03-687Council File # y� `� �+ '
Ordinance #
Green Sheet # �d���Z.
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
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Presented By
Referred To
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
An ordinance amending Chapter 410 to pernut sale of on-sale 3.2
malt liquor unri12:00 a.m. by those establishments which have
obtained a permit from the State
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Committee Date :
Section 1
Section 410.04 of the Saint Paul L.egislative Code is hereby amended to read as follows:
Sec. 410.04. Regulations.
(a) Restrictions on minors. A minor, as used hereiri, is any person under the age of twenty-
one (21) years.
16 (1) No licensee, or agent or employee thereof, shall serve or dispense upon the
17 licensed premises any intoxicating liquor or nonintoxicating malt liquors to any
18 minor; nor shall such licensee, agent or employee pernut any minar to be
19 furnished with or to consume any such liquors on the licensed premises; nor shall
20 such licensee, agent or empioyee pernut any minor to be delivered any such
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liquors.
(2) No minor shall misrepresent his or her age for the purpose of obtaining
intoxicating liquor or nonintoxicating malt liquor; nor shall he or she enter any
premises licensed for the retail sale of intoxicating liquor or nonintoxicating malt
liquor for the purpose of purchasing or having served or delivered to him or her
for consumption of any such intoxicating liquor or beer; nor shall any such person
purchase, attempt to purchase, consume or have another person purchase for him
or her any intoxicating liquor or beer.
(3) No minor shall induce any person to purchase, procure or obtain intoxicaring
liquor or nonintoxicating malt liquor for him or her.
34 (4) Proof of age for purposes of consuming, purchasing or possessing an alcoholic
35 beverage, the consumption, sale or possession of which is regulated by age, may
36 only be established by a valid driver s license or a Minnesota Identification Card
37 issued pursuant to Minnesota Statutes, Section 171.07 or, in the case of a foreign
38 national, by a valid passport.
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1 (b) Intoxicating liquor prohibited. It shall be uniawful for any person duly licensed to seil ��— ��
2 nonintoxicaring malt liquor, but not duly licensed to sell intoxicating liquor, or for any of
3 his agents, servants or employees, to keep, store, possess, have under his control, sell ar
4 permit any person to keep, store or possess any intoxicating liquor upon said premises.
It shall be unlawful for such licensee, his agents, servants or employees to permit the
7 consumption of into�cating liquor upon said premises.
9 For the purposes of this chapter, "intoxicating liquor" is hereby defined to mean and
10 include ethyi alcohol and any distilied, fermented, spirituous, vinous or malt liquid of any kind
11 potable as a beverage, which liquid wntains an alcoholic content in excess of three and two-
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tenths (3.2) percent thexeof by weight.
(c) Sales prohibited; hours. No such nonintoxicating malt liquors shall be sold either on-sale
or off-sale between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday
through Saturday inclusive, nor between the hours of 1:00 a.m. and 12:00 noon on
Sundays. Notwithstanding the foreeoine, an establishment which has received a permit
from the State of Minnesota which authorizes sale of 3.2 percent malt liquor on-sale
between the hours of 1:00 a.m. and 2:00 a.m. mav make such sales if it has provided a
conv of the nermit to the Director of the Office of LIEP. No on-sale licensee shall permit
any such nonintoxicating malt liquors to be consumed on its premises during the hours
when the sale thereof is by this chapter prohibited. Notwithstanding the foregoing,
establishments holding on-sale licenses issued under this chapter may remain open for the
sale of food after the hours of sale provided therein and until 3:00 a.m. if they have first
obtained an extended service license. Such license shall be a Class III license. Application
shall be made on such forms as may be provided by the Office of License, Inspections
and Environmental Protection. The fee for such license shall be established by ordinance
as provided in section 310.09(b) of the Legislative Code. The regulations in section
409.071(b), and notice and consent requirements in section 409.07.1(c) of the Legislative
Code shall apply to extended service licenses under this chapter.
(d) Dancing. Dancing wherein the public participates and dancing, singing and other
vaudeville exhibitions or entertainment are hereby at all times prohibited on the premises
of any off-sale licensee; provided, however, that if such premises are duly licensed for
entertainment, such dancing, exhibitions or entertainment may be pernutted.
(e) Music. All music, by whatever means provided, is hereby prohibited upon the premises of
any on-sale licensee between the hours of 9:00 p.m. of any one (1) day and 9:00 a.m. of
the following day, except where such premises aze duly licensed for entertainment;
provided, that an on-sale licensee is hereby permitted to operate a radio and obtain music
therefrom between said hours of 9:00 p.m. and 9:00 a.m.; provided further, that the tone
of such radio is modulated so as not to annoy the occupants of neazby premises. The
failure of any on-sale licensee using a radio between said hours to keep the same from
becoming a nuisance to occupants of neazby premises shall be deemed sufficient cause, in
the discretion of the council, to revoke his license to sell such nonintoxicating malt
liquor.
