HomeMy WebLinkAbout2002-04-08 CC WS Packet
WORK SESSION MEETING
MONDAY, APRIL 8, 2002
6:30 P.M.
I. CALL TO ORDER
1. Roll Call
II. SET AGENDA
III. PUBLIC HEARING(S)
IV. APPEARANCES/AWARDS
V. OLD BUSINESS
1. League of Minnesota Cities Model Ordinance & Suggestions for fines from
local establishments
VI. ADJOURNMENT
Page 11 011!
deviating from these standards, the Council will provide written findings that support the penalty
selected.
B. MinWlUm Penalties. tor ViolatiQ.Q:i. The minimum penalties for convictions or violations illest be
presumed as tollows (unless specified, numbers below indicate consecutive days' suspension):
The following violations require revocation of the license on the first violation.
a Commission of a telony relateli 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.
!2~~L!.'[gftices Establishme!!lli. Establishments entering into an agreement with the Police Department
as a Best PJ:acti~e Establishment will use the Best Practices violation grid. (Ord. 2001-08, 02/27/2001)
The tollowing violations fall under this violation grid broken down by type oflicense.
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Type of License 1st Violation 2nd Violation 3rd Violation 4th Violation
On-sale $SOO and $1,000 ani",( $2,000 ~ Revocation
-
intoxicating ";.0"'11> '" IV""'1.
S days LO days IS days
liquor suspension suspenSIOn suspensIOn
Off-sale $SOO and $1,000 and $2,000 and Revocation
intoxicating liquor 7 days 'IP
3 days 12 days
suspensio n suspensio n
suspension
On-sale beer and $SOO and $1,000 and $2,000 and Revocation
wine
S days 10 days IS days
suspensIOn suspensIOn suspension
.
Oft:sale 3.2 malt $1,000 and $I,SOO and $2,000 and Revocation
10 days 20 days 40 days
suspension
suspensIO n suspenSIOn
a Sale 0 f alcoholic beverages to lmder-age persons.
a Sale of alcoholic beverages to obviously intoxicated person.
a After hours sale/display/consumption of alcoholic beverage.
a Illegal gambling on premises.
o Failure to take reasonable steps to stop persontTom leaving premises with alcoholic
beverages (on-sale allowing off-sale). ~';; fc/'"
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LEAGUE OF 1'1N C r Tl ES
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FA:X TR-A..NSMISSIO,N
LEAGUE OF MINN'ESOTA E3:flES
145 U"'''''",ity Av"!ue W~.t
SI.P,J, MN 55103-2044
651-281-1200
F"", 651-281-1296
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Date: 2/IQ!Z.
Pages: '2" I including thi, cover sh.et
The L.ague of Mhm,...ota. Cities 1'<ovld.s this material foz gen."J
i:ufonnationo.l.purpos<lS; It is not intended. to l?o~1J.e.lega! advi.e and
~hou.ld not b. used as a sub.ti!:t.l,te fo~ aompetont leg.J. guidance. . Consult
"our. attoroev fo.r advic& aunaemix1'" s'OetJilic siinations.
Comment..
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FEE-19-2~02 10'05
LEAGUE OF MN C IT I ES
LEAGUE OF MINNESOTA CITIES
MODEL ORDINANCE REGULATING
THE POSSESSION, SALE AND CONSUMPTION OF
INTOXICATING AND 3.2 PERCENT MALT LIQUOR
IN CITIES
(VERSION l\!IAY ~, 2001)
D.'afted by LMC Spe.::ial Coul1!lel Duke Addicks
Before adoDtine: this ordinance,
a city should be fanpJiar with the contents of
I.Il$lWe memo "Liquor Licensinl!: and Rell;u1atlon".
LMC 3iiOBIA.4 (Januarv2001). .
INTRODUCTION AND INSTRUCTIONS:
This model liquor lIcensin~ ordinance Is very comprehensive, and covers the
issullllce of all of fue types of licenses a dty may issue.
A city wishing to adopt this ordinance should review it to make sure that it wll;hes to
adopt aU of its provlsloOli.
A city canlllodlfy the ol'd1nance to elimillatlllhose types of licenses that it does not
wish to issue.
Because most of the provisions of tltls ordinance are controlled by statute, any
modifications should be llpvro'Ved by the city attorney to mime sure the changes
confOrm to state law.
The city's attorney should review the entire ordinance before it is adopted as th1s
ol'dinance establishl!ll the rights and respoD,ibllit~s of both the city and the license
appJlcants and holders.
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LEAGUE QF I'l-l CITIES
The form of thi~ model ~rdina:lll:e i~ that used by Statutory Cities as required by
Minnesota Statutes 9 412.191, suM. 4.
A home rule charter often l:ontains provisions concerning how the city may enact
ordinance~, Home rule charwr cities should consult their charter and city attorney
before adopting this ordinance in order to ensure that ~harter provlmollS are
complied with.
Statutory citieB may publisb a summary ofJengthy ordinanc~s instead of the
complete ordinance, as provided by Mlnnesota Statutes ~ 412, suM. 4, but the
sUlnmary must meet thll requirementli of Minnesota Sl:.atutes ~ 331A.Ol, SIlbd. 10.
!n arder-to-fully Inlonn tlte public of the nature of auy eonduct that iB prohibited,
portions of tile summary set out t.he provislGns of the ordinance in gl"Mtel' detail
lhall those dealing with the liquor licensing proce6s.
A sueeested 9UlllllWlrY of tbls ordinance with instructions for its adoption and
publication follows the modill ordinance.
Because this ordinance will affect existing liquor licensees, a copy of' the proposed
ordinance mould be mailed to each llCflnSlle along willi it notlce of the hearing Oll the
ordinance In order to try to make them aWiu:e of t.he contents of the proposed
ordllll!llce ana to give them all opportunity 10 make tbeir vie,ws known.
JI' Cities whicll de not ha've a municipal liquor store should odfadopt those sections of
" tWs model ordinan<< dealing with municipal liquor stores. ,.
It Becausoe ot internal cross references, Sections 29, 30 and 31 sbould retain their
't numbering in thoe adopted ordJnanre even If Seetions 23 to 28 dealine with
mwdClpal liquor stores are deleted. If Sections 2:3 to 28 are not adopted, the
ordinance Should contain a provisioJl to read: "SectionS 23 to 28 are reserved for
future USll." Tillis \$ so thllt the reader of the ordinance will not be confused by the
absence of these sections.
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FEB-19-2002 10:06
LEAGUE OF 111'1 C I Tl ES
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ORDINANCE NO.
ANORDmANCEREGULAT~G
THE POSSESSION, SALE AND CONSUMPTION
OF INTOXICATING AND 3.2 PERCENT l\ULT LIQUOR
WITHl~ THE CITY OF , lVllNNESOTA
THE CITY CO'lJNCIL OF THE CITY OF
DOES ORDAIN:
, l'v1INNESOTA
Section ]. ADOPTION OF STATE LAW BY REFERENCE
The provisions of M. S. Chapter 340A, as they may be amended from time to
time, with ref.erence to the definition ot' terms, conditions of operation, restrictions
.' on consul11ption, provisions relating to sales, hours ot sale, and all other matters .
pertlining to the retail sale, dlstl"ib~tlon,. sali cOl1$Unwtioll of j!lto~cating liquor :.
and 3.2 percent malt llquor are hereby adopted by reference and Ille made II pllrt,of
this ordinance as if set out In fuU. It is the intention at the City COl1llcil that all
. future amendments to M. S. Chapter J40A are hereby adopted by reference or
l'eferel.lced as if they had been in existence at the time this ordinanre is adopted.
Section 2. CITY lVB. Y BE MORE RESTRICnVE THAN' STATE LA W
The Council Is autl10rized by th~ provisions of M. S. ~ 340A.509, as it llUly be
amended from time to time, to Impose, and hIlS impoSEd in this ordinance,
additional restrlctiolls on the sale and possession of l\lcoholieb<lverll~s within its
limits beyond those contained in M. S. Chapter 340A, ail it may be lIInended from
time to time.
Section 3, DEFINITIONS
In addition to the deflnltions conl:.l.ined in M. S. @ 340A.]01, as it DlllY be
amended from time to time, tbe folrowing terms are defined for purposes of this
ordinance:
UQUOiR, as used in this ordinance. without modification by the words
"intoxicating" or "3.2 peTtent malt", includes both intoxicating liquor and 3.2
percent malt liquor.
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LEAGUE OF 1'111 CITIES
RESTilURAlvT llleans an eating facility, other than a hotel, under the control
of a single proprietor or manager, where meals are regularly prepared on the
premises, where full waitress/waiter table service Is provided, where a customer
orders food from prInted menus and woeee the main food Wurse is served and
consumed whlle seated at a single location. To be a restaurant 8S defined by thi~
term in this ordinance, an astablishment shall have a license from the state as
required by M. S. ~ 157.16" as it may be amended from time to tUne, and llletlt the
definition jjf either a "small establishment", "medium establishment" or "large
establishment" as defined in M. S. ~ 157.16, mbd. 3d, as it may be amended from
time to lime. An establishment which serves prepackaged food tbal receives heat
treatment and is served in the package or frozen plz:Ea that is heated and sel:'ved,
shall not be considered to be a restaurant for purposes of this chapter unless it
meets tb'Hlet1nillOns of "small establishment", "medium establishment" or "larg~
establishment" .
Se~tion 4. NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS
PROHIBITED.
(A) The City Council finds that it is In the best interests <lrthe public health,
safely and general welfare of the p@ople ot the city that nudity is prohibited as
provided' in this Sedion on the premiSes of any estllblishmelit licllllSed onder this
ordinance, this is to prote.:t and Ilssistlhe-owners~operatoI:'S and employees of the
establishment, as well liS patrolls and' the public in genel'lll, from harm stemming
from the physical immediacy and comhination of alcohol, nudity and sex. The
Council especially intends to prevent aoy rnhlimhial endol:'sement of sexual
harassment or activities likely to lesd to the posslblllty of varklus crilninal conau.:t,
including prostitution, sexual assault and disorderly Conduct. The Council also finds
that the p.rohlblllon of nudity on the prel1liS<ls of any eIlta.bllshment liC\\l1slld under
this ordinance, all set forth in this s<lctlon, reflects the prevailing community
standards of the dly.
(B) It is unlawful fur any liCiinsee to permit or allow any person or persons
on the licensed premiSe:! when the pell"son does not have his or ber buttocks, anus,
breasts and genitals covered with a non. transparent matel:'ial.l1 is unlawful for any
person to be on the licensed premises when tbe pel:'SOIl does not have hls or her
buttocks, anus, breasts and genitals covered with a non-transparent material.
(C) A violation of this section Is a mlsdemeanol:' p\lnishllble as provided by
law, andlsjustificatlo.n for re'l/ocatlon or suspension of any liquor, wine or 3.2
percent malt liquor license 01:' the Imposition of a civil penalty under the pro~i.sions
of Section 29(B) of this ordinance.
Section S. CONSl".lMl'TION IN PUBllC PLACES
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U,AGlJE OF MN GITIES
No perSOll ~halY consume Intoxicating llquoL' 01" 3.J percent malt liquor in a
public park, 00 any pub1lc street, sidewalk, parkine lot or ailey, or in any pubqc
place other than Oil the premises of an establishment IiCfDSEd under this ordinance,
in a municipalllquor dispensary if que exists in the city, 01' where the consllmptiOll
:md display of liquor iI.lIllWfully permitted,
S~tilln 6. Nl.JMBER OF LICENSES WHICH l\U.Y BE ISSUED
Slate law establishEs thll ll.lUllber of liquor licenses that a city llJay issue.
However, the numbex- of IlCEIllleS whic:h may be granted undEr this Ol-dinance is
limited to the number of license whif.:h were issued as of the effective date of this
ordtnlmc:e, eVllll -if i1lar~1I' llwnber of licenses are authorized by law 01' election. The
Council in its sOllnd disc:retion may provide by ordinance that a Ial'ge.- numbel' of
li<:snses 1Illl,Y he wsned up to the number /}f licenses lUIthorlzed by Minnesota
Statutes Chapter 340A, as it may be amended from time to tlme. If a larl:1l1' number
of licenses in a particular category has lleen authllrized by.Q refe:tendum held under
the provi.sions of!>I.. S. ~ 340A.413, Build. 3, as it may be lImended froln tilne to time,
but not all of them haVE been issued, the larger numMr of licenses is no lODger ill
dY~t until th.a Council by <miinlll1ce determines that any Ill' all Qf the licenses may
bE Issued. Th(\'Council is Mt required to issue the fnlll1'11mber of license!! that IHtaS
available.
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Sadion 7. TERM AND EXPIRA nON OF LICENSES,
Each llcense shull be issued for a Illa:lwum pel'lOd 01' olle year" All licenses,
except telnponry licenses, shrill expire on Deeeolber 31 of each year unless aIlother
datil is provided by ordinance. Allli<:en3es shall e:l:pire 011 the same date. Temporary
licenses (lxpire according to their terms, Consumption and display permits issued by
the Cominissiouer of Public Safety, and the accompanying city COnsent to the
permit, shall expire on March 31 of each year.
Section 8. KJNDS OF LIQUOR LICENSES
The ConncH or a City !hat does not have a municipal liquor store ill
authorized to issue the following llcenses and permits, up to the number specitled in
Section (i <If this ordinanc:e.
(A) 3.2 !lereent malt liquor on-I!:!lle licenses, which lIlay be Issued only to
restmn'ants, hotels, dubs, bowling centers and establishments used exclusively fill'
the sale of .3.2 perC<!lIt malt liquor with the incidental sale of tobacco and soft drinks.
(B) 3.2 percent malt liquor off-sale license.
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LEAGUE OF 11-1 CITIES
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eel Temporary 3.2 percent malt liquor licenses which may be issued unly 10 a
dub, charitable, religious or nonprofit organization.
CD) Off.sale intoxicating liquor licel18O!$, which may be issued only to
eXclusive liquQr stores or drug storll!J that have an off-sale license which was first
issued on or before J7\1Iay 1, 1994. The fee tOr an.off sale mtOJdcatlng liquor license
established by the Council under Section 9 shall not eXCeEd $100 or a greater
amount which may be permitted by M. S. ~ 340A.408, subd. 3, as it may be amended
I'rom time to time.
(E) On-sale lnloxicatillllliquor licenses. which may be issued to the f'oUowing
establishments as defined by M. S. ~ 340A.IOl, as it may be amended from time to
time,-and this ordinance: hoteli;, N.1taurants, bowling center:ll, clubs or
Cllngre$Sionally chartered veterans organb:ations, and exclusive liquor stores. Club
licenses may be issued only with the approval of the Cornmlsslonel" of Public Safety.
The fee for club licenses established by the Council under Section 9 of this
ordinance shall not exceed the amounts pro'l'ided for ill J\lL S. ~ 340A.408, suM. 2(b),
all it may be amended from time to tillUl. l'he Council may in its sound discretion
authorjze Q l"lliail on-sale !Ieensee to dispense intOXicating liquor off the licensed
premlses.at a community festival held within the city Ubder the proYisions of M. S. ~ -7
340A.404, suM. 4b, as it l!llIY be amended from time to time. The Council may In its . (
sound discretion authorize a relan on-sale licensee to dIspense into:\:icatlng liqUor off ,
the licensed premises at ally convention, banquet, conference, meeting <Jr screial
affair conducted on the premises of a sports, convention, or <:ultural facility owned
by the city, ullder the provisions of 340.'\..404, sllbd. 4a, as it !lIay b(l a.menlkd fl"(lm
lIme to time; however, the Ucensell is prohibited from dispensing intoxicating liquor
to any person attending or participating mllllllll1llteur athletic event being held on
the premises.
(F) Sunday on-sale intoxicating liquor licenses, only after authorizatIon to do
S'l by yoter approval at a general or special election as provided by M. S. fi
340A.504, subd. 3, as it may be amended trom time to till'lll. Sunday on-sale
intoxic:.ting liquor Iicell5es may be !ssued 'lnly l'l a restaurant, as defined In Section
3 of'this ordinance, club, bmvllng center, oX' hotel which has a sealing caplIcity of at
least 30 persons, which holds all on-sale lntoxlcal!nllliquor license, and Which serves
liquor only in conjunction With the service of food. l'he ma'tilllum fee for this license
which shall be established by the Councill.lnder the provisions 01' Section 9 of this
ordinance, shall not e...ceed $200, or the maximum amount provided by M. S. 9
340A.504, subd 3(c) as it may be amendlld from time t'l time.
(G) Combinalion on.sale/off-sale intoxicating liquor licenses if tho; city has a
population less than 10,000.
ell) Temporary on-sale intoxicating liquor licenses, with the appr()~al of the
C<Jmmlssloner of Public Safety, which may be issued only in connection with a ~()(;iai
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LEAGUE OF 111'1 C I TIES
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evem sponsored b~- a dub, charitable, religious or otber nonprofit corporation that
bas existed tor at least three year$. No license shall b4! for longer than fOllr
conse.:utivedays, ::md the city shall issue no more than 12 da~'s worth of temporary
licellSes to anyone organization in one calendar year.
(I) On.sale wine licenses, with the approval of the Commissioner of Public
Safety to: restaurants that have facilities for seatine at least 25 guests at tine time
and meet the clitena of M. S. 340A.404, subd 5, as it may be amended from dme to
time, and which meet the definition of restaurant in Sectioll 3 of thJs ordinance; and
to licensed bed and bretlkt'ast facilities which meet the cdterla m l\IL S. * 340A.401,
suM 1 as it mey be amended froll! time to time. The fee for IIIl on-sale wine license
established by the Council under the provlslollS of Section 9 of this ordinance shall
not exceed one-halt of the license fee clla~d filr an on-sale inloxic.'1.ting liquor
IiceIlile. The holder Gf an on-sale wine license who also holds an on sale 3.2 percent
malt liquor license is authorized 10 sell malt liquor with a content over 3.2 percent
(strong beer) without an additional license.
(J) One day conslmlption and display permits with the approVal of the
Commissioner of Public Safety to a nonprofit ol'ganiullon In conjunction with a
social activity in lhe city sponsored by the organization.
(K) Approval of the iSsWlllce of.'l consumption and display by the
Commissioner of Public Safely. The llIa]l!mum amount of the additional fee which
may lw impos4!d by the euuucil OIl a lle.l'Son who has been issued atonsumption and _ ii
display permit undillr the prOVisions of SediQI1 9 of this ordinance shall not exceed
$300, or the maximum amount pennitfed by 1\-L S. ~340A.14, subd 6, as It llllIY be
lllU<lnded !'ranI time to time. Consumption and display permits shall expire on
March 31 of each year.
Section 9. LICENSE FEES; PRO MTA
(A) No l1cellSe or other fee establlshed by till! city shall exceed any- limit
established by M. S. ~ 340A, as it may be amended fmm time to time, for a liquor
license.
(:8) The Council may ",stabiish from time to time by ordinance or resolutron
the fee for any of the liquor liCeilS"'i it Is authorized to issue. The license fee may l1lQt
exceed the cost of lS$ulng the license and other costs directly related to thll
enl'orcemenl of the liquor laws and tbls ordinaDce.~ liquor license fee shail be
iO'l.reased without providing ntailed notice of a hearl~~n the proposed increase to
aU :U'fecl4ld licensees at least 30 days before the helU'in.!J
(C) The fee for all Jicell8<lS, c''(cept temporaty licenses, granted after the
commencement of the licellBe year shall be prorated on a quarterly basis.
