94-1033 Council File #
ORIGINAL ' 1 1 719 Ordinance # 9 — /0:33
Green Sheet #
ORDINANCE 35
` � C ITY O ' SAINT PA L, MINNESO2A
4.
Referred To Committee: Date
1
2
3 An ordinance to allow restaurants
4 in the downtown business district
5 to allow the sale and service of
6 alcoholic beverages in sidewalk cafes.
7
8 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
9
10 Section 1
11
12
13 Section 106.01 of the Saint Paul Legislative Code is hereby amended to read as
14 follows:
15
16 "Sec. 106.01. Obstruction.
17
18 (a) Encumbrances or obstructions prohibited. No person shall encumber or obstruct
19 any sidewalk, lane, alley, public ground, public landing, wharf or pier, or other public
20 place by placing thereon or therein any building materials, carriages, carts, wagons,
21 sleighs, boxes, lumber, firewood, pqsts, awning or any other materials or substance
22 whatever.
23
24 (b) Sidewalk cafe exemption. Any food establishment which operates a restaurant
25 and is licensed under Chapter 331 of the Legislative Code, may, with notice to the
26 license inspector, expand the operation of that restaurant onto a part, and only that part,
27 of the public sidewalk which immediately adjoins the licensed premises (hereafter
28 referred to as "sidewalk cafe "). The following restrictions shall apply; provided, however,
29 that the license inspector may without adverse hearing procedures impose additional
30 reasonable restrictions or withdraw approval upon the operation of any sidewalk cafe
31 where necessary in the judgement of the license inspector to protect the public health,
32 safety or welfare or to prevent a nuisance from developing or continuing:
33
34 (1) No sidewalk cafe shaill be permitted in any portion of the public sidewalk
35 where normal pedestrian traffic flow is obstructed. A minimum clearance
36 width of thirty -six (36) inches must be maintained on the public sidewalk at
37 all times.
38
39 (2) No tables, chairs or any other furnishings, except plant tubs, shall be placed
40 in the area used for the sidewalk cafe during any period when the sidewalk
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1 cafe is not open and being operated. While such cafe is in operation, all ��
2 tables and chairs shall be kept in a clean, sanitary condition.
3
4 (3) The use of a portion of the public sidewalk as a sidewalk cafe shall not be
5 an exclusive use. All public improvements, including, but not limited to,
6 trees, light poles, traffic signals, pull boxes or manholes, or any public-
7 initiated maintenance procedures, shall take precedence over said use of
8 the public sidewalk at all times.
9
10 (4) No alcoholic beverages shall be allowed in the sidewalk cafe at any time.
11 Such activity is governed by subsection 409.06(e)(2) of this Legislative
'.' . •..:.:
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29 t o :c w&r.: = side :::cafes :. deemed : >:: t o ` t e hoe. :d
30
31
32 (5) As part of a sidewalk cafe, no plant tub shall be located or maintained:
33
34 a. Without the approval of the director of public works;
35
36 b. In any alley;
37
38 c. At any location where the distance from the face of the curb to the
39 inside sidewalk is less than eight (8) feet;
40
41 d. At any location less than fifty (50) feet from the nearest point of
42 intersection with a street, except eighty (80) feet in bus loading
43 areas, unless the director of public works shall approve;
44
45 e. Any closer than ten (10) inches from the face of the curb; and
46
47 f. At any location which, in the opinion of the director of public works,
48 interferes with pedestrian traffic.
49
50 (6) It shall be the duty of the licensed food establishment to maintain each
51 plant tub at all times in a safe condition at its proper location and to
2
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1 inspect each such tub periodically in order that it may be properly 33
2 maintained. Trees or plants and their tubs shall at all times be kept in a
3 neat, clean and presentable condition. No advertising matter or sign or
4 writing of any kind shall be displayed upon any tree or plant or its tub.
5
6 (7) No sidewalk cafe exemption shall be effective unless the licensee has filed
7 with the license and permit division evidence of insurance insuring the
8 licensee against liability imposed by law arising out of the ownership,
9 maintenance or operation of such sidewalk cafe in an amount to be
10 established by the city's risk manager. The city shall be named an
11 additional insured in the policy, providing such insurance and such policy
12 shall further provide that it may not be canceled except upon ten (10) or
13 more day's written notice filed with the license and permit division.
14
15 • ea • nut midst
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23
24
25 Section 2
26
27 Section 409.06(e) of the Saint Paul Legislative Code is hereby amended to read as
28 follows:
29
30 "(e) Premises of license. No on -sale or off -sale license shall be effective beyond the
31 compact and contiguous space named in such license and for which the same was
32 granted, except that an on -sale license granted for sales in the dining room of any hotel
33 may permit sales of liquor with meals in additional dining rooms open to the public and
34 s pecified in the license if meals are regularly served to guests therein. If meals are
35 regularly served to guests in guest rooms in any such hotel, liquor may be sold in such
36 gu est rooms but only with meals; provided, that such guest rooms must be specified in
37 the license grante No sales shall be made upon the premises of an on -sale licensee
38 exce u pon the ground floor; provided, however, that this limitation shall not apply to a
39 hotel duly licensed to se on another floor as in this section provided; and provided
40 further, that a licensee shall be permitted to sell at a place in a building other than the
41 ground floor if a license has been granted for sales on a floor other than such ground
42 floor. All licenses granted hereunder shall set forth the exact location within the building
43 structure where such sales may be made and no sale shall be permitted except in that
44 part of the premises defined in the license, except as provided in the following
45 subsections (1) through (8):
46
47 (1) The council may, by resolution, permit any licensee to sell or serve
48 intoxicating liquors in areas outside the building structure which are
49 immediately adjacent to and contiguous with the structure containing the
50 licensed premises. Such outside service areas shall be seasonal, and shall
51 not involve an enlargelment of the building structure. Such permission shall
3
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94-(
1 not be granted unless 411 the conditions of subsections (1) through (8) and
2 all pertinent provisions of the zoning code are satisfied.
