03-372�I�� ! 1`CN.��- R�r:\ �3 �-co3
ORIGINAL
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Comrnittee Date :
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1 An ordinance amending Chapter 409 of the Saint Paul L,egislative
2 Code to pernut alcohol to be served in sidewalk cafes in all areas
3 of the city, eliminating the restriction of such service only to the
4 downtown business district or commercial development districts
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
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Section 409.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 409.06. Licensing reguirements.
(a) Application. Any person desiring a license to sell intoxicating liquor shall make his
verified application in writing upon a form approved by the liquor control commissioner
of the State of Minnesota and shall file the same with the inspector. Such application
form shall require that the following information be set forth upon the application, and
such further information as may be required:
(1) The name and place of residence of the applicant.
23 (2) The location of the premises upon which the applicant proposes to sell such liquor
24 and an exact description, including the proposed floor plan and seating capacity,
25 of the particular place within the building structure where such sales are proposed.
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27 (3) Whether the applicant has ever been engaged in a similar business and, if so, the
28 location thereof and the date when so engaged. The application shall be signed
29 and verified by the applicant in person and, if the applicant is a corporation, by an
30 officer of the corporation.
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(4) Whether applicant has ever used or been known by a name other than his true
name; and if so, what was such name or names and information concerning dates
and places where used.
(5) Street addresses at which applicant and present spouse have lived during the p��'g}{�
preceding ten (10) yeazs.
Council File #
Ordinance #� �-�7�
Green Sheet # �� ���
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1 (6) Kind, name and location of � y� �btr��� applicant has been �3' 3 �
2 engaged in during the preceding ten (10) yeazs.
4 (7) Names and addresses of applicanYs employers and partners, if any, for the
5 preceding ten (10) years.
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7 (8) Whether applicant has ever been convicted of any felony, crime or violarion of
8 any ordinance other than tr�c. If so, the applicant shall furnish informarion as to
9 time, place and offense for which convictions were had. The inspector and council
10 shall not make use of any conviction or criminal record not availabie for lawful
11 use under Minnesota Statutes, Chapter 364.
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(9) Whether applicant has ever been engaged as an employee of or in operating a
saloon, hotel, restaurant, cafe, tavern or other business of similar nature. If so,
applicant shall fumish information as to the time, place and length of time.
(10) If the applicant is a partnership, the names and addresses of all partners and all
information conceming each partner as is required of a single applicant. A
managing partner or partners shall be designated. The interest of each partner in
the business shall be disclosed. A true copy of the partnership agreement shall be
submitted with the application; and if the partnership is required to file a
certificate as to a trade name under the provisions of Chapter 333, Minnesota
Statutes, a copy of such certificate certified by the clerk of district court shall be
attached to the application.
(11) If the applicant is a corporation or other organization and is applying for an on-
sale or off-sale license, the following:
a. Name, and if incorporated, the state of incorporation.
(12)
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b. A true copy of certificate of incorporation, articles of incorporation, or
association agreement and bylaws; and if a foreign corporation, a
certificate of authority as described in Chapter 303, Minnesota Statutes.
c. The name of the manager or proprietor or other agent in chazge of the
premises to be licensed, the assistant manager(s), the food manager(s), and
the beverage manager(s), giving all the information about said person(s) as
is required of a single applicant in subpazagraph (3) of this section.
d. The application shali contain a list of all persons who, singly or together
with any other person, own or control an interest in said corporation or
association in excess of five (5) percent or who are officers of said
coiporation or association, together with their addresses and all
information as is required of a single applicant, except that applications for
off-sale shall list all persons who own or control any interest in said
corporation.
Reserved.
A copy of the Minnesota buyer's cazd or application therefor, and a copy of the
federal retail dealer taac stamp or application therefor, received or submitted by the
applicant.
ORIGINAL
1 (14) The amount of the investment that the applicant has in the business, building,
2 premises, fixtures, furniture, stock-in-trade, and any other asset, and proof of the
3 source of such money.
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The names and addresses of all persons, other than the applicant, who have any
financial interest in the business, buildings, premises, fixtures, furniture and
stock-in-trade; the nature of such interest, amount thereof, terms for payment or
other reimbursement. This shali include, but not be limited to, any lessees,
mortgagees, mortgagors, lenders, lien holders, trustees, trustors and persons who
have cosigned notes or otherwise loaned, pledged or extended security for any
indebtedness of the applicant.
(16) Whether or not all real estate and personal property taaces for the premises to be
licensed that are due and payable have been paid, and if not paid, the years and
amounts which are unpaid.
The applicant shall file with the inspector, with his application, the amount of the license fee
herein fixed for the particular license for which he makes application.
(b) Investigation; issuance; etc. The license inspector shall register the application in books
kept for that purpose, one (1) for on-sale licenses and one (1) for off-sale licenses. He or
she shall notify immediately the director of the division of public health, the chief of
police and the chief of the departrnent of fire and safety services of the fact that such
application is filed. It is hereby made the duty of the aforesaid director, the chief of police
and the fire chief to inspect and examine or have inspected and examined the premises
described in the application and inquire into the character of the applicant and make
report to the inspector of their opinion, whether the applicant is a proper person to receive
such a license and whether the premises are suitable for such a business. Upon receipt of
the reports, the inspector shall examine them and transmit them to the city council,
together with his or her recommendations respecting the applicant or the piace of
business. Upon receipt of such reports and recommendations, the council shall consider
the same and shall, by resolution, grant or deny the application.
Where the application is for an off-sale liquor license and the applicant is the holder of an
on-sale nonintoxicating malt liquor license heretofore issued by the city council to sell such
nonintoxicating malt liquor for consumption on the premises, the council shall not grant such off-
sale liquor license until the applicant surrenders his license to sell nonintoxicating malt liquor for
consumption on the premises. If an off-sale license is granted, the resolution granting it shall
direct the inspector to issue the license whenever the bond hereinafter provided for has been
approved and the liquor control commissioner advises the inspector that he approves of the
issuance of the license to the particular applicant.
