04-189Council File # ' � D�
Ordinance #
Green Sheet # zbi n�4�
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
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Presented By
Referred To
Committee Date :
1 A legislative ordinance to amend Saint Paul Legislative Code Chapter 411, Entertainment, to
2 facilitate a title change.
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5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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Section 411, Entertainment, of the Saint Paul Legislative Code is hereby amended to read as
follows:
Sec. 411.04. Licensing requirements.
(a) Application. Any person desiring a license to provide entertainment shall make his
application in writing upon a form to be provided by the inspector with whom the
application shall be filed. The inspector shail require that the following information be set
forth upon the application:
(1)
�2)
(3)
(4)
The name and place of residence of the applicant.
The exact location of the premises upon which the applicant proposes to provide
entertainment.
Whether the applicant has ever been engaged in a similar business and, if so, the
location thereof and the date when so engaged.
A description of the type or types of entertainment to be provided and the
frequency thereof.
In case the applicant proposes to afford the public the privilege of dancing, the applicant
shall set forth the amount of floor space availabie and which the applicant proposes to maintain
for dancing purposes.
The application shall be signed by the applicant in person and, if the applicant is a
corporation, by an officer of the corporarion who shall agree to comply with all the ordinances of
the city relating to the business of providing entertainment. He shall file with his application the
license fee, together with the consent of property owners ar tenants as hereinafter provided. p��
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Notif cation requirements; consent of neighboring property:
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(1) Notice of hearing: At least thirty (30) days before a public hearing on an
appiicarion for a license, the
office of license, inspections and environmental protection shall notify by mail all
owners and occupants who own property or reside within three hundred fifty (350)
feet of the main entrance of the establishment to be licensed and all community
organ3zations that have previously registered with such department of the tune,
place and purpose of such hearing, such three hundred fifty (350) feet calculated
and computed as the distance measured in a straight line from ttie neazest point of
the building where intoxicating liquor is sold, consumed or kept for sale to the
neazest point of the properry line owned, leased or under the controi of the
resident. Prior to the hearing date, the Office of License, Inspections and
Environmental Protecrion shall submit to the city council a list of the names and
addresses of each person or organization to whom notice was sent, and
certification of such list by the clerk shall be conclusive evidence of such notice.
(2) Consent ofowners and occupants within three hundred �ftyJ feet: The applicant
shall present with his or her application for a Class B or Class C license a
statement in writing with the signatures of as many of the owners and occupants
of private residences, dweilings and apartment houses located within three
hundred fifty (350) feet of such premises as he or she can obtain to the effect that
they have no objection to the granting of the class of entertainment license sought
ar the operation of the business of conducting entertainment of the class of license
sought at the location proposed.
If the applicant obtains the signatures of ninety (90) percent or mare of such
persons, the council may grant the license. If the applicant obtains the signatures
of sixty (60) percent to ninety (90) percent of such persons, the council may grant
the license upon finding that issuance of the license would not interfere with the
reasonable use and enjoyxnent of neighboring property and residences and would
not beaz adversely on the health, safety, morals and general welfare of the
community. Such findings sha11 be based on the following considerations if the
]icense were to be granted:
a.
b.
c.
d.
e.
The effect on the surrounding community and institutions;
Noise and likelihood of adverse effect on residential occupants;
The possibility of increased traffic;
The character of the neighborhood;
Other like uses in the neighborhood.
If the applicant fails to obtain the signatures of sixty (60) percent of such persons,
the license shall not in any case be granted, unless, in the case of Class B licenses
only, the license applicant can illustrate to the city council that a good faith effort
was made to fulfill all petition requirements, and that the results of such attempts
showed a generally favorable disposition from the surrounding community toward
the proposed licensed activity, and that the district council represenring the azea
supports the request for the license by the applicant.
