03-128Council File # �'3 ^ ��Y
Ordinance #
Presented By
Referred To
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # ���3 �
�3
Committee Date :
1 An ordinance amending Chapter 409 of the Saint Paul Legislative Code
2 to remove specific fees from each ordinance section and replace them
3 with designations to the fee schedule contained in Section 31018.and
4 restricting the waiver of liquor license fees to the City of Saint Paul.
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7 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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9 Section 1 Y
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11 Section 409.05 of the Saint Paul I.egislative Code is hereby amended to read as follows:
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Sec. 409.05. On- and off-sale licenses; term; fees.
(a) Term. All licenses far the sale of into�cating liquor shall be for a term of one (1) yeaz from the
date of issuance or renewal, except as provided herein. The date shall be deternuned by the
inspector and entered upon the license. In 1990 and 1991, the inspector is hereby authorized and
empowered to stagger such license renewal dates administratively, employing a system for
random extension of individual licenses on a one-time only basis so that the work load of the
license and pernut administration on such licenses is spread more or less equally over a twelve-
month period.
(b) License fees, on-sale; semiannual installments. The fees required for licenses shall be established
by ordinance as specified in section 310.09(b) of the Legislative Code. Said sum shall be paid in
two (2) equal amounts, the first to be paid before the license is issued or renewed, the second
payment to be made within six (6) months from the date of issuance or renewal.
(c) On-sale license, replacement after revocation. If, for any reason, the on-sale license in this
chapter provided for is revoked by the council of the Ciry of Saint Paul, no replacement license
shall be issued until the full license fee for the new license due for the remainder of the license
yeaz is first paid; provided, however, that in no event shall a licensee pay less than the applicable
annual license fee together with the applicable issuance tas for a license, or combination of
licenses, during a license year.
(d) Increase in on-sale license fee; notice to licensees. The license inspector is hereby directed to
notify in writing via U.S. mail all on-sale licensees of the public hearing date for council
consideration of any amendments to this section increasing the license fees. At said public
heazing, the department of finance and management services shall present evidence to the council
showing the relationship between the proposed fee increase and the costs borne by the city for
liquor-related regulating and policing.
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(e) Late fees. Notwithstanding the provisions of section 310.09, an applicant for renewal of an on-
sale liquor license shall be charged a late fee in an amount of ten (10) percent of the installment
due for such license for each thirty-day period or portion thereof which had elapsed afrer the
expiration date of such license or semiannual period, and the late fee shall not exceed fifty (50)
percent of the annual life.
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(h) Application with family members. Notwithstanding subsecuon (a) of this secUon, where an
existing on-sale into�cicating liquor license holder makes application for a new on-sale license for
the same location together with one (1) or more fanuly members as additional license holders,
the term of the new license shall coincide with the end of the eacisting license and end on the
� same date. No additional license fee for the new license shall be paid for the remainder of the
term of the exisdng license, so long as the license fees for the existing license aze fully paid. The
normal license fee must be paid in any case for the remainder of the term of the existing license.
Each additional family member becoming a license holder shall fill out an application form for
purposes ofthe background
investigation by the license division, and provide such other information as may reasonably be
required by the license division, and shall pay a fee . with the application
in an amount as set forth in section 31018 of the Saint Paul Leeislative Code. The term "fanuly
members," for the purpose of this subsection shall include parents, children, grandchildren,
brothers and sisters, together with the spouses of such parents, children, grandchildren, brothers
and sisters.
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(i) Fee waived for govemment agencies. The fee for any license under Chapter 409 shall be waived
for anv license issued to and used bv a division or deuartment of the City
of 5aint Paul
Section 2
Section 40915 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 409.15. On-sale winelicenses.
(a) Definitions. The following definitions shall apply to this section:
Annual license fees for clubs and private clubs. The annual license fee for a club and a private
club shall be in confozmity with Minnesota Statutes, Section 340.408, subdivision 2(b).
License fee, gambling locations. The license fee for lawful gambling locations shall be as
provided in section 310.09(b) of the Legislative Code.
