03-368�����IUC�1�
Council File # � 3 34g
Ordinance #
c��n sn�c # `�d `�v (
ORDINANCE
CITY OF SAINT PAUL, NIINNESOTA
Presented By
Referred To
Committee Date :
35
1 An ordinance amending Chapter 106 of the Saint Paul Legislative
2 Code to permit alcohol to be served in sidewalk cafes in all areas
3 of the city, eliminaring the restriction of such service only to the
4 downtown business district or commercial development districts
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 106.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
Chapter 106. Restrictions on Use of Sidewalks, Streets, etc.
Sea 106.01. Obstruction.
(a) Encumbrances or obstrucrions prohibited. No person shall encumber or obstruct any
sidewalk, lane, alley, public ground, public landing, wharf or pier, or other public place
by placing thereon or therein any building materials, carriages, carts, wagons, sleighs,
boxes, lumber, firewood, posts, awning or any other materials or substance whatever.
(b) Sidewalk cafe exemption. Any food establishment which operates a restaurant and is
licensed under Chapter 331 of the Legislative Code may, with notice to the license
inspector, expand the operation of that restaurant onto a part, and only that part, of the
public sidewalk or public landing, wharf or pier which immediately adjoins the licensed
premises (hereafter refetxed to as "sidewalk cafe"). The following restrictions shall apply;
provided, however, that the license inspector may without adverse hearing procedures
impose additional reasonable restrictions or withdraw approval upon the operarion of any
sidewalk cafe where necessary in the judgement of the license inspector to protect the
public health, safety or welfare or to prevent a nuisance from developing or continuing:
(1) No sidewalk cafe shall be permitted in any portion of the public sidewalk where
normal pedestrian traffic flow is obstructed. A minimum cleazance width of thirty-
six (36) inches must be maintained on the public sidewalk at all times.
(2) No tables, chairs or any other furnishings, except plant tubs, shall be placed in the
azea used for the sidewalk cafe during any period when the sidewalk cafe is not P�lB! IsNED
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(4)
(5)
The use of a portion of the public sidewalk for retail display or sale shall not be an •3 ` !Y
exclusive use. All public improvements including, but not ]imited to, trees, light 6� �
poles, traffic signals, pull boxes or manholes, or any public-initiated maintenance
procedures or work, shall take precedence over said use of the public sidewalk at
ail times. The merchandise and display racks, tables and equipment shall be
removed from the sidewalk immediately to pernut such public-iniriated
maintenance procedures or work.
No alcoholic beverages shall be allowed on the public sidewalk at any time.
No plant tub shall be located or maintained on the public sidewalk as part of the
display and/or sale of inerchandise under this subsection.
(6) This subsection applies to and permits only the sale and display of inerchandise
and goods, and does not pernut the sale, display or provision of services on the
public sidewalk. This subsection does not apply to or allow the sale and display of
merchandise and goods on public sidewalks by transient vendors or other persons
who do not operate a retail business in a building on the private property adjoining
the public sidewalk where the sales and display take place.
(7) No person shall sell or display merchandise, or pernvt the sale or display of
merchandise, under this subsection until he or she has first obtained liability
insurance or an amendment or rider to an existing liability insurance policy
insuring the said person and the City of Saint Paul and its officers and employees,
against liability which might arise out of the display or sale of inerchandise by
such person upon the public sidewalk in an amount at least equal to the masimum
statutory liability of the city, its officers and employees. Failure to obtain such
insurance shall be grounds for adverse action against all licenses held by such
person, and shall be a misdemeanor violation of the Saint Paul Legislative Code.
The City of Saint Paul, together with its officers and employees, shall be named as
additional insureds in the said liability insurance policy, and shall meet all other
requirements established by law or the city risk manager.
(8) Failure to comply with the provisions of this subsecUon (c), or with the terms of
additional restrictions by the director, or with the terms of a withdrawal of
approval by the director, shall be a misdemeanor, and shall be grounds for adverse
action against all licenses held by such person.
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� � �� ' open and being operated. While such cafe is in operation, all tables and chairs b3 3 �8
,�� q �� f shall be kept in a clean, sanitary condition. �
(3) The use of a portion of the public sidewalk as a sidewalk cafe shall not be an
exclusive use. All public improvements, including but not limited to, trees, light
poles, traffic signals, pull boxes or matilioles, or any public-initiated maintenance
procedures, shall take precedence over said use of the public sidewalk at all times.
(4) No alcoholic beverages shall be allowed in the sidewalk cafe a�e exceut
with the appropriate license.
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. The licenseholder shall, in addition to all other
requirements of law, take reasonable steps to insure that alcoholic beverages are
consumed only by patrons of the establishment who are of age, and not by
passersby or persons who aze not of age or who aze obviously intoxicated.
Reasonable steps may include the use of barriers or fences, supervision of the
outside azea by security or staff personnel, and/or surveillance by electronic
monitors. Failure to take such reasonable steps and use them at all times that
alcoholic beverages are consumed in the sidewalk cafe is grounds for the
imposition by the city council of a condition on the license to prohibit sale of
alcoholic beverages in the sidewalk cafe, and such condition shall not be deemed
to be an adverse ac6on against the license, and does not require the notice and
hearing procedures of section 310.05 of the I.egislative Code. Such sidewalk cafes
are deemed part of the licensed premises for all requirements of the law.
(5) As part of a sidewalk cafe, no plant tub shall be located or maintained:
a. Without the approval of the director of public works;
b. In any alley;
c. At any location where the distance from the face of the curb to the inside
sidewalk is less than eight (8) feet;
d. At any location less than fifty (50) feet from the neazest point of
intersection with a street, except eighty (80) feet in bus loading areas,
unless the director of public works shall approve;
e.