3
4 (2) No outside service area shall be permitted unless the licensee presents with
5 his or her application for such outside service area a statement in writing
6 by ninety (90) percent of the owners and tenants of all private residences,
7 dwellings and apartment houses located within two hundred (200) feet of
8 the proposed outside service area that they have no objection to such
9 service area. Measurements shall be determined from the property life of
10 the licensed premises to the property line of the residential uses; provided,
11 however, that where the licensed premises is located within a shopping
12 mall or shopping center the measurements shall be determined from the
13 nearest corner of the building in which the licensed premises is located to
14 the property line of the residential uses.
15
16 (3) Off- street parking spaces may not be reduced by the establishment of an
17 outside service area below the number of off - street parking spaces which
18 would be required if the licensed premises together with the outside service
19 area were to be newly constructed in conformity with the zoning code;
20 provided, however, that this requirement may be modified by the council
21 by resolution in accordance with the procedures and substantive criteria
22 provided in section 409.08(11)e. of this Legislative Code.
23
24 (4) No outside service area shall be permitted unless the licensee provides, in
25 addition to other requirements of law, safety barriers or other enclosures to
26 protect patrons from any hazards, including vehicular traffic.
27
28 (5) No outside service area shall be located on public property or upon any
29 street, alley or sidewalk, nor shall such outside service areas hinder or
30 obstruct vehicular or pedestrian traffic on any street, alley or sidewalk.
31 NaNtigaidigthet ` :•:.:::: >s d <s bee es
32 withinvoidowalletat" Airwr d >establ sittlent >tbe >do *� su
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35 10601 : >l < . ' ": • . :. o°d pis< p;: tt it
36
37 (6) The council may deny any application for an outside service area where it
38 has reason to believe, or may revoke its permission for such an outside
39 service area where it is satisfied, that the impact of such outside service
40 area on adjoining property will be, or has been, any of the following:
41
42 a. Loud, boisterous or disturbing noise levels;
43
44 b. Hazardous traffic conditions;
45
46 c. Offensive, obnoxious or disturbing odors;
47
48 d. Excessive litter,
49
50 e. Excessive artificial lighting;
51
4
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1 f. Substantial decrease in adjoining property values; or 94 -to 33
2
3 g. Any other condition inconsistent with the reasonable use and
4 enjoyment of adjoining property and inconsistent with the health,
5 safety, morals and general welfare of the adjoining neighbors or
6 community.
7
8 (7) Permission to sell and serve intoxicating liquor in or upon any outside
9 service area may be revoked by the council on three (3) days' notice to the
10 licensee, pursuant to information received at a public hearing before said
11 council. The information need not be received under oath, but must
12 reasonably satisfy the council as to the existence of any or all of the
13 conditions listed in subparagraph (6). The public hearing shall be
14 conducted with such formal or informal procedures as the council may
15 permit, so long as the licensee and any complaining parties have an
16 opportunity to be heard.
17
18 (8) The licensee shall, with respect to any outside service area, comply with all
19 applicable provisions of law and regulations in regard to the sale and
20 service of intoxicating liquor, including, without limitation by reason of this
21 specification, all applicable regulations contained in sections 409.08 and
22 409.09 of this chapter."
23
24
25 Section 3
26
27 Chapter 245 of the Saint Paul Legislative Code is hereby amended to read as
28 follows:
29
30 "Chapter 245. Drinking in Public
31
32 Sec. 245.01. Drinking in public prohibited.
33
34 No person shall drink intoxicating liquors in any place open to the public within
35 the City of Saint Paul, nor shall the proprietor or manager of any such public place, if
36 such public place is a building structure, permit such drinking upon his premises.
37
38 Sec. 245.02. Exceptions.
39
40 This chapter shall not be considered as prohibiting the drinking of intoxicating
41 liquors in a building structure open to the public, if such building is one within which
42 sales of intoxicating liquors for consumption on the premises where sold are permitted by
43 duly licensed persons under the ordinances of this city; provided, however, that drinking
44 in such a building shall be permitted only in that portion of the building constituting the
45 licensed premises, and only within the hours when sales of intoxicating liquors are
46 permitted and for a period of one -half hour thereafter . o *A1 ro s
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51
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1 Sec. 245.03. Definition of liquor. y _ 10
2
3 For the purpose of this chapter, "intoxicating liquor" is hereby defined to mean
4 and include ethyl alcohol and any distilled, fermented, spirituous, vinous or malt liquid of
5 any kind, potable as a beverage, which liquid contains an alcoholic content in excess of
6 three and two- tenths (3.2) percent thereof by weight.
7
8 Sec. 245.04. Exceptions for annual festivals.
9
10 (a) Taste of Minnesota festival. No person shall have in his possession or drink
11 intoxicating liquor, nonintoxicating malt liquor or wine at the State Capitol or on its
12 surrounding property at the annual Taste of Minnesota Festival held for the purpose of
13 commemorating the Fourth of July holiday. This prohibition shall not be applicable to
14 nonintoxicating malt liquor or wine purchased and consumed on the Capitol grounds
15 from a duly licensed on -sale establishment.
