HomeMy WebLinkAbout2002-02-20 CC Packet
WORK SESSION MEETING
WEDNESDAY, FEBRUARY 20, 2002
6:30 P.M.
I. CALL TO ORDER
1. Roll CaD
II. SET AGENDA
III. PUBLIC HEARING(S)
IV. APPEARANCES/AWARDS
1. Mr. ADen Erickson & Mr. Michael McManus (MN Dept. of Public Safety,
Alcohol and Gambling Enforcement Div.)
2. Centennial Police Chief, Mr. Joel Heckman
V. HANDOUTSIITEMS FOR DISCUSSION
1. January 23, 2001 Staff Memo (ProcesslTimeframe for Liquor Licensing)
2. Minnesota Department of Public Safety Alcohol and Gambling Enforcement
Div. Renewal of Liquor, Wine, or Club License Application
3. Police Reports (Quad Press)
4. Web Site References (MN Statute 340A-Liquor)
5. Sample City Ordinances
a. League ofMN Cities Model Liquor Ordinance
b. City of Plymoutb
c. City of Circle Pines
d. City of Lexington
6. City ofCenterville's Current Ordinance #13 (Sale & Consumption of
Intoxicating Liquor)
7. City ofCenterville's Current Ordinance #66 (The Sale of Tobacco)
VI. ADJOURNMENT
Mefu
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TO: Honorable Mayor and Council Meinbers
FROM: Staff
SUBJECT: Processffimeframe for Liquor Licensing
DATE: January 23, 2001
Early September
Receive State Liquor License Renewal
Applications.
Late September - November
Renewal Application, City Required Forms and
Letter Notifying Applicant of Timeframe and
Deadlines Forwarded to Applicant for Completion.
October 15
All Property Tax and Utilities Must be Paid by
Individua1/Entity on Dwelling of Business or
Property Owned Within the City.
Applicant Must Secure Liquor Liability Insurance
for the Year they are securing the License for (State
will Not Consider Application unless Included with
Same).
Upon Receipt of
All Applicants' Completed Forms
Forwarded to Centennial Lakes Police for
Background Check/Citations.
Upon Receipt from Centennial
Lakes Review - November or
December
Presented to Council for Consideration.
Early December
Forwarded to State for Approval
Mid Deceinber
Forwarded to Applicant
In the past, We have heard complaints in regards to securing liquor liability insurance
months before needed and have had problems with delinquent property taxes or utilities,
which will also delay the process.
,
ST MN ALe GAMS ENF
6512975259
01 /04 '02 '15: 45 NO.5 97 Q1 /01
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MIJw_ Oepo.rtme," ,;/ Public Sofucy
Alrotzol and GlUublinll Enfo.rcolllent
. 444 Ced... St=4$llilo 133
St. P.ul. MN 55101-5133
(,51.296-$79 '1Tr 6.51.282-6555, ~'X 651.297-52;9
RENEWAL OF LIQUOR, WINE. OR CLUB LICENSE
lil?W"""'''' '.ilI O. '.""',., or "'I~~~~I "" 52<111.1lI11" lD ':'!d too;, .....,...1 b)' iI\N Li..o,<:.';":.;\l,X;'~'
Lkeml~; P!ett.'l~ .,..,rif)' yQvr licens~ intbrl:naliOl1 COJ)~td beiQw. Make,: c.om:ction.~ If nece..'iisar"j aDd. siga, City
O"l'itlCounty Audito, sOOuJd submit this sign.d tellCwal with CllJnl'leted licen.e and lie.,.,_ Hquar liability for tne lIew
licen,e period. City Clo.l'!llCa.m.ly '~Ilditor .... akJo ""Iulred by M.S. 34OA.4Otl S. 3 to report <'Jny Iicm..
C.n<<ln.ti"".
Licen'" Code
Cit)'fCoutj(y where licen~ approved
Li_," Period Eodlng
Cant Ql"Y i 1111
~.ID#.
Licefl,3eU Name
rellde Name
LICal'J.sed L.;x:arj,Q,Q. w.d.~s~
CIly. Staw, ,ZJp Code
Busine,. Phon<
LICFNSE {I!E.~: on Sole.~
Oi~Sale. S
Su:m!a;r S
By ~1/l;DlnlJ llils ....n.....1 'pplj,;atl"'D. apPUcDnl aitlfi.. lbal lb.... bas l>een lI<> change in <TOVIlI!nhjp an the .m,..
iJettled lic.~. FoOl' dlange,. .w owncJ:"Ship~ th~ ll~en~ named above, or fur new Ucenstes, f'uf1 app.liadou ~JJ()uJd
he 11Wd. See b.e1<. "r Ihi. appUcadOll for Alrtber intonnatf<)lI "..ded 10 l"",plet. this rea""al.
.1pj)Hrnn;'tsftmsn.u~ '1m lhk reo1!wel em:rUl"m.'iI tbll! fo.!lo'Wm2!: F'ilillIrP.to ~.murt!;lm' qftn~ {bl1owjn~ will n!ltuli in flr'f~
L Lkttt1see -conv.rms I[ h..'W no interest wfla~Wt~"r'er. dit"ef;dy or Indirea.l)' l.n .any o~ IJquc.>r. ~tabLiahrnenI.S LI'J.
Minnosota. If"o, give dot.ill OIl bock oflh;s .ppUoatlon. .
2. Ucentjcc eonfum~ that it ha., neV~M had i1 Hy:uor ficemlt!: rejected by ;my citj/to,vnshfplcounty In. tb.e:,~'b!~ of
.'.1innes.'l,a, If "".r rejected, pI""". g,ve detllll. on the b.ck ',f tills ",.ewoJ.. Ih"" .i.1i!1 below,
3, Li~e"~ contlt'li:1S th~t for tru:. 9ilSt flve yetJrs it h3SlI~l)l b:s.d a Uquor lice.mc revo~ for any liquOt law viol.atiOD
(;\U1It'1 (Jf l:x:.<ll). If it reVOCl,;ltj()1l hm; IJCCl.:I;"tl;l(.i. plaaae ,give detaib on T,he back: of thi'\ reneww, thelt ~ign belew.
4. UC('''Dsee. ,,;onftrm,l; t~u~l durin&; the pai!lt nv,," ~el1~ it or 1m employees l1u'V<t Mt been dtl:(] f('Jr t.lny civil or. c.riI:l1lnal
liqU(.'f la.w .....io~tiOM. IT v.iIJJation.s bave \)Ccurred., pleaGe give: detailii on back of tbl~ rentwcl, then .liign below,
S. Liccmee confjnns U:'1~ttdurL'lg t.h~ Pilslljcenee year, 4 summons.ha."1 not 'OOen i88U~ under the: LiquQr Linbilhy
Low (Dram Shop) MS 340A.8OZ. If yes. acracl1 a cop:' "fthe ,ummOllJ>, then sign below.
6. J....i.~1l!We coafn:m:; that Workers C.,;.mpe.n~ati~11'1 lnsumnee is in et'f~t for ::he flllt Ucense ped,Od.
LiCIIll8O" h06 atllt.hod .li.qllo" Uability n-rnll.. ",ntfl""totllot ocrresp<>nd!! ,..ltlllh.licen,. period III dty/coonty
wb....lk...... i, iSliued. $100,000 IIIl.ash Ol""l'llrii:le.; or $100,000 ,uret,y bOlld may b<> ,ubrrritlod In lI.u 01' Iiqtlor
liability.
Lic.:on:Jee Sigmlture . Date
(SI3Jlnturo ccrwi<s ilJl'b~';;;;:;;'n (J be coiroct and ii';;''\e bas \,.;;n :lppt\1V~d by oityl.""nry.)
City ClerldCoun!~ .'udltor 5i"",",~ _ _.. _ . D'!.~._-r"
(Si~l1at.lJrc ceJ't!fj~ that t":m.....wal Or a liqU01\ wirw or l:l~lb lIc..."'t1~C has ~cn apptrJvect by the city/county aos stafud abave.
County AL10rney SifJIlaluJ'O __ ~"DUI'
County Beard lsaued li~Sign4tu~-'-;fii,::; nCl!llsC:I;.~ll.gibI~ f. . .
;' . .
Pol~ISbeti.ff Sionat . (, Q". ,
(Sjgniltut'e ~ertifies He ..ae~~r I:!.~;;o;~ri;je not bet':ti cit~d dUrb&ie3t fi\ll~ ~tatel!ccat l!'quor la.,y\rjQl~on.<;
(criminalJcivlJ). R<opl:'rt "/lQ . m:! 00 back, th~'U ~ig", \1~re--:- I
I'S 9093-98
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$T MN ALe GAMB Ef.lF
6512975259
01/04 '02 15:47 NO.59S 01/01
Indicate beJnw dl~m2'~ ('j.r (:ornomr.e nmc~me.rs. hnme addJ"VsM!~ or te'iBnhflne mtm~":
Indir:ate. b@luwanv interest w,bamDev~r_ directfv nr indirectfv in other liquor Mtahfisbmentr'l:
Rennrt below details or liauor law vinl3tinns (clviJ-~inan that have Qccurr.ed within th'ti last five 'VenJ":'t fDate!o!. offenses
Jlne. 4r other D.nal~ includim! Li<luor C01ltrol P'nal~ "-'. .
--
-,
Reno" b4l'lnw details invol'VlniZ any lic~n:!e I:'\l:ieocnnns Or r-evncatioml:
O",,/Countv Comme~
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",tSouthile;ter1l;tI!i~wInt ..'
, I 'theie~t;fu~ f11es '",.
')atiorioiion',asll." I" ' ,.
, i SOrts fortho~ of ~ who nr ,;:,sell '
" rth" ''''f .-:t'," "'ta't'" "'o~ Lilio's,'
'",no ''',0 ff"J.U"rs e,":,UUO ""t" "'tt";' 'i~-"'h' ,,'
""guatdin'''' 'g" ,,,,V, us "'from' d:he N,., 0 L;o.e ,;me ,o,w """,':,, u
''', ' ""hi!\; ,~':du. 'ial" ~""t;.;crlsiS?H1fYoU\re,dete' "
,,,encroa~ ....",: \U ,...0 "........ ,,"1.i1;' "'''b' 'n'ii" '~ ',' sSl:b
, ;;pollut~bn,:Sad1y,: iri,lesiitharilj~1l ~:~ u,,:;;on,tv. rypo ..',
:';a.year;Jhe' stars:1vIDbe lessA.:ac~~H"..."ndoP1~~eyo~ ,."r'
, v1sibleJastbem~ga-eorPoral,:!,inaMuon~', e,a :"r:?P9..
,,'ot1"" . ''-'l.''''''T' et 'ntjn ,.""..to ary~,o,€opeland"or"som
ons suw> as arg .co ue ';:'", ", ,.;.,;^~ ," ',," '
,,"titel:t '"'1:'!iuhUr,ban ,,"'s:praw1 ,~::otrI.~r ,s~"grouP,h:
" 'ericour~6d bY-theiliree~;';!i;fo~t;;Mary:\fOdde~n'
~eh' on 'oiir'"councn '''who!. ",;,trlhute, ,:to" 'your; ;,r.l!!Jl
:,':f:.' -.,.' ij/:,':: "'.':"'~ '''''':.ilia 'i"" '''" ,:'}:?:"'" i'>, ::~r.~~::'~~paiiriS'!*,' ';.<, ,:"'::,"rH:~:~:~~'Y:<
'~~w,t~b1W: h.t;ff~m=~a!,!:, ",,;.with ipi:iioM~~:to
:1', "bon; a,...." 0" , ..1tchell",'\'Don't W"
"t~Do' r. , eeiri:to ,gQiiYoU:o.ort'j; ikIi
,,:~;,1,' :an" hat.;;ouwgotiftlH's"
"mem "", , , ",,"
',"; '''rill' " " ":the; ve..Lino Lil),(esj and p
,::~~~",;~~~~~ '/"':~~~li!~j1:MU
" " 'ceDepiirtirientreport;:'.:;Mam:;IStreet,wliere" ,po
". lid the"f/:illoWing: ,","" ;. ",Y,,::'.'lilso'a!:rested the drivei;~:23.,,,,,
::::;,,,,,:., A ;Blainl; lU.an;, :iT,,:.;was ,.: .:year:old.. RilsIi:cltYnuui;;;fqr:':;
: .'arreste~ Ja1,i:~ on charges .~~"i;;~~ Jali\e:l#6rm,atiori.:iO;~:i,~~
.eqond ,p.e.~,e DWI.pv:er,~Q~::,,:pglice;rpff,lcer',>cIriV:ing,r~~"'ii)
d drivmg, .without head-:".,.:"revocatioll,l,a,.m1Sdemeanor\!,;
; '. ." " ", '" "": J' ", ",'"",,,,,,,,, ,1',~.,'.,"" i, .-, ,"::,-, ' :"'" '-" , ' ~,.. "', ,',' "\ -, " ,.' ",,!~,'.,
19hts, at ,LakS...Drive, :Iand,; ;;warrantandfaU~,tosigzial;<}
eStwOod Road#l,Le)dri~6n: ;', it;turn:A:nOthilr passeng. 'a:~'
A :21;year-Old'.Levi""'on::~'\19iyear,01d,:).' ",Lmo :,.,: ,;.I;
, was cited: Feb. 7fol:ciiS.,;::woman:;wa;B arrest!i'd:;fo"
rderly.C6n'duihind arkn1 "';': outstandfug.': iillSdem.' ,
. af1i:eliUi~m,:~e;ooEo ,,'. :w#r~l:~~Ji~~.<:~"i
f NorthHighwayDrl ;, ",:','A,24.year.;old.L1n
;i:~s~~~~~~~f4~~f{ e .'r;f~~~~~~M:n'9:iilin~"'i
:~i\~~~~~~~~~fJ~.,:;~~hl~~~~tj~~~~~,Je~i~\~'
\'iLake.~ an~a, .19;~a):jl),d\)?rive'i. ,where .i.' police:ia/-SO:..!;.,
',.,Cedar, !AJ.8le.'\lt\ ,Wat~~9~k~ ..,arreste,d.. a 124-year;olcl;ql+d~:,i~i
{,J:l.each Clllb m,CJintervJl1~:.,~i!,,:r'lnes ~~}O\',.~v,ing; ~rj~
';',~i):'::!" ;' ,A i,~,~~.ar~_ol~,.~l.8J1ie ,"~~::,ir,t,~~~o~~:~:~~ :\:i\:)i.;::~:,~r\~" ~,/.,::"":r'iY~:!,~..;';~f:l!:'~"?i$(
\I"was arrested Feb. :9 for,first,:,;", :,.,;.,\\ A",,29,'Y,!,!l!;'old., R~Chfi,eltt',
,;~'!'~ ,DWI,speeding ~M.it::;;imlm ,waS,llrrestedFeb. ';~.;for;'
t:,!:~d-rUnproperw~,~,i~9:a\"'i,thj,rd,:de~e:])WI';:I11.,th~N~ .;'E:
::,:!stop'sjgn.andpUShes ~t,tiMill, . ',block.of Interstate 35W~',i>,:r, :'i'!
..;;~adanfDUnIap, A.~~ue,. ~:'::i.;.:~;>op.ce.;am,st~da;2,i\yeF:~;
,,', )IJexip,gton.. " ,!~,"V:' 'j' d ".'l." ",,:old I;ilioLiikeswoll1aI1;F,!,f\10:~'/,
, ;,i' '.A 19-vear:6Id.LiIio;Lakes, /"(0 ,'thfj,'d" earll.o'DWJ';in tI1e~t
":" r -,'ft1,"'- '. '-'dhT;,'.l<l".liJ',~tI:.\"::l.;~',',:~", ":i, "".. ' ..' ,'.' ",. . -'''f, ~1\'!"''7~ ,,~' c " \"1 .. ':'-, I,,'N
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'_,:'~, \' ',',\ ~:;,::.:'.,{: _.\::~:.~:,::': :":::'::-"'~ '._,::: <:1:<'\:', ',: " ",>:.;.::\,:::,:';,'.:: ;'''~;
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. Minnesota Statutes 2001 Chapter 340A
.
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Minnesota Statutes 2001 Table of chapters
CHAPTER 340A
LIQUOR
R aldR
S .
.thin Cha 340A
b d
ene e enum ere etc. ectlOns. WI lpter
1340A 101 IIDefinitions. I
1340A201 IILiquor control authority. I
IJ40AJOl IIManufacturers and wholesalers licenses. I
IJ40A.J02 IIImporters. I
1340A302l111mportation restrictions. I
1340AJOJ "Transfers. I
IJ40A.J04 IILicense suspension and revocation. I
1340A305 IIWarehousing. I
IJ40A305511Manufacturer's warehouse permit. I
IJ40A306 IIFraudulent shipments. I
IJ40A307 IIUnlawful discrimination. I
1340A308 IIProhibited transactions. I
1340A309 IIExclusive contracts. I
1340A310 IISales by wholesalers. I
IJ40A311 IIBrand registration. I
1340A.312 IIJoint purchases; volume prices. I
IJ40A.313 IIRepealed, 1987 cJIO s 14 I
1340A314 IISuggested retail prices. I
1340AJ 15 IIFarm winery license. I
1340A.J16 IISacramental wine. I
1340A317 IILicensing of brokers. I
1340A.J 18 IICredit extensions restricted. I
1340A.319 IIReports by brewers. I
1340A.32 IIRepealed, 1995 c 198 s 17 I
1340A.JJ IIBrew on premises store. I
1340A.34 'iwmemaking on premises store. :
1340A.401 I License required.
1340A.401111Bed and breakfast facilities; when license not required. I
1340A.402 Ilpersons eligible. I
1340A.403 113.2 percent malt liquor licenses. I
1340A. 404 IIIntoxicating liquor; on-sale licenses. I
http://www.revisor.leg.state.mn.uslstats/340Al
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Page I on
2/19/02
Minnesota Statutes 2001 Chapter 340A
1340AAOS IIIntoxicating liquor; off-sale licenses. I
1340A.40SSIILicenses in lndian country. I
1340A.406 IIIntoxicating liquor; combination licenses. I
1340AA07 IICommon carriers. I
1340A. 408 IIRetai1license fees.
1340AA09 IILiability insurance.
1340A.4l0 IILicense restrictions; general.
1340AAll IILicense restrictions; 3.2 percent malt liquor licenses.
1340A.4l2 IILicense restrictions; intoxicating liquor licenses. I
1340A.413 IIRestrictions on the number of intoxicating liquor licenses that may be issued.1
1340A. 414 Ilconsumption and display permits. I
1340A.4J5 IILicense revocation or suspension; civil penalty. I
1340A. 416 IILocal option election.
1340A.4l7 IIShipments into Minnesota
1340A.4l8 IIWine tastings.
1340A.4l9 IlWine tastings conducted by exclusive liquor store.
1340A.SOl IIResponsibility of licensee.
1340A.S02 IISales to obviously intoxicated persons.
1340A.S03 IlPersons under 21; illegal acts.
1340A.S04 IIHours and days of sale.
1340A.SOS IILicensee may not sell for resale.
1340A.S06 I Sales of ethyl alcohol and neutral spirits prolubited.
1340A.S07 I Regulation of advertising.
1340A.S07lllCoupons prohibited. I
1340A.S08 I!Tampering or refilling bottles. I
1340A.S09 IILocal restrictions. I
1340A.SI0 IISamples. I
1340A.Sll IICertain sizes may be sold. I
l340A.S12 I\Containers brought into premises. I
1340A.601 IlEstablishment of municipal liquor stores.
1340A.602 IIContinuation.
1340A.603 IlFinancial responsibility.
1340A.604 I!Suspension of operation.
1340A. 70 1 liFelonies.
1340A. 702 IIGross misdemeanors.
1340A. 703 IIMisdemeanors.
1340A. 703 5 IlConsumer importation; illegal acts. I
1340A. 704 IISearch warrants. I
http://www.revisor.leg.state.mn.uslstats/340Al
Page 2 oD
2/19/02
. Minnesota Statutes 2001 Chapter 340A
, .
1340A. 70S IIPrima facie evidence. I
/340A.801 Ilcivil actions. I
1340A.802 l!Notice of injury; discovery before actions. I
1340A.90 Ilcivil action; intoxication of person under age 21. I
1340A.90l liCitation. I
1340A.902 IIDrunkenness not a crime. I
/340A.903 IIRepealed, 1993 c 350 s 27 I
1340A.904 IISeized liquor. I
1340A.90S IIN0tice of violation. I
1340A.906 IlN0napplicability. I
1340A.907 IIInspection. I
1340A. 908 IILiqueur-filled candy. I
1340A.909 IISale of Minnesota beer at public facilities. J,
http://www.revisor.leg.state.mn.uslstats/340N
Page 3 00
2/19/02
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FEB-19-4lil02 18: 05
LEAGLe CF I'N C I TI ES
P.01/24
FAX TRANSMISSION
, -"
LEAGUE OP MINNESOTA ~l'fn:s
145 UlOlvorsily A_'",. 'w..t
St. Paul, MN 06103-20"
651-281-1200
ll_ 651-281-1296
To. k'i", ~
G;.y tF ~'(fe.
Pax 'iF, I i.S/'f2."t $4li!!=!
From: ::xd B""~
S-u.bjedt: M J l ". 0 I
l'IOa~ "'1'1"'0<" ..&.,'""",<(..
Date: 2/ICi/z.
P"/ie.: 2"1 I iI1dudlng t1i. CO~ she.t
The L""/iue of Mhme.at.. Cities provide. thi. material fOt elmem.l
mtotmational pW:po..... It i5 not mtended to pJ'O?id.,1.,al..d~ and
should not be used at .. ru1stilute f= competent Ie'...! guidanc.. Consult
vour ..ttc:mov for ..J.vi"" eQJ1CZ-" ~ mecifie sita..ti.ims.
Comments'
FEE-19-2B~2 1\3:05
LEAGUE OF MN CITIES
LEAGUE OF MINNESOTA CITIES
MODEL ORDINANCE REGULATING
THE POSSESSION, SALE AND CONSUMPTION OF
INTOXICATING AND 3.2 PERCENT MALT LIQUOR
IN CITIES
(VERSION MAY 3, 2001)
Dratted by LMC Speclal Couusel Duke Addick$
Before adoD~2 t}lis ordinAnce.
a city should be familiar with the contents of
J..l:81We memo "Liauor Lfce~D2 ~nd ResmJation".
LMC 360B1A.4 (January 2001).
INTRODUCTION AND INSTRUCTIONS:
ThJs model liquor li~ni oroiDlu1ce is very comprebeos.ive, and covers the
Issuance of all of the types of licenses a city may Issue.
A city wishing to adopt this ordinance should ~eview it to make sure that It "Ishes to
adopt aU of its provisions.
A city can modify the ordJlIlIIIce to eliminate those types of Ucenses that it does not
wish to i,SIle.
Because most of the provisions of this ordinance are controlled by statute, any
modifications should be approved by the clty attorney to make sure the changes
conform to state law.
The city's attorney should review the entire ordinance before it is adopted as thJs
ordinance establishes the rlpts and respooslblllties of both the city and the license
applicants and holders.
P.~2/24
FEB-19-21302 l<l' Iil6
LEAGLE CF I'N C I TI ES
The form ortbis model ordinance is that used by Statutory aues as required by
Minnesota Statutes i 412.191, subd. 4.
A home rule charter often contains provisions concerning bow the city may enact
OI'dinances. Home rule charter cities should consult their clIIuWr and city attorney
before adopdna this ordinance in order to ensure that charter provlsfons are
complied with.
Statutory cities may pubUsh a summary of lengthy ordinances Instead ot the
complete ordinance, as provided by Minnesota Statutes ~ 412, subd. 4, but the
summary must JDMt the requirements otMlnnesota Statutes I 331A.Ol, subcl.l0.
In order to tully Inform the pUblic: ot the nature of any conduct that is prohibited,
portions of the summary set out the provisions of the ordinance in greater detail
than those dealing with !he liquor Uc:ensing process.
A SU"ested SI1D1lD.lU'Y of this ordinance with Instructions for Its adoption and
public:etion follows the model ordinance.
Because this ordinance will affect existlne I1quor licensees, a copy of tbe proposed
ordinance should be mal1ed to each licensee alooll with a notice of the hearing on the
ordinance In order to try to make them aware of the conteui$ of the proposed
ordinance and to give them an opportunity to make their ~eill's known.
11- aues which clo not have a mlQl\clp~ liquor store should nJtadopt those sections ot
'1\ this model ordmance deallng with municipal liquor stores. o.
J(. Because of lntemal cross references, SectIons 29, 30 and 31 should retain their
numbering In the adopted ordlnance even if SecUoDll 23 to 28 dealine with
muniCipal liquor stores are deleted. If Sections 23 to 28 are not adopted. the
ordlnanc. should c:ontaln a provillion to reach "SectfOIJS 23 to 28 are reserved for
futunl use." This is SO that the reader of the ordinance wl11 oot be confused by the
absence or these sections.
