03-554r Council FIle # �3 � 5Sy
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Ordinance #
Green Sheet # 3eo �.zy
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
zy
1 An ordinance amending Chapter 409 to pernut sale of alcohol until
2 2:00 am. by those establishments which have obtained a permit
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from the State
5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
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Section 409.07 of the Saint Paul I.egislative Code is hereby amended to read as follows:
Sec. 409.07. Hours of sale; Sunday sales, etc.
(a) Hours of sale. No sale of intoxicating liquor shall be made after 1:00 am. on Sunday nor
until 8:00 a.m. on Monday. No on-sale shall be made between the hours of 1:00 a.m. and
8:00 a.m. on any weekday. Notwithstanding the foreeoine, an establishment which has
received a permit from the State of Minnesota which authorizes sale of intoxicatin� uor
or 3.2 nercent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 am. mav make
such sales if it has provided a cop,v of the roermit to the Director of the Office of LIEP.
No off-sale shall be made before 8:00 a.m. or after 8:00 p.m. of any day except off-sale
shall be pernutted on Friday and Saturday until 10:00 pm. No off-sale shall be made on
Thanksgiving Day or Christmas Day, December 25. ff the sale of liquors is not otherwise
prohibited on July 3, the date preceding Thanksgiving Day or on December 31, off-sale
may be made until 10:00 p.m.
(b) Sunday sales:
(1) Notwithstanding the provisions of pazagraph (b), establishments to which on-sale
licenses have been issued or hereafter may be issued for the sale of intoxicating
liquors which are hotels or restaurants and which have faciliries for serving no
fewer than fifty (50) guests at one (1) time may serve intoxicating liquors between
the hours of 10:00 am. on Sundays and 1:00 am. on Monday in conjunction with
the serving of food, but no liquor shall be served on Sundays other than to persons
who aze seated at tables; provided, that the licensed establishment is in
conformance with the Minnesota Clean Indoor Air Act. Notwithstandine the �'� �`�
foregoing, an establishment which has received a uernvt from the State of � 0 7
Minnesota which authorizes sale of intoxicatine liquor or 3.2 percent malt liquor
on-sale between the hours of 1:00 a.m. and 2:00 a.m. mav make such sales if it
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has provided a cop,v of the roernut to the Director of the Office of LIEP. p3—SSy
3 (2) It is unlawful for any such establishment, directly or indirectly, to sell or serve
4 intoxicating liquors as provided in subparagraph (1) above without having first
5 obtained a special license therefor. Such special license may be issued by the
6 council for a period of one (1) year and for which the fee shall be two hundred
7 dollazs ($200.00). Application for said special license shall be made to the council
8 in the same manner as application for other licenses to sell intoxicating liquor are
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(c) No consumption or display when prohibited. No person shall consume or display or allow
consumption or display of liquor upon the premises of an on-sale licensee at any time
when the sale of such liquor is not permitted.
(d) Private Christmas parties. Notwithstanding any other provision of the Legislative Code,
the license holder of premises having an on-sale license may once a yeaz during the
Christmas season have a private party at no charge to the guests after the lawful closing
hours; provided, that a written request for said party is submitted to the license inspector
thirty (30) days prior to the proposed date of the party; and provided further, that no sales
as defined by law of intoxicating liquors or nonintoxicating malt liquor shall be made at
or during said party. The inspector shall notify the chief of police of the date of each
proposed party.
Section 2
Section 409.07 of the Saint Paul I.egislative Code is hereby amended to read as follows:
Sec. 409.07.1. Extended service license.
(a) License. Establishments located holding on-sale licenses issued under this chapter may
remain open for the sale of food after the hours of sale provided in section 409.07 of the
L.egislative Code and until 3:00 am. if they have first obtained an extended service
license. Such license shall be a Class III license. Except as provided in subsection (d)
below, the notice, hearing and consent requirements in section 411.04(b) of the
I.egislative Code shall apply to extended service licenses. Applications shall be made on
such forms as may be provided by the Office of License, Inspections and Environmental
Protection. The fee for such license shall be established by ordinance as provided in
sec6on 31019(b) of the I.egislative Code.
(b) Procedures. Notwithstanding any other provision of law, the council may, at any time and
with respect to any establishment, condition, deny or revoke an extended service license
in order to protect the public peace, welfaze and safety, or upon the grounds in section
310.06 of the I.egislative Code, but without compliance with the formal contested case
hearing procedures in section 310.05 of the Legislative Code. The licensee or applicant
shall be given an opportunity to be heazd before the council on such actions.
