04-188Council FIle # ��� �� (7
Otdinance #
Green Sheet #� JC�/ v3¢J�
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
�(
2
0
A legisiative ordinance to amend Saint Paul Legislative Code Chapter 409, Intoxicating Liquor,
to facilitate title changes.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
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
Section 409, Intoxicating Liquar, of the Saint Paul Legislative Code is hereby amended to read
as follows:
Sec. 409.05. On- and off-sale licenses; term; fees.
(a) Term. All licenses for the sale of intoxicating liquor shall be for a term of one (1) year
from the date of issuance or renewal, except as provided herein. The date shali be
determined by the inspector and entered upon the license. In 1990 and 1991, the inspector
is hereby authorized and empowered to stagger such license renewal dates
administratively, employing a system for random extension of individual licenses on a
one-time only basis so that the work load of the license and permit administration on such
licenses is spread mare or less equally over a tweive-month period.
(b) License fees, on-sale; semiannuat installments. The fees required for licenses shall be
estabiished by ordinance as specified in section 310.09(b) of the Legislative Code. Said
sum shall be paid in two (2) equal amounts, the first to be paid befare the license is issued
or renewed, the second payment to be made within six (6) months from the date of
issuance or renewal.
(c) On-sale license; replacement after revocation. If, for any reason, the on-sale license in
this chapter provided far is revoked by the council of the City of Saint Paul, no
replacement license shall be issued until the full license fee for the new license due for
the remainder of the license year is first paid; provided, however, that in no event shall a
licensee pay less than the applicable annual license fee together with the applicable
issuance ta�c for a license, or combination of licenses, during a license yeaz.
(d) Increase in on-sale license fee; notice to licensees. The license inspector is hereby
directed to notify in writing via U.S. mail all on-sale licensees of the public hearing date
for council consideration of any amendments to this section increasing the license fees. �
�, '!�� ���;.
1 At said public hearing, the office of ��', o �
2 license. inspecrions and environmentai protection shall present evidence to the council
3 showing the relationship beriveen the proposed fee increase and the costs borne by the
4 city for liquor-related regulating and policing.
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
(e) Late fees. Notwithstanding the provisions of section 310.09, an applicant for renewal of
an on-sale liquor license shall be charged a late fee in an amount of ten (10) percent of the
installment due for such license for each thirty-day period or portion thereof which had
elapsed after the expirarion date of such license or semiannual period, and the late fee
shall not exceed fifty (50) percent of the annual life.
(� Annuallicense fees for clubs and private clubs. The annuallicense fee for a club and a
private club shall be in conformity with Minnesota Statutes, Section 340.408, subdivision
2(b).
(g) License fee, gambling Zocations. The license fee for ]awful gambling locations shall be as
provided in section 310.09(b) of the Legislative Code.
(h) Application with family members. Notwithstanding subsection (a) of this section, where
an existing on-sale intoxicating liquor license holder makes application for a new on-sale
license for the same location together with one (1) or more family members as additional
license holders, the term of the new license shall coincide with the end of the exisring
license and end on the same date. No additional license fee for the new license shall be
paid for the remainder of the term of the existing license, so long as the license fees for
the existing license aze fully paid. The normal license fee must be paid in any case for the
remainder of the term of the existing license. Each additional family member becoming a
license holder shall fill out an application form for purposes of the background
investigation by the license division, and provide such other information as may
reasonably be required by the license division, and shall pay a fee of with the application
in an amount as set forth in secrion 310.18 of the Saint Paul Legislative Code. The term
"family members;' for the purpose of this subsection shall include parents, children,
grandchildren, brothers and sisters, together with the spouses of such pazents, chiidren,
grandchildren, brothers and sisters.
(i) Fee waived for government agencies. The fee for any license under Chapter 409 shall be
waived for any license to and used by a division or department of the city.
Section 2
Section 409, Intoxicating Liquor, of the Saint Paul Legisiative Code is hereby amended to read
as follows:
Sec. 409.11. Transfer of license; change in service area.
(a) Transfer. No on-sale license a anted hereunder shall be iransferable from place to place
(including changes in licensed areas) without the consent of the city council, which
consent shall be evidenced by resolution passed by the city council.