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ORDINANCE NO.
AN ORDINANCE REGULATING
THE POSSESSION, SALE AND CONSUMPTION
OF INTOXICATING AND 3.2 PERCENT MALT LIQUOR
WITHIN THE CITY OF . MINNESOTA
THE CITY COUNCn. OF THE CITY OF
DOES ORDAIN:
, MINNESOTA
Se<<ion 1. ADOPTION OF STATE LAW BY REFERENCE
The provisions of M. S. Chapter 344lA, as they may be amt'nded from time to
tjme, with referen~ to the definition of terms, conditions of operation, restrictiODS
" 00 c;oosulW>>tion, provisions relatlDi to ~, hours of sale, and all other matters' , ,
pertaining to the retail sale, dlstrlbuUon,.aulf c;oll~Wl\PUOO of Int~cating liquor "
and 3.2 pel'llllnt malt llquor are hereby ~opWd by ,ref'ereo~e and ~ made a part~f .
this ordinance as If set out In fun. It is the intention of the City cOuncil that aU
,future amendments to M. S. Chapter 340A are hereby adopted by reference or
referen~ as if they had been in existence at the time this ordinance is adopted.
Sel:tion 2. CITY MAYBE MORE RESTRICTIVE THAN STATE LAW
The COWle1l1B authorized by the provisions of M. S. f 340A.509, as It may be
amended frolll time to time, to Impose, and has Imposed In thJs ordinance,
addltioual restrictions on the sale and possessJon of alcoholic beveraaes within its
Umits beyond those contained In M. S. Chapter 340A, as it may be amended from
time to time.
SectIon 3. DEFINITIONS
In addition to the deflnttlons contained In M. S. ~ 340A.I01, as it may be
amended from time to time, !be folJowiDe terms are defined for purposes of this
ordinance:
UQUOR, as used In this ordinance, without modif"lCIItioD by the words
"Intoxicating" or "3.2 percent malt", Includes both intoxicating liquor and 3.2
percellt malt liquor.
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RESTAURANT means an eatlns facllity, other than a hotel, \IIIder the control
of a single proprietor or managu, where meals are regularly preparecl OIl the
premises, where full waltresslwafter table sernce Is proVided, where a customer
orders food Crom printed menus and wbere the main food course is served and
consumed wblle sear.d at a slDsJe location. To be a restallOOlt as defined by this
renn In thls ord1Dance, an establishment !I1Iall have a license from the state as
requJred by M. 8. 5157.16, as it may be ammded From time to time, and meet the
deflnitlon of either a "small utabllsbn1ent", "medium establishment" or "large
establishment" as defined in M. 8.1157.16, subd. 3d, as it may be amended from
time to time. An establlshment which serves prepackaged food that reeelvlllI heat
treatment and is served in the package or frozen pizza that Is heated and served,
shall not be considered to be a restaurant to\" purposes of this cbapter unless it
meets the defln1rloDS of "small estabHshmeol", "rmdlum establJshment" or "Jaree
establishment" ,
Section 4. NUDITY ON THE PREMISES OF LICENSED ES'l'ABUSHMENTS
PROHIBITED.
(A) The City Council finds that It Is In the best interests of the public health,
safety and general welfare of the people of the city thar nudIty Is prohibited as
proVided Inthls .section on the preJ11iSeS of any establlslmwllt licensed nnder thls
ordlnllJ1ce. Thls is to ptoted and assISt tbe-owners;operators and employees of the
establliilmwnt, as well as patrons and' the 'public: in general, from harm stemmina
from the physiall Immediacy and con1bination of akohol, nudity and sex. Tbe
Council especla1ly intends to prevent aoy subliminal endorsement of sexual
Ilaramnent or activities likely wlesd to the posslbUtty of various erIInlnal conduct,
including prostitution, sexual assault and disorderly conduct. The CouncU also finds
that the prohiblUon ot nudity on the premises ot any establishment lleensed under
this ordinance, as set forth In this section, reflects the prevalllng community
standards of the city.
(B) It is unlawful for any licensee to permit or allow any person or persons
on the licensed premises when the person does not have his or her buttotks, anus,
breasts and lltIuitals covered with a non.transparent material. It Is unlawful for any
person to be on the 1ic:eused premlses when the persoll dQtlS not have hls or her
buttocks, anus, brell!il$ and genitals covered with a non-transparent material.
(C) A vlolatlon 01 thls sec:lJon Is a misdemeanor pllnlshable as provided by
law, and Is JUBtI1lcatton for nvoc:atlon or suspension of any liquor, wlue or 3.2
percent malt liquor liceose or the imposition of a civil penalty under the provisions
of Sec:tlon 29(B) of this ordinance.
Sec:tlon S. CONSUMPTION IN PUlJLIC PLACES
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No person shall consume Inloxtcadn,liquOl" or 3.2 pertent malt liquor in a
public park, on any publk: street, sidewalk, parklne lot or alley, or in lIIIy public
place other than on the premJses of an establishment licensed under thla ordinanee,
in a munldpal liquor dispensary if one exists In the eity, or where the wnsnmption
and display of liquor is lawfully permitted.
Section 6. NUMBER OF LICENSES WHICH MAYBE rsSVED
State law estabUshes the nwnber of liquor licenses that a city may is:sue.
However, the number of Ilcensea which may be Jl'anted under this ordinance is
limited to the number of license which were issued as of the effective date of this
ordinance, evq If a larpr Dumber of licenses are authorized by Jawor electlOD. The
Council in its sound discretion may provide by ordinance that a larger number of
lJcenses may be Issued up to the number at licenses authorized by Minnesota
Statutes Chapter 340A, as it may be amended from time to time. If a Jareer number
of Ii<<nses In a particular category has been authorized by a referendum held under
the provi$ions of M. S. i 340A.413, subd. 3, as it may be amended from lime to time,
but not all at them have beeu Issued, the Iareer number of licenses is no longer in
effect until the Council by ordinance determines that any or aU of the lkeuses may
be Issued. The Council is not required to iSllue the fun number of licenses that INial:
available.
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Section 7. TERM AND EXPIRATION OF UCENSES; ,
Each !kense sball be Issued for a IIIIIXimum period of one year. All licenses,
except teInporary licenses, shall expire on December 31 of each year unless another
dale Is provided by ordinance. All licenses shall expire 011 the same datil. Temporary
licenses expire accordln3 to theIr tenm. Consumption and display permits issued by
the Commissioner at Public Safety, and the accompanyiDi dty consent to the
permit, shall expire on March 31 of each year.
Section 8. KINDS OF LIQUOR LICENSES
Tbe Council of a city that does Dot have a rmmicipalliquor store is
authori2led to l:ssue the following Uceoses and permlts, up to the number speci:fled in
Section (\ of this ordinance.
(A) 3.2 percent malt liquor on-sale licenses, which may be Issued only to
restaurants, hotels, clubs, bowllnl centers and establislunents used exclusively for
the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft d.rinks.
(8) 3.2 percent malt liquor off-sale license.
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(C) Tempol'8l'Y 3.2 percent malt Uquor licenses which may be iBsued only to a
club, charitable, religious or nonprofit organization.
(0) Off-sale intoxicating Uquor llcenses, which may be issued only to
exclusive liquor stores or druC .tores that have an off-sale IiceDfe whIch was f'n-st
issued 00 or before May 1, 1994. The fee for an-oft' me iDtoxlcadng liquor license
estabUsbed by the Council under Section 9 shall not exceed $100 or a greater
amount which ruay be permitted by M. S. ~ 340A.408, subd. 3, as It may be amended
from time to time.
(E) On-sale IntoxicatlnC liquor licenses. whIch may be issued to the fonowing
estabUsbments as defined by M. S. A 340A.I01, as It may be amended from time to
time, and this ordinance: hotels, l'Utaunmts, bowling centers, clubs or
congressionally chartered veterans organbations, ami exclusive liquor stores. Club
1icenses may be Issued only with the approval of the Commissioner of Public Safety.
The fee for club l\cemes established by the CouncU under Section 9 or this
ordinance shall not exceed the amounts provided for In M. S. f 340A.408, subd. 2(b),
811 it may be amended from time to time. The Council may in its sound discretion
authorize a reta.ll on-sale licensee to dispense Intoxicatlnallquor oft the licensed
premises at a community festival held within the clty under the provision. of M. S. f
340A.404,subd. 4b, as it may be amended from time to time. The Council may In Its, ....
sound discretion authorize a retail on-sale l\ceDfee to dispense 10toxlcatlnlll1quor off ;.
the IiceDfed premises at any convention, banquet, cooterence, meeting or social
affair conducted on the premises of a sports, convention, or cultural facility owned
by the city, unde!" the provisIons or 340A.404, subd. 4a, as it may be IiIJIlel1ded from
fune to time; however, the licensee Is prohibited from dispensing intoxicating liquor
to any person attending or participating In an amateur athletic event being held OD
the premises.
(F) Sunday on-sale intoxicating liquor licenses, oniy after authorization to do
so by voter approval at a ieneral or special election as provided by M. S. 0
340A.504, subd. 3, as It may be amended from time to time. Sunday on-we
intoxicating liquor licenses may be Issued only to a restalll'llDt, as deflned In Section
3 of this ordinano::e, club, bowlbtll center, or hotel which has a sealing capacity of at
least 30 persons, which holds an on-sale intoxicating Jiquo!" Ocense, and which serves
liquor only 10 conjunction with the service of food. The maximum fee for this Ocense
which shall be e&lablished by the Council URdu the provlsloDf of Section 9 of this
ordinance, shaU not exceed $200, or the D'JaYim'lm amount provIded by M. S. f
340A.504, subd 3(c) 811 it may be amended from time to time.
(G) Combination on-salelotf-sale intoxicating llquor licenses if the city has a
population less than 10,000.
(H) Temporary on.sale intoxicating liquor lio::enses, with the approval of the
COmmissioner of Public Safety, which may be Issued only in connection with a fOclal
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event sponsored by a dub, charitable, religious or other nonprofit cOqlOration that
has existed for at least three years. No license shall be for longer tha four
consecutive days, and the city shall iSlsue no lIlOre than 12 days worth of temporary
lkensl!$ to anyone organi2atlon in one calendar year.
(I) On.sale wine licenses, with the approval of the Commissioner of Public
Safety to: restaurau that have facilities for seatine at Itast ZS guests at one time
and ~t the criteria of M. S.340A.404, subd 5, as It may be amended from time to
time, and which meet the definition of restaurant in Section 3 of this o.l'dlnance; and
to licensed bed and breakt'ast facilities which meet the criteria in M. S. i 340A.401,
BUbel 1 as it may be amended from time to time. The fee for an on.sale wine license
. established by the Council under the provlsJons of Section 9 of tbis ordinance shall
not exceed one-half of the liteme fee cbarged for an on-sale intoxicating liquor
llceDlie. Tbe holder of an on-sale wine license who also holds an on sale 3.2 percent
malt IIqnor license Is authorized to sell malt liquor with a content over 3.2 percent
(strong beer) without an additional license.
(J) One day consumption and display pennits with the approval of the
ColRlnlssiODer of Public Safety to a nonprofit organWidon In conjunction with II
soda! activity in the city sponsored by the ofll"nI7atlOD.
(K) Approval of the issuance of a consumption and display by the
. Commissioner of Public Safety. Tbe maximum 8lIlOunt of the additional fee whidJ
may be Imposed by the Counell on a person who bas been Issued aco""""1ption and
display permit under the proVisions of Section 9 of this ordilWlce shall not exceed
$300, or the maximum amount permitted by M. S. i340A.14, mbd 6, as It may be
amended from time to time. Consumption and display permits shall expire on
March 31 of each year.
Section 9. LICENSE FEFS; PRO RATA
(A) No Ucense or other fee established by the city shall excetd any limit
estabUshed by M. S. f 340A. as it may be amended from time to time, for a liquor
license.
(B) The Council may establbh from time to time by ordinance or resolution
the fee for any of the liquor licenses It 15 authorized to Issue. Tbe license fee may not
exceed the cost of Issuing the license and other costs directly related to the
enforcement of tbe Uquor laws and this ordinance. No Uquor license fet shall be
Increased without providing mailed notice of a hearinll on the proposed Increase to
all affected licensees at least 30 days before the hearing.
(C) The fet for all licenses, except temporary licenses, granted after the
commencement of the IiceRS4l year shall be prorllted on a quarterly basis.
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CD l AJllicense 1_ shall be paid In full at the tlme the application is filed with
the city. If the application is denied, the l1ce1lS8 fee Bha1l be returned to the
applicant.
(E) A refund of a pro rata share of an annual license 'ee may occur only if
authorized by M. S. f 340A.408. subcl. 5.
Section 10. COUNCIL DISCRETION TO GRANT OR DENY A UCENSE
The Council 10 Its sound discretion may either erant or deny the appDation
for any license or for the transfer or renewal of any license. No applicant has a right
to a license under this ordllllUU:e.
Sel:tion 11. APPLICATION FOR LICENSE
(Al Form. Every application tor a license issued under tbis ordinance shall be
on a fonn provided by the dty. Every appUc:atlon sball state the name of the
applicant, the applicant's age, representations as to the applicant's character, with
reterences as the CoIIDc:Jl may require. the type of license applied for, the busillt!$S In
connection with Which the proposed ,lice_ will operate and its location, a
description of the premises, whether the applicant Is owner and operator of the
buslnesti. how lon2 the applicant.has. been in that business at that place, and other
Inlormation as tbe Conncil may requlrefrom time to time. An application lor an on.
sale intoxicatinC liquor Utense shall be in the form prescribed by the CollllDissioner
of Public Safety and shall also contalD the Information required in this section. The
form shall be verltled and filed with the dty. No person shall make a falle statement
In an application.
(B) FtnaneilJl respDnfibility. Prior to the issuance of any license under this
ordinance, the applicant sball demonstrate proof of financial responsibility as
dermed in M. S. f 340AA09, as It may be amended from time to time, with regard to
liability under M. S. i 340A.801, as it may be amended trom time to time. This proof
will be filed with the c:lty and tbe Commlssl.oner of Publit Safety. Any Uability
insurance poUty filed as proof of I'lnanclal respon&ibiJ1ty under this section shall
confonn to M. S. ~ 340AA09, as 1t may be amended ftom time to time. Operation 01
a business whicb Is required to be Ucensed by this ordinance without having on r1le
with the city at all times eft'ective prool 01 financial responsibility is a cause for
revocation of the litense.
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Section 12. DESCRlPI'ION OF PRErtfiSES
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The .ppUeatlon shall spec:ffically describe the ~mpact and ~ntillUous
premises within which liquor may be dispensed and consumed. The description may
not inc:lude any parking lot or stdewaJk.
Sec:tion 13. APPLICATIONS FOR RENEWAL
it
At least 90 days before a Iieense Jssned under this ordinance is to be renewed,
an applkatioll tor renewal sball be filed with the c:Ity. The dedsion whether or not to
renew a license rests within the sound discretion of the Council. No lioeJl_ has a
right to have the license renewed.
Section 14. TRANSFER OF LICENSE
No license issued under this ordinance may be transferred without the
approval of the Council. Any transfer ot stock of a corporate licensee IS c1....~ to
be. transfer of the license, and a kanster ot stock without prior Coundl approval is
a ground for revocation of the license. An .pplieation to transfer a license shall be
treated the same as an applieation for a new license, and all of the provisions of this
code applying to applieatiollll for a Ucense shall apply.
Section 15. INVESTlGA nON
(A) PrelimiMry background rmd ji1IanciDl inveBtitatiollo On an initial
applleatlOIl for a Ueanse, on an applkationfor transfer of a license and, In the sound
discretion of the Council that it is in the public interest to do so, on an applkation
tor renewal Of a license, the dty shall conduct a preliminary backgroUnd and
fmancial investigation of the applicant or it may contract with the Comn,;..,;oner of
Public Safety for the investigation. The applicant shal1 pay with the appUcatlon an
investigation fee of 5600 which shall be in addition to any license fee. If the cost ot
the prelimin.."Y investigation is less than $500, the unused balance shall be retuJ'ned
to Ibe applicant. The results of the prellmlnary IDvesliptlon Bhall be sent to the
CollllDissioner of Publlc Saiety If the application Is for an on.sale intoxicating liquor
license or an on.llllIe wine lkense.
(B) Comp1YJhensive background IJ1Id jinancial investigation. If the results of s
preliminary investigation warrant, in the sound discretion of the Council, s
comprehensive bac:ktilJ'OUDd and financial investigation. the Council may either
conduct the investigation itself or contract with the Commissioner ot Public Safety
for the Investigation. Tbe investlllstion fee tor this comprehensive baeqround and
financial invl!$tlgatlon 10 be paid by the appllc:ant Ilhall be $500, less any amount
paid for the initial investigatlon if the IDvesl1gatlOD is to be conducted within the
state, and $10,000, less any amount paid for the lnitiallnvestigatlon, if the
investigation is required outside the state. The unused balance of the fee shall be
returned to the applleant whether or not the application is denied. The fee shall be
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paid In advance of auy lnvestigation and the lInlount actually expended Oil the
investigation shaJl not be refundable io the event the applkation is denied. The
results of the comprehensive investigation shall be sent to the Conunissloner of
Public Safety if'the application Is for an on sale intoxicating liquor Iiceuse or an on
sale wine license.
Section 16. HEARING AND ISSUANCE
The CouneJJ sball investigate an facts set out in the application and not
investigated in the preliminary or comprehensive back:round and financial
InvestlgatiOIl8. Opportunity shall be given to any penon to be heard for or against
the granting of the license. After the Investigation and hearin&, the CouneJJ sha1.l1n
its sound discretion arant or deny the application. No IkellS'e shall become effective
until the proof of fiWlDCial seeurily bas been approved by the CommWloner of
Public Safely.
Section 17. RESTRICTIONS ON ISSUANCE
(A) Each license shall be issued only to the applicant for the premises
dt$Cribed in the application.
(B) Not more than ODe lkelJlle shaJl be directly or indirectly 1s$ued within the
city to anyone penon.
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(C) No lleense sbalI be granted or renewed for operation On any premises on
wbich taxes, assessments, utility ~, service charges or otber financial claims of
the city are deliJJquent and unpaid.
(D) No Dcense sball be issued for any place or any business ineligible for a
license under state law.
(E) No license sb.aIJ be issued to any person who Is not a resident of the state.
If the applicant Is a corporation, all of the shareholders shall be residents of the
scate. The provtsloD$ of tbls paragraph shall not apply to IDlY exieting license
e:dstln~ on the effective date of this chapter or to the renewal of an exisUng license.
(F) No license sball be :ranted within SOO reet of any sthool or church. The
distance Is to be measured from the closest side of the church to the closest side of
the structure on the premises within which liquorls to be sold.
Section 18. CONDITIONS 01' LICENSE
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The fallure of a licensee to meet anyone of the condJtioDB ot the lieense
speclfled below shall resuJt in a IlWlpenslon of the Hcense undllhe condition is met.
(A) Within 90 days after employment, every person selling or serving liquor
in an establishment which has.an "on-saIe"license shaH receive training reprdlng
the selling or servlnll of llquor to customers. The traininll shall be provided by an
organization approved by the CounciL Proof of tralnina shall be provided by the
lI~ensee
(:8) Every licensee is responsible tor the conduct ot the place of business and
the conditioDS of sobriety and order in It. The act of any employee on the Ucensed
premises is deemed the act of the Bcensee as well, and the lil;8DSef: shaH be liable to
all penalties provIded by lbIs ordinance and the law equally with the employee.
(C) Every IICeDSee shall allow any peace offker, health ofticer, city employee,
or any other person desipted by the Council to conduct compliance checks and to
othe.-wlse enter, Inspect and search the premises of the Ilceosee durinll business
hours and after business hours during the tlme when customers remain on the
premi.ge$ without a warrant.
(D) No on-sale establlsbment shall display liquor to the public during hours
when the sale of liquor Is prohibited.
. . (E) Compliance with financial respoDSibilityrequirements of state law and of
this ordJnance is a continuing condition of any license.
Section 19. HOURS AND DAYS OF SALE
(A) The hours of operation and days of sale shall be those set by M. S. ~
340A. 504, as it may be amended from tbne to time.
(B) No person shall consume nor shall anyon-sale licensee permit allY
consumption of intoxicating liquor or 3.2 pe~ent malt liquor in an on-sale licensed
premises more than 30 minutes after the time wheu a sale can legally OCCUr.
(C) No on-sale licensee shall permit any aIass, bottle or other container
containing intoxicating Hquor or 3.2 percent malt liquor to remain upon any table,
bar, stool or other place where customers are served, more than 30 minutes after the
time when II sale c:an 1egalIy ~eur.
(D) No person, other than the licensee and any employee, shall remain on the
on-sale licensed premises more than 30 minutes alter the time when a sale can
lepllyoccur.
(E) Any violation of any condition of this section may be grounds for
revocation or suspension of the Iice'lSO!
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Section 20. MlNORS ON PREMISES
(A) No person under the lice of 18 years shall be employed io any rooms
constltudng the place in which intoxicatlnaliquors or 3.2 perceJlt malt liquor an
sold at reteil 00 lillie, except that persons under the age ot 18 may be employed as
musiciam or to perform the dutillS ot a bus person or disbwashlng serviees in places
defined as a restaurant, botel, motel or other multipurpose buildinC serving food in
rooms in whkh intoxicating liquors or 3.2 percent malt Dquor an sold at retail on
sale.
(B) No person under the age of 21 Yelll'll may enter a licensed establishment
except to work, consume meals on premises that qualifY as a restaurant, or attend
social functions that an held in a portion of the premises where Uquor Is not sold.
Section 21. RESTRICTIONS ON PURCHASE AND CONSVMPTION
No person sba1I mix or prepare liquor tor conswnption in any public place of
business unless it bas a Ucense to sell on-sale, O~ a permit from the Commie,loner of
Public Safety under tbe ProvlsJollS of M. S. f 34D1.414, as it may be amended from
time to time, which has been approved by the Council, and no person shall consume
liquor in any suth place.
Section 22. SUSPENSION AND REVOCATION
(A) The CouncU shall either supend fOr a period not to exceed 60 days or
revoke any Uquor Ucense upon finding that the Iiceosee has faiItd to comply with
any applicable statute, replattoo or provision of this ordinance relating to liquor,
as provided in (B). Except in cases of lapse of proof of rmandal responsibiUty, no
llUSpenSion or revocation shall take effect until the Ucensee bas been afforded an
opportunity for a hearing pursuant to the Admtnktrative Procedures Act, M. S. ~f
14.57 to 14.70, as It may be amended. from time to time. The Council may act as the
hearing body under that act, or It may contnu:t wlth the OffIce of Hearing
J<nmlners for a hearing omcer.
(B) The followln: are the minimum periods of suspension or revocation
which shall be Imposed by the Council for violations of the provisions of this c:hapter
or M. S. Chapter 340A, /IS it may be amended from time to lime or any rules
promulgated under that Chapter as they may be amended from time to time.
Revocations shall occur within 60 days following a violation tor which the
revocation Is imposed.
For commission ot a felony related to the Ucensed ac:tivlty, SIlle of alcoholic:
beverages whIle the license is under suspeD!llon, sale of intoxicating liquor when: the
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only license is for 3.2 percent malt liquor, or violation of i 112.04, the lkense shaD
be revoked.
The license shaD be suspended. by the Council after a finding under (A) that the
Heen... has taued to comply with any applicable statute, l1IIe, or provision of this
chapter for at least the minimum periods as follows:
For the first violation within any thl"ee year period, at least one day suspension in
addi&n to any criminaJ or elvll penalties which may be imposed.
For II second violation within any three year period, at least three consecutive days
511Spl!ll5lon In addlUon to any criminal or c:ivll penalties which may be Imposed.
For the third violation within any three year period, at least seven consecutive dayS
suspension in addition to any criminal or civil penalties which may be Imposed.
For a fourth violation within any thl"ee year period, the license shall be revoked.
The council shall select the day or days during wbidl the Bcense will be suspended.
(C) Lapse 01 required proof of financial responsibility sJra1I effect an
" , immediate suspension of any license issued pursuant to thiIi ordinance or state law
without fllrther action of the CouncD. Notice of cancellation or lapse of a current
liquor Uabillty policy shall also constitute notice to tbe licensee of the impending
suspension of the license. The holder of a license who. has received notice of lapse of
required insurance or of suspension or revocation of aficell$ll may request a hearing
thereon and, if a request Is made In writing to the Clerk, a hearing before the
Council shaD be granted within ten days. Any suspension under this parallraph shall
continue until the Councll determines that the financial responslbWty requirements
of state law and this ordinance have again been met.
(D) The provisions of Section 29 pertaining to administrative penalty may be
imposed In addition to or in lieu of any SllSpOnslon or revocation under this
ordinance.
