05-1212Council File # O — �� � �
Ordinance #
Green Sheet # 3029103
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
An ordinance amending chapter 410.03 of the Saint Paul I.egislative Code to impose a distance
between 3.2 percent malt liquor establishments in order to protect the public health, safety,
morals and general welfare.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
seccion 1.
Section 410.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
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11 Sec. 410.03. Licensing requirements.
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12 (a) Application. Any person desiring either of the licenses as hereinbefore described shall first
13 make an application therefor to the council of the City of Saint Paul by filing with the inspector
14 of said city for presentation by him to the council of an application in writing therefor, which said
15 application shall set forth with reasonable accuracy the name and place of residence of the
16 applicant the exact location of the place at which the applicant proposes to carry on the business
17 of selling nonintoxicating malt liquors; and whether or not he has at any time previous to the date
18 thereof been engaged in said business or in the business of selling foodstuffs in the City of Saint
19 Paul, and if so, when and where. Said application shall be signed by the applicant in person or by
20 an officer of the club seeking said license or by an officer of the corporation seeking said license,
21 and when received by the inspector shall be by him placed on file, and the name of the applicant
22 shall be by him registered in a book of registration to be kept in the office of said inspector for
23 that purpose; provided, however, that said inspector shall not receive such application or register
24 the name of said applicant uniess the application is accompanied by the fee required by section
25 410.02.
26 (b) Reserved.
27 (c) No license after conviction; underage. No license shall be issued, consistent with and subject
28 to Minnesota Statutes, Chapter 364, if the applicant has been convicted of any crime involving
29 the manufacture, sale, distribuUOn or possession far sale or distribution of intoxicating or
30 nonintoxicating liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions
31 1(1), 1(3) and 2. No license shall be issued to any person who is not at least twenty-one (21)
32 years of age.
33 �&}Rzsz�roed:
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34 {ej � Exception if compliance with other bonding requirements. For those applicants also
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applying for or already having an on-sale wine license pursuant to section 409.15, compliance
with the bonding requirements of section 409.06(j) satisfies the bonding requirements of
paragraph (d) of this section.
(�j � Investigation. The applicant shall permit representatives of the division of public health,
department of police and department of fire and safety services to inspect and examine the place
of business described in the application, together with all the appiiances and instruments used or
to be used in the transacrion of the business for which the license is sought, and any refusal on
the part of such applicant to permit such inspection shall be deemed as sufficient ground upon
which the council shall refuse to issue the license applied for.
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21 �f License within 300 feet of another license. No license shall be issued for off- sale 3.2 ercent
22 malt liquor for anv location which is within a radius of three hundred (300) feet as measured
23 from nropertv line to propertv line of an,y existing establishment with a license to sell off-sale 3.2
24 percent malt liquor
25 (1) The council mav waive the restrictions set forth in paraeranh (fl above relating to distance if
26 it makes findines that such a license is not inconsistent with the health, safetv, morals and
27 general welfare of the ad'o� inine neighbors or community. Factors which may be considered
28 inciude, but are not limited to the followine: the likelihood of increased noise, traffic, litter.
29 loiterine or unlawful behavior by�atrons of the establishment, excessive artificial li�htin�,
30 substantial decrease in adjoinine uronertv values, and the extent to which anv of the potential
31 problems can be addressed by conditions on the license.
32 �2) An establishment holdine a valid license on the effective date of this amendment shall not be
33 affected by this limitation, but shall be entitled to have such license renewed so lon ag s thev aze
34 in compliance with all other requirements of law and there exist no erounds for adverse action
35 a�ainst such license.
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37 (g) License near school or church. No license for on-sale nonintoxicating malt liquors shall be
38 issued for any premises, except for a restaurant as defined in section 409.15 having an on-sale
39 wine or intoxicating malt liquor license, located within three hundred (300) feet from any public
40 or parochial school, church or synagogue, said three hundred (300) feet being calculated and
41 compnted as the distance measured from the property line of the premises or building proposed
42 as the location for the nonintoxicating malt liquor license to the property line of any school,
43 church or synagogue in the area for which the license is sought.
44 All licenses in force and effect on November 10, 1962, the location of which license is in conflict
45 with the provisions hereof may be renewed or otherwise dealt with in accordance with law, it
46 being the intent of this pazagraph to be applied prospectively for proposed locations of licenses,
47 and further it being the intent of this paragraph that the limitations set forth in this paragraph
48 shall in no manner be applicable to any hotel or motel.
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1 Upon written petition signed on behalf of the school, church or synagogue located within three
2 hundred (300) feet of the proposed location of the license, the council may by a five-sevenths
3 vote disregard the provisions of this paragraph insofar as location adjacent to a school, church or
4 synagogue of a proposed license is concerned.