If an on-sale license is granted, such resolution shall direct the inspector to issue the same
whenever the bond hereinafter provided for has been approved.
Should the application for a license not be granted, the resolution refusing the same shall
authorize and direct the proper city officers to refund to the applicant the deposit made at the
time of the filing of the application.
(c) License qualifications. No license shall be issued to anyone other than a person twenty-
one (21) years of age or older, of good moral chazacter and repute, nar, consistent with
and subject to Minnesota Statutes, Chapter 364, to any person convicted of any federal,
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Rl�if�i �
state or local crime or offense involving the manufacture, sale, dfstYlbution or possession
for sale or distribution of intoxicating liquor, or of any crime under Minnesota Statutes,
Section 152.09, Subdivisions 1(1), 1(3) and 2, or of any crime usable under Minnesota
Statutes, Chapter 364, which directly relates to the occupation or business for which the
license is sought.
(d) Public hearing; notices. No new license for either on-sale or off-sale shail be issued
without a public hearing on the application. The notification requirements appiicable to
license transfers or change in licensed areas in section 409.11 shall be applicabie in the
issuance of such new licenses; provided, however, that such norice requirements may be
waived by the city council by motion on the �rmative vote of five (5) members upon
the following findings: (1) that the application is in order and there exist no grounds for
denial of the license; (2) that the citizens' district councii whose geographical azea
encompasses the proposed licensed premises consents to the waiver, (3) that failure to
grant the waiver, with the consequent delay in approving the license, would either cause
exceptional and unusual hardship to the license applicant or would cause substantial
hardships to the community for which the license is sought; and (4) agreement by the
licensee that all licensed operations may be immediately discontinued, waiving all
requirements of further notice and hearing, in the event of a directive from the Office of
License, Inspections and Environmental Protection as provided hereinbelow. In any case
in which the forty-five-day notice period has been waived, if the Office of License,
Inspections and Environmental Protection receives a complaint prior to the date the
public hearing was originally scheduled or would have been scheduled, the said office
shall immediately investigate the claim and recommend an appropriate course of action to
the city council. If the complaint provides a basis for adverse action against the license,
the said office shall direct that the licensee immediately discontinue all operations, and
shall reschedule the public hearing before the city council or initiate an adverse action.
(e) One license only. Not more than one (1) off-sale retailers license shall be directly or
indirectly issued to any one (1) person or for any one (1) place in this city, nor shall any
retailer s off-sale license be direcfly or indirectly issued for any place for which a license
of another class has been granted. It shall not be a violation of this pazagraph for a person
who owns, direcfly or indirecdy, or who has an interest in any intoxicating liquor license
in this city additionally to own directly or indirectly or to have an interest in one (1) or
more corporations owning or operating a hotel holding an intoxicaUng liquor license in
connection therewith; provided, that such hotel shall have at least one hundred fifty (150)
or more rental units.
(� Premises of license. No on-sale or off-sale license shall be effective beyond the compact
and contiguous space named in such license and for which the same was granted, except
that an on-sale license granted for sales in the dining room of any hotel may pernut sales
of liquor with meals in additional dining rooms open to the public and specified in the
license if ineals are regularly served to guests therein. If ineals are regularly served to
guests in guest rooms in any such hotel, liquor may be sold in such guest rooms but only
with meals; provided, that such guest rooms must be specified in the license granted. No
sales shall be made upon the premises of an on-sale licensee except upon the ground
floor; provided, however, that this limitation shall not apply to a hotel duly licensed to
sell on another floor as in this section provided; and provided further, that a licensee shall
be pernritted to sell at a place in a building other than the ground floor if a license has
been granted for sales on a floor other than such ground floor. All licenses granted
hereunder shall set forth the exact location within the building structure where such sales
may be made and no sale shall be permitted except in that part of the premises defined in
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the license, except as provided in the following subsection (g).
ORIGINAL
3 (g) Seasonal outside service azeas. The council may, by resolution, permit any licensee to seil
4 or serve intoxicaring liquors in areas outside the building structure which are immediately
5 adjacent to and conriguous with the structure containing the licensed premises. Such
b outside service areas shall be seasonal, and shall not involve an enlargement of the
7 building structure. Such permission shall not be granted unless all the condirions of
8 subsections (1) through (7) and all pertinent provisions of the zoning code are satisfied.
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(1) No outside service area shall be permitted unless the licensee presents with his or
her application for such outside service azea a statement in wriring by ninety (90)
percent of the owners �ts of all private residences, dwellings and
apartment houses located within three hundred (300) feet of the proposed outside
service area that they have no objection to such service area. Measurements shall
be determined from the property line of the licensed premises to the property line
of the residential uses; provided, however, that where the licensed premises is
located within a shopping mall or shopping center the measurements shall be
deternuned from the neazest comer of the building in which the licensed premises
is located to the property line of the residential uses.
(2) Off-street parking spaces may not be reduced by the establishment of an outside
service area below the number of off-street pazking spaces which wouid be
required if the licensed premises together with the outside service area were to be
newly constructed in confornuty with the zoning code; provided, however, that
this requirement may be modified by the council by resolution in accordance with
the procedures and substantive criteria provided in section 409.08(11)e. of this
Legislative Code.
(3) No outside service area shall be penmitted unless the licensee provides, in addition
to other requirements of law, safety barriers or other enciosures to protect patrons
from any hazards, including vehicular traffic.
