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01-375Council File # Ca \ - '�RS ORlGI�IAL Ordinance # Green Sheet # �O(p!�� a' ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To ��v``' � Committee Date : An ordinance amending Chapter 246 of the Saint Paul Legislative Code to permit temporary liquor and 3.2 beer licenses to be issued in city parks and to delete obsolete references to the deparCment of community services THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 246.01 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 246.01. Drinking on streets and in parks. No person shall upon the public streets, lanes or alleys of the city, or in any park, playground or recreation center owned by or under the jurisdiction or control of the City of Saint Paul or in any parking lot or area within or adjacent to such park, playground or recreation center, or being a trespasser upon the private premises of another, drink or have in his/her possession in an opened container any intoxicating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever. No person shall in any park, playground or recreation center owned by or under the jurisdiction or control of the City of Saint Paul or in any parking lot or parking area within or adjacent to such park, playground or recreation center, or being a trespasser upon the private premises of another, have in his possession any intoxicating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever. No person shall have in his possession any intoxicating liquor, intoxicating malt_ liquor, nonintoxicating malt liquor or alcoholic beverage f any kind whatever upon any public street, lane or alley located within the boundaries of such a park, playground or recreation center; provided, however, that it shall be an affirmative defense that possession was for the purpose of transportation of such liquor or beverage through the park, playground or recreation center or to a designated shelter, facility or area as provided herein, and where such liquor or beverage is in an unopened container. Notwithstanding the foregoing, any person may, from 8:00 a.m. to 8:00 p.m. , p�gLfStlEb within picnic shelters, facilities or areas within any park, MAY 21 �01 playground or recreation center, which are designated for that 0 � -3 � 5 purpose by the director of the department of community services or his delegate, drink or have in possession nonintoxicating malt liquor. Notwithstanding any other provision of this chapter, the director of the Division of Parks and Recreation or his delegate may issue permits for the consumption of intoxicating liquor in Town Square Park and Phalen Park Clubhouse during hours in which the sale of liquor by the drink is permitted by state law. All permits shall be subject to regulations which have been proposed by the director of the department of community services and approved by the city council. Copies of the regulations shall be on file in the offices of the city clerk, director of the department of community services, and the superintendent of parks and recreation. Such regulations may be amended by the council by resolution. Section 2 Section 246.03 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 246.03. Not applicable on licensed premises. �� This chapter shall not apply to or prohibit the sale, possession or consumption of such liquors or beverages on the premises of any establishment properly licensed under Chapter 409 or Chapter 410 of the Saint Paul Legislative Code, �b� Notwithstanding the prohibitions of section 246.01, the sale and service of alcoholic beverages within a sidewalk cafe by a food establishment located in a commercial development district created pursuant to section 17.07.1 of the City Charter or located in the downtown business district, which is licensed as a restaurant under Chapter 331 of the Legislative Code and which is in compliance with the provisions of section 106.01 of the Legislative Code, is permitted. � The prohibitions of section 246.01 shall not apply to or prohibit the possession or consumption of nonintoxicating malt liquor or wine purchased and consumed during a block party, festival or community event which has been duly licensed under Chapter 336 of the Legislative Code, when such possession or consumption occurs on a street which has been blocked off for the block party, festival or community event in the downtown business district and the nonintoxicating malt liquor or wine is purchased from a duly licensed vendor. restrictions contained in Minn. Stat. Chapter 340A and Saint Paul iurisdiction bv either a berson who is the holder of a State caterinq permit and who has complied with the nrovisions of Saint Paul Leaislative Code §409.01 or by the holder of a temporarv wine and liauor license issued pursuant to §409.25 or temporary 3.2 beer license