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(3) Comptiance with notice and consent requirements: An entertainment license for �" ��
whatever particulaz class of license has been sought only becomes effective upon
compliance with this pazagraph (b) and consent of the council by resolution. The
failure to give mailed notice to owners or occupants residing within three hundred
fifty (350) feet or defects in the notice shall not invalidate the license, provided a
bona fide attempt to comply with this paragraph (b) 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 multiple-family dwelling regazdless of the number of occupants.
(4) Application of subdivision; exceptions: The requirements set out in this paragraph
(b) shall apply only where the application is for an entertainxnent license in which
it is proposed that liquor wili be soid and insh uinentai music with dancing for the
guests therein, or singing or vaudeville entertainment is to be provided. The
notification and consent requirements of this paragraph (b) shall not be applicable
when the premises whereon the entertainment is proposed is zoned as I-1, I-2 or I-
3 Tndusriiai District or where the license is to be held in a place located in the
downtown business district. For purposes of this paragraph (b), 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 Pleasant Avenue, Pleasant Avenue
to Kellogg Street, Kellogg Street to Suuunit Avenue, Summit Avenue 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, Wamer
Road to Shepard Road, Shepazd Road to Chestnut Street.
(5) Exemption from consent requirements for Zimited entertainment Zicenses. The
consent requirements of this paragraph (b) shall not apply if the person, firm or
corporarion holding liquor licenses for the premises for which the entertainment is
sought (i) has, as a regutar and usual part of its business for at least three (3) years
immediately prior to the effective date of this ordinance (C.F. No. 92-1799),
rented all or part of the licensed premises for wedding, anniversary or retirement
dinners or receptions or similar family or social functions and has held itself out to
the public during that period of time as being available for such purposes; (ii)
applies for a limited Class A or B license valid for the sole purpose of allowing
entertainment to be provided by another on that part of the licensed premises
which is rented or used, with or without consideration, for a wedding, anniversary
or retirement dinner or reception, or similar family or social function; and (iii)
makes application for such limited license within one (1) year of the effective date
of this ordinance (C.F. No. 92-1799), or before December 31, 1993, whichever
date comes later. Notwithstanding the foregoing, this exemption from the
aforesaid consent requirements shall not apply in any case to a Class C license.
(6) Conditions of Zimited Zicenses. The limitation on an entertainment license issued
pursuant to paragraph (5) above shall be an express term and condition of the
license, and failure to comply with such limitation shall be grounds for adverse
action against all licenses held by the licensee or applicant. If the holder of such
limited license shali provide, furnish or contract for any entertainment of any kind
on the licensed premises, snch action shall be grounds for adverse action against
all licenses held by such licensee. The council may by resolution further condition
such limited licenses and the imposition of such conditions shall not be deemed to
be an adverse acrion; provided, however, that the imposition of any condition
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which directly limits, or whose only purpose is to limit, free expression or the �' 1 b 1
expressive content of the entertainment shall be deemed to be an adverse action
and governed by the procedural requirements of sections 310.05 and 310.06 of the
Legislative Code. Violation of such conditions shall be grounds for the
revocation, suspension or further limitation of the limited entertainxnent license
and any other licenses held by the licensee. Such revocation, suspension or further
limitation shall not be deemed to be an adverse action; provided, however, that if
the violation which is all or part of the grounds of such action involves free
expression or the expressive content of the entertainment, such acrion shall be
deemed to be an adverse action and subject to the procedural requirements of
sections 310.05 and 310.06 of the Legislative Code.
(7) Responsibility of licensee under limited licenses. Each holder of a limited license
hereunder shali be responsible for full compliance by all renters and users of the
licensed and contiguous pzemises with all requirements of law. The provisions of
section 409.08(7) of the Legislative Code shall be applicabie to and govern
holders of limited licenses hereunder.
(c) Investigation. Whenever an application for an entertainment license is filed, the inspector
shall refer said application immediately to the director of the division of public health, the
director of the department of police, and the director of the department of fire and safety
services, who shall proceed to inspect and examine the premises described in the
application and report to the inspector whether the applicant is a proper person to receive
such a license and whether the premises are suitable for entertainment.