(4) No outside service area shall be located on public property or upon any street,
alley or sidewalk, nor shall such outside service azeas hinder or obstruct vehiculaz
or pedestrian traffic on any street, alley or sidewalk. Notwithstanding the
foregoing, the sale and service of alcoholic beverages within a sidewalk cafe by a
food establishment
which is licensed as a restaurant under Chapter 331A of the L,egislative Code and
which is in compliance with the provisions of section 106.01 of the L,egislative
Code, is pernutted.
(5) The council may deny any application for an outside service azea where it has
reason to believe, or may revoke its permission for such an outside service azea
where it is satisfied, that the impact of such outside service area on adjoining
property will be, or has been, any of the following:
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c.
I.oud, boisterous or disturbing noise levels;
Hazazdous traffic conditions;
Offensive, obnoxious or disturbing odors;
d. Excessive litter;
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(6) Permission to sell and serve intoxicating liquor in or upon any outside service area
may be revoked by the council on three (3) days' notice to the licensee, pursuant to
information received at a public hearing before said council. The informarion need
not be received under oath, but must reasonably satisfy the council as to the
existence of any or all of the conditions listed in subparagraph (5). The public
heazing shall be conducted with such formal or informal procedures as the council
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7 g. Any other condirion inconsistent with the reasonable use and en}oyment of
8 adjoining property and inconsistent with the health, safety, morals and
9 general welfare of the adjoining neighbors or community.
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e. Excessive artificial iighting;
ORlGlNAL
f. Substantial decrease in adjoining properiy values; or
may permit, so long as the licensee and any complaining parties have an
opportunity to be heard.
(7) The licensee shall, with respect to any outside service azea, comply with all
applicable provisions of law and regulations in regard to the sale and service of
intoxicating liquor, including, without limitation by reason of this specification,
all applicable regulations contained in sections 409.08 and 409.04 of this chapter.
(h) Zoning restrictions. No license shall be issued for premises located within an area
wherein such use of the premises is prohibited by the zoning code, nor within an area
where such sales are forbidden by the state law or any other ordinance of the city.
(i) License location restrictions.
(1)
�2)
No off-sale license shall be issued for any place where nonintoxicating malt
beverages shall be sold for consumption on the premises.
No off-sale license shali be issued to any location within a half-mile radius of any
existing off-sale establishment.
(3) No license shall be issued for an off-sale location which is within three hundred
(300) feet of residentially zoned property, a pazk or a licensed child-care center,
said three hundred (300) feet being calculated and computed as the distance
measured from the propefty line of the premises or building proposed as the
location for the off-sale liquor license to the property line of any residentially
zoned property, park or child care center in the area for which the license is
sought.
(i) The council may waive the restrictions set forth in paragraph (3) above
relating to distance if it makes findings that such a license is not
inconsistent with the health, safety, morals and general welfaze of the
adjoining neighbors or community. Factors which may be considered
include, but are not limited to the foilowing: the likelihood of increased
noise, traffic, litter, loitering or unlawful behavior by patrons of the
establishment, excessive artificial lighting, substantial decrease in
adjoining property values, and the extent to which any of the potential
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problems can be addressed by conditions on the license. O R�(� I� n�� 3 3�.
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(ii) In ordez to waive the restrictions relating to distance the council must first
receive a petition from seventy-five (75) percent of the owners and tenants
of ali private residences, dwellings and apartment houses located within
three hundred (300) feet of the proposed off-sale location stating that they
have no objection if the waiver relates to residentially zoned property or a
written statement consenting to the waiver by the director and/or owner of
the child caze center if the waiver relates to a licensed child care center.
(iii) An establishment holding a valid license on the effective date of this
amendment shall not be affected by this limitation, but shall be entitled to
have such license renewed so long as they are in compliance with all other
requirements of law and there exist no grounds for adverse aciion against
such license.
�)
Other required pernut. No license granted hereunder shall be effective until a pernut shall
be issued to such licensee by the United States if any such pernut is, in fact, required.
(k) State restrictions. No license shall be issued to any person in connection with the
premises of another to whom no license could be issued under the provisions of the state
liquor control act; provided, however, that this provision shall not prevent the granting of
a license to a proper lessee by reason of the fact that he shall lease premises of a minor,
noncitizen or a person who has been convicted of a crime other than a violation of this
chapter or the liquor control act.
(1) Reserved.
(m) Renewals:
(1) An on-sale license renewal may be denied for any licensee who is delinquent in
any payment or contribution to a health and welfare trust or pension trust.
(2) If on or before the expiration of the license the ]icensed business has discontinued
its operation or closed for any reason, the council shall renew said license only
upon the condition that the licensee shall reopen and restore the licensed business
to full operation within the terms of the renewed license, or in the altemative, that
the licensee shall make application for and obtain passage, approval and
publication of a resolution for the transfer of said license within the term of the
renewed license to another person. No license issued upon condition pursuant to
this subsection shall be further renewed unless one (1) or the other of the above
conditions has been fully met; provided, however, that the council may reissue a
license for a business which has not been in full operation during the prior license
yeaz if the licensed premises were acquired by eminent domain or under the threat
of eminent domain and the licensee has made a good faith attempt to relocate the
business to another location.
(3) Any license which is not renewed pursuant to this paragraph (m) or for any other
reason lapses and may be reissued pursuant to section 409.16.
(n) License near church or school. No license, except an on-sale wine or intoxicating malt
liquor license issued to a restaurant as defined in section 409.15, shall be issued for any
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premises located within three hundred (300) feet from any public or paro
����. P N A L 3 Z �
church or synagogue, said three hundred (300) feet being calculated and computed as the
distance measured from the property line of the premises or building proposed as the
location for the liquor license to the property line of any schooi, church or synagogue in
the area for which the license is sought.