16
17 (b) Riverfest Festival. No person shall have in his possession or drink intoxicating
18 liquor, nonintoxicating malt liquor or wine at Harriet Island or on its surrounding
19 property at the annual Riverfest Festival or annual summer festival held on Harriet
20 Island or on its surrounding property. This prohibition shall not be applicable to
21 nonintoxicating malt liquor or wine purchased and consumed on the Harriet Island
22 grounds or surrounding property from a duly licensed on -sale establishment.
23
24
25 Section 4
26
27 Chapter 246 of the Saint Paul Legislative Code is hereby amended to read as
28 follows:
29
30 "Chapter 246. Drinking on Streets and in Parks*
31
32 Sec. 246.01. Drinking on streets and in parks.
33
34 No person shall upon the public streets, lanes or alleys of the city, or in any park,
35 playground or recreation center owned by or under the jurisdiction or control of the City
36 of Saint Paul or in any parking lot or area within or adjacent to such park, playground or
37 recreation center, or being a trespasser upon the private premises of another, drink or
38 have in his /her possession in an opened container any intoxicating liquor, intoxicating
39 malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever. No
40 person shall in any park, playground or recreation center owned by or under the
41 jurisdiction or control of the City of Saint Paul or in any parking lot or parking area
42 within or adjacent to such park, playground or recreation center, or being a trespasser
43 upon the private premises of another, have in his possession any intoxicating liquor,
44 intoxicating malt liquor, nonintoxicating malt liquor or alcoholic beverage of any kind
45 whatever. No person shall have in his possession any intoxicating liquor, intoxicating malt
46 liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever upon any
47 public street, lane or alley located within the boundaries of such a park, playground or
48 recreation center; provided, however, that it shall be an affirmative defense that
49 possession was for the purpose of transportation of such liquor or beverage through the
50 park, playground or recreation center or to a designated shelter, facility or area as
51 provided herein, and where such liquor or beverage is in an unopened container.
6 Pea 8.. "'9''
1 Notwithstanding the foregoing, any person may, from 8:00 a.m. to 8:00 p.m., within picnic 94_ j033
2 shelters, facilities or areas within any park, playground or recreation center, which are
3 designated for that purpose by the director of the department of community services or
4 his delegate, drink or have in possession nonintoxicating malt liquor. Notwithstanding
5 any other provision of this chapter, the director of the department of community services
6 or his delegate may issue permits for the consumption of intoxicating liquor in Town
7 Square Park and Phalen Park Clubhouse during hours in which the sale of liquor by the
8 drink is permitted by state law. All permits shall be subject to regulations which have
9 been proposed by the director of the department of community services and approved by
10 the city council. Copies of the regulations shall be on file in the offices of the city clerk,
11 director of the department of community services, and the superintendent of parks and
12 recreation. Such regulations may be amended by the council by resolution.
13
14 Sec. 246.02. Seizure and impoundment.
15
16 All intoxicating liquor, intoxicating or nonintoxicating malt liquor, or alcoholic
17 beverages, drunk or possessed in violation of this chapter shall be seized and impounded
18 as evidence of said violations. Such evidence shall be destroyed by the department of
19 police upon a plea or finding of guilty in regard to any of said violations.
20
21 Sec. 246.03. Not applicable on licensed premises.
22
23 This chapter shall not apply to or prohibit the sale, possession or consumption of
24 such liquors or beverages on the premises of any establishment properly licensed under
25 Chapter 409 or Chapter 410 of the Saint Paul Legislative Code.
26
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29 bus ss € ist :•' . w t r is Ii± ed >: a recta awn under s np* j)IO >t e> > .:: • .. • e
::::::::":::: ie:::.'' �::::: x: 5::::: F ::::::::::::::::: i::::::: � ':r::::::::::::::::::::::::::�' • ::: t:::::: �::::: �::::::::::: i:::::: � i:: i:::: i:::: is�: <:i:::::::::: < ::. . ..;:. �::i:� •:.:::::: ' SrS:::i: ":::;::';::;:%::::: �::i::: •::i::::::::::
30 ::::::_;:: >wln:" > ::
31 `a'p`
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32
33
34 Sec. 246.04. Designation of permitted shelters, facilities and areas.
35
36 The director of the department of community services shall promulgate, by filing
37 with the city clerk, a list or description of the picnic shelters, park facilities or park areas
38 within which the possession and consumption of nonintoxicating malt liquor is permitted
39 by this chapter between the hours of 8:00 a.m. and 8:00 p.m., together with such maps or
40 illustrations as may assist the public to comply with this chapter. The director shall also
41 direct that appropriate signs be erected at locations in which the consumption and
42 possession of nonintoxicating malt liquor is permitted. It shall not be a defense to a
43 charge of violation of this chapter that such informational signs, maps or illustrations are
44 defaced or removed from the shelters or facilities designated, so long as the list required
45 by this section has been filed with the city clerk.
46
47 Sec. 246.05. No consumption at any time in certain parks.
48
49 The director of the department of community services shall not have the power to
50 designate any shelter, facility or place within Hidden Falls Park or Crosby Lake Park for
51 permitted possession or consumption of nonintoxicating malt liquor. No person shall at
7 Aga g -t5 -91
1 any time consume or possess any intoxicating liquor, intoxicating or nonintoxicating malt 1 y _ X033
2 liquor, or alcoholic beverage of any kind in Hidden Falls Park or Crosby Lake Park.
3
4 Sec. 246.06. Definitions.
5
6 The following definitions shall apply in the interpretation and enforcement of this
7 chapter:
8
9 (1) The term "intoxicating liquor" and the term "intoxicating malt liquor" mean
10 and include ethyl alcohol, distilled, fermented, spirituous, vinous or malt
11 beverages containing in excess of three and two- tenths (3.2) percent of
12 alcohol by weight or containing in excess of four (4.0) percent alcohol by
13 volume.