(c) Regulations. T'he following regulations shall apply to all extended service licenses:
(1) Food menu. The establishment shall, as a condition of issuance and throughout
the term of such license, provide as a menu item during such extended hours of
service at least four (4) different types of entrees and/or sandwiches and a choice
of nonalcoholic beverages.
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03 -ssy
(2) No alcohol. No alcoholic beverages may be offered, displayed, sold or consumed
by anyone in the establishment during such extended hours. No alcoholic
beverage container of any kind, whether empty or containing any alcoholic
beverage, shall remain on the bar, tables, counters or any other place to which a
customer has access, or at any location in the customer areas of the establishment,
after 1:00 a.m., if the establishment has an extended service license or after 2:00
a.m. if the establishment has obtained a pernut from the State of Minnesota
pursuant to Minn. Stat. §340A.504, subd. 7.
(3) Alcohol storage. All alcoholic beverages shall be stored not later than 1:15 a.m.,
or 2:15 for those establishments which have obtained a pernut from the State of
Minnesota nursuant to Minn. Stat. §340A.504, subd. 7, which pernuts later
service and during extended service hours in a cabinet, locker, or storage area
which is locked and secure, and which shall remain locked at all times during
extended service hours.
(4) Entertainment. Except as provided in subsection (d) below, no entertainment shall
be provided during the extended service hours unless the applicant first complies
with the petition and consent requirements of section 411.04(b) of the I.egislative
Code. This is a sepazate and distinct requirement from that provided for in section
409.07.1(a) above, provided that the hearing dates may be combined at the
discretion of the council. The provision of entertainment during any extended
service hours shall be in conformity with all the other requirements of law,
including Chapter 411 of the I.egislative Code. Notwithstanding the foregoing, no
establishment shall provide Class C entertainment during the hours of extended
service hereunder.
(5) Conditions. The council may further condition any extended service license issued
hereunder, which conditions may include, but aze not limited to, by reason of this
specification:
a. Limitations on the time of the extended service hours, and/or the days of
the week on which such extended service hours may be held;
b. Requirements concerning staffing or security levels and/or the provision of
security during extended service hours;
a Conditions relating to security, lighting, noise, litter, parking or traffic
control; and
d. Other conditions enumerated in section 310.06(c) of the L.egislative Code.
Such conditions may be imposed on, revised or added to any extended service
license at any time, without compliance with the formal contested case hearing
procedures in section 310.05 of the Legislative Code. The licensee or applicant
shall be given an opportunity to be heard before the council on such conditions.
(d) Downtown business district. Applicants for extended service license located in the
downtown business district, as defined in section 409.02, shall not have to comply with
the notice, hearing and consent requirements in section 411.04(b) for either the license
itself or the provision of entertainment under an existing entertainment license during the
extended service hours. Class C entertainment cannot be provided during the hours of
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extended service hereunder.
Section 3
This ordinance shall take effect and be in force thiriy (30) days following its passage,
approval and publication.
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Requested by Department of:
Adopted by Council:
Adoption Certified by Council
�' � � �
Form Approved by City Attorney
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+ ,� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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�- DeparlmenNoffice/council: � Daffi Initiated:
: � — I,icensdlnspection/EnvironIhot 03JUN-03 Green Sheet NO: 3001024
ContaG Person 8 Phone:
Janeen Rosas
266-9U13
on Couneil Agenda by (Date):
Total # of Signature Pages
�
Assign
Number
For
Routing
Order
Ueoartment Sent To Person -
0 i eose/fo tioo/Emiron Pr '
(Clip All Locations for Signature)
- Action Requested:
" An ordinance amending Chapter 409 to permit sale of alcohol unri12:00 a.m. by those establistunents which have obtained a pemut
, from the state.
Recommendations: Approve (A) or
Planning Commission
CIB Committee
Civil Service Commission
t. Has this person/firm everworked under a contrad for this department?
Yes No
2. Has this persoNfirm ever been a city employee? �
Yes, No
3. Does this persoNfirtn possess a skiil not normaly possessed by any
curzent city employee? - -
Yes No,
Explain all yes answers on separate sheet and attach to green sheet
Initiating,Problem, Issues, Opportuaity (Who, Wt�at, When, Where, VYhy):
State statute was changed by 2003 Legislature to alIow cities to permit 2 am. bar closnre.
AdvanW5les if Approved: ,
City of Saint Paul will be more competitiue in the convenGon mazket. Additional revenues from sales tax and additional revenue for state
palrol. �
Disadvantas�es IfApproved: " '
Additional'staff time for police and licensing staff possible for additional alcohol-related incidenu:
DisadvaMages If Not Approved: � �
City will lose revenue to other cities and will be less competitive for convenrion business.
