HomeMy WebLinkAbout2024 07-16 CC PacketCITY OF GEM LAKE
Heritage Hall
4200 Otter Lake Road | Gem Lake, MN 55110
651-747-2790/92 | 651-747-2795 (fax)
E-mail city@gemlakemn.org
City Council Meeting – July 16, 2024
Call to Order of City Council Meeting
By Mayor Artig-Swomley at 7:_____ p.m.
Call of Roll
Artig-Swomley Cacioppo Hynes-Amlee Johnson Lindner
Approve Agenda and Minutes
• Accept the Agenda for the July 16, 2024, City Council Meeting
• Approve the Minutes from June 18, 2024, City Council Meeting
• Accept the Minutes from the July 9, 2024, Planning Commission Meeting
Special Presentations/Public Hearings
• MPCA Update – Minnesota Pollution Control Agency Representatives Tim Grape and Michael Ginsbach
Consent Agenda
• Resolution #2024-013 July 2024 Donation to White Bear Lake Area Food Shelf
• Resolution #2024-014 Joint Cooperation Agreement with the Ramsey County Housing and Redevelopment Authority
• Monthly Financial Report(s)
• Claims
Committee Reports
• Planning Commission
Old Business
• Newsletter Updates / Topics / Suggestions
• Update on Open Space Improvements
• Funding Update on Municipal Water System
New Business
• Liquor Ordinance Consolidation Ordinance No. 146
• Fee Schedule Updates
• Future Charitable Gambling Donations
o White Bear Lake Emergency Food Shelf
o Willow Lane Elementary
Community Outreach to Other Cities and Government Bodies
Presentations from the Public, 2 minutes maximum
Open Items for Council Members to Bring Up
Future Council Meetings
• Next City Council Meeting, Tuesday, August 20, 2024
o Attendance Inquiry
• Next City Council Workshop, Monday, August 12, 2024 - CANCELED
Adjournment – The meeting adjourned at ________
City of Gem Lake City Council Meeting Minutes June 18, 2024 1 | Page
City of Gem Lake
City Council Meeting – June 18, 2024
Meeting Minutes
Mayor Gretchen Artig-Swomley called the meeting to order at 7:00 p.m. Councilmembers Len Cacioppo, Jim
Lindner, Ben Johnson, and Laurel Amlee were present. Also present: City Attorney Kevin Beck, City Treasurer
Tom Kelly, MMKR CPA Jim Eichten, Planning Commission Member Don Cummings, and Acting City Clerk
Melissa Lawrence.
June 18, 2024, Agenda
A motion was introduced by Councilmember Linder to accept the agenda, seconded by Councilmember Cacioppo.
Motion carried 5-0.
Minutes
A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to approve the May
21, 2024, City Council Meeting Minutes. Motion carried 5-0.
Special Presentations/Public Hearings
2023 Audit Presentation
MMKR CPA James Eichten gave a report on the 2023 audit that was conducted on the City of Gem Lake.
Based on MMKR’s audit of the City’s financial statements for the year ended December 31, 2023:
• MMKR has issued unmodified opinions on the City’s basic financial statements.
• MMKR has reported one matter involving the City’s internal control over financial reporting that
is considered to be a material weakness:
o Due to the limited size of the City’s office staff, the City has limited segregation of duties
in certain areas.
• The results of MMKR’s testing disclosed no instances of noncompliance required to be reported
under Government Auditing Standards.
• MMKR has reported no findings based on their testing of the City’s compliance with Minnesota
law and regulations.
Councilmember Lindner introduced a motion to accept the 2023 audit, seconded by Councilmember
Cacioppo. Motion carried 5-0.
Consent Agenda
Resolution #2024-011 June 2024 Donation to White Bear Lake Area Food Shelf
Adoption of the Ramsey County Comprehensive Emergency Operations Plan
Resolution #2024-012 June 2024 Adopting the Ramsey County Comprehensive Emergency
Operations Plan (COEP)
Monthly Financial Report(s)
Claims
Mayor Artig-Swomley shared that Ramsey County is always reviewing the process of how to handle
emergency situations. An email was sent to all Ramsey County cities and towns to report and update a few
items regarding the hazard mitigation plan. The mayor will work on getting those items completed and sent
back to the County by the due date of June 28.
