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03-693Council File # �� � � /� Ordinance # Green Sheet # �b�d'T D' ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee Date : An ordinance amending Chapter 409 to create a license to allow a brewpub to sell at off-sale as pemutted by state law THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Section 409.02 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 409.02. Definitions. section: As used in this chapter, the following terms shall have the meanings ascribed to them in this Catering permit shall mean that pernrit provided for in Minnesota Statutes, Section 340A.404, subdivision 12. 30 Club shall mean a corporation organized under the laws of the state for civic, fraternal, social or business purposes or for intellectual improvement or promotion of sports which has more than fifty (50) members and for more than a yeaz owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, ofFcers, agents or employees are paid, directly or indirectly, any compensation by way of profit from the distribution or sale of beverages to the members of the club or to its guests beyond the amount of such reasonable salary or wage as may be fixed and voted each year by the directors or other governing body. A club shall also, in order to be licensed, meet the provisions of Minnesota Statutes, Section 340A.404, subdivision 1(4), which requires that the organization shall have been in existence for at least three (3) years, and liquor sales will be only to members and bona fide guests. The above term will include private clubs licensed under former Chapter 404 of this Code, so long as they meet the above requirements upon application for an on-sale license. Downtown business district shall meant that portion of the City of Saint Paul lying within and bounded by the following streets: Beginning at the intersection of Shepazd Road with Chestnut Street, Chesmut Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Street, Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road to Wabasha Bridge, Wabasha Bridge across the Mississippi River to the water line on the south bank of the river, thence in a westerly direction along the shore line to the point at which it intersects with "Line A," and then in a straight line across the Mississippi River to the intersection of Chestnut Street with Shepazd Road. The location and legal description of "Line A" is indicated on the map attached hereto, and incorporated and adopted herein by reference. � �,` �' � 1 Sale and se]] shall mean and include all barters and all manner or means of furnishing 2 intoxicating liquor or liquors in violation or evasion of law. 3 4 Section 2 5 6 Section 409.08 of the Saint Paul I.egislative Code is hereby amended to read as follows: 7 8 Sec. 409.08. Regulations generally. 9 03 - �93 10 All licensees hereunder aze hereby required to observe the following regulations; provided, 11 however that any such regulation which specifically refers to an on-sale licensee shall not bind an off- 12 sale licensee, nor shall any regulation which specificaily refers to an off-sale licensee bind an on-sale 13 licensee: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 S1 52 53 54 55 56 57 (1) (2) (3) All sales shall be made in full view of the public. A"minor," as used herein, is any person under the age of twenty-one (21) yeazs. a. No licensee, or agent or employee thereof, shall serve or dispense upon the licensed premises any intoxicating liquor to any minor; nor shall such licensee, agent or employee pemut any minor to be furnished with or to consume any such liquor on the licensed premises; nor shall such licensee, agent or employee pernut any minor to be delivered any such liquor. b. No minor shall misrepresent his or her age for the purpose of obtaining intoxicating liquor nor shall he or she enter any premises licensed for the retail sale of intoxicating liquor for the purpose of purchasing or having served or delivered to him or her for consumption of any such intoxicating liquor or beer nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him or her any intoxicating liquor or beer. c. No minor shall induce any person to purchase, procure or obtain intoxicating liquor for him or her. d. Proof of age for purposes of consuming, purchasing or possessing an alcoholic beverage, the consumption, sale or possession of which is regulated by age, may only be established by a valid driver's license or a Minnesota Identification Card issued pursuant to Minnesota Stamtes, Section 171.07, or, in the case of a foreign national, by a valid passport. No sale shall be made in any place or in part of a building where such sales aze prohibited by state law or this chapter. (4) No person under eighteen (18) years of age may be employed in a place where intoxicating liquor is sold for consumption on the premises, except persons under eighteen (18) years of age may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell intoxicating liquor and may be employed as waiters or waitresses at a restaurant, hotel or motel where only wine is sold; provided, that the person under the age of eighteen (18) may not serve or sell any wine. (5) Every licensee is hereby made responsible for the conduct of his place of business and required to maintain order and sobriety in such place of business. (6) No licensee shall keep, possess or operate, or pernut the keeping, possession or operation of, on any licensed premises or in any room adjoining the licensed premises any slot machine, dice or any gambling device or apparatus, nor pemut any gambling therein (whether or not licensed by the state), nor pemut the licensed premises or any room in b3 - �93 1 the same or in any adjoining building directly or indirectly under his or her control to be 2 used as a resort for prostitutes or other disorderly persons, except that pulltabs, tipboazds, 3 paddlewheels and raffle tickets may be sold on licensed premises when such activity is 4 licensed by the state pursuant to Minnesota Statutes, Chapter 349, and conducted 5 pursuant to regulations contained in this I,egislative Code. Notwithstanding the 6 foregoing, a licensee may permit, for specific functions or events, up to five (5) times per 7 calendaz year, for which written notice is given to the Office of License, Inspections and 8 Environmental Protection at least forty�ight (48) hours in advance, the use of slot 9 machines, dice and gambling devices on the licensed premises if (a) their presence or use 10 on the licensed premises dces not violate state or federal law, (b) their use is solely for 11 social, recreational or amusement purposes, and not for fundraising of any kind or for 12 any cause or purpose, and (c) no gambling other than lawful charitable gambling takes 13 place on the licensed premises. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Notwithstanding other provisions of this I,egislative Code to the contrary, the council may pemut an on-sale licensee to pemut the holding of a single event, such as a banquet, that includes the sale of raffle tickets as a part of the event activity; provided, that such events aze sepazate from the public areas of the licensed establishment, not open to the general public, and the raffle conducted by a charitable organization licensed by the State of Minnesota. (7) No dancing wherein the public participates, and no dancing, singing or other vaudeville exhibitions or entertainment shall be pemutted on the premises of any on-sale licensee unless such premises aze duly licensed for entertainment. Each on-sale licensee shall be responsible for all entertainment of any kind that is provided on the licensed premises, and by others on property in the same building as the licensed premises which the on- sale licensee owns or has the right to control, when such property has been leased or otherwise made available to another (hereafter, "rental property"). Each such on-sale licensee shall take reasonable and adequate steps to prevent entertainment and other activities on the rental property from violating any provision of law including, but not limited to, the noise regulations in Chapter 293 of the Legislative Code, and to prevent the conduct of persons present at or leaving the rental property from causing a nuisance in the community in the immediate azea of the rental property. Such steps may include written lease agreements, conditions in each lease agreement for the rental property which require the provision of security guards, the limitation of the hours during which entertainment may take place, the termination of entertainment upon the receipt of two (2) or more noise complaints by the police, and consent for inspection of the rental property by the police or license division at times when the rental property is in use. Notwithstanding such steps, the on-sale licensee shall be subject to adverse action for entertainment and other activities taking place on the rental property or on the licensed premises which violate the provision of any law or ordinance, or which constitute a nuisance. (8) (9) The license issued to said licensee shall be posted in a conspicuous place in that portion of the premises for which the license has been issued. No person shall remain in or loiter in the parking lot of an on-sale licensee after the lawful closing hour. (10) When a licensee is notified by the police department thaT a parade will be held within one (1) block of the licensee's establishment, a11 beer and all intoxicating liquor or liquid of any type sold during the entire day of said parade shall be sold only in plastic or paper containers. In addition, upon receiving such notice, the licensee shall place a person at each entrance and each exit of the establishment at least one (1) hour prior to the time of parade, and the licensee shall require a person to remain at those locations until one (1) hour after the parade, to ensure that pah do not enter or exit with beer or intoxicating liquor. D3 -�93 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Exclusive liquor store shali mean an establishment used only for off sale and on sale sales of intoxicating liquor, except that, upon obtaining proper state or city licenses for such sales, cigazs, cigazettes, all forms of tobacco and nonintoxicating malt beverages and soft drinks may also be sold in said exclusive liquor store at retail; provided, further, that such nonintoxicating malt beverages and soft drinks, when soid pursuant to an off sale liquor license, shall be sold for consumption off the premises only. General food store shall mean any place of business carrying a stock of food supplies and primarily engaged in selling food and grocery supplies to the public. Hotel shali mean an establishment with resident proprietor or manager, where, for payment, food and lodging are regulazly furnished to transients, and which maintains, for use of its guests, no fewer than fifty (50) guest rooms with bedding and other suitable and necessary fumishings in each room, and which has a main entrance with suitable lobby, desk and office for the registration of guests on the ground floor and which empioys an adequate staff to provide suitable and usual service, and which maintains, under the same management and control as the rest of the establishment and as an integral part thereof, a dining room with appropriate facilities for seating not less than thirty (30) guests at one (1) time, where the genera] public is, in consideration of payment, served with meals at tables, whose gross receipts from the sales of food and liquor are at least sixty (60) percent attributable to the sale of food during each and every calendaz month, and having a full service kitchen and a menu, offering meals and full menu service on a daily basis to at least 11:00 p.m. or to the closing time of the entire establishment. A full service kitchen shall meet the definition of full service kitchen under the definition of restaurant below. Intoxicating liquor or liquor shall mean and include ethyl alcohol, and any distilled, fermented, spirituous, vinous or malt liquid of any kind potable as a beverage, which contains an alcoholic content in excess of three and two-tenths (3.2) percent thereof by weight or four (4) percent by volume. Medicines shall mean and inciude only such potable liquids as prescribed by licensed physicians and dentists for therapeutic purposes and United States Pharmacopoeia and National Formulary preparations and preparations used for the mitigation of disease for external and internal purposes which are usually sold in drug stores and intended for therapeutic purposes and not for beverage purposes. Off-sale shall mean the sale of liquor in original packages in retail stores for consumption off or away from the premises where sold. Off-sale/brew nub shall mean a brewer licensed under Minn. Stat. S340A.301, subd. 6(d) who sells malt liauor uroduced and packaged on the licensed premises for consumption off or awav from the premises. On-sale shall mean the sale of liquor by the glass for consumption on the premises only. Package or original package shall mean and include any container or receptacle holding liquor, which container or receptacle is corked or sealed. Person shall include individuals, corporations, partnerships and associations. Restaurant shall mean an establishment other than a hotel, whose food and liquor services aze under the control of a single proprietor or manager, having appropriate facilities for the serving of ineals for no fewer than fifty (50) guests at one (1) time, having a full service kitchen and a menu, offering meals and full menu service on a daily basis to at least 11:00 p.m. or to the closing time of the entire establishment, and whose gross receipts aze at least sixty (60) percent attributable to the sale of food during each and every calendar month. A full service kitchen for the purpose of this chapter shall include at the least a cooking line with mechanical ventilation, having two (2) or more ovens and ranges; food prepazation areas having sinks, cutting boards, and facilities and equipment for the preparation, holding at safe temperatures, and processing of food on site; refrigerators and/or coolers for the safe storage of food; and mechanical dishwashing facilities and equipment; all of the foregoing meeting the requirements of Chapter 331 of the Legislative Code and NSF International standards. 03 - b93 1 (11) When an existing building is converted to on-sale intoxicating liquor purposes, existing 2 off-street parking facilities which serve the building shall be provided with a visual 3 screen where the pazking facility adjoins or abuts across an alley any residential use or 4 residential zoning district. The screen shall be between four and one-half (4'/z) and six 5 and one-half (6 �/z) feet in height and of sufficient density to visually separate the pazking 6 facility from the adjacent residential use district. The screen may consist of vazious fence 7 materials, earth berms, plant materials or a combination thereo£ Access by patrons to the 8 parking facility from an adjacent alley should generally be prohibited. 