issued pursuant to §410.10, exceAt that in no event can the prohibitions contained in section 246.05 be waived. Leaislative Code Chapters 409 and 410. Section 3 Section 246.04 of the Saint Paul Legislative Code is hereby amended to read as follows: 9 Sec. 246.04. Designation of permitted shelters, facilities and 10 areas . O1-3�15 The director of the Division of Parks and Recreation shall promulgate, by filing with the city clerk, a list or description of the picnic shelters, park facilities or park areas within which the possession and consumption of nonintoxicating malt liquor is permitted by this chapter between the hours of 8:00 a.m. and 8:00 p.m., together with such maps or illustrations as may assist the public to comply with this chapter. The director shall also direct that appropriate signs be erected at locations in which the consumption and possession of nonintoxicating malt liquor is permitted. It shall not be a defense to a charge of violation of this chapter that such informational signs, maps or illustrations are defaced or removed from the shelters or facilities designated, so long as the list required by this section has been filed with the city clerk. Section 4 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. � � ; i ;', :� t by Hye Appr By: Fozm Approved by City Attor�y _/%f i Hy: . � T Y� , sc�_ Approved by Mayor for Submission to Council Adopted by Council: Date _��, � � � ` V Adoption Certified by Council Sec e ary .� / u`�� DEPARTMENT/OFFIGElCOUNQL DATE INITIATED / GREEN SHEET '�` S NO. 106778 Parks and Recreation March 28, O 1�� S 2001 CONTACT PERSON AND PHONE INITIAL/DATE INITIAL/DATE Howard Bell 266-6415 � � DEPARiMENT DIRECTOR 4CITY COUNCIL ASSIGN NUMBER FOR �LQTV ATTORNEV �JCITY CLERK MUST BE ON COUNqL AGENDA BY IDATEI ROUTING ORDER _FINANCIAL SEPVICES DIR.� 3MAYOR(OftA5515TANT7 / _ — �� TOTAL # OF SIGNATURE PAGES (CLIP All LOCATIONS FOR SIGNAtURE) ACTION REQIJESTED: Adoption of the attached Ordinance by the City Council . RECOMMENDATIONS: Approve (A� or Reject �P) PERSONAL SERVICE CONTBACTS MUST ANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVII SERVICE COMMISSION �, Has this person/firm ever worked under a conhac[ for this depar[ment? CIB COMMITTEE _ YES NO A STAFF 2. Has [his person/firm ever been a city employee� VES NO DISTRICT COUNqL — — 3. Does this person/firm possess a skill no[ normally possessed by any current city employee� SUPPORTS WHICH COUNCIL OBJECTIVE? VES NO Explain all yes answers on separare sheet antl anacM1 fo green sM1eet. INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, What, When, Where, Why): The attached Ordinance amends Chapter 246 of the Saint Paul Legislative Code to permit temporary liquor and 3.2 beer licenses to be issued in City Parks for limited duration events approved by the Director of Parks and Recreation. ADVANTAGES IF APPROVED: The holders of a State Catering Permit or the holder of a temporary license issued by LIEP to sell or serve Iiquor for events in City Parks DISADVANTAGES IF APPROVED None DISADVANTAGES IF NOT APPROVED: 7� �QQS1°,9 7�l��s�` ��a Loss of events due to no liquor service €��a�� TOTALAMOUNTOFTRANSACTION � COST/REVENUEBUDGETED(CIRCLEONE� YES NO FUNDING SOURCE ACTIVITY NUMBER FlNANCIAL INFORMATIOM �EXPLAIN) Council File # Ca \ - '�RS ORlGI�IAL Ordinance # Green Sheet # �O(p!�� a' ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To ��v``' � Committee Date : An ordinance amending Chapter 246 of the Saint Paul Legislative Code to permit temporary liquor and 3.2 beer licenses to be issued in city parks and to delete obsolete references to the deparCment of community services THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 246.01 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 246.01. Drinking on streets and in parks. No person shall upon the public streets, lanes or alleys of the city, or in any park, playground or recreation center owned by or under the jurisdiction or control of the City of Saint Paul or in any parking lot or area within or adjacent to such park, playground or recreation center, or being a trespasser upon the private premises of another, drink or have in his/her possession in an opened container any intoxicating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever. No person shall in any park, playground or recreation center owned by or under the jurisdiction or control of the City of Saint Paul or in any parking lot or parking area within or adjacent to such park, playground or recreation center, or being a trespasser upon the private premises of another, have in his possession any intoxicating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever. No person shall have in his possession any intoxicating liquor, intoxicating malt_ liquor, nonintoxicating malt liquor or alcoholic beverage f any kind whatever upon any