All items on the consent agenda were reviewed by the Council. Councilmember Lindner introduced a
motion to approve all the items listed on the consent agenda as is, seconded by Councilmember Cacioppo.
Motion carried 5-0.
Committee Reports
None
City of Gem Lake City Council Meeting Minutes June 18, 2024 2 | Page
Old Business
Newsletter Updates / Topics / Suggestions
Mayor Artig-Swomley shared that a current City Newsletter is being worked on and that she is looking for
one (1) more story to fill the newsletter to get it out in early July to inform the public that the MPCA will
be giving an update on the 1,4-dioxane contamination at the July 16 City Council meeting.
MPCA Report Request Discussion
Mayor Artig-Swomley shared that she received confirmation of attendance at the July 16 City Council
meeting from the MPCA to give an update on the well testing and any other news they may have.
Gem Lake Trail Reseeding / Tree Planting Discussion
Quotes were approved at the May City Council meeting. The approved quote from Willow River may
change based on the walk though with the Tree Trust as some of the trees on the original plan may be tree
trust trees. If the quote changes it won’t change much.
Mayor Artig-Swomley shared that the White Bear Press has been contacting the City to write a story on the
plantings that will be taking place. The reporter has talked with the Mayor, White Bear Township Public
Works Pete Tholen and Acting City Clerk Melissa Lawrence. While all three (3) of us are confused about
the reason behind this needing to be a story as it is routine maintenance, all have been very cooperative in
answering questions.
New Business
Future Charitable Gambling Donations
White Bear Lake Emergency Food Shelf
Mayor Artig-Swomley suggested that the Council donate in June in the amount of $1,500.00 to the
White Bear Lake Emergency Food Shelf. Councilmember Lindner introduced a motion to request
a donation in the amount of $1,500.00 for the White Bear Lake Emergency Food Shelf, seconded
by Councilmember Cacioppo. Motion carried 5-0.
Community Outreach
City Attorney Kevin Beck shared that there is nothing to report from Vadnais Heights, still waiting for a decision to
come down from the ALJ. There should hopefully be some news in July.
City Attorney Kevin Beck shared that he couldn’t schedule a meeting with White Bear Lake. Trying to find where in
the contract is states that it allows White Bear Lake to pass on interest payments to the Gem Lake. The City is
currently paying all monthly bills, but still has not paid the debt service bill, but money is being escrowed for it.
Mayor Artig-Swomley reminded the Council that there will be an extra meeting in November to ensure the City
holds a canvassing meeting for the election to certify the results to the County.
Councilmember Johnson said there is no update on the County Road E Corridor Project.
Councilmember Johnson shared that he received an email from the White Bear Chamber of Commerce regarding a
ribbon cutting for the new South Shore Boulevard Multi-Use Trail. Councilmember Lindner and Mayor Aritg-
Swomley will both try to attend.
Presentation from the Public, 2 minutes maximum
Planning Commission Member Don Cummings shared that there are those in the Villas standing by to volunteer for
maintenance of cottonwood trees and other invasive species that have made their way into the development.
Open Items for Council Members to Bring Up
None
City of Gem Lake City Council Meeting Minutes June 18, 2024 3 | Page
Future Council Meetings
City Council, Tuesday, July 16, 2024. City Council Workshop, Monday, July 8, 2024, is CANCELED.
Attendance Inquiry
At this time all Councilmembers in attendance will be at the July meeting. Councilmember Hynes may not
be able to attend the August meeting. Councilmember Johnson will not be in attendance at the August
meeting.
Adjournment
Being there no further business, following a motion from Councilmember Lindner, seconded by Councilmember
Artig-Swomley, the meeting adjourned at 7:38 p.m.
