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HomeMy WebLinkAbout4C, Approve the 2011 Liquor License Renewals.�- EN HILLS Request for Council Action Prepared By: Rebecca Brazys, Deputy Clerk � Sue Iverson, Director oi�'inat�ce and Councii Meeting Date: December 13, 2010 Administrative Services Approve the 2011 Liquor License RenewaIs Budgeted Amount: Actual Amount: Funding Source: NA NA NA Recommenda�ion: Motion Yo approve the 2011 liquor license renewaI applications as submitted. Supportin� Doc�me�ts: I. Memorandum dated December I3, 201 a, from Rebecca Brazys. 2. City Code for AlcohoIic Beverages. 3. Emai1 noti�cation from Rarnsey County Sheriff regardi�ag liquar cornpliance check. � EN H�LLS MEMORANDUM DATE: December 13, 2010 TO: Honorable Mayor ar3d Crty Council Members Patrick Klaers, City Administratar FROM: Sue Iverson, Director of Rinance and Administrative Services Rebecca Brazys, Deputy Clerk SUBJECT: 2011 Liquor License Renewals Back�round The following Arden Hills businesses h.ave requested renewal of their City Iiquor Iicenses for 2011. 'I`l�e City has received the required Certif cates of Insurance and application forms, the background checks and fire inspection reparts have been comple#ed for each location. The Ramsey County Sheriff conducted an alcohol compliance check on April 16, 2010. None o� the Arden Hills Iicensees failed. A second compliance check will take place before the end of the year. . . . , On,-;: ....Off ` Sunday.: Wine 3 2 ', 2 00 `:: � � �- ; ...Sale ���5ale ��� Sale. �': .. �1n1��� ' :,Establish,men# Na"me - Beer ' a:rr�.' Bi Ten Su er Club X X X X Blue Fox X X X Cub Foods X X Cub Discount Li uors X Da�anni's X X Flahert `s Arden Bowl X X Great China Restaurant X Linde 's Steakhouse X X Requested Actian Motion by the City Council to approve the 2011 Iiquor Iicense rez�ewa� applications as submitted and list�d above. _ _ __ __ __ Attacn ment A City Code - Alcoholic Beverages City of Arden Hills Chap�er 5 Alcoholic Beverages Chap#er 5 Alcoholic Beverages Section 500 - General Provisians (Revised 10/2b/09) 500.1 Defnitions. For the purposes of this chapter, the following words and phrases shall have the mea�ir�gs respec#ively ascribed to thein: Subd.13.2% Malt Liquor. Malt liquor canfaining not less than 112 of 1% a[cohol by volume, nar more than 3.2% alcohol by weight. Subd. 2 Alcohalic Beverage. Any beverage contaEning more than 1/z of 1% alcohol by volume. Subd. 3 Club. An incorporated organization organized under tEte Iaws o�the State of Minnesota for civil, fraternal, social or business purposes, for intellectual improvement, or for the promotion of sports, and which has been in e�cistence in �he City for fifteen {15) years; or a congressionally chartered veterans' organization which has been in existence in the City for ten (IO) years; and are organizations that: A. Have more than 30 members; 5-1 ltevised Au�;ust 3I, 2009 City of Arden Hills Chapter 5 Alcohoiic Beverages B. Have o�vned or rented a building, or space in a buiFding, for more than one year that is suitable and adequate for the accommodation of its �ne�nbers; C. Are directed by a board of directors, executive committee or other similar body chose� by the members at a nReeting held for that purpose; D. Do not distribute profits to officers, agents, employees ar members or their guests, from the sale of aEcoholic beverages beyond a reasonabl� salary or wage fixed and voted each year by the gaverning body; and E. Se�l alcoholic beverages onIy to members a�nd ta their guests. Subd. �E Distilled Spiri�se E�hyl aIcohol, hydrated axide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for e�on industrial use. Subd. 5 Exclusive Liquo� Store. An establishment nsed e�clusively for the sale of alcoi�olic beverages; tobacco products; ice; beverages, either �iquid or powder, specifically designated for mixing with intoxicating liquor; sof� drinks; liqueur-�iiled candies; faod praducts thati con#ain more than 1/Z of 1% alcohol by volume; cark extraction devices, books and videos on the use of alcoholic beverages; magazines and 5-2 Revised August 3i, 2UU9 City of Arden Hilis Chapter 5 Alcaholic