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HomeMy WebLinkAbout2002-04-08 WS Meeting 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 Ordinanee & Suggestions for fines from loeal establishments VI. ADJOURNMENT IJage [lot U deviatingti'oID these standards, the Council will provide written findings that support the penalty selected. B. MinirnumE~l)lllties for Violati9JJ11. The minimum penalties for convictions or violations IDest be presumed as tollows (unless speciJied, numbers below indicate consecutive days' suspension): The following violations require revocation of the license on the first violation. o Commission of a felony relatef,i to the licensed activity. o Sale of alcoholic beverages while license is Wlder suspension. a Sale of intoxicating liquor where only license is for 3.2 percent malt liquor. .6es( P,;!f;tices Estaj;JJjshm><I1ts. 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 fall Wlder this violation grid broken down by type of license. o Sale of alcoholic beverages to under-age persons. o 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 personfroID leaving premises with alcoholic beverages (on-sale allowing off-sale). ~k Ji ((/-J/ .t-- ('12 l' -oJ;)' Ii' Type of License 1st Violation 2nd Violation 3rd Violation 4th Violation On-sale $500 and $1,000 an~>.( $2,000 an~ Revocation --- intoxicating .;;cb{l> i ~ IV""'{. 5 days [0 days [5 days liquor suspensIon suspenslO n suspension Off-sale $500 and $1,000 and $2,000 and Revocation intoxicating liquor 7 days iJP 3 days 12 days suspensio II slIspenslon suspensIOn On-sale beer and $500 and $1,000 and $2,000 and Revocation wine 5 days 10 days 15 days suspensIon suspension suspension Ofl:sale 3.2 malt $1,000 and $1,500 and $2,000 and Revocation 10 days . 20 days 40 days suspension suspensIOn suspensIon http.../1200%5Fsale%5Fconsw11ption%5Fand%5F dispJay%5F ot"105F alcoholic%5Fbeverages.ht 2/19/02 '~ FEB-19-2E82 18'05 LEAl;UE OF ~1N CITIES P,81/24 ",' ~c IMp.. .>lm........ Go.. Q/;,.~-- F A:X TRA.NSMISSIO,N LEAGUE OF MINNESOTA &frEs 145 Uni""",ity Av"/ue 'w." S\. P,ul, l1N $5103-2044 651-28l-1200 Flux, 651-281-1296 Tal I<il>l ~ c..+y d' (~III~ Pa.x #: / f.S1lf2.'1 81.r<fJ Date: Z (Iq 11.. Pages: '2 '-l I including tlu. cover shoet Prom,Je.d B"~kdf Subject' M ' I'lad<l.( kl"l",or D...I."~<-+1<~ n. Le"gue of Minn...ota Cities providos ills material for gon.r..! iufoxmational pU::pQses; It is not intended to pro~-ida1egall1dvice and should not b~ uged as a sub.titute fo" ooml?etont le'gol guiiLmco. . Consult "'Ott, attornev for advice QCnoomind 'tledi.fi.c .ituations. Cornmonb: .. FEB-19-2002 18'05 LEAGUE OF MN C IT I ES LEAGUE OF MINNESOTA CITIES MODEL ORDINANCE .REGULATING THE POSSESSION, SALE AND CONSUMPTION OF lNTOXlCA TING AND 3.2 PERCENT IVLAL T LIQUOR H'I CITIES (VERSION MAY 3, 2001) Drafted by LMC Sp<<:lal Counsel Duke Addlck$ Before adoutinl!: this ordinance. a city should be familiar with the contents of l.ealme memQ "Liauor Licens~n2 and Rellulati()n", LMC 360BIA.4 (Januarv2001). . fNtRODUCTION AND INSTRUCTIONS: This model liquor licensinl: oroinance is very cOlllprehensh'e. and covers the issuance of all of the types [If U.::enses a city may Issue. A city wishing to adopt this ordinance should review it to make sure that it ",Ishes to adopt aU of its provisions. A city call modify the ordinance to elilnhllltll those types of licenses that it does not wish to issue. Because most of the provisions of litis ordinance are controlled by statute, any modifications should be aJlpro~'ed by the city attorney to mIme SlU'e the changes conform to state Inw. The city's attorney should review the entire ordinance before it Is adopted as this ordinance estabJishell the rights and responsibilities of both the city and the license applicants and holders. P.0Z/24 --, .. FEE-19-2002 10: 86 LEAGUE OF 11'1 C I Tl ES The form of thi~ model ordinallce is that used by Statutory Cities as required by Minnesota Statutes ~ 412.191, suM. 4. A home role charter often contains provisions concerning bow the city may enallt orrlinanlles. Home role charter cities should consull their chiU'tAlr and City attorney before adopting this ordInance in order to ensure that charter provildons are complied with. Statutory cities llIlllY publish a summary of lengthy ordinances instead of the complete ordinance, as provided by Minnesota StatutAls l} 412, suM. 4, but the summary must meet the requirement5 of Minnesota Statutes ~ 331A.01, S\lbd. 10. - In .order to fully inform the public of the nature of any couduct that is prohibited, portions of the summary set Qut the prOVisions Qf the ol-dinance in gruter detail than those dealing witl! the liquor licensing process. A suggested SUIilIllllll"y of this ordinance with instroctions fOr its adoption and publication follows the lllQdel ordinance. Because this ordinance will affect 'i\:-:!stlng liquor lICelISllllS, a copy of the pr()posild ordina:nc~ should be mailed to each UcenSile along wllh a Dotll)e of the hearing on the ordinance In order to try to make tbemaware of the contente of the proposed ordilllWca and to give them all opportunity to make their vle,ws known. '>I" Cities which do not ha've a muni~ipalliquor store should nJfadopt those sections of 1\ this model ordinance dealing with municipal liquor stores. \r l'Iec:ause of internal cross references, Sections 29, 30 and 31 should l'etain tbeir 't numbering in the adopted ordinance even If Sections 23 to 28 dealinl: with muniCipal liquor stores are deleted. It' Sections 23 to 28 are not adopted, the ordinalu:e should contain a provision to read: "Sections 23 to 28 are resel'Yed for futun use." This is So that the reader of the i.lrdinance will not be (onfused by the absence of these sections. P.03..-"24 2 ,. FEE-19-2002 10:06 l.EAGUE OF 11N CITIES ,~ I ORDINANCE NO. AN ORDINANCE REGULATING THE POSSESSION, SALE AND CONSUMPTION OF INTOXICATING AND 3.2 PERCENT MALT LIQUOR WIT.HI.1'.J THE CITY OF ,lVIL'mESOTA THE ClTY COUNCIL OF THE CITY OF DO~S OlIDAIN: , i'vlINNESOTA S~\:tion 1. .IDOmON OF STATE LA W BY REFERENCE The provisions of M. S. Chapter 340A, as th;,y may be amended !'mm time tu tjme, with reference to the definition of terlIJ5, conditions of operation, restrictions . on "onsl.u~ption, provision.s .elating /0 sales, lloul'S of sale, and all other 1'I:l1lttel:ll . p;,r:taining to the retail sale, dlstl'ibll.tlon,lIDli CQo$umption of intoxicating liquor , and 3.2 percent malt llquol' lire hereby adopted by reference Jlnd I)!e made II part ,of this ordinancll as if set out in fuU. It is the intention of the City Cowlcil that all . tutur~ a.ttlendments to M. S. Chapter 340A lire hereby adopted by reference ot I'eferenced as iI they had been in existence .at the time this ordinance is adopted. Section 2. CITY i.\<IA Y BE MORE RESTRICnVE THA..1'1l STATE LA W The Council Is authol'lzlld by till! provisions or M. S. ~ 340A.S09, lIB it may be amended from lim", to time, to impose, and hllB imposed in this ordinance, additional restrictions on the sale and possession of alctlholicbeverlllJes within its limil.$ beyond those evumined in M. S. Chapter 340A, lIB it may be amended from time to time. Sect1an 3. DEFINITIONS In addition to the defJIIltions COal:.l.inl1d in M. S. @ 340A.101, ll$ it lllay be amended !'rom tIme to time, the tQllowlng terms lII'e defined fol' purposes of this ordinance: LlQUO.R, liS used in this ordinance, without mQdification by the words "intoxicating" ar "3.2 percent mall" . includes both lntDJdcating liquoz" and :3.2 percent mi.1lt liquor. P.04"'.'24 3 J FEB-19-2002 10:07 LEAGUE OF MN CITIES RESTAURANT means 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 tull waitress/waiter mble service Is provided, where a customer orders food from printed meuus and where the main food COurse is served and consumed whlle ,seated at a single location. To be a resmurant as defmed by this term in this ordinance, an asmblishment shall have a license from the state as required by M. S. s 157.16, as it may be ilD1ended from time to fune, and llleet the definition of either a "small establishm~t", "medium establishment" or "large establishment" as defined in M. S. s 157.16, subd. 3d, as it may be amended flom time to time. An establishment which sel;Ves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall not be considered to be a resmurant for purposes of this chapter IInless it meets the deflnJ.tlons of "small establishment", "medium establishment" or "large establishment" , 8e<:tion 4. NUDITY ON I'IIE PREMISES OF LICENSED ESTABUSHl\1ENTS PROffiBITED. (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 eity that nudity is prohibiterl as provided' in this Section on the premiSes <)fOOly establishment licensed andel' this ordinance. This il> to prated and assist ilie.owners; operators and employees of the establishment, as well as patrons and' the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity and sex. The Council espedaJly Intends to prevwt aDY subliminal endorsement of sexual h:u'assment or activities likely to lead to the posslbUity of various crillllnal conduct, including