a transfer within the meaning of this section, and no such transfer of stock shall be made without the consent of the city council. It is hereby made the duty of the officers of any cotporation holding a license issued under the authority of this chapter to notify the city council of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer of stock shall be effecrive without the consent of the council given in the manner above set forth. The transfer of any stock without the laiowledge and consent of the city council shall be deemed sufficient cause for revocation by the council of any license granted to such corporarion under the authority ofthis chapter. Such corporate officers shall also notify the city council whenever any change is made in the officers of any such corporation, and the failure to so notify the council shall likewise be sufficient cause for revocation of any liquor license granted to such corporation. Notwithstanding the provisions of this section, publicly owned corporations whose stock is traded on the open market may comply with the requirements pertaining to stock ownership and stock transfer by fumishing the council with the names and addresses of all stockholders of record upon each renewal of the license. An application for the transfer of such a license shall be made by the transferee upon forxns furnished by the division of license and permit administration of the department of finance and management services. Prior to the city council's consideration of said application, the application shall be read by the city clerk at the next regular meeting of the city council. 31 (d) Hearings upon transfers or changes in service area. The council shall schedule a date for public hearing upon 32 said application for transfer or change in licensed azea. At least forty-five (45) days befare a public hearing on a 33 transfer or change in licensed area, the department shall notify by mail all owners and occupants who own property 34 or reside within three hundred fifty (350) feet of the establishment to which the license is to be transferred ar area 35 changed, and ali community organizations that have previously registered with said department to be notified of any 36 such application, of the time, place and the purpose of such hearing, said three hundred fifty (350) feet being 37 calculated and computed as the distance measured in a straight line from the property line of the building where 38 intoxicating liquor is sold, consumed or kept for sale to the property line owned, leased or under the control of the 39 resident. Prior to the hearing date, said department shall submit to the council a list of the names and addresses of 40 each person or organization to whom norice was sent, and certificarion of such list by the deparhnent shall be 41 conclusive evidence of such notice. A transfer or change in licensed azea under this section only becomes effective 42 upon compliance with this section and consent of the council by resolution. The failure to give mailed notice to 43 owners or occupants residing within three hundred fifty (350) feet, or to community organizations, or defects in the 44 notice, shall not invalidate the transfer provided a bona fide attempt to comply with this section has been made. A 45 bona fide attempt is evidenced by a notice addressed to 'bwner" and to "occupanY' of the listed address. Only one (1) 46 notice need be mailed to each house or each rental unit within a multipie-family dweiling regardless of the number 47 of occupants. 48 49 (e) Notice requirement not applicable in downtown business district. The notification requirements of this section 50 shall not be applicable where the license is to be transferred to a place located within the downtown business district. 1' For p'urposes of this section, downtown business district shall include all that portion of the City of Saint Pau��y"1P�'� 2 within and bounded by the following streets: Begimiing at the intersection of Shepard Road with Chestnut Street, 3 Chestnut Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Street, Tenth Street to Interstate Freeway 4 94, Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, 5 Warner Road to the Wabasha Bridge, the Wabasha Bridge across the Mississippi River to the water line on the south 6 bank of the river, thence in a westerly direcfion along the shore line to the point at which it intersects with "Line A," 7 and then in a strai�t line across the Mississippi River to the intersection of Chestnut Street with Shepazd Road. The 8 location and legal description of "Line A" is indicated on the map attached hereto, and incorporated and adopted 9 herein by reference. 