Beverages other publications published primarily for the information and educatian on alcoholic beverages; and home brewing eqni�ment. S�rbd. 6 Hotel. An establishment where food and lodgi�g are regularly furnish�d to transients and which has: A. dining room servin$ the general public at tables and having facilities for seating at least thirty (30) guests at one time; and B. Gnest rooms for at least ten (10) guests. Subd. 7 Intox�cating Liquor. Ethyl aicohol, distilled, fer�nented, spirituous, vinous, and malt beverages containing nnore than 3.2% of alcohol by weight. Subd. S Licensed Premises. The compact a�d contiguous space described in the approved license applicatian. �ubd. 9 Off-Sale. T�e sale of alcoholic beverages in originat packages for consumptiQn off the lice�tsed premises only. Subd. 10 On-Saie. The sale of akoholic beverages for consumption an the licensed prennises only. 5-3 Revised August 31, 2009 City af Ard�n Hills Chapter 5 Alcoholic Beverages Subd.11 Pacl�age. A corked or sealed container of alcoholic beverages as provided by the manufacte�rer or distiller. Subd.12 Person. An inr�ividual, a body poletic or corporate, a partnershep, anci other unincorporated associations. Subd. 13 Restaurant. An establishment, other than a hotel, under the control of a si�gle proprietor or manager, where meals are regularly prepared on the premises and served at tables to thc general public, and having a minimum seating capacity for thirty (34) guests. Se�bd.14 Sale. To directly, or indirecfly, on any pretense or by any device, sell, barter, keep for sale, charge for passession, or othe�-wise dispose of alcoholic beverages as part of a co�nmercial transacti4n. Subd.15 Wine. T�e product �r►ade irom the normal alcoholic fermentation oigrapes, including stilE wine, sparkling and carbonated wine, wine nnade from condensed must, wine made frarn other agrice�ltural products than sound, red $rapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each ins�ance containing not less than 1/z o� �%, �or nnore than 24% alcohol by voIume for non-industrial use. Wine does �ot include distilled sprits. 5-4 Revised August 31, 2U09 _ _ .. . ... ..... .. . . ...... City of Arden HiNls Chapter 5 Alcohoiic Beverages 500.2 License Reqaired. No persan may sell alcoholic beverages without having obtained the appropriate alcohoEic beverage Iicense. 500.3 Types of Licenses. The following types of alcoholic beverage licenses may be issu�ed in the City of Arden Hills: 1. Off-Sa[e Intoxicating Liquor L�cense. An Off-Sale Intoxicating Liquor License shall only be issued to exclusive liqnor stores. 2. On-Sale Xntoxicating Liquor License. On-Sale Intoxicating Liquor Licenses shall only be issued to: a. Ho#els; b. Restaurants; c. Clubs; d. exclusive liquor stores. 3. Temparary On-Sale I�ioxicating Liquor License. A Temporary On-Sale Intoxicating Liquor License shall be issued on[y to a club ar a charitable, religions, or other non pro�t organization that has been in exisfence fox three S-5 Revised August 31, 20d9 City of Arden Hxlls Chapter 5 Alcoholic Beverages (3) years; or a political committee registered under M.S. 10A.14; or a state university or college; in connection with a socia[ event sponsorer� by the licensee within the City. The Temporary 4n-Sale Intoxicating Liqnor License may not authorize the sale for mare than foar (4) consecutive days and may no# authorize sales on premises other t�an the premises that the licensee awns or occupies withi� the Ciiy. 4. On-SaIe 3.2% Malt Liquor License. On-Sale 3.2% Malt Liquor Licenses shall aniy be issued to restaurants, hatels, clubs, bowling centers, a�d establishments used e�zclusively for the sale of 3.2°/a malt liquor for cons�mption only on the premises. 5. Off-SaEe 3.2% Malt Liquor License. Off Sale 3.2% Malt Liquor Licenses shall �ermit the sale of 3.2% tnalt liquor in the original package for cans�mptian only off of the premises. 6. Temporary On-Sale 3.2% Malt Liquor Licenses. A Tempora�-y On-Sale 3.2% Malt Liq�eor License shall only be issued to chariiable, religiaus and non-profit organizations and shall permit the consumption of3.2% mait liyuor only on the licensed premises. 