prostitution, sexual assault and disorderly conduct. The Council also finds that the prohibition of nudity on the prllmjS<lS of any establlsbment licensed under this ordinance, all !let forth in this sectlon, reflects the prevailing community standards of the dly. (B) It is unlawful for any licensee 10 permit or allow any person or persons on the licensed premises when the person does not bave his or her buttod.s, anus, breasts and genitals eovered with a Ilon.lranspa~ent material. It is unlawful fol.' any person to be on the licensed premises when the persoll does not have his or her buttocks, anus, breasts and genitals covered with a non-transparent material. (C) A violation ot this section Is a mlsdemeaMr punishable as provided by law, and is justJfication for revocation or slispension of' any liquor, wine or 3.Z percent malt liquor license or the imposition of a ci'lil penalty under the prolisions of Section 29(B) of this ordinance. Section s. CONSUMPTION IN PUBLlC PLACES P,05/24 4 ,EE-19-2882 10'88 I.EAGUE 0, 1'1N C IT r ES No perSOl1 shaH con~ume Intoxicating llqUOl' or 3.2 percent malt liquor in if public park, on any public street, sidewalk, parking lot or alley, or in any pub~c place otber tnan on thlll premisES of an establishment licensed under this ordinance, in a munlcipalllquol' dispensary if one emlli ill the city, I.Ir where the conSUmption' and displ:.lY of liquor iI.llawfu!ly pernritted. Seetilln 6. N1J1YIDER OF LICENSES WHICH 1\13 Y BE ISSUED State law estahl1shes the Illunber of liquor licenses that a city may issue. However, the numbllt' of IlCllJlSES which may be granted under this llrdi.QlUIlctl is limited to the number of license which were issued as of the effective date of this ordinance, even it lllarllllr number of Iktl1lleS are authorized by law or election. The Council in its sound dlscretiollllUly provide by ordinance that a larger number of licenses lllay be issued up to the number of licenses authorized by Minnesota Statutes Chapter 340A, 3$ it may be amended from time to time. If II larl:er nlunber of licenses in a parnCllllal' categtJry has ~n authorized by Q referendum held lwder the pnwj.sions of fI.:L S. (! 340A.413, subd. 3, as it may be emended from Wnl! to time, but not all of them haVe been issued, the larger number Qf licenses is no longer in effed until1l10 Council by ordiDll!lCe determines that any or all of the licenses may be issued. The.Council.i8 iIiOt required to issue the full nnmber at licenses that It bas available. ,,,,.': Se~ti011 7. TERM AND :EXPIR)l,TlON OF LICENSES. Each license shall be issued for a ll1II:limum pCl'iod of one year. All licenses.! except temporary Ucenses, shrdl ~pire on December 31 tlf tach year unless another date Is pl'ovlded by <>rdiIllU1ce. Allll.cemes shall l:Xpil't on the same date. Temporary !Icellses expire according to their terms. Consumption and display permits if>l,'Iled by the Comlllissi/}uer of Public Safety, and the accompanying city L'(lllsent to the permit, shall expire on March 31 of each year. Section 8. KlNDS OF :LIQUOR LICENSES The Council of a city that dOES not have a municipal liquor store is authorized to issue the following llcllnsell and permits, up to the number specltled io Section 6 'If this ordin:l.nce. (A) 3.2 percitot mal/liquor on-$llle licenses, which may be Issued only to restaurants, hotels, dubs, bowling centeX"s and establishments used eXclUsively for the sale of 3.2 percent malt liquor with thl!; incidental sale of tobacco and soft drinks. (B) 3.2 percent malt liquor off-sale license. P.86-24 ~ FEB-l'''-2002 113: 08 LEAGUE DF MN CITIES (C) TempOI'ary 3.2 percent malt liquor licenses whidl may be is~ued only to a dub, charitable, religious or nonprofit orgull.ization. (D) Off.sale intoJdcating liquor licenses, which may be issued only to exclusive liquor stores or drug stores that have an off-sale license which was fll'sl issued em 01' before May 1,1994. Tbe fee for an.off sale intoxicating liquor license established by the Council WIder Section 9 shall not exceed $100 or a greater amount which may be permitted by M. S. ~ 340A.408, suM. 3, as it may be amended from time to time. (E) On-sale inMticatillllliquor licenses, which may be issued to the following establishments as defined by M. S. ~ 340A.I01, JIll it may be 3n1ellded from time to time, llnd this ordinllnce: hotels, N.1tauranls, bowling cwters, clubs or congressionally chartered veterans organi1:ations, and e:lo:clusJve llquor stores. Club licenses may be issued only with tbe approval of the Commissioner of Publlc Safety. The fee for cluh li<:enses established by the Council under SEction 9 of tllis ordinance shall not exceed the amounts provided for 111ll\iL S. :'l340A.408, subd. 2(b), as it may be amended trom time to tlr!ul. The Council may in its sound discretion authorize a retall on-sale licensee to dispense intoxicating liquor off the licensed premises ,at a community festival held within the city under the provisions of M. S. ~ 1 340A.404, subd. 4b, jl$ it llllIY be amended from time to time. The Council may 10 Its ' sound discretion authol'ize a retail on.sale IicensiI!e to dispense intoxicating liquor off ' tJll~ licensed premises at ;my cOllveniJo,n, banquet, conference, meeting or social aff:lir conducted on the premises or a sports, convention, or cultural fadlity owned by the city, uoder the prClvlsiol1ll 0040-4..404, subd. 411, as it llll'ly be amended from time to tIme; however, the licensee ill prohibited trom dispensing intoxicating liquor to any person attending or participating In 1UI al11lltenr athletie event ~ing held On tile premises. (F) Sunday OIl-sale inloxicating liquor licenses, only after authorization to do so by voleI' aPJlro~al at a general or special election :as prm'ided by M. S. ~ 340A.504, subd. 3, as it may be amended from time to time. Sunday on-sale intoxicating liquor licenses may be lssul!d only 10 a resclUl'l1nt, lIS defined In Sectioll 3 of' this ordillance, club, bowl!ng Ct)nter, or hotel whkh has a seating capacity of at least 30 persons, which holds an on-sale IntoJdiCattng liquor liceilS<l, and which serves I!quor only In conjunction with the service of food. The maximum fee for this license which sl1aJl be fSwblished by the Couneilllnder the provisions of Section 9 of this ordinance, shall not exceed $200, or the maximum amount provided by M. S. ~ 340A.504, subd 3(c) as it may be amended from time tnlime. (G) Combination oIll..aleloff-sale intoxicaling liquor licenses if th&! city has a population less than 10,000. (II) Temporary on-5ale intoxicating J/quor Iicen5es, with the approval of the Commissioner of Public Safely, which may be issued only in connection with a social P.07,/24 6 FEB-19-2802 10:89 I_EAGUE OF MH C I Tf ES evem sp&1l3"red by a club, charitable, I'eligious or otber nonprotlt cOlt'poranoll that bas existed for at least three years. No license shall be for longe,r than fOllr COns~utive day,~, and the city shall issue no more than 12 days worth of temporary Ik:enses to any ooe organization in one calendar year. (1) On.sale wille licenses, with the approval of the Commissioner of Public Safety to: restaurants that have lacilities for seatiull at least 25 guests at one time and meet the criteria of M. S. 340A.404, subd 5, as it may be amended from time to tlme, and which meet the definition of I'1!$taurant in Section 3 Qf this ordinance; 3.Ild to IicllIlsed bed and breakfast facilities which meet the cnterla in l\>L S. ~ 340A.401, suM 1 as it may be amended from time to lime. The fee for all on-sale wine license established by the Council under the provisions of Section 9 of this ordinance shall Mt exceed one-balr of the license fee charged for lln on-sale intoxicating liquor license. The holder IJif an on-s:ale wine license who also holds an On sale 3.2 percent malt liquor llomse Is authorized to sell malt liquor with II content over 3.2 percent (strong beer) wIthout an additional license. (J) One day coosumptilln and display pel"mits with the approval of the Commissioner of Public Safety to a n<lnpront organizatfollln conjunction with II Bacial activity in th" city sponsored by the ',rganlzaiion. (K) Approval of the issuance <If II consumption and display by tbe Co~missioner of Public Safety. The maximum amount of the additional fee which may b,e Imposed by the Conncil on II person who has been issued aC<lnmmption':md display permit und.,r the pro'VisioIl5 of Set:liOll 9 of this ordinance shall not exceed $300, or the maximum amount pennitted by I\<L s. ~340A.14, subd 6, as It lll;Iy bll amended from time to time. Consumption and display permits shall expire on t\ifurch 31. of each year. Section 9. LICENSE FEES; PRO RATA (A) No license or other fee established by tile city shall ,exceed any limit established by M. S. Ii 340A, liS it ma,y be amended il.OID tilJle to time, for a liquor license. (B) Th<e C(jIuncll may Ii:'Jtablish from time to time by ordinance or resolution the fee for any of the liquor licenses it Is authorized to issue. The license fee may m>t exceed the cost of Issuiug the license and other costs directly related to tllIl entorcement of the liquor laws and this OrdinaQce.~ liquor license fee shall be increased without providing mailed notice of a hearlnll on the proposed increase to' all al'fected licensees at least 30 days before the heari~ (C) The fee for alllicelllles, e.."(cept temporary licenses, granted after the commencement ot'the license year shall be prorated on II quarterly basi$. P.08>'24 7 FEE-19-2002 10: 10 LEAGUE IJF 1'1'1 C I T! ES in) AlIlic~nse fees shall be paid in full at the time the application is filed 'With the ciey. If the application is denied, the Ucense fSll shall be returned to the applicant. (E) A refund of 1I pro rata share of an annual license fee !I1aY occur only if authorized by !\it S. s 340A.408, subd. S. Section 10. COUNCIL DISCRETION TO GRANT OR DENY A LICENSE The eQuneilln its sound discretion may either ::rant or deny the .ap~plicatiOll for any license or for the transfer or renewal of any license. Nd applicant has a right t<l a license under tltis ordinaDce. Sectiollll. APPLlCA TlON FOR LICENSE (A) Form, Every application ror a license issulld under thili ordinance ahall be 011 a form provided by the dty. Every application sllaJl state the name of the applicant, the applicant's age, representations liS 10 the applil:ant's character, with references as the Council may require. the tYlle of HceIlBe applied for, the busine$:> in connection with wllich the proposed,licellSe' will operate and its location, II dl!1>'CriptiOll of the premises, whether the applicant is owner and operator of the bnsinesl:l, how long l.he applicant has. been in that business at thatplal:e, and other information as the Council may require. from time to time. An application tor an on- sale intoxicating liquor iicelJ:l{l shall be iJ;l the form prescribed by the Commissioner of Public Safety and shall also contain the Information required In this seetion. The form shall be veriDed and filed with the dly. No pers()n shall make II false statement In an ap.plicatl()n. (ll) Financi4J respom;ibil#y. Prior to the issuance of any licenstl under this ordinance, the applicant sllall dem(j\nstJ:ate proof offinancial responsibility as defined ill M. S. s 340A.409, as it may be amended from time to time, with regard to liability under M. S. S 340A.B01, as it may be amended from time to time. This proof will be filed with the city and the COKlUlllssloner af Publl(: Safety. Any liability iIl$lirance policy filed as proof of 1'1rIanclal responsibility under this se~tion shall conform 10 M. s. ~ 340A.409, as it may be amended from time to time. Operation of a businllSs which is required to be licensed by this ordinance witheul having on file with the city lit all times effective prool' ()f financial responsibility is a cause for revocation of the Ikense. Section 12. .oESCRIP'flON OF PREMISES P.09....24 <H 8 FE3-13-2802 10: 10 LEAGUE OF 11f1 CITIES The appiicatioll shall specifically describe the ;;ompa.:t sDd contiguous p~eruises within which liquor may be dispensed lll1d consumed. The description may not indude any parldng lot or sidewalk. Section 13. APPLICATIONS FOR RENEWAL /: At least 90 days before a license issued under this ordinance is to be nmewed, an application for renewal shall be filed with ~ city. The decision whether (II' not to renew a license rests within the sound discretion of the Council. No licensee lias a right to have the license renewed. Section 14. TRANSFER OF LICENSE No license issued under this ol"l:imance may be trllnsferred without the approval of the Council, AlllY tr.mster o( stock of a corporate licensee ill deemed to be a transfer of the llcell8e, and a transfer ot stock without prior Coun<:il approval ill a ground for revocation of the llcense. An application tD trall$fer a license shall be treated the same liS an appllcation for a new license, and all of the proviSions of this ClJde applying to applications f(lr a lieense shall apply. Section 15. INVESTIGATION (A) Preliminary background and financial invlIstigatio1l. On an initial :lppllcatlon for a llcsDse, on an applicatlonfot transfer of a license and, in t.he sOIDld discretion Qf the Coulll:il that it is in the public lntereBt to do sa, 011 all applkation for renewal of a license, the dty shall conduct a preliminary background alld fUlanciaJ. investigation of the applicant or it may contract with the Commissioner of Public Safety for the ht'fe$tJgatiou. The appli<:ant shall pay with the appllcatlon an investigation ree of $SOO which shall be in addition to any license fee. If the cost of the preliminary investigation is less than $500, the unused bli.lllnce shall be returned tll tl1e applicant. The results of the prellmfnlU'Y hlVestigation shaJl be sent to the Commissionu of :Publlc Safety If the application is for all on-sale intoxicating liquor licenSli1 or an on-sale wille license. (B) Comp7IJk811sive background andfinaJIcial UlYtstigation. It' the results of:a pl'1l1iminllry investigation warrant, in the sound discretion of the Council, a comprehensive backl:l'Ound and financial investigation. !he Council may either condud the innstigatioll itself or contract with the CDmmlssloner at Public Sllf~ty for the investigation. The investigation fee for this comprehensive background and financial in vtsugation to be paid by the applicant shall be $500, less ilny amount paid for tile mitial lnvestJgatJon if the Invl3stigatioll is to be condllded within the state, and $10,000, less any amount paid for the initial investigation, if the Investlg:.ltion is required outside th~ state. The unused balance of the fee ~hall be relurned to the applicant wbetlier (If not the application is denied. The fee slmll l)" P.16-<24 " FEE-19-2802 18: 11 LEAGUE OF 111'1 C I Tl ES paid in advancO! Qf any investigation and the amount actually ~xpellded on the investigation shall not he rdulldable in the event the application is denied. The results of the comprehensive investlga~t)n shall be sent to !he Colnll'lii!$ioner of Public SOlfet)' if the application Is for an 011 sale intoxicating IiqUQr license or an on sale wine license. Sedion 16. HEAlUNG AND lSStJANCE The Counc.II shall investigate all facts set out in the application and not investigated in thl! pnllmlnary or comprehensive baci,ground and financial Investigations. Opp4)rtllnity shall be giv<lln to any person to be heard for or against the granting of the license. After the Investi@'.ltion and hearing, the Cuuncll shaHin its sound iliscretion grant or deny the application. No license shall become effOl(:tive untillhe proof of financial security has bee.Q approved by the Commissioner of Public Safety. /! red" ,# - 'II / i- - ~tLJUt:t-- 17'-- /(/J!J:,IJ1iJU1. Section 17, RESTRiCTIONS O~ IssuANCE (A) Each licewe shall be issued only to the applicant 1'01" the pnmises described in the application. (B) No! more than one licelllllO shall be diredly oX' indirectly lssuoad within the city 10 anyone person. (C) No license shall bol granted or renewed fol' operation on my prelIlire3 011 whkh taxes, assessments, utility char1.:es, service charges or other financial claims of the city are delinquent and unpaid. (D) No Iicmse shall bll issued for any place or any business ineligible for a license under state law. -' i-- (E) No Iicellse shall be issued to any person Whil Is not a resident ilf the state. ' If the applicant 15 a corporatiiln, all of the shareholders shall be residents of the stale. The provisions of this paragr-<lph shall not apply to any existing IicenBe el';istlng on the effeetive datil ()f. this chapUlr or to the renewal of an existing license. (F) No li.::ensll shall be granted within 5QO feet of any school or church. The distance is tv be measlJred from the closest side of the church to the closest side of the structure on the prmnises within which liquo~ is to be sold. Section 18. CONDITIONS OF LICENSE P.ll/24 10 FEB-19-2002 10: 12 LEAGI.JE OF I"~I CITIES The failure 0[' 11 licensee to meet anyone ot' the condJllolls of tlie license specitled bel(}w sballl"eswt in a suspension of the ll~nse until the condition is met. (A) Within 9/j days after employment, evel'Y pel'Sllll selling 01' serving liquol" in Jill establishment which has an "on-sale" license shall receJye training reg'';l"alng the selling nr serving of liquor to customers. The:traii'fJ'!; A...lliH; 1" v.ld..J b;,..~ lIfllltlIDatiCllF:ippl'owdcbytheGolfndt. Proof of trailling shall hI;! prOVided by tbe licensee. (B) Every license'll is responsible for the condUct of the place of business and the conditloDli of sobriety and order In It. The act of any e~llployee on thllllicensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all'Jl'm'llties provided by this ord1nance and the law equally with the employee. (C) Every licensee sball allow allY pea.ce officer, health officer, city employee, Of any other persoll designated by the Council to conduct compliance checks and to olherwise enter, inspect and search the premises of the licensee during busillllSs hours and after buSineSB hourn during the time when CUstllmel'll remain on the pr\lJ1lises without a warrant. (D) No oll-;sale ~tab!lshme;nt sllaUdisplay liquor to the pUbiic during hours when the sale of' liquor Is probi.blted. (E) Comp.Uance with financial responsibility requirements of state law and (If this ordinalt~ is II continuing- \:ol1dition of any lIcense, Se<:lion 19. HOURS AND DA YS OF SALE (A) The hours of operatkm ,md days {jf sale shllll be those set by M. S. ~ 341M.. 504, as It may be amllooed from timo to time. (H) No pllrson shilll consume nor shall anyon-sale Ikensee permit allY consumption of intoxicating liquor or 3.2 perunt malt llquor in an OD-sllllo' lIt;"l1lslld premis(lS more than 30 mlnule~ after the time when a sale can legally occur. (C) No Oil-sale licens<< shall permit any glass, bottle or other conlll.iner cont.aining intoxicating liquor Ilr 3.2 percent \naIl Iiqu.or to remain upon any table, bar, stool or other place where customers are served, more than 30 minutes after the time when a sale can legally occur. (D) No person, other tluln the licensee and any emplllyee, :shall remain 011 the on.sale licensed premises more than 30 minutes after the time when a sale can legally occur. (E.) Any violation at any condition or this section may he grounds for revocation or suspension of the license. P. 12/24 Jl FEB-19-2882 10: 12 LEAGUE OF 1'11'1 CITIES P.13.-'24 SedliJn 20. MINORS ON PRElVUSES (A) No person under the a~e of 18 years shall be empliJyed ,in any rOiJms 'j P ;t,) constituting the place in wbich intoxicating liquon iJl' 3.2 percent malt llquor are e,; I.A J IJ.- sold at retail on sale, except tbat persons under the age of 18 may be employed as JIM'" mUSicians or to perform the duties of a bWl person or disbwashing services in places defined as a restaurant, hotel, mutel or other ml.lltipurpose buildin~ serving food in rooms in which intoxicating liquors or 3.2 percent mlllt liquor are sold at retail on sale. (H) No person lindeI' the age of 21 years may enler a liU!fJsed <!Stablishmeut el/cept to work, cousume meals on premises that quality as a restaurant, or attend social functions that are held in a portion of the premises where liquor Is not sold. / (I '0/) -" Iv,w"U' L I . iq,' J'" pJ f,,,?'8~ U,'0' Section 21. RESTRIlC1'IONS ON PURCHASE AND CONSUMPTION No p~fSon shall mix or pr~pare liqu~r for consumption in any public place <Jf bWliness unl,ess it lias a license to sell on-sale, o~ a permit from the Commissioner of Fublic Safety under the provisions of M. S. ~ 3401.414, as it may be amended from time to time, which has been approved hy the Council, and no person shaU consumlil liquor in any such place. ~0 , 101' Section 22. SUSPENSION AND REVOCATION \ i [11. kilO,)), { n'~~~ . ./11:" ~. (A) The Council ~l either suspend for a period not to exceed 60 days ot revoke any Iiquol' license upon finding that the lic:llnsee has tailed to comply with any applicable statute, reiUlation or prnvwon of this ordinance relating to liquor, as provided in (B). Except in ClI!Ies of lapse of proof of tinandal .l'llSponsibillty, no sUllpension or re-vocation shall lake effect until the licensee has been afforded an opportunity for a bearing pun;ulUlt to the Administrative PrOl1edures At!, M. S. ~s 14.57 to 14.70, as it may be amended from time 10 time. The Council may act as the hearing bod)' under that act, or It may contract wlfh the Office of Hea:ring Examiners for a 4eartng officer. --/"flI11 \ (B) Th~ fotlowinllllre the minimum periods of suspension or l'e'VocatiOD whJcli'~ be imposed by the Council for 'Violations of the provisions of this chapter or M. S. Chapter 340A, as it may be llInended from time to time or any rules promulgated under that Chapter as tltey may be amended from time to time. Revoc:ations ~hall occur within 60 days foUowius,a Vlola,tlo17 for 'Whic;b tbe revocation is imposed. . -f~a 7Idf~a'[4;"7'\..,/ FiJr commissiQn of a felony related to the licensed 1l11tivity, sale of alcoholic beverages ,vllile the license is under suspension, sale of intoxicating liquor where the 12 FEE-19-2002 10: 1~ LERGUE OF FIN C IT I ES only license is fol:' 3.2 percent malt liquor, or violation of ~ U2.04, the license shall be revoked. The license shall b<e sUGpllnded by the Council after a finding under (A) that the licensee has failed to comply with any applicabll! statute, rule, or provision of tbis chapter for at least the minimum periods as follows: For the first '\Iiolation within any three J'ear ptlrlod, at least one day sUlJpenSionID addition to an" criminal or c1vll penalties which may be imp()sed. For a second violation within any three year period, at least three consecutive days suspell.sion In addition to any criminal or civil penalties wbich 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 withiu any three year period, the license shall be revoked. The council shaJi select the day or days durin:: which the license will be suspended. (el Lapse of required proof offlnancial responsibility shall effect an immediate suspension of any license issued pursuant.to this ordinance or state law without further action of the Council. Notice of cancellation or lapse of a current liquor liability policy shall aiso consljlute notice /0 the licensee of the impending suspension of the license. The bolder of a license who Itns rtlceived notice at lapse of required insurance or of suspension or revoClltl<ln of aJicense may request a hearing thereon and, j{ a request .is made in wl'itinll to the Clerk, a hearing before the Council shall be granted within ten days. Any suspension under this paragraph shall continue until t"'~ Council determines iliat the financial responsibility l'equlremenl:9 of state law and this ordinance have again been met. (V) The provisions of Section 29 pertaining to admtnistrative penalty Ulay be imposed in addition to or in lieu ot' any suspension or revocation under this ordinance. iYhmicipaj Liquol' Stores Section 23. APPLICATION OF SECTIONS 24 TO 28 SectiMs 24 to 23 apply Mly to ill city that bas In exlSlel1ce on the effecti\'e date at'this ordinance a lnunicipalliquor store. Section 24. EXISTIi'llG lVlL'NICIPAL SlORES CONTlNUED P.14/24 13 FEB-19-2802 10'14 LEAGUE OF ~~I C J TI ES If the city has in e:ristence on the effective date of this ardillaltCe II municipal liquor store for the sale of lntoxkatlng liquor, the store is continued. Except as provided ill SllCtlOIl 28 of this ordinance, 110 intoxlcatille- liqul/r' may be sold at retail elsewhere ill the city. St:ctioa 25. LOeA TION The municipal liquor store sball bill located al a suitable place in the city as the COllncil determines by motion. However, no premises upon wlm:h ta"tlS, assessme.nts or other pubUc charges ;are delinquent shall be leased for municipal liquor store purposes. The Council shall have tbe right to establish additional off- sale and olNure stores at other locations as it may, .from time to time, by motion, determine. Section 26. OPERA TION (A) MlUUJ{{sr. The municipal liquor store shall be in ilie immediate charge of a LIquor Store MllDag~r selected by th., Council and paid compensation as is fIXed by the council. Tile Manllier shall not be a person who woold be prohibited by law or any provilJioll of tbis ordinance from being eligible for Iln'mtoxicating liquor licellse. The Manager shan furnish a surety bond to the city, conditioned upolltbe faithful discharge of the duties of the office, in. a SIlll1l as specit.led by the Council. The bond premium may be paid. by, the city or the ,Manager.. in the discretion of the Council. 'the IVLmager shall operate the mun.idpalllquor store under the Coum:il's direction and s.l1aU perform those duties in connection with the store as may be established by the Council. Tbe Manager :shall be responsible to the Council for the conduct of the store ill full compliance with this ordinance and with the laws reJatine to the sale of intoxicating liquor llnd 3.2 pereent malt liquor. (B) Other employees. The Council may aLso appoint additional employee;j as may be req'lired and shall fix their compensation. All employees, Including the Manager, shall bold their pOliitiOllS at the pleasure of the Council. No pel.'SOo \lnder the age of 18 shall be employed In the store. The Council may require the employees to furnish surety oonds conditioned for the faiUtflil dillcharge of thllir duties in a sum as sp4!Clfled by the Council. The premium on the bond may be paid by the city or the employees, as tbe Council determines. (C) MUll/cipalliquor sltJl'efund. All of the revenues received from the operation of a munidpalliquor store shall be deposired in a rounicipalliquor ~tore fund from which all ordinary operating "xpenses, including compensation of the Manager and employees, shall be paid. Surpluses accumulating In the rund may be transferred to the general fund of tho;, clty or to any other appropriate fund of the city by resoh!tlon of the CounCil, and may be expended for any municipal purpose. The handling of municipal liquor store ""ceipts and disbursements shall comply P.1S,'-24 i-l FEB-1'3-2\J02 10: 14 I.EAGUE OF I'll'! C r II ES with the prucedure prescribed by law and charter for the r~lpts and disbursements of city funds generally. (D) Financial staUl1umt. The Council shan provide within 90 days following tho end of the calendar year for pUblication a balance sbeet using genetally accepted accounting proceuure5 llnd a statement of operations of the municipal liquor store for that year. The balance sheet and statement shall be published in accordance with the proyisions of IH. S. S 471.6985, as it may be amended from time to dme. (E) }Jours Qf operation. 'The hours during which the SlIle af Intmdcating liquor may be sold allall he as pr<llIided In Sectlvu 19. No perSall, other !.han the Manage.r or a store amployee, may remain ill the municipal liquor store longer than one half hOUI' aft~f; tb.etime when full sale of Intoxicating liquor must ceIlse. Section 27. PROOF OF FlNANClAL RESPONSmaITV 'The city sball delllDDStrate p"uof of fln:.mclal responsibility tequlr'ld b~' licensees of retail lnltoll:lcating U'-iuor establishments ul1d~r the provlsiol1B of M. S. 340A.409, as it may be amomded 1'r'llD time to tillle. 8e<:li<>11 28. ISSUANCE OF' OTHER LICENSES (A) On-sale licenses jar the sale of intoxicating liquor. Th.. COllncll ll1:1Y issue . in it:s sound disol.Tetion on-sale licenses to a club under ~L S. 340A.404, SuM. 1, clause (4), as It may be mnended from time to time. If the voters have autoorized their issuance at. a special election called for tbat putpose, the Couocil may issue on its sound discretion do-stOlle liquor li<:eoS<lS to hotols and restaurants. The number of on-sal" licenses issued undor this section is governed by M. S. 340A,413, as it may be amended from Urn€: ill time, a.~ lilllited by the proviSions of this ordinance. The isslIllllce of these licenses is glwerned by tbe provisions of this ordinance. (B) Off-~ale licB'nses Jor the sale ofintaxicating liquor. Slate law does llot authorize the issuance of off-sal" licenses for the sale of Intol.:lcatlng llquor by <Clties which opernte a municipa~ liquor dispensary. {C) Or/.' arul off-sale 3.2 percent malt liquor lilJenses. the COllncil may issue 3.2 !)crcent Illalt liquor liconses in its sound discretion as provided in this ordinance. Pemu:ties Sedion2!l. PENALUIES P.16/24 15 FEB-1.'2-2002 10: 15 LEAGUE OF l'tJ C I Tl ES (Al Any person vloladng the provisions of this chapter or M. S. Chapter 340A, as it may be amended flrom time to time or any rules promulgated undllr tltat Chapter is guilty of Ii miIldemeanor and upon conviction shail be pUnished as provided by law. (!il) The Council shall impose a civil penalty of up to $2,000 for each vioiation of 1\1. S. Chapttl' 340A and of tbis ordinance 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 not required in order for the Council to Impose the civil penally. A hearing under the Administrative Procedures Act. lVI. S. s s 14.57 to 14.76, as it may be amended from time to time, is not required before tile penalty is imposed, but the Council shall hold a hearin: c)n the proposed vil>lation and the proposed penalty and hear any person wbo wishes to speak. Non"payment of the permlty is grounds for sllspension or Avocation of tbe license. The following is the minimum sdredule of presumptive civil penaltiilS in addition to any suspensions which must be imposed urlless till! license is revoked: For lhe first vlolatlan within any three year period, $500. For the second violation within any three year period, $1,000. For the third. and subsequent violations within any three year period, $2,000 foil' each violation. (C) Tile texUl "violation" as used in lhis section and in Section 22 includes any and all violations of thOl provisions of this chapter, or of M. S. Chapter 340A, ~ it may be amended from time tlO time or any rules promulgated under that Chapter as they may be amended from time to time. The number of violatIons shall be determined on Ihe basis of the history of violations for the preeeding three year period. EjJ~t;tiv~ date and summary publwatioll Sectioll 30. EFFECTIVE DA 'fE This ordinance becomes effective on the date of its publication, or UPOll tbe publkation of a summary of the ordinance as provided by M. S. * 412.191, suhd. 4, lIS it may be amended from time to time, which meets the requJrements ofM. S. 9 331A.01, subd.10, as it may be amended from time to lime. Sedion 31. SUlVlMARY APPROVED The Council hereby determines that the text ilf the summary of this ordinance marked "Official Summary of Ordinance No. _, " and a copy of which is attached P.l7./24 16 FEB-IS-2Q02 10'16 LEAGUE OF 1'11'1 ': r TI ES to this oCllinanl:e, dearly informs the public of the intent and effect of this ordinance. The Council further determines tbat pl1blie:ation of tbe title and tlli:l summary will clearly 00011'11 the public of the intent and effect of this ordinance_ The Clerk shall file a copy of this ordln:lnce and the summJlry ill the Clerk's office which sball avaJlable for inspectlon by any person durin!: regular office hours. A copy of the ordinance shall be available in the community library, if there is ooe, or If not, il) any otl1'll' public location which the <council designates. Passed by the Counctl this day of ,-.-" Mayor Attested: Clerk P.18,24 17 FEB-19-2002 10:16 LEAGUE OF MN CITIES PUBLICATION OF A SUlVIMARY OF' THE ORDINANCE REGULATING THE POSSESSION, SALE AND CONSUl\1PTION OF INTOXICATING AND 3..2 PERCENT MALT LIQUOR WITHIN THE CITY OF , MINNESOTA. Cities wishing to publish a summary of this ordinance instead of publishing the entire ordinance should be familiar with the following information. Statutory dties may publish a summary of lengthy ordinances il1stead of the complete ordinance, as provided by Minnesota Statutes ~ 412.191, ~ubd. 4, but the summary must meet the requirements of Minnesota Statutes S 331A.01, subd. 10. Betore drafting, adopting l1.Ild publishltlg a summary of an ordlnanc~, the city should review the statutory provisions reproduced below: Minnesota Statutes ~ 412.191, Subdivision 4, provides in part 3S follows: "In the case of lengthy ordlnam:es, or ordinances which include charts or maIlS,!! the citv council determlnes tbat publication of the title and a SUll1mary of an ordinance would c1earlv inform tbe l:Iublic of the inttnt and effect of the ordinance, the council mav by II four-fifths vote of its members dinct that only the title of the ordinance and II summarv be oublisbed. conformim! to section 331A.Ol, subdivision 10. with IIlQtice that a orinteel cOllv of the ordinance Is available fOl" Insnectlon bv ll1lY. person durinll! re2tllar office hours at the omce of the city clerk and anv other location which the council deshmates. A copy of the entire text of the ordinance shill! be po.~ted in the community library, .ifthere is one, or if not, in any other public location whh:h the council designates. Prior to the publication of the title and summary the council shall approve the tellt of the summarv and determine that it clearlv informs the public of the intent and erred of the ordinance. The publishing of the title IInd sununary shall be deemed to fulfill all legal publication requirements as completel" as if the entire ordinance had been published. The text of the summary shall be published in a body type no smaller than brevler or eight-point type, Proof of ihe publication shall be attached to and flIed with the ordinance." (emphasis added) Minnesota Statutes ~ 331.'1..01, suM. 10 I'lllIds in part: "'Summarv' ffil'.3ns an accurate and intellil!ible abstract 01: synol:lsis of the essential elements of IlrOCeedinlls, ordinanCe!!, ~olutions. and other official aetiorul_ It shall be written in a clear and coherent mannel", and ~hall. to the extent possible. avoid the IIse of technical or le2a] tel'msuot !!eneralJv famlllar to the pUblic (emphasis P.19/24 13 I. I FEB-19-2002 18'17 LEAGUE OF ['IN CITIES added), Wben a summary is published, the publication shall clearly indicate that me published material is only a sumlnary and that the full text is availal)le for public inspection at a designated location. A sUl11lllary published in Cllllformity with this sedion shall be deemed to full'lll all legal pll!llil:ation requirement! as completely as if thlll entire matter which was summarized had been published. No liability shall be asserted against the lo()Sj pUbIJc corporation in cOllnection with the publicatIon of a sUDJInary or agenda." The foilowini is a suggested summary of this ordinance. Tb... sUll1mary of the ordinancE adopted by the city should be reviewed by Ute city attorney be:tore it i~ adopted by the council. III order to fully inform the public of the nature of any conduct that is prohibited, p<lrtlollls of the summary set out the proVisions of tile ordinance in greater detail than those dealing with the .liquor licensing process. OFFICIAL SUMMARY OF ORDINANCE NO. __, ANORDmANCEREGULATmG THE POSSESSION, SALE A.ND CONSUMPTION OF INTOXICATING AND 3.2 PERCENT :MALT LIQUOR WITHIN THE CITY OF . , MINNESOTA The following is the official summary of Ord1nancoe No,_, Which was passed by the city Council on A printed copy of this ordinance is available for inspection by any person at the omce of the city clerk durinli: normal business hours, and at the community library, If there is one, or if not, in any other public location which the council designates, The <l\'dinallce rel,"lllating the possessiolL, sale and cOllSumptloll of inroxicating and 3.2 percent malt liquor within this city contains the foJlQwing pro\'isions. Section 1 adopt.!l Minnesota Statutes Chapter 340.4.., a!J it may be amended from time to time, by reference. Section 2 permill:l the city to be mo~e restrictive than state law concerning the sale and posllession of alcoholic beverages. Section :3 defines "liquor" and "restaurant" as those terms are used in the ordinance. P.28/24 19 " FEB-19-2002 10: 17 LEAGUE OF 11'1 C I Tl ES 0;.' Section 4 makes it is unlawful fOr any licensee to permlt or allow any persoll or persons on the licensed premises when the person does Dol have his or bel' buttocks, anus, breasf.