Received in an email from Apop Records:
If you live in Saint Louis city (MO) and care about individual rights and business rights, if you’re getting fed up with ever-extending grip of city and state legislation and bureaucracy, attend the Cherokee Street Business Association Meeting tomorrow, Thursday May 15, at 6 pm in the basement of the Cherokee business incubator building (that’s where the Red Latina and Cherokee Dry Cleaners are) to support dissent. The address for this is 2715 Cherokee Street. St. Louis, MO 63118.
“Cherokee People,
Below is an email I sent last night to Jim Merkel of the South Side Journal regarding the attached bill sponsored by Craig Schmid. You can pretty much gauge my thoughts on the situation from the email. If you have time I would encourage everyone to read the bill and bring your input to the business association meeting on Thursday. Also, try to encourage others to attend - especially residents of the the 20th ward. Unfortunately I probably won’t be able to make the meeting due to a prior commitment but I’m hoping we’ll have a decent discussion on this.
Craig did respond with an email today stating that he sent Patavee the Bill on Friday but it’s clear from the timestamp on the email to Patavee that he did this only after I requested that the business association have some input. I’ll forward along my correspondence with Craig as well.
Thanks,
Jason”“Jim,
I’m writing to you regarding the attached bill sponsored by 20th ward Alderman Craig Schmid that is listed on the Board of Alderman web site as “Prohibiting package liquor in the 20th Ward”. This bill contains an Emergency Clause so as to move quickly through committee.
The scope of this bill extends beyond simply prohibiting package liquor and has many provisions which I and others believe put the up-and-coming Cherokee Business District at a distinct disadvantage when competing for new businesses that wish to serve liquor. Some of these provisions include; an increase in parking requirements for establishments that serve liquor, a restriction on hours of operation during the week requiring businesses to close at midnight, installation of a video surveillance system that operates 24/7 and must have a live video feed available for viewing by computer via internet with a password provided to the Alderman of the 20th Ward, no outside performances, sales, equipment, beer garden, or activities, no music or noise audible outside of the establishment, and no more than two (2) establishments having a liquor license with gross food sales less than 50% of gross sales within 350 feet of each other. These provisions create a significant barrier to entry for new businesses.
Other commercial districts such as South Grand, Washington Ave, and the Grove have all experienced recent revitalization with liquor serving establishments as a component of their success. The “Legislative Findings” on the first page of the bill present a picture that is entirely contrary to these successes.
I’ve left two messages and sent an email to Ald. Schmid since this came out on May 9th to address these concerns and haven’t heard back. Additionally, this bill was drafted without any input or consideration from the Cherokee Station Business Association who’s boundaries lie within the 20th ward and of which I am a board member. Because of the Emergency Clause, time is of the essence on this bill. Unfortunately due to aldermanic courtesy there is a chance that this will pass before anyone even knows it exists. With increased public awareness it is my hope that a dialogue can take place to shape policy that more accurately reflects the opinions of local residents and business owners. Your help in generating this awareness would be greatly appreciated.
Thanks,
Jason Deem”From: Jason Deem <jason@jadproductions.com>
Date: May 13, 2008 11:13:42 PM EDT
To: Craig Schmid <schmidc@stlouiscity.com>
Subject: Re: Proposed liquor control law in 20th Ward with pilot
project on Cherokee Street.Craig,
When you say “The reason I spoke with the neighborhoods is because the provisions are strictly for the benefit of the neighborhoods” that seems to imply that if these provisions were also for the benefit of the business association you would have sought our input as well. I think it is important to take input from all parties involved when creating legislation, not just those who are likely to benefit from it or those who are likely to agree with it. While I appreciate your response in this matter, I find it odd that you responded to Patavee on Friday an hour after I left a voicemail and emailed requesting to discuss the bill and you didn’t respond to me until 4 days later. I am concerned that without a request, this bill never would have been brought to the association. I am also concerned that the use of an emergency clause may be an attempt to rush this into effect before it has a chance to be properly vetted by all parties involved. I sincerely hope that my gut feeling is wrong and I look forward to further discussion on Thursday.
Thanks,
Jason Deem
(314) 323-6488
jason@jadproductions.com
2615 Cherokee Street
St. Louis, MO 63118On May 13, 2008, at 12:35 PM, Craig Schmid wrote:
Jason:
I sent a copy of the proposed legislation on Friday to Patavee. I will forward a copy to you. We are trying to loosen the 50% food requirements on Cherokee only. In return there are some provisions to protect the surrounding neighborhoods. The reason I spoke with the neighborhoods is because the provisions are strictly for the benefit of the neighborhoods. The Delmar Loop does quite fine with the 50% food requirement. And, if a restaurant with 50% food locates on Cherokee Street, they would not have these additional parking, security, video surveillance, and limits on numbers requirements. Some of the requirements dealing with noise, litter, loitering, and separation of tables from the pedestrian area, the neighborhoods and I are already requesting for alcohol licenses in general.