7. On-Sa�e Wine. On-sale wine licenses shall only be issued �o a restaurant. A wine license �ermits the sa[e a#' wene up to 14% alcohol by volume for 5-6 Revised August 31, 2DD9 _. ......_ ..._ __ _ _ City af Arden Hills Chapter 5 Alcoholic Beverages consumption with the sale of food. In no event shall an an-sale iicense be issued to a fast food restaurant as defined in the City Code. S. Sunday On-Saie Intoxicating Liquor License. Sunday On-Sale Intaxicating Liquor Licenses sha[I be only issued �o a restaurant, club, bowling center, or hotel; which holds an O�-sale �ntoxicating Liquor License. An establishment serving intoxicating liqe�or on Sundays must obtain a Sunday Liquor License. 500.4 Persons Ineiigible for License. Na license shall be issued or �ransferred to, �eld by, or renewed for any person: 1. Who is less than twenty-one (21) years o#' age. 2. �1VE�o a�, or has a r�irect i�teres� �n, a raaan�faeta�ree� or wlaol�sa�e� of fntoxicati�g liquors. 3, Who has direct or indirect interest i�t any other establishrnenf i� the City of Arden Hills to which an alcoholic beverage license of the same type has been issued by the City. 4. To whom, in the judgrnent of the City Council, based upon information received as part of the applica#io� and investigation process, such issuance, transfer or renewal would not be in the best interest o� the pubiic. 5-7 Revised August 31, 2009 __. . ... City of Arden Hills Chapter 5 Alco�olic Beverages 5. Who possess a federal wholesale liyuor dealer's special tax stamp or a federal gambling stamp. 6. Who has, within five {5) years �rior to the alcoholic beverage license application been convicted of a felony, ar of vxolating any law of the State of Minnesota rela�ing to f�e manufacture, sale, distribution or possession for sale or distribution of aMcohol�c bevera�es and cannot demonstra�e competent evidence under M.S. § 364.03, as amended from time to time, of sufficient rehabilita�ion and present �tness to perform the duties of an alcoholic beverage license. 500.5 Places Ineiigible, An alcahalic beverage license shall not be issned, transferred, or renewed �or the co�dac# of business in any premises: i. On which real estate taxes, special assessments, or other financial claims of the City of Arden Hills are delinquent. 2. Which is Iocafed withi� five hundred {S00) feet of any school or any church unless the premises are currently licensed for the sale of alcoholic beverages. 3. That is owned by a person to vc�horn no alcoholic bevarage license could be issued under the pravisions of the laws of the State of Minnesota. 4. That is not in campliance with the building code, �he fire code, andlor the 5-S Itevised August 31, 2009 Cety of Arden Hills Chapter 5 AIcohofic Beverages development regulations of the City of Arden Hills. 5. Which has been issued an adult establishment license. 500.6 Applications. Applications for an alcoholic beverage Iicense s�all be verified and submitted on forms prescribed by the Minnesota Comz�aissio�er of Public Safety or, if such forms are no� available for a particular type of license, on farms provided by the City Administrator. The applications shall include the following: 1. A legal de�cription for the property on which aicoholic �everages will be so�d or cp�sumed. 2. A scale drawing of #he premises in which the alcoholfc beverages will be sold or consumed, inclading exterior portions thereof, which will be used for such purpose. 3. The alcaholic beverage license fee and investigat'ro� fee. 4. Other information as required i�t the application form. 500.7 Invesfigation. �nitial alcoholic beverage license applica�ions, renewal applications, and tra�sfer application shall be referred to the City's law enforcement agency for background and financial i�vestigations of the applicant and/or owner in such detail as the lar�v enforcement agency deems appropriate for the type af license being requested. 5-9 Revised August 31., �004 _ _ ._ Ciiy of Arden Hills Chapter S Alcoholic Beverages 500.