(1) Restaurant shall mean an establishment under the control of a single proprietor or
manager, having appropriate facilities for serving meals and for seating not fewer than
twenty-five (25) guests at one (1) time and where, in consideration of payment therefor,
meals aze regulazly served at tables to the general public, and which employs an adequate
staff to provide the usual and suitable service to its guests.
(2) On-sale wine license shall mean a license authorizing the sale of wine not exceeding
fourteen (14) percent alcohol by volume, for consumprion on the licensed premises only
in conjunction with the sale of food.
(b) Issuance of license; fee; conditions. On-sale wine licenses may be issued, subject to the approval
of the liquor control commissioner, to the proprietor of any restaurant as defined in this section
and without regard to section 409.03 limitations. The license fee shall be eight hundred seventy-
five dollars ($875.00) payable in two (2) equal amounts, the first to be paid before the license is
issued or renewed, the second payment to be made within six (6) months from the date of
issuance or renewal. The licenses shall be valid on all days of the week consistent with the hours
of sale provided in section 409.07(a). All other provisions of this chapter shall be applicable to
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such licenses and licensees unless inconsistent herewith.
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(c) Public hearing; notices. No new on-sale wine license shall be issued until the council shall have
first held a public hearing on the application. The notification requirements applicable to change
in licensed azeas in section 409.11 shall be applicable to the issuance of new on-sale wine
licenses.
(d) On-sale malt beverages. A holder of an on-sale wine license issued pursuant to this section who
is also licensed to sell on-sale noninto�cicating malt liquor and whose gross receipts aze at least
sixry (60) percent ath to the sale of food may be permitted by the city council to also sell
into�cicating malt liquors at on-sale in conjunction with the sale of food without having to pay
any additional license fee. Such authorizarion, if approved by the council, shall be noted upon the
licenses issued by the inspector. This provision is enacted pursuant to authority granted by
Minnesota Statutes, Section 340A.404(5).
5ection 3
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Section 409.25 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 409.25. Temporary wine and liquor ►icenses.
(a) Wine licenses. Notwithstanding any other provision of this chapter, a club or charitable, religious
or other nonprofit organization in existence for at least three (3) years, or a political committee
registered under Minnesota Statutes, Section 10A.14, may obtain an on-sale license to sell wine
and strong beer not exceeding fourteen (14) percent alcohol by volume for consumption on the
licensed premises only. The fee for such license shall be established by ordinance as provided in
section 310.09(b) of the I.egislative Code, and such license may authorize the on-sale of wine for
not more than four (4) consecutive days. The city shall not authorize more than three (3) four-
day, four (4) three-day, six (6) two-day or twelve (12) oneday temporary licenses, in any
combination not to exceed twelve (12) days per year for the sale of wine to any one (1) location
within the city for a twelve-month period. The city may not issue more than one (1) such license
to any one (1) organiza6on or political committee, or any one (1) location, within a thirty-day
period unless the licenses are issued in connection with an event officially designated a
community festival by the municipality.
(b) Liquor licenses. Notwithstanding any other provision of this chapter, a club or charitable,
religious or other nonprofit organization in existence for at least three (3) years may obtain an
on-sale license to sell intoxicating liquor for consumption on the licensed premises only and in
connection with a social event within the city sponsored by the licensee. The license may provide
that the licensee may contract for into�cating liquor catering services with the holder of a fuil
yeaz on-sale intoxicating liquor license issued by the city. The fee for such license shall be �artq=
. as set forth in section 310.09(b) and 310.18 of the Saint
Paul Le¢islative Code. The license sha11 not authorize the on-sale of intoxicating liquor for more
than four (4) consecutive days. The city shall not authorize more than three (3) four-day, four (4)
three-day, six (6) two-day, or twelve (12) one-day temporary licenses, in any combination not to
exceed twelve (12) days per year for the sale of intoxicating liquor to any one (1) locarion within
the ciry for a twelve-month period. The city may not issue more than one (1) such license to any
one (1) organization or political committee, or any one (1) location, within a thirty-day period
unless the licenses aze issued in connection with an event officially designated a community
fesrival by the municipality.
