HomeMy WebLinkAbout2009-011City of Arden Hills Chapter 5 Alcoholic Beverages
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO.2009-011
AN ORDINANCE AMENDING CHAPTER 5 REGARDING ALCOHOLIC BEVERAGE
REGULATIONS
THE CITY COUNCIL OF THE CITY OF ARDEN HILLS HEREBY ORDAINS THAT
CHAPTER 5 OF THE CITY CODE REGARDING ALCOHOLIC BEVERAGE
REGULATIONS SHALL BE AMENDED AS FOLLOWS:
Chapter 5 Alcoholic Beverages
Section 500 - General Provisions
500.1 Definitions. For the purposes of this chapter, the following words and phrases shall have
the meanings respectively ascribed to them:
Subd. 1 3.2% Malt Liquor. Malt liquor containing not less than 1/2 of 1 % alcohol
by volume, nor more than 3.2% alcohol by weight.
Subd. 2 Alcoholic Beverage. Any beverage containing more than V2 of 1 % alcohol
by volume.
Subd. 3 Club. An incorporated organization organized under the laws of 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 existence in the City for fifteen (15) years; or a congressionally
chartered veterans' organization which has been in existence in the City
for ten (10) years; and are organizations that:
A. Have more than 30 members;
B. Have owned or rented a building, or space in a building, for more
than one year that is suitable and adequate for the accommodation
of its members;
C. Are directed by a board of directors, executive committee or other
similar body chosen by the members at a meeting held for that
purpose;
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D. Do not distribute profits to officers, agents, employees or members
or their guests, from the sale of alcoholic beverages beyond a
reasonable salary or wage fixed and voted each year by the
governing body; and
E. Sell alcoholic beverages only to members and to their guests.
Subd. 4 Distilled Spirits. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine,
whiskey, rum, brandy, gin, and other distilled spirits, including all
dilutions and mixtures thereof, for non industrial use.
Subd. 5 Exclusive Liquor Store. An establishment used exclusively for the sale of
alcoholic beverages; tobacco products; ice; beverages, either liquid or
powder, specifically designated for mixing with intoxicating liquor; soft
drinks; liqueur -filled candies; food products that contain more than V2 of
1 % alcohol by volume; cork extraction devices, books and videos on the
use of alcoholic beverages; magazines and other publications published
primarily for the information and education on alcoholic beverages; and
home brewing equipment.
Subd. 6 Hotel. An establishment where food and lodging are regularly furnished
to transients and which has:
A. A dining room serving the general public at tables and having
facilities for seating at least thirty (30) guests at one time; and
B. Guest rooms for at least ten (10) guests.
Subd.7 Intoxicating Liquor. Ethyl alcohol, distilled, fermented, spirituous,
vinous, and malt beverages containing more than 3.2% of alcohol by
weight.
Subd. 8 Licensed Premises. The compact and contiguous space described in the
approved license application.
Subd.9 Off -Sale. The sale of alcoholic beverages in original packages for
consumption off the licensed premises only.
Subd. 10 On -Sale. The sale of alcoholic beverages for consumption on the licensed
premises only.
Subd. 11 Package. A corked or sealed container of alcoholic beverages as provided
by the manufacturer or distiller.
Subd. 12 Person. An individual, a body politic or corporate, a partnership, and
other unincorporated associations.
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City of Arden Hills Chapter 5 Alcoholic Beverages
Subd. 13 Restaurant. An establishment, other than a hotel, under the control of a
single proprietor or manager, where meals are regularly prepared on the
premises and served at tables to the general public, and having a minimum
seating capacity for thirty (30) guests.
Subd. 14 Sale. To directly, or indirectly, on any pretense or by any device, sell,
barter, keep for sale, charge for possession, or otherwise dispose of
alcoholic beverages as part of a commercial transaction.
Subd. 15 Wine. The product made from the normal alcoholic fermentation of
grapes, including still wine, sparkling and carbonated wine, wine made
from condensed must, wine made from other agricultural products than
sound, red grapes, imitation wine, compounds sold as wine, vermouth,
cider, perry and sake, in each instance containing not less than V2 of 1 %,
nor more than 24% alcohol by volume for non -industrial use. Wine does
not include distilled sprits.
500.2 License Required. No person may sell alcoholic beverages without having obtained the
appropriate alcoholic beverage license.
500.3 Types of Licenses. The following types of alcoholic beverage licenses may be issued in
the City of Arden Hills:
1. Off -Sale Intoxicating Liquor License. An Off -Sale Intoxicating Liquor
License shall only be issued to exclusive liquor stores.