10 ll(� No transfers person to person. Notwithstanding any other provision in the 5aint Paul Legislative Code, no on- 12 sale license shall be transferable from person to person. 13 14 (g) PZace to p1¢ce transfers Zimited. Notwithstanding any other provision in the Saint Paul Legislative Code, an on- 15 sale license may be transferable from place to place within one (1) liquor patrol limit as defined in section 17.07 of 16 the City Charter, and from such liquor patrol 1'unit to any locarion in a commerciai development dishict, also as 17 defined in said section of the Charter, so long as the transfer and new location meet ali the requirements of law, 18 ordinance, Code or Charter. An on-sale license may be transferable from place to place into a liquor patrol limit 19 subject to all the restrictions and requirements of section 17.07.2 of the City Charter. 20 21 (h) License is a privilege. A license issued under this chapter as a privilege accarded to the licensee to engage in all 22 the lawful activities permitted thereunder and is neither property nor a property right. Such license may not be 231eased, assigned, pledged, mortgaged or liened. An agreement providing for management of the licensed business ar 24premises (or any part thereo fl shall be reduced to writing, executed by the parties thereto and filed within ten (10) 25 days after its execution in the office of the inspector. Failure to reduce a management agreement to wriring, and 26 failure to file the same with the inspector as required above, shall each constihxte sepazate grounds for adverse 27 action. The licensee notwithstanding a management agreement remains fully responsible for the licensed business 28 and/or premises, as well as the conduct of all employees, managers and agents in accordance with sections 310.17 29 and 409.14 of the Code. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 T 2 3 4 (i) A'ddition of family members to the license. Notwithstanding any other provision of law to the contrary, the addition of one (1) or more family members as defined in section 409.05(k) of the Legislative Code as partners, officers or shareholders in a paztnership or corporation holding a license under this chapter shall not be deemed to be a transfer of the license or to require the submission of an original application for a license so long as all the additional family members comply with the provisions of section 409.05(k). qq �S 7V � Section 3 10 This ordinance shall take effect and be in full force (30) days foliowing its passage, approval and publication. �� Requested by Department of: L,i 247adopted 25 26zaaoptio 27 28sY: � 29 30Approved 31 32sy: by Councilc Date �� n Certified by Council Secretary by M�� Date ��/�� OPfice of License, Inspections and Environmental Prote tion By: Form Approved by City Attorney BY �(hQ,v�+-�r�-/�G �o�..r� Approved py Mayor for�Submission to PfIRIdCNFr§ JUL 31 �g99 � OFFICE OF vzrp Date: GREEIV SHEET Robert Kessler April s, 1999 266-9112 No . 50411 `�" HPARIMEN'f DIRHCfOR ITY COUNCIL �UN� 9 A��/�� .� _� A�� _� � �� ust be on Council Agenda by: �^�° � DI�cmR IN. 8 MGl. SVC. DIR. SAP YOR (OR ASSISTF�NT) OTAL # OF SIGNATIIRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: mending Sections 409.05 and 409.11 of Che Saint Paul Legislative Code ertaining to the licensing of liquor; citing Chapter 310 for the license fees and waiving fees for government agencies. COM1Pff.NDATIONS: APPROVE (A) OA ASJECT (R) SRSONAL SSRVICS CONTRTClS MOST ANSNSR TH8 POLLOCPIHG: PLANI7ING COMMISSION CIVIL SERVICB COI�II4ISSION 1. Has the person/fism ever worked under a contract for this department? CIH COMMITTS6 SUSINESS AEVIEW COUNCIL ]BS NO STAFP _ Iiys this person/£irm ever been a City employee? DSSTRICP COURT YES NO 3. Does this pexaon(fixm possesa a skill not nosmally possessed by any SUPPORTS WHICH CpUNCIL OBJECTIV&? �iient City emplOyee? YES NO laia all Y85 aaeaers oa a separaYe aheat and atiach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Costs for various liquor license fees are located in both Chapter 409 and 310 of the Saint Paul Legislative Code; the fees in both chapters are inconsistent, causing a discrepancy in the amount charged for liquor licenses. VANTAGES IF APPROVED: Fees for liquor licenses will be accurate and consistent. �''R- `;"��-''� `L�_�._� � ��..; DISADVANTAGES IF APPROVED: �!;� ?J �� one apparent. � � tt, ; � �: :.,=� y ,.. : .. � �� y;9 � � �€:- . ISADVANTAGES SF NOT APPROVED: " ° -- Chapters 310 and 409 will remain inconsistent; the cost of liquor licenses will remain confusing and inconsistent. TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY N[JMBER FINANCIAL INFORMATION: (EXPLAIN) �QUt£C�°3 �?eS��"C'� ��?t2r ' _ ,..