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03-694Council File # D 3 - (09'� Ordinance # Green Sheet # �l��Z�`' ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee Date : An ordinance amending Chapter 310 of the Saint Paul I.egislarive Code to create a fee for a brewpub/off-sale license THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 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 310.01 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 310.01. Definitions. For the purposes of this chapter, any chapter of the Legislative Code pertaining to licenses as hereinafrer mendoned, and subsequently enacted ordinances establishing or retating to the requirements for Class R, for routinely issued licenses, Class T for temporary licenses and Class N for licenses in which neighbors aze required to be notified, under authority of the City of Saint Paul, the terms defined in this section shall have the meanings ascribed to them: Adverse action means the revocation or suspension of a license, the imposition of conditions upon a license, the deniat of an application for the grant, issuance or renewal of a license, the imposition of a fine, the assessment of the costs of a contested hearing, and any other disciplinary or unfavorable action taken with respect to a license, licensee or applicant for a license. "Adverse action" includes any of the foregoing directed at one (1) or more licenses held by a licensee at any location in the city. "Adverse action" also includes disapproval of licenses issued by the state under statutory provisions which permit the goveming body to disapprove the issuance of the license. Bond means a bond meeting the requirements of section 310.07 and indemnifying the city against all claims, judgments or suits caused by, resulting from or in connection with any licensed business, activity, premises, thing, facility, occurrence or otherwise under these chapters. Building official means the official in the Office of License, Inspections and Environmental Protection charged with the responsibility of enforcement of the building code. Chapters and these chapters shall mean this uniform license ordinance, any chapter of the Legislative Code pertaining to licenses as hereinafter mentioned, and subsequently enacted ordinances establishing or relating to the requirements for Class R, Class T and Class N licenses under authority of the city. Class R licenses means those licenses which can be approved and issued or denied by the director of LIEP, subject to the procedures required by these chapters. The following licenses are so classified, and the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license: 31 PUBUSFtED 4° ' t � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 �x� 03-�9� Class N licenses means those licenses which can be approved or denied only by the council, subject to the procedures required by these chapters. The following licenses are so classified, and the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license: Class N Licenses L.egislative Code Chapter Automobile Repair Gazage and Body Shop 423 Pool Hall, Bowling Center 322 New Motor Vehicie Dealer 401 Bingo 402 Bingo Halls 403 Cabaret 426 Private Clubs - Liquor 409 Dance or Rental Halls 405 Fireactns Dealer 225 Gambling Hall 278 Game Rooms 406 Gas Station 424 Gambling Location 409 HoteUMotel 407 Health/Sports Club 427 Infectious Waste Processing 429 3 0 10 11 12 13 14 15 16 17 18 19 20 21 22 0 3 - /� Recycling Collecuon Center/Recycling 408 Processin Center Second Hand Dealer—Motor Vehicle Parts 401 Motor Vehicle Salvage Dealer 422 Intoxicating Liquor—On and Off Sale 409 Brewpub/Off-Sale 409 Motorcycle Dealer 401 Pawn Shop 344 Nonintoxicating Liquor-On and Off Sale 410 Entertainment 411 Conversation/Itap Parlors 413 Steam RoomBathouse 428 Theatres and Movie Theaters 415 Motion Picture Drive-In Theatres 416 Second Hand Dealer--Motor Vehicle 401 Parking Lots and Parking Gazages 417 Tattoo Parlors 367 Scrap and Metal Processor 420 Gambling Manager 409 Liquor Extension of Service Hours 409 Liquor Outdoor Service Area (Patio) 409 Currency Exchange 381 �� 03- �9� � Director means the Director of the Office of License, Inspections and Environmental Protection, unless otherwise defined in the specific chapter, section or subdivision referred to. 5 Division means the OfFice of License, Inspections and Environmental Protection as the successor 6 to the former division. 8 Fee means and includes both the license fee and application fee unless otherwise provided. 9 10 Inspector as used in these chapters means the Director of the Office of License, Inspections and 11 Environmental Protection or his or her designee. 