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03-129� Council File # 03�1 �q Ordinance # Csreen Sheet # y v �7�_�,� ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Refened To Committee Date : `� 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 An ordinance amending Chapter 410 of the Saint Paul I.egislarive Code to remove the specific fee for a temporary extended service area and replace it with reference to the fee schedule contained in Section 310.18 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 410.0'1 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 410.07. Transfer of license; change in service area. (a) No license granted hereunder shall be transferable from person to person or from place to place. No license granted for a specified part of any particular premises shall pernut sales of such liquor on a part of such premises not specified in the license, or in an area adjacent to such licensed premises; provided, however, that the license inspector or his or her designee may waive this limitation and allow a temporary extension of the liquor service azea subject to the following criteria herein established by the city council. Failure to make a waiver and(or allow such a temporary extension is not adverse action and does not require notice and hearing in the event of denial or inaction: (1) (2) (3) No such extension shall be for more than a continuous twenty-four-hour period and shall be valid only at times that liquor sales are allowed by law; No licensee shall receive more than twelve (12) such service extensions in any calendaz year; The temporary extended service azea can be either indoors or outdoors, but must be immediately adjacent to the licensed premises; (4) All business operations on or in the temporary extended service area sha11 be in compliance with all other requirements of state law and of this chapter, and in particular shall comply with the requirements of Chapter 293 of ffiis I.egislative Code relating to noise; �. • (5) 'The temporary extended service azea, if outdoors, shall be enclosed by a vertical � 1�� 2 ��) 4 (6) The licensee shal] present with his or her application for permission for a 5 temporary extension either the written consent or nonobjection of the citizens' 6 district council whose geographical area encompasses the licensed premises, or a 7 petition containing a statement in wrifing with the sia atures of sixty (60) percent 8 or more of the owners and occupants of private residences, dwellings and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 fence or partition at least four (4) feet in height which allows control of access to G ��'a � and from the liquor service and consumption area; apartment houses located within two hundred (200) feet of such premises staring that they have no objection to the granring of such temporary extension of service area. If such consent or nonobjecrion is refused or if such petition fails, the city council may by resolution authorize the temporary extension of the service area; The licensee shall norify, at least ten (10) days in advance of the date of ihe pmposed temporary extension, all owners and occupants who own property or reside within three hundred (300) feet of the properiy line within which the licensed establishment is located of the proposed temporary extension of liquor service. Such notice shall be typewritten and include the location, date and time of the proposed extension of liquor service. The notice shall specifically state: "If any person has comments about this proposed temporary extension of liquor service, they are encouraged to telephone the Mayor and Council Information and Complaint Office."; and (8) The licensee shall be required to apply for each such temporary extension in such form as the license inspector may require, and the fee for each such application, whether granted or not, shall be fiii�tyy-e�eHars{$r5$66j as set forth in section 310.18 of the Saint Paul Legislative Code. *�� Section 2 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. Requested by Department of: Adoption Certi¢lied by Council Secretary By: _ Approved By: _ BY: Forn By: Appx �� ��. : � ...�, .:'; 4. . ' .. Adopted by Council: Date �� ��� �',��.�,,� �-,�.e.� � _ . ,.. , . / 'fi, v V oFF=ci� o� LIEP Date: GREEIV SHEET "' ROg'G'Y CliZ't1S, D1Y'HCtOZ' January 14, 2003 p3- �� �`' 266-9013 No . 403427 .;,. COI3TACT PERS023 & PHONE: 1 Epaxti'�'r nixecmx xxx mclxcxL ' o er Curtis _(266-9013) u" 2 i� ATT°x�ae� I� `�ea�` ..�� � llst b2 on CounCil Agenda: '°'"'� UDC�T DZRECtY�R IN. & M(.T. SVC DIR. � s soon as ossible 3 YOR (OR ASSISTANT) y OTAL # OF 52GNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: r,��. � - � u Council approval of an ordinance amending Chapter 410 of the Saint Paul -.'Legislative Code to remove the specific fee from the ordinance section and -,''.replace it with a designation to the fee schedule contained in Section 310.18. COtMIENDATIONS: APPROVE (A) OR RE�TECT a) ERSONAL SBRVICB CONTRACTS MOST ANSNSR THE FOLLO[QING: PLANNING CONASISSZON CNIL SERVICE CONAIISSION 1. Has the person/firm ever worked �ulder a contract for this depastment? CIB CO[M1ITT&E _ HUSINESS REVIHW COUNCIL YES NO STaFF _ Has�this person/fixm ever been a City employee? DTSTRICT COIIRT � - YES NO 3. Does this person/fism poasess a skill not normally possessed by any SUPPORTS WHICH COUNCIL OBJSCTIVE? Current City employee? YES NO . lain all YHS aasw¢ra oa a aeparate sheet and attach. ;,.INITIAZ'ING PROBLEM, TSSUE, OPPORTUNITY (Who, What, When, Where, Why): 'This is a housekeeping measure. Existing fees are located both in Chapter 310 ,,`as well as in the ordinance section of law. LIEP is moving all licensing fees ""into Cfiapter 310 to be consistent as well,as easier for the public to determine ° costs for licensing. ���,;� �� ez:�f VANTAGES IF APPROVED: ��� � `. '���� . 11 licensing fees will be contained in Chapter 310. Charges Ehat existed in the ordinance section will be eliminated. This will reduce the number of �- inconsistencies and will make future revisions more expedient. , ISADVAI3TAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: rt' TOTAL,AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NiJMBER . FINANCIAL SNFORMATION: (EXPLAIN)