06-753Councii File # 06- ,��-�
Green Sheet # �1 31 Y�1�
ORDINANCE
CITY
Presented By:
SAINT PAUL, MINNESOTA
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An Ordinance Amending Chapter 409 Regulating On-Sale Wine Licenses
"I"HE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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Section 409.06 (n) of the Saint Paul Legislative code is amended to read as foliows:
Secfion 409.06.
(n) License near church or school. No license, except an on-sale culinarv, or on-sale wine or intoxicating malt
liquor license issued to a restaurant as defined in section 409.15, shall be issued for any premises located within three
hundred (300) feet from any public or parochial school, church, or synagogue, said three hundred (300) feet being
calculated and computed as the distance measured from the property line of the premises or building proposed as the
location for the liquor license to the properly line of any school, church, or synagogue in the area for which the license
is sought.
Section 2
Section 409.15 of the Saint Paul Legislarive code is amended to read as follows:
Section 409.15. On-sale wine and culinary licenses.
» (a)
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Defmitions. The following definitions shall apply to this section:
(1) Restaurant shall mean an establishment under the control of a single proprietor or manager, having
appropriate facilities for serving meals and for seating not fewer than twenty-five (25) guests at one (I)
time and where, in consideration of payrnent therefore, meals aze regulazly served at tables to the
general public, and which employs an adequate staffto provide the usual and suitable service to its
guests.
(2) On-sale wine license shall mean a license authorizing the sale of wine not exceeding fourteen (14)
percent alcohol by volume, for consumption on the licensed premises only in conjunction with the sale
of food.
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29 � On-sale culinarv license� shall mean a license authorizing an establishment that offers culinarv classes
3o to furnish wine not exceedin¢ fourteen (14) percent bv volume or intoxicatin¢ malt liquor on the
31 licensed nremises onl i�junction with a cookinQ or culinarv class.
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33 (b) Issuance of license; fee; conditions for on-sale wine license. On-sale wine licenses may be issued, subject to the
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Cooking Class & Wine Servi rdinance
Page 2 of 3
34 approval of the liquor control commissioner, to the proprietor af any restaurant as defined in this section and
35 without regazd to secrion 409.03 limitations and s�biect to the following condi6ons:
36 � The license fee shall be eight hundred sevenry-five dollars {$895.00} payable in two (2) equal amounts,
37 the first to be paid before the license is issued or renewed, the second payment to be made within six
3s (6) months from the date of issuance or renewal;
39 � The licenses shall be valid on all days of the week consistent with the hours of sale provided in section
ao 409.07(a)•, and
4� � All other provisions ofthis chapter shall be applicable to such licenses and licensees unless inconsistent
a2 herewith.
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44 � Issuance of license fee conditions for On-Sale Culinarv License. On sale culinary licenses may be issued,
45 subject to the apuroval of the liquor control commissioner to the proorietor of anv establishment offerina
46 culinar,y classes as defined in this section without re�azd to section 449.03 limitations, and subject to the
47 foltowing conditions:
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The license fee shall be paid in the amount listed in section 310 1& of this code• and
The licenses shall be valid on ali days of the week beiween the hours of twelve 12�DO p.m. and 12:00
a.m.; and
The establishment must offer culinary or cooking ciasses as apart of its business Each participant in
each class must make an advance reservation for the class and each participant must make vayment for
the ctass in advance A participant ma�attend no rnore than one (1) ciass per day and
The license allows that each oarticipant mav be furnished up to a mvcimum of six (6� aunces of wine
or twelve (12) ounces of intoxicatine malt liquor during and as p_art of the class for cansum�tion on the
licensed premises onlv The wine or intoxicating malt liquor shall be furnished only during and as a
part of the class and at no additionai cost to the participant
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59 {� �d,� Public kearing; notices. No new on-sale wine license or on-sale culinary license shall be issued until the
60 council shall have first held a public hearing on the application. The notification requirements applicable to
6t change in licensed azeas in secrion 409.11 shall be applicable to the issuance of new on-sale wine Licenses and
62 on-sale culinary licenses.