(c) Application. Application for such temporary licenses sha11 be made on forms provided by the
inspector and shall contain such information as specified by the inspector, including the
following: pt p� �
(1) The name, address and purpose of the organization, together with the names and (� 1,,
addresses of its officers, and evidence of nonprofit status or of its status as a club under
section 409.02 above.
Da -la-Y
(2) The purpose for which the temporary license is sought, together with the place, dates and
hours during which wine or intoxicating liquor will be sold.
(3) Consent of the owner or manager of the premises or person or group with lawful
responsibility for the premises.
(4) Evidence that the manager or director has received alcohol awazeness training provided
by a bona fide instructor or the city.
(d) Application of other provisions of this chapter. No other provisions of this ct�apter shall apply to
licenses granted under this section, except secuons 409.06, 409.065, 409.07, 409.08 (except
clauses (11) and (12)), and sections 409.09 through 409.14.
(e) Class T license. Notwithstanding any other provision of law to the contrary, the temporary wine
and liquor licenses provided in this section shall be administered as a Class T license and subject
to the provisions of these chapters governing Class T licenses. The inspector shall make all
referrals as provided by section 310.03, but the d'uector may require the inspector to issue such
license before receiving any recommendations on the application thereof if necessary to issue
such license on a timely basis.
Section 4
This ordinance shall take effect and be in force thirty (30) days following its passage, approval
and publication.
Requested by Department of:
Adoption Certified by Council Secretary
BY:
BY�
... ., � v. r �
' � ,RS
Adopted by Council: nate �A//i'��� c7lJ03
8�.: \ Y1 Vc,,,�,.'�
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OFFICE oF LIEP Date: GREEN SHEET
� Ro�er Cur't�is, Dir`ea�or January 14; 2003 r
266-9013 N0 .403430 d���
CONTACT PERSON & PHONE: 1 Ep�T"'ENr D=a��T°x 4 xrr mvxcxL
o er Curtis (266-9013) �" 2 Irz ATT°xxex a� `z'E`u`
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iist be on Council Agenda: � 'mcgT DlxscroR IN. fi MGT. SVC. DIA.
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s soon as ossible 3 YOR iOR ASSISTANf)
, OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
: Council approval of an ordinance amending Chapter 409 of the Saint Paul
, egislative Code to remove the specific fee from the ordinance section and
'-,replace it with a designation to the fee schedule contained in Section 310.18.
This ordinance also restricts the waiver of liquor license fees to the City of
, Saint Paul.
ECOM1II-0ENDATIONS: APPAOVE (A) OR AEJECT m) PHRSONAL 58RVIC8 CONTRACPS �IiST ANSW8R THS FOLLOWING: '
, PT�AI�PSING CONIMISSI0t3 , CIVIL SERVICE COMIqISSION 1. � Has the person/fixm ever worked under a wntract for this depar[ment?
CIB COMMITTEE BUSINESS REVIEW WUNCIL . YES NO '
— STAFF �_ 2. Has this peraon/firm ever been a City emplopee?
DISTRICT CbURT _ ' YES NO . �
, 3. Does this person/firm possess a skill no[ normally possessed by any
- SUPEORTS WAICH COUNCIL OBSECPIVE? qyrreRt C1ty employee? �' ' '
Y&S NO
, ,., xplaia all Y83 anarrexa oa a sepazate sbeet and attach,
�;:�INITIATING PROBLEM, ISSLSE, OPFORTUNITY (Who, What, When, Where, Why};
°�" his is a housekeeping measu're. Existing fees are looated both in Chapter 31�
`::-'as well as in.the"ordinance section of law. LIEP is. moving all licensing fees
':" into Chapter 310 to be'consistent as well as easier for the public to determine
-.: costs for licensing. Also, current language does nat comply with the p�actice
s;-.and intent of.only exempting liquor license fees for the City of Sairit Paul so
<housekeeping language was necessary.
��2..�f4 Cs�t �$2f
���, �7ANTAGES IF APPROVED: � ��� � � �Q�
�:,:
y 11 licensing fees will be contained in Chapter 310. Charges that existed in
': the ardinance section will be eliminated. This will reduce the number of
':inconsisCencies and will make future revisions more expedient.
, ISADVANTAGES IF APPROVED:
rr ISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO
" FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)