+ LL �� ORDINANCE Presented By Referred To 2 3 4 Committee: Date An ordinance to amend Saint Paul Legislarive Code Chapter 409.05 and 409.11; citing Chapter 310 for fees of licenses; waiving fees for goven�mentagencies 6 7 THE COUNCIL OF THE CITY O�' SAINT PAUL DOES 012DAIN: 10 11 Section 1 12 Sections 409.05 of the Saint Paul Legislative Code is amended to read as follows: 13 14 Sec, 409.05. On- and off-sale licenses; term; fees. 15 council File # Q9 — .5�� Ordinance � Green Sheet # .S O y �� PUBtISHFn JllL 311999 16 (a) Term. All licenses for the sale of into�cating liquar shall be for a term of one (1) year from the date of issuance 17 or renewal, except as provided herein. The date shall be determined by the inspector and entered upon the license. In 181990 and 1991, the inspector is hereby authorized and empowered to stagger such license renewal dates 19 administratively, employing a system for random extension of individual licenses on a one-time only basis so that 20 the work load of the license and permit administration on such licenses is spread more or less equally over a twelve- 21 month period. 22 23 (b) License fees, on-sale; semiannual installments. The 24 as snecified in section 310.09(bl of the Le¢islative Code. 25 #'aHsv,�s° 26 27 .... , . 28 29 .... , . 30 31 ,.., , . 32 33 Said sum shall be paid in two (2) equal amounts, the first to be paid before the license is issued or renewed, the 34 second payment to be made within six (6) months from the date of issuance or renewal. 35 36 (c) On-sale license; replacement after revocation. If, for any reason, the on-sale license in this chapter provided for 37 is revoked by the council of the City of Saint Paul, no replacement license shall be issued until the full license fee for CITY OF SAINT PAUL, MINNESOTA 1' the new license due for the remainder of the license yeaz is first paid; provided, however, that in no event shall a 2 licensee pay less than the appiicable annual license fee together with the applicable issuance taac for a license, or 3 combination of licenses, during a license year. �{q � S�� 4 5(d) Increase in on-sale Zicense fee; notice to licensees. The license inspector is hereby directed to notify in writing 6 via U.S. mail all on-sale licensees of the public hearing date for council consideration of any amendments to this 7 section inereasing the license fees. At said public hearing, the department of finance and management services shall 8 present evidence to the council showing the relationship between the proposed fee increase and the costs borne by 9 the city for liquor-related regulating and policing. 10 11 , . 12�A68�9�} 13 14 ffj �Late fees. Norivithstanding the provisions of section 31Q.09, an appiicant for renewal of an on-sale liquor 151icense shall be chazged a late fee in an amount of ten (10) percent of the installment due for such license for each 16 thiriy-day period or portion thereof which had elapsed after the expiration date of such license or semiannual period, 17 and the late fee shall not exceed fifty (50) percent of the annual life. 18 19 (gj �f Annual license fees for clubs and private clubs. The annual license fee for a club and a private club shall be 20 in conformity with Minnesota Statutes, Section 340.40$, subdivision 2(b). The fee required for a license shall be 21 established bv ordinance as specified in section 310.09 (bl of the Le¢islative Code 22 23 . 24 25 2b 27 28 29 30 31 �ij � License fee, gambling Zocations. The license fee for lawful gambling locations shall be as as provided in 32 section 310.09(b) of the Legislative Code. 33 34 �jj {� Notwithstanding subsection (a) of this secrion, where an existing on-sale intoxicating liquor license holder 35 makes application for a new on-sale license for the same location together with one (1) or mare family members as 36 additional license holders, the term of the new license shall coincide with the end of the existing license and end on 37 the same date. No additional license fee for the new license shall be paid for the remainder of the term of the existing 381icense, so long as the license fees for the existing license are fully paid. The normal license fee must be paid in any 39 case for the remainder of the term of the existing license. Each addirional family member becoming a license holder 40 shall fill out an application form for purposes of the background investigation by the license division, and provide 41 such other information as may reasonably be required by the license division, and shall pay a fee of fiHy dollazs 42 ($50.00) with the application. The term "family members," for the purpose of this subsection shall include parents, 43 children, grandchildren, brothers and sisters, together with the spouses of such pazents, children, grandchildren, 44brothers and sisters. 