MlllljcipalUqUOl'Stonl
Section 23. APPLICATION OF SECTIONS 24 TO 28
Sections 24 to 28 apply only Co a city that has In extstence on the etfective
date of this ordinance a municipal UqUOl" store.
Section 24. EXISTING MUNICIPAL STORES CONTINUED
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If the city has in existence on the effective date of thi:8 ordinance Q ll1W1ic:il'al
liquor store for the .sale of Intoxlcating liquor, the store is eontinued. Except as
provided In Section 28 of this ordlDaDce, no Intoxlc:atinC liquor may be sold at retail
elsewhere In the dty.
Section 25. LOCATION
The municlpalliquol' store shall be located at a suitable place In the city as
the Council detennines by motion. However, no premises upon whkh taxes,
a&8eS$'me.nts or other public ~ are delinquent shaH be leased for municipal
liquor ston purposes. The Council shall have the right to establish addidonal otT-
sale and on.sale stores at other locations as It may, from time to time, by motion.
determine.
Section 26. OPERA nON
(A) Mruwg,r. The municlpalllqllor store shall be in the immediate charge of
a Liquor Store Manager selected by the COIIoeiIlIIld paid eompensation as is fixed
by the eOWJdJ. The MalJapr sball not be a person who would be prohibited by law
or any provision of this o1'dinance from being eligible for an-Intoxicating liquor
. IicellSe. The Manager shall furnish a surety bood to the city; wnditioned upon.the
faithful dlstbarp of the duties of tbe offICe, in' a sum as speelfled by theCouneiL
The bond prelllium may be paid by. the city or the Manager, 1n the dlscntlon of the
Councll. The Manll8er shall operate the municipal Uquor store under the COIIRl:i1's
directlon and shaD perform those duties In collUdon with the store as may be
established by the Council. The Manager shall be responsible to the Council for the
conduct of the store In full compliance with this ordlnence and with the laws
relatlnl: to the sale of intoxlc:atlng liquor and 3.2 pueent malt Hquor.
(B) Other employees. The Council may also appoint additional employees as
may be required and shall fix their compensation. AD employees, including the
Manager, shaD hold their positions at the pleasure of the Council. No pel'SOllllnder
the ase of 18 shaD be employed in the store. The Council may require the employees
to furnish surety bonds conditioned lor the faithful discharge of their duties In a
sum as specified by the Council. The premium on the bond may be paiel by the city
or the employees, as lb. Council determines.
(C) Municipal Uquor store jlmd. All of the revenues received from the
operation of a municipal Hquor store shaD be deposited in a municlpalliquor store
fund from which all ordinary operating expenses, loc1udq IlOmpensatlon of the
Manager and employees, shall be paid. SurplU$es aeeumulattDllin the rund may be
transferred to the general fund of the dty or to any olber appropriate fund of the
city by resolution of the CoulJCll, and may be expended tor any municipal purpose.
The handling of munldpal Dquol' store rOl(elpts and disbursements shall comply
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with the procedure prescribed by law and charter for the recefpts and
disbursements of city funds generally.
(D) Fbu.lnciId SbJtem,nt. The Council shaD provide WIthin !IO days followine
tbe end of the calendar year for publication a balance sheet II8ing generally accepted
accounting procedures and a statement of operations of the mUDidpalliqllOr store _
for that year. The balance sheet and statement shall be published In lK:COrdance with
the provisions of J\.L S. * 471.6985, as it may be amended from time to time.
(E) Hl)u1"6 olopfflltion. The hours dW'iDg which the sale of Intoxlcatillg liquor
may be sold shall bellS provided in Section 19. No person, other than the Manager
or a store employee, may remain in the municipal liquor store longer than one half
bour after the time when the sale of Intoxicating liquor must cease.
SectIon 27. PROOF OF FINANCIAL RESPONSmn.lTY
The city sball demonstrate proof of finandal responsibility required by
lic:ensees of retalllntoxicating liquor establishments under the provisions of M. S.
340A.409, as It may be amended from time to time.
Section 28. ISSUANCE OF OTHER LICENSES '
",
(A,) On-sals licenses for the sals of intoxicating liquor. The Counell may Issue
'in its sowid dlsc:retion on-sale licenses to a dub W1der M. S. 340A.404, Subd. 1,
clause (4), as it may be amended from time to time. If the voters have authorized
their issuance at a special election called for that purpose, the Council may issue on
Its sound dlseretloD on-sale liquor licenses to hot.els and restalll'ant$. The number' of
on-sale lieenses issued under this section is governed by M. S. 340A.413, as it may be
amended from time to time, as limited by the provisions of this ordinance. The
issUance of the5lllic:enses is governed by the pro'l'isions of this ordinance.
(B) Off-sale licenses for the sale ofilltoxil:tZting liquor. State law does not
authorize the issuance of off.saJe IicI!llSeS for the sale of intoxicating liquor by cities
whicb operate a municipal liquor dispensary.
(C) On- and ofJ-salll3.2 p/lrcelll mtzlt liquor licenses. The CouDcil may isSue
3.2 percent malt liquor licenses in its sound discretion as provided In this ordinance.
PeMltks
Section 29. PENALITIES
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(A) Any person violating the provisions of this chapter Ot M. S. Chapter
340A, as it may be amended from time to tUne or any rules promulgated under that
Chapter is guJ.lty of a m.l6demeanor and upon conviction shall be punished 8S
plmided by law.
(B) The CoUl1cilshall impose a civil penalty of up to $2,000 for each violation
of M. S. Chapter 340A and of this ordinance as provided by the mlnimum schedule
of presumptive civil penalties. These civil penalties shall be III addition to lIDY
criminal penalties imposed under (A) 01' any suspension Or revocation imposed
under Section 22. Conviction of a violation in a court of law is not required In order
for the Counc1l to impose the civil pelHl1ty. A hearing Wider the Adll1inlstrative
Procedures Act, M. 5.1114.57 to 14.70, as it may be amended fI'Om time to time, is
not nqulred before the penalty is imposed, hut the Council shall bold a bearing on
the Pl'Oposed violation and the proposed penalty and hear any person who wishes to
speak. Non-payment of the pemdty is grounds for 8D8p8osion 01' Avocation of the
license. The following is the mlnlmum sehedule of presumptive civil penalties in
addition to any suspensions which must be imposed unless the license is revoked:
For the first violation wlthJb any three year period, $500.
For the second violation within any three year period, $1,000.
For the thil'd.and subsequent violations within any three year period, $2,000 for
each violation.
. (C) The term "violation" as used in this section and in Section 22 includes
any and all violations of the provisions of this chapter, or of M. S. Chapter 340A, as
It may be amended from time to time or any rules promulgated under that Chapter
as they may be amended from time to tlme. The number of violations shall be
deter111lDed on lbe bll/lu of the history ofvioladons for the Pl'eCedIlIg three year
period.
Effective_ and summary pUblication
Section 30. EFFECTIVE DATE
This ordinance becomes effective on the date of its publication, or upon the
publication of a summary of the ordinlmce as provided by M. S. 5 412.191, subet. 4,
as it may be amended from time to time, which meets the requirements of M. S. i
33IA.oI, subd. 10, as it may be amended from time to time.
Section 31. SUMMAltY APPROVEl>
The Council bereby determines tbat the text of the S1ID1mllI'Y of this ordinance
marked "Oftlcial SummAry of OrdiDance No. -' " and a copy of wblch is attached
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to l.bIs ordinance, clearly informs the public 01 the intent and effect of this
ordina.nce. The Couodl further detennine$ that publication of the title and this
summary will clearly inlOnD the publ1e of tile intent and effect of this ordinance.
The Clerk shall file a copy of this ordinance and the summary in the Clerk's office
which shaD available tor inspecUoD by any person dllriDa regular office hours. A
copy of the ordinance shall be available ill the community Hbrary, if there is one, or
If not, in any other public locatioll which the council designates.
PasSlld by the Council this
day of
Mayor
Attested:
Clerk
'"
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PUBLICATION OF A SUMMARY OF
THE ORDINANCE REGULATING
THE POSSESSION, SALE AND CONSUMPTION OF
INTOXICA TING AND 3.2 PERCENT MALT LIQUOR
WITHlN THE CITY OF , MINNESOTA.
Cities wishing to publish a summary of this ordinance
instead of pubUshlng the entire ordinance
should be fatniliar with the following information.
Statutory cltiell may publish a !lumlllary ot lengthy ordinances Inmad ot the
complete ordinance, as provided by Minnesota Statutes i 412.191, $IIbd. 4, but the
$Ummary lllust meet the requirements or Minnesota Statutes f 331A.Ol, subel. 10.
Betore dl"aftiD2, adopting and pub1Jshing a $ummary of an ordinance, the e1ty
should review the statutory prorisious reproduced below:
Minnesota Statutes ~ 412.191, Subdivision 4, provides In part as follows:
"10 the case of lengthy ordinances, or ordinances whicb iJlclude cbar1s 01" maps,.if
the c:1tv council determines tbat nublic:atton or the title and a SUmma" of an
ordinance would clearly Inform tile DubUc of the inunt and effect of the ordinllllCe.
the councn may bv a four.llfths vote of its memhe.... dil'tllt that only the title of the
ordinance and a .lImmarv be nubli&hed. conformln!! to sectIon 331A.Ol. subdivision
10. with notice that a nrinted CODY ot the orrlinllnce Is available tor IuslleCtlon bv
anv Dtr!lOn 40rln2 l'f:llU!ar oftlc:e hours at the ofnce ot the c:ltv e1erk and any other
location which the council deshmates. A copy or the entire text of the ordlDallce shall
be posted in the community llbrary,lfthere Is one, or ifnot, in any other public
location wblch the coundl desJ/IIllItes. Prior to the nublicatlon of the title and
summary lbe coundlsball anDmve the text of the ~1I...ml!lrv and determine that it
c1earlv Informs the nubllc of the intent and effect of the ordinan<<. The publishing
of the title and summary shaD be deemed to tulflD aD legal publkation requirements
as completely as if the entire ordinance had been publlshed. The text of the
summary sball be published in a body type no smaller than brevler 01" e1l:ht-polnt
type. Proof of the pUblication shan be attaclJed to and med with the ordinance."
(emphasis added)
Minnesota Statutes ~ 331A.Ol, subd. 10 l"eads in part:
"'Sununarv' means an accurate and IntelllPlble abst\"8Ct or SVDODsis of the _ntial
.Ism.n'" of nroceedinl!S. OrdiDlUlCes. resolutions. and other oMcial actions. It shall
be written in a clear and coherent manner. and shall. to the extent noss1ble. avoid
the use (If technical or legal terms not ..........allv familiar to the DubUc: (emphasis
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added). When a summary is published, the pllblieation sball clearly indicate that the
published material Is only a summAry and tbat the full tell is available for public
iDsped.ion at a designated location. A swmnary published in collformity with this
section shall be deemed to fulfill an legal publication requirements as completely as
if the entire matter which was sultlllUllized bad been published. No liability shall be
asserted against the local public corporation in connection with the pllbBcatlon Of a
swnDJal"y or agenda."
The toUoWln: is a suggested SlIIl1mIIry of this ordinance. The summary of the
ordinance adopted by the city should be l'e'Vlewed by the city attorney before it is
lIdopted by the COWlclL
In order to funy inform the public at the nature of any conduct that is prohibited,
portions of the summary set out the provisions of the ordinance in greater detall
than tbose dealing with the liquor licensinl;: process.
OFFICIAL SUMMARy OF ORDINANCE NO._,
AN ORDINANCE REGULATING
TIIE POSSESSION, SALE AND CONSUMPTION
OF INTOXICATING AND 3.2 PERCENT MALT LIQUOR
WITHIN THE CITY OF . , MINNESOTA
Tbe followin: is the official SWlllllal"y of Ord1nance No._, which was passed by the
city Council on
A printed copy of this ordinance is avaiJabJe for inspection by any person at the
otftce of the clty clerk durinl normal business hours, and at the CODlmlJDlty library,
If there Js one, or if not, In any other public location which the council designates.
The ordlnllJlce regulating the possession, sale and consumption of Intoxicating and
3.2 percent malt liquor within this city contains the following pro'Visions.
Section 1 adopts Minnesota Statutes Chapter 340A, ll$lt may be amended from time
to time, by reference.
Section Z permiJs the city to be more restrictive than state law concemlng the sale
and possession of alcobollc bevera~
Section 3 defines "liqUor" and "restaurant" as those terms are used In the
ordinance.
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Secltlon 4 makes it is unlawful for any licensee to permit or allow any pel'$On or
pel'$OnS on the licensed premises whlm the plllWll does Dot have his or lIer buttocks,
anus, breasts aDd genitals ~overed with II DOD-transparent material. It is UDlawtul
for any person to be on the licensed premislllJ when the person does not have his or
her but1o<:ks, anus, breasts and genitals ~overed with II non.trlUlSp&rent JlUlterial. A
violation of tbJs seeUon is II misdemeanor punishable as provided by law, and Is
jusdtleation tor revocation or suspellSion ot any liquor, wine or 3.2 pereent malt
liquor license or the impotltlon of a civil penalty under the provisions of Sectlon
29(B) of this ordinance.
Section 5 provides that no person shall consume intoxkatlng liquor or 3.2 percent
malt liquor In a {lUbHc park, on any public street, sidewalk, parking lot or alley, or
in any public P*e other than on tbe premi6es of lID estabHshmmt Iiunsed under
this ordinanc:e, in II munidpatliqnor dispensary if one exists in the city, or where the
consumption and display of liquor Is lawl'ully permitted.
Section 6 limits the number of license which may be issued.
Section 7 establishes thll term and expiration dates for J1c:enses.
8<<tion 8 llStablkhes tbll klnds of licenses which may be issued [Here the city sbould
list the specific Ilcenses authorized by the ol'dinanc:el.
Secltion 9 authOl'jies the establishment of license fees by ordinance or resolutiou.
Section 10 permits the Council, in its sound discretion, to grant or deny applications
for licenses, or for the tl'llllSter l,Ir renewal of any license.
Section 11 de$crlbes the lDfonnatJon required in lID IIppDc:ation for II lic:ense.
SectIon 12 requires a specific description of the prllnliaes to be IIc:ensed.
Section 13 provides that applJcations for renewal of Ikenses must be tiled at Itast 90
days before the date of u;plJ'lltlon, and permits the councllln Its sound d1saetlon to
renew or not renew II lic:mse.
Section 14 prohibits the transfer of a license without Council approval.
Section 15 requires background B.1Jd Iinlll1clal investi:lltions of applicants for a
Ucense, renewal of II license or transfer of II license.
Section 16 provides for a hearing on the issuance of a lic:euse.
Section 17 establW1es restrictions l,ID the issllance of II license.
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Section 18 establishes the conditiOIlS of a liquor Iic:ense that a llc:ensee must foUow to
avoid suspension or revoeation. The failure of a licensee to meet anyone of the
conditions of the license specified below shall result ID a suspension of the license
lUltlJ the l1ooditio.o is met.
Within !HI days after employment, every person se1llng or serving liquor in
an estabIishment whicb bas an "on-sale" lil1ense shall receive training regardine the
selling or serving of lJquor to CUStomers. The training shaH be provided by an
organf2:ation approved by the Coundl. Proof of training of the servl!l'$ sball be
provided by the licensee.
Every licensee is respom;ible tor the conduct of the place of business and the
conditioJlS of sobriety and order in It. Tbe act of any employee on the Iiteused
premises is deemed the act or the licellSee as well, and the licellsee shall be liable to
aD penalties provided by this ordinance and the law equally with the employee.
Every licensee shall ailow any peaai omcer. health officer, clty employee, or
any otber person desilP'atl!d by the Counc:il to conduct compliance checks and to
otherwiSe enter, Inspect and searcll the premises of the licensee during blUiness
hOllrs and after business hours during the time wben customers remain on the
premisea without a warrant.
No on-sale establishment shall display liquor to the public: durine hours when
the sale ofliqnor Is prohibited.
Compliance with financiaI responsibility requirements of state law and of
this ordilllUlce Is a contlnuine condition of any license.
Section 19 establishes the houtS aud days of sale whleh are consistent with those
established by state law. In addition, the ordinance provides tbat:
No person shall consume nor shall anyon-sale licensee permit any
COJ15lUllptioo of lntoxkatlng Uquor or 3.2 percent malt liquor In an on-sale lk:en.sed
premJses more than 30 minutes after the time when a sale can legally occur.
No on-sale licellSee shail permit any glass, bottle or other c:ontalner
c:ont&ining mtoxkatlng liquor or 3.2 percent malt liquor to remain upon :my table.
bar, stool or otber place where o:ustomers are served, more than 30 minutes after the
time when a sale can legally occur.
No person, other than the licensee and any employee, shaD remain on the on.
sale licensed premlses more than 30 ltIinutes after the time when a sale can legally
otCUJ:' .
Sec:tlOll 20 prohibits .minors alld underage persons On licensed premises except
under c:erteln condltlons.
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No person under the llie of 18 years shllll be employed in any rooms
constituting tbe place in wblcQ intoxicatine liquors or 3.2 percent malt liquor are
sold at retail on sale, except that persons under the age of 18 may be employed as
mllS.lclans or to perform the duties ot a bllS person or dlshwasbtng semees in places
deftned as a restaurant, botel, motel or other multipl1rpOSe buildln,= serving food in
rooms in wbidllntoxlcatin& liquors or 3.2 percent malt Uquor are sold at retail On
sale.
No person under the ale of 21 years may enter a IiceDSed establishment
except to worle, COnsume mee.ls on premises tbat qualify as a restaul'llllt, or attend
sodal functions that are held in a portion of the premises where liquor 1$ Dot sold.
Section 21 prohibits persons from m~ or preparing Uquor for COD8WDption in
any public place ctf business unless it has a IlceDSQ or permit.
Section 22 est.abIJshe.s the c.lmI.Ol.ttal1CeB and Procedurtl$ for 8USpensJon and
revocation of a license. Tbe CollDcIIls required to either sll$pend for a period not to
exceed 60 days or revoke any liquor JiceDsIe upon finding that the licensee has falJed
to comply with any applicable statute., reeuJation or provlslOll of aJJs ordinance
re1adng to lJquor. Lapse of required proof of financial responsJblllty sbaD etrect an
immedIate Sll$pension of any lleense Issued pursuant to this onliDaDce or slate law
without filrther aetlon of the Counc.ll. Nolla ot cancalladon or lapse of II Current
liquor liablllty policy shalJ also constitute notice to the licensee or the lmpendinll
suspension of the lil:en5e. A schedule of minJmum periods of suspension and for
revocation is established. . ,.,
Section 23 provides that Sections 24 to 28 apply to cltles with municlpall1quor
stores. [Note: ClUes that do not have a municlpalliquor store should delete these
sections before adopting this ordinance, but not renumber Sections 23 to 28. Instead
a notation should be Included in the summary of the ordinance lneUeatine that
"Sections 23 to 28 are reserved for future use." This Is so that the reader of the
ordinance will not be confused by the absence of these sections).
Section 24 provides tor the continuance of municipal UqUOT stores.
Section 25 prOVides for the IOCiltion ollUUniclpal liquor stores.
Section :l6 provides for the operation of municipal liquor stores.
Section 27 provides for proof of financial responsiblIlty of mUnicipal liquor stores.
Sedion 28 provides for the issuance of other lIcenses by cities with mUnlclpall\quor
stores.
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Section 29 provides tor penalties tor vtolatIDg this OrdiDllllCe, Indudiug II 5d1edule of
civil penalties.
Se<:don 30 eseablfsbes the effective date of the ordinance which is the date of thlt
publication of this summary of the ordinance.
Section 31 approves this summary of the ordinance.
This slll1llDlU"y was approved by the City COIIDciI ot
on
. Minnesota,
,
Mayo/:'
Attest:
City Clerk
23
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This document is also available in PDF format.
Plymouth City Code 1201.01
CHAPTER XII
Sale, Consumption and Display of Alcoholic Beverages
Section 1201 - State Law Adopted/Definitions
1201.01. Provisions of State Law Adopted, Except to the extent the provisions of this Chapter are
more restrictive, the provisions of Minnesota Statutes, Chapter 340A, as amended, regarding the
terms, licensing, consumption, sales, hours of sale, and all other matters pertaining to the retail sale,
distnlJUtion, and consumption of intoxicating liquor and 3.2 percent malt liquor are adopted and made
a part of this Chapter as if set out in full.
1201.03. Definitions. For the purposes of this Chapter, and in addition to those definitions contained
in Minnesota Statutes, Chapter 340A, as amended, the terms used in this Subsection are defined as
follows:
(a) Display: The term "Display" means the keeping, storing, or permitting to be kept or
stored of an alcoholic beverage which has been poured, dispensed or has had its package
seal broken on, in, or at any table, booth, bar or other area of a licensed premises
accessible to the general public, except when the alcoholic beverage is stored in a normal
storage area during non-sale hours.
(b) Interest: The term "interest" as used in this Chapter includes any pecuniary interest in
the ownership, operation, management or profits of a liquor establislunent, but does not
include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts
or other obligations held with or without security arising out of the ordinary and regular
course of business or selling or leasing merchandise, fixtures or supplies to such
establishment; or any interest of 5 percent or less in any corporation holding a City liquor
license. A person who receives monies, from time to time, directly or indirectly from a
licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts
or donations, shall be deemed to have a pecuniary interest in such retail license. In
determining "bona fide," the reasonable value of the goods or things received as
consideration for the payment of the licensee and all other facts reasonably tending to
prove or disprove the existence of any purposeful scheme or arrangement to evade any
prohibitions under this Chapter shall be considered.
(c) Licensed Premises: The term "Licensed Premises" is the premises described in the
approved license application. In the case of a restaurant, club, or exclusive liquor store
licensed for on-sales of alcoholic beverages and located on a golf course, "licensed
premises" means the entire golf course except for areas where motor vehicles are
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regularly parked or operated.
(d) Operating MAnA<1er: The term "Operating Manager" as used in this Chapter means a
person designated by the license holder who works full-time at the licensed premises and
is in charge of day-to-day liquor sales.
Plymouth City Code 1201.03 (e)
( e) Properlv Desiunated Officer: The term "Properly Designated Officer" means and
includes (i) the Plymouth City Fire Inspector; (ii) the Plymouth City Building Official; and
(iii) the Health Inspectors employed by Hennepin County or the State of Minnesota acting
in the course of the scope of their employment.
(f) Underage Person: The term "Underage Person" means a person who is under the legal
drinking age as provided by Minnesota Statutes Chapter 340A.
(Ord 98-2. 01/07198)
Plymouth City Code 1206.01
Section 1206 - Retail Licenses
1206.01. Licenses Required. No person, except as otherwise provided in Minnesota Statutes Chapter
340A shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2
percent malt liquor, or wine as part of a commercial transaction witho\lt first having received a license
to do so as provided in this Chapter; nor shall any private club or public place, directly or indirectly, or
upon any pretense or by any device, allow the consumption or display of intoxicating liquor or serve
any liquid for the purpose of mixing with intoxicating liquor without first obtaining a license from the
City as provided in this Chapter.
1206.02. Tvpes of Licenses. The following types of licenses are issued under this Chapter:
A. On-Sale Intoxicating Liquor License. On-sale intoxicating liquor licenses shall be granted only to
hotels, clubs, restaurants, and exclusive liquor stores. A license shall be issued to clubs and
congressionally chartered veterans' organizations if they have been in existence for at least three years
and liquor sales will only be to members and bona fide guests. On-sale intoxicating liquor licenses are
subject to the following conditions:
1. where the licensed premises is a free standing building, the
building (exclusive of land) must have a minimum valuation of
$500,000;
2. where the licensed premises is located in a shopping center,
the licensed premises:
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a. may not be an exclusive liquor store;
b. may not permit live music or dancing; and
c. must have a minimum of 150 seats for dining.
3. where the licensed premises is located in an office building the
licensed premises must have a minimum of 150 seats for dining.
B. Off-Sale Intoxicating Liquor License. Off-sale intoxicating liquor licenses may be issued to an
exclusive liquor store and shall permit off-sale of intoxicating liquor and 3.2 percent malt liquor.
C. Wille Licenses. Wine licenses may be issued, with the approval of the Commissioner, only to
restaurants having fucilities fur seating at least 25 people at one time for the sale of wine not exceeding
14 percent alcohol by volume and for consumption on the licensed premises only in conjunction with
the sale of food. The holder ofa wine license who is also licensed to sell 3.2 percent malt liquor on-
sale and whose gross receipts are at least sixty percent (60%) attributable to the sale offood, may also
sell intoxicating malt liquors at on-sale without an additional license.
D. On-Sale 3.2 Percent Malt Liquor License. On-sale 3.2 percent malt liquor license may be issued to
bona fide clubs, restaurants, and hotels where fuod is prepared and served for consumption on the
premises only.
