08-1357Substitute -1(14/2009
Council File #Q8 - /3`.J �
Green Sheet # ` 3 p(�t�(�, 9 �
ORDINANCE
Presented by
CIT�-af
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PAUL, MtNNESOTA
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1
2 SUBSTITUTE
3 An Ordinance Amending Chapter 409A7 Of The Saint Pau1 Legislative Code To
4 Prohibit 2:00 a.m. Closing For Establishments
5 Holding Only On-Sale Wine and On-Sale Malt Licenses, �
6 And Eliminating Expired License Type. ���
8 THE CC3I3NCIL OF THE CITY OF SAINT PAL3L DOES ORDATN: � ��?�0,�
10
Section 1
11 Section 409.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
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Sec. 409.07. Hours of sale; Sunday sales, etc.
(a) On-Sale Hours of sale.
f 1� Intoxicating Liquor on-sale. No sale of intoxicating liquor shall be made after 1:00 a.m. on
Sunday nor until 8:00 a.m. on Monday. No on-sale shall be made between the hours of 1:00
a.m. and 8:00 a.m. on any weekday.
� Sales after 1:00 a.m. Establishments holding onlv on-sale wine andJor on-sale malt liquor
licenses shall not be elieible to sell wine andlor inalt IicLuor after 1:00 am. "'^'•��*��
*"°Q�-`�~�g�� g An establishment holdinQ on-sale licenses other than on-sale wine and/or on-
sale malt which has received a permit from the state which authorizes sale of intoxicating
liquor or 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 directar of the department of
safety and inspections. An establishment holding only on-sale wine ancUor on-sale malt
liquor licenses which also has a state 2:00 a.m. pennit on 7anuarY 1 2009 mav continue to
make such sales unti12:00 a.m. unless or until the on-sale wine andlor on-sale malt liquor
license is discontinned for any reason.
(b) Off-sale Hours of Sale. No off-sale shall be made before 8:Q0 a.m. or after 5:00 p.m. of any day
except off-sale shall be permitted on Friday and Saturday until 10:00 p.m. No off-sale shall be
made on Thanksgjving Day ar Chrishnas Day, December 25. If the sale of liquors is not otherwise
prohibited on 7uly 3, the date preceding Thanksgiving Day or on December 31, off-sale may be
made until 10:00 p.m.
(b)
Sunday sales:
(1 } Notwithstanding the provisions of paragraph (b), establishments to which on-sale licenses
have been issued or hereafter may be issued for the sale of intoxicating liquors which are
hotels or restaurants and which haue facilities for serving no fewer than fifry (50) guests at
one (1) time may serve intoxicating liquors between the hours of 10:00 a.m. on Sundays and
1:00 a.m. on Monday in conjunction with the serving of food, but no liquor shall be served
on Sundays other than to persons who are seated at tables; provided, that the licensed
establishment is in conformance with the Minnesota Clean Indoor Aix Act. Notwithstanding
the faregoing, an establishment with has received a permit from the state which authorizes
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08-1357
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sale of intoxicating liquor or 32 percenY malt liquor on- sale between the houxs 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.
It is unlawful far any such establishment, directly or indirectly, to sell or serve intoxicating
liquors as provided in subparagraph (1) above without having first obtained a special license
therefor. Such special license may be issued by the council for a period of one (1) year and
for which the fee shall be two hundred dollars ($ 200.00). Application for said special
license shall be made to the council in the same manner as application for other licenses to
sell intoxicating liquor are made.
(c) No consumption or display when prohibited. No person shall consume or display ar allow
consumption or display of liquor upon the premises of an on-sale licensee at any time when the sale
of such liquor is not permitted.
(d) Private Chrisrinas parties. Notwithstanding any other provision of the Legislative Code, the license
holder of premises having an on-sale license may once a year during the Christmas season have a
private party at no charge to the guests after the lawful closing hours; provided, that a written
request for said party is submitted to the license inspector thirty (30) days prior to the proposed date
of the party; and provided further, that no sales as defined by 1aw of intoxicating liquars or
nonintoxicating malt liquor shall be made at or during said party. The inspector shall notify the
chief of police of the date of each proposed party.
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08-1357
Section 2
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92 This Ordinance shall take effect and be in force thiriy (30) days following its passage, approval and
93 publication.
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Requested by Department of:
By:
Approved by the Office of Financial Services
By:
Appto y City Attomey
By: 1 �G.Q.T� I-t�-�
Approved by Mayox for Submission to Council
By:
Adoprion Certified by C uncil Secretary
By� __� •
Approv by y: Dat t 2?
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenYOFficefCouncil: Date Initiated:
--- US' � �
S � _Depi.of5afety&tnspections Z6_NOV-08 Green Sheet NO: 3064695
Contact Person & Phone:
Christine A. Rozek
266-9108
Must Be on Council Agenda by (Date):
03-DEC-0B
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Assign 2
Num6er 3
For
Routing 4
De ao r�ment Dirtttor _ _ _
MayodAssistant __ __
Doc. Type:ORDINANCE Ortler 5 Ciry Cterk _ C� Clerk
E-DoGUment Required: Y �
Docume�iCOntact: RobertHUmphrey �
� Contact Phone: 266-9123
Total # of Signature Pages _(Clip AII i_ocaqons for Signature) `
_ _ ______.__—__._._ _ —____
� Adion Requested: � � �
', Approval of an Ordinance amending Chaptec 409.07 of the Saint Paul Legislative Code to prohibit 2:00 AM closing for
' astablishments hoiding On-Sale Wine and On-Sale Malt Licenses, and eliminating expired license types.