$ Alcoholic Beverage License Fees. The Arden Hills City Counci[ shall adopt an ordinance which establishes alcoholic beverage license fees and license i�vestigation fees snbject to the limitations contained in Minnesota Statutes 340A.408. 500.4 Refund of Fee. Sabd. 1 Except as provided in this subsection, na par-f of the fee paid For an alcoholic beverage license s�all be refanded. Refund applications shall �e made within thit�ty {30} days of the accurrence o� the follawing events: A. Destruction or damage to the licensed premise by f re or other catastrophe to such an extent �hat the licensee ceases to carry on the licensed business; and B. Discontinuance of the business of the licensee by reason af death or illness of the licensee. Subd. 2 Tke Council;nay, at its discretion, refund a pro rata partian of the license fee. s - xo Revised August 3I, 2009 City of Arden Hills Chapter S Alcuhalic Beverages 500.10 Liability Insurance. No retail alcoholic beverage license may be issued, maintained, or renewed unless the applicant demonstrates proof of financial responsibility. The City shall submit to the Co�nmissioner af P�blic Safety the applicant's proof oi �nancial respansibility. Subd. 1 Minimum Coverages. The minimum requirement for proof of financial responsibility may be given by filing: A. A certificate that states �here es a� effect for the license period an insura�ce policy issued by an insurer required to be license under Minn. Stat. 60A.07 Subd. 4, or by an insurer recognized as an eligible surplus lines carrier pursua�nt to Minn. Stat. 60A.2U6, or pool providing at least $50,000 of coverage because of bodi[y injury to any one person in any one occurrence, $100,000 because of bodily injury to two (2) or �ore persons in any one occurrence, �10,000 because oF inj�ry to or destiruction of property oi others in any one occuwrence, $50,000 for �oss of ineans of support of any one person in any one occurrence, and $100,Q00 for ioss of means of support for two (2) or more �ersons in any one occurrence or; B. A Bo�d fxom a surety compan� witk minimum coverages as provided in Section 500.10, Subd. 1(a). 5-11 Revised August 31, 2009 City of Arden Hills Chapter 5 Alcoholic Beverages Subd. Z Cance[lation Provisions. The [iability insurance policy required by this section must provide that it cannat be cancelled for: A. Any cause, except �on-paymeni of premium, 6y eifher the insured or the insurer, unless the cancelling pariy has first given thirty (30) days notice in writing to the City of its intent to cancel the policy; a�d B. Non-payment of premium �nless the cancel[ing party has �rst given ten (10) days notice in writing to the City of its intent to cancel the policy. Subd. 3 Exemptions. The insurance requirements provided herein do not apply to Iieensees who by affidavit estabiished: A. They are an On-Sale 3.2% Mal# Liquor LiceRsee with sales of less than $25,000 of 3.2°/a malt liquor for the preceding year; B. They are Off-Sale 3.2% Malt Liquor Licensees with sales of less than $50,000 af 3.2% malt liquor for fhe preeeding year; or C. They are holders of On-Sale Wine Licenses with sales of less than $25,000 of wine for the preceding year. 5-12 Revised August 31, 2009 City of Arde�► Hilis C�apter S Alcoholic Be�verages 50011 Granting of Licenses. The City Council may make, ar ca�se to be made, an in�estigation, as it deen�as appropriate, of the claims set forth in the application. The Council may hold a public hearing relative to the issua�ce of any licensc under the provisions of �his section. The granting of an-sale and off-sale liquor licenses shall be discretianary with the Council, No off sale liquor license shall become effect�ve unti[ it, together with the proof of insurance furnished by the applica�.t, has been aPproved by the commissioner of public safety. 500.12 All licenses issued under the prov�sions of this section shali expire on the last day of December of each yeaw. Each license shall be issued for a per�od of one year, but if a portian of the license year has elapsed when the applicatior� is made a ticense may be issued for the re�nainder of th� year for a pro rata fee. In computing the fee, any expired frac#ion of a mo�th s�all be counted as one month. 