public street, lane or alley located within the boundaries of such a park, playground or recreation center; provided, however, that it shall be an affirmative defense that possession was for the purpose of transportation of such liquor or beverage through the park, playground or recreation center or to a designated shelter, facility or area as provided herein, and where such liquor or beverage is in an unopened container. Notwithstanding the foregoing, any person may, from 8:00 a.m. to 8:00 p.m. , p�gLfStlEb within picnic shelters, facilities or areas within any park, MAY 21 �01 playground or recreation center, which are designated for that 0 � -3 � 5 purpose by the director of the department of community services or his delegate, drink or have in possession nonintoxicating malt liquor. Notwithstanding any other provision of this chapter, the director of the Division of Parks and Recreation or his delegate may issue permits for the consumption of intoxicating liquor in Town Square Park and Phalen Park Clubhouse during hours in which the sale of liquor by the drink is permitted by state law. All permits shall be subject to regulations which have been proposed by the director of the department of community services and approved by the city council. Copies of the regulations shall be on file in the offices of the city clerk, director of the department of community services, and the superintendent of parks and recreation. Such regulations may be amended by the council by resolution. Section 2 Section 246.03 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 246.03. Not applicable on licensed premises. �� This chapter shall not apply to or prohibit the sale, possession or consumption of such liquors or beverages on the premises of any establishment properly licensed under Chapter 409 or Chapter 410 of the Saint Paul Legislative Code, �b� Notwithstanding the prohibitions of section 246.01, the sale and service of alcoholic beverages within a sidewalk cafe by a food establishment located in a commercial development district created pursuant to section 17.07.1 of the City Charter or located in the downtown business district, which is licensed as a restaurant under Chapter 331 of the Legislative Code and which is in compliance with the provisions of section 106.01 of the Legislative Code, is permitted. � The prohibitions of section 246.01 shall not apply to or prohibit the possession or consumption of nonintoxicating malt liquor or wine purchased and consumed during a block party, festival or community event which has been duly licensed under Chapter 336 of the Legislative Code, when such possession or consumption occurs on a street which has been blocked off for the block party, festival or community event in the downtown business district and the nonintoxicating malt liquor or wine is purchased from a duly licensed vendor. restrictions contained in Minn. Stat. Chapter 340A and Saint Paul iurisdiction bv either a berson who is the holder of a State caterinq permit and who has complied with the nrovisions of Saint Paul Leaislative Code §409.01 or by the holder of a temporarv wine and liauor license issued pursuant to §409.25 or temporary 3.2 beer license issued pursuant to §410.10, exceAt that in no event can the prohibitions contained in section 246.05 be waived. Leaislative Code Chapters 409 and 410. Section 3 Section 246.04 of the Saint Paul Legislative Code is hereby amended to read as follows: 9 Sec. 246.04. Designation of permitted shelters, facilities and 10 areas . O1-3�15 The director of the Division of Parks and Recreation shall promulgate, by filing with the city clerk, a list or description of the picnic shelters, park facilities or park areas within which the possession and consumption of nonintoxicating malt liquor is permitted by this chapter between the hours of 8:00 a.m. and 8:00 p.m., together with such maps or illustrations as may assist the public to comply with this chapter. The director shall also direct that appropriate signs be erected at locations in which the consumption and possession of nonintoxicating malt liquor is permitted. It shall not be a defense to a charge of violation of this chapter that such informational signs, maps or illustrations are defaced or removed from the shelters or facilities designated, so long as the list required by this section has been filed with the city clerk. Section 4 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. � � ; i ;', :� t by Hye Appr By: Fozm Approved by City Attor�y _/%f i Hy: . � T Y� , sc�_ Approved by Mayor for Submission to Council Adopted by Council: Date _��, � � � ` V Adoption Certified by Council Sec e ary .