' Recommendations: Approve (A) or�Re�ect (ft):
Planning Commission
CIB Committee
_ _ _ Civil Service Gommission
� personal Service Cont2cts Must Answer the Pollowing Questions:
I, 1. Has th�s personlflrm ever worked under a contract fw this department?
Yes No
�, 2. Has this person/firm ever been a city employee?
Yes No
� 3. Does this personffirm possess a skill not normally possessed by any
curcent ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
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f InBiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
; The 2:OOAM On-Sale Wine License and On-Sale Malt License are not being used by establishments as intended. Wine and beer are
�, menu items only and are intended to be served with food. There aze very few, if any,�establishments that keep their restauxants open
� unti12:00 AM. In addition, we a�e takmg out the RNC language as it is no longer necessary.
`--- — - - - - — - ----
I Advantages If App�oved�
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L ---______'_'__ __ _'_ _ _ _ _ _ _ _ _
� DisadvantageslFApprovetl:
� Disadvantages If Not Approved: �
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Total Amount of CosYRevenue Bud eted:
Transaction: 9
Funding Source: Activity Number:
Financia l Information:
(Explain)
November 26, 2008 9:09 AM Page 1
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`}"�1%"A""'"�,1
Council File # b$ � �?jyj 7
Green Sheet # 3Q64695
CITY OF
nt�d by
Section 1
Section 409.07 of the Saint Paul �,egislative Code is hereby amended to read as follows:
Sec. 409.07. Hours of sale; Sunday �ales, etc.
(a) On-Sale Hours of sale. '��
Amending Chapter 409.07 Of The Saint Paul Legislative Code To
Prohibit 2:00 a.m. Closing For Establishments
Holding Only On-Sale Wine and On-Sa1e Malt Licenses,
And Eliminating Expired License Type.
THE COt�?NCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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Sunday nar unti18:00 a.m.
a.m. and 8:00 a.m. on any
�2,� Sales after 1:00 a.m. Estat
ORDINANCE
PAUL, MINNESOTA
10 sale of intoxicating liquor shall be made after 1:00 a.m. on
Monday. No on-sale shall be made between the hours of 1:00
�=n establishment holdi�g on-sale licenses other than on-sale wine and/or on-
sale malt which has received a permiY�from the state which authorizes sale of intoxicating
liquor or 3.2 percent malt liquor on-sal�,between the hours of 1:00 a.m. and 2:00 a.m. may
make such sales if it has provided a copy �f the permit to the duector of the depariment of
safety and inspections. On-sale wine andJohon-sale malt licensees holdine a permit to sen
by the State expires. ���
jb) Off-sale Hours of Sale. No off-sale shall be made before'a8:00 a.m. or after 8:00 p.m. of any day
except off-sale shall be permitted on Friday and Saturday ii�til 10:Q0 p.m. No off-sale shall be
made on Thanksgiving Day ar Christmas Day, December 25:�If the sale of liquors is not otherwise
prohibited on Ju1y 3, the date preceding Thanksgiving Day or qn December 31, off-sale may be
made until 10:00 p.m. i �
(b) Sunday sales: �`,�
(1) Notwithstanding the provisions of paragraph (b), establishme ts to which on-sale licenses
have been issued or hereafter may be issued for the sale of into ��cating liquors which are
hotels or restaurants and which have facilities for serving no few�r than fifty (50) guests at
one (1) time may serve intoxicating liquoxs between the hours of 1�:00 a.m. on Sundays and
1:00 a.m. on Monday in conjunction with the serving of food, but no iquor shall be served
on Sundays other than to persons who are seated at tables; provided, th t tha licensed
establishment is in confom�ance with the Minnesota Clean Indoar Air A t. Notwithstanding
the foregoing, an establishment with has received a permit from the state�ich authorizes
sale of intoxicating liquor ar 3.2 percent malt liquor on- sale between the ho��,rs of 1:00 a.m.
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(c)
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.
2) It is unlawful for any such establishment, directly or indirectly, to sell or serve intoxicating
liquors as provided in subpazagraph (1) above without having first obtained a special license
therefor. Such special license may be issued by ihe council for a period of one (1) year and
far which the fee shall be two hundred dollars ($ 200.00). Application for said special
� ense shall be made to the council in the same manner as application for other licenses to
se1� toxicating liquor are made.
I3o consump`6ion or display when prohibited. No person shal] consume or display or allow
consumption or•. of liquor upon the premises of an on-sale licensee at any time when the sale
of such liquor is '�ot permitted.
(d) Private Christmas parties. Notwithstanding any other provision of the Legislative Code, the license
holder of premises ha�ing an on-sale license may once a year during the Chrisrinas season have a
private party at no charge to the guests after the lawful closing hours; provided, that a written
request for said party is s�bmitted to the license inspector thirty (30) days prior to the proposed date
of the party; and provided fiv,rther, that no sales as defined by law of intoxicating liquors or
nonintoxicating malt liquor sh�11 be made at or during said party. The itispectar shall notify the
chief of police of the date of eac� proposed party.
sales;
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$eCtlOri 2
90 This Ordinance shall take effect and be in force thirty (34) days following its passage, approval and
91 publicarion.
92
Yeas Nays Absent Requested by Department of:
Bostrom � ,
Carter
Harris B f
Helgen Approved by the Office of Financial�ervices
, __�.
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
B
Appr by Ciry Attomey
$y ; � � �� f t �Lb�
Approved or r ub n o Council�.
By:
�
Adopted by Councii: Date _ _