Any licenses in force and effect on November 10, 1962, the location of which license is
in conflict with the provisions hereof, may be renewed, transferred or otherwise dealt with in
accordance with law, it being the intent of this paragraph that it be applied prospectively for
proposed locarions of licenses, and further it being the intent of this paragraph that the limitations
set forth in this paragraph shali in no manner be appiicable to any hotel or motel. Upon written
petition signed on behalf of the school, church or synagogue located within three hundred (300)
feet of the proposed location of the license, the council may by a five-sevenths vote disregard the
provisions of this paragraph insofar as location adjacent to a church, school or synagogue of a
proposed license is concerned.
(o) Unlawful use of weapons. If during any twelve-month period there aze reported two (2) or
more incidents involving unlawfui use or handiing of firearms, assault weapons or knives,
as defined in section 225.01, on any licensed on-sale premises, a public hearing shall be
conducted by the council. Any adverse action may be considered by the council pursuant
to the hearing provisions of section 310.05.
(p) Prohibited interests. A holder of a]icense as a manufacturer, brewer or wholesaler may
not have any interest or ownership, in whole or in part in a business holding a retail
intoxicating liquor license or in the license so held, but a manufacturer or wholesaler of
intoxicating or nonintoxicating liquor may use or have property rented for retail
intoxicating liquor sales if the manufacturer or wholesaler has owned the property
continuously since November 1, 1933. For the purposes of this paragraph, the term
"interest":
(1) Includes any pecuniary interest in the ownership, operation, management or
profits of a retail liquor establishment, and a person who receives money from
time to time directly ar indirectly from a licensee, in the absence of consideration
and excluding gifts or donations, has a pecuniary interest in the retail license; and
(2) Does not include loans, rental agreements; open accounts or other obligations held
with or without security arising out of the ordinary and regular course of business
of selling or leasing merchandise, fixtures, supplies to the establishment; an
interest in a corporation owning or operating a hotel but having at least one
hundred fifty (150) or more rental units hoiding a liquor license in conjunction
therewith; or ten (10) percent or less interest in any other corporation holding a
license; and
(3) In deternuning whether an "interest" exists, the transaction must have been bona
fide and the reasonable value of the goods and things received as consideration for
a payment by the licensee and all other facts reasonably tending to prove or
disprove the existence of a purposeful scheme or arrangement to evade the
restrictions of this paragraph must be considered.
(q) Nonconfornung clubs; transition. The restrictions and requirements in sections 409.06(h),
409.06(n), and 409.08(11) of this chapter shall not apply to licenses issued to a club under
this chapter which at the time of applicarion for an on-sale license held a private ciub
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license under former Chapter 404 of this Code for the same premises for which a license 03 �`3Z o�
hereunder is sought or will be issued, for so long as the on-sale license remains at that
location and the licensed premises is neither enlarged nor transfeired. Such licensed
premises will be deemed a lawful nonconforming use under the zoning code.
o����N��
Section 2
This ordinance shall take effect and be in force thirty (30) days following its passage,
approval and publication.
BY: � '
Approved b M y�! G'N�'r
By:
Requested by Department of:
Bl'
Form Approved by City Attorxyey
\ i
ay: ' ��„La.t9 � J �� 'h�
Approved by Mayor for Submission to Council
gl' �
"_li�''.�,�l.�r�-.
;1 � , l�
Adopted by Council: Date �a a a�
Adoption Certi�i d by Council Secre
OFFICE oF LIEP Date: GREEN SHEET-
Janeen Rosas, Director March 26, 2003
266-9013 No . 403502 03-3�►
CONTACT PSRSON & PHONS: 1 Ep"RT�n' aixscrox ixx rnuxciL
aneen Rosas (266-9013) 2=� ATT°x�sr Ixr `z'saK
ust be on Council Agenda: �� nx�cmx xN. � c�cx. svc. nzx.
�
s Soon As Possible 3 ]OR (OR ASSISTANT)
OTAL # OF SIGNATIIRE PAGSS 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
ordinance amending Chapter 409 of the Saint Paul Legislative Code to permit
alcohol to be served in sidewalk cafes in all areas of the city, eliminating
the restriction of such service only to the downtown business district or
commercial development districts.
CO2M�NDATIONS: APPROV& (A) OR R%JECT �) &8SOtiAL 58RVIC8 CANTRACTS MOST ANSW6& THH FOLiAiVIiIG:
PLANNING COM1AfISSIOx CIVIL SbRVICe CONQ+tISSION 1. xas the person/firm ever worked under a contract for this department?
CIB COhSiZTTEE BUSINE55 REVISW COUNCIL YES NO '
STAFP DISTRICt COUNCIL 2. Has this person/firm eves been a,City employeeT �y}s,.���n� �qt�
DISIRICT COURT _ - YES NO ' ' � +
3. Does this personJ£ixm posseas a skill not noxmally possessed by any
SUPPORTS WHICH COUNCIL OBJECTIVE? ' Current City employee?
Y&S NO „' F.y�',? j� e� .
lain all Y85 aaswers oa a aeparate aheet aad attach. ��_ 'i�I F�
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
Currently a commercial development district needs to be created if a business -
outside of downtown wishes to establish a sidewalk cafe with alcohol on sale.
This is a very cumbersome and lengthy process requiring a change in the Saint.
Paul City Charter and a Special City Council Meeting for each individual
address wishing to establish a commercial development district. This
legislation allows sidewalk cafes to serve alcohol throughout the city.
VANTAGES IF APPROVED:
Streamlining of the'process necessary for restaurants'to have sidewalk dining
and sidewalk liquor licenses. More.outdoor dining in the City of Saint Paul
creating a more hospitable atmosphere for visiGors..
ISADVANTAGES IF APPROYED:
rgument by some that alcohol would be easier for minors to obtain and that
there'would be more alcohol consumption in general.
ISADVANTAGES IF NOT APPROVED:
The long and cumbersome process of establishing Commercial Development
istricts for every small establishment that wanted outdoor dining would
continue. Saint Pau1 may continue to be viewed by some as not being business
friendly.
TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
Council File # � 3" 3 ��
�,��i�������
k `�
Ordinance #
Green Sheet # `Y b? `�`�
ORDINANCE
CITY OF SAINT PAUL, NIINNESOTA
Presented By
Referred To
Committee
30
An ordinance amending Chapter 409 of the Saint Paul gislativi
Code to permit alcohol to be served in sidewalk caf in all azeas
of the city, eliminaring the restriction of such serv'ce only to the
downtown business district or commercial deve pment districts
THE COUNCIL OF THE CITY OF SAINT PAUL D ES ORDAIN:
Section
Section 409.06 of the Saint Paul L.egislaUve Cod is hereby amended to read as follows:
Sec. 409.06. Licensing requirements.
(a) Application. Any person desiring icense to sell intoxicating liquor shall make his
verified application in writing up n a fornn approved by the liquor control commissioner
of the State of Minnesota and s 11 file the same with the inspector. Such application
form shall require that the fol wing information be set forth upon the application, and
such further information as ay be required:
(1) The name and pla¢e of residence of the applicant.
(2) The location�the premises upon which the applicant proposes to sell such liquor
and an exact escription, including the proposed floor plan and seating capacity,
of the partic lar place within the building structure where such sales are proposed.
(3) Whether e applicant has ever been engaged in a similar business and, if so, the
locatio thereof and the date when so engaged. The application shall be signed
and v�fied by the applicant in person and, if the applicant is a corporation, by an
offi r of the corporation.
(4) / Whether applicant has ever used or been known by a name other than his true
name; and if so, what was such name or names and information concerning dates
and places where used.
(5) Street addresses at which appiicant and present spouse have lived during the
preceding ten (10) yeazs.
�f�
3
4 (7)
5
6
7 (8)
8
9
10
11
12
13 (9)
14
15
16
17 (10)
18
19
20
21
22
23
24
25
26 (11)
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48 (12)
49
50 (13)
51
52
Kind, name and location of every business or occupation applicant has been
engaged in during the preceding ten (10) yeazs.
Names and addresses of applicant's employers and partners, if any, for the
preceding ten (10) years.
03 -3�.�
R'hether applicant has ever been convicted of any felony, crime or violation
any ordinance other than trafFc. If so, the applicant shall furnish informat' n as to
time, place and offense for which convictions were had. The inspector d council
shall not make use of any conviction or criminal record not available or lawful
use under Minnesota Statutes, Chapter 364.
VJhether applicant has ever been engaged as an employee of o m operating a
saloon, hotel, restaurant, cafe, tavem or other business of si 'lar nature. If so,
applicant shall fiunish information as to the time, place length of time.
If the applicant is a partnership, the names and addres es of all partners and all
information concerning each partner as is required a single applicant. A
managing partner or parmers shall be designated. he interest of each partner in
the business shall be disclosed. A true copy of t e partnership ageement shall be
submitted with the application; and if the p ership is required to file a
certificate as to a trade name under the prodsions of Chapter 333, Minnesota
Statutes, a copy of such certificate certifie by the clerk of district court shall be
attached to the application.
If the applicant is a corporation or o er organization and is applying for an on-
sale or off-sale license, the follow� g:
a. Name, and if incorpora d, the state of incorporation.
b. A true copy of certi cate of incorparation, articles of incorporation, or
association agree ent and bylaws; and if a foreign corporation, a
certificate of aut ority as described in Chapter 303, Minnesota Statutes.
c.
The name of e manager or proprietor or other agent in charge of the
premises to e licensed, the assistant manager(s), the food manager(s), and
the bevera e manager(s), giving all the information about said person(s) as
is requir of a single applicant in subparagraph (3) of this section.
d. The a plication shall contain a list of all persons who, singly or together
wi any other person, own or control an interest in said corporation or
as ciarion in excess of five (5) percent or who aze officers of said
rporation or association, together with their addresses and all
mformation as is required of a single applicant, except that applications for
off-sale shall list all persons who own or control any interest in said
corporation.
Reserved.
A copy of the Minnesota buyer's card or application therefor, and a copy of the
federal retail dealer ta3c stamp or application therefor, received or submitted by the
applicant.
� , 1 , � . �� • ( ''� t 4� The amount of the investment that the applicant has in the business, buiiding,
�.1 ��, � 1� f�� � premises, fixtures, furniture, stock-in-trade, and any other asset, and proof of the ��j ��� �.
3 `" source of such money.
4
5 (15) The names and addresses of all persons, other than the applicant, who have any
6 financial interest in the business, buildings, premises, fixtures, fumiture and
7 stock-in-trade; the nature of such interest, amount thereof, terms for paymen or
8 other reimbursement. This shall include, but not be limited to, any lessees
9 mortgagees, mortgagors, lenders, lien holders, trustees, trustors and pe ns who
10 have cosigned notes or otherwise loaned, pledged or extended securi for any
11 indebtedness of the applicant.
12
13 (16) Whether or not all real estate and personal property tases for t premises to be
14 licensed that are due and payable have been paid, and if not "d, the years and
15 amounts which aze unpaid.
16
17 The applicant shall file with the inspector, with his application, the unt of the license fee
18 herein fixed for the particular license for which he makes applicatio .
19
20 (b) Investigation; issuance; etc. The license inspector shall r ister the application in books
21 kept for that purpose, one (1) for on-sale licenses and e(1) for off-sale licenses. He or
22 she shall notify immediately the director of the divisi n of public health, the chief of
23 police and the chief of the department of fire and s ety services of the fact that such
24 application is filed It is hereby made the duty of e aforesaid director, the chief of police
25 and the fire chief to inspect and examine or hav inspected and examined the premises
26 described an the application and inquire into t e character of the applicant and make
27 report to the inspector of their opinion, whe er the applicant is a proper person to receive
28 such a license and whether the premises suitable for such a business. Upon receipt of
29 the reports, the inspector shall examine em and transmit them to the city council,
30 together with his or her recommendati s respecting the applicant or the place of
31 business. Upon receipt of such repo and recommendations, the council shall consider
32 the same and shall, by resolution, ant or deny the application.