5 (h) Public hearing; notices. No new on-sale or off-sale license shall be issued until the council's
6 committee designated to hear license matters shall have first held a public hearing on the
7 applicarion. The notification requirements applicable to change in licensed areas in section
8 410.07 shall be applicable in the issuance of new licenses.
9 (i) Unlawful use of weapons. ff during any twelve-month period there are reported two (2) or
10 more incidents involving unlawfui use or handling of firearms, assault weapons or knives, as
11 defined in section 225A1, on any licensed on-sale premises, a public hearing shall be conducted
12 by the council. Any adverse action may be considered by the council pursuant to the hearing
13 provisions of section 310.05.
14 (j) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not
15 have any interest or ownership, in whole or in part, in a business holding a nonintoxicating malt
16 liquor license or in the license so held, but a manufacturer or wholesaler of intoxicating or
17 nonintoxicating liquor may use or have property rented for retail nonintoxicating liquor sales if
18 the manufacturer or wholesaler has owned the property continuously since November 1, 1933.
19 For the purpose of this paragraph the term "interest":
20 (1) Includes any pecuniary interest in the ownership, operation, management or profits of a retail
21 liquor establishment, and a person who receives money from time to time, directly or indirectly,
22 from a licensee, in the absence of consideration and excluding gifts or donations, has a pecuniary
23 interest in the retail license; and
24 (2) Does not include loans; rental agreements; open accounts or other obligations held with or
25 without security arising out of the ordinary and regular course of business of selling or leasing
26 merchandise, fixtures or supplies to the establishment; an interest in a corporation owning or
27 operating a hotel, but having at least one hundred fifty (150) or more rental units, holding a
28 liquor license in conjunction therewith or ten (10) percent or less interest in any other corporation
29 holding a license; and
30 (3) In deternuning whether an"interest" exists, the transaction must have been bona fide and the
31 reasonable value of the goods and things received as consideration for a payment by the licensee
32 and ali other facts reasonably tending to prove or disprove the existence of a purposeful scheme
33 or arrangement to evade the restrictions of this paragraph must be considered.
34 (k) Nonconforming clubs; transition. The restrictions and requirements in sections 410.03(g) and
35 410.04(g) of this chapter shal] not apply to licenses issued under this chapter to a club which at
36 the time of an application for an on-sale license held a private club license under former Chapter
37 404 of this Code for the same premises for which the on-sale license hereunder is sought or will
38 be issued for so long as the on-sale license remains at that ]ocaUOn and the ]icensed premises is
39 not enlarged. Such licensed premises will be deemed a lawful nonconfornung use under the
40 zoning code.
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44 Section 2
45 This ordinance shall take effect and be in force thirty (30) days following its passage, approval
46 and publication.
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Requested by Dep rtment of:
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Adopted by Council: Date
Adoption Certified by Council
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� Form Approved by City Attorney
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Approv�d by Mayor for Su 'ssion t Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Departmentloffice/councii: Date Initiated:
LP — License/Inspection/EnvironProt 15-DE�G05 Green Sheet NO: 3029103
Conqct Person 8 Phone• ueoartmem �eni � o rerson
Christine A. Rozek � 0 "ceosellnscectioWEnviron Pro
266-9108 puj9n 1 iceoselfusoectiodEnvironPro DeoartmentDirector
Must Be on Council Agenda by (Date): Number 2 i At[oroe I
For
Routing 3 r's Otfice Ma odASSistant
Order 4 ouucil I
5 itv Clerk Citv Clerk
ToW I# of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of an Ordinance amending Chapter 410.03 of the Saint Paul Legislative Code to impose a specific distance beriveen 3.2
percent malt liquor establishments.
idations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service
t. Has this personlfirm ever worked under a contract for this departmenY?
Yes No
2. Has this personffirm 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
Euplain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
� This legislarion is a clarifac6on of the definition of "over-concentration" currently found in Chapter 410.03 of the Saint Paul Legislarive
Code.
Advantapes If Approved:
Improved clariry of the Saint Paul Legislative Code.
Disadvantanes If Approved:
None. C�rrent licensees will not be effected. This legislarion would only effect new applicants.
Disad'vantages If Not Approved:
Saint Paul Legislative Code will remain vague regazding over-concentration of 32 mak liquor establislunents.
Transaction:
Fundin57 Source:
CostlRevenue Budgeted:
AcGvity Number:
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Financiallnformation: �g^�e .9 � eyti�g
(Explain) � 4 i L IlaJ