Although the added requirements are for the neighborhoods, they will probably help businesses in the long run too. We are not trying to put the district at a disadvantage. Rather, we want folks to be thinking of these things upfront and dealing with them, so that we can all be successful.
Thanks. Craig
>>> Jason Deem <jason@jadproductions.com> 05/09/08 2:39 PM >>>
Hi Craig,
I think the Cherokee Station Business Association was left out of this process. While I think the bill is well intended I am concerned that there are a few provisions that put the district at a disadvantage when competing to attract new businesses. Please contact me at your earliest convenience to discuss.
Thanks,
Jason Deem
(314) 323-6488
jason@jadproductions.com
2615 Cherokee Street
St. Louis, MO 63118—————-
Greetings:
This in legalese is about what I believe we spoke when we discussed amending the current liquor control law in the 20th Ward to be a bit more flexible for possible new and exciting developments on Cherokee Street only, while at the same time protecting and attracting other new businesses and protecting surrounding residential areas.
This proposed legislation, which I will be introducing, provides for: 1) reduction in food sales from a minimum of 50% to 35%; 2) No package liquor to carry out; 3) parking facilities of at least 15 spaces, 30 spaces if live entertainment, and 30 additional spaces for every 1000 square feet of space in excess of the initial 1000 square feet of space; 4) hours of operation 6 a.m. to midnight weekdays (which I personally think is a bit too late) and 6 a.m. to 1:30 a.m. on weekends; 5) hiring of a security guard if there is an occupancy load limit of over 100 people from 9 p.m. to closing; 6) video surveillance with taping and access by the Excise Commissioner, law enforcement, and alderman; 7) no more than 2 establishments with less than 50% food within 350 feet of each other; 8 ) no outside activities or stuff; 9) doors and windows closed and no sound audible outside; 10) no board-ups of windows or doors; 11) sidewalk tables with extension of premises permit and nice 4 foot fence; 12) daily clean-up of litter, trash can and proper dumpster; 13) enforcement of “No Loitering” and “No Open Containers”; 14) commercial occupancy permit with these conditions.
If there are some glaring errors I have made, we can always amend this in committee. I will need your support when this comes for a hearing before the committee.
Again, I want to thank you for the “heavy lifting” and effort that you and others have expended. The work of revitalizing a community is not always glamorous, but I think it is certainly worthwhile. It cannot happen without the help of lots of folks. Thanks for your tremendous contributions here in this legislation and
in other endeavors for our community.Thanks. Craig”
THE BILL*************
May 9, 2008
BOARD BILL NO. 47 INTRODUCED BY ALDERMAN CRAIG SCHMID
An ordinance prohibiting the issuance of any package or drink liquor licenses for any currently non-licensed premises within the boundaries of the Twentieth Ward Liquor Control District, as established herein, for a period of three years from the effective date hereof; containing an exception allowing, during the period, for the transfer of existing licenses, under certain circumstances, and the issuance of a drink license to persons operating a restaurant at a previously non-licensed premises, or operating a premises with at least 35% food sales and complying with other requirements set forth herein and having a commercial occupancy permit with certain enumerated conditions attached thereto; and containing an emergency clause.
BE IT ORDAINED BY THE CITY OF ST. LOUIS AS FOLLOWS:
SECTION ONE. LEGISLATIVE FINDINGS.
The existence of alcoholic beverage establishments appears to contribute directly to numerous peace, health, safety and general welfare problems including loitering, littering, drug trafficking, prostitution, public drunkenness, defacement and damaging of structures, pedestrian obstructions, as well as traffic circulation, parking and noise problems on public streets and neighborhood lots. The existence of such problems creates serious impacts on the health, safety and welfare of residents of single- and multiple family residences within the district, including fear for the safety of children, elderly residents and of visitors to the district. The problems also contribute to the deterioration of the neighborhood and concomitant devaluation of property and destruction of community values and quality of life. The number of establishments selling alcoholic beverages and the associated problems discourage more desirable and needed commercial uses in the area. In order to preserve the residential character and the neighborhood serving commercial uses of the area, there shall be liquor control requirements on the issuance of new liquor licenses within the area beginning at the intersection of the centerlines of S. Broadway and Interstate 55, and proceeding along the centerlines in a generally clockwise direction south to Kosciusko St., north to Winnebago St., west to Marine Ave., south to Chippewa St., west to Missouri Ave., south to Keokuk St., west to S. Broadway, north on S. Broadway to Jefferson Ave., north to Chippewa St., west to Ohio Ave., south to Keokuk St., west to California Ave., north to Chippewa St., west to Oregon Ave., south to Osage St., east to California Ave., south to Gasconade St., west to Pennsylvania Ave., south to Meramec St., west to Michigan Ave., north to Gasconade St., west to Louisiana Ave., north to Osage St., west to S. Grand Blvd., north to Alberta St., east to Arkansas Ave., north to Chippewa St., east to Tennessee Ave., north to Potomac St., east to Louisiana Ave., north to Gravois Ave., east to Virginia Ave., south to Utah St., east to Compton Ave., north to Gravois Ave., northeast to Juniata St., east to Minnesota Ave., south to Utah St., east to Pennsylvania Ave., south to Cherokee St., east to Nebraska Ave., north to Wyoming St., east to Oregon Ave., north to Juniata St., east to California Ave., south to Wyoming St., east to Texas Ave., south to Utah St., west to Ohio Ave., south to Cherokee St., west to Iowa Ave., south to Miami St., east to Ohio St., north to Potomac St., east to Indiana Ave., south to Miami St., east to S. Broadway, northeast to Salena St., south to Miami St., east to Cleon St., northeast to President St., southeast to Second St., northeast to Potomac St., northwest to S. Broadway St., northeast to the point of beginning. Such area shall be known as the Twentieth Ward Liquor Control Area.