14
15 (2) The term "nonintoxicating malt liquor" means and includes any malt liquor
16 containing not less than one -half of one percent (1/2 of 1 %) of alcohol by
17 volume nor more than three and two- tenths (3.2) percent of alcohol by
18 weight.
19
20 (3) The term "alcoholic beverage" means and includes any beverage containing
21 ethyl alcohol in any quantity or amount."
22
23
24 Section 5
25
26 This ordinance shall take effect and be in force thirty (30) days following its
27 passage, approval and publication.
28
29
30
31
32
33
Blakey Yea'' Nays Absent Requested by Department of:
Harris
Grimm /
Guerin 1/
Me ara �`-
Rettman , -1
Thune By.
Form Approved by City Attorney
Adopted by Council: Date .k Ill) ttc u
p
J Dp r
Adoption Certified by Council Secretary By: , (,-ZS-4
By: Ilk , Y Approved by Mayor for Submission to
Approved by Ma Date MC Council
/ / By:
OCT - $ 1994
}
‘
DEPARTMENT/OFFICE/COUNCIL DATE STIATED N° 2 9 2•
City Council 7/ 3/94 GREEN SHEET ,NITIAL,DATd
CONTACT PERSON & PHONE p DEPARTMENT DIRECTOR CITY COUNCIL
Jerry Blakey 266 -8610 ASSIGN p CITY ATTORNEY El CITY CLERK
MUST BE • ! • BY (DATE) Rom F BUDGET DIRECTOR El FIN. & MGT. SERVICES DIR.
ORM ❑ MAYOR (OR ASSISTANT)
TOTAL # OF SIGNATURE PAGES (CUP I1LL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
An ordinance to allow restaurants in the downtown business district to allow the sale and service of alcoholic beverages in sidewalk
cafes.
RECOMMENDATIONS: Approve (A) or Ryes (R) PPISONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department?
_ CIS COMMITTEE YES NO
2. Has this person/firm ever been a city employee?
_ STAFF YES NO
_ DISTRICT COURT 3. Does this person/firm possess a skill not normally possessed by any current cfty employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Exeleln all yes answers on separate sheet and attach to Shen sheet
INITIATING PROBLEM, ISSUE. OPPORTUNITY (Who. Whet. When, Where, Why):
ADVANTAGES IF APPROVED:
Provide restaurants in the downtown area to increase visibilty and potential sales. Provide for a downtown attraction to • •
DISADVANTAGES IF APPROVED:
None
DISADVANTAGES IF NOT APPROVED:
Lost business opportunities for local establishments.
4
TOTAL AMOUNT OF TRANSACTION $ COST /REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 298.4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. Budget Director
3. City Attorney 3. City Attorney
4. Mayor (for contracts over 815,000) 4. Mayor /Assistant
5. Human Rights (for contracts over $50,000) 5. City Council
6. Finance and Management Services Director 6. Chief Accountant, Finanoeand Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS (all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the #of pages on which signatures are required and paperclip or flag
each of these pages.
ACTION REQUESTED
Describe what the project/request seeks to accomplish in either chronologi-
cal order or order of importance, whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete 11 the issue in question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s) your project/request supports by listing
the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE UST IN INSTRUCTIONAL MANUAL)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the city's liability for workers compensation claims, taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE, OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefit from this projecUaction.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this project/request produce if it is passed (e.g., traffic delays, noise,
tax increases or assessments)? To Whom? When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved? Inability to deliver service? Continued high traffic, noise,
accident rate? Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is it
going to cost? Who is going to pay?
Council File # 9 _ Ar3
o Ordinance
Green Sheet # v2 gc27e
ORDINANC
CITY OF SAINT PAU 4.1, IN : OTA 34
Presented By -44K 1 J �.. i ' . I .J11' 01111\ �'
Referred To �� 411 ' ►CL_*1O1 , Committee: Date 7 - 9
1
2
3 An ordinance to allow restaurants
4 in the downtown business district
5 to allow the sale and service of
6 alcoholic beverages in sidewalk cafes.
7
8 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORD •
9
10 Section 1
11
12 Section 106.01 of the Saint Paul Legislative Code is ereby amended to read as
13 follows:
14
15
16 "Sec. 106.01. Obstruction.
17
18 (a) Encumbrances or obstructions prohibite'. No person shall encumber or obstruct
19 any sidewalk, lane, alley, public ground, public . nding, wharf or pier, or other public
20 place by placing thereon or therein any build' g materials, carriages, carts, wagons,
21 sleighs, boxes, lumber, firewood, posts, awni - g or any other materials or substance
22 whatever.
23
24 (b) Sidewalk cafe exemption. Any ood establishment which operates a restaurant
25 and is licensed under Chapter 331 of e Legislative Code, may, with notice to the
26 license inspector, expand the opera . n of that restaurant onto a part, and only that part,
27 of the public sidewalk which ately adjoins the licensed premises (hereafter
28 referred to as "sidewalk cafe "). e following restrictions shall apply; provided, however,
29 that the license inspector may thout adverse hearing procedures impose additional
30 reasonable restrictions or wit • raw approval upon the operation of any sidewalk cafe
31 where necessary in the judg- ent of the license inspector to protect the public health,
32 safety or welfare or to prey - nt a nuisance from developing or continuing:
33
34 (1) No sidew. k cafe shall be permitted in any portion of the public sidewalk
35 where . rmal pedestrian traffic flow is obstructed. A minimum clearance
36 width .f thirty -six (36) inches must be maintained on the public sidewalk at
37 all f es.