45 46 �il Fee waived�or government agencies The fee for anv license under Chapter 409 shali be waived to �ovemment 47 a encies. 48 i Secrion 2 5 Section 409.11 of the Saint Paul Legislative Code is amended to read as follows: 6 7 Sec. 40911. Transfer of license; change in service area atio . q9_S1(o 4(a) Transfer. No on-sale license granted hereunder shall be transferable from place to place (including changes in l O licensed azeas) without the consent of the ciry council, wtrich consent shall be evidenced by resolution passed by the 11 city council. 12 13 (b) Service area; temporary extensions of service area atio . No license granted for a specified part of any 14particular premises shall pernut sales of such liquor on a part of such premises not specified in the license; or in an 15 azea adjacent to such licensed premises; provided, however, that the license inspector or his or her designee may 16 waive ttris limitation and allow a temporary extension of the liquor service area subject to the following criteria 17 herein established by the city council. Failure to make a waiver and/or allow such a temporary extension is not 18 adverse action and does not require notice and hearing in the event of denial or inaction: 19 20 (1) 21 22 23 (2) 24 25 (3) 26 27 No such extension shall be for more than a continuous iwenty-four-hour period and shall be valid only at times that liquor sales are allowed by law; No licensee shall receive more than twelve (12) such service extensions in any calendar year; The temporary extended service area can be either indoors or outdoors, but must be immediately adjacent to the licensed premises; 28 (4) All business operations on or in the temporary extended service area shall be in compliance with all other 29 requirements of state law and of this chapter, and in particular shall comply with the requirements of the 30 Chapter 293 of tkus Legislative Code relating to noise; 31 32 (5) 33 34 35 (6) 36 37 38 39 40 41 42 43 (7) 44 45 46 47 48 49 50 The temparary extended service area, if outdoors, shall be enclosed by a vertical fence or partition at least four (4) feet in height which allows control of access to and from the liquor service and consumption area; The licensee shall present with his or her application for pernussion for a temporary extension either the written consent or nonobjection of the cifizens' district council whose geographical area encompasses the licensed premises, ar a petition containing a statement in writing with the signatures of sixty (b0) percent or more of the owners and occupants of private residences, dwellings and apartment houses located within two hundred (200) feet of such premises stating that they have no objection to the granting of such temporary extension of service area. If such consent or nonobjection is refused or if such perition fails, the city council may by resolu6on authorize the temporary extension of the service area; and The licensee shall notify, at least ten (10) days in advance of the date of the proposed temporary extension, all owners and occupants who own properiy or reside within three hundred (300) feet of the properry line within which the licensed establishment is located of the proposed temporary extension of liquor service. Such nofice shall be typewritten and include the location, date and time of the proposed extension of liquor service. The notice shall specifically state: "If any person has comments about this proposed temporary extension of liquor service, they aze encouraged to telephone the Mayor and Council Information and Complaint Office.";� . .. ' . . 