Total Amount of
Trensaction:
FundinSl Source:
CastlRevenue Budge[ed:
Activity Number.
Financial Infortnation:
" (Explain)
w, _ __
E Nancy Anderson Re Answer to questions posed tonight on 2 a m closing on liquor�establishments m ____ m __ _ Page 1,
From: Nancy Anderson
To: Cervantes, Manuel
Date: 6/5l03 10:52AM
Subject: Re: Answer to questions posed tonight on 2 a.m. closing on liquor establishments
When 1 verified the date with the City Council, they indicated that theywould like your response (as well as
Chief Finney) at the third reading/public hearing, which will be held on June 25th.
Yes, I will also advise Chief Finney.
Thank you.
»> Manuel Cervantes 06/04/03 05:22PM »>
if i understood correctly, our office will be answering the council member questions at the meeting on
June 18th, right? Would you please advise the police chief that the council would like him, or his
designee, to report on Blakey's question on "What impact, if any, will the additional hour have on the city's
law enforcement capabilities?"
ti . _.�
� Nancy Anderson City Councd Request Page 1_`,
From: NancyAnderson
To: Finney, Bill; Steenberg, Angie
Date: 6/6/03 525PM
Subject: City Council Request.
Chief Finney - FYI:
At the June 4, 2003, City Council Meeting, the Council requested that you provide a report to them on the
impact, if any, on the 2:00 a.m. bar closing will have on the City's law enforcement. The Council
requested that this report be provided to them at their June 25. 2003, Citv Council Meetinq (5:30 p.m.
ortion . The following legislation will be considered at the June 25th Meeting, which will be a public
hearing:
C.F. 03-554 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to permit the sale of
alcohol until 2:00 a.m. by those establishments which have obtained a permit from the State of Minnesota.
(Please see their request on attached City Council Action Minutes - Page 11)
Thank you,
Nancy Anderson
Assistant Secretary to the City Council
Room 310, City Hall
St. Paul, MN 55102
(651) 266-8564
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Interdepartmental Memorandum
CITY OF SAINT PAUL
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TO:
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SUBJECT:
DATE:
Council President Dan Bostrom, 320 B City Hall
Councilmember Jezry Blakey, 310A City Hall
Councilmember Chris Coleman, Room 310B City Hall
Councilmember Pat Harris, Room 310C City Hall
Councilmember Jay Benanav, Room 310D City Hall
Councilmember 7im Reiter, Room 320A City Hall
Councilmember Kathy Lantry, Room 320C City Hall
Chief William K. Finn�'. J
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2: DO AM Bar Closing
June 20, 2003
23
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At the June 4`" City Council meeting, the Council asked me to prepare a report regarding the
proposed bar closing time of 2:00 AM and its impact on law enforcement in Saint Paul.
None of my district commanders haue reported that the later bar closing tnne will have a ma}or
impact on their operations. All have "late start" officers who will be auailable to cover the later
closing times. Ail districts wili have the flexibility to adjust their traffic caz (afternoon) starting
times to deal with any problems that may arise. Tlus is simply a matter of readjusting resotuces.
Patrons of drinking establishments who cause problems at 1:00 AM wili probably cause problems
at 2:00 AM. The police department will provide the appropriate resources at whatever time the
bars close. It is also possible that the e�tra hour will spread out the depariure of the bar crowd
instead of having everyone leave en masse at 1:00 AM. The later closing time will provide
additionai convention business and economic development for the hospitality and convention
industries. I am happy to keep my officers busy at any time of the night or day.
My recommendation is to amend Chapter 409 of the Legislative Code to pemut the sale of
alcohoi until 2:00 AM by those establishments which have obtained a permit from the State of
Minnesota.
cc: Mayor Randy Kelly
Deputy Mayor Dennis Flaherty
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�'AINT �AUL �cea
CHAMBER OF COMMERCE
401 �orth Robert Street
s�;re i;o
Saint Paul, Minnesota ii101
Phour. 6i1.2235000
Fas: G51123�ill9
Suburban Services Center
3262 Rice Sueet
Liclle Canada, Minnesota >5126
Fhone: 6j11j6.4770
F�: G51.25G.4771
YOUR
BUSINESS
June 25, 2003
Councilmember Pat Harris
Room 310-C
City Hall
Saint Paul, MN SSi02
Deaz Councilmember Harris:
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I urge you to support the 2 a.m. bar closing time for the City of Saint Paul at the
council meeting this evening.