38
39 (2) N. tables, chairs or any other furnishings, except plant tubs, shall be placed
40 i the area used for tote sidewalk cafe during any period when the sidewalk
(37-13 -ti
ORIGINAL
'776 -��
cafe is not open and being operated. While such cafe is in operation, all
2 tables and chairs shall be kept in a clean, sanitary condition.
3
4 (3) The use of a portion of the public sidewalk as a sidewalk cafe shall not be
5 an exclusive use. All public improvements, including, but not limited to,
6 trees, light poles, traffic signals, pull boxes or manholes, or any public-
7 initiated maintenance procedures, shall take precedence over said use of
8 the public sidewalk at all times.
9
10 (4) No alcoholic beverages shall be allowed in the sidewalk cafe at any time.
11 Such activity is governed by subsection 409.06(e)(2) of this Legislative
12 Code. powwow tandu > the for ., .o € >:the al < an` iamoj ak tholic
13
h : > ►.:: >a d >e bl sh ent x o t ::: usu s::> : :> .c
14 is lice : s. d:: ::;a::<restau: n1::> >: cti n < >. :<the L .. l t v ; >:;';:. :.: :
15
i:: :::::: iiii ?i <ti ^iiiiii }ii }: :1 i:. iiik::l:; :::; . ::'v; ii: ':4iiiiiJii::
16 d:o to >1bt u: es ° . rr i <:d :fin ..:
:. i:. i>:.::.::. i:.;:. i::.: i:.: i:. i:. i:.:;. i:.: :.: :.::.::.:: ....... :.. ..... .. ..........:... .:........ .....:...... ,:.....:...:. ..:......:.......:.............
17
18 (5) As part of a sidewalk cafe, no plant tub shall be locat- d or maintained:
19
20 a. Without the approval of the director of pu • is works;
21
22 b. In any alley;
23
24 c. At any location where the distance rom the face of the curb to the
25 inside sidewalk is less than eight :) feet;
26
27 d. At any location less than fift (50) feet from the nearest point of
28 intersection with a street, e cept eighty (80) feet in bus loading
29 areas, unless the director • f public works shall approve;
30
31 e. Any closer than ten 0) inches from the face of the curb; and
32
33 f. At any location :w ich, in the opinion of the director of public works,
34 interferes with !, - destrian traffic.
35
36 (6) It shall be the duty . f the licensed food establishment to maintain each
37 plant tub at all ti , es in a safe condition at its proper location and to
38 inspect each su tub periodically in order that it may be properly
39 maintained. ees or plants and their tubs shall at all times be kept in a
40 neat, clean - d presentable condition. No advertising matter or sign or
41 writing of . ny kind shall be displayed upon any tree or plant or its tub.
42
43 (7) No sit ewalk cafe exemption shall be effective unless the licensee has filed
44 wit the license and permit division evidence of insurance insuring the
45 lic nsee against liability imposed by law arising out of the ownership,
46 , aintenance or operation of such sidewalk cafe in an amount to be
47 stablished by the city's risk manager. The city shall be named an
48 additional insured in the policy, providing such insurance and such policy
49 shall further provide that it ntay not be canceled except upon ten (10) or
50 more day's written notice filed with the license and permit division.
51
2
?at 7-13-4q
UKIUINAL 99%
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2 :. croon» o ::: tluo: <:±: > :auXt::::Paul;:::I:.
..::: :..:..: .::•i: 5: ::: {: +:. ; { ry :;.i {•y } i•4 : ! : ?; ; . ':i'.�i::i.i;.i;:.iv.; i•::.:::.ii:: ..i::..i'.. ,.::. .: i:i:.iiiii::.i::.i' :::i ..:; ?i;.}, ? i:.i:.i:f:•.:.: i :' :. "':: {::::4:6'i
3 st?ree :8e i <:::at> u: >:uxt s '.cttdn >:ot <:Sh ard:::Road:::with:::::Chestr .ut
4
:::.;::::::»;::::>:<:>::> :: : : » : : : :: >:;":h
5
.:.:;;;::�.;:.: :.;::.;;::.: �! . •::: t .:: :::::::::::::::::::: rnma;.::: �,�r�nu��. Aveuue #� T�n� � #���t�
6
T:.: .texst to .reeww Wintexstate l~xeeay 04 to 140:ayotte
7 Bridge < : y e : B d to.. herethe brn ge crosses er .;: Warner;
8 W arner Road to Shep Ord Road, hepard tc Chestnut .Street
9
10
11 Section 2
12
13 Section 409.06(e) of the Saint Paul Legislative Code is hereby am- ded to read as
14 follows:
15
16 "(e) Premises of license. No on -sale or off -sale license shall • e effective beyond the
17 compact and contiguous space named in such license and for w ich the same was
18 granted, except that an on -sale license granted for sales in t - dining room of any hotel
19 may permit sales of liquor with meals in additional dining ooms open to the public and
20 specified in the license if meals are regularly served to p •ests therein. If meals are
21 regularly served to guests in guest rooms in any such • tel, liquor may be sold in such
22 guest rooms but only with meals; provided, that suc guest rooms must be specified in
23 the license granted. No sales shall be made upon e premises of an on -sale licensee
24 except upon the ground floor; provided, howeve that this limitation shall not apply to a
25 hotel duly licensed to sell on another floor as • this section provided; and provided
26 further, that a licensee shall be permitted to > ell at a place in a building other than the
27 ground floor if a license has been granted f'1 r sales on a floor other than such ground
28 floor. All licenses granted hereunder shal set forth the exact location within the building
29 structure where such sales may be made nd no sale shall be permitted except in that
30 part of the premises defined in the lic - se, except as provided in the following
31 subsections (1) through (8):
32
33 (1) The council may, by esolution, permit any licensee to sell or serve
34 intoxicating liquors 'n areas outside the building structure which are
35 immediately adja - nt to and contiguous with the structure containing the
36 licensed premise:. Such outside service areas shall be seasonal, and shall
37 not involve an - nlargement of the building structure. Such permission shall
38 not be grante unless all the conditions of subsections (1) through (8) and
39 all pertinent . rovisions of the zoning code are satisfied.