9 10 (12) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 (13) (14) No person shall give, seil, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. No person shall mix or prepaze intoxicating liquor for consumption, or consume it, in any public place not licensed in accordance with this Code and the State of Minnesota. I3o intoxicating liquor shall be sold or consumed on a public highway or in an automobile. (15) Each on-sale licensee shall have the responsibility of taking reasonable and adequate steps to prevent persons from leaving the licensed premises with a bottle, can or glass containing any alcoholic beverage, and the failure to do so may subject such licensee to adverse action against his or her license. (16) No person, group or association applying for or holding a license under this chapter shall restrict membership in its club or organization, or restrict access to the licensed premises or any facilities of such person, group or association, on the basis of race, creed, religion, sex, national origin or ancestry, age, disability, marital status or status with respect to public assistance. This provision shall not apply to any religious corporation, association or society with respect to membership or access based on religion, where religion is a bona fide qualification for membership or access. A violation of the foregoing shall constitute sufficient grounds for adverse action against the license or license application, including revocation or denial of the license. 17 An off-sale/brewpub mav onlv sell at off-sale during leeal hours for off-sale at exclusive liquor stores, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closin� time at exclusive liquor stores. �Z An oFf-sale/brew pub must package the malt liquor in 64-ounce containers commonlv known as erowlers, beazine a twist tvpe closure, cork, stopper or plug. At the time of the sale, a nauer or plastic adhesive band, strin or sleeve shall be apolied to the container and extend over the top of the closure, fomung a seal that must be broken upon opening of the strip. The band, strip or seal must bear the name and address of the brewer, and the container must be identified as malt liquor, contain the name of the malt liquor and bear the name and address of the brewer selling the malt liquor and shall be considered intoxicatine liquor unless otherwise labeled in accordance with Minnesota Rules, nart 7515.1100. � The total sales at on-sale or off-sale of a brewer licensed to sell at off-sale mav not exceed 3,500 barrels per vear and off-sales mav not total more than fiftv (50) percent of the brewer's uroduction or 500 barrels, whichever is less. � 2 3 4 Section 3 d 3 - �93 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. Requested by Department of: BY: �?�^�M-0/wrtA/ �"`«/'' Form Approved by City By: Hy: /' � ^ � BY 4 Approved 4ayor: Date � BY� ���� � Mayor for :; v / `', �Ca> i Adopted by Council: Date Adoption Certified by Council Secretary 03- 693 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartrneM/officelcouncil: Date initiated: �p — LicenseRnspecrion/bmironProt 10 Green Sheet NO: 3002481 Contact Person 8 Phone- DepartrneM Sent To Person InitiaVDate Urginia Palmer � 0 iceose/Ins ction/Emiron Ro 266-87�0 Assign 1 ' Attom I Must Be on Council Agenda by (Date): Number 2 iceuse/Ins fion/Eovirm Pr For Routing 3 a or•s Office OMer 4 oancil 5 or's 011ice I Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of an ordinance amending Chapter 409 to create a license Yo allow a brewpub to sell off-sale as permitted by state law. Recommendation,s: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm everworked under a contrad for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3� Does this personffirm possess a skill not normaliy possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet InitiAfing Problem, Issues, Opportunity (Who, What, When, Where, Why): Last Session the Minnesota Legislature passed a law, wlrich was signed by the Govemor, allowing brew pubs to sell small amounu of off-sale beer. This Ordinance allows Saint Paul brew pubs to sell sma11 amounts off-sale. Advantages If Approved: Saint Paul will now conform with State Law. In addition, Saint Panl's brew pubs wiil be competitive with other brew pubs in the state. i DisadvanWges If Approved: None. Disadvantages If Not Approved: � Saint Paul's brew pubs will be at a competirive disadvantage with other brew pubs in the suburbs and state in general. Total Amount of CosURevenue Budgeted: Transaction: �9� G?cace�p�;�,y �ery}tai" Fundinp Source: ActivitV Number: Financial Information: ��� 2 � � (Explain) . Council File # �3 ' (G�� Ordinance # Green Sheet # �b�a'�' ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee Date : 30 An ordinance amending Chapter 409 to create a license to allow a brewpub to sell at off-sale as pernutted by state law THE COUNCIL OF THE CTTY OF SAINT PAUL DOES ORDAIN: Section 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Section 409.02 of the Saint Pau] Legislative Code is hereby amended to read as follows: Sec. 409.02. Definitions. As used in this chapter, the following terms shall have the meanings ascribed to them in this section: Catering permit shall mean that permit provided for in Minnesota Statutes, Section 340A.404, subdivision 12. Club shall mean a corporation organized under the laws of the state for civic, fraternal, social or business piuposes ar fot intellectual improvement or promotion of sports which has more than fifty (50) members and for more than a yeaz owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid, directly or ind'uectly, any compensation by way of profit from the distribution or sale of beverages to the members of the club or to its guests beyond the amount of such reasonable salary or wage as may be fixed and voted each year by the directors or other governing body. A club shall also, in order to be licensed, meet the provisions of Minnesota Statutes, Section 340A.404, subdivision 1(4), which requires that the organization shall have been in existence for at least three (3) yeazs, and liquor sales will be only to members and bona fide guests. The above term will include private clubs licensed under former Chapter 404 of this Code, so long as they meet the above requirements upon application for an on-sale license. Downtown business district shall meant that portion of the City of Saint Pau] lying within and bounded by the following streets: Beginning at the intersection of Shepud Road with Chestnut Street, Chestnut Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Street, Tenth Sveet to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road to Wabasha Sridge, Wabasha Bridge across the Mississippi River to the water line on the south bank of the river, thence in a westerly direction along the shore line to the point at which it intersects with "Line A," and then in a straight line across the Mississippi River to the intersecuon of Chestnut Street with Shepard Road. The location and legal description of "Line A" is indicated on the map attached hereto, and incorporated and adopted herein by reference. ,�, .� ' ��. � 03 - �93 38 39 40 41 42 43 4�1 45 46 47 48 49 5� 51 52 53 54 55 56 57 the same or in any adjoining building directly or indirectly under his oz her conffol to be used as a resort for prostitutes or other disorderly persons, except that pulltabs, tipboazds, paddlewheels and raffle tickets may be sold on licensed premises when such activity is licensed by the state pursuant to Minnesota Stamtes, Chapter 349, and conducted pursuant to regulations contained in this Legislative Code. Notwithstanding the foregoing, a licensee may pernut, for specific functions or events, up to five (5) times per calendaz yeaz, for which written notice is given to the Office of License, Inspections and Enduonmental Protection at least forty-eight (48) hours in advance, the use of slot machines, dice and gambling devices on the licensed premises if (a) their presence or use on the licensed premises dces not violate state or federal law, (b) their use is solely for social, recreational or amusement purposes, and not for fundraising of any kind or for any cause or purpose, and (c) no gambling other than lawful charitable gambling takes place on the licensed premises. Notwithstanding other provisions of this Legislative Code to the contrary, the council may penmit an on-sale licensee to permit the holding of a single event, such as a banquet, that includes the sale of raffle tickets as a part of the event activity; provided, that such events are separate from the public azeas of the licensed establishment, not open to the general public, and the raffle conducted by a charitable organization licensed by the 5tate of Minnesota. (7) No dancing wherein the public participates, and no dancing, singing or other vaudeville e�chibitions or entertainment shall be pernutted on the premises of any on-sale licensee unless such premises are duly licensed for entertainment. Each on-sale licensee shall be responsible for all entertainment of any kind that is provided on the licensed premises, and by others on property in the same building as the licensed premises which the on- sale licensee owns or has the right to control, when such property has been leased or otherwise made available to another (hereafrer, "rental property"). Each such on-sale licensee shall take reasonable and adequate steps to prevent entertainment and other activities on the rental property from violating any provision of law including, but not limited to, the