5(c) Transfers of stock in corporate Zicensees; change in o�cers. 6 7 (1) 9 10 (2) il 12 13 14 15 16 17 (3) 18 19 20 21 (4) 22 23 24 25 26 (5) 27 28 29 30 The transfer of stock in any corQorate license shall be deemed a transfer within the meaning of this section, and no such transfer of stock shall be made without the consent of the city council. It is hereby made the duty of the officers of any cotporation holding a license issued under the authority of this chapter to notify the city council of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer of stock shall be effecrive without the consent of the council given in the manner above set forth. The transfer of any stock without the laiowledge and consent of the city council shall be deemed sufficient cause for revocation by the council of any license granted to such corporarion under the authority ofthis chapter. Such corporate officers shall also notify the city council whenever any change is made in the officers of any such corporation, and the failure to so notify the council shall likewise be sufficient cause for revocation of any liquor license granted to such corporation. Notwithstanding the provisions of this section, publicly owned corporations whose stock is traded on the open market may comply with the requirements pertaining to stock ownership and stock transfer by fumishing the council with the names and addresses of all stockholders of record upon each renewal of the license. An application for the transfer of such a license shall be made by the transferee upon forxns furnished by the division of license and permit administration of the department of finance and management services. Prior to the city council's consideration of said application, the application shall be read by the city clerk at the next regular meeting of the city council. 31 (d) Hearings upon transfers or changes in service area. The council shall schedule a date for public hearing upon 32 said application for transfer or change in licensed azea. At least forty-five (45) days befare a public hearing on a 33 transfer or change in licensed area, the department shall notify by mail all owners and occupants who own property 34 or reside within three hundred fifty (350) feet of the establishment to which the license is to be transferred ar area 35 changed, and ali community organizations that have previously registered with said department to be notified of any 36 such application, of the time, place and the purpose of such hearing, said three hundred fifty (350) feet being 37 calculated and computed as the distance measured in a straight line from the property line of the building where 38 intoxicating liquor is sold, consumed or kept for sale to the property line owned, leased or under the control of the 39 resident. Prior to the hearing date, said department shall submit to the council a list of the names and addresses of 40 each person or organization to whom norice was sent, and certificarion of such list by the deparhnent shall be 41 conclusive evidence of such notice. A transfer or change in licensed azea under this section only becomes effective 42 upon compliance with this section and consent of the council by resolution. The failure to give mailed notice to 43 owners or occupants residing within three hundred fifty (350) feet, or to community organizations, or defects in the 44 notice, shall not invalidate the transfer provided a bona fide attempt to comply with this section has been made. A 45 bona fide attempt is evidenced by a notice addressed to 'bwner" and to "occupanY' of the listed address. Only one (1) 46 notice need be mailed to each house or each rental unit within a multipie-family dweiling regardless of the number 47 of occupants. 48 49 (e) Notice requirement not applicable in downtown business district. The notification requirements of this section 50 shall not be applicable where the license is to be transferred to a place located within the downtown business district. 1' For p'urposes of this section, downtown business district shall include all that portion of the City of Saint Pau��y"1P�'� 2 within and bounded by the following streets: Begimiing at the intersection of Shepard Road with Chestnut Street, 3 Chestnut Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Street, Tenth Street to Interstate Freeway 4 94, Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, 5 Warner Road to the Wabasha Bridge, the Wabasha Bridge across the Mississippi River to the water line on the south 6 bank of the river, thence in a westerly direcfion along the shore line to the point at which it intersects with "Line A," 7 and then in a strai�t line across the Mississippi River to the intersection of Chestnut Street with Shepazd Road. The 8 location and legal description of "Line A" is indicated on the map attached hereto, and incorporated and adopted 9 herein by reference. 10 ll(� No transfers person to person. Notwithstanding any other provision in the 5aint Paul Legislative Code, no on- 12 sale license shall be transferable from person to person. 