Plymouth City Code 1206.02, Subd. E
E. Off-Sale 3.2 Percent Malt Liquor License. Off-sale 3.2 percent malt liquor license may be issued to
general food stores and drug stores and permit the sale 00.2 percent malt liquor at retail in the
original package for consumption off the premises only.
F. On-Sale Sunday Liquor License. On-sale Sunday liquor licenses may be issued only to a hotel or
restaurant, with fucilities for serving not less than:fifty (50) guests at one time, to which an on-sale
intoxicating license has been issued. Such license may permit the sale of liquor to be consumed on the
premises between the hours of 10:00 am. on Sunday and 1 :00 a.m. on Monday in conjunction with
the serving of food provided that the licensee is in conformance with the Minnesota Clean Air Act. No
Sunday license is needed for on-sale wine licenses.
G. Tempor!!!)' Licenses. Temporary on-sale 3.2 percent malt liquor licenses may be issued to a club or
charitable, religious, or nonprofit organization in existence for at least 3 years. The license may
authorize the on-sale 00.2 malt liquor for not more than 3 consecutive days, and may authorize on-
sales on premises other than premises the licensee owns or permanently occupies. The license may
provide that the licensee may contract for 3.2 malt liquor with the holder of a full-year on-sale liquor
license issued by the City. The licenses are subject to the terms, including the license fee, normally
imposed by the City. The licenses issued in this Section are subject to all laws and ordinances
governing the sale of liquor, including furnishing a form of proof of financial responsibi1ity.
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license, demonstrate proof of financial responsibility with regard to liability imposed by Minnesota
Statutes Section 340A.801 to the City, by providing proof of liquor liability/dram shop, general
liability, and workers compensation insurance coverage.
A. Liauor Liabi1itvlDrarnsho~. Proof of financial responsibility shall be given
by filing one of the following;
1. A certificate that there is in effect an annual aggregate
insurance policy fur dram shop insurance of not less than
$300,000 per policy year to cover each person, each occurrence,
property damage each occurrence, loss of means of support per
person, loss of means of support each occurrence, and policy
aggregate; or
2. A certificate of the State Treasurer that the licensee has
deposited with him $100,000 in cash or securities which may
legally be purchased by savings banks or trust funds having a
market value of$100,000.
B. General Liabilitv. Proof of financial responsibility shall be given by filing a certificate that there is in
effect for the license period an insurance policy or pool providing at least $50,000 of coverage
because of bodily injury to anyone person in anyone occurrence, $100,000 because of bodily injury to
two or more persons in anyone occurrence, $10,000 because of injury to or destruction of property of
others in anyone occurrence, $50,000 for loss of means of support of any one person in anyone
occurrence, and $100,000 fur loss of means of support of two or more persons in anyone occurrence.
Plymouth City Code 1206.06, Subd. C
C. Workers' Compensation Insurance. The policy limits for workers' compensation insurance shall be
as provided for by state law.
D. Additional Requirements. For purposes of Paragraphs A and B under this Section, the City shall be
named as additional insured on the liability insurance policy. The liability insurance required by this
section must provide that it may not be canceled for any cause by either the insured or the insurer
unless the canceling party has first given ten days' notice in writing to the City of intent to cancel the
policy.
1206.07. License A~plication. A license applicant shall complete the applicable application form
provided by the City Clerk. The City Clerk may waive completion of any part of the form that is
inappropriate or unnecessary.
1206.08. Execution of Application. If the application is by an individual, it shall be signed and sworn
to by such person; ifby a corporation, by an officer thereof; ifby a partnership, by one of the partners;
ifby an incorporated association, by the operating officer or mllnllging officer thereof. If the applicant
is a partnership, the application, license, and insurance policy shall be made and issued in the name of
all partners. It shall be unlawful to make any fulse statement in an application.
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H. Club Licenses. Club licenses may be issued to clubs as provided in Minn. Stat. ~ 340A404, subd.
1.
I. Consunwtion and Dis{llav Permits. Consumption and display permits may be issued to a bottle club
which complies with the requirements of Minn. Stat. ~ 340A414 and which has obtained a permit
from the Commissioner of Public Safety. Consumption and display permits shall not be issued in the
City, except to establishments that had been issued such a license on or prior to the effective date of
this ordinance.
1206.03. License Period. Each renewal license shall be issued for a maximum period of one year.
Temporary licenses shall expire according to their terms. All intoxicating liquor licenses expire on
January 31 of each year. All 3.2 percent malt liquor licenses expire on January 31 of each year.
Consumption and display licenses expire on March 31 of each year. (Ord 2000-15, 05/09/2000)
1206.04. Retail License Fees.
A. Annual Fees. The annual fees for all licenses and temporary licenses are set forth in Chapter X.
B. Prorated Fees. If a license application is made during the license year, the license shall be issued for
the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as
one month.
Plymouth City Code 1206.04, Subd. C
C. Payment. The fees for on-sale intoxicating liquor licenses and wine licenses may be paid in two
equal installments in advance of February 1 and August 1. License fees shall be paid into the general
fund.
D. Investigation Fees. Investigation fees for all licenses are set forth in Chapter X. Investigation fees
are non-refundable. No investigation fee shall be charged for a renewal application. At any time that an
additional investigation is required because of a change in the control of a corporate license, change in
manager, change in location, or enlargement of the premises, the licensee shall pay an additional
investigation fee. Where a new application is filed as a result of incorporation' or a change of name by
an existing licensee and the ownership control and interest in the license are unchanged, no additional
investigation fee will be required.
1206.05. License Fee Refunds. License fees shall be refunded ifan application for a license is denied
by the City Council, except where rejection is for a willful misstatement in the license application. No
part of the fee paid for any issued license shall be refunded except as authorized under Minnesota
Statutes Section 340A.408, subd. 5, upon application to the City Clerk within 20 days of the
happening of any event provided under Minnesota Statutes Section 340AA08, subdivision 5.
1206.06. Liability Insurance. Except as provided in Minn. Stat. ~ 304A.409, Subd. 4, all applicants for
any liquor license or consumption and display permit must, as a condition to the issuance of the
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1206.09. Renewal Application.
A. Applications for the renewal of an existing license shall be made at least forty-five (45) days prior
to the date of the expiration of the license, and shall state that everything in the prior applications
remains true and correct except as otherwise indicated.
B. Renewal applications for an on-sale license for a restaurant shall include a Certified Public
Accountant statement showing total sales, food sales, liquor sales, and percentage of total sales for the
previous year. The Council shall not renew the license unless at least forty (40%) percent of the
establishment's annual gross sales is from the serving of pre pared food.
1206.10. Investigations.
A. At the time of making an initial application, or renewal application, or request for a new manager,
the applicant shall, in writing, authorize the Plymouth Police Department to investigate all fucts set out
in the application and do a personal background and criminal record check on the applicant and
Operating Manager. The applicant shall further authorize the Plymouth Police Department to release
information received from such investigation to the City Council. (Ord. 99-06; 02/16/99; Ord. 2000-15,
05/09/2000)
B. Should the City Council deny the applicant's request for a license due, partially or solely, to the
applicant's prior conviction of a crime, the City Council shall notifY the applicant of the grounds and
reasons for the denial; the applicable complaint and grievance procedure as set forth in Minnesota
Statutes, Section 364.06; the earliest date the applicant may reapply for a license; and that all
competent evidence of rehabilitation will be considered upon reapplication.
Plymouth City Code 1206.11
1206.11. Hearing Required for New Licenses. A public hearing for the issuance of a license for a new
premises, or for a different licensee at the same premises, shall be preceded by ten (10) days' published
notice and ten (10) days' posted notice at City Hall and on the premises to be licensed. In addition, the
public hearing for the issuance of a license for a new premises shall also be preceded by a ten (10)
days' mailed notice to all owners of property located within five hundred (500) feet ofthe boundaries
of the property on which the business that is the subject of the application is located. A public hearing
is not required for temporary license applications.
1206.12. Information Considered for License Approval. The City Council shall consider the following
in addition to conformity with state statutes and city ordinances in determining whether a new or
renewal license shall be granted:
A. The investigative and staff report submitted by the Police Department and City Clerk;
B. Information received through the public hearing process;
C. Whether the applicant has or will take affirmative action to minimize public safety problems
commonly associated with on-sale liquor establishments, including but not limited to DWI drivers,
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illegal sale to minors, disturbing the peace, etc.;
D. Any other relevant information.
1206.13. Granting or Transfer of License.
A. Apl'licant. A license shall be issued to the applicant only, and no license shall be transferred except
as provided in this Chapter.
B. Premises. Each license shall be issued only for the exact rooms and square footage descnoed in the
application. A license is valid only in the compact and contiguous building or structure situated on the
premises descnoed in the license, and all transactions relating to a sale under such license must take
place within such building or structure.
C. Building Under Construction. When a license is granted for a premises where the building is under
construction or otherwise not ready for occupancy, the City Clerk shall not issue the license until
notified by the Building Official that the building is ready for occupancy.
D. Death of Licensee. In the event ofthe death of a person holding a license, the personal
representative of that person shall be allowed to continue to operate the business within the terms of
the license for a period not to exceed 90 days after the death of the licensee.
1206.14. Corporations. Partnerships. or Associations.
A. All corporations, partnerships, and associations must designate an Operating Manager. The
Operating Manager must be a person working full-time at the licensed premises who is in charge of
day-to-day liquor sales.
Plymouth City Code 1206.14, Subd. B
B. Licenses issued to corporations shall be valid only so long as there is no change in the officers or
ownership interest of the corporation, as defined in this Chapter, unless such change is approved by
the Council. The requirement concerning change in officers does not apply to corporations whose
stock is traded on the New York or American Stock Exchanges.
C. Licenses issued to associations or partnerships shall be valid only so long as there is no change in
the partnership or association, unless such change is approved by the Council
D. Corporations, partnerships, or associations holding licenses shall submit written notice to the City
Clerk of any changes descn"bed herein on or before 30 days prior to the effective date of any such
change. Notwithstanding the definition of "interest" as defined in this Chapter, in the case of a
corporation, the licensee shall notifY the City Clerk when a person not listed in the application acquires
an interest that, when combined with that of a spouse, parent, brother, sister, or child, exceeds 5
percent and shall give all information about said person as is required of a person pursuant to the
provisions of this Chapter.
E. Corporations holding licenses shall submit written notice to the City Clerk of any change in
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Operating Managers prior to the effective date of such change. The written notice shall designate the
new Operating Manager. The new Operating Manager shall be subject to the investigation required by
this Chapter. (Ord 99-6; 02/16/99; Ord 2000-15, 05/09/2000)
F. The designation ofa new Operating Manager shall not cause the corporation's license to become
invalid before a decision is rendered by the City Manager or hislher designee, provided proper notice
and application are made by the applicant. A proposed new Operating Manager shall be referred to as
the interim Operating Manager. In the event an interim Operating Manager is rejected by the City
Manager or hislher designee, the corporation shall designate another interim Operating Manager and
make the required application within 15 days of the City Manager or hislher designee's decision. If the
City Manager or his/her designee rejects a proposed Operating Manager, the decision may be appealed
to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after
being notified of the rejection. (Ord 2000-15, 05/09/2000)
1206.15. Ineligible for License.
A. State Law. No license shall be granted to or held by any person
1) made ineligible by State law;
2) who is a person under 21 years of age;
3) who is not a citizen of the United States or a resident alien;
4) upon whom it is impractical to conduct a background and
financial investigation due to the unavailability of information;
5) who has had a liquor license revoked within five years of the
license application, or to any person who at the tijne of the
violation owns any interest, whether as a holder of more than
five percent of the capital stock of a corporation licensee, or to a
corporation, partnership, association, enterprise, business, or
firm in which any such person is in any manner interested;
6) who is not of good moral character and repute;
Plymouth City Code 1206.15, Subd. A
7) who has a direct or indirect interest in a manufucturer,
brewer, or wholesaler; or
8) who, within five years of the license application, has been
convicted of a felony or a willful violation of a federal or state
law or local ordinance governing the manufucture, sale,
distnbution, or possession for sale or distribution of an alcohol
beverage and who cannot show competent evidence under
Minnesota Statutes Section 364.03 of sufficient rehabilitation
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and present fitness to perform the duties of a licensee.
B. Manal!er Required. No licenses shall be granted to a corporation that does not have an Operating
Manager.
C. Real Party in Interest. No license shall be granted to a person who is the spouse of a person
ineligible for a license under this Chapter or who, in the judgment of the council, is not the real party
in interest or beneficial owner of the business operated, or to be operated, under the license.
D. Residencv Requirements. A license will not be renewed if, in the case of an individual, the licensee
is not a resident of the State at the time of the date for renewal; if, in the case of a partnership, the
managing partner is not a resident of the State at the time of the renewal; or in the case of a
corporation, if the Operating Manager does not reside within 100 miles of the City of Plymouth at the
time of the date of renewal The time for establishing residency within the State may, for good cause,
be extended by the Council. (Ord 98-31, 09-02-98)
E. Delinquent Taxes or Charl!es. No license shall be granted for operation on any premises on which
state, city or county taxes, assessments, or other financial claims of the state, city, or county are
delinquent and unpaid. Notwithstanding the foregoing, if the delinquent taxes, assessments, or
financial claims are against a landowner, and licensee is a tenant of landowner and has no financial
interest in landowner, then the City Council may, in its discretion, but shall not be required to, grant a
license to an applicant so long as the applicant is not delinquent on any taxes, assessments, or financial
claims as set forth herein.
1206.16. Conditions of Approval. At the time a license is issued pursuant to this Chapter or a
consumption and display permit is approved, the City Council may attach special conditions to the
approval based upon the nature of the business, the location of the business, and verified complaints, if
any, to protect the health, safety, welfare, and quietude of the community and ensure harmony with
the location where the business is located. Violation of any of the conditions shall be grounds for
revocation of the license.
1206.17. Distance from School. No on-sale or off-sale intoxicating liquor license, club license,
consumption and display permit, on-sale or off-sale 3.2 percent malt liquor license, or wine license
may be granted within the same block of any school or within 500 feet of any school. The distance
shall be measured from the freestanding parcel or lot upon which the business to be licensed is located
or from the exterior wall of the approved area leased or owned by the business to be licensed within a
shopping center to the nearest point of the parcel or lot upon which the school is located. The erection
of a school within the prohibited area after the original license application
Plymouth City Code 1206.17
has been granted shall not, in and of itself; render such premises ineligible for renewal of the license.
1206.18. Federal Stamps. No licensee shall possess a federal wholesale liquor dealer's special tax
stamp or a federal gambling stamp.
1206.19. Revocation or Suspension of License. The Council may suspend or revoke any license for
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the sale of intoxicating or 3.2 percent malt liquor for any of the following reasons:
A. False or misleading statements made on a license application or renewal, or fu.ilure to abide by the
commitments, promises or representations made to the City Council.
B. Violation of any .special conditions under which the license was granted, including, but not limited
to, the timely payment of real estate taxes, and all other charges.
C. Violation of any Federal, State, or local law regulating the sale of intoxicating liquor, 3.2 percent
malt liquor, or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned
or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating
liquor or 3.2 percent malt liquor.
F. That the licensee had knowledge of illegal acts upon or attributable to the licensed premises, but
fu.iled to report the same to the police.
G. Expiration or cancellation of any required insurance, or failure to notify the City within a
reasonable time of changes in the term of the insurance or the carriers.
1206.20. Inactive License. The City Council may revoke the intoxicating liquor or 3.2 percent malt
liquor license of any establishment granted a license that is not under construction and exlubiting
satisfactory progress toward completion within 6 months from its issuance, or any establishment that
ceases operation for a period of 6 months. A hearing shall be held to determine what progress has
been made toward opening or reopening the establishment and, if satisfactory progress is not
demonstrated, the Council may revoke the license.
1206.21. Heariru!: Notice. Revocation or suspension of a license by the City Council shall be preceded
by public hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The City
Council may appoint a hearing examiner or may conduct a hearing itself The hearing notice shall be
given at least 10 days prior to the hearing, include notice of the time and place of the hearing, and
state the nature of the charges against the licensee.
1206.22. Presumptive Civil Penalties.
A. Purpose. The purpose of this Section is to establish a standard by which the City Council
determines the length of license suspensions and the propriety of revocations, and shall apply to all
premises licensed under this Chapter. These penalties are presumed to be appropriate
Plymouth City Code 1206.22, Subd. A
for every case; however, the Council may deviate in an individual case where the Council finds that
there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a
licensee's efforts in combination with the State or City to prevent the sale of alcohol to minors. When
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deviating from these standards, the Council will provide written findings that support the penalty
selected.
B. Minimum Penalties for Violations. The minimum penalties for convictions or violations must be
presumed as follows (unless specified, numbers below indicate consecutive days' suspension):
The following violations require revocation of the license on the first violation.
a Commission of a felony related to the licensed activity.
a Sale of alcoholic beverages while license is under suspension.
a Sale of intoxicating liquor where only license is for 3.2 percent malt liquor.
Best Practices Establishments. Establishments entering into an agreement with the Police Department
as a Best Practice Establishment will use the Best Practices violation grid. (Ord 2001-08, 02/27/2001)
The following violations full under this violation grid broken down by type of license.
a Sale of alcoholic beverages to under-age persons.
a Sale of alcoholic beverages to obviously intoxicated person.
a After hours sale/display/consumption of alcoholic beverage.
a Illegal gambling on premises.
a Failure to take reasonable steps to stop person from leaving premises with alcoholic
beverages (on-sale allowing off-sale).
Type of License 1st Violation 2nd Violation 3rd Violation 4th Violation
On-sale $500 ~ $1,000 and $2,000 and Revocation
intoxicating ~.~~ 10 .1.--1+
5 days 10 days 15 days
liquor suspension suspension suspension
Off-sale $500 and $1,000 and $2,000 and Revocation
intoxicating liquor
3 days 7 days 12 days
suspension suspension
suspension
On-sale beer and $500 and $1,000 and $2,000 and Revocation
wine
5 days 10 days 15 days
suspension suspension suspension
Off-sale 3.2 malt $1,000 and $1,500 and $2,000 and Revocation
10 days 20 days 40 days
suspension
suspension suspension
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Plymouth City Code 1206.22, Subd. B
BEST PRACTICES PENALTY GRID~
Type of License 1 st Violation 2nd Violation 3rd Violation
On-sale $500 $1,000 and Return to regular penalty grid
intoxicating and Off Best Practices for 1 year
5 days
Liquor suspension,
stayed
Off-sale $500 $1,000 and Return to regular penalty grid
intoxicating liquor and Off Best Practices for 1 year
3 days
suspension stayed
On-sale beer and $500 $1,000 and Return to regular penalty grid
wine and Off Best Practices for 1 year
5 days suspension
stayed
Off-sale 3.2 malt $1,000 $1,500 and Return to regular penalty grid
and Off Best Practices for 1 year
10 days
suspension stayed
Any violation not listed in the previous information would be heard by the Council and they would
review all information and circumstances and determine a penalty with the maximum fine of$2,000
and/or 60-day suspension or determine the license should be revoked.
First violations would be handled by an administrative hearing with the Police Chief or his/her
designee with the presumptive penalty given to license holders. For Best Practice establishments :first
and second violations would be handled by an administrative hearing with the Police Chief or his/her
designee. License holders have the right to request a hearing before the City Council if not in
agreement with the presumptive penalty. The Police Chief also has the right to request a hearing
before the Council ifhe/she believes there exists substantial reason making it appropriate to deviate
from the presumptive penalty. If the Police Chief and licensee agree on the presumptive penalty, these
will be reported to the City Council in a staff report.
(Ord. 99-II, 05/04/99; Ord. 2000-29, 8/08/2000; Ord. 2001-08, 02/27/2001)
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C. Multivle Violations. At a licensee's first appearance before the Council, the Council must act upon
all of the violations that have been alleged in the notice sent to the licensee. The Council in that case
must consider the presumptive penalty for each violation under the first appearance column in
subsection (B) above. The occurrence of multiple violations is grounds for deviation from the
presumed penalties in the Council's discretion.
D. Subsequent Violations. Violations occurring after the notice of hearing has been mailed, but prior
to the hearing, must be treated as a separate violation and dealt with as a second appearance before
the Council, unless the City Manager and licensee agree in writing to add the violation to the first
appearance. The same procedure applies to a second, third, or fourth appearance before the Council.
E. Subsequent A\>pearances. Upon a second, third, or fourth appearance before the council by the
same licensee, the Council must impose the presumptive penalty for the violation or
Plymouth City Code 1206.22, Subd. E
violations giving rise to the subsequent appearance without regard to the particular violation or
violations that were the subject of the first or prior appearance. However, the Council may consider
the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty
imposed by this Section.
F. Computation of Violations. Multiple violations are computed by checking the time period of the
three years inunediately prior to the date of the most current violation. (Ord 2000-29, 8/08/2000)
G. Other Penalties. Nothing in this Section shall restrict or limit the authority of the council to suspend
up to sixty (60) days, revoke the license, impose a civil fine not to exceed two thousand dollars
($2,000.00), to impose conditions, or take any other action in accordance with law; provided, that the
license holder has been afforded an opportunity for a hearing in the manner provided in this Chapter.
(Ord 98-2, 01/07/98)
Plymouth City Code 1211.01
Section 1211 - Retail Sales Regulation
1211.01. Right ofInsoection.
A. Any Plymouth police officer or any properly designated officer displaying proper identification shall
have the unqualified right to enter, inspect, and search the premises of any licensee hereunder without
a warrant, during business hours or when owners, managers, or other employees are located on the
prennses.
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B. The busines.s records of the licensee, including Federal and State tax returns, shall be available for
inspection by the City at all reasonable times upon written request.
1211.02. Responsibility of Licensee.
A. Orderly Conduct. Every licensee shall be responsible for the conduct on the licensee's place of
business including conduct and activity attributable to the business on property owned or controlled by
the licensee. Every licensee shall also cooperate with the City in controlling activity attnbutable to the
business in surrounding areas.
B. Act ofEmoloyee. The act of any employee in violation of this Chapter on the licensed premises is
deemed the act of the licensee as well, and the licensee shall be liable fur all penalties provided by this
Chapter and other laws equally with the employee.
1211.03. Hours of Operation.
A. Hours and Davs of Sale. Hours and days of sale shall be as allowed by state law. There shall be no
consumption or display of intoxicating or 3.2 percent malt liquor during the hours that sale is
prohibited by state 4w.
B. Non-emlllovees on Premises. A liquor licensee shall not allow non-employees on the business
premises from fifteen (15) minutes after the sale of intoxicating liquor is prohibited until the sale is
again permitted except as hereinafter provided. On-sale intoxicating liquor licensees and on-sale 3.2
percent malt liquor licensees may permit non-employees on the premises during its normal hours of
operation when the sale of intoxicating and 3.2 percent malt liquor is prohibited, provided, that there
be no sale, consumption, or display of intoxicating or 3.2 percent malt liquor during the hours in which
the sale or consumption of liquor is prolnbited, and provided that the licensee has closed off all access
to the bar area in a manner approved by the City.
1211.04. Posting License. All liquor licensees shall have the license posted in a conspicuous place that
is visible to the public in the licensed establislnnent at all times.
Plymouth City Code 1211.05
1211.05. Building Changes. Proposed enlargement or substantial alteration which changes the
character of the establishment, or extension of premises previously licensed shall be reported to the
City Clerk at or before the time application is made for a building permit for any such change. The
enlargement, substantial alteration or extension shall not be allowed unless the Council approves an
amendment to the license.
1211.06. Public Character of Liquor Sales. No sale of liquor shall be made to or in guest rooms of
hotels unless:
1. the rules of such hotel provide for the service of meals in guest rooms;
2. the sale of such liquor is made in the manner on-sales are required to be
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made;
3. such sale accompanies and is incidental to the regular service of meals to
guests therein;
4. the rules of such hotel and the description, location, and number of such
guest rooms are fully set out in the application for the liquor license.
1211.07. Restrictions Involving Underage Persons.
A. No licensee, his agent, or employee sha1l serve or dispense upon the licensed premises any
intoxicating or 3.2 percent malt liquor to a person under the legal drinking age; nor shall such licensee,
or his agent or employee, permit any such person to be furnished or allowed to consume any such
liquors on the licensed premises; nor shall such licensee, his agent, or employee, permit any such
person to be delivered any such liquors.
B. No person under the legal drinking age shall enter a licensed premises for the purpose of purchasing
or consuming any alcoholic beverage. It is not unlawful for any person who has attained the age of 18
years to enter licensed premises for the following purposes:
I) to perform work for the establishment, including the serving of alcoholic beverages, unless
otherwise prolnbited by statute;
2) to consume meals; and
3) to attend social functions that are held in a portion of the establishment where liquor is not sold.
C. No person under the legal drinking age shall consume or receive delivery of intoxicating or 3.2
percent malt liquor except in the household of the minor's parent or guardian, and then only with the
consent of such parent or guardian.