50013 Renewals. Applications for renewal of an existing license issued under the provisions of this chapter shalI be filed with the City Adtninistrator on or before November 1 of the year preceding the year which is the subject of the license. 500.14 Transfer. No license may be transferred to anofher person or to another place without the approval of the City Council. Verified �ppIication for #rausfer shall be made in writing to the City Administrator and shali be accompanied by certitied check or �noney order payable to the Ciiy, i� fhe amount esiablished by Ordinance adopted by the CounciL The Council shall make aw cause to be made an investiga.tian as it deems appropriate regarding the transferee or the proposed Iocation. This provision sha[1 also ap�ly in the event of application by a corporate 5-13 Revised A�gust 31, 2fl09 City of Arden Hills Chapter 5 Alcoholic Beverages licensee for transfer of stock in the corporation, provided that na tran�fer fee s�ali be charged if the transfer is the first within the period of the license or the stock sought to be transferred does not canstitute fifty (50%) percenti or �nore of the outstanding common stock ofthe corporatian. It is hereby made the duty of the of�cers of any corporation holdi�g sach a lice�se to notify the Council of any proposed sale or transfer of any stock that result in another persort holding ten or more percent interest in the corporation. The transfer of any such stoc[� without the knowledge and cansent of the Council shaIl be deemed sufficient cause for revocatian by the Council of any license granted to the corporation under authority oF this subsection. The corpora#e officers shall also notify the Council whenever any cl�ange is made in the officers of any such corporation, and failure to notify Council shaIl be suffcient canse �or revocation of any liquor license granted to the corporation. 500.15 Display. The license issued under the provisions of this section shal! be posted in a conspicuous place an tl�e lice�sed premises at all fimes. 500.15 Hours of �ale. Subd.1 On-Sale Into�icating Liquor. No sale of intoxicating liquor for consumption on the Iicenscd Premises may be made: A. Between 2:00 a.rn. and $.00 a.m, on Monday t�rough Satarday; or B. After 2:aa �.m, on Sunday unless the licensee has also been issued a Sunday on-sale liquor license. 5-14 Revised August 31, 2449 City of Arden Hills Chapter 5 A[col�olic Beverages Subd. 2 Temporary On-Sale Intoxicating Liquor. Permissible hours of sale will be stated on the permit. Subd. 3 On-Sale 3.2% Malt Liquor. No sale of3.2% malt liquor may be made between 2:40 a.xn. and $:00 a.rrE, on Monday through Saturday or after 2:aa a.m. on Sunday. Subd. 4 Temporary On-Sale 3.2% Malt Liquor. Permissible hours af sale will be speci#ied on ihe perrnit. Subd. S On-Sale Wine. No sale ofwine tnay �e made between 2:00 a.nn. and 5:00 a.m. on Monday through Sat�rday or a�ter 2:00 a.m. on Sunday. Subd. 6 Sunday On-Sale In#o�icating Liquor. Saies are permitted between the hours af 1Q;00 a.rn. on Sunday and 2:00 a.m, on Monday in conjunction with the sale af food. Subd. 7 Off-Sale �ntoxicating Liquor. No sale of intoxicating liquor may be made b� an off-sale licensee: A. On Sundays. B. Before 8:00 a.m, or after �4:00 p.m. an Monday thraugh Satarday. C. On Thanksgiv�ng Day. 5-15 Revised August 31, 2009 _ _ __ City of Arcien Hills Chapier S Alcoholic Beverages D. After 8:00 p.m, on Christmas Eve on December 24. E, On Christmas Day, December 25. 50D.17 Suspension and Revocatio�. Upon the finding that a license holder has failed to comply with a��licable statutes, rules, or city regulations relating to alcoholic beverages, the City may revoke the license, suspend the Iice�se for up to sia�ty {60) daps, impose a civil penalty of u� ta $2,000 far each violation as hereinafter provided, or impose a cambinatian of these sanctions. No suspension or revocatian shalf take effect until the licensee has been given an opportunity for a�tearing under the provisio�s of Minn. Stat. 14.57 to 14.64 af the Administrative Procedure Act. 500.1$ Administrative Fines. The parpose af this section is ta establish an escalating scale af