Upon receipt of the reports, the inspector shall transmit the reports together with his
recommendation and any recommendation that the above officials shall make with respect to the
applicant or the premises to the council for its consideration. It is hereby made the duty of the
inspector, in any case where consent of neazby residents is required under this chapter, to inquire
whether such consent was given in good faith.
(d) Floor space. No live entertainment license shail be given where the floor space available
for and which is to be maintained for dancing in which the public participates does not
exceed four hundred (400) square feet.
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(e) Interim stancZards for off-street parking. In any case in which the applicant is seeking a
Class B or Class C license, the applicant shall provide additional off-street parking for the
licensed premises as foilows: Fifty (50) percent of the shortfall in parking spaces between
one (1) space for each seventy-five (75) square feet of gross floor area, and the number of
pazlffng spaces already provided by the licensee. "Gross floor area" shall mean the sum of
the horizontal azeas of each floor of a building as specified in section 6Q.2Q6 of the
Zoning Code. This requirement shall not apply to licensed premises which are located in
the downtown business district as defined in section 40911 of the Legislative Code. The
license application must include a fully dimensioned floor plan and site plan drawn to
scale. Modifications may be granted as specified in secrion 409.08(11)e.
Section 2
That this ordinance revision shall take affect and be in force thirty (30) days after its passage,
approval and publication.
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-;^� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenUoffice/councii: Date Initiated: a"�� � p�
MO — MayotsOffice 1SJAN-04 Green Sheet NO: 3010346
Contad Person & Phone� Deoartment Sent To Person InitiallDate
Reyne Rottt�h � 0 or's Office
2 � 87 �� Pssign 1 a oc'sOffice
Must Be on Councii Agenda by (Date): Number 2 uncil
For
Rouiing
Order
Totai # of Signature Pages _(Clip NI Lowtions for Signature)
Action Requested:
Changes to I.egisiarive Oidinance, Chapter 411.
Recommendations: Approve (A) or Reject (R): Personal Service ConUacts Must Mswer the Following Questions:
Planning Commission
1. Has this person/firtn ever worked under a contract for this departmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firtn ever been a aty employee?
Yes No
� 3. Does this personlfirtn possess a skill not nortnaily possessed by any
curtent aty employee? _
Yes No
Expfsin alt yes answers on separete sheet and aNach to greert sheet
initiating Problem, Issues, Opportunity (Who, What, Whe�, Where, Why):
I,egislaUve Ordinance Code changes to Chapter 411. See attached.
AdvanWges If Approved:
See Above.
DisadvantapeslfApproved:
None
DisadvanWges If Not Approved:
Changes not made.
Total AmouM of 0 CosURevenue Budgeted: 4 c
Transaction: °`�"`? ��"'�"�'�`"' �%`="'=f
Fundinp Source: Activitv Number. � �
Financialinformation: '���'� � � '�Q��
(Explain)
Oy i��
� �12
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Housing 5000: Housing Acrion Plan (I�AP) 2004
Housing Campaign Remazks to St. Paul City Council
Public Heazing, February 25, 2004, 5:30-6:30
City Hall, Council Chambers
My name is Gayle Miels. I've lived at 1902 Lincoln Avenue for more than 30 years. I'm
an active member of MICAH, and I'm here today on behalf of the St. Paul Housing
Campaign. Pd like my comments entered into the official record.
First, I want to state our general support of the Housing 5000 plan and its pro�ess to
date. We're grateful that affardable housing is being added to St. Paul's housing stock.
We're pleased to see that the issue of developing larger, affordable fanuly units has been
added to Section 4.0 of the 2004 Action Pian and will be addressed by PED. Although
Housing 5000 is a good start, it does not meet the whole need for affordable housing in
St. Paul. We urge you to collect and use actual need-based data for projecting future
housing needs.
We also appreciate the transpazency in reporting housing project information, including
project sources, uses of funds, and progress. However, we strongly urge the City to lunit
the allocation of public funds to affordable housing development. We believe the use of
funds for mazket-rate housing development is inappropriate, given the overwhelming
need for affordable housing.