D. No person under the legal drinking age shall possess any intoxicating or 3.2 percent malt liquor.
Possession of an alcoholic beverage by a person under the legal drinking age at a place other than the
household ofthe parent or guardian is prima fucie evidence of intent to consume it at a place other
than the household ofthe person's parent or guardian.
Plymouth City Code 1211.07, Subd. E
E. MisrePresenting Age. No underage person shall misrepresent the person's age for the purpose of
obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter any premises
licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purposes of
purchasing or having served or delivered any alcoholic beverage. Nor shall any such person purchase,
attempt to purchase, consume, or have another person purchase for the underage person any
intoxicating liquor or 3.2 percent malt liquor. .
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F. Identification Requirements.
1. Identification Required. Any person shall, upon demand of the licensee, his employee, or agent,
produce and permit to be examined one of the forms of identification provided under Minnesota
Statutes Section 340A.503, subdivision 6.
2. Prima Facie Evidence. In every prosecution for a violation of the provisions of this section relating
to the sale or furnishing of intoxicating liquor or 3.2 percent malt liquor beverages to underage
persons and in every proceeding before the Council with respect thereto, the fact that the underage
person involved has obtained and presented to the licensee, his employee or agent, a driver's license,
passport or identification card from which it appears that said person was not an underage person and
was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent
or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a
violation, if one has occurred, was not willful or intentional.
1211.08. Employment of Persons Under Eighteen Years of Age. No person under eighteen (18) years
of age may serve or sell intoxicating liquor in a retail intoxicating liquor establishment.
1211.09. Prohibited Conditions.
A. Prostitution. No licensee shall knowingly permit the licensed premises or any room in those
premises or any adjoining building directly under the licensee's control to be used by prostitutes.
B. Controlled Substances. No licensee shall knowingly permit the sale, possession or consumption of
controlled substances on the licensed premises in violation of state law.
C. Gamblin!>. Gambling and gambling devices are not permitted on licensed premises. State lottery
tickets may be purchased and sold within licensed premises as authorized by the director of the state
lottery.
1211.10. Ownership of Equipment. No equipment or fixture in any licensed place shall be owned in
whole or in part by any manufacturer or distiller except such as shall be expressly permitted by state .
law.
1211.11. Display ofLiouor. No on-sale liquor establishment shall display liquor to the public during
the hours when the sale of liquor is prolnbited.
Plymouth City Code 1211.12
1211.12. Delivery.
A. Restrictions. Only licensed off-sale retail liquor establishments and no other dealers may make
deliveries of intoxicating liquor from their stores to the residence of the purchaser or other location.
Such delivery shall be made only to a person 21 or more years of age. No deliveries may be made to a
beer tavern or other public or private place in violation of law. No deliveries may be made to
purchasers in any location where the sale.or delivery thereof is prohibited by law. No deliveries may be
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made of any intoxicating liquor during the hours when off-sale of liquor is prohibited by state law or
municipal ordinance. Only alcoholic beverages ordered and packed at the store for delivery shall be
carried in the delivery vehicle.
B. Deliverv Tickets Required. The person in charge of any vehicle delivering intoxicating liquor to
purchasers shall carry an invoice or delivery slip stating the date and names and addresses of the seller
and purchaser, itemizing the number, size, and brands of intoxicating liquor to be delivered. Upon
delivery, the invoice shall be signed by the person accepting delivery and by the deliverer and the
signed copy preserved on the retainer's premises for a period of six months.
C. Licensee May Refuse to Deliver. Any licensee, or employee or agent of the licensee, may refuse to
sell or deliver intoxicating liquor to any person whom they have reason to believe is ineligible to buy
such liquor, or whom they have reason to believe intends to deliver the intoxicating liquor to ineligible
consumers. They may require a person of doubtful age to produce written evidence of being 21 or
more years of age.
1211.13. Samples. Off-sale licensees may provide samples of malt liquor, wine, liqueurs, cordials, and
distilled spirits which the licensee currently has in stock and is offering for sale to the general public
without obtaining an additional license, provided the wine, liqueur, cordial, and distilled spirits samples
are dispensed at no charge and consumed on the licensed premises during the permitted hours of off-
sale in a quantity less than 100 milliliters ofmalt liquor per variety per customer, 50 milliliters of wine
per variety per customer, 25 milliliters of liqueur or cordial, and 15 milliliters of distilled spirits per
variety per customer.
contact@ci.plvmouth.mn.us
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This document is also available in PDF format.
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2000-29
AN ORDINANCE AMENDING CHAPTER XU OF THE PLYMOUTH
CITY CODE CONCERNING BEST PRACTICE
LIQUOR ESTABLISHMENTS AND
CHAPTER X CONCERNING LICENSE FEES
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Section 1206.22, B of the Plymouth City Code is amended to read:
B. Minimum Penalties for Violations. The minimum penalties for convictions or violations must be
presumed as follows (unless specified, numbers below indicate consecutive days' suspension):
The following violations require revocation of the license on the first violation.
. Commission of a felony related to the licensed activity.
. Sale of alcoholic beverages while license is under suspension.
. Sale of intoxicating liquor where only license is for 3.2 percent malt liquor.
Best Practices Establishments. Establishments entering into an lil!reement with Public Safety as a Best
Practice Establishment will use the Best Practices violation grid.
The following violations fall under this violation grid broken down by type of license.
. Sale of alcoholic beverages to under-age persons.
. Sale of alcoholic beverages to obviously intoxicated person.
. After hours sale/display/consumption of alcoholic beverage.
. Illegal gambling on premises.
. Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages
(on-sale allowing off-sale).
Ordinance No. 2000-29
Page 2 of3
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SECTION 400 - LICENSING AND REGULATING THE SALE AND
CONSUMPTION OF INTOXICATING LIQUOR
400.01 Definition of Terms. Unless the context otherwise
indicates, the following terms have the meanings stated.
Subd.
glass for
only.
1
the
On-sale. The
consumption on
sale
the
of liquor by the
licensed premises
Subd.2 Off-sale. The sale of liquor in
original packages in retail stores for consumption off
or away from the premises where sold.
Subd. 3. Exclusi ve Liquor Store. An on-sale or
off-sale, or combination of on-sale and off-sale,
establishment used exclusively for the sale of
intoxicating liquor at retail and under the control
of an individual owner or manager and as an incident
thereof may also sell tobacco products, ice, beverages
for mixing with intoxicating liquor, liqueur-filled
candies, food products that contain more than one-half
of one percent alcohol by volume, cork extraction
devices, books and videos on the .use of alcoholic
beverages, and home brewing equipment. An exclusive
liquor store includes an on-sale or combination on-
sale and off-sale establishment operating a restaurant
or selling food for consumption on the premises when
authorized by the City.
Subd. 4. Intoxicating Liquor. Ethyl alcohol,
and any distilled, fermented, spirituous, vinous or
malt beverage containing in excess of three and two-
tenths (3.2) percent of ethyl alcohol by weight.
Subd. 5. Restaurant. any establishment under
the control of a single proprietor or manager, having
appropriate facilities for the serving of meals, and
where, in consideration of payment therefore, meals
are regularly served at tables to the general public,
and which employs an adequate staff to provide the
usual and suitable service to its guests, and the
principal part of the business of which is the serving
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o'f foods. Such establishment shall have facilities
for seating not less than 50 guests at one time.
400.02 Provisions of State Law Adopted. Except where this
Section contains a different provision, the provisions of
Minn. Stat., Chap. 340A, relating to the definition of
terms, licensing, consumption, sales, conditions of bonds
of li:censes, hours of sale, and all' .other matters
pertaining to the retail sale, distribution and consumption
of intoxicating liquor are adopted and made a part of this
Section as if set out in full. In the event of any
conflict between this section and the provisions of state
law, the provision with the more stringent requirement of
the licenses shall prevail.
400.03 License Required.
Subd. I General Requirement. No person, except
a wholesaler or manufacturer to the extent authorized
under state license, shall directly or indirectly, on
any pretense or by any device, sell, barter, keep for
sale, charge for possession, or otherwise dispose of
in the City any intoxicating liquor without a license
to do so as provided in this Section. Liquor licenses
shall be of three kinds: On-sale, Off-sale, and Club
licenses.
Subd. 2 On-sale Licenses. On-sale
shall be issued only to restaurants and
liquor stores as follows:
(b)
(c)
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licenses
exclusive
(a)
Two licenses to restaurants whose fixtures
and structures, exclusive of land, have a
minimum 'fair market value of $350,000.
One license to an exclusive liquor store
whose fixtures and structures, exclusive of
land, has a minimum fair market value of
$120,000.
An On-sale liquor license shall permit, when
carried on in conformity with this Code, the
use of entertainment. This entertainment
may be either by phonograph, automatic
piano, orchestra or band, or any other
musical instrument. It may include singing,
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-either by group participation or by an
individual.
Subd. 3 Off-sale Licenses. Off-sale
licenses shall be issued only to exclusive liquor
stores and shall permit off-sales of liquor only.
. Subd. 4
combination of
be issued only
Combination Licenses.
on-sale and off-sale license
to an exclusive liquor store.
A
shall
Subd. 5 Special Club Licenses. Special
club licenses shall be issued only to
incorporated clubs which have been in existence
for 15 years--or more, or to congressionally
chartered veterans' organizations which have been
in existence for 10 years; and liquor sal.es will
only be to members and bona fide guests.
Subd. 6 Special License for Sunday Sales..
If authorized by the voters as provided by state
law, a special license authorizing sales on
Sunday in conjunction with the serving of food
may be issued to any restaurant or club which has
facilities for serving food to at least 30 guests
at one time, and which has an on-sale license.
400.04 Application for License
Subd. 1 Application for License to be Verified.
Every application for a license to sell intoxicating
liquor shall be verified and filed with the City
Administrator.
Subd. 2 Nature of Application. The application
shall show whether the applicant is a natural person,
corporation, limited liability company, partnership or
other form of organization. No more than one off-sale
license may be directly or indirectly issued to any
one person in the City.
Subd. 3~. The application shall state the
type of license the applicant seeks.
Subd. 4
application
applications
for
for
Application Procedure. Every
a license to sell liquor, including
renewals of existing licenses or for
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recording changes in the ownership or management of
establishments having existing licenses, or for an
expansion of licensed premises, shall be made only
upon forms furnished by the City Administrator, and
once completed by the applicant, shall be filed with
the City and a record of the same made therein. The
application shall then be referred by the City to the.
license inspector' of the police department, who upon
having completed investigation thereof, shall direct
the same to the City Administrator for referral to the
City Council.
Subd. 5 Contents of Application. In addition to
the information which may be required by the State
Commissioner of Public Safety, the application shall
contain the following information:
(a) True name, place and date of birth, and
street residence address of applicant.
(b) Whether applicant is married or single. If
married, true name, place and date of birth,
and street residence address of applicant's
spouse.
(c) Whether applicant and spouse maintain their
principal place of residence in the State of
Minnesota.
(d) Street addresses at which applicant has
lived during the preceding ten (10) years.
(e)
Kind, name
occupation
during the
and location of every business or
applicant .has been engaged in
preceding ten (10) years.
(f) Names and addresses of applicant's employers
for the preceding ten (10) years.
(g) Whether or not applicant has ever been con-
victed of any felony, gross misdemeanor,
misdemeanor, petty misdemeanor or ordinance
violation. If so, when, where and for what
such convictions were had.
(h) Whether applicant has ever been engaged as
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an employee in the operation
cafe, soft drink parlor or other
other similar nature. If so,
and f.or how long.
of a saloon,
business of
when, where
(i) Whether applicant is a natural person,
corporation, limited liability company,
partnership or unincorporated association.
(j) If applicant is other than a natural person,
the name of the manager or proprietor of the
premises to be licensed, giving all the
information about said manager or proprietor
as is required about the applicant by
subsections (a) through (h) above.
(k) If applicant is other than a natural person,
the names of all the members or owners
thereof, giving all the information about
said members or owners as is required about
the applicant by subsections (a) through (h)
above. This subsection (k), however, shall
not apply to a corporation whose stock is
publicly traded on a stock exchange and who
is applying for an on-sale license to be
owned or operated by it.
(1) The phone number and street number where the
sale of liquor is to be conducted, and if
applicable, the number of dining rooms open
to the public where meals are regularly
served to guests.
(m) Names and addresses of the owner and any
lessees of the land upon which is located
the building which houses the premises to be
licensed.
(n) Names and addresses of all owners, lessees,
mortgagors or vendors of fixtures or
furniture used or to be used in the premises
to be licensed.
(0) Name and address of every person who shall
have charge, management or control of the
place licensed.
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or.
(p)
'.
Names and residence and
of three (3) persons,
character, not related to
may be referred to as
character.
business addresses
of good moral
the applicant, who
to his or her
(q) If applicant is a corporation, limited
liability company, unincorporated
association or club, the name and general
purpose of such corporation, limited
liability company, unincorporated
association or club, and the names and
street addresses of all officers, directors,
members or governors. In addition,
corporations shall file with the application
two (2) certified copies of the bylaws,
articles of incorporation and minutes of the
meeting setting forth the officers of the
corporation.
(r) If applicant is a corporation, the state of
incorporation, and a complete list of all
stockholders with the number of shares owned
by each. This subsection (r), however,
shall not apply to a corporation whose stock
is publicly traded on a stock exchange and
who is applying for an on-sale license to be
owned or operated by it.
(s) If applicant is a partnership, the name and
general purpose of the partnership and the
names and addresses of all partners.
(t) If a permit from the federal governr(lent is
required by the laws of the United States,
whether or not such permit has been issued,
and, if so, in what name.
(u) Exact legal description of the premises to
be licensed including the plat and parcel
number.
(v)
Whether or not all real estate and personal
property taxes for the premises to be
licensed have been paid, and if not paid,
the years for which such taxes are
delinquent.
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\w) Such other information as the City Council
may require.
Subd. 6 Qualifications of Applicant. No license
shall be issued to any applicant who does not meet the
following qualifications:
'(a) Applicant must be the actual owner of the
licensed business.
(b) Applicant can not have been convicted,
within five (5) years of the date of the
application of any felony, or any two (2)
crimes other than a felony or of any willful
violation of any law dealing with the sale,
possession, manufacture or transportation of
any alcoholic beverage. If such conviction
within the United States shall have resulted
in a forfeiture of civil rights, the five
(5) year period shall begin to run at the
date of restoration of civil rights.
(c) Applicant must be 21 years of age or older.
(d) Applicant must be of good moral character
and repute.
(e) If the applicant is a partnership, all
partners must qualify in the same manner as
individual applicants. If the applicant is
a limited partnership, only the general
partners must qualify.
(f) If the applicant is a corporation,_ it must
be authorized to do business in Minnesota.
(g) No license shall be issued or transferred to
any person who has had a license revoked
within five (5) years prior to the date
application under the terms of this chapter
or the statutes of the State of Minnesota,
nor shall any license be issued or
transferred to the spouse of such person.
Subd. 7 Execution of Application. If the
application is by a natural person, it shall be signed
and sworn to by such person; if by a corporation, by
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an officer thereof; if by a limited liability company,
by one of its managers; if by a partnership, by one of
the partners; and if by an unincorporated association
or club, by the manager or managing officer thereof.
If the applicant is a partnership, the application and
license shall be made and issued in the name of all
partners, but the application may be signed by one
partner.
Subd. 8 False Statements In Application. No
person shall make any material false statement in any
written application, and in addition to all other
penalties, his or her license shall be revoked or
denied by the City Council for a violation of this
section after notice to the licensee or applicant and
hearing, and an opportunity of the licensee or
applicant to be heard.
Subd. 9 Licensing of Corporations.
(a) A license may be granted to any corporation
authorized to do business in the state of
Minnesota, provided that the manager of the
premises operated by such corporation is a
resident of the State of Minnesota or
resides within seventy-five (75) miles of
Circle Pines City Hall. All stockholders
who hold ten percent (10%) or more of the
stock of the corporation, directors,
officers or managers must qualify under the
terms of this chapter in the same manner as
required of individual applicants for such
licenses. Whenever a corporation applies
for a license, such application shall also
state whether said corporation is a
subsidiary of any other corporation, in
which event the application shall state full
particulars of such parent corporation or
holding company, including name, business
address, state of incorporation, and names
of stockholders who hold ten percent (10%)
or more of the stock of the corporation,
directors anc! officers thereof. When such
application is received, it shall be
investigated and processed in the same
manner as is provided for individual
applicants under the terms of this chapter,
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and the stockholders who hold ten percent
(10%) or more of the stock of the
corporation, directors, officers and
managers of such corporation shall be
investigated and reported upon by the police
license inspector. Whenever the record of
equitable ownership of stock of any such
corporation is transferred, sold, pledged or
otherwise assigned to new or different
stockholders or whenever new or different
directors, officers or managers are elected
or appointed by any corporation holding a
license as herein defined, such changes
shall require the filing of an application
for license in the manner provided by this
chapter, except this provision shall not
apply where the corporation's stock is
publicly traded on a stock exchange.
(b) Failure to report any changes in
stockholders, officers or managers shall be
grounds for the revocation of all licenses
held by the corporation. Every corporation
licensed under the provisions of this
section shall adopt and maintain in its
bylaws a provision that no transfer of stock
is valid or effective unless approved by the
City Council and shall require that all of
its certificates of stock shall have printed
on the face thereof: The transfer of this
stock certificate is invalid unless approved
by the City Council of Circle Pines,
Minnesota, and failure to comply with this
provision shall be grounds for the
revocation of all licenses held by the
corporation. The provisions of this section
shall not apply to the issuance of any
license to a corporation whose stock is
traded on a public stock exchange.
Subd. 10 Renewal Application Form. In the case
of renewal of an existing license, application may be
made in such abbreviated form as the City may approve.
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400.05 PaYment of License Fees.
Subd. 1 Payment. The annual license fee for a
new license shall be paid in full, prior to the
application for such license. For the renewal of an
existing license, the annual license fee shall be paid
in full at least sixty (60) days prior to the
expiration of the existing license, exc~pt that for
any license granted prior to the effective date of
this ordinance, one-half (1/2) of the license fee
shall be paid at least sixty (60) days prior to the
expiration of the existing license and the other half
(1/2) on or before June 1st of that year for which the
license was issued. All fees shall be paid into the
general fund. If any Application for a license is
rejected, the Treasurer shall refund any amounts paid,
unless the rej ection is due, all or in part, to a
willful misstatement in the license application.
Subd. 2 Term. Pro Rata Fee. Each license shall
be issued for a period of one year, except that if the
application is made during the license year, a license
may be issued for the remainder of the year for a pro
rata fee, with any unexpired fraction of a month being
counted as one month. Every license shall expire on
the last day of December. .
400.06 Granting of Licenses.
Subd. 1 Investigation and Issuance. The Council
shall investigate all facts set out in the application
and may require any information from an applicant it
deems relevant in connection with the application.
Opportunity shall be given to any person to be heard
for or against the granting of the license.
Subd. 2 Investigation Fee. All on-sale and off-
sale applicants pay an investigation filing fee in the
sum of one thousand dollars ($1,000.00). Five hundred
dollars ($500.00) of the investigation filing fee
shall not be subject to refund. Any remaining amount
of the investigation filing fee shall be returned to
the applicant if not used during the investigation
process. If the expenses of the investigation
relating to any application exceed the investigation
filing fee of one thousand dollars ($1,000.00), the
City shall notify the applicant of this fact and shall
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require the applicant to pay an additional
investigation fee which the City Administrator deems
necessary to complete its investigation of the
applicant. The applicant shall pay such an additional
investigation fee within five (5) days of being so
notified. If such additional investigation fee is not
paid within such 5-day period, the City shal.l
discontinue consideration of the application.
Subd. 3 Council Discretion. After the
investigation and hearing, the Council shall, in its
discretion, grant or refuse the application. No off-
sale license shall become effective until it, together
with the security furnished by the applicant, has been
-approved by the COIl1l\1Tssioner of Public Safety.
Subd. 4 Person and Premises Licensed: Transfer.
Each license shall be issued only to the applicant and
for the premises described in the application. No
license may be transferred to another person or place
without Council approval. Any transfer of stock of a
corporation licensee is deemed a transfer of the
license, and a transfer of stock without prior Council
approval is a ground for revocation of the license.
400.07 Insurance Required. At the time of filing any
application for any type of liquor license, the applicant
shall file with the City, a liability insurance policy, or
other evidence of financial responsibility, which fully
satisfies all of the requirements of Minnesota Statutes,
Section 340A.409. Such insurance shall be provided by an
insurer authorized to do business in the State of
Minnesota.
400.08 Places Ineligible for License.
Subd. 1 Owners. No license shall be issued for
the premises owned by a person to whom a license may
not be granted under this Section. This subdivision
does not prevent the granting of a license to a proper
lessee because the person has leased the premises of a
minor, a non-citizen who is not a resident alien, or a
person who has been convicted of a crime other than a
violation of Minn. Stat. Chap. 340A.
Subd. 2 Delinquent Taxes and Charges. No
license shall be granted for operating on any premises
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on which
financial
delinquent
taxes, assessments,
claims of the City,
and unpaid.
utili ties,
County or
or other
State are
Subd. 3 Distance from School or Church. No
license shall be granted to any business establishment
located wi thin 300 feet ?f any school or church. In
applying this restriction, the distance shall be
measured in a straight line from the main pUblic
entrance of the business establishment to be licensed
to the main public' entrance of the school or church
building.
for
law.
Subd. 4 State Law.
any place ineligible
No license shall be granted
for a license under State
400.09 Conditions of License.
Subd. 1 In General. Every license is subject to
the conditions in the following subdivisions and all
other provisions of this section and of any other
applicable ordinance, state law or regulation.
Subd. 2 Posting of License.
be posted in a conspicuous place
establishment at all times.
The license shall
in the licensed
Subd. 3 Area of License.
effective beyond the area named
which it was granted.
No license shall be
in the license for
Subd. 4 Posting of Signs to. Warn Pregnant Women
of the Effects of Alcohol Consumption.
(a) All licensees shall post in a conspicuous
place upon the premises in position so as to
be seen by the highest number of patrons a
sign warning of the dangers of alcohol
consumption during pregnancy. All licensees
shall also post a sign warning of the dangers
of alcohol consumption during pregnancy in
each restroom in the premises. They shall be
posted in a conspicuous place within the
restroom so as to be seen by the highest
possible number of patrons.
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(b) Signs to be placed in the business premises
shall measure approximately seven (7) inches
by four (4) inches. The sign to be placed in
the restrooms shall measure approximately
four (4) inches by three (3) inches and be
sui table for placement on a mirror. The
seven (7) inch by four (4) inch sign shall
read Warninq, drinking alcohol while
pregnant may cause your baby permanent brain
damaqe and other birth defects and contain a
picture symbol reasonably designed to
communicate this message. The four (4) inch
by three (3) inch restroom sign shall read
as the seven (7) inch by four (4) inch sign
and contain--a picture symbol reasonably
designed to communicate this message.
Subd. 5 Illegal Sales. No intoxicating liquor
shall be sold or furnished, or delivered to any
intoxicated person or to any person to whom sale is
prohibited by state law.
Subd. 6 Employment of Minors.
or sell intoxicating liquor in an
establishment.
No minor may serve
intoxicating liquor
Subd. 7 Licensee's Responsibility. Every
licensee is responsible for the conduct of his or her
place of business and the conditions of sobriety and
order in it. The act of any employee on the licensed
premises authorized to sell intoxicating liquor is
deemed. the act of the licensee as well, and the
licensee shall be liable for all penalties provided by
this Section and state law, equally with the employee.
Subd. 8 Additional Conditions of On-Sale
Licenses and the Operation of Licensed Premises. The
following acts or conduct on licensed premises are
deemed and decreed to be contrary to the furtherance
of the substantial goals of public health, safety, and
welfare of the City and its citizens and, therefore,
no on-sale license shall be operated, maintained or
allowed at, in or on any premises where such acts or
conduct are permitted or tolerated. No licensee shall
employ, permit or encourage any person in or on any
such licensed premises in or under any of the
following circumstances:
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(a) while such person is unclothed or in such attire,
costume or clothing as to expose any portion of the
female breast below the top of the areola, or any
portion of the pubic ~air, anus, cleft of the buttock,
vulva or genitals; or
(b) ~hile such person encourages or permits the wear
or use of any device or covering exposed to view which
resembles or simulates the breast, genitals, anus or
other portion of the body above mentioned; or
(c) while such person permits or encourages any person
to perform or simulate the performance of sexual
intercourse, sodomy, oral copulation, flagellation,
masturbation, bestiality or acts prohibited by law; or
(d) while such person encourages or permits any person
to use artificial devices or inanimate objects to
depict any of the prohibited activities herein
described; or
(e) while such person encourages or permits any person
on the licensed premises to touch, caress or fondle
the covered or uncovered breasts, buttocks, anus or
genitals of any other person; or
(f) while such employee or person encourages or
permits any of the behavior, conditions or acts
hereinabove set forth by any other person or persons.
