96-1119 � � \\� a� I ��Council File �� �
ORI ��: ; # �
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Ordinance #
Green Sheet # ����
ORDINA
I Y O SA UL, MINNESOTA �/
Presented By
Referred To Committee: Date
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1 An ordinance amending Sections 411.04 of the
2 Saint Paul Legislative Code pertaining to Licensing.
3
4
5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
6
7
8 Section 1
9
10 That Section 411.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
11
12 "Sec. 411.04. Licensing requirements.
13
14 (a) Application. Any person desiring a license to provide entertainment shall make his application
15 in writing upon a form to be provided by the inspector with whom the application shall be filed.
16 The inspector shall require that the following information be set forth upon the application:
17
18 (1) The name and place of residence of the applicant.
19
20 (2) The exact location of the premises upon which the applicant proposes to provide
21 entertainment.
22
23 (3) Whether the applicant has ever been engaged in a similar business and, if so, the
24 location thereof and the date when so engaged.
25
26 (4) A description of the type or types of entertainment to be provided and the frequency
27 thereof.
28
29 In case the applicant proposes to afford the public the privilege of dancing, the applicant shall set forth
30 the amount of floor space available and which the applicant proposes to maintain for dancing purposes.
31
32 The application shall be signed by the applicant in person and, if the applicant is a corporation, by an
33 officer of the corporation who shall agree to comply with all the ordinances of the city relating to the
34 business of providing entertainment. He shall file with his application the license fee, together with the
35 consent of property owners or tenants as hereinafter provided.
36
o � � � � a �_► l �9
1 (b) �Votification r rements; consent of neighboring property:
2
3 (1) Notice of hearing: At least thirty (30) days before a public hearing on an application for
4 a license, the department of finance and management services shall notify by mail all
5 owners and occupants who own property or reside within three hundred�i���-f339j(3��j
6 feet of the main entrance of the establishment to be licensed and all community
7 organizations that have previously registered with such department of the time, place
8 and purpose of such hearing, such three hundred�ii��;�{339������feet calculated and
9 computed as the distance measured in a straight line from the nearest point of the
10 building where intoxicating liquor is sold, consumed or kept for sale to the nearest point
11 of the property line owned, leased or under the control of the resident. Prior to the
12 hearing date,the office of license, inspections and environmental protection shall submit
13 to the city council a list of the names and addresses of each person or organization to
14 whom notice was sent, and certification of such list by the clerk shall be conclusive
15 evidence of such notice.
16
17 (2) Consent of owners and occupants within three hundred feet: The applicant shall present
18 with his or her application for a Class B or Class C license a statement in writing with
19 the signatures of as many of the owners and occupants of private residences, dwellings
20 and apartment houses located within three hundred�i���{339�(�Ut}� feet of such
21 premises as he or she can obtain to the effect that they have no objection to the granting
22 of the class of entertainment license sought or the operation of the business of
23 conducting entertainment of the class of license sought at the location proposed.
24
25 If the applicant obtains the signatures of ninety (90)percent or more of such persons,the
26 council may grant the license. If the applicant obtains the signatures of sixty (60)percent to
27 ninety (90)percent of such persons,the council may grant the license upon finding that issuance
28 of the license would not interfere with the reasonable use and enjoyment of neighboring
29 property and residences and would not bear adversely on the health, safety, morals and general
30 welfare of the community. Such findings shall be based on the following considerations if the
31 license were to be granted:
32
33 a. The effect on the surrounding community and institutions;
34
35 b. Noise and likelihood of adverse effect on residential occupants;
36
37 c. The possibility of increased traffic;
38
39 d. The character of the neighborhood;
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41 e. Other like uses in the neighborhood.
42
43 If the applicant fails to obtain the signatures of sixty (60)percent of such persons, the license
44 shall not in any case be granted.
45
46 (3) Compliance with notice and consent requirements: An entertainment license for
47 whatever particular class of license has been sought only becomes effective upon
48 compliance with this paragraph(b) and consent of the council by resolution. The failure
2
1 �. � � �� � � �� - llly
' ' " o�rve mailed notice to owners or occupants residing within three hundred�i��Aj
2 �3���feet or defects in the notice shall not invalidate the license,provided a bona fide
3 attempt to comply with this paragraph(b) has been made. A bona fide attempt is
4 evidenced by a notice addressed to "owner" and to "occupant" of the listed address.