The Saint Paui Area Chamber of Commerce supports policy that helps businesses
in Yhe Saint PaullEast Metro area be niore competitive by promoting econoxnic
growth throughout the region. In support of that principle, we want to ensure the
hospitality industry in Saint Paul can continue to compete with Minneapolis.
Ensuring a level playing field with the passage of this ordinance would do that.
We ask that you support this ordinance citywide. Many of Saint Paul's most
popular venues are not necessarily in the downtown core proposed for a ca�ve-
out. Places such as O'Gara's, Tom Reid's, Vine Park Brewing Co. and
ShamRock's need to compete for business just like the core downtown venues.
Giving one establishment the privilege of having the choice to stay open an extra
hour for business but not the other, places the city council in the unsavory
position of choosing winners and losers. The better policy is to adopt an
ardinance that fits city wide and allow individual operators to make the choice
for their own business whether or not to stay open until2 a.m. Just like they will
soon be able to do in Minneapolis.
Your support of this ordinance is also important from a more global economic
development perspective. Saint Paul has done a remarkable job over the last few
yeazs repositioning ourselves and creating a vibrancy in our ciry that has resulted
in tremendous activity in the evening hours. This image of vibrancy is important
to our future efforts to attract and retain businesses and jobs in our city. Saint
Paul cannot be seeu as Yhe sleepy city to the East.
Again, I urge your support of the 2 a.m. bar closing time to be adopted citywide.
Sincer�ly,
t7" ��
Larry Dowell
President
ADVOCATE c � a a� � g� � � i � �n � r� � � �° � � s� �rs
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We oppose the extension of Bar Closing until2am. It will cause more police calls, more
drunk driving and more problems with residential neighbozs.
But if it is going to pass procedures should be placed on the establishments that choose to
extend their license to mitigate some of the problems that will occur.
Extending baz hours will cause more police calls, cause more disturbance even later in
the night, therefore License holders should take responsibility for the privilege of later
bar hours.
Establishments that are within 300 feet of residential property should have securiry
outside (not inside) all their exits after midnight. The security should enforce
noise, loitering and other disorderly conduct issues. Bar owners are already
supposed to be responsible for the orderly arrival and departure of their patrons,
but are rarely held responsible for this. Security outside is a way for late night
issues to be addressed immediately.
At the state legislature, the proponents stated that the laCer bar time will a11ow the
orderly departure of patron over the 1— 2 am serving hour. In this light of this,
any new ordinance should reflect that establishments should be closed at 2am, and
not allow to linger until later hours
We respectfuliy request that you do not extend bar hours until2 am, but if you do, please
take precaurionary action to prevent undue problems in the community. We Iso ask that
you write cleu penalties so that any new ordinance can be enforced.
Sign Printed Nam Address Phone
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We oppose the extension of Bar Closing until2am. It will cause more police calls, more
drunk driving and more problems with residenrial neighbors.
But if it is going to pass procedures should be placed on the establishments that choose to
extend their license to miugate some of the problems that will occur.
Extending bar hours wiil cause more police calls, cause more disturbance even later in
the night, therefore License holders should take responsibility for the privilege of later
baz hours.
Establishments that are within 300 feet of residential property should have security
outside (not inside) all their exits after midnight. The security should enforce
noise, loitering and other disorderly conduct issues. Bar owners are already
supposed to be responsible for the orderly arrival and departure of their patrons,
but are rarely held responsible for this. Security outside is a way for late night
issues to be addressed immediately.
At the state legislature, the proponents stated that the later baz time will allow the
orderly departure of patron over the 1— 2 am serving hour. In this light of this,
any new ordinance should reflect that establishments should be closed at 2am, and
not allow to linger until later hours
We respectfully request that you do not extend baz hours until2 am, but if you do, please
take precautionary action to prevent undue probiems in the community. We lso ask that
you write clear penalties so that any new ordinance can be enforced.
Signature..........Printed Name Address Phone
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We oppose the extension of Bar Closing unril 2am. It wIll cause more police calls, more drunk driving and
more problems with residenrial neighbors.
Sut if it is going to pass procedures shouid be placed on the establishments that choose to extend the"u
license to mitigate some of the problems that will occur.
Extending bar hours will cause more police calls, cause more disturbance even later in the night, therefore
License holders should take responsibility for the privilege of later baz hours.
Establishments that aze within 300 feet of resiflential property should have security outside (not
inside) all their exits after midnight. The security should enforce noise, loitering and other
disorderly conduct issues. Baz owners aze already supposed to be responsible for the orderly
arrival and departure of their pah�ons, but are rarely held responsible for this. Security outside is a
way for late night issues to be addressed immediately.