(fl Sales on days of parades. When a licensee is notified by the police department that a
parade will be held within one (1) block of the licensee's establishment, all
nonintoxicating malt beverages and liquid of any type sold during the entire day of said
parade shall be sold oniy in plastic or paper containers. In addition, upon receiving such
notice, the licensee shall place a person at each entrance and each exit of the
establishment at least one (1) hour prior to the time of parade, and the licensee shall
require a person to remain at those locarions until one (1) hour after the parade to ensure
that patrons do not enter or exit with beer or intoxicating liquor.
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5 (g) Parking; visual screen. When an eacisting building is converted to on-sale nonintoxicating
6 malt liquor purposes, eacisring off-street pazking facilities which serve the building shall
7 be provided with a visual screen where the parking facility adjoins or abuts across an
8 alley any residenrial use or residential zoning district. The screen shall be between four
9 and one-half (41/2) and six and one-half (6 1/Z) feet in height and of sufficient density to
10 visually separate the pazking facility from the adjacent residential use district. The screen
11 may consist of various fence materials, earth berms, piant materials or a combination
12 thereof. Access by patrons to the parking facility from an adjacent alley should generally
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be prohibited.
Sale of nonintoxicating liquor regulated. No person shall give, sell, procure or purchase
nonintoxicating liquor to or for any person to whom the sale of nonintoxicating liquor is
forbidden by law.
(i) Consumption in public place prohibited. No person shall mix or prepare nonintoxicating
liquor for consumption, or consume it, in any public place not licensed in accordance
with this Code and the State of Minnesota.
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Sale or consumption in automobiles or on public highways prohibited. No
nonintoxicating liquor shall be sold or consumed on a public highway or in an
automobile.
(k) Leaving licensed prenzises with nonintoxicating liquor; responsibility of lice�asee. No
licensee shall allow any person to leave a premises, for which an on-sale nonintoxicating
license has been issued, with a bottle, can or glass containing any nonintoxicating liquor.
Each licensee shall be responsible for taking reasonable and adequate steps to prevent
persons from leaving the licensed premises with a bottle, can or glass containing any
alcoholic beverage, and the failure to do so may subject each licensee to adverse action
against his or her license.
(1) No person, �oup or association applying for or holding a license under this chapter shall
restrict membership in its club or organization, or restrict access to the licensed premises
or any facilities of such person, group or association, on the basis of race, creed, religion,
sex, national origin or anceshy, age, disability, marital status or status with respect to
public assistance. This provision shall not apply to any religious corporation, association
or society with respect to membership or access based on religion, where religion is a
bona fide qualificarion for membership or access. A violation of the foregoing shall
constitute sufficient grounds for adverse action against the license or license application,
including revocation or denial of the license.
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3 Section 2
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5 This ordinance shall take effect and be in force thirty (30) days following its passage,
6 approval and publication.
Adopted by Council: Date �i
Adoption (�exltified by Council
Byc
By:
: V Date � /). � _ � cl
Requested by Department of:
By: �J � "'°'!i(��
Form Approved by City
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Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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Departrnentloffice/council: Date Initiated:
�p — 1.iceace/IaspectioNEnvironProt 03JUL-03 Green Sheet NO: 3002402
Contact Person 8. Phone• Deoartrnent Sent To Person InitiaUDate
Vrginia Palmer � 0 ' Attome
266-8710 q�iyn 1 icense/ius ctioNEnviron Pro
Must Be on Couneil Agenda by (Date): Number 2 a r•s Office
For
Routing 3 ouncil
Order 4 a or•s Oflice
Total # of Signature Pages _(Clip All Locations for Signature) '
Action Requested:
Approval of an Ordinance amending Chapter 410 to permit sale of on-sale 32 malt liquor unri12:00 AM by those establishments which
have obtained a permit from the state.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects MustAnswerthe Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person�rm possess a skill not normally possessed by any
� current city employee?
Yes No '
F�cplain all yes answers on separete sheet and akach to green sheet
Iniciating Problem, Issues, Opportunity (Who, What, When, Where, Why): '
The State of Minnesota approved the sale of malt liquor, wine and on-sale liquor untIl 2:00 AM. Saint Paul City Council approved 2:00
AM closing hour for malt liquor, wine and liquor on-sale and Sunday on-sale for those establishmerns which have obtained a pernut
from the state. This ordinance brings consistency to 32 malt establishmenu and allows them to remain open unti12:00 AM. There aze
only two 32 mak liquor licensees in Saint Paul. Neither has applied for the 2:00 AM closing time.
AdvanWges If Approved:
DisadvanWges If Approved:
Disadvantages If Not Approved:
Total Amount of Cost/Revenue Budgeted:
Transaction:
Funding Source: Activitv Number: '
Financial I nformation:
, (E�cplain)
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