5 Only one (1)notice need be mailed to each house or each rental unit within a multiple-
6 family dwelling regazdless of the number af occupants.
7
8 (4) Application of subdivision; exceptions: The requirements set out in this paragraph(b)
9 shall apply only where the application is for an entertainment license in which it is
10 proposed that liquor will be sold and instrumental music with dancing for the guests
11 therein, or singing or vaudeville entertainment is to be provided. The notification and
12 consent requirements of this paragraph(b) sha11 not be applicable when the premises
13 whereon the entertainment is proposed is zoned as I-1, I-2 or I-3 Industrial District or
14 where the license is to be held in a place located in the downtown business district. For
15 purposes of this paragraph(b), downtown business district shall include all that portion
16 of the City of Saint Paul lying within and bounded by the following streets: Beginning at
17 the intersection of Shepard Road with Chestnut Street, Chestnut Street to Pleasant
18 Avenue, Pleasant Avenue to Kellogg Street, Kellogg Street to Summit Avenue, Summit
19 Avenue to Tenth Street,Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to
20 Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road,
21 Warner Road to Shepard Road, Shepard Road to Chestnut Street.
22
23 (5) Exemption from consent requirements for limited entertainment licenses. The consent
24 requirements of this paragraph (b) shall not apply if the person, firm or corporation
25 holding liquor licenses for the premises for which the entertainment is sought(i) has, as
26 a regular and usual part of its business for at least three (3) years immediately prior to
27 the effective date of this ordinance (C.F. No. 92-1799), rented all or part of the licensed
28 premises for wedding, anniversary or retirement dinners or receptions or similar family
29 or social functions and has held itself out to the public during that period of time as
30 being available for such purposes; (ii) applies for a limited Class A or B license valid for
31 the sole purpose of allowing entertainment to be provided by another on that part of the
32 licensed premises which is rented or used, with or without consideration, for a wedding,
33 anniversary or retirement dinner or reception, or similar family or social function; and
34 (iii) makes application for such limited license within one (1) year of the effective date
35 of this ordinance (C.F. No. 92-1799), or before December 31, 1993, whichever date
36 comes later. Notwithstanding the foregoing,this exemption from the aforesaid consent
37 requirements shall not apply in any case to a Class C license.
38
39 (6) Conditions of limited licenses. The limitation on an entertainment license issued
40 pursuant to paragraph(5) above shall be an express term and condition of the license,
41 and failure to comply with such limitation shall be grounds for adverse action against all
42 licenses held by the licensee or applicant. If the holder of such limited license shall
43 provide, furnish or contract for any entertainment of any kind on the licensed premises,
44 such action shall be grounds for adverse action against all licenses held by such licensee.
45 The council may by resolution further condition such limited licenses and the imposition
46 of such conditions shall not be deemed to be an adverse action; provided, however,that
47 the imposition of any condition which directly limits, or whose only purpose is to limit,
48 free expression or the expressive content of the entertainment shall be deemed to be an
3
aG• ����1
1 J ' ` � �I ' Y!1 �verse action and governed by the procedural requirements of sections 310.05 and
2 310.06 of the Legislative Code. Violation of such conditions shall be grounds for the
3 revocation, suspension or further limitation of the limited entertainment license and any
4 other licenses held by the licensee. Such revocation, suspension or further limitation
5 shall not be deemed to be an adverse action; provided, however, that if the violation
6 which is all or part of the grounds of such action involves free expression or the
7 expressive content of the entertainment, such action shall be deemed to be an adverse
8 action and subject to the procedural requirements of sections 310.05 and 310.06 of the
9 Legislative Code.
10
11 (7) Responsibility of licensee under limited licenses. Each holder of a limited license
12 hereunder shall be responsible for full compliance by all renters and users of the licensed
13 and contiguous premises with all requirements of law. The provisions of section
14 409.08(7) of the Legislative Code shall be applicable to and govern holders of limited
15 licenses hereunder.