40
41 (2) No outsi. • service area shall be permitted unless the licensee presents with
42 his or h; application for such outside service area a statement in writing
43 by nin: (90) percent of the owners and tenants of all private residences,
44 dwell' gs and apartment houses located within two hundred (200) feet of
45 the • roposed outside service area that they have no objection to such
46 se. •ce area. Measurements shall be determined from the property life of
47 t ► e licensed premises to the property line of the residential uses; provided,
48 owever, that where the licensed premises is located within a shopping
49 mall or shopping center the measurements shall be determined from the
50 nearest corner of the building in which the licensed premises is located to
51 the property line of the residential uses.
3
?eFi 7 •I3 -94
UNIGINAL 7
1 (3) Off - street parking spaces may not be reduced by the establishment of an
2 outside service area below the number of off - street parking spaces which
3 would be required if the licensed premises together with the outside service
4 area were to be newly constructed in conformity with the zoning code;
5 provided, however, thalt this requirement may be modified by the council
6 by resolution in accordance with the procedures and substantive criteria
7 provided in section 409.08(11)e. of this Legislative Code.
8
9 (4) No outside service area shall be permitted unless the licensee provides, •
10 addition to other requirements of law, safety barriers or other enclos es to
11 protect patrons from any hazards, including vehicular traffic.
12 ;'
13 (5) No outside service area shall be located on public property upon any
14 street, alley or sidewalk, nor shall such outside service area hinder or
15 obstruct vehicular or pedestrian traffic on any street, al , or sidewalk.
....................................................................................................................................................................... ...............................
16 .. :.. ndm <:: b f' o ..ping :: :::::.:::::::.:. rt .:> . ervi: e: >:::. >:
........................................................................................................................................................................ ...............................
17 witjgtkg4g*a::gXfk : a foo establishment > ut < d n s
18
dtrt : immooslion . the
19
20 10601 of 01C1.4000:: :
... ........................
21
22 (6) The council may deny any application f , an outside service area where it
23 has reason to believe, or may revoke • s permission for such an outside
24 service area where it is satisfied, th. the impact of such outside service
25 area on adjoining property will be or has been, any of the following:
26
27 a. Loud, boisterous or dis rbing noise levels;
28
29 b. Hazardous traffic co ditions;
30
31 c. Offensive, obnoxi ∎ us or disturbing odors;
32
33 d. Excessive litte ,
34
35 e. Excessive . ificial lighting;
36
37 f. Substant' :1 decrease in adjoining property values; or
38
39 g. Any o er condition inconsistent with the reasonable use and
40 enjo / ent of adjoining property and inconsistent with the health,
41 saf: , morals cad general welfare of the adjoining neighbors or
42 c . munity.
43
44 (7) Per ' : sion to sell and serve intoxicating liquor in or upon any outside
45 se • e area may be revoked by the council on three (3) days' notice to the
46 lic; see, pursuant to information received at a public hearing before said
47 c %until. The information need not be received under oath, but must
48 easonably satisfy the cbuncil as to the existence of any or all of the
49 conditions listed in subparagraph (6). The public hearing shall be
50 conducted with such formal or informal procedures as the council may
4
a 7 -f3 -Qa
ORIGINAL q-/e_53 1 permit, so long as the licensee and any complaining parties have an
2 opportunity to be heard.
3
4 (8) The licensee shall, with respect to any outside service area, comply with all
5 applicable provisions of law and regulations in regard to the sale and
6 service of intoxicating liquor, including, without limitation by reason of this
7 specification, all applicable regulations contained in sections 409.08 and
8 409.09 of this chapter."
9
10
11 Section 3
12
13 Chapter 245 of the Saint Paul Legislative Code is hereby amended to read as
14 follows:
15
16 "Chapter 245. Drinking in Public
17
18 Sec. 245.01. Drinking in public prohibited.
19
20 No person shall drink intoxicating liquors in any place open o the public within
21 the City of Saint Paul, nor shall the proprietor or manager of an such public place, if
22 such public place is a building structure, permit such drinking . on his premises.
23
24 Sec. 245.02. Exceptions.
25
26 This chapter shall not be considered as prohibit;, g the drinking of intoxicating
27 liquors in a building structure open to the public, if s ch building is one within which
28 sales of intoxicating liquors for consumption on the 'remises where sold are permitted by
29 duly licensed persons under the ordinances of this ity; provided, however, that drinking
30 in such a building shall be permitted only in tha portion of the building constituting the
31 licensed premises, and only within the hours w , en sales of intoxicating liquors are
32 erm itted and for period of one-half h r :> :: >: >,: >,: :«:::; :pr <: t >: >:<: >:: s
p pe od o hour t ereafter:lt�stdln�?< <pr�h��:�Qn
33 o ::s. tit x : ::: 245 0 .":: e:;ka1 40t100)#: .. of a1:..:.bol .. v ra es:::v .t .n::;a side . "afe :a
34 ood t s x: nt:;: ::;: h::;:dow to n..:.usi. ..:.ss. dktr1± t ch s::::hce. s d: : restaurant
35 under :,s :;3 ::. :; :t iC4 . l tzy ::::: d.• : nd: : imipcx a liancg; :. tb.;:tb :.:; #0.1
:i }i' .: ii .; v .;. ?::.:iijvLL::: ' : '' `i: : '. ::i::'i::: � Vii'•: i::ii: : :i:ti:i }i:� }i ii::.:4ii: :: X : ' : . %:i:..� v: h:>'i: i': 4:: '::: .. ...........