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�d-} � On-sale malt beverages. A ho]der of an on-sale wine license issued parsuant to this section who is also license�
to sell on-sale t3eaintexieat�g 3_2 percent malt liquor and whose gross receipts aze at least sixty (60) percent
attributable to the sale of food may be permitted by the city council to also sell intoxicating malt tiquors at on-
sale in conjunction with the sale of food without havin$ to pay any additional license fee. Such authorization, i
approved by the council, shall be noted upon the licenses issued by the inspector. This provision is enacted
pursuant to authority granted by Minnesota Statutes, Section 346A.404(5).
Section 3
This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication.
Cooki�g Class & Wine Service Ordinance
Page 3 of 3
D6
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"a•:� :t .�y
Yeas Nays Absent
Benanav
Bostro
Aanis
Helgen
Lanhy
Montgomery
Thune
J
✓
✓
Adopted by Council: Date � /� -�ro
Adoption Certified by Council Secretary
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Requested by Department of:
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Form Approved by Ci Attorney
By: �;
Approved by Mayor for Submission to Councii
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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CO — cormc,t
Contack Person 8 PFrone:
Jay Benanav
Must Be on Council Agenda by
69-AUC'i�{)6
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Assign
Number
For
Routing
Order
Green Sheet N4: 3431842
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2 1
Total # of Sgoature Pages _{CGp NI Locations for SignaW re)
An Ordinance Amending Chapier 409 Regulating On-Sale Wine Licenses
RecommentlaEions: Approee (A) or Reject {R}:
Plan�ing Commission
CI8 Committee
_ CiNi Senice Commission
Following Oues£rons:
InitiaWate
1. Has this persorJfirm e�er woAced under a contract tor this department?
Yes No
2, Has this persoNfim+ e�er been a ciry employee?
Yes No
3. Does this personf8rtn possess a skili nW rwrtnalry possessed by arry
cuirent ciry employee?
Yes No
Ezplain all yes answers on separate sheef and atfach to green. sheet
initiating Problem, lssues, Oppartunity (Wno, Wna; When, Where, Why):
Advantages H Approved:
�isativantages IfApproved:
DisadvanWges IfNOtAporaved:
Transaction;
Funding Source:
Finanefal Infortnation;
(Explain)
CastlRevenue Budgeted:
Activity Number,
I n�� $:59 PM Page 1
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City of Saint Paul
Ciry Council Research Center
310 City Hall
Saint Paul, MN 55102
(65I)266-8563
INTER-DEPARTMENTAL MEMORANDUM
DATE: August 2, 2006
TO: Councilmembers
FROM: Amanda Rohrer, Council Assistant �^��
and � `�
Mazcia Moeanond, Sr. Policy Anatyst a/ui
RE: Modifying the Licensing Code to Accommodate Small Cooking Business Needs
Su»amasy:
Early this summer, Councilmember Benanav requested that Council Research look into whether it is
possible to provide some type of affardable license for cooking schools, and the like, to provide a glass of
wine in association with cooking classes and demonstrations. Recent changes to state law make it
possible to provide a license of this type.
Background:
Retail stores no longer simply sell products; from potters hosting "paint-your-own" sessions to places like
LeYs Dish! combining cooking classes with grocery shopping with take-out meals, the line between
different types of establishments has become blurred. As retail estabiishments increasingly provide social
and entertainment options to entice potential customers, existing code options somerimes fail to
accommodate business owners in turning their marketing ideas into reality.
One local example of the failure of city code to keep up with changing attitudes toward consumption
styles is in liquor licensing. While the resriictions are intentionally designed to prevent problems
associated with excessive consumption of atcohol, there aze few options for local businesses who wish to
provide small quantities of alcohol to complement events. A case study of one such situation for the local
business, Chocolate Celeste, is provided in Aftachment A. We anticipate thhere will be between 6 and 12
such licenses granted annually.