13 14 (g) PZace to p1¢ce transfers Zimited. Notwithstanding any other provision in the Saint Paul Legislative Code, an on- 15 sale license may be transferable from place to place within one (1) liquor patrol limit as defined in section 17.07 of 16 the City Charter, and from such liquor patrol 1'unit to any locarion in a commerciai development dishict, also as 17 defined in said section of the Charter, so long as the transfer and new location meet ali the requirements of law, 18 ordinance, Code or Charter. An on-sale license may be transferable from place to place into a liquor patrol limit 19 subject to all the restrictions and requirements of section 17.07.2 of the City Charter. 20 21 (h) License is a privilege. A license issued under this chapter as a privilege accarded to the licensee to engage in all 22 the lawful activities permitted thereunder and is neither property nor a property right. Such license may not be 231eased, assigned, pledged, mortgaged or liened. An agreement providing for management of the licensed business ar 24premises (or any part thereo fl shall be reduced to writing, executed by the parties thereto and filed within ten (10) 25 days after its execution in the office of the inspector. Failure to reduce a management agreement to wriring, and 26 failure to file the same with the inspector as required above, shall each constihxte sepazate grounds for adverse 27 action. The licensee notwithstanding a management agreement remains fully responsible for the licensed business 28 and/or premises, as well as the conduct of all employees, managers and agents in accordance with sections 310.17 29 and 409.14 of the Code. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 T 2 3 4 (i) A'ddition of family members to the license. Notwithstanding any other provision of law to the contrary, the addition of one (1) or more family members as defined in section 409.05(k) of the Legislative Code as partners, officers or shareholders in a paztnership or corporation holding a license under this chapter shall not be deemed to be a transfer of the license or to require the submission of an original application for a license so long as all the additional family members comply with the provisions of section 409.05(k). qq �S 7V � Section 3 10 This ordinance shall take effect and be in full force (30) days foliowing its passage, approval and publication. �� Requested by Department of: L,i 247adopted 25 26zaaoptio 27 28sY: � 29 30Approved 31 32sy: by Councilc Date �� n Certified by Council Secretary by M�� Date ��/�� OPfice of License, Inspections and Environmental Prote tion By: Form Approved by City Attorney BY �(hQ,v�+-�r�-/�G �o�..r� Approved py Mayor for�Submission to PfIRIdCNFr§ JUL 31 �g99 � OFFICE OF vzrp Date: GREEIV SHEET Robert Kessler April s, 1999 266-9112 No . 50411 `�" HPARIMEN'f DIRHCfOR ITY COUNCIL �UN� 9 A��/�� .� _� A�� _� � �� ust be on Council Agenda by: �^�° � DI�cmR IN. 8 MGl. SVC. DIR. SAP YOR (OR ASSISTF�NT) OTAL # OF SIGNATIIRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: mending Sections 409.05 and 409.11 of Che Saint Paul Legislative Code ertaining to the licensing of liquor; citing Chapter 310 for the license fees and waiving fees for government agencies. COM1Pff.NDATIONS: APPROVE (A) OA ASJECT (R) SRSONAL SSRVICS CONTRTClS MOST ANSNSR TH8 POLLOCPIHG: PLANI7ING COMMISSION CIVIL SERVICB COI�II4ISSION 1. Has the person/fism ever worked under a contract for this department? CIH COMMITTS6 SUSINESS AEVIEW COUNCIL ]BS NO STAFP _ Iiys this person/£irm ever been a City employee? DSSTRICP COURT YES NO 3. Does this pexaon(fixm possesa a skill not nosmally possessed by any SUPPORTS WHICH CpUNCIL OBJECTIV&? �iient City emplOyee? YES NO laia all Y85 aaeaers oa a separaYe aheat and atiach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Costs for various liquor license fees are located in both Chapter 409 and 310 of the Saint Paul Legislative Code; the fees in both chapters are inconsistent, causing a discrepancy in the amount charged for liquor licenses. VANTAGES IF APPROVED: Fees for liquor licenses will be accurate and consistent. �''R- `;"��-''� `L�_�._� � ��..; DISADVANTAGES IF APPROVED: �!;� ?J �� one apparent. � � tt, ; � �: :.,=� y ,.. : .. � �� y;9 � � �€:- . ISADVANTAGES SF NOT APPROVED: " ° -- Chapters 310 and 409 will remain inconsistent; the cost of liquor licenses will remain confusing and inconsistent. TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY N[JMBER FINANCIAL INFORMATION: (EXPLAIN) �QUt£C�°3 �?eS��"C'� ��?t2r ' _ ,..+