16
17 (c) Investigation. Whenever an application for an entertainment license is filed,the inspector shall
18 refer said application immediately to the director of the division of public health, the director of
19 the department of police, and the director of the department of fire and safety services,who
20 shall proceed to inspect and examine the premises described in the application and report to the
21 inspector whether the applicant is a proper person to receive such a license and whether the
22 premises are suitable for entertainment.
23
24 Upon receipt of the reports,the inspector shall transmit the reports together with his recommendation
25 and any recommendation that the above officials shall make with respect to the applicant or the
26 premises to the council for its consideration. It is hereby made the duty of the inspector, in any case
27 where consent of nearby residents is required under this chapter,to inquire whether such consent was
28 given in good faith.
29
30 (d) Floor space. No live entertainment license shall be given where the floor space available for
31 and which is to be maintained for dancing in which the public participates does not exceed four
32 hundred(400) square feet.
33
34 (e) Interim standards for off-street parking. In any case in which the applicant is seeking a Class B
35 or Class C license,the applicant shall provide additional off-street parking for the licensed
36 premises as follows: Fifty (50)percent ofthe shortfall in parking spaces between one (1) space
37 for each seventy-five (75) square feet of gross floor area, and the number of parking spaces
38 already provided by the licensee. "Gross floor area" shall mean the sum of the horizontal areas
39 of each floor of a building as specified in section 60.206 of the Zoning Code. This requirement
40 sha11 not apply to licensed premises which are located in the downtown business district as
41 defined in section 409.11 of the Legislative Code. The license application must include a fully
42 dimensioned floor plan and site plan drawn to scale. Modifications may be granted as specified
43 in section 409.08(11)e."
44
45
4
1 � r� l G I i � � �,,. Section 2
��-i i i�
2
3 This ordinance shall take effect and be in force thirty(30) days following its passage, approval, and
4 publication.
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Yeas Absent Requested by Department of:
B a
Guerin Office of License, Inspections and
Harri s
Megar Environmental Protection
R m n
Bos trom � —�L
--------------- --�?-- -- -- -----i--- BY�
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��4,d+�by Council: Date a ` q�
�on Certified by Council Secretary Form Approved by City Attorney
�o..�--...-�
BY: \ \-� a- i�'r��p.���_ By� 2� 1 J
Approved by Mayor: Date Approved by Mayor for Submission to
Council
By� gy' �, N ,�5���"'�
.
OFFICE oF LIEP Date : 8/2/96 GREEN SHEET
N° 35169
Robert Kessler 266-9112 = 1 DEPARTMENT DIRECTOR 4 ITY COUNCIL
2 CITY ATTORNEY ITY CLERK
USt be 011 COUT1C11 Agenda by: suD�ET DIRECTOR FIN. & MGT. SVC. DIR.
SAP 3 YOR (OR ASSISTANT)
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
ordinance to amend Chapter 411 of the Saint Paul Legislative Code
ertaining to licensing; standardizing notification requirements for license
applications .
ECOMMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL 3�RViCE CONTRACTS MUST 1►NSWER THE FOLLOWING:
PLANNING CO[�II�IISSZON CIVIL SERVICE CO[•II•1ISSION 1. Has the person/firm ever worked under a contract for this department?
CIB COMMITTEE A BUSINESS REVIEW COUNCIL YES NO
STAFF _ 2. Has this person/firm ever been a City employee?
DISTRICT COURT _ YES NO
3. Does this person/firm possess a skill not normally possessed by any
SUPPORTS WHICH COUNCIL OBJECTIVE? Current City employee?
YES NO
xplain all Y88 answers on a separate sheet and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why) :
p to this point, the City has had different notification requirements for
different licenses and permits . This legislation is an attempt at the
coordination and streamlining of the notification process .
VANTAGES IF APPROVED:
ill stremline the procedures for public notification.
tar
DISADVANTAGES IF APPROVED:
one .
AU�; 21 1996
ISADVANTAGES IF NOT APPROVED: �
ill maintain the status quo and there will be no efficiencies developed.
TOTAL AMOUNT OF TR.ANSACTION S COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)