Whenever the term "person" is used in this subdivision, it
shall include but not be limited to, any licensee, host,
hostess, other employer or employee, independent
contractor, customer, spectator or any other person. All
provisions of this subdivision shall apply equally to both
sexes.
Subd. 9. Selling to, Permitting Presence of
Intoxicated Persons. No person shall sell or serve
any intoxicating liquor to any intoxicated person, nor
permit any intoxicated person to remain on the
licensed premises.
Subd. 10 Inspections. Every licensee shall allow
any peace officer, health officer, or properly
designated officer or employee of the City to enter,
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inspect and search the premises of the licensee during
business hours without a warrant.
Subd. 11 Compliance with State Laws. No license
shall be issued in violation of any of the laws of the
State of Minnesota, and any violation of any law of
the State of Minnesota relating to the sale and
distribution of liquor shall be considered a violation
of this code.
400.10 Suspension and Revocation. The Council may either
suspend for not to exceed 60 days or revoke any liquor
license, or impose a civil fine not to exceed $2,000 for
e~~h violation, upon a finding that. the licensee has failed
to comply with any applicable statute, regulation or
provision of this Code relating to alcoholic beverages, or
becomes ineligible for a license pursuant to any provision
of this Code or state law. No suspension or revocation
shall take effect until the licensee has been afforded an
opportunity for a hearing before the Council pursuant to
sections 14.57 through 14.69 of the State's Administrative
Procedure Act. This section does not require the City to
conduct the hearing before an employee of the Office of
Administrative Hearings.
SECTION 405 ~ LICENSING AND REGULATING THE SALE AND
CONSUMPTION OF NON-INTOXICATING MALT LIQUOR
405.01 Provisions of State Law Adopted. Except where this
Section contains a different provision, the provisions of
Minn Stat., Chap. .340A, relating to the definition of
terms, licensing, consumption, sales, conditions of bonds
of licenses, hours of sale, and all other matters
pertaining to the retail sale, distribution, and
consumption of non-intoxicating liquor are adopted and made
a part of this Section as if set out in full.
405.02 License Required.
Subd. 1 Licenses. No person, except wholesalers
and manufacturers to the extent authorized by law,
shall deal in or dispose of by gift, sale or
otherwise, or keep or offer for sale, any non-
intoxicating malt liquor within the City without first
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having received a license as hereinafter provided.
Licenses shall be of three kinds:
(a) Regular on-sale
(b) Temporary on-sale
(c) Off-sale
Subd. 2 Regular On-sale. Regular on-sale
licenses shall be g~anted only to clubs, general food
stores, exclusive on-sale liquor stores, restaurants
and hotels where food is prepared and served for
consumption on the premises. On-sale licenses shall
permit the sale of non-intoxicating malt liquor for
consumption on the premises only.
Subd. 3 Temporary On-sale. Temporary on-sale
licenses shall be granted only to bona fide clubs and
charitable, religious, and non-profit organizations
for the sale of non-intoxicating malt liquor for
consumption on the premises only.
Subd. 4 Off-sale. Off-sale
permit the sale of non-intoxicating
retail, in the original package for
the premises only.
licenses shall
malt liquor at
consumption off
405.03 License Applications.
Subd. 1 Form. Every application for a license
to sell non-intoxicating malt liquor shall be made to
the City Administrator on a form supplied by the City
and containing such information as the City
Administrator or the Council may require. It shall be
unlawful to make any false statement in an
application.
Subd. 2 Financial Responsibility. Prior to the
issuance of a non-intoxicating malt liquor license,
the applicant shall demonstrate proof of financial
responsibility as defined in Minn. Stat. uS 34DA.409,
wi th reference to liabili ty under Minn. Stat.
s340A.801. Such proof of financial responsibility
shall be filed with the Commissioner of Public Safety.
Any liability insurance policy filed as proof of
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financial responsibility under this subdivision shall
conform to Minn. Stat. S 340A.409.
405.04 License Fees.
Subd. 1 Payment Required. Each application for
. a license shall be accompanied by q receipt from the
City Treasurer for payment in full of the required fee
for the license. All fees shall be paid into the
general fund of the City. Upon rej ection of any
application for a license, the treasurer shall refund
the amount paid, unless the rejection is due, in whole
or in part, to a willful misstatement in the license
application.
Subd. 2 Expiration; Pro Rata Fees. Every
license except a temporary license shall expire on the
last day of December in each year. Each license
except a temporary license shall be issued for a
period of one year, except that if a portion of the
license year has elapsed when the license is granted,
the license shall be issued for the remainder of the
year for a pro rata fee. In computing such fee, any
unexpired fraction of a month shall be counted as one
month. A temporary license shall be issued for a
specific period in which a special event to which the
sale is incident is being held and such period shall
be stated on the license.
Subd. 3 Refunds. No part of the fee paid for
any license issued under this Section shall be
refunded except in the following instances upon
application to the council within 30 days from the
happening of the event. There shall be refunded a
pro rata portion of the fee for the unexpired period
of the license, computed on a monthly basis, when
operation of the licensed business ceases not less
than one month before expiration of the license
because of:
(a) Destruction or damage of the licensed
premises by fire or other catastrophe, resulting
in cessation of the operation of the business.
(b) The licensee's death.
(c) The business ceases to be lawful for a
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reason other than license revocation.
405.05 Granting of License.
Subd. 1 Investigation and Hearing. The Council
shall investigate all facts set out in the
application. Opportunity shall be given to any person
to be heard for or against the granting of the
license. After such investigation and hearing, the
Council shall grant or refuse the application in its
discretion.
Subd. 2 Transfers. Each license shall be issued
to the applicant only and shall not be transferable to
another holder. Each license shall be issued only for
the premises described in the application. No license
may be transferred to another place without the
approval of the Council.
405.06 Persons Ineligible for License.
be granted to or held by any person
license pursuant to State law.
No license shall
ineligible for a
405.07 Places Ineligible for License.
Subd. 1 Conviction or Revocation. No license shall
be granted for sale on any premises where a licensee has
been convicted of the violation of this Section, or of the
state beer or liquor law, or where any license hereunder
has been revoked for cause until one year has elapsed after
such conviction or revocation.
Subd. 2 Distance from Schools and Churches. No
license shall be granted any business establishment located
within 300 feet of any public school or church. In
applying this restriction, the distance shall be measured
in a straight line from the main public entrance of the
business establishment to the be licensed to the main
public entrance of the school or church building.
Subd. 3 Delinquent Taxes and Charqes. No license
shall be granted for operation on any premises on which
taxes, assessments, utilities, or other financial claims of
the City are delinquent and unpaid.
Subd. 4 State Law.
license under State Law.
Any place ineligible for a
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405.08 Conditions of License.
Subd..1 General Conditions. Every license shall be
granted subj ect to the conditions in the following
subdivisions and all other provisions of this section and
of any other applicable ordinance of the City or State Law.
Subd.
shall be
business
order.
2 Licensee Responsibility.
responsible for the conduct of
and shall maintain conditions
Every licensee
his/her place of
of sobriety and
Subd. 3 Additional Conditions of On-Sale Licenses and
the Operation of Licensed Premises. The fOllowing acts or
conduct on licensed premises are deemed to be contrary to
the furtherance of the substantial goals of public health,
safety and welfare of the City and its citizens and,
therefore, no on-sale license shall be operated, maintained
or allowed at, in or on any premises where such acts or
conduct are permitted or tolerated. No licensee shall
employ, permit or encourage any person in or on any such
licensed premises in or under any of the following
circumstances:
(a) while such person is unclothed or in such attire,
costume or clothing as to expose any portion of the
female breast below the top of the areola, or any portion
of the public hair, anus, cleft of the buttock, vulva or
genitals; or
(b) while such person encourages or permits the wear or
use of any device or covering exposed to view which
resembles or simulates the breast, genitals, anus or
other portion of the body above mentioned; or
(c) while such person permits or encourages any person
to perform or simulate the performance sexual
intercourse, sodomy, oral copulation, flagellation,
masturbation, bestiality or acts prohibited by law; or
(d) while such person encourages or permits any person
to use artificial devices or inanimate objects to depict
any of the prohibited activities herein described; or
(e) while such person encourages or permits any person
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on the licensed premises to touch, caress or fondle the
covered or uncovered breasts, buttocks, anus or genitals
of any other person; or
(f) while such employee or person encourages or permits
any of the behavior, conditions or acts hereinabove set
forth by any other person pr persons.
Whenever the term ~person" is used in this subdivision, it
shall include but not be limited to, any licensee, host,
hostess, other employer or employee, independent
contractor, customer, spectator or any other person. All
provisions of this subdivision shall apply equally to both
sexes.
405.09 Suspension and Revocation. The Council may either
suspend for not to exceed 60 days or revoke any non-
intoxicating liquor license, or impose a civil fine not to
exceed $2,000 for each violation, upon a finding that the
licensee has failed to comply with any applicable statute,
regulation, or section relating to non-intoxicating liquor.
405.10 No Suspension or Revocation Shall Take Effect Until
License Has Been Afforded An Opportunity for a Hearing. No
suspension or revocation shall take effect until
the licensee has been afforded an opportunity for a hearing
before the Council pursuant to sections 14.57 through 14.69
of the State's administrative procedure act.
SECTION 406 LICENSING AND REGULATING
THE SALE AND CONSUMPTION OF WINE
406.01 Provisions of State Law Adopted. Except where this
Section contains a more restrictive provision, the
provisions of Minn. Stat., Chap. 340A, relating to the
definition of terms, licensing, consumption, sales, hours
of sale, and all other matters pertaining to the retail
sale, distribution, and consumption of wine are adopted and
made a part of this Section as if set out in full.
406.02 License Required.
Subd. 1 Licenses. No person, except wholesalers or
manufacturers to the extent authorized by law, shall deal
in or dispose of by gift, sale or otherwise, or keep or
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offer for sale, any wine within the City without
validly issued by the City for the on-sale
Licenses shall permit only the sale of wine not
14 percent alcohol by volume, in conjunction
consumption of food.
a license
of wine.
exceeding
with the
Subd. 2 On-sale. On-sale wine licenses shall be
granted only to restaurants where food is prepared and
served for consumption on the premises. On-sale licenses
shall permit the sale of wine for consumption on the
premises only, and only when food is also purchased and
consumed on the premises.
406.03 Lioense Applioations.
Subd. 1 Form. Every application for a license to
sell wine shall be made to the City Administrator on a form
supplied by the City and containing such information as the
City Administrator or the Council may require. It shall be
unlawful to make any false statement in any application.
Subd. 2 Financial Responsibility. Prior to the
issuance of a wine license, the applicant shall demonstrate
proof of financial responsibility as defined in Minn. Stat.
S:340A.409, with reference to liability under Minn. Stat.
S:340A.801. The City shall file the proof of financial
responsibili ty wi th the State Commissioner of Public
Safety. Any liability insurance policy filed as proof of
financial responsibility under this subdivision shall
conform to Minn. Stat. ~340A.409.
406.04 Lioense Fees.
Subd. 1 Payment Required. Each application for a
license shall be accompanied by a receipt from the City for
payment in full of the fee for the license in the amount
set forth in Section 350 of this Code. All fees shall be
paid into the general fund of the City. Upon rejection of
any application for a license, the City shall refund the
amount paid, unless the rejection is due, in whole or in
part, to a willful misstatement in the license application.
Subd. 2 Expiration; Pro Rata Fees. Every license
except a temporary license shall expire on the last day of
December in each year. Each license shall be issued for a
period of one year, except that if a portion of the license
year has elapsed when the license is granted, the license
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shall be issued for the remainder of the year for a pro
rata fee. In computing such fee, any unexpired fraction of
a month shall be counted as one month.
Subd. 3 Refunds. No part of the fee paid for any
license issued under this Section shall be refunded except
in the .following instances upon application to the Council
within 30 days from the happening of the' event. There
shall be refunded a pro rata portion of the fee for the
unexpired period. of the license, computed on a monthly
basis, when operation of the licensed business ceases not
less than one month before expiration of the license
because of:
(a) Destruction or damage of the licensed
premises by fire or other catastrophe,
resulting in cessation of the operation
of the business;
(b) The licensee's death; or
(c) The business ceases to be lawful for a
reason other than license revocation.
406.05 Granting of License.
Subd. 1. Investigation and Hearing. The Council
shall investigate all facts set out in the application.
Opportunity shall be given to any person to be heard for or
against the granting of the license. After such
investigation and hearing, the Council shall grant or
refuse the application on its discretion. No wine license
shall become effective until the license has been approved
by the State Commissioner of Public Safety.
Subd. 2 Transfers. Each license shall be issued to
the applicant only and shall not be transferable to another
holder. Each license shall be issued only for the premises
described in the application. No license may be
transferred to another place or person without the approval
of the Council. If the licensee is a corporation,
partnership, or limited liability company, any transfer of
any stock of the corporation or an interest in the
partnership or limited liability company is deemed a
transfer of the license.
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406.06 Persons Ine~igib~e for License.
be granted to or held by any person
license pursuant to State law.
Ne license shall
ineligible fer a
406.07 P~aces Ine~igib~e for License.
Subd. 1 State Law. No" wine license shall be issued
for any restaurant ineligible for such a license under
State law.
Subd. 2 Distance from Schools and Churches. No
license shall be granted to any business establishment
located within 300 feet of any public school or church. In
applying this restrictien, the distance shall be measured
in a straight line frem the main public entrance .of the
business establishment te be licensed to the main public
entrance .of the schoel or church building.
Subd. 3 Delinquent Taxes and Charqes. Ne license
shall be granted fer operatien on any premises en which
taxes, assessments, utilities, .or ether financial claims .of
the City are delinquent and unpaid.
406.08 Conditions of License
Subd. 1 General Conditions. Every license shall be
granted subject te the cenditions in the fellewing
subdivisiens and all other previsiens .of this Section and
.of any other applicable ordinance, law, or regulatien.
Subd.
shall be
business
.order.
Subd. 3 Inspectiens. Every licensee shall allow any
peace .officer, health .officer, or preperty designated
.officer .or emplayee of the City to enter, inspect, and
search the premises .of the licensee during business hours
witheut a warrant.
2 Licensee Respensibility.
respensible fer the cenduct of
and shall maintain conditions
Every licensee
his /her place .of
.of sobriety and
Subd. 4 Additional Cenditions .of On-Sale Licenses and
the Operatien of Licensed Premises. The follewing acts .or
cenduct en licensed premises are deemed and decreed te the
centrary ta the furtherance .of the substantial goals .of
public health, safety and welfare of the City and its
citizens and, therefere, ne on-sale license shall be
.operated, maintained or allewedat, in or en any premises
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where such acts or conduct are permitted or tolerated. No
licensee shall employ, permit or encourage any person in or
on any such licensed premises in or under any of the
following circumstances:
(a) while such person is unclothed or in
costume or clothing. as to expose any
female breast below the top of the
portion of the pubic hair, anus, cleft
vulva or genitals; or
such attire,
portion of the
areola, or any
of the buttock,
(b) while such person encourages or permits the wear or
use of any device or covering exposed to view which
resembles or simulates the breast, genitals, anus or
other portion of the body above mentioned; or
(c) while such person permits or encourages any person
to perform or simulate the performance of sexual
intercourse, sodomy, oral copulation, flagellation,
masturbation, bestiality or acts prohibited by law; or
(d) while such person encourages or permits any person
to use artificial devices or inanimate objects to depict
any of the prohibited activities herein described; or
(e) while such person encourages or permits any person
on the licensed premises to touch, caress or fondle the
covered or uncovered breasts, buttocks, anus or genitals
of any other person; or
(f) while such employee or person encourages or permits
any of the behavior, conditions or acts hereinabove set
forth by any other person or persons.
Whenever the term "person" is used in this subdivision,
it shall include but not be limited to, any licensee,
host, hostess, other employer or employee, independent
contractor, customer, spectator or any other person.
All provisions of this subdivision shall apply equally
to both sexes.
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406.09 On-sale of Intoxicating Malt Liquor.
Subd. 1 Sale Permitted. The holder of an on-sale
wine license pursuant to this Section 406, which also holds
an on-sale non-intoxicating malt liquor ordinance pursuant
to Section 405, may sell intoxicating malt liquor at on-
sale without an additional lic;ense if the licensee meets
the requirements of Subd. 2.
Subd. 2 Affidavit Required. The licensee's gross
receipts from the licensed premises must be at least 60
percent attributable to the sale of food. This requirement
shall be established by an affidavit of the licensee, on a
form provided by the City, given with each application for
issuance or renewal of an on-sale wine license. In
addition, the licensee shall give such an affidavit at such
other times as the City may request. Also, the City, at
any time and from time to time, may require that any such
affidavit be verified and confirmed, on a form provided by
the City, by a certified public accountant. Failure or
refusal of a licensee to give such an affidavit, or any
false statement in any such affidavit, shall be grounds for
denial, suspension or revocation of all licenses- held by
such licensee for the on-sale of non-intoxicating malt
liquor or the on-sale of wine.
406.10 Suspension and Revocation. The Council may either
suspend for not to exceed 60 days or revoke any wine
license, or impose a civil fine not to exceed $2,000 for
each violation, upon a finding that the licensee has failed
to comply with any applicable statute, regulation, or
ordinance relating to wine or non-intoxicating malt liquor.
No suspension or revocation shall take effect until the
licensee has been afforded an opportunity for a hearing
before the Council pursuant to Sections 14.57 through 14.69
of the State's Administrative Procedure Act.
SECTION 410 - REGULATING AND CONTROLLING LICENSING
OF PRIVATE CLUBS
410.01 Definitions. Unless the context - indicates
otherwise, the following terms have the meanings stated:
Subd. 1
club, bottle
Private Clubs. Any person, corporation key
club, locker club, pool club, or any other
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kind of club or association, excluding the general public
from its premises or place of meeting or congregating or
operating or exercising control over any other place where
persons are permitted to drink alcoholic beverages other
than in a private home.
Subd. 2. Stockholders. Those stockholders who
receive, or whose rights as a stockholder are ordinarily
intended to cause him/her to receive, a financial return on
his/her stock.
410.02 Classification. For the purpose of
regulation, private clubs shall be divided
classes:
license and
into three
Subd. 1 Class A Private Clubs. This shall include
those clubs, associations or corporations, falling within
the general term private club as above defined, which are
charitable, educational, eleemosynary, recreational, and
which are not operated for profit, and which hold and
maintain an income tax exempt status under the regulations
and rulings of the Internal Revenue Service of the United
States.
Subd. 2 Class B Private Clubs. This shall include
restaurants open to the general public but maintaining a
private room opening into the restaurant, which private
room is used as a private club as defined herein. No food
may be served in said private room nor dancing permitted in
said private room or in the adjacent restaurant.
Subd. 3 Class C Private License. This shall include
any other private club as defined herein.
410.03 License Required. It shall be unlawful for any
person to maintain or operate any private club after the
enactment. of this article without first paying in advance
to the City Administrator the license fee prescribed in
section 350 and making application for a license on forms
provided by the City Administrator, and receiving a license
from the City Administrator.
410.04 Articles of Incorporation. Any applicant for a
license for a private club shall file with the City
Administrator true copies in duplicate of the articles of
incorporation and bylaws, if the applicant is a
corporation; true copies of any articles of association and
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bylaws, if the applicant
the officer, directors,
and stockholders.
is an association; and
owners and managers of
a list of
said club
410.05 Change of Officers. If changes occur in the
aforesaid officers, directors, stockholders, owners or
managers of any pr;i.vq.te club after filing of their names
with the City Administrator at any time during the year;
said applicant shall furnish such changes in writing in
duplicate on the forms provided by said City Administrator
within one week after their occurrence.
410.06 Investigations. The City Administrator shall
forward one copy of said list of officers, directors,
stockholders, owners and managers to the chief of police,
who shall cause a check to be made of any criminal record
of any of the persons named therein and report a
written finding to the City Administrator.
410.07 Requirements for Band C Licenses. Applicants for
Class B or Class C licenses shall be either corporations or
associations incorporated in this state with written
articles of association and bylaws. Said articles or
bylaws shall provide for regular election of officers or
directors.
410.08 Qualifications of Officers. No person shall be
eligible for election, or to serve or act, in any private
club subject to this article, as an officer, director,
stockholder, owner or manager, or to direct any policy
thereof who has been convicted of any felony or of
violating any of the gambling or prohibitory liquor laws of
the State or any other 'state, or the United States,
including those heretofore in effect; or who has been
convicted of violation of any of the gambling or
prohibi tory liquor ordinances of any city in the State.
Provided, that any person who held such a position in any
private club licensed under this article and operating on
December 2, 1975, shall not be subject to this Section as
to the position he/she held at such time.
410.09 Compliance With Statutes. It shall be unlawful for
any private club or any officer, director, stockholder,
owner or manager thereof licensed pursuant to the
provisions of this article to violate any of the provisions
of the state alcoholic beverages law or any of the gambling
laws of the state, or knowingly permit the violation
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thereof on any premises subj ect to the control of said
private club.
410.10 Locat~on Restr~ctions. No private club as defined
herein shall be licensed to operate within three hundred
feet (300') of any church or school property measured from
the nearest point of such church or school land, on which
there is located a church building or school building in
normal use for such purposes, to the nearest point of the
proposed private club building, in the normal and usual
course of travel. Provided that the limitations of this
section shall not apply to a private club which was in
operation on December 2, 1975 even though. it be; nearer a
church or school property than three hundred feet (300').
410.11 Premises: Lease or Rental Payments. No private
club licensed pursuant to the provisions of this article
shall have or make any rental or lease agreement with any
other person providing for any rentals based upon
percentage of profit of the private club, but any rentals
paid or to be paid shall be on a fixed basis without
relation to any income, volume or profit of said private
club.
410.12 Entry and Inspection Powers. The right of entry
and inspection of any premises subj ect to the control of
any private club by any officer or agent of any department
of the City charged with the enforcement of the provisions
of this Code shall be a condition on which every license
shall be issued, and the application for, and the
acceptance of any license shall conclusively be deemed to
be consent of the applicant and licensee to such entry and
inspection.
410.13 Membership Requirements. Membership in any private
club subject to this article sh~ll be regulated by articles
or bylaws. Upon election to membership in any private
club, a membership card shall be issued to the member and
his/her name enrolled on a list of members, which shall be
kept on the premises of every private club and be subject
to inspection at all times. Said list of members shall
show the full name of the member, his Iher address and the
dates of his/her application for membership and election to
membership. The bylaws or articles may provide for
temporary membership for non-residents of the City
temporarily present in the City, as members of another
organization holding a meeting in the City. Said temporary
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membership shall extend to all members of the organization
affected. Said temporary membership shall be effected by
notice in writing to the presiding officer of the
organization meeting in the City, limiting the time of
temporary membership to the time the organization shall
meet in the City. A copy of said notice shall be filed
with the City Administrator. Any. convention badge or
identification of membership in the visiting organization
selected by the private club shall serve as the temporary
membership card.
410.14 Minors. It shall be unlawful to permit any person
under the age of eighteen years in or on that part of the
premises subject to the control of any private club where
persons are permitted to drink -alcoholic beverages, unless
accompanied by and in custody of one of his/her parents or
guardian.
410.15 Branch Locations: License. A separate license
must be obtained for each branch established or separate
place operated by any private club, and each license shall
authorize the operation of a private club only at the
location described in such license and in conformity with
this Code or. the laws of the state and of the United
States, and no license shall be transferable to another
person, firm, association or corporation or to any other
location.
410.16
license
exhibit
licensed
applying
posting of License. Every private club having a
under the provision of this article shall place and
it in some conspicuous place in the premises
and shall produce or exhibit the same when
for a renewal.
410.17 Hours of Operation. No private club shall consume
or display, or allow consumption or display of intoxicating
liquor on any premises or a private club between the hours
of one a.m. and eight a.m.; or between the hours of one
a.m. and three p.m. on Memorial Day, or between the hours
of one a.m. and eight p.m. on any primary, special, or
general election day held in the district in which the
private club is located.
410.18 Closing Hours.
under the provisions of
closed, permitting no
Every private club having a license
this article shall close and remain
members or employees other than
~Chapler 4
29
..
.~
.
cleanup personnel to remain on the premises of the club
after two a.m. of each day.
410.19 Issuance of License. The City Administrator shall
cause the chief of police, building official, fire marshal
and the health officer to make an investigation of the
application and upon being notified by them thqt all of the
applicable ordinances of the City have been complied with,
shall issue the license.
410.20 Insurance. No license shall be issued until the
applicant has placed on file with the City Administrator a
certificate or certificates of insurance indicating that
there is in effect public liability insurance covering any
damages arising out of the use and operation of any and all
devices and facilities operated in connection with the
applicant's business. Such insurance shall be in the
minimum amount of $100,000 for each person, and $300,000
for each accident.