33
34 Where the application is for an f-sale liquor license and the applicant is the holder of an
35 on-sale nonintoxicating malt liquor li nse heretofore issued by The city council to sell such
36 nonintoxicating malt liquor for cons mption on the premises, the council shall not grant such off-
37 sale liquor license until the applic t surrenders his license to sell nonintoxicating malt liquor for
38 consumption on the premises. If off-sale license is granted, the resolution granting it shall
39 direct the inspector to issue the icense whenever the bond hereinafter provided for has been
40 approved and the liquor contr commissioner advises the inspector that he approves of the
41 issuance of the license to th particular applicant.
42
43 ff an on-sale lice e is granted, such resolution shall direct the inspector to issue the same
44 whenever the bond her nafter provided for has been approved.
45
46 Should the plication for a license not be granted, the resolution refusing the same shall
47 authorize and dir t the proper city officers to refund to the applicant the deposit made at the
48 time of the filing of the application.
49
50 (c) License qualifications. No license shall be issued to anyone other than a person twenty-
51 one (21) yeazs of age or older, of good moral chazacter and repute, nor, consistent with
52 and subject to Minnesota Statutes, Chapter 364, to any person convicted of any federal,
�: ; p n
��� � t�� t�te or local crime or offense involving the manufacture, sale, distribution or possession
2 ���o�'sale or distriburion of intoxicaring liquor, or of any crime under Minnesota Statutes, 3��� �
3 Section 152.09, Subdivisions 1(1), 1(3) and 2, or of any crime usable under Minnesota
4 Statutes, Chapter 364, wluch directly relates to the occupation or business for which e
5 license is sought.
6
7 (d) Public hearing; norices. No new license for either on-sale or off-sale shall be�ssued
8 without a pubiic hearing on the application. The norification requirements pplicable to
9 license transfers or change in licensed areas in section 409.11 shall be applicable in the
10 issuance of such new licenses; provided, however, that such notice re�irements may be
11 waived by the city council by motion on the affirmative vote of five,�5) members upon
12 the following findings: (1) that the applicarion is in order and ther��exist no grounds for
13 denial of the license; (2) that the citizens' district council whos�eographical area
14 encompasses the proposed licensed premises consents to the ver; (3) that failure to
15 grant the waiver, with the consequent delay in approving the icense, would either cause
16 exceptional and unusual hardship to the license applicant would cause substanrial
17 hardships to the community for which the license is sou t; and (4) agreement by the
18 licensee that all licensed operarions may be immediate discontinued, waiving all
19 requirements of further notice and hearing, in the ev t of a directive from the Office of
20 License, Inspections and Environmental Protection s provided hereinbelow. In any case
21 in which the forty-five-day notice period has bee waived, if the Office of License,
22 Inspections and Environmental Protection recei es a complaint prior to the date the
23 public hearing was originally scheduled or w ld have been scheduled, the said office
24 shall immediately investigate the claim and commend an appropriate course of action to
25 the city council. If the complaint provides basis for adverse acuon against the license,
26 the said office shall direct that the licens immediately discontinue all operations, and
' 27 shall reschedule the public hearing bef the city council or initiate an adverse action.
28
29 (e) One license only. Not more than on (1) off-sale retailer's license shall be directly or
30 indirecdy issued to any one (1) pe on or for any one (1) place in this city, nor shall any
, 31 retailer s off-sale license be direc y or indirectly issued for any place for which a license
32 of another class has been grante . It shall not be a violation of this paragraph for a person
33 who owns, directly or indirect , or who has an interest in any intoxicating liquor license
34 in this city additionally to ow directly or indirectly or to have an interest in one (1) or
35 more corporations owning operating a hotel holding an intoxicating liquor license in
36 connecuon therewith; pro ded, that such hotel shall have at least one hundred fifty (150)
37 or more rental units.
38
39 (f j Premises of license. on-sale ar off-sale license shall be effective beyond the compact
40 and contiguous spac named in such license and for which the same was granted, except
41 that an on-sale lice se granted for sales in the dining room of any hotel may permit sales
42 of liquor with me s in addifional dining rooms open to the public and specified in the
43 license if ineals e regularly served to guests therein. If ineals are regulariy served to
44 guests in guest ooms in any such hotel, liquor may be sold in such guest rooms but only
45 with meals; ovided, that such guest rooms must be specified in the license granted. No
46 sales shall made upon the premises of an on-sale licensee except upon the ground
47 floor; pro ided, however, that this limitation shall not apply to a hotel duly licensed to
48 sell on another floor as in this section provided; and provided further, that a licensee shall
49 be permitted to seli at a place in a building other than the ground floor if a license has
50 been granted for sales on a floor other than such ground floor. All licenses granted
51 hereunder shall set forth the exact location within the building structure where such sales
52 may be made and no sale shall be permitted except in that part of the premises defined in
�l �����l�e(lic�nse, except as provided in the following subsection (g). �.� ��� �
�`1 t_
3 (g) Seasonal outside service azeas. The council may, by resolution, pernut any licensee to sell /
4 or serve into�cicating liquors in azeas outside the building struchue which are immediatel
5 adjacent to and contiguous with the structure containing the licensed premises. Such
6 outside service areas shall be seasonal, and shall not involve an enlargement of th�
7 building structure. Such pennission shall not be granted unless all the condition5of
8 subsections (1) through (7) and all pertinent provisions of the zoning code ar��satisfied.
