08-461{Anended May 28, 2008)
Presented By
Cl
AMENDED
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Council File # 08-461
Green Sheet # �—
An Ordinance Amending Chapter 409.06 of the Saint Paul L,egislative Code To
Clarify Signature Requirements For Seasonal
Outside Service Areas.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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Section 1.
Section 409.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 409.06 Licensing Requirements
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(a) Application. Any person desiring a license to sell intoxicating liquor shall make his
verified application in writing upon a form approved by the liquor control commissioner
for the state and shall file the same with the inspector. Such application form shall
require that the following information be set forth upon the application, and such further
information as may be required:
*:x*
(g) Seasonal outside service areas. The council may, by resolution, permit any licensee to
sell or serve intoxicating liquors in areas outside the building structure on public or
nrivate pronertv which are immediately adjacent to and contiguous with the structure
containing the licensed premises_,
- . Property which
is not connected to the licensed premises cannot be used as an outside service area if it is
located across a right of way such as a street or alley. Such outside service areas shall be
seasonal, and shall not involve an enlargement of the building shucture. Staeitpenrrissivn
The seasonal outside service azea license shall not be granted unless all the conditions of
subsections (1) through (�8) and all pertinent provisions of the zoning code are satisfied.
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� That the application is in order and there exist no erounds for denial of the
license•
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4\l I1 LLN U UJ �1�1 � I�/ �� LL�1�J �� R�1lT] Ii l�1 � 111 r��� Ml�l.l1
� Consentofneighborin,�propert�
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residential uses.
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1. The effect on the surroundin� community and institutions; rp �) J 1 �'
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2. Noise and likelihood of adverse effect on residential occupants:
3. The possibility of increased traffic:
4. The chazacter of the nei� borhood;
5. Other like uses in the nei¢hborhood.
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2.
3.
4.
5.
Noise and likelihood of adverse effect on residential occupants;
The possibility of increased traffic;
The character of the nei¢ borhood;
Other like uses in the neighborhood.
(�3) Off-street parking spaces may not be reduced by the establishment of an outside
service azea below the number of off-street parking spaces which would be
required if the licensed premises together with the outside service area were to be
newly constructed in conformity with the zoning code; provided, however, that
this requirement may be modified by the council by resolution in accordance with
the procedures and substantive criteria provided in section 409.08(11)e of this
legislative code.
�' No outside service area shall be permitted unless the licensee provides, in
addition to other requirements of law, safety barriers or other enclosures to
protect patrons from any hazards, including vehicular traffic.
(�5)
(56)
No outside service area shall be located on public property or upon any street,
alley or sidewalk, nor shall such outside service areas hinder or obstruct vehicular
or pedestrian traffic on any street, alley or sidewalk. Notwithstanding the
foregoing, the sale and service of alcoholic beverages within a sidewalk cafe by a
food establishment which is licensed as a restaurant under Chapter 331A of the
Legislative Code and which is in compliance with the provisions of section
106.01 of the Legislative Code, is permitted.
The council may deny any application for an outside service area where it has
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1. The effect on the surrounding communitv and institutions:
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reason to believe, or may revoke its permission for such an outside service area
where it is satisfied, that the impact of such outside service area on adjoining
properiy will be, or has been, any of the following:
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c.
d.
e.
f.
I,oud, boisterous or disturbing noise levels;
Hazazdous traffic conditions;
Offensive, obnoxious or disturbing odors;
Excessive litter;
Excessive artificial lighting;
Substantial decrease in adjoining properiy values; or
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g. Any other condition inconsistent with the reasonable use and enjoyment of
adjoining properiy and inconsistent with the health, safety, morals and
general welfaze of the adjoining neighbars or community.
���� Permission to sell and serve intoxicating liquor in or upon any outside service
azea may be revoked by the council on three (3) days' notice to the licensee,
pursuant to information received at a public hearing before said council. The
information need not be received under oath, but must reasonably satisfy the
council as to the existence of any or all of the conditions listed in subparagraph
(5). The public hearing shall be conducted with such formal or informal
procedures as the council may permit, so long as the licensee and any
complaining parties ha�e an opportunity to be heard.
�� The licensee shall, with respect to any outside service azea, comply with all
applicable provisions of law and regulations in regard to the sale and service of
intoxicating liquor, including, without limitation by reason of this specification,
all applicable regulations contained in sections 409.08 and 409.09 of this chapter.
Section 2
and publ cationshall take effect and be in farce thirty (30) days following its passage, approva ���� `SyE �
'��N ' 3 Z008
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Requested by Department of:
By:
Adopted by Council: n=*P �%���d��
Adoption Certified�by Council Secretary
By: �
Approved ib � or:
By: __y
��imm�
JUN 2 3 2008
Fo Approved by City Attorney
BY�—�C� 1- ��a lntvl �' �-O��
Form Approved by Mayor for Submission to
Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
D��y� /
C� - Council
Contact Person 8 Phone:
Pat Harris
266-8630
Must Be on Council Agend
07-MAY-08
Doc. Type: ORDINANCE
E-Document Required: N
Document Contact:
Contact Phone:
+TJ�\Y:a�I:3
�
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip Ali Locations for Signature)
Green Sheet NO: 3052795
o a�o�a
1 ouocil De artment Director
2 ouncil
3 ooncil
4 ouncil
5 'tY Clerk Ci Clerk
Approve amendment to Ch 409.06 clazifying signature requirements for Seasonal Outside Service Area.