SECTION TWO.
The Excise Commissioner is hereby prohibited, for a period of three years, beginning as of the effective date of this Ordinance, from approving the issuance of a package or drink liquor license for any premises, not licensed as of the effective date hereof, which is located within the boundaries of the Twentieth Ward Liquor Control District established in Section One of this ordinance.
SECTION THREE.
Notwithstanding the provisions of Section Two of this Ordinance, the Excise Commissioner shall have authority to: (1) Approve transfer of an existing license to another premises within the petition circle of the currently licensed premises, pursuant to the provisions of subsection (B) of section 14.06.330 of Ordinance 61289; and (2) Issue a drink license for a premises, not licensed as of the effective date of this Ordinance, which currently is or will be, upon opening, operated as a restaurant, as such term is defined in section 14.01.390 of Ordinance 61289. (3) Issue a drink license only with the following conditions applied and enforced in an area with a Cherokee Street address from the west curbline of Iowa Avenue to the east curbline of Nebraska Avenue; A. No package liquor and premises must be operated as a restaurant with gross food sales constituting at least 35% of gross sales; and B. Operator of the premises must have and maintain at all times written permission to use a public commercial parking facilities within 350 feet of the premises: with a minimum of at least 15 parking spaces (paved, striped, having a six foot good quality, sturdy ornamental metal fence surrounding it and adequate lighting, and with concrete wheel stops, all complying with City of St. Louis requirements); and if there is live entertainment or live performances, with a minimum of at least 30 parking spaces (paved, striped, having a six foot good quality, sturdy ornamental metal fence surrounding it and adequate lighting, and with concrete wheel stops, all complying with City of St. Louis requirements); and having at a minimum at least 30 additional parking spaces for every 1000 square feet of business space in excess of the first 1000 square feet of business space; and C. Hours of operation limited to weekdays on Sunday through Thursday from 6 a.m. to midnight; and on weekends from 6 a.m. on Friday to Saturday at 1:30 a.m. and from 6 a.m. on Saturday to Sunday at 1:30 a.m.; and D. Operator must hire and maintain a security guard, licensed by the State of Missouri, patrolling the outside of the premises, including adjacent public areas, if the establishment has an occupancy load limit of over 100 people, from 9 p.m. to closing time; and E. Outside video camera(s) must be operated and taping 24 hours per day/seven days per week to view all areas from the establishment to the centerline of all adjacent streets and alleys with the capability of viewing all activity, facial features, and license plate numbers at all times of light or darkness; with tapes of all activity retained by the operator of the establishment for a period of at least 14 days after the taping and available to the Excise Commissioner, law enforcement, Alderman of the 20th Ward, and the City of St. Louis; and available for viewing by computer internet access in real time with a password, provided to the Excise Commissioner, law enforcement, Alderman of the 20th Ward, and the City of St. Louis; and F. No more 1 than two (2) establishments having a liquor license with gross food sales less than 50% of gross sales within 350 feet of each other; and G. No outside performances, sales, distribution, cooking, storage, equipment, beer garden, or activities; and H. Doors and windows closed except for entry and exit from street facing doors and no music or noise audible outside of the establishment; and I. No board-up or bars on windows or doors; and J. Sidewalk tables for restaurant purposes only may only be permitted in accordance with an extension of premises permit with an appropriate 4 foot high good quality, sturdy, black ornamental metal fence separating the tables from the rest of the minimum 4 foot wide public sidewalk; and K. Operator must clean from the premises to the middle of all adjacent alleys and streets on a daily basis, maintain a public trash can (approved by the City) in front of the premises, empty the public trash can at least once per week and as needed, and maintain a locked commercial dumpster that is emptied at least weekly and as needed; and L. “No Loitering” must be enforced around the premises and “No Open Containers” must be enforced around the premises; and M. Premises must have a commercial occupancy permit issued by the City of St. Louis with the conditions set forth in A though L hereinabove.
SECTION FOUR. EMERGENCY CLAUSE.
This being an ordinance for the preservation of public peace, health and safety, it is hereby declared to be an emergency measure within the meaning of Sections 19 and 20 of Article IV of the 1 Charter of the City of St. Louis and therefore this ordinance shall become effective immediately upon its passage and approval by the Mayor.