9 /
10 (1) No outside service area shall be pernutted unless the licensee presents with his or
11 her application for such outside service area a statement in wrirnig by ninety (90)
12 percent of the owners and tenants of all private residences, d ellings and
13 apartment houses located within three hundred (300) feet o the proposed outside
14 service azea that they have no objection to such service a. Measurements shall
15 be deternuned from the property line of the licensed pr�mises to the property line
16 of the zesiden6al uses; provided, however, that where�the licensed premises is
1'7 located within a shopping mall or shopping center e measurements shall be
18 determined from the nearest corner of the buildi m which the licensed premises
19 is located to the property line of the residential�ises.
20
21 (2) Off-street pazking spaces may not be reduc d by the establishment of an outside
22 service azea below the number of off-stre t parking spaces which would be
23 required if the licensed premises toge r with the outside service area were to be
24 newly constructed in conformity wi e zoning code; provided, however, that
25 this requirement may be modified the council by resolution in accordance with
26 the procedures and substanrive c� eria provided in section 409.08(11)e. of this
27 Legislative Code.
28
29 (3) No outside service area shal e pernutted unless the licensee provides, in addition
30 to other requirements of 1, safety bazriers or other enclosures to protect patrons
31 from any hazards, inclu � g vehicular traffic.
32
33 (4) No outside service ar a shall be located on public property or upon any street,
34 alley or sidewalk, n r shall such outside service azeas hinder or obstruct vehicular
35 or pedestrian traff' on any street, alley or sidewalk. Notwithstanding the
36 foregoing, the s e and service of alcoholic beverages within a sidewalk cafe by a
37 food establish ent
38 . >
39 which is lic sed as a restaurant under Chapter 331A of the Legislative Code and
40 which is i compliance with the provisions of section 106.01 of the Legislative
41 Code, is ermitted.
42
43 (5) The uncil may deny any application for an outside service area where it has
44 re on to believe, or may revoke its pernussion for such an outside service area
45 ere it is safisfied, that the impact of such outside service azea on adjoining
46 property wil] be, or has been, any of the following:
47
48 a. I.oud, boisterous or disturbing noise levels;
49
50 b. Hazazdous traffic conditions;
51
52 c. Offensive, obnoxious or disturbing odozs;
�RI�
3 e.
4
5 f.
6
7 g.
8
9
10
Excessive litter;
Excessive artificial lighting;
Substantial decrease in adjoining property values; or
Any other condition inconsistent with the reasonable use and
adjoining property and inconsistent with the health, safety, m
general welfaze of the adjoining neighbors or community. �
�
03 _� �1,8-
of
11 (6) Permission to sell and serve intoucating liquor in or upon any �tside service area
12 may be revoked by the council on three (3) days' norice to the�tcensee, pursuant to
13 information received at a public hearing before said counci �`The information need
14 not be received under oath, but must reasonably satisfy�ouncil as to the
15 existence of any or all of the condiUOns listed in subpa�r graph (5). The public
16 hearing shall be conducted with such formal or info al procedures as the council
17 may permit, so long as the licensee and any compl 'ning parties have an
18 opportunity to be heard.
19
20 (7) The licensee shall, with respect to any outsid service area, comply with all
21 applicable provisions of law and regulatio in regard to the sale and service of
22 intoxicating liquor, including, without li 'tation by reason of this specification,
23 all applicable regulations contained in ctions 409.08 and 409.09 of this chapter.
24
25 (h) Zoning restrictions. No license shall be
26 wherein such use of the premises is pro
27 where such sales aze forbidden by the s
28 / 29 (i) License location restrictions.
30
31 (1} I�o off-sale license shall
32 beverages shall be sold
33
34 (2) No off-sale license all
35 existing off-sale e ablis
�d for pzemises located within an area
ted by the zoning code, nor within an area
law or any other ordinance of the city.
issued for any place where nonintoxicating malt
consumption on the premises.
be issued to any location within a half-mile radius of any
36
37 (3) No license sha be issued for an off-sale location which is within three hundred
38 (300) feet of esidentially zoned propefty, a park or a licensed child-care center,
39 said three ndred (300) feet being calculated and computed as the distance
40 n
41 lc
42 z
43 s�
44
45 �
46
47
48
49
50
51
52
om the property line of the premises or building proposed as the
the off-sale liquor license to the property line of any residenfially
:rty, pazk or child care center in the azea for which the license is
The council may waive the restrictions set forth in paragraph (3) above
relating to distance if it makes findings that such a license is not
inconsistent with the health, safety, morals and general welfare of the
adjoining neighbors or community. Factors which may be considered
include, but are not limited to the following: the likelihood of increased
noise, traffic, litter, loitering or unlawful behavior by patrons of the
establishment, excessive artificial lighting, substantial decrease in
adjoining property values, and the extent to which any of the potential
:� p ) � � .� T d r1
�
#� :�� ; � ; �
2 , :1"
3
4
5
6
8
9
10
11
12
13
14
15
16
problems can be addressed by condirions on the license.
03 -3�1�-
(ii) In order to waive the restrictions relaring to distance the council must first
receive a petition from seventy-five (75) percent of the owners and te t�
of all private residences, dwellings and apartznent houses located w m
three hundred (300) feet of the proposed off-sale location stating�,ti�iat they
have no objection if the waiver relates to residentially zoned p�operry or a
written statement consenting to the waiver by the director a�/or owner of
the child care center if the waiver relates to a licensed chi}fl care center.
(iii) An establishment holding a valid license on the effec 've date of this
amendment shall not be affected by this limitarion ut shall be enrifled to
have such license renewed so long as they are in ompliance with all other
requirements of law and there exist no grou � for adverse action against
such license.
17 (j) Other required permit. No license granted hereunder s 1 be effective until a pernut shall
18 be issued to such licensee by the United States if any uch pernut is, in fact, required.