noise regulauons in Chapter 293 of the Legislative Code, and to prevent the conduct of persons present at or leaving the rental property from causing a nuisance in the community in the immediate azea of the rental property. Such steps may include written lease agreements, conditions in each lease agreement for the rental property which require the provision of security guards, the ]imitation of the hours during which entertainment may take place, the ternunation of entertainment upon the receipt of two (2) or more noise complaints by the police, and consent for inspection of the renta] property by the police or license division at times when the rental property is in use. Notwithstanding such steps, the on-sale licensee shall be subject to adverse action for entertainment and other activities taking place on the rental property or on the licensed premises which violate the provision of any law or ordinance, or which constitute a nuisance. � (9) The license issued to said licensee shall be posted in a conspicuous place in that portion of the presnises for which the license has been issued. No person shall remain in or loiter in the parking lot of an on-sale licensee after the lawful closing hour. (10) When a licensee is notified by the police department that a pazade will be held within one (1) block of the licensee's establishment, all beer and all intoxicating liquor or liquid of any type sold during the entire day of said pazade shall be sold only in plastic or paper containers. In addition, upon receiving such notice, the licensee sha11 place a person at each entrance and each exit of the establishment at least one (1) hour prior to the time of parade, and the licensee shall require a person to remain at those locations until one (1) hour after the parade, to ensure that patrons do not enter or exit with beer or intoxicating ]iquor. 1 Sale and sell shall mean and include all barters and all manner or means of fumishing 2 intoacicating liquor or liquors in violation or evasion of law. 3 4 Section 2 6 Secuon 409.08 of the Saint Paul I,egislative Code is hereby amended to read as follows: 7 8 Sec. 409.08. Regulations generally. 9 03 - �93 10 A11 licensees hereunder aze hereby required to observe the following regulations; provided, 11 however that any such regulation which specifically refers to an on-sale licensee shall not bind an off- 12 sale licensee, nor shall any regulation wtuch specifically refers to an ofF sale licensee bind an on-sale 13 licensee: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (1) (2) (3) All sales shall be made in full view of the public. A"minor;' as used herein, is any person under the age of twenty-one (21) yeazs. a. No licensee, or agent or employee thereof, shall serve or dispense upon the licensed premises any intoxicating liquor to any minor; nor shall such licensee, agent or employee pemut any minor to be furnished with or to consume any such liquor on the licensed premises; nor shall such licensee, agent or employee permit any minor to be delivered any such liquor. b. No minor shall misrepresent his or her age for the purpose of obtaining intoxicating liquor nor stiall he or she enter any premises Licensed for the retail sale of intoxicating liquor for the purpose of purchasing or having served or delivered to him or her for consumption of any such intoxicating liquor or beer nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him or her any intoxicating liquor or beer. c. No minorshallinduce any person to purchase, procure or obtain intoxicating liquor for him or her. d. Proof of age for purposes of consuming, purchasing or possessing an alcoholic beverage, the consumption, sale or possession of which is regulated by age, may only be established by a valid driver's license or a Minnesota Identification Cazd issued pursuant to Minnesota Statutes, Section 171.07, or, in the case of a forelgn national, by a valid passport. No sale shall be made in any place or in part of a building where such sales are prohibited by state law or this chapter. (4) No person under eighteen (18) years of age may be employed in a place where intoxicating liquor is sold for consumption on the premises, except persons under eighteen (18) years of age may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell intoxicating liquor and may be employed as waiters or waitresses at a restaurant, hotel or motel where only wine is sold; provided, that the person under the age of eighteen (18) may not serve or se11 any wine. (S) Every licensee is hereby made responsible for the conduct of his place of business and required to raaintain order and sobriety in such place of business. (6) No licensee shall keep, possess or operate, or permit the keeping, possession or operation of, on any licensed premises or in any room adjoining the licensed premises any slot machine, dice or any gambling device or appazatus, nor permit any gambling therein (whether or not licensed