36 :: s :o ::11 0 :: : t h:: 140. e:: .::...:. :.;; : :per tte
.................................... ...............................
37
38 Sec. 245.03. Definition of liquor.
39
40 For the purpose of this ch.,*ter, "intoxicating liquor" is hereby defined to mean
41 and include ethyl alcohol and a distilled, fermented, spirituous, vinous or malt liquid of
42 any kind, potable as a beverag=, which liquid contains an alcoholic content in excess of
43 three and two- tenths (3.2) pe ent thereof by weight.
44
45 Sec. 245.04. Exceptions for nnual festivals.
46
47 (a) Taste of Min 'sota festival.) No person shall have in his possession or drink
48 intoxicating liquor, no . ntoxicating na1t liquor or wine at the State Capitol or on its
49 surrounding property .t the annual 'taste of Minnesota Festival held for the purpose of
50 commemorating th= ourth of July holiday. This prohibition shall not be applicable to
5
PE 7` /3 -9a
UKIUINAL Fv /a3J
1 nonintoxicating malt liquor or wine purchased and consumed on the Capitol grounds
2 from a duly licensed on -sale establishment.
3
4 (b) Riverfest Festival. No person shall have in his possession or drink intoxicating
5 liquor, nonintoxicating malt liquor or wine at Harriet Island or on its surrounding
6 property at the annual Riverfest Festival or annual summer festival held on Harri -
7 Island or on its surrounding property. This prohibition shall not be applicable to
8 nonintoxicating malt liquor or wine purchased and consumed on the Harriet : and
9 grounds or surrounding property from a duly licensed on -sale establishmen
10
11
12 Section 4
13
14 Chapter 246 of the Saint Paul Legislative Code is hereby . ended to read as
15 follows:
16
17 "Chapter 246. Drinking on Streets and in Parks*
18
19 Sec. 246.01. Drinking on streets and in parks.
20
21 No person shall upon the public streets, lanes • alleys of the city, or in any park,
22 playground or recreation center owned by or under e jurisdiction or control of the City
23 of Saint Paul or in any parking lot or area within • adjacent to such park, playground or
24 recreation center, or being a trespasser upon the rivate premises of another, drink or
25 have in his /her possession in an opened contai r any intoxicating liquor, intoxicating
26 malt liquor, nonintoxicating malt liquor or alc . olic beverage of any kind whatever. No
27 person shall in any park, playground or recre - ion center owned by or under the
28 jurisdiction or control of the City of Saint P 1 or in any parking lot or parking area
29 within or adjacent to such park, playgroun• or recreation center, or being a trespasser
30 upon the private premises of another, hay- in his possession any intoxicating liquor,
31 intoxicating malt liquor, nonintoxicating alt liquor or alcoholic beverage of any kind
32 whatever. No person shall have in his • ssession any intoxicating liquor, intoxicating malt
33 liquor, nonintoxicating malt liquor or alcoholic beverage of any kind whatever upon any
34 public street, lane or alley located hin the boundaries of such a park, playground or
35 recreation center; provided, howev: , that it shall be an affirmative defense that
36 possession was for the purpose of ransportation of such liquor or beverage through the
37 park, playground or recreation c: ter or to a designated shelter, facility or area as
38 provided herein, and where sue liquor or beverage is in an unopened container.
39 Notwithstanding the foregoing any person may, from 8:00 a.m. to 8:00 p.m., within picnic
40 shelters, facilities or areas wi in any park, playground or recreation center, which are
41 designated for that purpose .y the director of the department of community services or
42 his delegate, drink or have n possession nonintoxicating malt liquor. Notwithstanding
43 any other provision of thi chapter, the director of the department of community services
44 or his delegate may issu; permits for the consumption of intoxicating liquor in Town
45 Square Park and Phale Park Clubhouse during hours in which the sale of liquor by the
46 drink is permitted by .tate law. All permits shall be subject to regulations which have
47 been proposed by t director of the department of community services and approved by
48 the city council. C• • ies of the regulations shall be on file in the offices of the city clerk,
49 director of the de • artment of community services, and the superintendent of parks and
50 recreation. Such egulations may be amended by the council by resolution.
51
6
?33
ORIGINAL /9-/e33
1 Sec. 246.02. Seizure and impoundment.
2
3 All intoxicating liquor, intoxicating or nonintoxicating malt liquor, or alcoholic
4 beverages, drunk or possessed in violation of this chapter shall be seized and impounded
5 as evidence of said violations. Such evidence shall be destroyed by the department of
6 police upon a plea or finding of guilty in regard to any of said violations.
7
8 Sec. 246.03. Not applicable on licensed premises.
9
10 This chapter shall not apply to or prohibit the sale, possession or consumption of
11 such liquors or beverages on the premises of any establishment properly licensed under
12 Chapter 409 or Chapter 410 of the Saint Paul Legislative Code.
13
..................................................................... ...............................
14 No,:, ; , >: ' ::.::.:: <: : e:::pro. i :..: f :> n:; 4 :::. : >: h :': 1 '::> • • rvi e f
15 0461eadii:���r�. �� o::sai:wgd� � < >.:. > <a ::food »q��ab�a:���> >t�4o.... .