12 13 14 License means and includes all iicenses and pernuts provided for or covered by these chapters. License also indudes licenses issued by the state under statutory provisions which permit the governing body to disapprove the issuance of such licenses, for the purposes of making procedures in Chapter 310 of the L.egislative Code applicable to the approval or disapproval of such licenses. Person means and includes any person, firm, corporation, partnership, company, organization, agency, club or any group or association thereof. It shall also include any executor, administrator, trustee, receiver or other representative appointed by law. Zoning administrator means the official in the Office of LIEP charged with responsibility for enforcement of the zoning code. Section 2 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Ci9 50 51 Section 310.18 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec.310.18. Licensefee schedule. Notwithstanding the provision of any other ordinance or law to the contrary, the foliowing fees are hereby provided for all the licenses listed herein. These fees supersede all inconsistent provisions, including, but not limited to, graduated fee provisions, in these chapters and in other ordinances and laws, and include the fee for the license application as part of the license fee; provided, however, that this section does not amend or modify sections 310.09(a) or 310.09(d) of the Legislative Code with respect to exempt organizations or late fees. Pursuant to section 310.09(b) of the Legislative Code, these schedules shall be posted in the office of the director of the office of license, inspections and environmental protection. These fees shall be effective for license renewals and new license applications occurring on and after January 1, 1995, or on the effective date of this section, whichever is later; provided, however, that with respect to all licenses whose renewal dates occur after the effective date of this new schedule, there shall be no increases in, nor offsets or refunds of, the existing fees paid, or due and owing. *�::� (e) ENFORCEMENT LEVEL 5 Chapter/Section No. License Description Fee 409.05(i) Intoxicating Liquor-fee waived 0.00 for overnmentagencies 2 0 � 10 11 12 13 14 15 16 17 18 19 20 21 22 0 3- ��y� 409.01(c) Liquor Catering 150.00 Pemut--Annua] 409.05(b) Liquor Catering 46.00 Permit--tem orary 409.05(b) On-Sale--Over 200 seats 5,050.00 409.05(b) On-Sale-Over 100 seats 4,650.00 409.05(b) On-Sale--100 seats or less 4,200.00 409.05(b) On-Sale--Theater 1,500.00 409.25(b) Temporary Liquor 46.00 409.05(� On-sale Club--Under 200 297.00 members 409.05(fl On-sale Club-201--500 497.00 members 409.05(fl On-sale Club--501--1,000 647.00 members 409.05(fl On-sale Club--1,001--2,000 797.00 members 409.05(fl On-sale Club--2,001--4,000 997.00 members 409.05(fl On-sale Club--4,001--6,000 1,997.00 members 409.05(fl On-saleClub--6,OOO+members 2,997.00 409.05(h) Additional family members 50.00 409.02 Brewvub/Off-Sale 160.00 409.05 Off-Sale 1,000.00 409.07(b)(2) Sunday On-Sale 200.00 409.11(b), Extension of Service 53.00 410.07(a)(8) Area--tem orary 409.15(b) Wine On-Sale 1,385.00 409.25 Temporary Wine 46.00 n�- �9� � Z 3 4 5 6 7 8 9 10 409.15(d) On-Sale Malt(Strong) 445.00 410.02 On-Sale Malt (3.2) 445.00 410.02, On-Sale Malt—fee waived for 0.00 410.11 munici al olf courses 410.02 Off-Sale Malt 160.00 410.10(a) Temporary Malt 46.00 411.03 Entertainment--Class A 217.00 411.03 Entertainment--Class B 527.00 411.03 Entertainment--Class C 2,500.00 411.05 Entertainment Temporary 27.00 11 12 13 Section 3 14 15 This ordinance shall take effect and be in force thirty (30) days following its passage, approval 16 and publication. 17 18 `•` IK . � Green Sheet Green Sheet 03- �9� Green Sheet Green Sheet Green Sheet Green Sheet � Depar6nenUofficelcouncil: Date Initiated: � -L���o��n�t 09-JUL-03 Green Sheet NO: 3002440 Contact Person 8 Phone• Deoartment SeM To Person InitiaUDate VrginiaPalmer � 0 icense/Ins tion/Euviron 266-8710 pssign 1 i Attom Must Be on Couneil Agenda by (Date): Number 2 icens s ectiodEnvirou Pro For Routing 3 or's Office Order 4 ouncil 5 a or's �ce 7otal # of Signature Pages _(Clip Ail Locations for Signature) Action Requested: Approval of an ordinance amending Chapter 310 of the Saint Paul Legislarive Code to create a fee for a brewpub/off-sale license Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission t. Has this person/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commissiort 2. Has ihis person/firm ever been a city employee? � Yes No ' 3. Does this person/firm possess a skill not normally possessed by any � - curtent city employee? � Yes No Explain ali yes answers on separate sheet and attach to green sheet � Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): . State law now allows brewpubs to sell off-sale in limited amounts. This Ordinance establishes the fee for a license for brew pubs to sell small amounts of off=sale beer. Advantages If Approved: , � Saint Paul will now conform with State Law. In addi6on, Saint Paul's brew pubs will be compeutive with other brew pubs in the State. DisadvantapeslfApproved: � - None. DisadvantageslfNotApproved: Saint Paul's brewpubs will be at a competitive disadvantage. Total Amount of Cost/Revenue Budgeted: Trensaction: . Fundinq Source: Activity Number: �'��` ������'�� �@�'�� Financial Information: 'I q q � 9qgqg � (Explain) �y� Y 1 L181l