Last, we look forward to supporting the City in the development of a post-Aousing 5000
plan a successive plan based on hard data that demonstrates both the number and types
of housing needed in St. Paul.
Thank you.
,
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St. Paul Housing Campaign �/���`�
Testimony 2/25/04
My name is Stuart Goldbarg, I am member of the St. Paul Area Coalition for the
Homeless and Jewish Community Acrion, both members of the St. Paul Housing
Campaign. Thank you for the opporiunity to testify about the Housing Action Pian
on behalf of this campaign.
The St. Paul Housing Campaign is a coalition of organizations (many of them
grassroots) interested in increasing the stock of affordable housing units in the city
of St. Paul, including the Office of Social Justice of the Archdiocese, Jewish
Community Action, MICAH, the St. Paul Area Council of Churches, the St. Paul
Area Coalition for the Homeless, Habitat For Humanity, Project Por Pride In
Living, the Wilder Foundation, and the Minnesota Senior Federation. Our
campaign is committed to collective action and advocacy to produce and preserve
affordable, diverse, inclusionary housing to meet the housing needs of St. Paulites.
The Housing Campaign is well aware of and pieased with the tremendous change
that has occurred in the City's housing policy in the last two years and the success
in creating new affordable housing. With nearly 5,000 St. Paulites homeless, and
even more underhoused or paying more than 30% of income on shelter, the work
must continue to complete the 5,OQ011,000 plan and move beyond it.
We, as members of the Housing Campaign urge this Council to forge ahead with
the current plan, and to begin to think about long term plans that will address the
housing needs of all residents of St. Paul.
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Please consider the recommendations the Campaign has formulated:
1) The present plan, excellent as it is, may not meet the needs of St. Paul's
population, especially those with the lowest incomes in our city. A second effort,
to commence as the 5,000/1,000 plan nears completion, would serve to ensure a
brighter future for the City.
2) The next four year plan wouid call for an assessment of needs in several areas:
a) Might we be more successful if we raise the percentage of affordable units
from 20 to 30°/a?
b) Do we need more three and four bedroom units? Do we need more
efficiency units? How many dormitory style boarding units could we
use?
c) How can we increase the supply of service-enhanced housing?
d) Might we do a better job by reaching below 30% of Regional Median
Income or considering the use of St. Paul median income rather than
regional median income? The answers to these questions can be found
oniy if we do a thorough assessment of the need, especially given the
huge demographic changes, including the growth in immigrant
populations in St. Paul.
e) We should consider how we target limited city funds and avoid using
those funds to support projects that are not producing any affordable
units. -
3) 'The 'NIMBY' syndrome (Not in my back yard!), can best be a�oided by making
housing developments that are so attractive that a broad cross section of the
population will want to live in or near them. This desirable quality is not S
necessarily more expensive, but it takes careful thought and willingness to listen to
the aspirations of the existing community. For instance, NIIvIBY' does not arise
when neighbors envision new development replacing nuisance properties, or
providing convenient access to desirable goods or services. Developments which
are successful in the long term ulust develop a sense of unique place and
atmosphere. Our campaign is committed to working with the council and the city
to respond to NIIvZBY.
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4) Muiti-story developments sited along traditional transportation corridors can
easily accommodate the miY of goods and services neighbors might wish to live
near, and make more effective and efficient use of public transit. It is conceivable
that State or Federal monies might become available to assist in marrying
imaginative new housing and transportation solutions.
5) We also need to follow two other key provisions in the housing action plan:
a) Stengthen and enforce city rules on minority contracting to make sure
that a much larger percentage of development bids and contracts are
awarded to contractors from connmunities of color and women.
b) We must also strengthen rules to eliminate predatory lending in this city
and take other steps to increase home ownership among communities of
color and low income people.
Thank you for tlus opporiunity to testify. The St. Paul Hausing Campaign is
committed to working with you in the future to preserve and expand the supply of
housing in our great city.