�tlations: Appmve (A) or R
Planning Commission
CI6 Committee
Crvil Service Commission
1. Has this person/firm ever worked under a contraci for this department?
Yes No
Z. Has this personlfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally 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):
Advantages If Approved:
DisadvantageslfApproved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
F inancia l I nformation:
(Ezplain)
Cost/Revenue Budgeted:
Activity Number:
April 22, 2008 2:53 PM Page 1
Council File # ��� � �
Green Sheet # � O�a ��5
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented $v
�
a�
,\
a
An Or�
� THE
Amending Chapter 409.06 of the Saint Paul Legisiative Code To
Clarify Signature Requirements For Seasonal
Outside Service Areas.
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Section 409.06 of the Saint
Sec. 409.06 Licensing
OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
Legislative Code is hereby amended to read as follows:
(a) Application. Any person desir�ig a license to sell intoxicating liquor shall make his
verified application in writing uppn a form approved by the liquor control commissioner
for the state and shall file the sam�with the inspector. Such application form shall
require that the following information�be set forth upon the application, and such further
information as may be required: t
(g) Seasonal outside service areas. The council r`�ay, by resolution, permit any licensee to
sell or seroe intoxicating liquors in areas outsic� the building structure on public or
private property which are immediately adjacent� and contiguous with the structure
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- . Property which
is not connected to the licensed premises cannot be us��l as an outside service area if it is
located across a right of way such as a street or alley. S'�h outside service areas shall be
seasonal, and shall not involve an enlargement of the buiI�c�ing structure. fsneh-peimrssian
The seasonal outside seroice area license shall not be grant�i� unless all the conditions of
subsections (1) through (�� and all pertinent provisions of t� zoning code are satisfied.
(a)
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(b)
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(c)
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on
:to
or cnanea in
areas
That the application is in order and there exist no grounds for
That the citizens' district council whose geographical area
That failure to grant the waiver, with the consequent delay in
of the
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(d) Agreement by the licensee that all licensed operations may be
In any case in which the forty-five-day notice period has been waived, if the
e�
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to
of
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1.
and
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3. The possibility of increased traffic;
4. The character of the neighborhood;
5. Other like uses in the neighborhood.
6s��y�,/
were
The
(�3) Off-street parking spaces may nbt be reduced by the establishment of an outside
service area below the number of� -street parking spaces which would be
required if the licensed premises to ther with the outside service area were to be
newly constructed in conformity with e zoning code; provided, however, that
this requirement may be modified by th council by resolution in accordance with
the procedures and substantive criteria pr uided in section 409.08(1 1)e of this
legislative code.
141 ��� No outside service area shall be permitted ur
14 2 addition to other requirements of law, safety
14 3 protect patrons from any hazards, including
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licensee provides, in
or other enclosures to
- traffic.
14 5 �� No outside service area shall be located on public prope or upon any street,
14 6 alley or sidewalk, nor shall such outside service areas hin r or obstruct vehicular
14 7 or pedestrian traffic on any street, alley or sidewalk. Notwit tanding the
14 8 foregoing, the sale and service of alcoholic beverages within idewalk cafe by a
14 9 food establishment which is licensed as a restaurant under Chap er 331A of the
15 0 Legislative Code and which is in compliance with the provisions f section
151 106.01 of the Legislative Code, is permitted.
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153 �' The council may deny any application for an outside service area where 't has
154 reason to believe, or may revoke its permission for such an outside servic area
155 where it is satisfied, that the impact of such outside service area on adjoini�g
15 6 property will be, or has been, any of the following: �
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a.
b.
c.
d.
e.
f.
Loud, boisterous or disturbing noise levels;
Hazardous traffic conditions;
Offensive, obnoxious or disturbing odors;
Excessive litter;
Excessive artificial lighting;
Substantial decrease in adjoining property values; or
�-c��/
--f�y other condirion inconsistent with the reasonable use and enjoyment of
adjoining property and inconsistent with the health, safety, morals and
general welfare of the adjoining neighbors or community.
��'� Permiss n to sell and serve intoxicating liquor in or upon any outside service
area may revoked by the council on three (3) days' notice to the licensee,
pursuant to formation received at a public hearing before said council. The
information n d not be received under oath, but must reasonably satisfy the
council as to the xistence of any or all of the conditions listed in subparagraph
(5). The public he ing shall be conducted with such formal or informal
procedures as the co ncil may permit, so long as the licensee and any
complaining parties h ue an opportunity to be heard.
��g� The licensee shall, with r
applicable provisions of 1
intoxicating liquor, inclu
all applicable regulations
to any outside service azea, comply with all
9 regulations in regard to the sale and service of
�ithout limitation by reason of this specification,
:�ed in sections 409.08 and 409.09 of this chapter.
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This ordinance shall take effect and be in force
and publication.
Bostrom
Carter
Harris
Adopted by Coancil: na+o
Adcption Certified by Council Secretaiy
Sy:
Approved by Mayor: narc
�v�
0) days following its passage, approval
Requested b
Sy:
Fo pproved
By:
Attorney
Form Approved by Mayor �Or Submission to
Council �
By:
Department of: