08-608Substitute - 6/11/08
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Council File # 08-608
Green Sheet # 3055015
ORDINANCE
PAUL, MINNESOTA
SUBSTITUTE
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3 An Ordinance Allowing 5pecial Permits For Extended
4 Hours For Service Of 3.2 Percent Malt Liquor In
5 Licensed Establishments
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7
Section 1
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8 Secrion 410.04 of the Saint Paui Legislative Code Is Hereby Amended To Read As Follows:
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10 Sec. 410.04. Regulations.
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12 (a) Restrictions on minors. A minor, as used herein, is any person under the age of twenty-one (21) years.
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Presented by
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(c) Sales prohibited; hours. No such nonintoxicating malt liquors shall be soid either on-sale or off-sale
beriveen the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday inclusive, nor
between the hours of 1:00 a.m. and 12:00 noon on Sundays. Notwithstanding the foregoing, an
establishment which has received a permit from the state which authorizes sale of 3.2 percent malt liquor
on-sale between the hours of 1:00 a.m. and 2:00 a.m. may make such sales if it has provided a copy of the
permit to the director of the department of safety and inspections. No on-sale licensee shall permit any
such nonintoxicating malt liquors to be consumed on its premises during the hours when the sale thereof is
by this chapter prohibited. Notwithstanding the foregoing, establishments holding on-sale licenses issued
under this chapter may remain open for the sale of food after the hours of sale provided therein and until
3:00 a.m. if they have first obtained an extended service license. Such license shall be a class TII license.
Application shall be made on such forms as may be provided by the department of safety and inspections.
The fee far such license shall be established by ordinance as provided in section 310.09(b) of the
Legislative Code. The regularions in secfion 409.07.1(b), and notice and consent requirements in section
409.07.1(c) of the Legislative Code shall apply to extended service licenses under this chapter.
(o-ll Extended Hours Durine 2008 Republican National Convention: Nohvithstandine the above between
12:00 p.m. on August 31, 2008 through 4:00 a.m. on Serotember 5 2008 licensed establishments m�
obtain an RNC 4•00 a m nermit The RNC 4•00 a m nermit shall allow service consumption and displav
of 3.2 percent malt liquor in on sale establishments unti14:00 am. The RNC 4•00 a m permit shall not
allow consuxnprion, dis�lay or service of 3.2 percent malt lic�uor after 2:00 am. outdoors including on anv
Uatio or sidewalk cafe. Establishments may obtain the RNC 4•00 a m permit under the following
conditions:
1. Apvlicant must hold a valid on-sale 3.2 nercent malt liquor license and a license for Sunday
sales.
2. Applicant must hold a valid permit for 2:00 a.m. closine Uermit issued bv the State of
Minnesota.
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3. Anqlicant must com�lete an application urovided bv the Department of Safetv and
Inspections and �av RNC 4:00 am. nerxnit fee of $2500.00.
4. In all azeas except the downtown development district and commercial develovment
districts, applicant establishment must haue at least 291 seats as deternuned by the
Department of Safetyand Inspections.
(c-21 Presumptive Penalties Durin�The 2008 Republican National Convention: For purposes of the
penaltv matrix at 310.05(ml of the Saint Paui Leaslative Code, the presumptive penalty for establishments
found to serve, disnlav, or allow consum�tion of 3.2 percent malt liquor after 2:00 am. between Au�ust
31, 2008 and Sentember 5, 2008 when that establishment does not hold an RNC 4:00 a.m. �ermit is
$2.000.00 per incident.
(d) Dancing. Dancing wherein the public participates and dancing, singing and other vaudeville exhibitions
or entertainxnent aze hereby at all times prohibited on the premises of any off-sale licensee; provided,
however, that if such premises are duly licensed for entertainment, such dancing, exhibitions or
entertainment may be permitted.
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Section 2
63 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and
64 publication.
�UBLlSHE�7
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Yeas Nays Absent
Bos4om y
Carter ✓
Hazris ✓
Helgen i /
Lanhy ✓
Stazk ✓
Thune �,/
Adopted by CouncIl: Date !o /�s /�d/J�/
Requested by Depariment of
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Approved by the Office of Financial Services
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App by Ciry Attomey�
By: �W �'��"��
Approved by Mayor for Submission o Council
Adoption Certified by Cow cil Secretary Bp
By: � � �
Approve yo . Date � � �
By:
� Green Sheet Green Sheet
Green Sheet NO: 3055015
DepartmenUoffice/council: �� Datelnitiated:
$� - Depc ofSafery & Inspectlons 04JUN-08
Contact Person 8 Phone: �
Bob Kessler �
266-9013
Assign
Must Be on uncil genda by (Date): � Number
/ For
- v��� - �� - - Routing
Doa Type: ORDINANCE Order
E-Document Required: Y ��
Document Contach Ro6ert Humphrey ',
Contad Phone: 266-9123 .
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Department Sent To Person InitiallDate
0 DepLOfSafety&Inspections ___, ___
7 Dept of Safety & Inspections Deparhnent D'uector
2 City Attomev _-�-� _ . _ _
3 Mayor's Office Mavor/ASSistant
4 Council
5 C1ty Clerk Citv Clerk ____
, ToWI # of Signature Pages _(Clip All Locations for Signature) '
�I ActionReQuested:_-- _____ —__.___-_ -___ _ -- __ ___-- - -______- _ .__. ',
' Approval of an Ordinance allowing special permits for extended hours for service of 3.2 malt liquor in licensed establishmenu during ��
', the Republican National Convention. ',
: Recommendations: Approve (A) or Reject (R): � Personal Service Contracts Must Answer the Following Questions:
Planning Commission
CIB Committee
Civil Service Commission
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Green Sheet Green Sheet Green Sheet Green Sheet
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee�
Yes No
3. Does this person/frm possess a skill noi normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
. initiating Prohlem, Issues, Opportunity (Who, What, When, Where, Why):
' The State law changed last legislative session to allow municipalities the ability to issne this license. This oridnance grants the CiTy of
i Saint Paul the authority to issue these licenses to establishments. Resriictions are contained in this ordinance regarding eligibility for
I this license.
