04-584Counci] File # � � ' � � �
Ordinance #
Green Sheet # � � J ' � �
ORDINANCE
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
46
1 An ordinance amending Chapter 409 to eliminate the requirement
2 that seasonal outside service areas be immediately adjacent to and
3 contiguous with the structure containing the licensed premises
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THE COUNCIL OF THE CITY OF SAINT PAUL DOE5 ORDAIN:
Section 1
ChapYer 4Q9.06 of the Saint Paul L.egislative Code is hereby amended to read as follows:
Sec. 404.06. Licensing requirements.
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(g) Seasonal outside service areas. The council may, by resolution, permit any licensee to sell
or serve intoxicating liquors in areas outside the building structure which are immediately
adjacent to and contiguous with the structure containing the licensed premises or on
pronert�leased or owned b�the licensee which is within fortv-five (451 feet of the
pronert�line of the licensed premises. Propert�which is not connected to the licensed
uremises cannot be used as an outside service azea if it is located across a ri�ht of way
such as a street or allev. Such outside service areas shall be seasonal, and shall not
involve an enlargement of the building structure. Such permission shall not be granted
unless all the conditions of subsections (1) through (7) and all pertinent provisions of the
zoning code are satisfied.
(1) No outside service azea shall be pernutted unless the licensee presents with his or
her application for such outside service azea a statement in writing by ninety (90)
percent of the owners of all private residences, dwellings and apartment houses
located within three hundred (300) feet of the proposed outside service area that
they have no objection to such service area. Measurements shall be determined
from the property line of the licensed premises to the property line of the
residential uses; provided, however, that where the licensed premises is located
within a shopping mall or shopping center the measurements shall be determined
from the neazest corner of the building in which the licensed premises is located to
the property line of the residential uses.
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(2) Off-street parking spaces may not be reduced by the estabiishment of an outside
service area below the number of off-street pazking spaces which would be
required if the licensed premises together with the outside service area were to be
newly constructed in conformity with the zoning code; provided, however, that
this requirement may be modified by the council by resolution in accordance with
the procedures and substantive criteria provided in section 409.08(ll)e. of this
L,egislarive Code.
(3) No outside service azea shall be permitted unless the licensee provides, in addition
to other requirements of law, safety barriers or other enclosures to protect patrons
from any hazards, including vehiculaz traffic.
(4) No outside service area shall be located on public property or upon any street,
alley or sidewalk, nor shall such outside service areas hinder or obstruct vehicular
or pedestrian traffic on any street, alley or sidewalk. Notwithstanding the
foregoing, the sale and service of alcoholic beverages within a sidewalk cafe by a
food establishment which is licensed as a restaurant under Chapter 331A of the
Legislative Code and which is in compliance with the provisions of section
106A1 of the Legislauve Code, is pernutted.
(5) The council may deny any application for an outside service area where it has
reason to believe, or may revoke its permission for such an outside service area
where it is satisfied, that the impact of such outside service area on adjoining
property will be, or has been, any of the following:
a.
b.
c.
d.
e.
Loud, boisterous or disturbing noise levels;
Hazardous traffic conditions;
Offensive, obnoxious or disturbing odors;
Excessive litter;
Excessive artificial lighting;
Substantial decrease in adjoining property values; or
g. Any other condition inconsistent with the reasonabie use and enjoyment of
adjoining property and inconsistent with the health, safety, morals and
general welfare of the adjoining neighbors or community.
(6) Permission to sell and serve intoxicating liquor in or upon any outside service area
may be revoked by the council on three (3) days' notice to the licensee, pursuant to
information received at a public hearing before said council. The information need
not be received under oath, but must reasonably satisfy the council as to the
existence of any or all of the conditions listed in subparagraph (5). The public
hearing sha11 be conducted with such formal or informal procedures as the council
may pernut, so long as the licensee and any complaining parties have an
opportunity to be heard.
(7) The licensee shall, with respect to any outside service area, comply with all
applicable provisions of law and regulations in regard to the sale and service of
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o�- s ��f
intoxicating liquor, including, without limitation by reason of this specification,
all applicable regulations contained in sections 409.08 and 409.09 of this chapter.
x�x
Section 2
This ordinance shall take effect and be in fozce thirty (30) days following its passage,
approval and publication.
Requested by Departmen[ of:
Adopted by Council: Date _/L
Adoption CRrtified by Council
BYc
BS' �
Date
By:
Form Approved by City Attorn
By: '� �h���
Approved by Mayor for Submission to Council
By:
�
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a s �
;. � o �� �g�f
GREEN SHEET
No 205136
Dave Thune 651-266-8620 u, u
IST BE ON COUNCIL AGQJDA BY (DATE]
6/02/04 � ❑rnr.nou�r ❑rnraFra
eaixaeeFOrt
ROUTING
ORDER ❑ IilM1lxlnL�FRV1cumL ❑ nL111C111LfERV/ACCTO �
❑ YAroRIORASmrMln ❑
TOTAL # OF SIGNATURE PAGES (CL]P ALL LOCATfONS FOR SfGNATUR�
�TION REQUES7FD � - � � �
An ordinance amending Chapter 409 to eliminate the requirement that seasonal outside
service areas be immediately adjacent to and contiguous with the structure containing
the licensed premises.
PLANNING CAMMISSION
CIB COMMITTEE
CNIL SERVICE CAMMISSION
IF
RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
Has this person/fim ever worked urder a contract Tor this tlepartmenl7
YES NO
Has this persoMrm ever been a city empbyee?
VES NO
Does Mis PersoNfiim W� a sldll r� normallYG� bY any curteM cill' em0�%'ee'7
YES NO
Is this persoMrm a tarpetetl vendoYt
YES NO
/
ACTNIN NUMBER
AMOUN7 OF 7RANSACTION
COST/REVENUE BUDCETED (CIRCLE ONE)
YES NO