2. On -Sale Intoxicating Liquor License. On -Sale Intoxicating Liquor
Licenses shall only be issued to:
a. Hotels;
b. Restaurants;
d. Clubs;
e. Exclusive liquor stores.
3. Temporary On -Sale Intoxicating Liquor License. A Temporary On -Sale
Intoxicating Liquor License shall be issued only to a club or a charitable,
religious, or other non profit organization that has been in existence for
three (3) years; or a political committee registered under M.S. 10A.14; or
a state university or college; in connection with a social event sponsored
by the licensee within the City. The Temporary On -Sale Intoxicating
Liquor License may not authorize the sale for more than four (4)
consecutive days and may not authorize sales on premises other than the
premises that the licensee owns or occupies within the City.
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City of Arden Hills Chapter 5 Alcoholic Beverages
4. On -Sale 3.2% Malt Liquor License. On -Sale 3.2% Malt Liquor Licenses
shall only be issued to restaurants, hotels, clubs, bowling centers, and
establishments used exclusively for the sale of 3.2% malt liquor for
consumption only on the premises.
5. Off -Sale 3.2% Malt Liquor License.
shall permit the sale of 3.2% malt
consumption only off of the premises.
Off -Sale 3.2% Malt Liquor Licenses
liquor in the original package for
6. Temporary On -Sale 3.2% Malt Liquor Licenses. A Temporary On -Sale
3.2% Malt Liquor License shall only be issued to charitable, religious and
non-profit organizations and shall permit the consumption of 3.2% malt
liquor only on the licensed premises.
7. On -Sale Wine. On -sale wine licenses shall only be issued to a restaurant.
A wine license permits the sale of wine up to 14% alcohol by volume for
consumption with the sale of food. In no event shall an on -sale license be
issued to a fast food restaurant as defined in the City Code.
8. Sunday On -Sale Intoxicating Liquor License. Sunday On -Sale
Intoxicating Liquor Licenses shall be only issued to a restaurant, club,
bowling center, or hotel; which holds an On -sale Intoxicating Liquor
License. An establishment serving intoxicating liquor on Sundays must
obtain a Sunday Liquor License.
500.4 Persons Ineligible for License. No license shall be issued or transferred to, held by, or
renewed for any person:
1. Who is less than twenty-one (21) years of age.
2. Who is, or has a direct interest in, a manufacturer or wholesaler of
intoxicating liquors.
3. Who has direct or indirect interest in any other establishment in 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 judgment of the City Council, based upon information
received as part of the application and investigation process, such
issuance, transfer or renewal would not be in the best interest of the
public.
5. Who possess a federal wholesale liquor dealer's special tax stamp or a
federal gambling stamp.
6. Who has, within five (5) years prior to the alcoholic beverage license
application been convicted of a felony, or of violating any law of the
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City of Arden Hills Chapter 5 Alcoholic Beverages
State of Minnesota relating to the manufacture, sale, distribution or
possession for sale or distribution of alcoholic beverages and cannot
demonstrate competent evidence under M.S. § 3 64.03, as amended from
time to time, of sufficient rehabilitation and present fitness to perform the
duties of an alcoholic beverage license.
500.5 Places Ineligible. An alcoholic beverage license shall not be issued, transferred, or
renewed for the conduct of business in any premises:
1. On which real estate taxes, special assessments, or other financial claims
of the City of Arden Hills are delinquent.
2. Which is located within five hundred (500) 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 whom no alcoholic beverage license could
be issued under the provisions of the laws of the State of Minnesota.
4. That is not in compliance with the building code, the fire code, and/or the
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 license shall be verified and
submitted on forms prescribed by the Minnesota Commissioner of Public Safety or, if such
forms are not available for a particular type of license, on forms provided by the City
Administrator. The applications shall include the following:
1. A legal description for the property on which alcoholic beverages will be
sold or consumed.
2. A scale drawing of the premises in which the alcoholic beverages will be
sold or consumed, including exterior portions thereof, which will be used
for such purpose.
3. The alcoholic beverage license fee and investigation fee.
4. Other information as required in the application form.
500.7 Investigation. Initial alcoholic beverage license applications, renewal applications, and
transfer application shall be referred to the City's law enforcement agency for background and
financial investigations of the applicant and/or owner in such detail as the law enforcement
agency deems appropriate for the type of license being requested.
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City of Arden Hills Chapter 5 Alcoholic Beverages
500.8 Alcoholic Beverage License Fees. The Arden Hills City Council shall adopt an
ordinance which establishes alcoholic beverage license fees and license investigation fees
subject to the limitations contained in Minnesota Statutes 340A.408.