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FES-19-2002 10: 10
LEAGUE OF r1f1 C IT 1 ES
CD) AlIlicens/l fees shall be paid in full at the tiwe the application is liIed with
the city. If the application is denied, the license file shall be returned to the
applicant.
(E) A refund of a pro rata share of an annuallicelllle fee may occur only if
autilorized by l\iL S. s 34()A.408, subd. 5.
Section 10. COUNCIL 'DISCRETION TO GRANT OR DENY A LICENSE
The Council In Its sound discntlon may either l:I'ant or deny the application
for :my license or for tile transter or renewal of ally license. No applicant has a right
to a llcellBe under litis ordinQm;e.
Section U. APPL.ICATION FOR LICENSE
(A) Forn" Every application for a liceJllse issued Wider thill ordinance shall be
on a form provided by the city. Every application shall state the name of the
applicant, the applicant's age, representations as 10 the applicant's cha....lcter, with
I'eferences as tbe CouncJl may require, the type of license applied for, the blliliness in
. connection with wllich tile propo.,oo,liteme' will opeute and its location, a
description of the premises, whether the applicant is OWllIl!l" and operator of the
business. how long the applkant.has. been ill that business at that place, and 111her
information as the Council may require (rum tiJ:ni! to time. An application for an on.
sale intoxicating liquot licem:-e shall be Ii) the form prescribed by the Commissioner
of Public Safety and shall also contain the Information required in this sedioll. The
form shall be venfled and flied with the dly. No person shWl make a fal:se statement
In an application.
(B) Financial respansibil:o'. Prior to the issuaDl~e of any licens.e under this
ordinance, the applicant shan demenstrate proof offjnancial responsibility as
defined ill M. S. ~ 340A.409, as it may be alllolnded from time to time, with regard to
liability under M. S. ~ 340A.801, as it may be amended from dme 10 time. This proof
will be filed with the city and the Commls'~loner of Publi<:: Sai'ety. Any liability
immrance polley filed as proof of l'InaocJalrespOlliSlbillty under this S.ection shall
conform to M. S. ~ 340A.409, as it may be amended {{'om time to time. Operation of
a bullin-ess which lB required to be licensed by this ordinance without having on file
with the city at all times effective ptoot' of financial responsibility is II cause for
revocation of the license.
Section 12. UESCRWfION OF PREMISES
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LEAGLE OF 11N C I TI ES
The appiication shall Sp~cifical1y d~scribe the cllmpad and contiguous
premises wld1i1l which liquor may be dispensed and consumed. The description may
not indude any pa.r1(Jng lot or sidewalk.
Secoon 13. APPLICATIONS FOR RENEWAL
#:
At least 90 days before a license Jssued und~ Ibis ordinance is to be renewed,
an application for renewal shall be flied with thE dty. The decisioll whethl\\r or not to
renew a license rests within the soultd discretion of the Coullcil. No licensee has a
right to hav'l the license renewed.
Section 14. TRANSFER OF LICENSE
No license ~ued under this ordinance may be transf<irred without the
approval of the COllDciI. Any tr.msfer of stock of a corporate licensee is deemed 10
be a transfer of the Iicel1lle, and a transfer of stock without prior Counlo1il approval is
a ground for revocation ()f the lilo1ense. An application 00 transfer II licensi! shall he
treated tbe same as an appli.:ation for a newlicell!ll1, and all of the provisions of this
code applying to applications for II license shall apply.
Section 15. INVESTIGA nON
(A) Prelimi1wry backgTlIrmd {IUd ftllanciill investigation. On IIn initial
application for a II.cense, on an appllcatlonfor transfer of a license and, in the sOllJild
dIscretion of the Council !Jlllt it is in the public: interest to do SO, 011 an application
tor renewal of a license, the city shall conduct a preliminary background and
fi_'Rncilll inv~tigatil)n of the applicant or it may contract with the Commissioner of
Publilo1 Safety for the in'l'est:igatioD. The applicant shall pay with the appll<:atlon an
investig-atloll fee ot $SilO which shall he in addition to any license fee. If the cost of
the prelinJinary investigation Is Jess than $500, the unused balance shall be retul'!Jed
to the applicant. The re~u1ts of the prellmlnary investigation shall be sent to the
Couuuissioner of Public Safety If the application is for an on.sale intoxicating liquor
licens'i! or all oil-sale winliillcense.
(B) COmpNihellSiv8 !xJCkgt'QUlld and fitUlncial investigation. If the results of a
preliminary investigation warrant, in tbe sound dis;:retion of the Council, a
comprehensive back~und and financial investigation. the Council may either
condud the investigation Itself or COJltract with the CDmmlil$loner ot Public Safety
for the investigation. The investigation fee for this comprehensive background and
financial investigation 10 be paid by the applicant shall be $500, less any amount
paid fur tile initial investigation if th.e investigation is to be conducted within the
state, and $10,000, less any tlmount paid for the initial investigatioll, if tbe
iU'I'estigation is requlrad outside the slate. The unused balance of the tee shall be
returned to the applicant w nether or not the application is denied. The fee shall be
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FEE-19-2002 10'11
LEAGUE OF 11'1 C I Tl ES
paid in advance of any investigation and the amOunt actually expended on the
investigation shall not be refundable in the event the application is denied. The
results of the comprehensive investigation shall be sent to tbe CoD1lniS$ioller of
Public Safety if lhe application Is for an on sale iutoxicating liquor license or an on
sale wine license.
Sedion 16. HEAlUNG AND ISSlJANCE
The Counc:il shall investigate all facts set out in the application and not
investigated in the preliminary or comprehensive background and financial
invesJ.igationB. Opportunity shall be given to any person to be heard for or again~t
the granting of the license. After the investigation and hearing, the ClIUllcil shall In
its soumldilffiretioa grant or deny the application. No license shaD become effective
until the PlOof of finllndal security has been approved by the Commissioner of
Public Safdy. ~1
Z~ 71;UL4Lj v~ >~$>>I0t/\
Section 17, RESTlUCTIONS ON ISSl.fANCE
(A) Each license sball be issued only to the applicant for the premises
described in the application.
(ll) Not mOl'e than one licelll!e shall be directly or lndll'ectly issued within the
city to any Gne penson.
(C) No license shall 00 granted or renewed fOl' operlltion on any premises on
which taxes, 3SSllS&ll1ents, utility disr;;:es, service charges or otber finandal claims of
the city are delinquent and unpaid.
(D) No Iicmse shall be issued for any pille.! Ol' any business ineligible for a
license under state law.
(E) No license shall be issued to any person who Is not a resident of tile state.
If the appllcant J& a corporation, all of the shareholders shall be residents of the
8tllte. The provisIons of this paragraph shall not apply to any existing license
existing on the effective date of this chapter or to the renewal of an e.'risting license.
(F) No HellnSe shall be granted within 500 feet of any school (,r church. The
distance is to be measured from the closest side of the church to the closest side of
tbe structure 011 the premises within which liquor is to be sold.
Section 18. CONDlTIONS OF LICENSE
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The CaHul''' of a licensee to meet any 0'111 of the conditions of the license
specilled below shall result in a 5uspell5ion of the IIcense UllItil the condition is mat.
(A) Within 91.1 days attar employment, every persOll selling or serving liquor
in an establishlnel1t which has an Hon-sale" license shall receive training regarding
tbe selling nr sel"Vlng of'liquor to customers. Tbe~..fuS sh..& In, I'I",l<ll..Abyllm-
~vOOilytheeou!ttii, Proof of training shall be provided by the
licensee.
(Ii) Every licensee is responsible fOl' the condud of the place of business and
the conditions of sobriety and order In It, The act of any employee on the licensed
premises is deemed the act of the llcensee as well, and the licensee shall be liable to
all penalties provided by tllis ordinance and the law equally witll the employee.
(C) Every licensee shall allow any peace officer, health omcer, city employee,
or any other peil'son designnted by the CoUllcil to conduct compliance ctJecks and u)
otherwise enter, inspect and search the premises of the licensee dUring busiofJ.SS
hl)uro IInd after businesallollr5 during the time wben CIIGtomern remain on the
premises without a warrant.
(D) No ol,.saAe establishment shall display liquor to the public during hours
when the sale of liquor Is prohibited.
(E) Compliance with financial respoll1libility requirements OIl state law and of
this ordinance is II continuine condition ot' any license.
Section 19. HOURS AND DA YS OF SAl:E
(A) The hours of operatlon ,md dllYs of sale shall be those set by M. S. 2
340A. 504, as it lllay be amended frtlm tixne to time.
(B) No person shall consume nor shall anyon-sale licensee permil any
consumption of intoxicating liquor or 3.2 percent malt liquor in an on.sale Ilc~l1Is<i!d
pl'emis~s more than 30 minutes after the time when a sale can legally occur.
Ie) No Oll-sale llccllset shall permit any glass, b..ttle or <lWei" container
containing intoxicating liquol' 01' 3.2 perc~t malt liquor to remain upollllny !.able,
bar, stool or otber place where customers are served, more than 30 minutes after the
time when a sale ean legally o~eul'.
(D) No pel'son, other than the llcemee and allY employee, shaill'emaln un the
on.sale l!l::ensed premises more than 30 minutes after the time when a sale can
legally occur.
(E) Al.Iyviolation ot any conditloiCI of this ,section may be grounds for
revocation or suspension of the license.
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Se<:t.ioo 20, MlNORS ON PREl'viISES
(A) No person undllrthe 8&f of 18 years shall be employed ,in any rooms "fP,t<)
cOllstituting the place in which intoxicating liquors or 3.2 percent malt liquor are I<,,'} ~ i... }(I.-
sold at retail Oil sale, except that perrollls under the.age of 18 may be employed as 71'1-1"
musicians or toperf'orm the duties of a bUll person or dishwashing sel'Vices in places
defined a.<!l a restallraut, hote4 motel or other multipurpose buildine serving food in
rooms in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on
sale.
(E) No person under the age of :n yeal'll may enlel' a licensed establishment
except to work, consume meals on premises that qualify as a restaurant, or attend
social functions that are held in a portion of the premises where liquor Is not sold.
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Section 21. RESTRJICTIONS ON PURCHASE AND CONSUMPTION
NI:I person shall mix or prepare liquol' foc ~olL~umption in any public place of
business unless it has a license to sail on-sale, O~ a permit from the Commissioner of
Public Safety under the provisions of M. S. ~ 3401.414, as it may be amended from
time to time, which has been approv.ed by the Council, and no person shall ~onsumll
liquor in any such place.
, v
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Sution 22. SUS,PENSION AND REVOCATION ,/ 14: kfluM<.
fl1'1"~ ' /11:'-" ~
(A) The Council ~I either suspend for a period not to exceed 60 days or
revoke any liquor license upon finding thaI, the Ikensee has failtd to comply with
any applicable statutRl, re~lation or provision of this ordinance l'elating to liquor,
as provided in (8). Except in case.s of Lapse of proof of fin:mdall"llSponsibility, no
sll5pension or I'tWOOItiOO shall take effect until the licensee has been afforded an
opportunity for a hearing pursuant to the Admlnlstrative Procedures Act, M. S. ~~
14.57 to 14.70,:a~ it may be amended from ttme 10 time. The Council may act as the
hearing body under that act, or It may .::ontract wltb tbe Office of Hea1ting
ExamiDers fuj(' a l1elll'h'1g ot'tlcer.
/cpl'1 :
\. (B) The following lire the minlmum pel'ioda of suspensioQ or re\'ocation
whicti~)ua.l be imposed by the Council for violations of the provisions of this chapter
or M. S. Chapter 340A, as it may be amended from time to time or any rules
promulgated under that Chapter as tbey may be amended from time to time.
Revocations shall occur within 60 days Iollowinllc~ vlolatlo17 for Whicl1 the
revocation is imposed._ -i'~ 7!~~~
For commissitln of a felony related to the licensed IOctivlty, sale of alcoholic
beverages ,vhile the Ii<:ellse is nnde.\' suspension, sale of intoxicating liquor where the
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only license is for 3.2 percent malt liquor; Or violation of ~ 112.04, the license shall
lnl revoked.
The license shall be sUIlpended by the Council after a finding under (A) that the
licensee has failed to comply with any applicable statute, role, or provision of this
chapter [<ir at least the minimum periods as follllws:
FOr the first 'violation within any thl"ee year ptlrlod, at least one day suspension in
addition to any criminal or civil penalties which may be imposed.
For a second Violation within aD)' three year period, at least three consecutive days
suspension In addition to any criminal or civil ptoalties which may be Imposed.
For the third violation within any three year period, at least seven consecutive da)'s
sl!Spension ill additiOll to any criminal or civil penalties which may be imposed.
For a fourth violation within a.n~' thr~ year period, the liceMa shall be revoked.
The council shall select the day or days durinll whicb the license will be suspended.
(C) Lapse of required proof of tinandal responsibility slr..U effect an
immediaUo s\l.5~nsion of any license issued pursuantto this ordinance or state law
without further acuOlI of the Council. Notice of cancellation or lapse of a Cl1l'11'cnt
liquor liability policy shall also constitute notice to the licensee of the Impending
slIlspension of the license, The holder or a license who, has l'llceived notice of lapse of
required insurance or 3( suspension or revocation of a'license may request a hearing
therconand, If a request is madain writing to tIle Clerk, a hearing before the
Council shall be granted within ten days. AllY snspension under this paragraph shall
contirlue until t,h" Council determines that the financial respoll~ibility requirements
of stutlllllw and thi~ ordinance have again been met.
(D) The provisions of Section 29 pertaining to admIlllstriltlve penalty illllY be
imposed in addition till or in lien of any suspension or revocation under this
ordinance,
Municipal Li:;u/JI' Store:;
Seetlok1 23. APPLICATION OF SECTIONS 24 TO 28
Sectioll$ 24 to 28 apply only m a city that has in existence on the etIective
date of this ordinance a municipal liquor store.
Sectioll 24. EXISTING NfUNICI.PAL STORES CONTlNUED
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If the city has in existence on the effective datil of this ordinance a munitCipal
liquor store for the sale of lntQ:dcatlng liquor, the store ill continued. Except as
provided ill SectlOll 28 of tbis ordlnllIltCe, no intoxiClltin: liquor may be sold at retail
elsewhere ill the city.
Stdion 25. LOeA TION
The municipalliqllor stON shall be located at a suitable placllln the city as
the Council determines by motion. However, no premises upon w/1kll taxes,
aslieS!iments or other pub.llc charges are delinquent shall be leased for municipal
liquor storll purposes. The Council shall have the right to establish additional off.
sale and on-sale stores at other locations as it may, from time to time, by motion,
determine.
Section 26. OPERA TION
(A) M(J.1/.ager. The munidpalliquol' store shall be In the immediate charge of
a Llq uor Store Manager selected by the Council and !laid compensation as is fixed
by thill counciL The Manllier shall not be a pel'llOn who woold be prohibited by law
or any provision of this ordinance f!'Om being eligible for an.intoxicating liquol'
, license. The lVIanager shall furnisb a surety bond to the dty, coooitioned Ilpon.the
faithful disCMl'gtl of the duties of the offke, in' a sum as speclfloo by the Council.
The bond pnemiwn may be paid, by the city ol'the Manager, In tbt! discl'etton aithe
Council. The IVIanagel' shall operate the municipal liquor store under the Council's
directlon and s.baU perform those duties in connection with thll stol'e as may be
established by the Council. Tbe Manager shall be responsible to tbe Councillor the
conduct (If the store in full cooo"\)liance with this ol'dinllnce and with the laws
rIllatin:;: to the sale of intoxicating liquor lInd 3.2 percent malt liquor.
OS) Other employees. The Council may al:so appoint additional employrei as
may be requil'ed and shall fix their compensation. All employees, including the
Manager, shallllold their positions at the pleasure of the Council. No pe{$on under
the age of 18 shaD be employed In the store. The Council may l'equire the employees
to furnish surety bQnds conditioned 101' the faithful discharge of their duties In a
sum as specltled by the Council. The premium on the bond may be paid by the city
or the <IlIllployees, as tbe Council determines.
(C) Municipallil}uor store fund. All of the revenues received from the
operation of a municipalliquol' stol'e shall he deposited in a municipalliqllor store
fund from which all oniinary operating expenses, including compensation of the
Manager and employees, shall be paid. Surpluslls accumulating In the fund may be
transt'el'l'ed to the general fund of the city or to any othel' appropriate fu.nd of the
city by resoh!tJoll of tile Council, and may be expended for any muniCipal pUl'pose.
The handling of munlcJpalllquof store l'eceipts and disbursements shall comply
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with th" prucedure prescribed by luw and charter for tbe receiplS and
disbursements of dty funds generally.
(D) Financial statl!me"t. The CoundlshllU provide Witllin 90 days toilowBng
the end of the calendsr year for publication II balance sbeet using generally accepted
a.ccm.mtlng procedures and a statement of operations of the ml.lnicipalliquor store .
for that year. The balance sheet and statement sball be published in acL"Ordance with
the provisions of M. S. lj471.6985, as it may be amended from time to time.
(E) HJ)Zll"S of operatio/l. The hOlUS during which the sllle of lnmxlcating liquor
may be soid aha!! be as pN'iided in Section 19. No person, other than the Manager
Dr a store employee, may I'emain in the munieipalJiquor store longer tlllUl one half
hour aftet,' tllll time when tbll sale of intoxicating liquor must cease.
Section 27. PROOF OF FINANCIAL RESPONSffiILITY
The city shall demonstrate proof of financial responsibility required by
licensees of retllillntoxlcatlng llquol: establishmenl$ under the provisions of M. S.
340A.409, as it may be amended from time to time.
Section 23. ISSUANCE OF' OTHER LICENSES '
(A) On-saw licenses jar tlU! sale a/intoxicating liquor. The CaUDell may issu.e
. in iis sound disd.TetloD on-sale licenses to a club undu M. S. 340AA04, Sllbd. 1,
clause (4), aslt may be lUWlnded from time to time. if the voteIt'S have Guthorized
their Issuance at a special weetlon called lor tbat pl.U'pose, the Council may issue on
il$ sQund discretion .m-sllle liquor licen~s to hotels and restaurants. The number of
on-sale licenses iSSued under tbis section is go'Vel'n<!d hy M. S. 340A.4I3, as it l11lly be
amended from time to :time, as limited by the provisions of this ordinance. The
issuanCll of these licenses is governed by the provisions of this ordinance.
(II) Off-sale licenses far the sale afintoxicating liquor. State law does not
authodze the .issuance of off-sale licenses for the sale of lllto:dcatlng llquor by cities
whicb operate a municipal liquor dlspensl\l1'.
I,C) On- and off-sale 3.2 percellt malt liquor li;;enses. Tbe Council nUl~' issue
3.2 Jltlrcent malt liquor licenses in its sound discretiQu as provided in this ordinance.
PefUllties
Section 29. PENALI'fIES
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(A) AllY person violating the provisions of this chapter or M. S. Chapter
340A, as it may be amended from time to time or any rules promulgated under that
Chapter is gul.ity of a mlBdemeanor and upon conviction shail be punished as
provided by law.
(B) The Council shall impose a civil penalty of up to $2,000 for each violation
of M. S. Chap~r 340A and of this omlnnnc\! as provided by the minimum schedule
of preswnptive civil penalties. These civil penalties shall be in addition to any
criminal penalties imposed under (A) or any suspension or revocation imposed
under Section 22. Conviction of a violation in a court of law is Dot requll'ed in order
for the Council to impose the civil penalty. A hearing under the Adminlstrative
Procedures Act, M. S. ~ ~ 14.57 to 14.70, as it may be amended from time to time, is
not required before tile penalty ill imposed, but the Council shall hold a hearin: on
the proposed vi<)Jation and the proposed penalty and ileal' any person who wishes to
speak. Non-payment of the pemdty is grounds for suspension or Il"'lvocalion of the
license. The following is the minimum s<:hedule of presumptive civil penaltilll$ in
addition to any suspensions which must be imposed unless tll.. license is revoked:
For the l'ill"st violation withJn any three year period, $500.
FO.f the second violation within any tbree year periad, $1,000,
ll'or the third,and subsequent violations within any three year period, $2,000 foll'
each violation.
(e) Tile ternl "violation" .15 used in this section and in Section 22 includes
au)' and all violations of the provisions (If this chapter, or of M. S. Chapter 340A, :lIS
it may be amended from time to time or any rules promulgated under that Chapter
as they may be amended from time to time. The number or violatIons shall b~
determined OIl the bllliis of the history of "lolatiolls for the pre<:edlng lhree year
period.
EfJective date and summary publication
Section 30. EFFECTIVE DA TE
This ordinance becomes effective on the dale of its publication, or UPOll the
publication of II summary of the ordinance as provided by M. S. ~ 412.191, subd. 4,
as it may be amended from time to time, which meets the requirements ofM. S. ~
331A.Ol, subd. 10, as it may be amended from time to time.
Section 31. SU1\il:MARY APPROVED
The Council hereby determines that the text OJf t,he summary of this ordinance
mar~d "OMciaJ Summary of Ordinallce No. _, " and a copy of which is attached
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to this ordinan~e, clearly infor:am tile pub.li( of the intent :and affect of this
ordinat.u:e. Tbe Cound) further determines tbat plUbli~tion of lbe title aDd tbis
summary will dearly Inform the public of the intent and effect of this ordinance.
The Clerk shall file a copy of this ordinance and the summary in the Clerk's office
which shall available fl'lr inspection fly any person durin!: regular office hours. A
copy of the ordinance shail be available in the COlllnlu.nity library. If there is on!!, or
if not, in any other puolic l~tion which the council designates.
Passed by the Council tbis
day of
,--.-.
Mayor
Attested:
Clerk
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PUBLICATION OF A SUM:l\1ARY OF
THE ORDINANCE REGULATING
THE POSSESSION, SALE AND CONSUMPTION OF
INTOXICA TING AND 3.2 PERCENT MALT LIQUOR
WITHIN THE CITY OF , MINNESOTA.
Cities wishing to publish Ii summary of this ordinance
instead of publishing the entire ordinance
should be familiar with the following information.
Statutory cities may publish a summary of lengthy ordinances instead of the
complete ordInance, as provided by Mlnnesota Statutes ~ 412.191, subd. 4, but the
summary must meet the requirements of Minnesota Statutes S 331A.Ol, 8ubel.10.
Before drafting, adopting and publishing a sum.mary of an ordinance, the city
should review the statutory provisions reproduced below:
Minnesota Statutes ~ 412.191, Subdivision 4, provides in part 3S follows:
"In the ca$e of lengthy ordmances, or O,fdlnalll:es which ioclude char!.:lor maps,!!
the dtv council determlnes that publication of the title and II SUmmarY of an
ordinance would clearlv inform the nublic of th~ illtent and effect of the ordinance.
the clluncilllUlv !ly II f(/ur.tifths vote of Us members dinct that only the title of the
ordinance and a summarv be Dublished. confonniDl! to section 331.<\..01. subdivision
10. with nQtice that a Donted COllY of the ordinance Is avallahle for insDectlon bv
llIl.'I: person durln2 r~lar office hours at the omce of the dtv clerk and an'\' other
location which the council desilmates. A copy of the entire text o( the orllinance shall
be posted in the community library, if there is one, or if not, in any other public
location wb.lch the council designates. Prio!' to the publication of the titll\ and
summary the council shall apllrove the text of the 8\Jtnl1tID'V and determine that it
clearlv informs the public of the intent and effect of the or:clinance. The pubHshing
of the title and summary shall be deemed to fulflU all legal publication requirements
llS completely as if the entire ordinance had been publisbed. The text of the
summary shall be published in a body type no smaller than brevler or eight-point
type. Proof of the puhlication shall be attached to and nIed with the ordinance."
(emphasis added)
Minnesota Statutes ~ 331A.Ol, subd. 10 reads in part:
"'Sumll1arY' means an accurate and intellll!ible abstroct or synonsis of the essential
elements of Pfoceedin!:!s, ordinanceIl. re:!olutions. and other official actions. It shall
be written in a dear and coherent manner. and shall. to the extent possible. avoid
the IIse of technical Oil" lelZal terms not l!enerallv famlllar to the public (emphasis
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added). When Ii summary is published, the publication shall clearly indicate that the
published material ill only a summary and that the full tem is available for public
inspection at a designated location. A sunnnary published in conformity with this
section shall be deemed to fulfill all legal publication reqUirement" 3!S completely as
if th~ entire matter which was summarized bad been published. No liability shall be
asserted against the lllcal public corporation in connection with the publlcatlon of a
summary or agenda."
The followinll: is II suggested summary of this ordinance. The summary of the
ordinance adopted by the city should be reviewed by the city attorney before it is
adopted by the cOllllci1.
III order tu fully inform the public of the nature of any conduct that is prohibited,
portions of the summary set out the provisions of the ordinance in grelltel' detall
than those dealing wltb. thllllquor jieell$in~ process.
OFFICIAL SUMMARY OF ORDINANCE NO. __,
AN ORDINANCE REGULATING
THE POSSESSION, SALE Al'lD CONSUMPTION
OF INTOXICATING AND 3.2 PERCENT MALT LIQUOR
WI1'HIiV THE CITY OF __ . , MINNESOTA
The following is the official summary of Ordinance No.~. which was passed by tile
city Council on _,
A !lriuted copy af this ordinance is aVlililahie for inspedion by any perscn at the
omee of the city cIerI\: durin!: normal business hours, and at 1I1e community libra.y,
If there Is one, or if not, in lIny other public location whkh the council designates.
'The ol'dinance regulating the possl::lsion, sale and consumption ofinroxiClIting and
3.2 perc-ant malt liquor within this city cOlltains the fOJlowingprovisiol1s.
Section 1 adopts Minnesota Statutios Chapter 340A, lis it may be amended from time
to time, by reference.
Sectioll 2 permllii the dty to be mo~e restrictive than ~tate law concerning the sale
and possession of alcoholic beverages.
S~tiOil .3 defines "liquor" and "restallrant" as those terms are tlIJed in the
ordinance.
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FEE-19-2002 10'17
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"
Section 4 makes it is unlawful for any licensee to permlt or allow any person or
persons on tIle licensed premises whenlhe person does not have his or her buttocks,
anus, breasts and genitals covered with a non-transparent material. It is unlawful
far any person w be on the licensed premises when the person does not have his or
her buttocks, anus, breasts and genitals covered with II non.trantlparent material. A
violation of this section is a miJlderneanor punishable as provided by law, and Is
justiftcation for revocation or suspension of any liquor, wine or 3.2 percent malt
llquor license or the imposition of a civil penalty under the provisions of SEction
29(B) of this ordinance,
Section 5 provides that no person Shall consume intoxicating liqUor or 3.2 percent
malt liquor in a public park, on any public street, sidewalk, parking lot or alley, or
in any public pla~e other than on the premises of an establishment licensed under
this ordlnanCll, in a muni~iPllniquor dispenslllj' if one exilits in the dty, or where the
c(lRsllmptIDn Ilnd display of liquor is lawfully permitted.
Section (i limits the number of license ,vhich may be issued.
Section 7 establishes the term and expiration dates for l.lcens.e.s.
Section 8 establishes the kinds of Ih:enses w Jlicb may be issued IHere the city should
list the specific licenses authorized by the o.nlinancej.
Section 9 llu1bod.es the establishment of Ii~ense fees by ordinance or resolution.
Section 10 permit! the Council, in its sound discretion, to gr:mt or deny appli~tions
for licenses, or for the transfer or renewal of any license.
Section 11 describes the information required in an application for a license.
Secllon 12 ""quires a specific description of the premises to be licensed.
Section 13 provides tliat applications for renewal of Ii~ense~ must be flied alleast 90
days befQre the date of e:.:plration, and permits the councll in Its sound discntlon to
renew ar not renew a Ikense.
Section 14 );!>l"ohibits the transfer of ..license wltho\lt CauDeil approval.
Section 15 requires backgroulId and {mancial investigations of applicants for a
Ilcense, renewal of a license or transfer of a license.
Section 16 provides for a hearing on the issuance of a license.
Se..:tion 17 establishes restrictions on the issuance of a license.
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Section 18 <establishes the cQnditiolls of a liquor license that 3 Iiclill:llee must follow to
avoid Suspllllsion or I'IlVoclltion. The failure of a licensee to meet anyone of the
conditions of the license specified below shall result in a. suspension of the license
llnti! the condition ill met.
Wilhin 90 days after employment, every person seUlng or serving liquor in
an establishDl<:!llt which 113$ an "on,.sale" license shall re.::eive training regarding the
selling or serving of llquor 10 customers. The training shall be pro'Vided by an
organization approved by the Council. Proof of training of the servers shall be
provided by the licensee.
Every licemee ,is responsible for the conduct of lhe place of business and the
conditions of sobriety and order In It. The act of any employee on tile !iJCl:'JIlled
premises is deemed the act of the licensee as well, .md the licensee shall be liable to
all penalties provided by this ordinance and the law equally with the employee.
Every licensee shall allow any peace officer, health otficllr, city emploYe(!, or
any otheJ:' person deSignated by the Council 10 conduct compliance checks and to
otherwise enter, inspect and :;earch the premises of the licensee during business
hours and after business hours dUJ:'ing the time when I:IlstDlners remain on the
premises with,JUt a warrant.
No on-sale establishment shall dlsl>lay liquor to the public during hours when
the sale ofllq DOris pl'ohiblted.
Compliance with financial irespoWlibility requirements Qt' state law and of
this ardinance Is a continuing condition of any license.
Section 19 est.ablishes the hours and days of sale wblc:h are cOWlistent with those
establi:lhed by state law. In additiOll, the ordinance provides tbat:
No pe",~on shall conSllmll nor shallllny on-sale licensee permit any
consumption of intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed
premises m,lee than 30 minutes after the time when a sale can legally occur,
No on-sale licensee shall permit any glass, bottle oe otber tunbinel'
containing intoxkating Iiqoor or 3.2 percent malt liquor to rlllllain upon any table,
bar, stool or other place whero: .:ustomers are served, mllre than 30 minutes aftel' the
time when a sale can legally occur.
No person, other than the licensee and allY employee, shall remain on the on.
sale licensed premises more than 30 minutes after the time wben a sale can legally
Occur.
S<;cUon 20 prohibits minors anti underage persons on licensed p,'ernises except
under certain conditioWl.
11
P.22/24
,
FEB-19-2002 10:19
LEAGUE OF I'N CITIES
No person under the age of 18 years shall be employed in any l'IJoms
constituting the plaCte in which intoxicating liquors or 3.2 percent malt llquOl' are
sold at retail on sale, ellcept that perSOI1ll under the age of 18 may be employed as
musicians or to perform the duties of a bllS person or dlshwl\shlng services in places
detlned as a restaurant, hotel, motel or other multipurpose building serving food in
rooms in whidt intoxicating liquors or 3.:2 percent malt liquor are sold at retail on
sale.
No person undef the age of 21 years may enter a lic~nsed establIshment
except to work, consume meals on premises that qualify as a rest:ulrant, or attend
social. flllnctions that are held In a portion of the premises where liquor is not sold.
Section 2lprohfbits persons from mixing or preparing liquor for consumption in
any public place of business un!l!ss it bas a JlceD.S.ll or pel'l1lit.
S~ctioll 22 establbhes the cJr~llmstanc",s and proclldurf!l for suspension aod
revocation of a license. 'The Council is required t<J either slIspend for a period not to
exceed 611 days or revol(e any liquor license upon tindJlllg IlIat the licensee has failed
to comply with any applicable stlltute, regulation Of provision of this ordinance
relatbtg to liqUor. Lapse of requited proof of financial respollslblllty shall effect an
immedIate suspension 'If any license issued pursuant 'k> this ordinance or slate law
without further action of the Council. Notice of cancellation ar lapse of a current
liquor liability policy .shal1l1lso constitute notice to the lieensee of the Impending
suspension of the': license. A ~chedllle of minimum periods of suspension and for
revocation is established.
Section 23 provides :that Sections 24 to 28 apply to cities with lIIunicipall1quor
stores. [Noto: CIties that do not han It municlpalliquor store should delete these
sections before adopting this ordinance, but not renumbllr Sections 13 to 28. Instead
a notation should be indurled in the summary of the ordinance indicating that
"Sedlolls 23 to 28 are reserved for future use." This is so that the reader of the
ordinance will uot be confused by the absenc\! of thel:le sections].
Section 24 provides for the continuance of municipaIliquor stores.
Section 25 provld<!$ for the location a[ municipal liquor stores.
Section ::16 provid\!s for the operation of mUllidpalliquor stores.
Section 27 proYld~s for proof of fmancial responsibility of mul1icipalliqufll' srores.
Section 28 provides for the issuance of other licenses by cities with municipal iiquor
stol'es.
22
P. 23/24
FEB-19-2~02 1~: 19
LEAGUE OF ~~ CITIES
P.24/24
Section 29 pro,'ides for penalties for violating this ordinance, including a schedule of
civil penalties_
Section 30 establishes tbe ~ft'edive date af the ordinance wllich is the date of the
publication of this sUlllxllluy of the ordinance.
Section 31 "pprons this munmary of the ordinance_
This sommary was approved by the City Council of
on
, l\1innesota,
Mayor
Attest:
City Clerk
13
TOTAL P,24
To: Centerville City COlll1cil
City of Centerville
From: Richard DeFoe
Waterworks Beach Club
Thank-you lor taking the extra time needed to meet with the license holders of
Centerville. At the close of that meeting, you asked for our input regarding the liquor
ordinance.
As a license holder, I very much appreciate your willingness to review the
existing ordinance. I am in agreement with the representatives f)'om the state licensing
board tMr. Erickson <Uld Mr. McManus) who advised us to concentrate on the problem
that brought everyone to the meeting in the first place.
An effective solution may be to draft a clarification letter to be attached to all
license applications when they are mailed out to perspective licensees. This would be an
inexpensive way to clear up any misunderstanding about the application process and
could include the deadline for accepting applications and thc date of the council meeting
lor considering the application.
As far as adopting a new liquor license ordinance, I am in favor 0 f no action at
this time, for the following reasons:
I) The current ordinance gives the city council substantial leeway when dealing with
license-holders. I think the current system promotes healthy commlmication
bctwecn the existing council and its license holders. The city also enjoys the
ability to be as harsh as necessary when dealing with violations. I think this is an
enormous advantage lor the city.
2) There seem to bc many issues that may be higher on the council's agenda <md a
more appropJiate use of funds at this time.
In closing, I wOLlld again like to thank the city for taking time to include the license
holders in this process. I hope that the above suggestion will provide an effective
solution, while using a minimal amount of the city's time, encrgy and tax dollars.
Respecttitlly,
c"~~ vLiJ t:L ~
Richm'd DeFoe
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March 18, 2002
I'vfr. Paul MDntain
Trio Inn
7082 Centerville Road
Centerville, MN 55038
Dear Mr. Montain:
Council has scheduled the next liqllor policy worksession tor Monday, April 8, 2002 at
6:30 p.m. at City Hall. The purpose tor this worksession is to begin to develop a liquor
policy tor the City ofCenterville. The Council is again extending an invitation to you to
participate in the development 0 ['this proposed liquor ordinance. Your input is very
important to the process.
The City COLmcil has expresscd an interest in using the Leaguc of Minnesota Cities'
model policy as a basis for the City's ordinance. A copy of the model policy was
included in the packet that you reccived tor thc January worksession but we have
included another copy under cover of this lcttcr for your convenience.
If you have any questions, pleasc li:el jiee to contact me at City Hall, 429-3232.
Sincerely,
l' /7
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Kim Moore-Sykes 6
City Administrator
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March 18, 2002
Mr. Ken Vanderbeek
Wiseguys Pizza, Inc.
7095 - 20'h Avenue South
Centerville, MN 55038
Dear Mr. Vanderbeek:
Council has scheduled the next liquor policy worksession for Monday, Ap,'i] 8, 2002 at
6:30 p.m. at City Hall. The purpose lor this worksession is to begin to develop a liquor
policy tor the City ofCenterville. The Council is again extending an invitation to you to
participate in the development of this proposed liquor ordinance. Your input is very
important to the process.
The City COlU1Cil has expressed an interest in using the League of Minnesota Cities'
model policy as a basis for the City's ordinance. A copy of the mode] policy was
included in the packet that you received tilr the January worksession but we have
included another copy under cover of this letter tor YOlU' convenience.
[fyou haw any questions, please leel ti'ee to contact me at City Hall, 429-3232.
Sincerely,
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! KimlvIoore-Sykes
City Administrator
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March 18, 2002
Mr. Rich DeFoe
Waterworks Beach. Club
7281 Main Street
Centerville, MN 55038
Dear Mr. DeFoe:
Council has scheduled the next liquor policy worksession tor Monday, AprilS, 2002 at
6:30 p.m. at City Hall. The purpose tor this worksession is to begin to develop a liquor
policy tor the City ofCenterviUe. The Council is again extending an invitation to you to
participate in the development oftrus proposed liquor ordinance. Your input is very
important to the process.
The City Council has expressed an interest in using the League of Minnesota Cities'
model policy as a basis tor the City's ordinance. A copy of the model policy was
included in the packet that you received tor the January worksession but we have
included another copy under cover of this letter tor your convenience.
If YOll have any questions, please lee! li'ee to contact me at City Hall, 429-3232.
Sincerely,
/' .'J
..-.-.-./ -:/) J' 1/
( __Ai.':.<- ) '- /'
-----~/ /~fV-- / }i-tJ-ira - )i?J" ".ja.;---
Kim Moore-Sykes / 'I
City Administrator
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Nlarch 18, 2002
Mr. T~rry Sager
Sager Liquor
7093 - 20th Avenue South
Centerville, MN 55038
Dear Mr. Sager:
COlUleil has scheduled the next liquor policy worksession tor Monday, April 8, 2002 at
6:30 p.m. at City HalL The purpose lor this worksession is to begin to develop a liquor
policy tor the City of Centervilk. The Council is again extending an invitation to you to
participate in the development of this proposed liquor ordil1anc~. Your input is very
important to the process.