49 (b) Service area, temporary extensions ofservice area (patio). No license granted for a
50 specified part of any particular premises shall permit sales of such liquor on a part of such
51 premises not specified in the license; or in an area adjacent to such licensed premises;
52 provided, however, that the license inspector or his or her designee may waive this
1 limitation and allow a temporary extension of the liquor service area subject to the
2 following criteria herein estabiished by the city council. Failure to make a waiver and/or
3 allow such a temporary �tension is not adverse action and does not require notice and
4 hearing in the event of denial or inaction:
5
6 (1) No such extension shall be for more than a continuous twenty-four-hour period
7 and shail be valid only at times that liquor sales are aliowed by law;
8
9 (2)
10
il
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
4�
48
49
50
51
52
(c)
(3)
No licensee shail receive more than twelve (12) such service extensions in any
calendaz yeaz;
The temporary extended service area can be either indoors ar outdoors, but must
be immediately adjacent to the licensed premises;
(4) All business operations on or in the temporary extended sexvice area shall be in
compliance with all other tequirements of state law and af this chapter, and in
particulaz shall comply with the requirements of Chapter 293 of this Legislative
Code relating to noise;
(5) The temporary extended service area, if outdoors, shall be enclosed by a vertical
fence or partition at least four (4) feet in height which allows control of access to
and from the liquor service and consumption azea;
(6) The licensee shail present with his or her application for permission for a
temporary extension either the written consent or nonobjection of the citizens'
district council whose geographicai azea encompasses the licensed pxemises, or a
petition containing a statement in writing with the signatures of sixty (60) percent
or more of the owners and occupants of private residences, dwellings and
apartment houses located within two hundred (200) feet of such premises stating
that they haue no objecrion to the granting of such temporary extension of service
area. If such consent or nonobjection is refused or if such petition fails, the city
council may by resolution authorize the temporary extension of the service area;
and
o�t- t��
(7) The licensee shall notify, at least ten (10) days in advance of the date of the
proposed temporary extension, all owners and occupants who own properiy or
reside within three hundred (300) feet of the property line wfthin which the
licensed estabiishment is located of the proposed temparary extension of liquor
service. Such notice shall be typewritten and include the location, date and time of
the proposed extension of liquor service. The notice shall specifically state: "If
any person has comments about this proposed temparary extension of liquor
service, they are encouraged to telephone the Mayor and Council Information and
Complaint Office."
Transfers ofstock in corporate licensees; change in offcers.
(1) The transfer of stock in any corporate license shall be deemed a transfer within the
meaning of this section, and no such transfer of stock shall be made without the
consent of the city council.
(2) It is hereby made the duty of the officers of any corporation hoiding a license
issued under the authority of this chapter to notify the city council of any proposed
1 sale or transfer of any stock in such corporation, and no such sale or transfer of
2 stock shall be effective without the consent of the council given in the manner
3 above set forth. The transfer of any stock without the knowledge and consent of
4 the city council shall be deemed sufficient cause for revocarion by the council of
5 any license granted to such coxporation under the authority of this chapter.
6
7 {3) Such corporate officers shall also notify the city councii whenever any change is
8 made in the officers of any such corporation, and the failure to so notify the
9 council shall likewise be sufficient cause for revocation of any liquor license
10 granted to such corporation.
I1
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
(4) Notwithstanding the provisions of this section, publicly owned corporarions
whose stock is traded on the open market may comply with the requirements
pertaining to stock ownership and stock transfer by fiunishing the council with the
names and addresses of all stockholders of record upon each renewal of the
license.
(5) An application for the transfer of such a license shali be made by the transferee
upon forms furnished by the division of license and permit administration of the
office of license, insuections and
environmental rorotection. Prior to the city councii's consideration of said
application, the application shall be read by the city clerk at the next regular
meeting of the city council.
(d) Hearings upon transfers or changes in service area. The council shall schedule a date for
public hearing upon said application for transfer or change in licensed area. At least forty-
five (45) days before a public hearing on a transfer or change in licensed area, the
department shall notify by mail all owners and occupants who own property or reside
witlun three hundred fifty (350) feet of the establishment to which the license is to be
transferred or area changed, and ali community organizations that have previously
registered with said department to be notified of any such application, of the time, place
and the purpose of such hearing, said three hundred fifty (350) feet being calculated and
computed as the distance measured in a straight line from the property line of the building
where intoxicating liquor is sold, consumed or kept for sale to the property line owned,
leased or under the control of the resident. Prior to the hearing date, said deparhnent shall
submit to the council a list of the names and addresses of each person or organization to
whom notice was sent, and certificafion of such list by the department shall be conclusive
evidence of such notice. A transfer or change in licensed area under this section only
becomes effective upon compiiance with this section and consent of the council by
resolution. The failure to give mailed notice to owners ar occupants residing within three
hundred fifty (350) feet, or to community organizations, or defects in the notice, shall not
invalidate the transfer provided a bona fide attempt to comply with this section has been
made. A bona fide attempt is evidenced by a notice addressed to "owner" and to
"occupanY' of the listed address. Only one (1) notice need be mailed to each house or each
rental unit within a multipie-family dwelling regardless of the number of occupants.
(e) Notice requirement not applicable in downtown business district. The notification
requirements of this section shall not be applicable where the license is to be transferred
to a place located within the downtown business district. Far purposes of this section,
downtown business district shall include all that portion of the City of Saint Paul lying
within and bounded by the following streets: Beginning at the intersection of Shepard
Road with Chestnut Street, Chestnut Street to Interstate Preeway 35E, Interstate Freeway
��.-��6
�
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
��
35E to Tenth Street, Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to �� �1� �
Lafayette Bridge, Lafayette Bridge to where the bridge erosses over Warner Road,
Warner Road to the Wabasha Bridge, the 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 wluch 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.
No transfers person to person. Notwithstanding any other provision in the Saint Paul
Legislative Code, no on-sale license shall be transferable from person to person.
(g) PZace to place transfers limited. Nohuithstanding a�y other provision in the Saint Paul
Legislative Code, an on-sale license may be transferable from place to place within one
(1) liquor patrol limit as defined in section 17.07 of the City Charter, and from such
liquor patrol limit to any location in a commercial development district, also as defined in
said sectian of the Charter, so long as the transfer and new location meet all the
requirements of law, ordinance, Code or Charter. An on-sale license may be transferable
from place to place into a liquor patrol limit subject to ail the restrictions and
requirements of section 17.07.2 of the City Charter.
(h) License is a privilege. A license issued under this chapter is a privilege accorded to the
licensee to engage in all the lawful activities permitted thereunder and is neither properiy
nor a property right. Such lacense may not be leased, assigned, pledged, mortgaged or
liened. An agreement providing for management of the licensed business or premises (or
any part thereo fl shall be reduced to writing, executed by the parties thereto and filed
within ten (10) days after its execution in the office of the inspector. Failure to reduce a
management agreement to writing, and failure to file the same with the inspector as
required above, shall each constitute separate grounds for adverse action. The licensee
notwithstanding a management agreement remains fixlly responsible for the licensed
business andfor premises, as well as the conduct of all employees, managers and agents in
accordance with sections 310.17 and 409.14 of the Code.
(i) Addition offamily members to the license. Notwithstanding any other provision of law to
the contrary, the addition of one (1) or more family members as defined in section
409.05(k) of ihe Legislative Code as partners, officers or shareholders in a parinership or
corporation holding a license under this chapter shali not be deemed to be a transfer of the
license or to require the submission of an original application for a license so long as all
the additional family members comply with the provisions of section 409.05(k).
Section 3
Section 409, Intoxicating Liquor, of the Saint Paul Legislative Code is hereby amended to read
as follows:
Sec. 409.20. Commercial development districts.
48 (a) Commercial development districts, as defined in section 17.07.1 of the City Charter, may
49 be created or expanded by the filing in the office of the city cierk of a written petition
50 therefar setting forth the boundaries of the expanded district, and containing the written
51 consent of the owners of two-thirds of the several descriptions of real estate situate within
52 the new or area of the expanded district, together with the written consent of the owners
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2Q
21
22
23
24
25
26
27
28
29
30
31
of two-thirds of the several descriptions of real estate situated within one hundred (100)
feet of the new or expanded dishict, and after the affirmative vote in favor thereof by at
least five (5} members of the city council.
(b) The city council may waive the requirements for consent signatures if the city council
shall deteruiine that a hardship exists therefor, and in such case the council may, on its
own, initiate the process of creating or expanding a commercial development dishict. In
such case, the affimiative vote of at least five (5) members of the city council shall be
required to create or eapand any such district.
(c) In all such cases, the planning commission shall be consulted for advice concerning the
proposals for consistency with the city's comprehensive plan and zoning ordinances, and
the planning commission shall report in writing to the city council its findings and
recommendations.
(d) Upon receipt of the report of the planning commission, the councii's committee
designated to hear license matters shali fix a date for public hearing to consider the
petition or proposal to create or expand a commercial development dish and afford an
opportunity to all affected persons to be heard. The city clerk shall cause notice of the
hearing to be published once in the official newspaper of the city, and mailed notice
thereof shall be given by the office of
license, ins�ections and environmental protection to all owners of land within the new or
area of the expanded district. Published notice and mailed notice shall be made at least
twenty (20) days in advance of the public hearing.
Section 4
That ihis ordinance revision shall take affect and be in farce thirty (30) days after its passage,
approval and publication.
o�-ts�
�--- --
-r,, --
� Green
.�
Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
„ DepartmenUofEicelcounciL• Date Inifiated: �� ��
� MO — Mayo{s0ffice 15-JAN-04 Green Sheet NO: 3010345
CoMact Pereon 8 Phone• Deoartment Serd To Person Initial/Date
` Reyne Rofuth � 0 a or's Otfice
266-8J�0 Assign 1 avor'sO�ce
Must Be on Council qgenda by (Date): Number 2 ouncil
For
Routing
" Order
Total # of Sigoffiure Pages _(Clip A41 Locations for Signature)
� Action Requested:
, Cbanges to Legislarive Ordinance, Chapter 409.
Recommenda6ons: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
� Planning Commission T. Has this person/firtn ever worked under a crontract for this departmeM?
� CIB Committee Yes No
" Civil Service Commission 2. Has tliis person/firm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not nortnally possessed by any
� current ciry employee?
Yes No
- - Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem; Issues, Opportunity (Who, What, When, Where, Why):
Legislative Ordinance Code changes to Chapter 409. See attached.
AdvanWges if Approved: .
See above.
DisadvantageslfApproved:
None
Disadvantages If Not Approved:
Changes not made.
Total Amount of
Transaction• � CwtlRevenue Budgeted: � ���. ���$g�'
. ��3'.�.`� :
Fundin5� Source: AGivitv Number:
Financiallnformation: �¢�� �o eg 20�7`p
(Ezplain)