per�alties for ihe sale of alcoholic beverages to an nndarage person; for the sale af alcoholic beverages to an obvious�y intoxicated perso�; for permtitting after hour sales, display, or consu�n�tion of an alcoholic beverage; or illegal gambling on premises comnnittad by the license holder or its employees. Su.bd. l For on-sale and off sale lieense ho[ders w�o partecipate in optional rnanager and scrver training, sabject to the approval of the City, and prave the person who sald or served alcohal �ad received server training within t�e previous year: A. For a first violation, the penalty shall be an administrative fine as set by 5-�6 Revised August 31, 2�09 _ .._ _ _ City of Arden Hills Chapter 5 Aicoholic Beverages the City's fee schedule and one (1) ad�itianal compliance check. B. For a second violation, in foriy-eight (48) months, the pena[ty sl�all be an administrative �ne as set by the City's fee schedule and o�e {�} additional compliance check. C. For a third violation in forty-ei�ht (4$} naonths, the penalty shall be an administrative fine as set by t�e City's fee 'schedule, a one (1} day suspe�sian and one (1) additiona[ connpl�ance check. D. For a fourth violation in forty-eight (4Sj rnonths, the pe�atty shalt be an administrative fine as set by the City's fee schedule and the license may be revoked. Subd. 2 For on-sale and off-sale license holders who do not participate in o�tional manager and server training, subject to the approval of the City: 5-17 Re�ised Aagust 31, Z009 City af Arden Hills Chapter 5 Alcafeolic Beverages A. For a first violation, tbe �enalty shall be an administrative �ne as set by the City's f�e schedule and one (1) additionaE campliance check. B. For a second violafion, in forty-eight (4$) months, the penaity shall be an admi�istrative fine as set by the City's fee schedule and one (1) addifianal compliance c�eck. C. For a third violation in for#y-e�ght (4$} manths, the penalty shall be an administra�ive fine as set by the City's �ee schedale, a three (3) day suspension and one {I) additional compliance checl�. D. For a fourth violation in� foriy-eight (48) mon#hs, the penalty shall he an administrative fine as set by the City's �ee schedule and the license may be revoked. 5-18 Revised August 31, 2009 Attachment B Ramsey County Sheriff's Ernail �EC, 8. 2010 3:48PM b5126b7306 N0, 1459 P, 7 Moedy, ,1�m �� n�rr r r�uw � Pram: Sal4�r, M�ke Sent: Monday, A�ril 'i 9, 2010 9:50 AM To: Moody, Jim Cc: Alf�ndorfer, Gearge Subject: FW: �mm: hlankee, Mi[ce �.�.,��,.����.��,»�.»�......,��..aa.�...�....,�___,__.�.,._.. Sent: Mvnday, April 19, 2010 9:�� AM 70: Sal��, Mike; Paget, Jae; Qtta, Kevin; Rzeszutek, William Sub�ec�: On the evening af �riday 4-1 �-2010 I]eputy I�,zeszuteK and i canduc#ed alcohol complianc� cE�ecks in the seven contr�ct cities af Arden Hills, Gem Lake, Lit#le Canada, hlarkh O�ks, 5horeview, V�drt2i5 F��ights, and White Be�r `faWnShlp. Two male buy�rs assisted �n doing the checks (one 20 2r�cf the bther '19 y�ars old), F1� general practice one buyer rade with one deputy and atEempted t� pUrchase a�coY,al at any liquor stor�, gas s�ation, or grocery s#ore that hQld� � liquor ficer�se in flte c�ntract cities. After fhat was comp�e#�d th� b[�yers� and deputies jained up and the buyers wou[d en#er the bars ar+d resta�rants #ogether. 62 tatal businesses r�veze chec�ec�.. Bzo�ez� do� fihat �nclud�d: 34 bar/resta�ants, 17 Iiquar stores, 3 gas statians, and 3 grocery stores. Addi�ion�lly, S other busiztesses were �heoked t�at sk�o�va�. to ho�d a liquor license but did nvt have a�.cc�hol for sale. ' Ofali the business�s checked, Kozlak's RoyalOa� Restat�ant is th� on1� buainess that faiied, sel�ing a tap beer to #�xe 19 year old buyer. �,1so during the evenin� D�puly ltzeszutek obsezved a n��aax o�suspi.ciaus juveniles in tb.e Rainbaw raods par�Oix�g Xo�. Uppn makir,.g contact with the j�ver�les he discovered t�ae� pass�ssed a bottle af alcahol, and m.�xij�a�za., �Vith ]�.i�h school grad�ua�ions and �xor�z seaso�x startin� u�, it was nice tv see so xxaa,ra� busir�esses ir� compliance tivith the law. D���� �'� � S�'a �� .Sc� ,�eaa�ov�.e ��ie� ¢� G5T�621�7�i23