� / u`�� DEPARTMENT/OFFIGElCOUNQL DATE INITIATED / GREEN SHEET '�` S NO. 106778 Parks and Recreation March 28, O 1�� S 2001 CONTACT PERSON AND PHONE INITIAL/DATE INITIAL/DATE Howard Bell 266-6415 � � DEPARiMENT DIRECTOR 4CITY COUNCIL ASSIGN NUMBER FOR �LQTV ATTORNEV �JCITY CLERK MUST BE ON COUNqL AGENDA BY IDATEI ROUTING ORDER _FINANCIAL SEPVICES DIR.� 3MAYOR(OftA5515TANT7 / _ — �� TOTAL # OF SIGNATURE PAGES (CLIP All LOCATIONS FOR SIGNAtURE) ACTION REQIJESTED: Adoption of the attached Ordinance by the City Council . RECOMMENDATIONS: Approve (A� or Reject �P) PERSONAL SERVICE CONTBACTS MUST ANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVII SERVICE COMMISSION �, Has this person/firm ever worked under a conhac[ for this depar[ment? CIB COMMITTEE _ YES NO A STAFF 2. Has [his person/firm ever been a city employee� VES NO DISTRICT COUNqL — — 3. Does this person/firm possess a skill no[ normally possessed by any current city employee� SUPPORTS WHICH COUNCIL OBJECTIVE? VES NO Explain all yes answers on separare sheet antl anacM1 fo green sM1eet. INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, What, When, Where, Why): The attached Ordinance amends Chapter 246 of the Saint Paul Legislative Code to permit temporary liquor and 3.2 beer licenses to be issued in City Parks for limited duration events approved by the Director of Parks and Recreation. ADVANTAGES IF APPROVED: The holders of a State Catering Permit or the holder of a temporary license issued by LIEP to sell or serve Iiquor for events in City Parks DISADVANTAGES IF APPROVED None DISADVANTAGES IF NOT APPROVED: 7� �QQS1°,9 7�l��s�` ��a Loss of events due to no liquor service €��a�� TOTALAMOUNTOFTRANSACTION � COST/REVENUEBUDGETED(CIRCLEONE� YES NO FUNDING SOURCE ACTIVITY NUMBER FlNANCIAL INFORMATIOM �EXPLAIN) Council File # Ca \ - '�RS ORlGI�IAL Ordinance # Green Sheet # �O(p!�� a' ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To ��v``' � Committee Date : An ordinance amending Chapter 246 of the Saint Paul Legislative Code to permit temporary liquor and 3.2 beer licenses to be issued in city parks and to delete obsolete references to the deparCment of community services THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 246.01 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 246.01. Drinking on streets and in parks. No person shall upon the public streets, lanes or alleys of the city, or in any park, playground or recreation center owned by or under the jurisdiction or control of the City of Saint Paul or in any parking lot or area within or adjacent to such park, playground or recreation center, or being a trespasser upon the private premises of another, drink or have in his/her possession in an opened container any intoxicating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever. No person shall in any park, playground or recreation center owned by or under the jurisdiction or control of the City of Saint Paul or in any parking lot or parking area within or adjacent to such park, playground or recreation center, or being a trespasser upon the private premises of another, have in his possession any intoxicating liquor, intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever. No person shall have in his possession any intoxicating liquor, intoxicating malt_ liquor, nonintoxicating malt liquor or alcoholic beverage f any kind whatever upon any public street, lane or alley located within the boundaries of such a park, playground or recreation center; provided, however, that it shall be an affirmative defense that possession was for the purpose of transportation of such liquor or beverage through the park, playground or recreation center or to a designated shelter, facility or area as provided herein, and where such liquor or beverage is in an unopened container. Notwithstanding the foregoing, any person may, from 8:00 a.m. to 8:00 p.m. , p�gLfStlEb within picnic shelters, facilities or areas within any park, MAY 21 �01 playground or recreation center, which are designated for that 0 � -3 � 5 purpose by the director of the department of community services or his delegate, drink or have in possession nonintoxicating malt liquor. Notwithstanding any other provision of this chapter, the director of the Division of Parks and Recreation or his delegate may issue permits for the consumption of intoxicating liquor in Town Square Park and Phalen Park Clubhouse during hours in which the sale of liquor by the drink is permitted by state law. All permits shall be subject to regulations which have been proposed by the director of the department of community services and approved by the city council. Copies of the regulations shall be on file in the offices of the city clerk, director of the department of community services, and the superintendent of parks and recreation. Such regulations may be amended by the council by resolution. Section 2 Section 246.03 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 246.03. Not applicable on licensed premises. �� This