The City Council has expressed ,m interest in using the League of Minnesota Cities'
model policy as a basis lor the City's ordimmce. A copy of the mode! policy was
inc!ud~d in the packet that you r~ceived lor th~ Janu1.U'Y works~ssion but we have
included another copy under cov~r of this letter l()r your conven.ience.
lfyoll have any quesTions, pl~ase lee! free to contact me at City Hall, 429-3232.
Sincer~ly,
-,
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{~:?~'''~ //{zrfl2i!. - ){;,(}t1kJ--
Kiln Moore-Sykes / /
City AdministratOl'
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March 18, 2002
Mr. . Bill Bisek
KeJly's Comer
7098 CentcrviJle Road
Cenlerville, MN 55038
De:u' Mr. Bisek:
Council has scheduled the next liquor policy worksession tor Monday, AprilS, 2002 at
6:30 p.m. at City Hall. The pw'pose tor this worksession is to begin to develop a liquor
policy tor the City of Center vi lie. The Council is again extending an invitation to you to
participate in the development ot'this proposed liquor ordinance. Your input is very
important to the process,
The City Council has expressed an interest in using the League of Minnesota Cities'
model policy as a basis tor the City's ordinance. A copy ofthe model policy was
included in the packet that you received tor the January workscssion but we have
included another copy under cover ot'this letter tor your convenience.
[f you have any questions, please leel fi'ee to contact me at City Hall. 429-3232,
Sinceruly, ,'~
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Li . .
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t'''':/ I I
Kim Moore-Sykes .
City Administrator
(Ord. No. 17556,9 1,4-28-86; Ord. No. 17657,9 14,6-8-89; Ord. No. 17675,9 1,8-22-
89; Ord. No. 17694, 92, 11-7-89; Ord. No. 17756, 9 1, 8-7-90; Ord. No. 17924, 99 2, 3,
5-7-92; C.F. No. 92-1929, 91,2-9-93; C.F. No. 97-1445, 91,12-30-97; C.F. No. 98-866,
9 1, 11-4-98)
Violations
DATE LICENSEE CITY FINE DUE DATE OFFENSE
CLOSED
7/19/01 Bottle Shop Spicer $200.00 8/8/01 8/6/01 purchased
retail
7/19/01 Bodean's T enstrike $200.00 8/8/01 8/8/01 purchased
retail
7/19/01 Tommy's Detroit Lakes $200.00 8/8/01 8/9/01 illegal off sale
8/10/01 Paradise Island Austin $200.00 8/30/01 8/14/01 purchased
retail
sale to retailer
8/10/01 McDonald Dist Rush City $200.00 8/30/01 8/15/01 w/o buyers
card
7/19/01 Broken Spoke Big Lake $200.00 8/8/01 8/20/01 purchased
retail
Pioneer purchased
8/10/01 Lanes/Papa Wabasha $200.00 8/30/01 8/23/01
Tronnios retail
8/17/01 Mount Kato Mankato $500.00 9/6/01 8/29/0 1 selling/serving
to minors
8/22/01 Coach light LeSueur $200.00 9/11/01 9/7/01 unlicensed
Supper Club sale
8/28/01 Spikers Beach Fridley $200.00 9/17/01 9/7/01 purchased
Club retail
Kuether sale to retailer
8/28/01 Distributing Mpls $200.00 9/17/01 9/10/01 on Lqr
Posting
East Side sale to retailer
8/28/01 Arden Hills $1,000.00 9/17/01 9/17/01 on Lqr
Beverage Posting
Course minors
11/7/01 Starks Saloon Eagan $500.00 11/27/01 11/14/01 selling/serving to
minors
11/7101 OasIs Market #576 Eagan $500.00 11/27/01 11/20/01 selling/serving to
minors
11/7/01 Kwil, Trip #662 Eagan $500.00 11/27/01 11/20/01 selling/serving to
minors
11/7/01 Don Pablo's Eagan $500.00 11/27/01 11/20/01 selling/serving to
minors
11/7/01 Sidney's Eagan $500.00 11/27/01 11/20/01 selling/serving to
minors
11/7/01 Que Viet II Eagan $500.00 11/27/01 11/20/01 selling/serving to
minors
11/7/01 Rainbow Foods Eagan $500.00 11/27/01 11/21/01 selling/serving to
#15 minors
11/7/01 Holiday Eagan $500.00 11/27/01 11/21/01 selling/serving to
Stationstore #232 minors
11/7/01 Hilton Garden Inn Eagan $500.00 11/27/01 11/26/01 selling/serving to
Eagan minors
11/7/01 Silver Bell Liquor Eagan $500.00 11/27/01 11/26/01 selling/serving to
minors
'1117/01 Old Chicago Eagan $500.00 11/27101 11/26/01 selling/serving to
minors
11/7/01 Dragan Place Rest Eagan $500.00 11/27/01 11/27/01 selling/serving to
minors
11/7/01 Cherokee Sirloin Eagan $500.00 11/27/01 11/27101 &elling/serving to
Room minors
11/7/01 Total Mobile Conv Eagan $500.00 11/27/01 11/29/01 selling/serving to
Store minors
11/7/01 Hong Wong Rest Eagan $1,000.00 11/27/01 11/29/01 selling/serving ta
mmors
11/7/01 Oasis Market #594 Eagan $500.00 11/27/01 12/10/01 selling/serving to
minors
11/7/01 Joe Senser's Eagan $500.00 11/27/01 12/6/01 selling/serving to
Sports Grill minors
11/7/01 MGM Liquor Eagan $500.00 11/27/01 12/10/01 salling/serving to
Warehouse minors
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Sec. 1.05. Penalty.
(a) Ordinance violations, Any person violating any provision of the Legislative Code
shall be guilty of a misdemeanor, and upon cO!l~tiolbthereof may be punished by a fme
not to exceed seven hundred dollars ($700,00)Wby9mprisonment for a term not to
exceed ninety (90) days, or both, regardl6s of whether a lesser penalty is fIxed or
provided for by a particular ordinance, including but not limited to reductions or stated
maximums for early payment offmes. Notwithstanding the foregoing, any person
violating a section of the Legislative Code which provides a penalty of a fine only shall
be guilty of a petty misdemeanor, and upon conviction thereof may be punished as
provided by that section, but in no event to exceed two hundred dollars ($200,00).
Nothing herein is intended to or shall have the effect oflimiting the power of the
judiciary to establish and use recommended fIne schedules for violations of provisions of
the Legislative Code.
(b) Maximumjines after August I, 2000, Notwithstanding subsection (a) above, on and
after August I, 2000, the maximum allowable tine for a misdemeanor shall be one
thousand dollars ($1,000.00), and the maximum allowable tine for a petty misdemeanor
shall be three hundred dollars ($300.00).
(c) Ordinances identical to state law. Notwithstanding any other provision of the
Legislative Code to the contrary, the ptmishment tor violation of any ordinance which is
identical (except tor the punishment provided therein) to a Minnesota statutory provision,
shall be as provided in the said Minnesota statutory provision.
(Code 1956, ~ 500.05; C.F. No. 00.573, g 1,7.5.00)
Sec. 1.06. Liability for ordinance violations of another.
(a) A person is criminally liable tor a crime committed by another if he intentionally aids,
advises, hires, counsels or conspires with or otherwise procures the other to commit the
cnme.
(b) A person liable under paragraph (a) is also liable tot any other crime committed in
pUl'suance of the intended crime if reasonably foreseeable by him as a probable
consequence of committing or attempting to commit the crime intended.
(c) A person who intentionally aids, advises, hires, counsels or conspires with or
otherwise procures another to commit a crime and thereafter abandons his purpose and
makes a reasonable effort to prevent the commission of the crime prior to its commission
is not liable if the crime is thereafter committed.
(d) A person liable under dlis section may be charged with and convicted of the crime
although the person who directly committed it has not been convicted or has been
convicted of some other degree of the crime or of some other crime based on the same
act.
.
'J
"
/
leaving premises with alcoholic beverage.
(10) Failure to make application for license renewal prior Fine
to license expiration date.
(II) Sale of intoxicating liquor where only neense is lor Fine
nonintoxicating liquor.
(I2) Failure to comply with statutory, and ordinMce 10
requirements for liability insurance.
6 18
Revocation
6 18
Revocation
Revocation NA
NA
For those violations which OCClU' in on-sale intoxicating liquor establishments listed
above in numbers (3), (4), (5), (6), (8), (9), (10) and(ll), which would be a first
appear<mce not involving multiple violations, a fine shall be imposed according to the
following schedule. For those violations which occur in on-sale intoxicating liquor
establishments listed above in numbers (3) and (4), which would be a second appearance
not involving multiple violations, the fine amounts set forth below shall be doubled.
Seating capacity 0--149. . . . $ 500.00
Seating capacity 150 and over. . . . 1,000.00
For those violations which occur in ot1~sale intoxicating liquor establishments listed
above in numbers (3), (4), (5), (6), (8), (9), (10) and (ll), which would be a tirst
appearance not involving multiple violations, a tine shall be imposed according to the
following schedule, based on the square footage of the retail area of the establishment.
For those violations which occur in off-sale intoxicating liquor establishments listed
above in numbers (3) and (4), which would be a second appearance not involving
multiple violations, the tine amounts set forth below shall be doubled.