19
20 (k) State restrictions. No license shall be issued to
21 premises of another to whom no license could
22 liquor control act; provided, however, that thi
23 a license to a proper lessee by reason of the ac
24 noncitizen or a person who has been cond ted
25 chapter or the liquor control act.
26
27 (1) Reserved.
28
29 (m) Renewals:
30
31 (1)
32
33
34 (2)
35
36
37
38
39
40
41
42
43
44
45
46
47 �
48 (
49
50
person in connection with the
issued under the provisions of the state
provision shall not prevent the granting of
t that he shall lease premises of a minor,
of a crime other than a violation of this
An on-sale license ren,�wal may be denied for any licensee who is delinquent in
any payment or cont}�ibution to a health and welfare irust or pension trust.
If on or before th expiration of the license the licensed business has discontinued
its operation or losed for any reason, the council shall renew said license only
upon the con �tion that the licensee shall reopen and restore the licensed business
to full opera on within the terms of the renewed license, or in the altemarive, that
the licens shall make application for and obtain passage, approval and
publicati of a resolution for the transfer of said license within the term of the
renewe license to another person. No license issued upon condition pursuant to
this s section shall be further renewed unless one (1) or the other of the above
con tions has been fully met; provided, however, that the council may reissue a
lic se for a business wiuch has not been in full operation during the prior license
y az if the licensed prezsrises were acquired by eminent domain or under the threat
f eminent domain and the licensee has made a good faith attempt to relocate the
business to another location.
Any license which is not renewed pursuant to this paragraph (m) or for any other
reason lapses and may be reissued pursuant to section 409.16.
51 (n) License near church or schooi. No license, except an on-sale wine or intoxicating malt
52 liquor license issued to a restaurant as defined in section 409.15, shall be issued for any
c�lE� i
2
4
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6
7
9
10
11
12
13
14
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23
24
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31
32
33
34
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36
37
38
39
40
41
42
43
44
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46
47
48
49
50
51
52
'�` f r' r�'' C� -3�1 A
� ,,. � e�uses located within three hundred (300) feet from any public or parochial school, /
'���i
c' h'�tYch or synagogue, said three hundred (300) feet being calculated and computed as th�
distance measured from the property line of the premises or building proposed as the
location for the liquar license to the property line of any school, church or synagogu�n
the area for which the license is sought. i
/�
Any licenses in force and effect on November 10, 1962, the location of which�license is
in conflict with the pzovisions hereof, may be renewed, transfened or otherwise de�alt with in
accordance with law, iY being the intent of this puagraph that it be applied pro pecrively for
proposed locarions of licenses, and further it being the intent of this paragragh that the limitations
set forth in this paragraph shall in no manner be applicable to any hotel or/motel. Upon written
petition signed on behalf of the school, church or synagogue located witrnn three hundred (300)
feet of the proposed location of the license, the council may by a fiv�sevenths vote disregard the
provisions of this paragraph insofar as locarion adjacent to a churc , school or synagogue of a
proposed license is concerned.
(o) Unlawful use of weapons. If during any twelv
more incidents involving unlawful use or han�
as defined in section 225.01, on any licensed i
conducted by the council. Any adverse acrion
to the hearing provisions of section 310.05. �
(p) Prohibited interests. A holder of a lice
not have any interest or ownership, in
intoxicating liquor license or in the li
intoxicating or nonintoxicating liqu r
intoxicating liquor sales if the m fa
continuously since November 1, 933
"interest":
(1)
(2)
n�i period there aze reported two (2) or
�of fireazms, assault weapons or knives,
le premises, a public hearing shall be
be considered by the council pursuant
ns�'as a manufacturer, brewer or wholesaler may
�x��ole or in part in a business holding a retail
e nse so held, but a manufacturer or wholesaler of
may use or have property rented for retail
cturer or wholesaler has owned the property
. For the purposes of this paragraph, the term
Includes any pecuni interest in the ownership, operation, management or
profits of a retail li uor establishment, and a person who receives money from
time to time dire ly or indirectly from a licensee, in the absence of consideration
and excluding �fts or donations, has a pecuniary interest in the retail license; and
Does not inc de loans, rental agreements; open accounts or other obligations held
with or wit out security arising out of the ordinary and regular course of business
of sellin r leasing merchandise, fixtures, supplies to the establishment; an
interest 'n a corporation owning or operating a hotel but having at least one
hundr d fifty (150) or more rental units holding a liquor license in conjunction
ther ith; or ten (10) percent or less interest in any other corporation holding a
lic se; and
(3) determining whether an"interest" exists, the transaction must have been bona
fide and the reasonable value of the goods and things received as consideration for
a payment by the licensee and all other facts reasonably tending to prove or
/ disprove the existence of a purposeful scheme or arrangement to evade the
restrictions of this paragraph must be considered.
(q) Nonconfornung clubs; transition. The restrictions and requirements in sections 409.06(h),
409.06(n), and 409.08(11) of this chapter shali not apply to licenses issued to a club under
this chapter which at the time of application for an on-sale license held a private club
€ �`y � ! r""� i� t�,li¢ense under former Chapter 404 of this Code for the same premises for which a license
�-%� }2 �:.. ''`,��reunder is sought or will be issued, for so long as the on-sale license remains at that Q� .' j� �
3 location and the licensed premises is neither enlazged nor transferred. Such licensed
4 premises will be deemed a lawful nonconforming use under the zoning code. /'
5 /
6
7 Section 2
8
9 This ordinance shall take effect and be in force thiriy (30) days following i, assage,
10 approval and publication. �
Requested by Department of:
Adopted by Council:' Date
�
Adoption Certificd by Council Secretary
%
Byc
Approved by Mayor: Date
BY�
Bv: �L.'�wJ (�yf ���'V�C/V `