by the state), nor permit the licensed premises or any room in D3 -�g3 1 Exclusive liquor store shall mean an establishment used only for off sale and on sale sales of 2 into�cating liquor, except that, upon obtaining proper state or city licenses for such sales, cigazs, 3 cigazettes, all forms of tobacco and nonintoxicating malt beverages and soft drinks may also be sold in 4 said exclusive liquor store at retail; provided, further, that such nonintoxicating malt beverages and soft 5 drinks, when sold pursuant to an off sale liquor license, shall be sold for consumption off the premises 6 only. 7 8 General food store shall mean any place of business carrying a stock of food supplies and 9 primarily engaged in selling food and grocery supplies to the public. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Hotel shall mean an establishment with resident proprietor or manager, where, for payment, food and lodging are regulazly fiunished to transients, and which maintains, for use of its guests, no fewer than fifty (50) guest rooms with bedding and other suitable and necessary furnishings in each room, and which has a main entrance with suitable lobby, desk and office for the registration of guests on the ground floor and which employs an adequate staff to provide suitable and usual service, and which maintains, under the same management and control as the rest of the establishment and as an integral part thereof, a dining room with appropriaCe facilities for seating not less than thirty (30) guests at one (i) time, where the general public is, in consideration of payment, served with meals at tables, whose gross receipts from the sales of food and liquor are at least sixty (60) percent attributable to the sale of food during each and every calendar month, and having a full service kitchen and a menu, offering meals and full menu service on a daily basis to at least 11:00 p.m. or to the closing time of the entire establishment. A full service kitchen shall meet the definition of full service kitchen under the definition of restaurant below. Intoxicating liquor or liquor shall mean and include ethyl alcohol, and any disulled, fermented, spirituous, vinous or malt liquid of any kind potable as a beverage, which coniains an alcoholic content in excess of three and two-tenths (3.2) percent thereof by weight or four (4) percent by volume. Medicines shall mean and include only such potable liquids as prescribed by licensed physicians and dentists for therapeutic purposes and United States Phannacopoeia and National Formulary preparations and preparations used for the mitigation of disease for external and internal purposes which are usually sold in drug stores and intended for therapeutic purposes and not for beverage purposes. Off-sale shall mean the sale of liquor in original packages in retail stores for consumption off or away from the premises where sold. Off-salelbrew nub shall mean a brewer licensed under Minn. Stat. �340A301. subd. 6(dl who sells malt liauor produced and nackaeed on the licensed nremises for consumotion off or awav from the nremises. On-sale shall mean the sale of liquor by the glass for consumption on the premises only. Package or original package shall mean and include any container or receptacle holding liquor, which container or receptacle is corked or sealed. Person shall include individuals, corporations, partnerships and associations. Restaurant shall mean an establishment other than a hotel, whose food and liquor services are under the control of a singJe proprietor or manager, having appropriate facilities for the serving of ineals for no fewer than fifry (50) guests at one (1) time, having a full service kitchen and a menu, offering meals and full menu service on a daily basis to at least 11:00 p.m. or to the closing time of the entire establishment, and whose gross receipts are at least sixty (60) percent attributable to the sale of food during each and every calendaz month. A full service kitchen for the purpose of this chapter shall include at the least a cooking line with mechanical ventilation, having two (2) or more ovens and ranges; food preparation azeas having sinks, cutting boards, and facilities and equipment for the preparation, holding at safe temperatures, and processing of food on site; refrigerators and/or coolers far the safe storage of food; and mechanical dishwashing facilities and equipment; all of the foregoing meeting the requirements of Chapter 331 of the Legislative Code and NSF International standazds. 03 - �93 1 (11) When an existing building is converted to on-sale intoxicating liquor purposes, exisang 2 off-street garking facilities which serve the building shall be provided with a visual 3 screen where the parking facility adjoins or abuts across an alley any residential use or 4 residential zoning district. The screen shall be between four and one-half (4'/z) and six 5 and one-half (6 %z) feet in height and of su�cient density to visually sepazate the parking 6 facility from the adjacent resident9al use district. The screen may consist of various fence 7 materials, earth berms, plant materials or a combinafion thereof. Access by patrons to the 8 pazking faciliry from an adjacent alley should generally be prohibited. 