Chapter 4"
30
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, /It(" tJ G1&t'C/
~!3'-~~----- --
CHAPTER 5
Section 5.01
5.02
5.03
5.04
5.05
5.06
5.07
5.08
5.09
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.18-5.29
5.17
5.30
5.31
5.32
5.33
5.34
5.35-5.49
5.50
5.51
5.52
5.53
5.54-5.59
BEER, WINE AND LIQUOR LICENSING
AND REGULATION
Definitions
Applications and Licenses Under This
Chapter - Procedure and Administration
Renewal of Licenses
Delinquent Taxes and Charges
Limitation on Ownership
Conditional License
Premises Licensed
Unlawful Acts
Conduct on Licensed Premises
Sale by Employee
License Condition and Unlawful Act
Insurance Certificate Requirements
Financial Responsibility of Licensees
Minors as Defined in Section 5.01 _
Unlawful Acts
Gambling Prohibited
Consumption and PossesSion of
Alcoholic Beverages on Streets,
Public Property, and Private Parking
Lots to Which the Public has Access
/
Alcoholic Beverages in Certain Buildings
and Grounds
Reserved
--
Beer License Required
Beer License Fees
Temporary Beer License
Hours and Days of Beer Sales
Beer License Restrictions, Regulations
and Unlawful Acts
Reserved
Liquor License Required
Liquor License Fee
Temporary Liquor License
Hours and Days of Liquor Sales
Reserved
49
49
50
50
50
51
51
52
53
53
53
54
54
39
39
41
46
46
46
46
46
46
47
47
47
47
47
48
49
7
49
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.,
CHAPTER 5
BEER, WINE AND LIQUOR
LICENSING AND REGULATION
SECTION 5.01. DEFINITIONS. As used in this Chapter,
unless otherwise stated in specific sections, the following
words and terms shall have the meanings stated,
1. "Alcoholic Beverage" means any beverage
containing more than one-half of one percent alcohol by
volume, including, but not limited to, beer, wine and liquor
as defined in this section.
2. "Applican t" means any person
application for a license under this Chapter.
making
an
3. "Application" means a form with blanks or spaces
thereon, to be filled in and completed by the applicant as
his/her request for a license, furnished by the City and
uniformly required as a prerequisite to the consideration of
the issuance of a license for a business.
4. uBeeru means malt liquor containing not less than
one-half of one percent alcohol by volume nor more than 3.2
percent alcohol by weight. (This definition includes so-
called "malt coolers" with the alcoholic content limits
stated herein.)
sale.
5. "Brewer" means a person who manufactures beer for
6. "Clubl. means an incorporated organization
organized under the laws of the State for civic, fraternal,
social, or business purposes, for intellectual improvement,
or for the promotion of sports, or a congressionally
chartered veterans' organization, which: (1) has more than
fifty members; (2) has 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; (3) is
directed by a board of directors, executive committee. or
other similar body chosen by the members at a meeting held
for that purpose. No member, officer, agent, or employee
shall receive any profit from the distribution or sale of
beverages to the members of the club, or their guests, beyond
a reasonable salary or wages fixed and voted each year by the
governing body. Such club or congressionally chartered
veterans' organization must have been in existence for at
least three years.
"Commissioner" means the Minnesota Commissioner of
Public Safety.
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1, ,...
8. "License" means a docwnent, issued by the City, to an applicant permitting
him/her to carry on and transact the business stated therein.
9. "Licensee" means an applicant who, pursuant to hislher approved application,
holds a valid, current, unexpired license, which has neither been revoked nor is then
under suspension, from the City for carrying on the business stated therein.
10. "License Fee" means the money paid to the City pursuant to an application
and prior to issuance of a license to transact and carry on the business stated therein.
11. "Licensed Premises" means the premises described in the issued license.
12. "Liquor" means ethyl alcohol and distilled, fermented, spirituous, vinous and
malt beverages containing in excess of 3.2 percent of alcohol by weight. (This definition
includes so-called "wine coolers" and "malt coolers' with the alcoholic content limits
stated herein.)
13. "Malt Liquor" means any beer, ale, or other beverage made from malt by
fermentation and containing not less than one-half of one percent alcohol by volume.
14. "Manufacturer" means every person who, by any process of manufacture,
fermenting, brewing, distilling, refining, rectifYing, blending, or by the combination of
different materials, prepares or produces alcoholic beverages for sale.
15. "Minor" means any natural person who has not attained the age of twenty-
one (21) years.
16. "Off-Sale" means the sale of alcoholic beverages in original packages for
consumption off the licensed premises only.
17. "On-Sale" means the sale of alcoholic beverages for consumption on the
licensed premises only.
18. "Package" AND "Original Package" means any container or receptacle
holding alcoholic beverages, which container or receptacle is corked, capped or sealed by
a manufacturer or wholesaler.
19. "Sale", "Sell" and "Sold" mean all barters and all manners or means or
furnishing beer, wine or liquor to persons, including such furnishing in violation of law.
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Amended Section 5.01 Ord.#93-01 3--4-93
Publication: Circula1:ina Pines 4-8-93
..
20. "Wholesaler" means any person engaged in the
business of selling liquor, wine or beer to retail dealers.
21. "Restaurant" meaIls any establishment, other than
a hotel, under the control of a single proprietor or manager,
having appropriate facilities for the serving of means, and
where, in consideration of payment thereof, meals are
regularly served at tables to the general public, which
employs an adequate staff to provide the usual and sui table
service to its guests, and "'hich shall have seating
facilities for seating not less than eighty guests at one
time.
22. "Hotel" and "Motel" mean and include any
establishment having a resident proprietor or manager, "'here,
in consideration of payment therefor, food and lodging are
regularly furnished to transients, and which contains not
less than ten guest rooms with bedding and other suitable and
necessary furnishings in each room, and which is provided
with a suitable lobby, desk and office for the registration
of its guests at the main entrance and on the ground floor,
which employs an adequate staff to provide suitable and usual
service, and which maintains under the same management and
control as the rest of the establishment and has, as an
integral part thereof, a dining room with appropriate
facilities for seating not less than eighty guests at one
time, ",here the general public is, in consideration of
payment therefor, served with meals at tables.
23. "Beer store" means an establishment engaged in
the following types of business: restaurants, hotels, motels
or bona fide clubs (on-sale only), and as an incident thereto
may also sell cigars, cigarettes, ice, all forms of tobacco,
soft drinks at retail, and also selling beer on-sale or off-
sale.
24. "Wine" means a beverage made wi thout
rectification or fortification by the fermentation of sound
ripe grapes, grape juice, other fruits, or honey, and also
carbonated wine I wine made from condensed grape must, wine
made from other agricultural products, limitation wine,
compounds sold as wine, vermouth, cider, perry and sake,
containing not less than one-half of one percent nor more
than fourteen percent alcohol by volume. (This definition
includes so-called "",ine coolers" "'ith the alcoholic content
limits stated herein.)
SECTION 5.02. APPLICATIONS AND LICENSES UNDER THIS
CHAPTER - PROCEDURE AND ADMINISTRATION
Subd. 1. Appliea tion _ All appliea tions shall be
made at the office of the City Clerk upon forms prescribed by
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the City, or if by the State of Minnesota, then together with
such additional information as the Council may desire.
Information required may vary with the type of business
organization making application. All questions asked or
information required by the application forms shall be
answered fully and completely by the applicant.
Subd. 2. False Statements. It is unlawful for any
applicant to intentionally make a false statement or omission
upon any application form. Any false statement in such
application, or any willful omission to state any information
called for on such application form shall, upon discovery of
such falsehood, work an automatic refusal of license, or if
already issued, shall render any license issued pursuan t
thereto void and of no effect to protect the applicant from
prosecution for violation of this Chapter, or any part
thereof.
Subd. 3. Application and Investigation Fees. At the
time of the initial application, an applicant for an on-sale
liquor license shall pay to the City the sum of $25.00 an
applicant for a beer license, and an applicant for an on-sale
wine license shall pay to the City the sum of $25.00, which
fee shall be considered an application and investigation fee,
not refundable to applicant, to cover the costs of the City
in processing the application and the investigation thereof.
No such fee shall be required of an applicant for a temporary
beer license. Should the Councilor the Bureau of Criminal
Apprehension determine that a comprehensive background
investigation of the applicant for an on-sale liquor license
is necessary, then the applicant shall pay to the City an
investigation fee of $500.00 if the investigation is
conducted within the State or the actual cost of the
investigation not to exceed $10,000.00 if the investigation
is required outside the State.
Subd. 4. Action.
A. Gran tina. The Council may approve any
application for the peri~d of the remainder of the then
current license year or for the entire ensuing license year.
All applications including proposed license periods mus t be
consistent with this Chapter. Prior to consideration of any
application for a license, the applicant shall pay the
license fee, and if applicable, pay the investigation fee.
Upon rej ection of any application for a license, or upon
withdrawal of an application before approval of the issuance
by the Council, the license fee shall be refunded to the
applicant. Failure to pay any portion of a fee when due
shall be cause for revocation.
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J, T
B. Issuing. If an application is approved,
the City Clerk shall forthwith issue a license pursuant
thereto in the form prescribed by the City or the proper
agency of the State of Minnesota. aS,the case may be. All
licenses shall be on a fiscal year basis, July 1 to June 30.
For licenses issued and which are to become effective other
than on the first day of the licensed year, the fee to be
paid with the application shall be valid only at one location
and on the premises therein described.
C. Refundment. A pro-rata share of an annual
license fee for a license to sell liquor or beer, either on-
sale Or off-sale, may be refunded to the licensee, or to
his/her estate, if: (1) the business ceases to operate
because of destruction or damage; (2) the licensee dies; or
(3) the business ceases to be lawful for a reason other than
a license revocation or suspension.
D. Transfer. A license shall be transferable
between persons upon consent of the Council and payment of
the investigation fee. No license shall be transferable to a
different location without prior consent of the Council and
payment of the fee for a duplicate license. It is unlawful
to make any transfer in violation of this Subparagraph.
E. Refusal and Termination. The Council may,
in its sole discretion and for any reasonable cause, refuse
to grant any application. No license shall be granted to a
person of questionable moral character or business
reputation. Licenses shall terminate only by expiration or
revocation.
F. Revocation or Suspension. The Council
may, in its sole discre tion and for any reasonable cause,
revoke, or suspend for a period not to exceed sixty days, any
license granted under the provisions of this Chapter. The
Council shall revoke the license upon conviction of any
licensee or agent or employee of a licensee for violating any
law relating to the sale or possession of beer, wine or
liquor upon premises of the licensee, or if such revocation
is mandatory by Statute. If it shall b~ made to appear at
the hearing thereon that such violation was not willful, the
Council may order suspension; provided that revocation shall
be ordered upon the third such violation or offense. No
suspension or revocation shall take effect until the licensee
has been afforded an opportunity for a hearing before the
Council, a committee of the Council, or a hearing examiner,
as may be determined by the Council in action calling the
hearing. Such hearing shall be called by the Council upon
written notice to the licensee served in person or by
certified mail not less than fifteen nor more than thirty
days prior to the hearing date, stating the time, place and
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F
,
purpose thereof. As additional restrictions or regulations
on licensees under this Chapter. and in addition to grounds
for revocation or suspension stated. in the City Code or
Statute, the following shall also be grounds for such action:
(1) that the licensee suffered or permitted illegal acts
upon licensed premises unrelated to the sale of beer, wine or
liquor; (2) that the licensee had knowledge of such illegal
acts upon licensed premises, but failed to report the same to
the police; (3) that the licensee failed or refused to
cooperate fully with the police in investigating such alleged
illegal acts upon licensed premises; or, (4) that the
activities of the licensee created a serious danger to public
health, safety, or welfare.
G. Corporate Applicants and Licensees. A
corporate applicant, at the time of application, shall
furnish the City with a list of all persons that have an
interest in such corporation and the extent of such interest.
The list shall name all shareholders and show the number of
shares held by each, either individually or beneficially for
others. It is the duty of each corporate licensee to notify
the Clerk of any change in legal ownership, or beneficial
interest in such corporation or in such shares. Any change
in the ownership or beneficial interest in the share entitled
to be voted at a meeting of the shareholders of a corporate
licensee, which results in the change of voting control of
the corporation by the persons owning the share therein,
shall be deemed equivalent to a transfer of the license
issued to the corporation, and any such license shall be
revoked thirty days after any such change in ownership or
beneficial interest of shares unless the Council has been
notified of the change in wri ting and has approved it by
appropriate action. The Council, or any officer of the City
designated by it, may at any reasonable time examine the
stock transfer records and minute books of any corporate
licensee in order to verify and identify the shareholders,
and the Councilor its designated officer may examine the
business records of any other licensee to the extent
necessary to disclose the interest which persons other than
the licensee have in the licensed business. The Council may
revoke any license issued upon its determine that a change of
ownership of shares in a corporate licensee or any change of
ownership of any interest in the business of any other
licensee has actually resulted in the Change of control of
the licensed business so as materially to affect the
integrity and character of its management and its operation,
but no such action shall be taken until after a hearing by
the Council on notice to the licensee.
H. Public Interest: No license under this
Chapter may be issued, transferred, or renewed if the results
of any investigation show, to the satisfaction of the
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, ,
Council, that such issuance, transfer, or renewal would not
be in the pUblic interest.
Subd. 5. Duplicate Licenses. Duplicates of all
original licenses under this Chapter may be issued by the
Clerk ;rithout action by the Council, upon licensee's
affidavit that the original has been lost, and upon payment
of a fee of :;;2.00 for issuance of the duplicate. All
duplicate licenses shall be clearly marked DUPLICATE.
Subd. 6. Posting. All licenses shall conspicuously
post their licenses in their places of business.
Subd. 7. Resident Manager or Agent. Before a
license is issued under this Chapter to an individual who is
a non-resident of the City, to more than one individual
;rhether or not they are residents of the City, or to a
corpora tion, partnership, Or association, the applicant or
applicants shall appoint in ;rriting a natural person who is a
resident of the City as its manager or agent. Such resident
manager or agent shall, by the terms of hiS/her ;rritten
consent, (1) take full responsibility for the conduct of the
licensed premises, and, (2) serVe as agent for service of the
notices and other process relating to the license. Such
manager or agent must be a person ;rho, by reason of age,
character, reputation, and other attributes, could qualify
individually as a licensee. If such manager or agent ceaSes
to be a resident of the City or ceases to act in such
capacity for the licensee ;rithout appointment of a successor,
the license issued pursuant to such appoint shall be subject
to revocation or suspension.
Subd. 8. Persons Disqualified.
A. No license under this Chapter may be
issued to: (1) a person not a citizen of the United States
or a resident alien; (2) a person under twenty-one years of
age; (3) a person ;rho wi thin five years of the license
application has been convicted of a willful violation of the
Federal or State law, or local ordinance governing the
manufacture, sale, distribution, or possession for sale or
distribution, of alcoholic beverages; (4) a person who has
had an alcoholic beverage license reVOked wi thin five years
of the license application, or to any person who at the time
of the violation owns any interest, whether as a holder of
more than five percent of the capital stock of a corporate
licensee, as a partner or otherwise, in the premises or in
the bUSiness conducted thereon, or to a corporation,
partnership, association, enterprise, business, or firm in
which any such person is in any manner interested; or, (5) a
person not of good moral character and repute.
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B. No person holding a license from the
Commissioner as a manufacturer, brewer wholesaler may have
any ownership, in whole or in part, in a business holding an
alcoholic beverage license from the City.
SECTION 5.03. RENEWAL OF LICENSES. Applications for
renewal of all licenses under this Chapter shall be made at
least sixty (60) days prior to the date of expiration of the
license, and shall contain such information as is required by
the City. This time requirement may be waived by the Council
for good and sufficient cause.
SECTION 5.04. DELINQUENT TAXES AND CHARGES. No license
under this Chapter shall be granted for operation on any
premises upon which taxes, assessments, or installments
thereof, or other financial claims of the City, are owed and
ar~ delinquent and unpaid.
SECTION 5.05. LIMITATION ON OWNERSHIP. No person shall
be granted beer, liquor or wine licenses at more than one
location. For the purpose of this Section, any person owning
an interest of five percent, or more of the entity to which
the license is issued, or such ownership by a member of
his/her immediate family, shall be deemed to be a licensee.
SECTION S. 06. CONDITIONAL LICENSES. Notwi thstanding
any provision of law to the contrary, the Council may, upon a
finding of the necessity therefor, place such special
conditions and restrictions, in addition to those stated in
this Chapter, upon any license as it, in its discretion, may
deem reasonable and justified.
SECTION S. 07. PREMISES LICENSED. Unless expressly
stated therein, a license issued under the provisions of this
Chapter shall be valid only in the compact and contiguous
building or structure situated on the premises described in
the license, and all transactions relating to a sale under
such license must take place within such building or
structure.
SECTION 5.08. UNLAWFUL ACTS.
Subd. 1. Consumption. It is unlawful for any person
to consume, or any licensee to permit consumption of, beer,
wine or liquor on licensed premises more than thirty (3D)
minutes after the hour when a sale thereof can legally be
made.
Subd. 2. Removal of Containers. It is unlawful for
anyon-sale licensee to permit any glass, bottle or other
container, containing beer, wine or liquor in any quantity,
to remain upon any table, bar, stool or other place where
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,
customers are served, more than thirty (30) minutes after the
hour when a sale thereof can legally be made.
Subd. 3. Closing. It is unlawful for any person,
other than an on-sale licensee or his/her bona fide employee
actually engaged in the performance of his/her duties, to be
on premises licensed under this Chapter more than thirty (30)
minutes after the legal time for making licensed sales.
Provided, however, that this Subdivision shall not apply to
licensees, employees of licensees and patrons on licensed
premises for the sole purpose of preparing, serving or
consuming food or beverages other than beer, wine or liquor.
SECTION 5.09. CONDUCT ON LICENSED PREMISES. Except as
herein provided, every licensee under this Chapter shall be
responsible for the conduct of hiS/her place of business and
shall maintain conditions of sobriety and order therein.
SECTION 5.10. SALE BY EMPLOYEE. Any sale of beer, wine
or liquor in or from any premises licensed under this Chapter
by any employee authorized to make such sale in or from such
place is the act of the employer as well as the person
actually making the sale; and every such employer is liable
to all of the penalties provided by law for such sale,
equally with the person actually making the sale.
SECTION 5.11. LICENSE CONDITION AND UNLAWFUL ACT.
Subd. 1. All premises licensed under this Chapter
shall at all times be open to inspection by any police
officer to determine whether or not this Chapter. and all
other laws are being observed. All persons, as a condition
to' be issued such license, consent to such inspection by such
officers and without a warrant for searches or seizures.
Subd. 2. It is unlawful for any licensee, or agent
or employee of a licensee, to hinder or prevent a police
officer from making such inspection.
SECTION 5.12. INSURANCE CERTIFICATE REQUIREMENTS.
Whenever an insurance certificate is required by this Chapter
the applicant shall file with the Clerk a certificate of
insurance ShOWing (1) that the limits are at least as high as
required, (2) that coverage is effective for at least the
license term approved, and (3) that such insurance will not
be cancelled or terminated without thirty days' written
notice served upon the Clerk. Cancellation Or termination of
such coverage shall be grounds for license revocation.
SECTION 5.13. FINANCIAL RESPONSIBILITY OF LICENSES.
Subd. 1. Proof.
shall be issued or renewed
No beer,
unless and
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wine or liquor license
until the applicant has
,
provided proof of financial responsibility imposed by
Minnesota Statutes by filing with the City a certificate that
there is in effect an insurance policy or pool providing
minimum coverages of (1) ~lOO,OOO.O because of bodily injury
to anyone person in anyone occurrence, and, subject to the
limit for one person, in the amount of ~300,OOO.00 because of
bodily injury to two or more persons in anyone occurrence,
and in the amount of ~lO,OOO.OO because of injury to or
destruction of property of others in anyone occurrence, and
(2) ~50,000.00 for loss of means of support of anyone person
in anyone occurrence, and, subj ect to the limit for one
person, ~100,000.00 for loss of means of support of two or
more persons in anyone occurrence.
Subd. 2. Documents Submitted to Commissioner. All
proofs of financial responsibility and exemption affidavits
filed with the City under this Section shall be submitted by
the City to the Minnesota Commissioner of Public Safety.
SECTION 5.14 .
UNLAWFUL ACTS.
MINORS AS DEFINED IN SECTION 5.01-
Subd. 1. Consumption.
It is unlawful for any:
A. Licensee to permit any minor to consume
alcoholic beverages on licensed premises.
B. Minor to consume alcoholic beverages
except in the household of the minor's parent or guardian,
and then only with the consent of such parent or guardian.
Subd. 2. Purchasing. IT IS UNLAWFUL FOR ANY PERSON:
A. To sell, barter, furnish, or
alcoholic beverages to a minor unless such person is
parent or guardian of the minor, and then only
consumption in the household of such parent or guardian.
give
the
for
B. Minor to purchase or a ttempt to purchase
any alcoholic beverage.
C. To induce a minor to purchase or procure
any alcoholic beverage.
Subd. 3. Possession. It is unlawful for a minor to
possess any alcoholic beverage with the intent to consume it
at a place other than the household of the minor's parent or
guardian. Possession of an alcoholic beverage by a minor at
a place other than the household of the parent or guardian is
prima facie evidence of intent t.o consume it at a place other
than the household of his/her parent or guardian.
Subd. 4. Entering Licensed Premises.
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It is
unlawful
muniCipal
served or
for a minor to enter licensed premises
dispensary for the purpose of purchasing or
delivered to him/her any alcoholic beverage.
or the
having
Subd. 5. Misrepresentation of Age.
for a minor to misrepresent his/her age for
purchasing an alcoholic beverage.
It is unlawful
the purpose of
Subd. 6. Proof of Age. Proof of age for purchasing
or consuming alcoholic beverages may be established only by a
valid driver's license, a Minnesota identification card, or,
in the case of a foreign national, by a valid passport.
SECTION 5.15. GAMBLING PROHIBITED. It is unlawful for
any licensee to keep possess, or operate, or permit the
keeping, Possession, or operation licensed premises of dice
or any other gambling device, Or permit raffles to be
conducted, except such as are authorized by Statute or the
City Code.
SECTION 5.16. CONSUMPTION AND POSSESSION OR ALCOHOLIC
BEVERAGES ON STREETS. PUBLIC PROPERTY. AND PRIVATE PARKING
LOTS TO WHICH THE PUBLIC HAS ACCESS. It is unlawful for any
person to consume, or possess in any unsealed container, any
alcoholic beverage on any (1) City park, (2) street, (3)
public property, or (4) private parking lot to which the
public has access, except on such premises when and where
permission has been specifically gran ted or licensed by the
Council. Provided, that this Section shall not apply to the
possession of an unsealed container in a motor vehicle when
the container is kept in the truck of such vehicle if it is
equipped with a trunk, or kept in some other area of the
vehicle not normally occupied by the driver or passengers, if
the motor vehicle is not equipped with a trunk. For the
purpose of this Section, a utility or glove compartment shall
be deemed to be wi thin the area occupied by the driver or
passengers.
SECTION 5.17. ALCOHOLIC BEVERAGES IN CERTAIN BUILDINGS
AND GROUNDs. It is unlawful for any person to introduce
upon, or have in hiS/her possession upon, or in, any SChool
ground, or any school house or school bUilding, any alcoholic
beverage, except for experiments in laboratories and except
for those organizations who have been issued temporary
licenses to sell beer, and for any person to possess beer as
a result of a purchase from those organizations holding
temporary licenses.
Source: City Code
Effective Date: 11-5-92
(Sections 5.18 through 5.29, inclusive, reserved for
future expanSion.)
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SECTION 5.30. BEER LICENSE REQUIRED. It is unlawful
for any person, directly or indirectly, on any pretense or by
any device, to sell, barter, keep for sale, or otherwise
dispose of beer, as part of a commercial transaction, without
a license therefor from the City. This Section shall not
apply to sales by manufacturers to wholesalers or to sales by
wholesalers to persons holding beer licenses from the City.
Annual on-sale beer licenses may be issued only to drug
stores, restaurants, hotels, clubs and establishments .used
exclusively for the sale of beer with the incidental sale of
tobacco and soft drinks. Any person licensed to sell liquor
at on-sale shall not be required to obtain an on-sale beer
licenjOe, and may sell beer on-sale without an additional
license.. ..
SECTION 5.31. BEER LICENSE FEES.
Subd. 1. Applicant. A club or chari table,
religious, or non-profit organization, duly incorporated as a
non-profi t or religious corporation under the laws of the
State of Minnesota, and having its registered office and
principal place of activity within the City, shall quality
for a temporary on-sale beer license, for serving beer on and
off school grounds, and in and out of school buildings.
Subd. 2. Conditions.
A. An application for a temporary license
shall state the exact dates and place of proposed temporary
sale.