Recent Developments:
State law which previously would have made the events impossible to license at the local level has
recenYly been amended, allowing for up to 6 ounces of wine or 12 ounces of intoxicating malt liquor to be
served at cooking or culinary classes. State regulation requires that the business is not otherwise eligible
for a liquor license. It also requires advance registrarion for the class or demonstration. The relevant
changes to state law are provided in Attachment B.
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Licensing Options for Serving Alwholic Beverages, Page 2 of 3
Attachment A:
Chocolafe Celeste Case Study:
Chocolate Celeste is a local chocolarier, producing and serving high-end chocolates io a]azgely corporate
mazket. As a part of its activities, the business offers chocolate tasfing evenfs to encourage its clientele to
learn to appreciate the subtle differences in the varieties of fine chocolate. As a part of these events, the
owner, Mary Leonard, would like to aiso offer wine tasting. Existing code does not have a feasible oprion
that will meet her needs.
What's a basic descriprion of the sort of event to be hasted?
The idsal event is a private party, by invitation or with reservations beforehand, where the entertainment
consists of tasfing wine and chocolate and explanation by an expert of the features of fine foods that make
them go well together. Activities are centered around the kitchen and the group produces chocolates of
their own. Tndividuais or organizational sponsors pay a flat fee per participant, which includes the cost of
food, wine, space, and the speaker/instructor.
How much and what varieties of alcohol would be sold?
Only wine would be served in 2 to 3 oz tastes per variety. The total quantity would be approximately 8 oz
per person in a night.
YPoudd there be dimits to how much is served?
Since the events are billed as educational, there's quite a bit of incentive on the part of the business to
keep the atmosphere pleasant and mild, rather than letting it get rowdy. Furthermore, given the expensive
nature of the drinks, and that they're sold as part of the event, there's financial incentive to not over-serve
guests.
YYhat food options would be served with the alcoho!?
Chocolate.
How many events are anticipated?
Approximately 10 per month.
When would the events take place?
Generally they're scheduled for Wednesdays, Thursdays, and Fridays, between 7 and 9 in the evening.
YI'hat are the major problems with the current svstesn?
The only option available for this type of business is to use a caterer. If a caterer from another eating
estabiishment is hired to serve both the wine and food, there are higher costs for the business owner.
Food isn't central to the event, but must be purchased if alcohol is served, and fees chazged by the caterer
substantially increase the cost of the aicohol. There are also scheduling concerns and space limitations. If
the business wants to obtain a wine license of its own, there aze also high costs. To be eligible for any
kind of liquor license, an establishment must haue a full and working kitchen to provide food. Since
Chocolate Celeste currently produces and sells exclusively chocolates, it's licensed by the states under
dairy regulations and does not have a kitchen that meets the ciry's definirion.
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Licensing Options for Serving Alwholic Beverages, Page 3 of3
Attachment B:
Sec. 10. [340A.4041] CtII,INARY CLASSES; ON-SALE LICENSE.
Subdivision I. License authorized. A city or county may issue a limited on-sale intoxicating liquor
license to a business establishment:
(1) not otherwise eligible for an on-sale intoxicating liqnor license; and
(2} that, as parc of its business, conducts culinary or cooking classes for which payment is made by each
participant or advance reservation required. The license authorizes the licensee to furnish to each
participant in each class, at no additional cost to the participant, up to a masimum of six ounces of wine
or 12 ounces of intoxicating malt liquor, during and as part of the class, for consumption on the
ticensed premises oniy.
Subd. 2. Fee. The issuing authority shall set the fee for a license under this section, subject to section
340A.408, subdivision 2, paragraph (a).
Subd. 3. Application of other law. All provisions of this chapter that apply to on-sale intoxicating
liquor licenses, ofher than provisions inconsistent with this secrion, apply to licenses issued under this
section, except that section 340A.409 shail not apply.
EFFECTIVE DATE.This section is effective the day following final enactment.
From: 940, 3rd Engrossment - 84th Legislative Session (Z005-2006) Posted on May 11, 2006