chapter shall not apply to or prohibit the sale, possession or consumption of such liquors or beverages on the premises of any establishment properly licensed under Chapter 409 or Chapter 410 of the Saint Paul Legislative Code, �b� Notwithstanding the prohibitions of section 246.01, the sale and service of alcoholic beverages within a sidewalk cafe by a food establishment located in a commercial development district created pursuant to section 17.07.1 of the City Charter or located in the downtown business district, which is licensed as a restaurant under Chapter 331 of the Legislative Code and which is in compliance with the provisions of section 106.01 of the Legislative Code, is permitted. � The prohibitions of section 246.01 shall not apply to or prohibit the possession or consumption of nonintoxicating malt liquor or wine purchased and consumed during a block party, festival or community event which has been duly licensed under Chapter 336 of the Legislative Code, when such possession or consumption occurs on a street which has been blocked off for the block party, festival or community event in the downtown business district and the nonintoxicating malt liquor or wine is purchased from a duly licensed vendor. restrictions contained in Minn. Stat. Chapter 340A and Saint Paul iurisdiction bv either a berson who is the holder of a State caterinq permit and who has complied with the nrovisions of Saint Paul Leaislative Code §409.01 or by the holder of a temporarv wine and liauor license issued pursuant to §409.25 or temporary 3.2 beer license issued pursuant to §410.10, exceAt that in no event can the prohibitions contained in section 246.05 be waived. Leaislative Code Chapters 409 and 410. Section 3 Section 246.04 of the Saint Paul Legislative Code is hereby amended to read as follows: 9 Sec. 246.04. Designation of permitted shelters, facilities and 10 areas . O1-3�15 The director of the Division of Parks and Recreation shall promulgate, by filing with the city clerk, a list or description of the picnic shelters, park facilities or park areas within which the possession and consumption of nonintoxicating malt liquor is permitted by this chapter between the hours of 8:00 a.m. and 8:00 p.m., together with such maps or illustrations as may assist the public to comply with this chapter. The director shall also direct that appropriate signs be erected at locations in which the consumption and possession of nonintoxicating malt liquor is permitted. It shall not be a defense to a charge of violation of this chapter that such informational signs, maps or illustrations are defaced or removed from the shelters or facilities designated, so long as the list required by this section has been filed with the city clerk. Section 4 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. � � ; i ;', :� t by Hye Appr By: Fozm Approved by City Attor�y _/%f i Hy: . � T Y� , sc�_ Approved by Mayor for Submission to Council Adopted by Council: Date _��, � � � ` V Adoption Certified by Council Sec e ary .� / u`�� DEPARTMENT/OFFIGElCOUNQL DATE INITIATED / GREEN SHEET '�` S NO. 106778 Parks and Recreation March 28, O 1�� S 2001 CONTACT PERSON AND PHONE INITIAL/DATE INITIAL/DATE Howard Bell 266-6415 � � DEPARiMENT DIRECTOR 4CITY COUNCIL ASSIGN NUMBER FOR �LQTV ATTORNEV �JCITY CLERK MUST BE ON COUNqL AGENDA BY IDATEI ROUTING ORDER _FINANCIAL SEPVICES DIR.� 3MAYOR(OftA5515TANT7 / _ — �� TOTAL # OF SIGNATURE PAGES (CLIP All LOCATIONS FOR SIGNAtURE) ACTION REQIJESTED: Adoption of the attached Ordinance by the City Council . RECOMMENDATIONS: Approve (A� or Reject �P) PERSONAL SERVICE CONTBACTS MUST ANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVII SERVICE COMMISSION �, Has this person/firm ever worked under a conhac[ for this depar[ment? CIB COMMITTEE _ YES NO A STAFF 2. Has [his person/firm ever been a city employee� VES NO DISTRICT COUNqL — — 3. Does this person/firm possess a skill no[ normally possessed by any current city employee� SUPPORTS WHICH COUNCIL OBJECTIVE? VES NO Explain all yes answers on separare sheet antl anacM1 fo green sM1eet. INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, What, When, Where, Why): The attached Ordinance amends Chapter 246 of the Saint Paul Legislative Code to permit temporary liquor and 3.2 beer licenses to be issued in City Parks for limited duration events approved by the Director of Parks and Recreation. ADVANTAGES IF APPROVED: The holders of a State Catering Permit or the holder of a temporary license issued by LIEP to sell or serve Iiquor for events in City Parks DISADVANTAGES IF APPROVED None DISADVANTAGES IF NOT APPROVED: 7� �QQS1°,9 7�l��s�` ��a Loss of events due to no liquor service €��a�� TOTALAMOUNTOFTRANSACTION � COST/REVENUEBUDGETED(CIRCLEONE� YES NO FUNDING SOURCE ACTIVITY NUMBER FlNANCIAL INFORMATIOM �EXPLAIN)