B.
license for more
calendar year.
No applicant shall qualify for a temporary
than a total of seven (7) days in any
C. The Council may, but at no time shall it
be under any obligation whatsoever to, grant a temporary beer
license on premises owned or controlled by the City. Any
such license may be conditioned, qualified or restricted as
the Council sees fit.
SECTION 5.32. TEMPORARY BEER LICENSE.
Subd. l. Applican t . A club or chari table,
religious, or non-profit organization, duly incorporated as a
non-profi t or religious corporation under the laws of the
State of Minnesota, and having its registered office and
principal place of activity wi thin the City, shall qualify
for a temporary on-sale beer license, for serving beer on and
off school grounds, and in and out of school buildings.
Subd. 2. Conditions.
-50-
A An application for a temporary license shall state the exact dates and
place of proposed temporary sale.
B. No applicant shall qualify for a temporary license for more than a total
of seven (7) days in any calendar year.
C. The Council may, but at no time 'shall it be under any obligation
whatsoever to, grant a temporary beer license on premises owned or controlled by the
City. Any such license may be conditioned, qualified or restricted as the Council sees fit.
SECTION 5.33. HOURS AND DAYS OF BEER SALES. No sale of beer
shall be made between the hours of 1:00 o'clock AM. and 8:00 o'clock AM. on any
weekday, Monday through Saturday, inclusive. Neither shall any beer sale be made on
any Sunday between the hours of I :00 o'clock A.M. and 12:00 o'clock noon.
SECTION 5.34. BEER LICENSE RESTRICTIONS, REGULATIONS AND
UNLAWFUL ACTS. It is unlawful for any:
Subd. 1. Person who has not attained the age of twenty-one (21) years to be
employed to sell or serve beer in anyon-sale establishment.
Subd. 2. Person .to knowingly induce another to make an illegal sale or purchase
of beer.
Subd. 3. Licensee to sell or serve beer to any person who is obviously intoxicated.
Subd. 4. Licensee to fail, when doubt could exist, to require adequate proof of age
of a person upon licensed premises.
Subd.5. Licensee to sell beer on any day, or during any hour, when such sales are
not permitted by law.
Subd. 6. Licensee to allow consumption of beer on licensed premises on any day
when sales of beer are not permitted by law.
Subd. 7. Person to purchase beer on any day, or during any hour, when sales of
beer are not permitted by law.
Source: City Code
Effective Date: 11-5-92
-51-
Amended Section 5.34 Ord.#93-01 3-4-93
CJ7Y OF LEXINGTON
STATE OF tllNMESOTA
ORDINANCE 00-0 I
AM CRDUIAMCE A"EMlDUIG CHAPTER 5
LIQUOR AMD WillE LICEHSING AMD
REGULATION
SEC'!'!OM 5.33 HOURS AMD DAYS OF BEER
SALES
SE'C'fJCN 5.53 HOURS AMID DAYS OF
LIQUOR SALES
SEC"'ON 5.~:} HOURS AMD DAYS f:>F SALES
BY eN-SALE WJME LJCENSES
W1HiERiEAS, at the General City Election of November 2, 1999, the
voters of the City of Lexington authorized the issuance of licenses for the sale of
intoxicating liquors on the premises of clubs, bars and restaurants on Sunday's in
the City of Lexington; and
WHEREAS., the Lexington City Code under Chapter 5, prohibits the
sale of beer, wine and liquor on Sundays. The City of Lexington does hereby ordain
that all prohibition of Sunday On Sale of beer, wine and liquor be struck and
Section 5.33, 5.35 and 5.62 be amended to read:
Pursuant to Nfill'1esota State Statute 340A.504 HOURS A1"1TI DAYS OF SALE
This ordinance shall be in full force and effect from and after Irs adoption
and publication as required by law.
PASSED by the City Council of the City ofLexingron this 6th day ofJanuarl, 2000.
Mayor
ATTEST:
-
other than
licensee.
D.
those
Licenses may authorize
owned or permanently
sale on
occupied
premises
by the
Subd. 4. Insurance Required. The Council may, but
at no time shall it be under any obligation whatsoever to,
grant a temporary liquor license on premises owned or
controlled by the City. Any such license may be conditioned,
qualified or restricted as the Council sees fit. If the
premises to be licensed are owned or under the control of the
City, the applicant shall file with the City, prior to the
issuance of the license, a certificate of liability insurance
coverage in at least the sum of $100,000.00 for injury to any
one person, $300,000.00 for injury to more than one person,
and $10,000.00 for property damage, naming the City as an
insured during the license period.
Subd. 5. License
liquor license shall be fi
and adopted by resolution.
Fee. The fee for a temporary
ed and determined by the Council
SECTION 5.53. HOURS D DAYS OF LIQUOR SAL No sale
of liq shall be made af er 1,00 0' clock Sunday,
nor until o'clock A.M. n Monday, no fter 8,00 o'clock
P.M. on Decembe 4. No on be made between the
hours of 1,00 o'c k A.M. o'clock A.M. on any
weekda
or after
Saturday. No
January 1; Independe e
Christmas Day, De mber
such days, off-~es may
any day, Monday through
made on New Year's Day,
Thanksgiving Day; or
t evenings preceding
10,0 'clock P.M.
Source: Cit~ Code
Effective Da e, 11-5-92
(Sections 5.54 through 5.59, inclusive, reserved
uture expansion.)
-54-
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5.60 ON-SALE WINE LICENSE REQUIRED.
any person, directly or indirectly,
etense Or by any device, to sell, barter, keep for ale, or
ise dispose of wine on-sale, as part .of a ommercial
trans tion, without a license therefor from the ity. This
Section hall not apply (1) to sales by ma facturers to
wholesaler duly licensed as such by the Comm' sioner, (2) to
sales by w lesalers to persons holdin on-sale liquor
licenses from the City, (3) to sales y wholesalers to
persons hOlding -sale wine licenses om the City, or (4)
to sales by on-sale iquor licensees 0 days and during hours
when on-sale liquor s es are permit d.
sale
FEE. The annual on-
SECTION 5.62. HOURS OF SALES BY ON-SALE WINE
LICENSEES. No on-sale wine s 11 be made after 1:00
o'clock A.M. on Sunda , nor until :00 o'clock A.M. on
Monday, nor between e hours of 1:00 0 lock A.M. and 8:00
o'clock A.M. on an weekday, nor between e hours of 8:00
o'clock P.M. on De ember 24 and 8:00 o'clock M. on December
25.
Source: City Code
Effective Date: 11-5-92
(S tions 5.63 through 5.69, inclusive, reserved f
futur expansion.)
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SECTION 5.70. LIQUOR AND ON-SALE WINE
RESTRICTIONS, REGULATIONS AND UNLAWFUL ACTS.
LICENSE
Subd. 1. Prior to issuance of any license the applicant shall file with
the clerk a bond with a corporate surety, cash, or United States government bonds in the
sum of $3,000.00 for an on-sale liquor or wine license. A bond filed under this
Subdivision must be conditional on the licensee obeying all laws governing the business
and paying all taxes, fees, penalties, and other charges, and must provide that the bond is
forfeited to the City issuing the license on a violation of law.
SECTION 5.70. LIQUOR AND ON-SALE WINE LICENSE
ESTRICTIONS, REGULATIONS AND UNLAWFUL ACTS.
Subd. 2. Licenses in Connection with Premises of Another. A
license may not be issued to a person in connection with the premises of another to whom
a license could not be issued under the provisions of this Chapter. The Subdivision does
not prevent the granting of a license to a proper lessee because the person has leased the
premises of a minor, a non-citizen who is not a resident alien, or a person who has been
convicted of a cr'une other than a violation of this Chapter.
Subd. 1. Prior to issuance of any license the
app 'cant shall file with the Clerk a bond with a cor orate
sure ,cash, or United States government bonds in the sum of
$3,00 00 for an on-sale liquor or wine license. A bond
filed nder this Subdivision must be conditiona on the
licensee obeying all laws governing the business nd paying
all taxe fees, penalties, and other charge , and must
provide th t the bond is forfeited to the Cit issuing the
license violation of law.
Subd. 3. Employment of Minors. No person under twenty-one (21)
years of age may be employed in a place where liquor is sold for consumption on the
premises, except persons under twenty-one years of age may be employed as musicians or
in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may
be employed as waiters or waitresses at a restaurant or hotel where only wine is sold,
provided that the person under the age of twenty-one may not serve or sell any wine.
Subd. Licenses in Connection Premises of
Another. A li ense may not be issued 0 a person in
connection with the premises of another to whom a license
could not be iss ed under the provisio s of this Chapter.
This Subdivision d es not prevent the anting of a license
to a proper lessee b cause the person s leased the premises
of a minor, a non-ci 'zen who is not resident alien, or a
person who has been convicted of crime other than a
violation of this Chapt
Subd. 5. Number of Licenses. The Council may issue the number of
licenses authorized by statute or restrict such nwnber from time to time as it may, in its
discretion, deem proper.
Subd. 3. Emplo ent of Minors. No person under
eighteen (18) years of age may e employed in a place where
liquor is sold for consu t on on the premises, except
persons under eighteen yea of age may be employed as
musicians or in bussi~g or ing dishes in a restaurant or
hotel that is licensed to iquor and may be employed as
waiters or: waitresses at a res aurant or hotel where only
wine is sold, provided that the person under the age of
eighteen may not serve sell any
Subd. 4. On-sale wine licenses shall be granted only to restaurants as
defmed in this Chapter. Provided, however, for purposes of this Section, such restaurant
shall have appropriate facilities for seating not less than twenty-five guests at one time.
Subd. 6.
Unlawful Acts. It is unlawful for any:
Subd. 4. On- ale wine licens
to restaurants as defined in
however, for purpo s of this Section,
have appropriate f cilities for seating
five guests at 0 time.
shall be granted only
Chapter. Provided,
uch restaurant shall
n t less than twenty-
A. Licensee to sell, offer for sale, or keep for sale, liquor in
any original package which has been refilled or partly refilled.
Subd. Number of Licenses. The
the number of icenses authorized by statute
number from ime to time as it may, in its
proper.
uncil may issue
o restrict such
di cretion, deem
-56-
Amended Section 5.70 Ord.#93-0 1 3-4-93
6. Unlawful Acts. It is
B. Licensee to display liquor to the public during hours when
the sale ofliquor is prohibited.
A.
le. liquor
led or partly
Licensee to sell,
in any original
refilled.
offer for sale, or keep
package which ha been
B. Licensee to display liquor to the ic
ring hours when the sale of liquor is prohibited.
-56-
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CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
ORDINANCE # 66
An Ordinance Adopting City Code # 66
The Sale of Tobacco
The City Council of the City ofCenterville does ordain as follows:
Section 1. Tile City Code of the City of Centerville is hereby adopting City Code #66
in its entirety.
Section '66' - The Sale of Tobacco
66.01 Purpose. The city recognizes that many persons under the age of 18 years
purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related
devices, and such sales, possession, and use are violations of both State and F ederallaws; and
because studies, which the city hereby accepts and adopts, have shown that most smokers begin
smoking before they have reached the age of 18 years and that those persons who reach the age
of 18 years without having started smoking are significantly less likely to begin smoking; and
because smoking has been shown to be the cause of several serious health problems which
subsequently place a financial burden on all levels of govermnent; This ordinance shall be
intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco
related devices for the purpose of enforcing and furthering existing laws, to protect minors
against the serious effects associated with illegal use of tobacco, tobacco products, and tobacco
devices, and to further the official public policy of the State of Minnesota in regard to preventing
young people from starting to smoke as stated in Minn. Stat. ~144.391.
66.02 Definitions. As used in this section, the following terms are defined as follows:
Subd. I Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall
mean any substance or item containing tobacco leaf, including but not limited to, cigarettes;
cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cher~ots; stogies; perique;
granulated plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers;
cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps; clippings; cuttings;
and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as
to be suitable for chewing, sniffing, or smoking.
Subd.2 Tobacco Related Devices. "Tobacco related devices" shall mean any
tobacco product as well as a pipe, roIling papers, or other device intentionally designed
or intended to be used in a manner which enables the chewing, sniffing, or smoking of
tobacco or tobacco products.
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Subd. 3 Self-Service Merchandising. "Self-Service Merchandising" shall mean
open displays of tobacco, tobacco products, or tobacco related devices in any manner
where any person shall have access to the tobacco, tobacco products, or tobacco related
devices, without the assistance or intervention of the licensee or the licensee's employee.
The assistance or intervention shall entail the actual physical exchange ofthe tobacco,
tobacco product, or tobacco related device between the customer and the licensee or
employee. Self-service merchandising shall not include vending machines.
Subd.4 Vending Machines. "Vending Machine" shall mean any mechanical,
electric or electronic, or other type of device which dispenses tobacco, tobacco products,
or tobacco related devices upon the insertion of money, tokens, or other form of payment
directly into the machine by the person seeking to purchase the tobacco, tobacco product,
or tobacco related device.
Subd. 5 Individually Packa!,l:ed. "Individually packaged" shall mean the practice
of selling any tobacco or tobacco product wrapped individually for sale. Individually
wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette
packs, single bags or cans ofloose tobacco in any form, and single cans or other packing
of snuff or chewing tobacco. Cartons or other packaging containing more than a single
pack or other container as described in this subdivision shall not be considered individually
packaged.
Subd. 6 Loosies. "Loosies" shall mean the common term used to refer to a single
or individually packaged cigarette.
Subd. 7 Minor. "Minor" shall mean any natural person who has not yet reached
the age of eighteen (18) years.
Subd. 8 Retail Establishment. "Retail establishment" shaH mean any place of
business where tobacco, tobacco products, or tobacco related devices are available for
sale to the general public. Retail establishment shaH include, but not be limited to,
grocery stores, convenience stores and restaurants.
Subd.9 Moveable Place of Business. "Moveable Place of Business" shall refer to
any form of business operated out of a truck, van, automobile, or other type of vehicle or
transportable shelter and not a fixed address, store front or other permanent type of
structure authorized for sales transactions.
Subd. 10 Silk. A "sale" shall mean any transfer of goods for money, trade, barter,
or other consideration.
2
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Subd. II Compliance Checks. "Compliance checks" shall mean the system the city
uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and
tobacco related devices are following and complying with the requirements of this
ordinance. Compliance checks shall involve the use of minors as authorized by this
ordinance. Compliance checks shall also mean the use of minors who attempt to
purchase tobacco, tobacco products, or tobacco related devices for educational, research
and training purposes as authorized by State and Federallaws. Other units of
government for the purpose of enforcing appropriate Federal, State, or local laws may
also conduct compliance checks and regulations relating to tobacco, tobacco products
and tobacco related devices.
66.03 License Required. No person shall sell or offer to sell any tobacco, tobacco
products, or tobacco related device without first having obtained a license to do so from the city.
Subd. I Application for License. An application for a license to sell tobacco,
tobacco products, or tobacco related devices shall be made on a form provided by the
city. The application shall contain the full name of the applicant, the applicant's residential
and business addresses and telephone numbers, the name of the business for which the
license is sought, and any additional information the city deems necessary. Upon receipt
of a completed application, the city clerk shall forward the application to the
council for action during a regularly scheduled council meeting. If the clerk
shall determine that an application is incomplete, he or she shall return the application
to the applicant with notice ofthe information necessary to make the application complete.
Subd. 2 Action. The council may either approve or deny the license, or it may
delay action for a reasonable amount of time to complete any investigation of the
application or the applicant it deems necessary. If the council shall approve the license,
the clerk shall issue the license to the applicant. If the council denies the license, notice
of the denial shall be given to the applicant along with notice of the applicant's right to
appeal the council's decision.
Subd. 3 ThI:m. All licenses issued under this ordinan~e will expire December 31,
of the year the license was purchased.
Subd. 4 Suspension or Revocation. Any license under this ordinance may be
revoked or suspended as deemed necessary by the Council.
Subd. 5 Transfers. All licenses issued under this ordinance shall be valid only
on the premises for which the license was issued and only for the person (s) to whom the
license was issued. No transfer of any license to another location or person or entity shall
be valid without the prior approval of the council. The licensee shall not be entitled to
a refund of the license fee upon revocation or voluntarily ceasing the licensed activity.
3
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Subd.6 Displav. All licenses shall be posted and displayed in plain view of the
general public on the licensed premise.
Subd. 7 Renewals. The renewal of a license issued under this section shall be
handled in the same manner as the original application. The request for a renewal
shall be made at least thirty days but no more than sixty days before the expiration of
the current license. The issuance of a license issued under this ordinance shall be
considered a privilege and not an absolute right of the applicant and shall not entitle
the holder to an automatic renewal of the license.
66.04 &U. No license shall be issued under this ordinance until the appropriate
license fee is paid in full. The fee for a license under this ordinance shall be determined by
resolution of the City Council.
66.05 Basis for Denial of License. The following shall be grounds for denying the
issuance or renewal of a license under this ordinance; however, except as may otherwise be
provided by law, the existence of any particular ground for denial does not mean that the city
must deny the license. If a license is mistakenly issued or renewed to a person, it shall be
revoked upon the discovery that the person was ineligible for the license under this Section:
A. The applicant is under the age of 18 years.
B. The applicant has been convicted within the past five years of any violation of a
Federal, State or local law, ordinance provision, or other regulation relating to
tobacco or tobacco products or tobacco related devices.
C. The applicant has had a license to sell tobacco, tobacco products, or tobacco
related devices revoked within the preceding twelve months of the date of
application.
D. The applicant fails to provide any information required on the application, or
provides false or misleading information.
E. The applicant is prohibited by Federal, State, or other local law, ordinance, or
other regulation, from holding such a license. '
66.06 Prohibited Sales. It shall be a violation ofthis ordinance for any person to
sell or offer to sell any tobacco, tobacco product, or tobacco related device:
A. to any person under the age of eighteen (18) years.
B. By means of any type of vending machine, except as may otherwise be
provided in this ordinance.
4
C. By means of self-service methods whereby the customer does not need to make
a verbal or written request to an employee of the licensed premise in order to
receive the tobacco, tobacco products, or tobacco related devices and whereby
there is not a physical exchange of tobacco, tobacco products, or tobacco related
device between the licensee or the licensee's employee, and the customer.
D. By means ofloosies as defined in Section 66.02 Subd. 6 of this ordinance.
E. Containing opium, morphine, jimpson weed, Bella donna, strychnos, cocaine,
marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances
except nicotine and other substances found naturally in tobacco or added as part
of an otherwise lawful manufacturing process.
F. By any other means, to any other person, or in any other manner of form
prohibited by Federal, State, or other local law, ordinance provision, or other
regulation.
66.07 Vending Machines. It shall be unlawful for any person licensed under this
ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the
means of a vending machine unless minors are at all times prohibited from entering the
licensed establishment.
66.08 Self-Service Sales. It shall be unlawful for a licensee under this ordinance to
allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby
the customer may have access to such items without having to request the item from the licensee
or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco
products, or the tobacco related devices between the licensee or his or her clerk and the customer.
All tobacco, tobacco products, and tobacco related devices shall either be stored behind a
counter or other area, not freely accessible to customers, or in a case or other storage unit not
left open and accessible to the general public. Any retailer selling tobacco, tobacco products,
or tobacco related devices at the time this ordinance is adopted shall comply with this Section
within 90 days. Self-service sales restriction shall not apply to retail stores which derive at
least 90% of their revenue from tobacco and tobacco related products and which cannot be
entered at any time by a person( s) younger than 18 years of age.
66.09 Responsibility. All licensees under this ordinance shall be responsible for the
actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related
devices on the licensed premises and the sale of such an item by an employee shall be considered
a sale by the license holder. Nothing in this section shall be construed as prohibiting the City
from also subjecting the clerk to whatever penalties are appropriate under this Ordinance, State
or Federal law, or other applicable law or regulation.
66.10 Comnliance Checks and Inspections. All licensed premises shall be open to
inspection by the city police or other authorized city official during regular business hours.
From time to time, but at least once per year, the city shall conduct compliance checks by
5
engaging, with the written consent of their parents or guardians, minors over the age of fifteen
(IS) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase
tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of
compliance checks shall be supervised by city designated law enforcement officers or other
designated city personnel. Minors used for compliance checks shall not be guilty of unlawful
possession of tobacco, tobacco products, or tobacco related devices when such items are
obtained as a part of the compliance check. No minor used in compliance checks shall attempt
to use a false identification misrepresenting the minor's age, and all minors lawfully engaged
in a compliance check shall answer all questions about the minor's age asked by the licensee or his
or her employee and shall produce any identification, if any exists, for which he or she is asked.
Nothing in this Section shall prohibit compliance checks authorized by State or Federal laws
for educational, research, or training purposes, or required for the enforcement of a particular
State or Federal law.
66.11 Other illegal Acts. Unless otherwise provided, the following acts shall be a
violation of this ordinance.
Subd. 1 Illegal Sales. It shall be a violation of this ordinance for any person to
sell or otherwise provide any tobacco, tobacco product, or tobacco related device to
any minor.
Subd. 2 Illegal Possession. It shall be a violation of this ordinance for any minor
to have in his or her possession any tobacco, tobacco product, or tobacco related device.
This subdivision shall not apply to minors lawfully involved in a compliance check.
Subd. 3 Illegal Use. It shall be a violation of this ordinance of any minor to smoke,
chew, sniff, or otherwise use any tobacco product, or tobacco related device
Subd.4 U1elZal Procurement. It shall be a violation of this ordinance for any minor
to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or
tobacco related device, and it shall be a violation of this ordinance for any person to
purchase or otherwise obtain such items on behalf of a minor. It shall further be a
violation for any person to coerce or attempt to coerce a minor to illegally purchase or
otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a 90mpliance check.
Subd. 5 Use of False Identification. It shall be a violation ofthis ordinance for any
minor to attempt to disguise his or her true age by the use of a false form of identification,
whether the identification is that of another person or one on which the age of the person
has been modified or tampered with to represent an age older than the actual age of the
person.
66.12 Violations.
Subd. I Notice. Upon discovery of a suspected violation, the alleged violator shall
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be issued, either personally or by mail, a citation that sets forth the alleged violation and
which shall inform the alleged violator of his or her right to be heard on the accusation.
Subd. 2 Hearings. If a person accused of violating this ordinance so requests, a
hearing shall be scheduled, the time and place of which shall be determined by Anoka
County.
Subd. 3
Hearings Officer. Anoka County shall serve as the hearing officer.
Subd. 4 Decision. If the hearing officer determines that a violation of this
ordinance did occur, the decision, along with the hearing officer's reasons for finding
a violation and the penalty to be imposed under Section 66.13 of this ordinance or as the
court rules, shall be recorded in writing, a copy of which shall be provided to the accused
violator, their parent or legal guardian. Likewise, if the hearing officer finds that no
violation occurred or finds grounds for not imposing any penalty, such findings shall be
recorded and a copy provided to the acquitted accused violator, their parent or legal
guardian.
Subd. 5 Appeals. Appeals of any decision made by the hearing officer shall be
filed in the district court for the city in which the alleged violation occurred.
Subd. 6 Misdemeanor Prosecution. Nothing in this Section shall prohibit the City
from seeking prosecution as a misdemeanor for any alleged violation of this ordinance.
If the City elects to seek misdemeanor prosecution, no administrative penalty shall be
imposed.
Subd. 7 Continued Violation. Each violation, and every day in which a violation
occurs or continues, shall constitute a separate offense.
66.13 Penalties.
Subd. 1 Licensees and Emplovees. Any licensee, and any employee of a licensee,
found to have violated this ordinance shall be charged an administrative fine which shall be
determined by resolution of the City Council for a first violation of this ordinance; fat a
second offense at the same licensed premises within a twenty-four month period; and/or
a third or subsequent offense at the same location within a twenty-four month period. A
fine shall be determined by resolution of the City Council. In addition, after the third
offense, the license shall be suspended for not less than seven days.
Subd. 2 Other Individuals. Other individuals, other than minors regulated by
subdivision 3 of this subsection, found to be in violation of this ordinance shall be
charged an administrative fee set by resolution of the City Council.
Subd. 3 Misdemeanor. Nothing in this Section shall prohibit the City from seeking
prosecution as a misdemeanor for any violation of this ordinance.
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66.14 Exceptions and Defenses. Nothing in this ordinance shall prevent the providing
of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully
recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the
violation of this ordinance for a person to have reasonably relied on proof of age as described
by State law. .
66.15 SeverabiliQ' and Savings Clause. Ifany section or portion of this ordinance
shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent
jurisdiction, that finding shall not serve as a invalidation or effect the validity and enforceability
of any other section or provision of this ordinance.
66.16 Effective Date. This ordinance shall take effect the day following
publication in the city's official newspaper.
L/Ch-'L ~~
Mayor Tom Wilharber
Attest:
K ~
," c*,' ~L..;. at j macL
Ry-Cli I Gaustad, CMC City Clerk
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