<!l and genitals covered with a Jll)n-transparent material. It is unlawful foc any person to be on the licensed premi$es when the person does not have his or her buttocks, anllS, breasts and genitals covered with a non-transparent lhaterial. A violation of this section is II miademeanor punishablll as provided by law, and Is justiflcation for l'evOOltJon or SlIIipellliion of any liquor, wine or .3.2 percent malt liquor liceme or the imposition of a civil penalty under the provisions of Section 29(B) of tbis ordinance. Section 5 provides that no person sllall cOllsume intoxicating liquor IlC 3.2 percent malt liquor in a public park, on any public street, sidewalk, parking lot or alley, or in allY public place other th:1O on the premises of an establishment licell$ed under this ordinance, in a municipal'liquor di5pensary jf one exists in the city, or where the consumption and display of liquor is lawfully permltted. Section 6 Iimitll the number of license which may be Issued. Section 7 establishe,~ the term and expiration dates for liceusOlS. Section 8 establisiles the kl.nds of IIcens""s which may be iSSued [Bere the city should list the specific liCenses anthorized by tile ordina.nceJ. Section 9 2ulhod:<es the establishment of license fees by ordinance oJr resolUliaa. Section 10 permib the Cauncil, 1n its So(lllDd discretlon, tll grant or deny applications for licenses, or foc the transfer or renewal of any license. Section 11 describes the information required in an application for a Ikense. Secllon 12requ.lres a spl!Cific description of the premises to be licensed. Section 13 provides that applications for renewal of licenses must be flied at least 90 clays before the date of e:.:plration, and permits the councllln Its sound discretion to renew <.Ir not renew a license. Section 14 prohibits the transfer of a license without Council approvaL Section!S I'equh'es background ilnd fmandal investilllltions of applic.llDtlI for a license, renewal of a license or transfer of a license. Section 16 provide; for a hearing On the issuance of a IiclillSe. Section 17 establishes restrictions on tbe issuance of a license. P.21.'24 10 " .. FEB-19-2002 10:18 LEAGUE OF 1'11'1 C I Tl ES Section 18 ;astabiislles tlle conditions of a liquor Healse Umt a licensee must follow to avoid suspension or i."cvoc:ltion. The failure of a licensee to meet anyone of the conditions of the license specified below sball result in a suspensIon of the license I.Intil tbe col'lilition is met. Within 90 days after employrn(lnt, every person selling or serving liquQr in an establishmmt which has an "on-sale" license shall receive training regarding the selling or serving of liquor 10 customers. The training shall be provided by an org:llli2atioll approved by the Council. Proof of training of /.he servers shan be provided by the licensl)$. Every Jicemec is responsible fol' the cunduct of the place of business and tbe conditions of sobriety and ol'der in It. fhe act of any employee on tile liA:elllled premises .l:s deemed the act of the licenSllIi as well, and the licellsee shall be liable to all penalties provided by this ordinance and the law equally with the employee. ~very liCellSell shall allow any peace officer, health officer, dty emp1oy~ or any other person designated by the Council to conduct compliam:e clnedi;s and to otherwise enter., inspect and search the premises of tbe licensee during bU$lness hours and after business hours during the time when customers remain on tbe premises without a warrant. No ou-sale establlshmen! shall display liquor to the publk dllring hOUfS when the sale ofliquol' is prohibiead. Compliance with financial responsibility requirements of state law and of this ordinance is a continuing condition of any license. Sedioll 19 esr~bUshes the hours ilnd daJ's of sale wbldl are consistent with thOlle established by state law. In addition, the ordInance provides tllat: No per.~OIl shall ~onsum~ noc shall anyon-sale licensee perll'lit any consumption of intoxicating liquor or 3.2 percent malt Ii'luor in an on-sale U"ellsed premlses more than 30 miuutes after the time when a sale ~an legally occur. Nq olHnle lkensee shall pel'mit any glass, bottle at' alnel' container eontainiogintoKkating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool 01' other place where cu:stumers are served, more than 30minule$ after tile time when a sale call legally OCellI'. No person, otbe!: than the lJcllDSce and any employee, shall remain On the on. sale licensed premises moce than 30 minutes after the time when a sale can legally occur. Se<:tion 20 prohibits minors ami underage persons on licensed pl'el\llses e)(cept under certain conditions. 21 P.22,.''-24 , FEB-19-2002 10:19 LEAGUE OF 1'111 C I Tl ES No person under tl:Ie ag~ of 18 years shall be employed in any roolllS constituting the place in which intoxicatiollliquors or 3.2 percEnt malt liquor are sold at retail on sale, except that persol1li under the age of 18 may be employed as musldans or to perform the duties of a bus person or dlsbwllshing services in places defined as a restaurant, hotel, motel or other multipurpose building serving food in rooms in which intoxicating liquors or 3.2 percent malt liquol' are sold at retail on sale. No person under the age of 21 yeal's may enter a licensed establishment except to work, consume meals Qn premises that qualify W5 a restaurant, 01' attend sllcial funct.ions that are held III a portion of the premises where liquor ill not sold. Section 21 pL'oMbits persons from mixing or preparing liquor for consumption in ll.l1y publk place of business unless it h.:u a llooDSlll or pennit. Section 22 establb;hes the clrcUmst.:llWes and pllWedure.s for suspension and revocation of a license. 'fhil Coulllcll is required to either suspend for a period not to exceed 66 days or rev/)ke any liquor liceJlSil upon finding tllat the licensee has failed to ,:omply with any applicable statute, re:ulation or pro'Vb;ioll of this ordinance relating to) liquor. Lapse of requJredproof of financial responslblllty shall effe.t:t an Immoolate suspension of any license issued pursuant to this ordinance or state law wltbout further action of the COllncil. Notice of cancellation or lapse of a CUUtllt liquor liability policy shall also constitute notice to the lkensee of tbe impending .suspension of the license. A schedule of minimum periods of suspension and for revocation is established. Section 23 provides that Sect.loDS 24 to 28 apply to cities with lIIlwlclpalllquor stores. [Note: Cities that do not han II municipall~quor store should delete these sections before lIdopting this ordinance, but lIllt renumber Sections 23 to 28. Instead a notation should be included in the summal")' of the ordinance indicating that "Sections 23 to 28 are reserved for future use." Tllis is so that the reader of the ordinance will not he confused by the absence of these sections]. Section 24 provides for the continuance of mun.icipalliquor stores. Section 2:3 provides for the location of municipal liquor stores. Section 26 provides for the operation of municipal liquor stores. Section 27 prQvides for proof of financial responsibUlty of municipalliquol' stores. Set/ion ZBprovides for the issuance of other licenses by cities with municipalliquol' stores. 22 p, 23/24 FEB'-13-20'J2 10: 19 LEAGLE rJF ~1.j r:rTrES P.2.d,"24 Section 29 prtn'jdes for penalties for vlollltlng this ordinallce, including II 5chedule of civil penalties. Secl:loi1l 30 establishes Illll ef.tieclive date 1)( the ordinance which is the date of the publication of this sU.ii1nmry of the ordinance. SectiOll 31 appro'!/e!J this SIl.lnll1IDJ' of the ordinance. This summary was approved by the CUy Council .