02-1025Council File # � i�. � �O �
Ordinance #
Green Sheet #� o G t a \
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
3 a,
An ordinance to amend Section 409.06 of the Saint Paul
L.egislative Code to clarify that the distance restrictions between
off-sale liquor stores cannot be waived
�
THE COUNCIL OF THE CTTY OF SAINT PAi3L DOES ORDAIN:
Section 1
10
11
12
13
14
15
16
17
18
19
20
Section 409.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
(i) License location restrictions.
� I�Fo off-sale license shall be issued for any place where nonintoxicating malt beverages
shall be sold for consumption on the premises.
� No off-sale license shall be issued to any location within a half-mile radius of any
existing off-sale establishment.
21 � No license shall be issued for an off-sale location which is within three hundred (300)
22 feet of residentially zoned property, a pazk or a licensed child-care center, said three hundred
23 (300) feet being calculated and computed as the distance measured from the property line of the
24 premises or building proposed as the location for the off-sale liquor license to the property line of
25 any residentially zoned property, park or child care center in the area for which the license is
26 sought.
27
28
24
30
31
32
33
34
35
36
37
(�i) The council may waive the restrictions set forth in pazaeraph (3) above relating to
distance if it makes findings that such a license is not inconsistent with the health,
safety, marals and general welfare of the adjoining neighbors or community.
Factors which may be considered include, but are not limited to the following: the
likelihood of increased noise, traffic, litter, loitering or unlawful behavior by
patrons of the establishment, excessive artificial lighting, substantiai decrease in
adjoining property values, and the extent to which any of the potential problems
can be addressed by conditions on the license.
(�ii) In order to waive the restrictions relating to distance the council must first receive ���
[�C 16 '02
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
a petition from seventy-five (75) percent of the owners and tenants of all private
residences, dwellings and apartment houses located within three hundred (300) � �p�,�'
feet of the proposed off-sale location stating that they have no objection if the
waiver relates to residentially zoned property or a written statement consenting to
the waiver by the director and/or owner of the child care center if the waiver
relates to a licensed child care center.
(3iii An establishment hoiding a valid license on the effective date of this amendment
shall not be affected by this limitation, but shall be entitled to have such license
renewed so long as they aze in compliance with all other requirements of law and
there exist no grounds for adverse action against such license.
Section 2
This ordinance shall take effect and be in force thirty (30) days following its passage,
approvai and publication.
�
�C 16 '�
Requested by Department of:
�
Adoption
By :
Appro ed
By:
I
fied by Council Secretasy
Mayor: ` L
Form Approved by City� tor y
BY' � ��lL=(� �
Approved by Mayor for 5ubmission to Council
Adopted by Council: Date Ne..,. a� �� O L�
Oa. - to�.5
ci� coirivcII;
TACTPERSON&PHONE
Councilmember Kathy Lantry 6-8670
o�n�ris,zoo2 I GREEN SHEET
No 106191
u �.,�.,�.�. � m.�. _
i7 BE ON COUNGL AGENCl4 BY (MTq� '
A6EW11 , •
November 5, 2002 '� �� ❑ anw*rewar arvuuK
xoa(eic
onuate ❑ �w.auxasow. ❑ wuxaaaawrxro
❑wrawR.uasrwn ❑
TOTAL � OF SIGNATURE PAGES (CLIP ALL LOGATIONS FOR SIGNATURE)
Approval of Ordinance to amend 409.06 of the SaintPaul Legislafive Code to clarify that the distance reshictions between off-sale liquor stores
cannot be waived.
PLANNING COMMISSION
CIB COMM1TfHE
CIVIL SERVICE CAMMISSION .
Has this pe'soMrm ever v.oilted urMera conttac[ tor this tlepartmeM?
YES NO
Flaathis ae�eaNPom wer been n eiFi empbyce9
rES rio .
Dpec this pxaoNfimi poceess a sldll rot nortnellyposseaaetl by any anent cily empbyee?
VES NO
Iathiapema�fimAataryeG.MVendoYl � .
YES NO
e
S
COST/ftEVENUE BUOGETED (CIRCLE ON�
YE3 NO
SOURCE ACTNITYNURIBER
INFORMATIONIIXPWN). . . . ,