500.9 Refund of Fee.
Subd. 1 Except as provided in this subsection, no part of the fee paid for an
alcoholic beverage license shall be refunded. Refund applications shall
be made within thirty (30) days of the occurrence of the following
events:
A. Destruction or damage to the licensed premise by fire or other
catastrophe to such an extent that the licensee ceases to carry on
the licensed business; and
B. Discontinuance of the business of the licensee by reason of death
or illness of the licensee.
Subd. 2 The Council may, at its discretion, refund a pro rata portion of the license
fee.
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 Commissioner of Public Safety the applicant's proof of financial responsibility.
Subd. 1 Minimum Coverages. The minimum requirement for proof of financial
responsibility may be given by filing:
A. A certificate that states there is an effect for the license period an
insurance 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 pursuant to Minn. Stat. 60A.206, or
pool providing at least $50,000 of coverage because of bodily
injury to any one person in any one occurrence, $100,000 because
of bodily injury to two (2) or more persons in any one occurrence,
$10,000 because of injury to or destruction of property of others
in any one occurrence, $50,000 for loss of means of support of
any one person in any one occurrence, and $100,000 for loss of
means of support for two (2) or more persons in any one
occurrence or;
B. A Bond from a surety company with minimum coverages as
provided in Section 500.10, Subd. 1(a).
Subd. 2 Cancellation Provisions. The liability insurance policy required by this
section must provide that it cannot be cancelled for:
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City of Arden Hills Chapter 5 Alcoholic Beverages
A. Any cause, except non-payment of premium, by either the insured
or the insurer, unless the cancelling party has first given thirty
(30) days notice in writing to the City of its intent to cancel the
policy; and
B. Non-payment of premium unless the cancelling party has first
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
licensees who by affidavit established:
A. They are an On -Sale 3.2% Malt Liquor Licensee with sales of
less than $25,000 of 3.2% malt liquor for the preceding year;
B. They are Off -Sale 3.2% Malt Liquor Licensees with sales of less
than $50,000 of 3.2% malt liquor for the preceding year; or
C. They are holders of On -Sale Wine Licenses with sales of less
than $25,000 of wine for the preceding year.
500.11 Granting of Licenses. The City Council may make, or cause to be made, an
investigation, as it deems appropriate, of the claims set forth in the application. The Council
may hold a public hearing relative to the issuance of any license under the provisions of this
section. The granting of on -sale and off -sale liquor licenses shall be discretionary with the
Council. No off -sale liquor license shall become effective until it, together with the proof of
insurance furnished by the applicant, has been approved by the commissioner of public safety.
500.12 All licenses issued under the provisions of this section shall expire on the last day of
December of each year. Each license shall be issued for a period of one year, but if a portion of
the license year has elapsed when the application is made a license may be issued for the
remainder of the year for a pro rata fee. In computing the fee, any expired fraction of a month
shall be counted as one month.
500.13 Renewals. Applications for renewal of an existing license issued under the provisions
of this chapter shall be filed with the City Administrator on or before November 1 of the year
preceding the year which is the subj ect of the license.
500.14 Transfer. No license may be transferred to another person or to another place without
the approval of the City Council. Verified application for transfer shall be made in writing to
the City Administrator and shall be accompanied by certified check or money order payable to
the City, in the amount established by Ordinance adopted by the Council. The Council shall
make or cause to be made an investigation as it deems appropriate regarding the transferee or
the proposed location. This provision shall also apply in the event of application by a corporate
licensee for transfer of stock in the corporation, provided that no transfer fee shall be charged if
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City of Arden Hills Chapter 5 Alcoholic Beverages
the transfer is the first within the period of the license or the stock sought to be transferred does
not constitute fifty (50%) percent or more of the outstanding common stock of the corporation.
It is hereby made the duty of the officers of any corporation holding such a license to notify the
Council of any proposed sale or transfer of any stock that result in another person holding ten or
more percent interest in the corporation. The transfer of any such stock without the knowledge
and consent of the Council shall be deemed sufficient cause for revocation by the Council of
any license granted to the corporation under authority of this subsection. The corporate officers
shall also notify the Council whenever any change is made in the officers of any such
corporation, and failure to notify Council shall be sufficient cause for revocation of any liquor
license granted to the corporation.
500.15 Display. The license issued under the provisions of this section shall be posted in a
conspicuous place on the licensed premises at all times.
500.16 Hours of Sale.
Subd.I On -Sale Intoxicating Liquor. No sale of intoxicating liquor for
consumption on the licensed premises may be made:
A. Between 2:00 a.m. and 8:00 a.m. on Monday through Saturday;
or
B. After 2:00 a.m. on Sunday unless the licensee has also been
issued a Sunday on -sale liquor license.