()f. on , lv.!inneStlta, Mayor Attest: City Clerk 23 TOTAL 1",24 To: Centerville City Council City of Centerville From: Richard DeFoe Waterworks Beach Club Thilllk-you lor taking the extra time needed to meet with the license holders of Centcrville. At the close of that meeting, you asked lor our input regarding the liquor ordinilllce. As a license holder, I very much appreciate your willingness to review the existing ordinilllce. I am in agreement with the representatives Ii-mn the state licensing board (Mr. Erickson illld Mr. McManus) who advised us to concentrate on the problem that brought everyone to the meeting in the first place. An efTective solution may be to draft a clarification letter to be attached to all license applications when tJley are mailed out to perspective licensees. This would be an inexpensive way to clear up illlY mislll1derstanding about the application process and could include the deadline for accepting applications and the date of the cOlmciI meeting for considering the application. As far as adopting a new liquor license ordinance, I illn in favor of no action at this time, for the following reasons: 1) The currcnt ordinance gives the city council substillltialleeway when dealing with license-holders. r think the cun'ent system promotes healthy eommlll1ication between the existing council ,md its license holders. The city also enjoys the ability to be as harsh as necessary when dealing with violations. I think this is illl enonnous advillltage for the city. 2) There seem to be milllY issues that m,lY be higher on the council's agenda and a more appropriate use of funds at this time. [n closing, I would again like to thank the city tor taking time to include the license [wluers iulhis process. I hope that the above suggestion will provide an ctTcctive solution, while using a minimal runOlll1t of the city's time, energy illld tax dollars, Respectfully, '._~~ vLl? {J~- Richm-d DePoe , If'''~ '.i.....:. , c..' ~."fl '\::enjt I Jr"! Fi a~) :-. .'.:i:t:;~."',,.I_,_::;.~ i,~ '.0; nl:,t<~,' ~:~'~ ~';ifFi;:"Y 11:.o.4-"'H"'I,/,O/.1 'a 7 v!;, .. _.....-.~,. L':'IA...~I(.,/ _0...;1 ~:c." 1.:D.J f ~",=<"=~_,_~_."-,-,=-,<=~.=,,.=_.-,~2~ )i/.~:i/l:...m>.:;L .j.. t. 'e::H [.~n)iae! yi,'i9{ S5U3/J (S51) ,-t.29.3;L!.,:~ 'J~Fr.l,'( (6"-"<1) /.(2:)-J6'29 March 18, 2002 Mr. Paul Montain Trio Inn 7082 Centerville Road Centerville, MN 55038 Dear Mr. Montain: Council has scheduled the next liquor policy worksession lor Monday, AprilS, 2002 at 6:30 p.m. at City Hall. The purpose lor this worksession is to begin to develop a liquor policy [or the City ofCenterville. The COllncil is again extending an invitation to you to participate in the development 0 f this proposed liquor ordinance. Your input is very important to the process. The City COlmcil has expressed an interest in using the League of Minnesota Cities' model policy as a basis lor the City's ordinance. A copy of the model policy was included in the packet that you received tor the J,muary worksession but we have included another copy under cover of this letter tor your convenience. [fyou hav~ 'my questions, please tt:elliee to contact me at City Hall, 429-3232. Sincerely, /7 ~ ./). /1' ;/, --:::..~ ~,./ ." / /' ,'-.--.,- ," . ,- .. -' -- ~ ./.j:fL ltl't-"flC, . ...%>(j'>'l-ce.r'~ Kim Moore-Sykes I City Administrator .;~ :"~ n'C-,"', -:;:.". .' '''I : '" i I ) I " "' j^ '[~j ;) '" enjtt 1 ,I. l ",[0/ ~'ili":':X...,,~;,;2j/ -;r.,,- _ 't,;''':-.I _ ~(':=;~'~;-:;'_"~_"_f'~_"r' ..;,- ~_,.,u_j' '-..'.,,;'!.I,dl-.,,""I{li. ,r/~L:j/ ._......,....................~.~'-... --"-'...., L1/)0 :)~{aii! SiTet ',lJ C";;;,ntervi[[e, :i\-Li\( S_-::'-()J:.J "",=~,"""-==~,,,""-,,=="""""'~~c_~=..,-=_~~__~o~ _~,~.". (6'Sl) 429,323..2;;) 'fa;r (6'51) 429:56'2:) March 18, 2002 Mr, Ken Vanderbeek Wiseguys Pizza, Inc, 7095 - 20th Avenue Soutl, Centerville, MN 55038 Dear fVlr. Vanderbeek: Council ha~ scheduled tile next liljuor poliey worksession tor Monday, April 8, 2002 at 6:30 p.m. at City Halt The purpose tor this worksession is to begin to develop a liquor pollcy tor the City o ECenterville. The COlUlcil is again extending an invitation to you to participate in the development oEthis proposed liquor ordinatlce. Your input is very important to the process. The City COlUlciJ has expressed an imerest in using the Leaglle of Minnesota Cities' model policy as a basis for the City's ordinance. A copy oEthe model policy was included in the packet that you received tiJr the Jlu1Uary worksession but we have included another copy under cover or this letter Ihr yom convenienee. [fyou have any ljuestions, please tee! n'ee to contact me at City Hall, 429-3232. Sincerely, -::~k-./'/ }; c-"" 1151<r-' ,1;/ ;J;',:w! /"" ) V' I..-vt./L'<.-' ( Kim1vIoore-Sykes City Administrator /7 jl "~k;rfceJ" ,',' / U . '.))~:, '....... I :rehit e rZfla,{~ '!J:.< ~... :',:~:i(~' ',_,., . ~,:,_.::.:-_._.",-----,~-,--_""" ~__~_~'___~"_'_-"----'--"~~--''-'-'~~c. ,~:r 'EstJJ.,fJu:Ju';'f.t J/J6/ l,3JO ):"hiin Lr.~.:,t ::) (."..:ntl.:rviLlc/ iJ\/L~il{ 550.38 {(';51) -+;~9-j2J2 'J ~Fa,'( (6"Sl) 4:!-9.8629 March 18, 2002 !'vIr. Rich DeFoe Waterworks Beach Club 7281 Main Street Centerville, MN 55038 Oem fv(r. DeFoe: Council hus scheduled the next liqllor 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 for the City ofCentcrvillc. The Council is again extending ,U1 invitation to you to participate in the development of this proposed liquor ordinance. Y ollr input is very important to the process. Thc City Council has expressed an interest in using the League of Minnesota Cities' model policy as a basis for the City's ordinance. A copy ofthe model policy was induded in the packet that you received (or the January worksession bLlt we have included another copy lmder cover of this letter tor your convenience. [l' youlJave any qucstions, please tee! fi'ee to contact me at City Hall, 429-3232, Sincerely, ,.___:~,i-^ ;~~~ I ) ) " c (,.. y- /Ji./lt/(,I: ,.,/ Kim Moore-Sykes City Administrator die) .' / '(J ~- .f' "~:.:;:>:;j;" '-r Ic:n' l 1:I'Pf' 't (yU i e /" .: _jL!-- y \V,.", _"~ '.,I . -_. --_.- ~ '",;,;y'~ q:: 1"l.rn:;r;(I~i,)J 1/)),(~ L_'.)".l.-J4,..II-~ .,,-,~... _~...-" 1:;;30 :iJ.LJiIf j'U.::r:t ,j) Ct:Jlt:!J'l'!l'iL~, ~Ai:i\[ 5503:; ~~~'=~~~=-'~~~~_~_'_~"""""""""~"-'T"'-"'_'''~__~''''''''''-'_' .... (651,J .sl29-32J2 ':J 'fL!'1. (6"5.0429-86"29 March 18, 2002 Mr. Terry Sager Sager Liquor 7093 - 20th Avenue SoLtth Centerville, MN 55038 Dear /vIr. Sager: CoLtncil has scheduled the next liquor policy worksession tor Monday, April 8, 2002 at 6:30 p.m. <.It City Hall. The purpose tor tlus worksession is to begin to dcvclop a liquor policy lor tbe City ofCenterville. Tbe Council is again extending an invitation to you to participatc in the devclopment of 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 poticy as a basis for the City's ordinance. A copy oftlle model policy was included in the packet that you received tor the Janmu'y worksession but wc have included another copy under cover ofthis letter t()r your cOlwenience. If you havc any questions, please [eel tree to contact me at City Hall, 429-3232. Sincerely, /j /.-/- /~ h. /1 1./ '~Fi5({,,'--' /;l/tYttzC ")~(j/; Ite;d-- 'Kim Moore-Sykes / City Administrator '-'".;;> .... I ....en!i,f.) j :y/iDrfJ ':~':..,/;~'.)";i::, ...: 'i~:~7;)J~' ....-....- ,- '."f,[,[.,"" .:Jt! /" 'r 4-",<-1-... ~'-"' ,...<y...... ""L"~", UJ8J :MJ!iil .>'/;;"1;';1" '.0 :7\1L~ii( _-;~~'(J.;/J ._,~-,.~--~~,~-=,-== (I~:i){) J~.l(-L ~'l ,'1 ;, '{'I'- (':':/::')1) ,"')(.\ "',"')q L ~ ..~_' oJ...,__ '- " _ <...,\. (>, '-!-,..;..J-u J.,~_. March 18,2002 Mr. Bill Bisek Kelly's Corner 7098 Centerville Road Ccnterville, fv1N 55038 Dear !'vIr. Bisek: Council has scheduled the next liquor policy worksession tor Monday. AprilS, 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 ofCcnterville. The Council is again extending <m invitation to you to pm-ticipate in the development of this proposed liquor ordinance. Your input is very import<U1t to the process. The City Council has expressed an interest in using the League of Minnesota Cities' model policy as a basis lor the City's ordinance. A copy of the mode! policy was inclllded in the packet that you received tor the January worksession bllt we have included another copy under cover ofthis letter lor YOllf convenience. [fyou have auy <juestioi1S, please tce! jj-ee to contact me at City Hall, 429-3232. Sincerely ._~f:./} . ....~r-j.. I !~/&,~,. ,~ / ~Z}&o..-// lL--"", f/(..C i / Kim Moore-Sykes City Administrator f/) J 1/ '. - \~r&J / (j (Ord. No. 17556, S 1,4-28-86; Ord. No. 17657,9 14,6-8-89; Ord. No. 17675,9 1,8-22- 89; Ord. No. 17694, 9 2, 11-7-89; Ord. No. 17756, 9 1, 8-7-90; Ord. No. 17924, sii 2, 3, 5-7-92; C.F. No. 92-1929, 91,2-9-93; C.F. No. 97-1445, 91,12-30-97; c.P. 