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Any closer than ten (10) inches from the face of the curb; and
At any location which, in the opinion of the director of public works,
interferes with pedestrian traffic.
(6) It shall be the duty of the licensed food establishment to maintain each plant tub at
all times in a safe condition at its proper location and to inspect each such tub
periodically in order that it may be properly maintained. Trees or plants and their
tubs shall at all times be kept in a neat, clean and presentable condition. No
� 1,�{ [(� ���{ �� advertising matter or sign or writing of any kind shall be displayed upon any tree A f er
2� ���`� or plant or its tub. Q 3•3 y
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(7) No sidewalk cafe exemption shall be effective unless the licensee has filed with
the license and pernrit division evidence of insurance insuring the licensee against
liabiliry imposed by law arising out of the ownezship, maintenance or operation of
such sidewalk cafe in an amount to be established by the city's risk manager. The
city shall be named an addirional insured in the policy, providing such insurance
and such policy shall further provide that it may not be canceled except upon ten
(10) or more day's written notice filed with the license and permit division. In the
case of a sidewalk cafe which will be located on a public landing, wharf or pier
under the control of the Division of Parks and Recreation, the licensee must also
show evidence of approval by the Division for such extension.
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(c) Sidewalk sales exemption. Any person, partnership, firm or corporation ("person") which
operates a retail business in Saint Paul may, with advance written notice to the director of
the department of public works ("director"), use a limited part of the public sidewalk
which immediately adjoins the premises of such retail business for the display and sale of
its merchandise. All of the requirements and restrictions of this subsection (c) shall be
binding upon such person and upon the display and sale of inerchandise. In addition, the
director may, without adverse hearing procedures, impose additional reasonable
restrictions upon, or withdraw approval of, the use of any sidewalk for retail sales where
necessary in his or her judgment to protect the public health, safety and welfare or to
prevent a nuisance from developing or continuing. Withdrawal of approval may be for
either a specified time or an indefinite period, within which or after which no such person
shall use the public sidewalk for the display or sale of inerchandise. Such additional
restrictions or withdrawal of approval shall be effective upon delivery of written notice
thereof to the person, or an employee of the person at the business premises involved.
(1) The display and/or sale of inerchandise shall not be pernutted in any portion of the
public sidewalk where normal pedestrian traffic flow is obstructed. A minimum
cleazance of at least thirty-six (36) inches must be maintained on the public
sidewalk at all times.
(2) No display racks, tables or other equipment of any kind shall be placed, or
permitted to remain, on the public sidewalk during any period when merchandise
is not displayed and available for purchase. While such merchandise is displayed
and/or available for purchase, all racks, tables and other equipment shall be
maintained in a clean and sanitary condition.
� � � � � �� � � Section 2 03 �3 (� �
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4 This ordinance shall take effect and be in force thirty (30) days following its passage,
5 approval and publication.
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'" a ' - :FIC.
OFFICE OF LIEP Date: GREEN SHEET
Janeen Rosas, Director March 25, 2003
266-9013 No.403501 �� 3 �
CONTACT PPsR50N & PHON&: 1 EPAi2TMBNT DIRECIOR 4 xxx covrrcxL
aaeen Rosas (266-9013) '�' 2 =� ATT°'u�e�` _� °'e�`
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uSt be On Council Agendd: '� nixacrox IN. fi MGT. SVC. DIR.
�
s SoOn AS Possible g Yox cox nssxsxaNx>
OTAL # OF SIGNATURB PAGSS 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
ordinance amending Chapter 106 of the Saint Paul Legislative Code to permit
lcohol to be served in sidewalk cafes in all areas of the city, eliminating
the restriction of such service only to the downtown business district or
commercial development districts.
,7�� �P='.�:< '��':,,
' COFII�NDATIONS: APPROVE (A) OR REJECT m) 8RSONAL SBRVICS CONTRACPS M[JST ANSWBR T88 FOLLOiVING=
' t.�?s .t
PLANNING COMMI63ZON CIVIL SERVICE COMtATS3ION 1. Has the pezsoa/fizm ever urorked undex a contract for�[H3s�itl� .
CIB C1�MMITTE& BUSINESS REVIEW COUNCIL YSS NO
STAFF _ DISTRICT COUNCIL 2. Has this person/firm ever been a Cnty employee?
DTSIRICT COi7kT _ YES NO
� 3. Does Yhis person/firm possess a skill not normally possessed by any
, SUPPORTS WHICH COUNCIL OBJECTZVE? Current City employee?
YES NO
laia all YSS aasrrera on a aeHarate sheat aad attach. -
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
, Currently a commercial development district needs to be created if a business
outside of downtawn wishes to establish a sidewalk cafe with alcohol on sale.
" This is a very cumbersome and lengthy process requiring a change in the Saint
` Paul City Charter and a Special City Council Meeting for each individual
address wishing to establish a commercial development district. This
:, legislation allows sidewalk cafes to serve alcohol throughout the city.
VANTAGES IF APPROVED:
' Streamlining of the process necessary for restaurants to have sidewalk dining
`. and sidewalk liquor licenses. More outdoor dining in the City of Saint Paul
-creating a more hospitable atmosphere for visitors.
ISADVI�NTAGES IF APPROVED:
-, rgument by some that alcohol would be easier for minors to obtain and that
• there would be more alcohol consumption in general.
ISADVANTAGES IF NOT APPROVED:
The long and cumbersome process of establishing Commercial Development
istricts for every small establishment that wanted outdoor dining would
continue. Saint Paul may continue to be viewed by some as not being business
, friendly.
OTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)