�� Advantages If Approved: �
Disadvantages If Approved:
Disadvantages If Not Approved:
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ToWI Amount of CosVRe�enue Budgeted:
, Transaction:
Funding Source:
Financial Infortnation:
(F�cplain)
June 4, 2008 225 PM
Activity Number:
Page 1
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Chan2es to RNC 4:00 a.m Ordinance
Chapter 409 Changes:
Added sentence on lines 27-29: "The RNC 4:00 a.m. pemut shall not allow
consumprion, display or service of alcoholic beverages after 2:00 a.m. outdoors including
on any patio or sidewallc cafe "
Added secrion (� at lines 40-44: "Presumptive penalties during the 2008 Republican
National Convention: For purposes of the pena7ty mahix at 409.26(b) and 310.05(m) of
the Saint Paul Legislative code, the presumptive penalty far establishxnents found to
serve, display, or allow consumption of alcoholic beverages after 2:00 am. between
August 31, 2008 and September 5, 2008 when that establishment does not hold an RNC
4:00 a.m. permit is $2,000.00 per incident."
Chapter 410 changes:
Added sentence on lines 34-35: "The RNC 4:00 a.m. permit shall not allow consumption,
display or service of 3.2 percent malt liquor a8er 2:00 a.m. outdoors including on any
patio or sidewaik cafe."
Added section o-2 at lines 48-52: " Presumptive penalties during the 2008 Republican
National Convention: For purposes of the penalty matrix at 310.05(m} of the Saint Paul
Legislative code, the presumptive penalty for establishments found to serve, display, or
allow consumption of 3.2 percent malt liquor a$er 2:00 a.m. between August 31, 2008
and September 5, 2008 when that establishment does not hold an RNC 4:00 a.m. permit
is $2,000.00 per incident."
ConncilF`ile# 08-608
Green Sheet # 3055015
ORDINANCE
OF SAINT PAUL, MINNESOTA
1 An Ordinance Allowing Special Permits For Egtended
2 Honrs For Service Of 3.2 Percent Malt Liqnor In
3 Licensed Establishments
5 `� Section 1
6 Section 410.04 of t� Saint Paul I.egislative Code 1s Hereby Amended To Read As Follows:
7 �
8 Sec. 410.04. Regalation�
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10 (a) Restrictions on minors.
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as used hezein, is any person under the age of twenty-one (21) years.
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(c) Sales prohibited; hours. No such ninto�cating malt liquors shall be sold either on-sale or off-sale
between the, hours of 1:00 a,m. aud 8:0 a.m. on any weekday, Monday through Saturday inclusive,.nor
between the hours of 1:00 a.m. and 12:00 oon on Suxidays. Notwithstanding the foregoing, an
establishment wYuch has received a permit m the state which authorizes sale of 3.2 percent malt liquor
on-sale between the hours of 1:00 a.m. and 2: a.m. may make such sales if it has provided a copy of the
permit to the director of the department of safe � d inspections. No on-sale licensee shall permit any
such nonintoxicating malt liquors to be cousumed' its premises during the hours when the sale thereof is
by this chapter prohibited. Notwithstanding the foreg ' g, establishments holding on-sale licenses issued
under this chapter may remain open for the sale of foo er the hours of sale provided therein and until
3:00 a.m. if they have fust obtained an extended service ense. Such license shall be a class III license.
Applicafion shall be made on such forms as may be provid by the department of safety and inspections.
The fee for such license shall be estabL=shed by ordinance as p vided in section 310.09(b) of the
Legislative Code. The regulations in section 409.07.1(b), and no ce and consent requirexnents in section
409.07.1(c) of the Legislative Code shall apply to extended seroic�licenses under tlus chapter.
33 4:00 a.m. nermit under the followine conditions:
34 1 Apnlicant must hold a valid on-sale 3 2 percent malt liauor
35 sales.
36 2. Aroplicant must hold a validpermit for 2:00 a.m closine ne�
37 Mnmesota.
38 3 Applicant must comnlete an apnlicarion urovided bv the De
39 Insnections�and nav RNC 4�00 a m nemut fee of $2500 00
40 4. In all areas excent the downtown develoument dishict and c
41 dishicts. aurolicant estahlishment mnet havP at lPact �97 aPat
42 Deparhnent of Safetv and n ections
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44 (d) ancing. Dancing wherein the public participates and dancing, singing and other vaudeville exhibitions
45 or en rtainment are hereby at all times prohibited on the premises of any off-sale licensee; provided,
46 howeve that if such premises are duly licensed for entertainment, such dancing, exhibitions or
47 entert � nt may be pernutted.
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53 This Ordinance shall
54 publication.
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Section 2
e effect and be in force thirty (30) days following its passage, approval and
Yeas Nays Absern
Bostrom
Carter
Harris
Helgen
Lantry
Stark
Thune
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Requested b e ent of:
BY� �
Approved by the Office of Financial Services
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By: �
Ap ve y City Attomey�
BYP
Approve by Mayor for Submissiot Council
By: � ��
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