: ii::: :::: n::::;:::>: :::::::r.::::: :i:::fi:; ::;;::: ;:::i:.c> ::::::::: '::::;:::: R:; <:.'•i;::i :: :�' .. ; , ;• .;;;: <: ` t:;:. ::.::i:i:
16 mes :. ....:::whr ..:: : ::: >h ' .::. ' :: a r :. .:.: 1 .. n � �r::> on::: > ' :1:: of: >th :. l� t v
.: i:.: Y: ii" iYl: iii:::: ii :: ": Y: i:: i:: �'•: i':'.:: i:::s�:sL: i:: i' v::: i:::::::.i._ i:::: iY:..,:. �i '::::::: % :
1
7
d�::d::.h��� >��:►���a� .�a�� >. h >th> ��vz����as:o�:s�ct�� <:1!(�:�: <�
:.::.::.;:.;:.::.>:.>:.:::.::.:::.;:.>:.:.::.::.: :.::.::.;:. :.:.::.::.::.:.:.:
18 Weft fs t
19
20
21 Sec. 246.04. Designation of permitted shelters, facilities and areas.
22
23 The director of the department of community services s • .11 promulgate, by filing
24 with the city clerk, a list or description of the picnic shelters, • ark facilities or park areas
25 within which the possession and consumption of nonintoxic. ing malt liquor is permitted
26 by this chapter between the hours of 8:00 a.m. and 8:00 p . ., together with such maps or
27 illustrations as may assist the public to comply with this apter. The director shall also
28 direct that appropriate signs be eredted at locations in hich the consumption and
29 possession of nonintoxicating malt liquor is permitte • It shall not be a defense to a
30 charge of violation of this chapter that such inform. Tonal signs, maps or illustrations are
31 defaced or removed from the shelters or facilities . esignated, so long as the list required
32 by this section has been filed with the city clerk.
33
34 Sec. 246.05. No consumption at any time in c ain parks.
35
36 The director of the department of c • munity services shall not have the power to
37 designate any shelter, facility or pla0e wit Hidden Falls Park or Crosby Lake Park for
38 permitted possession or consumption of • nintoxicating malt liquor. No person shall at
39 any time consume or possess any intoxi Ling liquor, intoxicating or nonintoxicating malt
40 liquor, or alcoholic beverage of any • in Hidden Falls Park or Crosby Lake Park.
41
42 Sec. 246.06. Definitions.
43
44 The following definitions s • 1 apply in the interpretation and enforcement of this
45 chapter:
46
47 (1) The term "intoxi :tin liquor" and the term "intoxicating malt liquor" mean
48 and include eth alc ol, distilled, fermented, spirituous, vinous or malt
49 beverages cont , ining n excess of three and two- tenths (3.2) percent of
50 alcohol by we' _ht or Containing in excess of four (4.0) percent alcohol by
51 volume.
7 7. q�
UKIGINA 9vyo33
1 (2 The term "nonintoxicaOng malt liquor" means and includes any malt liquor
2 containing not less than one -half of one percent (1/2 of 1 %) of alcohol by
3 volume nor more than three and two- tenths (3.2) percent of alcohol by
4 weight.
5
6 (3) The term "alcoholic beverage" means and includes any beverage containing
7 ethyl alcohol in any quantity or amount."
8
9
10 Section 5
11
12 This ordinance shall take effect and be in force thirty (30) days following its
13 passage, approval and publication.
14
15
16
17
18
19
Yeas Nays Abse{n' Requested by Department of:
Blakey
Harris
Grimm
Guerin
Me and
Rettman
Tune By:
Adopted by Council: Date Form Approved by City Attorney
Adoption Certified by Council 'ecretary By: 466,00 f i 7- /3- 95/
By: Approved by Mayor for Submission to
Approved by Mayor: Date Council
By: By:
; <;;77
�F'•.,..
CITY OF SAINT PAUL J
o
OFFICE OF THE CITY COUNCIL gLi -033
1854
•4Y
MICHAEL J. HARRIS / 1 7 114- Councilmember
- � e�u b- rs•
t : ' s, Chair
- rry Blakey
Dino Guerin
Janice Rettman
Dave Thune
Date: August 10, 1994
COMMITTEE REPORT
CITY OPERATIONS COMMITTEE
1. Approval of the June 8 and Jii1y 13, 1994, minutes of the City Operations Committee.
APPROVED, 3 -0
2. Residency study prepared by Council Research (Laid Over in Committee 7- 13 -94).
UPDATE ONLY - NO ACTION NEEDED
3. Ordinance 94 -859 - amending the Legislative Code by adding new Section 409.085
and 410.045 requiring notice Ito the Chief of Police of the presence of firearms in on-
sale liquor premises, to require alcohol awareness training, and to require training
of bartenders on firearms and the use of deadly force (Referred from Council 6 -15-
94; Laid Over in Committee! 7 -13 -94 for further information).
LAID OVER TO SEPTEMBER 14, 1994, MEETING OF THE CITY OPERATIONS
COMMITTEE
4. Update on Taxicab issues (verbal update only - no materials -- Laid Over in
Committee 6- 8 -94).
UPDATE ONLY - NO ACTION NEEDED
5. Ordinance 94 -1033 - authoiiizing restaurants in the downtown business district to
allow the sale and service of alcoholic beverages in sidewalk cafes (Referred from
Council 7- 20 -94).
COMMITTEE RECOMME APPROVAL, 3 -0
CITY HALL THIRD FLOOR SAINT PAUL, MINNESOTA 55102 612/266 -8630
saa
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