9 10 (12) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (13) (14) No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. No person shall mix or prepare intoxicating liquor for consumption, or consume it, in any public place not licensed in accordance with this Code and the State of Minnesota. No intoxicating liquor shall be sold or consumed on a public highway or in an automobile. (15) Each on-sale licensee shall have the responsibility of taking reasonable and adequate steps to prevent persons from leaving the licensed premises with a bottle, can or glass containing any alcoholic beverage, and the failure to do so may subject such licensee to adverse action against his or her license. (16) No person, group or association applying for or holding a license under this chapter shall restrict membership in its club or organization, or restrict access to the licensed premises or any facilities of such person, group or association, on the basis of race, creed, religion, sex, nationa] origin or ancestry, age, disability, marital status or stams with respect to public assistance. This provision shall not apply to any religious corporation, association or society with respect to membership or access based on religion, where religion is a bona fide qualification for membership or access. A violation of the foregoing shall constitute sufficient grounds for adverse action against the license or license application, including revocation or deniai of the license. �_ An off-sale/brewnub mav onlv sell at off-sale durin� le�al hours for off-sale at exclusive liquor stores, and the malt lic�uor sold off-sale must be removed from the premises before the annlicable off-sale closingtime at exclusive liauor stores. �� An off-sale/brew nub must packaee the malt lictuor in 64-ounce containers commonlv known as �rowlers, bearina a twist tyne closure, cork, stopper or plue. At the ume of the sale, a naper or nlastic adhesive band, strin or sleeve shall be aunlied to the container and extend over the ton of the closure, fomune a seal that must be broken upon o�eninQ of the strip. The band, strio or seal must beaz the name and address of the brewer. and the container must be identified as malt liauor, contain the name of the malt liauor and bear the name and address of the brewer selline the malt liauor and shall be considered intoxicatine liauor uniess otherwise labeled in accordance with Mlnnesota Rules, nart 7515.1100. 19 The total sales at on-sale or off-sale of a brewer licensed to sell at off-sale mav not exceed 3,500 barrels uer veaz and off-sales mav not total more than fiftv (501 percent of the brewer's oroduction or 500 barrels, whichever is less. � 2 3 4 Section 3 a3 - b93 This ordinance shal] take efFect and be in force thirty (30) days following its passage, approval and publication. Requested by Department of: gy: \� �„�«/'� Form Approved by City By: By: _l�j%i��/f � ^ � gl, c+ Approve$i77y ayor: Date �Il By. ����^ Mayor for ... �, , ', 4r� � � J Adopted by Council: Date� Adoption Certified by Council Secretary � Green Sheet Green Sheet 03 - 693 Green Sheet Green Sheet Green Sfieet Green Sheet � DepartmenUofficelcouncil: ' Date initiated: �p —L��ensei[n�e�on�n�onrmc 10-JUL-03 Green Sheet NO: 3002481 � Contact Person & Phone: �n��ent Sent To Person InitiaVDate I ( Vrginia Paimer � 0 ice ns ctio oviron Pro 266-8710 qu� 1 i Attom Must Be on Council Agenda by (Date): Number 2 ;ce os 'o uviron Pro For Routing 3 or's Office Order 4 ounc'1 I 5 or's Office Total # of Signat�re Pages _(Clip AII Locations for Signature) Action Requested: Approval of an ordinance amending Chapter 409 to create a license to allow a brewpub to sell off-sale as permitted by state law. I Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contrad for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheeY and attach to green sheet InitiOting Problem, lssues, Opportunity (Who, What, When, Where, Why): Last Session the Minnesota Legislature passed a law, which was si8ned by the Governor, allowing brew pubs to sell small amounu of off-sale beer. This Ordinance allows Saint Paul brew pubs to sell smali amounu off-sa1e. Advanqqes If Approved: Saint Paul will now conform with State Law. In addition, Saint Paul's brew pubs will be compefitive with other brew pubs in the state. i DisadvantageslfApproved: . None. Disadvantages If Not Approved: Saint Paul's brew pubs will be at a competi6ve disadvantage with other brew pubs in the suburbs and state in general. Total Amount of CosURevenue Budgeted: Trensaction: (` 4 €�pcp�7^`� �;ssryP�' Fundinq Source: Activiri Number: Financial Infortnation: ��� � � '��° (Explain) .