5,000 square feet or less. . . . $ 500.00
5,00 I square feet or more. . . . 1,000.00
A licensee who would be making a first appearance before the council may elect to pay
the tine to the Office of License, Inspections and Environmental Protection without an
appearance before the council, unless the notice of violation has indicated that a hearing
is required because of circumstances which may warrant deviation from the presumptive
penalty. Payment 0 f the recommended tine will be considered to be a waiver of the
hearing to which the licensee is entitled, and shall be considered an "appearance" for the
purpose of determining presumptive penalties for subsequent violations.
(c) Multiple violations. At a licensee's tirst appearance before the city cOlmcil, the cOlillcil
shall consider and act upon all the violations that have been alleged and/or incorporated
in the notices sent to the licensee under the administrative procedures act up to and
including the tormal notice of hearing. The council in that case shall consider the
presumptive penalty tor each sllch violation under the" I" Appearance" column in
paragraph (b) above. The occurrence of multiple violations shall be grounds for departure
from such penalties in the council's discretion.
,
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(g) Effect of responsible business practices in determining penalty. In determining the
appropriate penalty, the council may, in its discretion, consider evidence sllbmitted to it
in the case of uncontested adverse actions or submitted to a hearing examiner in a
contested hearing upon which tindings of fact have been made that a licensee has
followed or is likely to follow in the future responsible business practices in regard to
sales to intoxicated persons and sales to minors.
(I) For the purposes of service to intoxicated persons, evidence of responsible business
practices may include, but is not limited to, those policies, procedures and actions that are
implemented at time of service and that:
a. Encourage persons not to become intoxicated if they consume alcoholic beverages on
the defendant's premises;
b. Promote availability of nonalcoholic beverages and food;
c. Promote safe transportation altematives other than driving while intoxicated;
d. Prohibit employees and agents of defendant from consuming alcoholic beverages while
acting in their capacity as employees or agents;
e. Establish promotions and marketing etforts that publicize responsible business
practices to the defendant's customers and community;
f. Implement comprehensive training procedures;
g. Maintain an adequate, trained number of employees and agents for the type and size of
defendant's bnsiness;
h. Establish a standardized method for hiring qualified employees;
i. Reprimand employees who violate employer policies and procedures; and
j. Show that the licensee has enrolled in recognized courses providing training to self and
one (1) or more employees of the licensed establishment in regard to standards for
responsible liquor service.
(2) For the purposes of service to minors, evidence of responsible business practices may
include, but is not limited to, those listed in subsection (l) and the following:
a. Management policies that are implemented at the time of service and that ensure the
examination of proof of identification (as established by state law) for all persons seeking
service of alcoholic beverages who may reasonably be suspected to be minors;
b. Comprehensive training of employees who are responsible for such examination
regarding the detection oHalse or altered identitication; and
c. Em'ollment by the licensee in recognized courses providing training to selfand one (I)
or more employees of the licensed establishment in regard to stm1dards for responsible
liquor service.
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE 2000-337
AN ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA,
ESTABLISIllNG CHAPTER 148 OF THE HUGO CITY CODE, PERTAINING TO
VIOLATIONS OF LIQUOR LAWS IN LICENSED LIQUOR PREMISES; THE
RESPONSIBILITY OF LICENSE HOLDERS FOR ILLEGAL ACTIVITY; AND
DIRECTING THE ESTABLISHMENT OF A SCHEDULE OF ADMINISTRATIVE
OFFENSES AND PENALTIES TO BE SET BY CITY COUNCIL RESOLUTION
The City Council of the City of Hugo, Washington County, Minnesota, does hereby ordain
as follows:
148.01
148.02
148.03
148.04
Every licensee shall be responsible for the conduct of the licensee's place of
business and the conditions of sobriety and order in it, as required by Minnesota
Statues Section 340A.501, and Hugo City Code Chapter 150, Section 10, Subd. 6.
The act of any employee of the licensee is deemed to be the act of the licensee, and
the licensee shall be liable for the administrative penalties imposed by this Section.
Any violation of the Minnesota liquor laws, including, but not limited to M.S.
Section 340A and City Code Chapter 150, as are listed as administrative penalties
on the Resolution authorized herein, shall be deemed to be an administrative offense
of the licensee, and dIe licensee shall be subject to the administrative penalties set
forth in the Schedule of Offenses and Penalties described herein.
The use by the City of the administrative process for handling alleged violations of
the liquor laws is non-exclusive of any other available legal remedy. Each and
every possible such legal remedy shall be clUTIulative and in addition to every other
remedy at law or in equity, in dl.is State. No delay or omission to exercise any right
or power accruing to the City shall impair any such right or power, or shall be
construed to be a waiver thereof, but any such right or power may be exercised from
time to time and as may be deemed to be proper and expedient in the circumstances.
The Sheriff or any Deputy, or any other person employed by the City, authorized by
the City and having audlOrity to enforce this section shall, upon determining that
there has been a violation of the liquor laws, notifY the licensee of the alleged
violation. The notice shall set forth the nature, date and time of violation, the
amount of the scheduled administrative penalty, and the period of any license
suspension or revocation.
148.05
148.06
148.07
148.08
148.09
148.10
~
Once such notice is given, the alleged violator shall, within thirty (30) days of the
time of issuance of the notice, pay the amount set forth on the Schedule of Penalties
for the violation, or the alleged violator may request a hearing, in writing, as
provided in Section 148.06. The penalty shall be made payable to "The City of
Hugo" and may be paid in person or by mail. Payment shall be deemed to be an
admission of the violation.
Any licensee contesting an administrative penalty or suspension or revocation may,
within seven (7) days of the time of issuance of the Notice of Violation, request a
hearing before the City Council, who shall conduct a hearing to determine if a
violation has occurred. Any such hearing shall be conducted pursuaot to the
provisions of Hugo City Code Chapter 232 (the Civil Penalty Ordinance). The City
Council shall have the authority to dismiss the violation, if not proved, or reduce or
waive the penalty for good cause shown. If the violation is sustained by the City
Council, the violator shall pay the administrative fme imposed and the violator's
license shall be suspended or revoked as provided in this Ordinance.
If the Council imposes a civil fine, the Council shall also allow the I icensee a
reasonable time to pay the fme. A "reasonable time to pay" means that all fines
shall be paid within sixty (60) days unless the Council determines that a longer
period of time is justified under the circumstances of the case. Failure of a licensee
to pay a fine within sixty (60) days (or within the time otherwise allowed by the
Council) shall cause that license to become inunediately suspended until full
payment is received by the City Clerk. Any license holder who has had their license
suspended or revoked pursuaot to any of the terms of this Ordinance, shall not be
allowed to operate until the license is reinstated. Any operation during a period of
suspension or revocation shall be deemed to be an additional violation of the terms
of the license.
The City Council shall adopt, by Resolution, a Schedule of Offenses and
Administrative Penalties to be imposed upon the commission of a scheduled
offense. Said Schedule and/or penalties may be amended from time to time at the
discretion of the City Council.
No licensee whose license has been revoked shall have the right to apply for a new
license within the City for a period of one (I) year after the date of revocation, nor
shall such licensee be entitled to any refimd of the aJUluallicense fee paid to the City
for the issuance of the license.
If the Commissioner of Public Safety has imposed a civil tine or suspended or
revoked the license of the licensee for the same act, imposition of any additional
penalty by the City is not precluded provided that the total fine, suspension or
revocation does not exceed the maximum allowed by Minnesota law.i
2
.~
148.11
148.12
148.13
Any suspension or revocation for violation of liquor laws applies only to the liquor
license, and not to the food license or other license held by the license holders.
Additionally, all license holders will be deemed, for the purpose of tlllS Ordinance,
to have no prior violations at the time of the enactment of this Ordinance.
If any portion of this Ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions thereof.
This Ordinance shall be in full force and effect from and after its passage and
publication according to law.
Passed and adopte~he City Council of the City of Hugo, Washington County,
Minnesota, this rs,.e/. day of .~ ,2000.
Altest:
t>1J/.JJJ:.,;! ~,~
Walter L. Sloltzman, ayor
~ ~~?fV
Mary Creager, City Cler
3
....
RESOLUTION 2000-4
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION SPECIFYING RECOMMENDED CIVIL PENALTIES FOR LIQUOR LAW
VIOLATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO,
WASHINGTON COUNTY, MINNESOTA AS FOLLOWS:
I. City of Hugo Ordinance No. 2000-337 authorizes and directs the City
Council to establish a Schedule of Offenses and Administrative Penalties to be imposed upon the
condition of certain designated liquor law violations.
2. Offenses which may be charged as administrative offenses pursuant to City
Ordinance No. 2000-337 and the penalties for such offenses and any additional offenses occurring
within each calendar year are as follows:
TYPE OF VIOLA nON 1 '" ZI'W 3KIJ 41tl
Sale of alcoholic beverages while Revocation N/A N/A N/A
license is under suspension
Sale/purchase of alcoholic beverages $300.00 $750.00 $1,000.00* Revocation
to/by underage person
Sale of alcoholic beverages to obviollSly $200.00 $500.00 $1,000.00 Revocation
intoxicated person
After hours sale of alcoholic beverages $300.00 $750.00 $ I ,500.00 Revocation
After hours display or consumption of $200.00 $500.00 $ I ,000.00 Revocation
alcoholic beverages
*and mandatory alcohol awareness class for all employees.
WHEREUPON, a vote being taken upon the motion, the following members voted
in favor: Debra Barnes, Chuck Haas, Jim Leroux, Becky petryk, Walter Stoltzman
the following voted against: NONE
WHEREUPON, said motion was declared duly passed and adopted by the City
Council this f,. ~ day of 7;;t.zA___e-A-- _ ' 2000.
tt/.-"JL:v ~ . &)M7
Walter L. Stoltzman, Mayor L
ATTEST:
Yw' 17.
,/ /&tl.~ It----?i__J LA--<'-:l-fffJ-v
Mary Creager, City Cler