At the state legislature, the proponents stated that the later baz time wi11 ailow the orderly departure of
patron over the 1— 2 am serving hour. In this light of this, any new ordinance should reflect that
establishments should be closed at 2am, and not allow to linger untillater hours
We respectfully request that you do not extend baz hours unti12 am, but if you do, please take
precautionary acfion to prevent undue problems in the community. We Iso ask that you write clear
penalves so that any new ordinance can be enforced.
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We oppose the extension of Baz Closing until 2am. It will cause more police calls, more
diunk driving and more problems with residenrial neighbors.
But if it is going to pass procedures should be placed on the establishments that choose to
extend their license to mitigate some of the problems that will occur.
Extending baz hours will cause mare police calls, cause more disturbance even later in
the night, therefore License holders shouid take responsibiliry for the privilege of later
bar hours.
Establishments that are within 300 feet of residential property should have security
outside (not inside) all their exits after midnight. The security should enforce
noise, loitering and other disorderly conduct issues. Bar owners aze already
supposed to be responsibie for the orderly amval and departure of their patrons,
but are razely held responsable for this. Security outside is a way for late night
issues to be addressed immediately.
At the state legislature, the proponents stated that the later bar time will a11ow the
orderly deparlure of paffon over the 1- 2 am serving hour. In this light of this,
any new ordinance should reflect that establishments should be closed at 2am, and
not a11ow to linger untillater ho�s
We respectfully request that you do not extend bar hours until2 am, but if you do, please
take precautionary action to prevent undue problems in the community. We lso ask that
you write clear penalties so that any new ordinance can be enforced.
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We oppose the extension of Bar Closing unril2am. It will cause more police calis, more ckunk driving and
more problems with residential neighbors.
But if it is going to pass procedures should be placed on ffie establishments that choose to extend their
license to mitigate some of the problems that will occuz.
Extending baz hours will cause more police calls, cause more diswrbance even later in ihe night, therefore
L"acense holders should take responsibiSity for the privilege of later baz hours.
Establishments that aze within 300 feet of residenflal property should have security outside (not
inside) all the's exits after midnight. The &ecurity should enforce noise, loitering and other
disorderly conduct issues. Bar owners aze already supposed to be responsible for the orderly
arrival and departure of their patrons, but are razely held responsible foi this. Securiry outside is a
way for late night issues to be addressed immediately.
At the state legislature, the proponents stated tttat the later bar time will allow the orderly departure of
patron over the I— 2 am serving hour. In this light of this, any new ordinance shouid reflect that
establishments shonld be closed at 2am, and not allow ta linger nntil later hours
We respectfully request that you do not extend bar hours unffi 2 am, but if you do, please take
precauuonary action to prevent undue problems in the community. We lso ask that you write clear
penaldes so that any new ordinance can be enforced.
Signature Printed Name Address Phone
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We oppose the extension of Baz Closing until2am. It will cause more police calls, more
drnnk driving and more probiems with residential neighbors.
But if it is going to pass procedures should be placed on the establishments that choose to
extend their license to mitigate some of the problems that will occur.
Extending bar hours will cause more police calls, cause more disturbance even later in
the night, therefore License holders should take responsibilily for the privilege of later
bar hours.
Establishments that aze within 300 feet of residential property should have security
outside (not inside) all their exits after midnight. The security should enforce
noise, loitering and other disorderly conduct issues. Bar owners are already
supposed to be responsible for the orderly arrival and departure of their patrons,
but aze rarely held responsible for this. Security outside is a way for late night
issues to be addressed immediately.
At the state legislature, the proponents stated that the later bar time will a11ow the
orderly departure of patron over the 1— 2 am serving hour. In this light of tkus,
any new ordinance should reflect that establishments should be closed at 2am, and
not aliow to linger untillater hours
We respectfully request that you do not extend bar hours until2 am, but if you do, please
take precaurionary action to prevent undue problems in the community. We iso ask that
you write clear penalties so that any new ordinance can be enforced.
Signature..........Printed Name Address Phone
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PETI'ITON
We, ihe undersigned, advocate that the 2 AM bar closing rime be restricted to estabiishments selling liquor
in the downtown area only. 71ie pzimary' reasan expressed in the Legislature for this local aption was to
make the cities more comperitive for comention business. As conventions aze not held ouuide the
downtown azea we aze of the opinion that the eacpanded hours should only apply to the downtown.
Si�ture Printed Name Address Phone I3umber
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