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 of 3.2% malt liquor may be made
between 2:00 a.m. and 8:00 a.m. on Monday through Saturday or after
2:00 a.m. on Sunday.
Subd. 4 Temporary On -Sale 3.2% Malt Liquor. Permissible hours of sale will be
specified on the permit.
Subd. 5 On -Sale Wine. No sale of wine may be made between 2:00 a.m. and
8:00 a.m. on Monday through Saturday or after 2:00 a.m. on Sunday.
Subd. 6 Sunday On -Sale Intoxicating Liquor. Sales are permitted between the
hours of 10:00 a.m. on Sunday and 2:00 a.m. on Monday in conjunction
with the sale of food.
Subd. 7 Off -Sale Intoxicating Liquor. No sale of intoxicating liquor may be
made by an off -sale licensee:
A. On Sundays.
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City of Arden Hills Chapter 5 Alcoholic Beverages
B. Before 8:00 a.m. or after 10:00 p.m. on Monday through
Saturday.
C. On Thanksgiving Day.
D. After 8:00 p.m. on Christmas Eve on December 24.
E. On Christmas Day, December 25.
500.17 Suspension and Revocation. Upon the finding that a license holder has failed to comply
with applicable statutes, rules, or city regulations relating to alcoholic beverages, the City may
revoke the license, suspend the license for up to sixty (60) days, impose a civil penalty of up to
$21000 for each violation as hereinafter provided, or impose a combination of these sanctions.
No suspension or revocation shall take effect until the licensee has been given an opportunity
for a hearing under the provisions of Minn. Stat. 14.57 to 14.69 of the Administrative Procedure
Act.
500.18 Administrative Fines. The purpose of this section is to establish an escalating scale of
penalties for the sale of alcoholic beverages to an underage person; for the sale of alcoholic
beverages to an obviously intoxicated person; for permitting after hour sales, display, or
consumption of an alcoholic beverage; or illegal gambling on premises committed by the
license holder or its employees.
Subd. 1 For on -sale and off -sale license holders who participate in optional
manager and server training, subject to the approval of the City, and
prove the person who sold or served alcohol had received server training
within the previous year:
A. For a first violation, the penalty shall be an administrative fine as
set by the City's fee schedule and one (1) additional compliance
check.
B. For a second violation, in forty-eight (48) months, the penalty
shall be an administrative fine as set by the City's fee schedule
and one (1) additional compliance check.
C. For a third violation in forty-eight (48) months, the penalty shall
be an administrative fine as set by the City's fee schedule, a one
(1) day suspension and one (1) additional compliance check.
D. For a fourth violation in forty-eight (48) months, the penalty shall
be an administrative fine as set by the City's fee schedule and the
license maybe revoked.
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City of Arden Hills Chapter 5 Alcoholic Beverages
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO.2009-011
On the 26th day of October, 2009, the Arden Hills City Council adopted Ordinance No.
2009-011, and by at least four/fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd.
4, and directed that a summary of Ordinance 2009-011 be published.
Ordinance 2009-011 is titled: An Ordinance Amending Chapter 5 of the City Code
Regarding Alcoholic Beverage Regulations.
A full copy of Ordinance 2009-011 is available for inspection by any person during
regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden
Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden-
hills.mn.us.
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City of Arden Hills Chapter 5 Alcoholic Beverages
Subd.2 For on -sale and off -sale license holders who do not participate in
optional manager and server training, subject to the approval of the City:
A. For a first violation, the penalty shall be an administrative fine as
set by the City's fee schedule and one (1) additional compliance
check.
B. For a second violation, in forty-eight (48) months, the penalty
shall be an administrative fine as set by the City's fee schedule
and one (1) additional compliance check.
C. For a third violation in forty-eight (48) months, the penalty shall
be an administrative fine as set by the City's fee schedule, a three
(3) day suspension and one (1) additional compliance check.
D. For a fourth violation in forty-eight (48) months, the penalty shall
be an administrative fine as set by the City's fee schedule and the
license maybe revoked.
Effective Date. Ordinance No. 2009-011 shall become effective the day following its
publication, or the publication of the Ordinance Summary in the City's official newspaper.
Adoption Date. Passed by the City Council of the City of Arden Hills the 26th day of October,
2009
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Stanley a tead, ayor
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Ronald J. Moo e, City Administrator
Publication Date. Published on the 4th of November, 2009.
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Meeting - Attachment A - Liquor Regulations.doc
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