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87-893 M�MITE - CITV CLERK PINK - FINANCE G I TY O F SA I NT PA U L Council C�NAR,'-��. DEPAf77MENT F11C NO. �� �� BLUE - MAVOR � I Ordin�nce Ordinance N�. I7�7� Presented By �� ; S-�' Referred Committee: Date Out of Committee By Date An Ordinance amending Chapter 244 of the Saint Paul Legislative Code pertaining to Minors. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That Chapter 244 of the Saint Paul Legislative Code be and is hereby amended to read as follows : 244.01. Misrepresentation of age. It shall be unlawful for any person under the age of �9 21 years to represent himself or herself as of the age of �9 21 years or over that age, for the purpose of obtaining from any other person non-intoxicating malt liquor or intoxicating liquor, as the same are herein defined. 244.02. Possession by Persons Under 21 Illegal. It shall be unlawful for any person under the age of �9 21 years to have non-intoxicating malt liquor or intoxicating liquor, as the same are herein defined, in his possession for the purpose of consuming by him or any other a��r�e� person under 21 years of age. Possession by a x�}r3e� person under the age of 21 of any non-intoxicating malt liquor or intoxicating liquor shall be prima facie evidence of intention to consume the same. 24.03. Definition. The words "non-intoxicating malt liquor" and the words "intoxicating liquor" are hereby defined to mean and include any distilled, fermented, spiritous , vinous or malt liquid of any kind, potable as a beverage , which contains an alcoholic content in excess of one-half of one percent by volume. COUIVCILMEN Requested by Department of: Yeas Nays Drew � Nicosia ln Favor — � Rettman s�ne�nei Against BY ' Sonnen Tedesco Wilson i Form Appr ved y City Atto y Adopted by Council: Date . Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by ayor for mission to Council By By �NHITE - C�TV CLERK PINK - FINANCE CITY OF SAINT YAUL Council GJNA�.- DEPARTMENT o ��J BLUE - MAVOR File NO. A �'���� � _V {L-'�-_ • � Or �ndnce Ordinance N0. �l`lc�� Presented By Referred To Committee: Date Out of Committee By Date 244.04. Exception. A person who was born on or before September l , 1967 , may continue to purchase, possess or consume non-intoxicating malt liquor or intoxicating liquor and shall be treated for purposes of this section as a person who is 21 years old. Section 2. This ordinance shall take effect and be in force thirty days from and after its passage , approval and publication. 2. COUNCILMEN Requested by Department of: Yeas Nays Drew Nicosia ln Favor — Rettman Scheibel G Against BY Sonnen �«�w..[dfslDa Wilson JUL — 7 �sl Form Appro d by City Atto y Adopted by Council: Date Certified Pas y('�o�Se ary BY By aC Approved y ayor. a � — � O— � � � lApprove b Mayor for ubmission to Council r By By p��p J U L 1 819 • � � iy��� ��� �y . • , � � - �j ��-�9:s' � h�,,��== o, , � ' CITY OF SAINT PAUL OFFICE OF THE CITY ATTORNEY � y� + `_������� �p EDWARD P. STARR, CITY ATTORNEY o• "� �Q`!n�•� 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR G�� ;� � �� _,, c..� -. June 2, 1987 �= �" °' .ry f.q�_ � � • ��1 .' "-1 ,;.J � �..� Joseph Carchedi "•• _ License Inspector � 203 City Hall Dear Mr. Carchedi : You had asked that I prepare amendments to Chapters 409 and 410 to make those provisions dealing with the sale of liquor to minors consistent with state law. The enclosed amendments are intended to accomplish your request. Section 409.08 , clause 2, is changed to raise the drinking age to 21 , to provide that proof of age be by a valid drivers license , Minnesota identification card or in the case of foreign nationals by a passport, and to specify that persons born prior to September l , 1967 , will be allowed to purchase or consume alcoholic beverages. Eliminated from the previous provisions are references to sales to habitual drunkards and the prohibition of minors from entering rooms where liquor is sold or served unless accompanied by parents or guardians . Section 409.08 , clause 4, deals with the employment of persons