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 8/8101 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 8/8101 8/20101 purchased retail Pioneer purChased 8/10/01 Lanes/Papa Wabasha $200.00 8/30/01 8/23101 Tronnlos retail 8/17101 Mount Kato Mankato $500.00 9/6/01 8/29/01 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 9/17101 9/17/01 on Lqr Beverage Posting CDurse minors 11/7/01 Starks Saloon Eagan $500.00 11/27/01 11/14/01 selling/serving to minors 1117/01 Oasis Market #576 Eagan $500.00 11/27/01 11/20101 seWng/serving to minors 11/7/01 Kwil< Trip #662 Eagan $500.00 11127101 11120101 selling/serving to minors 1117101 Don Pablo's Eagan $500.00 11127101 11120/01 seWngJserving to minors 11/7/01 Sidney's Eagan $500.00 11127/01 11120/01 sellinglserving to minors 11/7/01 Que Viet II Eagan $500.00 11/27/01 11/20101 selling/serving to minors 11/7/01 Rainbow Foods Eagan $500.00 11/27101 11/21/01 selling/serving to #15 minors 1117101 Holiday Eagan $500.00 11/27/01 11/21/01 selling/serving to StatiDnstore #.232 minors 1117/01 Hilton Garden Inn Eagan $500.00 11/27/01 11/26101 selling/serving to Eagan minors 11/7/01 Silver Bell Liquor Eagan $500.00 11/27/01 11/26101 selling/selVing to minors 1117101 Old Chicago Eagan $500.00 11/27/01 11/26101 selling/serving to minors 11/7/01 Dragon Place Rest Eagan $500.00 11/27/01 11/27101 selling/serving to minors 111710'1 Cherokee Sirloin Eagan $500.00 11/27/01 11/27/01 aelling/serving to Room minors 1117/01 Total Mobile Conv Eagan $500.00 11/27101 11/29/01 selling/serving to Store minors 11/7/01 Hong Wong Rest Eagan $1,000.00 11/27/0'1 11/29101 sellingJserving to minors 1117/01 Oasis Market #594 Eagan $500.00 11/27/01 12/10101 3ellinglserving to minors '1117/01 Joe Senser's Eagan $500.00 11/27101 1216/01 selling/serving to Sports Grill minors '1117/01 MGM Liquor Eagan $500.00 11/27101 12/10101 selling/serving to Warehouse minors ,~ Sf. -n, I(. L. · , I s Sec. 1.05. Penalty. (a) Ordinance violations. Any person violating any provision of the Legislative Code shall be guilty of a misdemeanor, and upon cop.~tigrothereof may be punished by a fine not to exceed seven hundred dollars ($700",00)l8ny Imprisonment for a term not to exceed ninety (90) days, or both, regardl<!Ss of whether a lesser penalty is fLxed 01' 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 tine 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 of limiting the power of the judicim'y to establish and use recommended fine schedules for violations of provisions of the Legislative Code. (b) AIaximumjz'nes after August /, 2000. Notwithstanding subsection (a) above, on and after August I, 2000, the maximum allowable fine for a misdemeanor shall be one tllOus,md 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. Notwitllstanding any other provision of the Legislative Code to the contrary, the plmishment tor violation of lilY 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, !:i 500.05; C.F. No. OM73, S 1,7-5-00) Sec. 1.06. Liability for ordinance violations of another. (a) A person is criminally liable for a crime committed by another if he intentionally aids, advises, hires, counsels or conspires with or otherwise procures tl1e other to commit tl1e crime. (b) A person liable under paragraph (a) is ,11so liable tor any other crime committed in pursuance of the intended crime if reasonably foreseeable by him as a probabl~ consequence of committing or attempting to cOll'illlit the crime intended. (c) A person who intentionally aids, advises, hires, counsels or conspires with or otherwise procures lilother to commit a crime and thereafter ablildons his purpose lild 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 this section may be charged with and convictedofthe crime although tl1e person who directly committed it has not been convicted or has been convicted of some other degree of the crime or of some otl1er crime based on the same act. . -) --, , leaving premises with alcoholic beverage. (10) Failure to make application for license renewal prior Fine to license expiration date. (11) Sale of intoxicating liquor where only license is tor Fiue nonintoxicating liquor. (12) Failure to comply wiu, statutory, and ordinance 10 requirements Jor Jiabijily insurance. 6 18 Revocation 6 18 Revocation Revocation NA NA For those violations which occur in on-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (II), which would be a first appearance not involving multiple violations, a tine shall be imposed according to the following schedule. For those violations which occur in on-sale intoxicating liquor establishments listed above in nmnbers (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 oft~sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (ll), which would be a first appearance not involving multiple violations, a fine shall be imposed according to the following schedule, based on the square footage ofthe retail area of the establishment. For those violations which occur in olf-sale intoxicating liquor establishments listed above in numbers (3) and (4), which would be a second appearance not involving multiple violations, the [me amounts set fOt1h below shall be doubled. 5,000 square feet or less. . . . $ 500.00 5,001 square feet or more. . . . 1,000.00 A licensee who would be making a first appearance before the council may elect to pay the fine to the Office of License, [nspections 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 of the recommended tine will be considered to be a waiver ofthe hearing to which the licensee is entitled, and shall be considered ,m "appearance" for the purpose of detelwining presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's trrst appearance before the city council, the council shall consider and act upon all the violations that have been alleged and/or incorporated in the noticcs sent to the licensee under the administrative procedures act up to and including the tonnal notice of hearing. The council in that case shall consider the presumptive penalty for each such violation under the "1" Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for departure fi'om such penalties in the council's discretion. f.t I I I , -' (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 nlture 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 uot limited to, those policies, procedures and actions that are implemented at time of service aud 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 tood; c. Promote sate transportation altematives other thall driving while intoxicated; d. Prohibit employees [Uld agents of defendant Iyom consuming alcoholic beverages while acting in their capacity as employees or agents; e. Establish promotions and marketing efforts that publicize responsible business practices to the defimdant's customers and community; f Implement comprehensive training procedmes; g. Maintain an adequate, trained number of employees and agents for the type atld size of defendant's business; h. Establish a statldardized method for hiring qualitied employees; i. Reprimatld employees who violate employer policies alld procedures; atld j. Show that the licensee has enroUed in recognized courses providing training to self ,md one (1) or more employees of the licensed establishment in regard to st,mdards tor 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 (1) and the following: a. Management policies that are implemented at the time of service and that enSlU'e the eXa.tl1ination of proof of identification (as established by state law) tor all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors; b. Comprehensive training of employees who are responsible tor such examination regarding the detection of false or altered identitication; aud c. E!]]'ollment by the licensee in recognized courses providing training to selfaud one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service. CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ORDINANCE 2000-337 AN ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, ESTABLISHING 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.oI 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.50 1, 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 the 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 cumulative and in addition to every other remedy at law or in equity, in this 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 authority 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 pursuant 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 licensee 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 detennines 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 pursuant 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 (1) year after the date of revocation, nor shall such licensee be entitled to any refund of the annual license 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 revocatiun does not exceed the maximum allowed by Minnesota Jaw. 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 this 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. 111is Ordinance shall be in full force and elIect from and after its passage and publication according to law. Passed and adopteY!l:he City Council of the City of Hugo, Washington County, Milll1esota, this {.,4 day of .~ , 2000. Attest: [t).ab;.,;/ ~,~ Walter L. Staltzman, ayar ~ ~/ rJu-cv='U 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 foJlows: TYPE OF VIOLA nON l~T 2"U 3KU 4111 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 obviously $200.00 $500.00 $1,000.00 Revocation intoxicated person After hours sale of alcoholic beverages $300.00 $750.00 $1,500.00 Revocation After hours display or consumption of $200.00 $500.00 $1.000.00 Revocation alcoholic beverages *and mandatory alcohol awareness cla~s 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 ~ # day of ~,u , 2000. ArrEST: )''}' // . '/i:tLh--c-; &L-r--T<.j LA--~-fl- Mary ~ Creager, City Cler /u