under the age of 18 and is made consistent with the current wording of the state statute, section 340R.412 , subdivision 10. The amendment to section 410.04, subdivision l , changes the drinking age of 3.2 beer from 19 to 21 with the exception for persons born prior to September 1 , 1967 , and also eliminates the prohibition of minors from entering rooms where beer is sold or served unless accompanied by parents or guardians. I have also prepared amendments to Chapter 244 of the code to change the restrictions on possession of liquor or represen- tation as to age from 19 to 21 years old, so as to be consistent with current state law. You s very t 1 JE . SE A A i tant C ' Attorney J S : g En . cc : Gene Schiller N .Fin�nce & Mana.gemerit Sexviees DE PARTMENT �� �3/ ��� NO 3 6 9 3 Josep:z F.° �archedi � CONTACT /�� 3� �` 2'�8-5056 PHONE June 8, 1987 DATE 1 ��� e Q ASSIGN NUMBER FOR ROUTING ORDER (Clip All Locations for Signature) : Department Director Director of Management/Mayor Finance and Management Services Director City Clerk Budget Director City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : Raise the drinking age so as to be cons3stent with recently passed State law. R,�ve a portion of the City ordinanc� which is unenforceable (habitual drunkards) , as we:ll as a portion which is unenforced (minors entering rocan.s where lrquor is sold and/or sexved unless ac.�a�anied by parents and/ar guardians) . .�: RECENEp ,,,,, COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: x-=.�-_ ,::_.: -::.�..� 'JUlri 8 }987 - ----- None . �FFlCE OF THE DIRECTOR ! .)�,�?' �^' �� I�'�7 DEPARTMENT OF FtNAN� � �� MANAGEMEMT S�y�� ,, � ..., ... .9.r�'t. .. .. -_" L.,, r�S'�l�_.., � W FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: N/A quired if under $10,000) Funding Source: N/A Activity Number: ATTACHMENTS (List and Number All Attachments) : Letter frc�n Mr. Segal to Mr. Carcl�edi regar�ding requested on-�.in�ice revision. DEPARTMENT REVIEW CITY ATTORNEY REVIEW x Yes No Council Resolution Required? Resolution Required? x Yes No Yes x No Insurance Required? Insurance Sufficient? Yes No Yes x No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 � ( �, � ' lst ' � ��� �� \ 2nd �a '�,.�'� 7 . 3rd (� .- �n -�7 Adopted 7- 7- �7 i .. Yeas NaYs • DREW � ,� . r��,;_�i�/ � NICOSIA j Z�73 � RETTMAN SCHEIBEL . SONNEN WILSON MR. PRESIDENT TEDESCO Y . I i � . � WHITE - CITV GLERK PINK - FINANCE GITY OF SAINT PAUL J� � �`� CANAit'! - DE434R7MENT COUIICII /�� (�'/� „ ' BI.UE ±- MAYOR File NO. �/ � • � Ordin�nce Ordinance N�. 17�� Presented By Referred T Committee: Date Out of Commi tee By Date An ordinance amending section 409.08 , clauses 2 and 4, of the Saint Paul Legis- lative Code pertaining to Intoxicating Liquor General Regulations. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l . That section 409.08 , clause 2, of the Saint Paul Legislative Code be and is hereby amended to read as follows : (2) No liquor shall be sold or furnished for any purpose whatever to any person under 21 years of age or to one obviously intoxicated or to any person to whom such sale is prohibited by any law of this state or ordinance. Proof of age for purchasing or consuming alcoholic beverages may be established only by a valid drivers license or Minnesota identification card, or in the case of a foreign national by a valid passport. A person who was born on or before September l , 1967 , may continue to purchase and consume alcoholic beverages and shall be treated for purposes of this code as a person who is 21 years old. Section 2. That section 409.08 , clause 4, of the Saint Paul Legislative Code, be and is hereby amended to read as follows : (4) No person under 18 years of age may be employed in a place where intoxicating liquor is sold for consumption on the premises , except persons under COUNCILMEN Requested by Department of: Yeas Nays Drew � Nicosia �Il F8V0[ — � Rettman Scheibel Sonnen Against BY Tedesco Wilson Form Approved City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by or: ate � � b� Approved M yor for Su mission to Council By By