Respectfully submitted, Melissa Lawrence
City of Gem Lake Planning Commission Meeting Minutes July 9, 2024 1 | Page
City of Gem Lake
Planning Commission Meeting – July 9, 2024
Meeting Minutes
Planning Commission Chair Joshua Patrick called the meeting to order at 7:00 p.m. Commission Members Art Pratt,
Derek Wippich, and Stephanie Farrell were present. Not present was Commission Member Don Cumming. Also
present: City Planner Evan Monson, City Attorney Stand-in Martin Norder, and Acting City Clerk Melissa
Lawrence.
July 9, 2024
A motion was introduced by Commissioner Pratt to accept the agenda, seconded by Commissioner Wippich. Motion
carried 4-0.
Minutes
A motion was introduced by Commissioner Pratt, seconded by Commissioner Wippich to approve the May 14,
2024, Planning Commission Meeting minutes. Motion carried 4-0.
Public Hearings
None
Old Business
Ordinance No. 09, 65, and 116 Liquor Discussion
The City Council has tasked the Planning Commission with reviewing and combining ordinances regarding
Liquor. The Ordinances include:
1. Ordinances 9 and 65 – Intoxicating Liquor
2. Ordinance 116 – Non-Intoxicating Liquor
City Planner Evan Monson presented the Commission with a draft version of Ordinance No. 146 Liquor
that included the incorporation of Ordinances 9, 65 and 116. An initial draft was reviewed at the May
Planning Commission meeting.
In the meantime, City staff found a draft ordinance that was approved by City Council on January 15th,
2019. This was an amendment to Ord. No. 9. Said ordinance was never posted on the City’s website nor
was a final version saved in City records. For clarity, this ordinance will be referred to in this memo as
“Ordinance 2019.”
Due to the new information in Ord. 2019, Ord. No. 146 was edited since the last Planning Commission
meeting to reflect some of the content in Ord. 2019 as well as the content from the League of Minnesota
Cities (LMC) model ordinance.
Ord. No. 146 combined the above liquor ordinances. Content updates are aligned with state statutes.
Changes proposed include revising the definitions to include references to terms in state statutes, removing
references to fee amounts and placing them in the Fee Schedule (Ord. No. 135), and adding measurable
distance requirements regarding locations. See City Planner Memo attached.
The Commission reviewed the new proposed Ordinance 146 and suggested some additional minor changes
to be reflected before it is put in front of the Council for approval. The Commission would like to forward
the document along to the City Council for approval based on the suggested edits made by the City Planner
and additional suggestions by the Commission.
Commissioner Pratt introduced a motion, seconded by Commissioner Wippich. Motion carried 4-0.
City of Gem Lake Planning Commission Meeting Minutes July 9, 2024 2 | Page
Fee Schedule Suggested Changes
Along with the Ordinance updates, City Planner Evan Monson recommends that the City’s Fee
Schedule (Ordinance No. 135) be updated to list any fees, fines, and other charges that are
currently in the Liquor ordinances. Sunday On-Sale, Liquor Off-Sale, On-Sale Wine, and One Day
Consumption/Display license fees have maximum amounts by State Statute. All other fees are set
by the city. See City Planner Memo attached.
The Commission discussed the suggested fee schedule updates and would like to forward the
document along to the City Council for approval based on the edits made by the City Planner.
Commissioner Pratt introduced a motion, seconded by Commissioner Wippich. Motion carried 4-
0.
New Business
None
Open Items for Commission Members to Bring Up
None
Future Meetings
City Council Meeting, Tuesday, July 16, 2024, at Heritage Hall, and Planning Commission Meeting, Tuesday,
August 14, 2024, at Heritage Hall.
Commission Chair Patrick shared that if the municipal water and septic ordinances listed on the draft August agenda
are not ready for discussion that the Commission could possibly skip the August meeting and push the hunting
ordinance discussion to the September meeting.
Attendance Inquiry
Commissioner Chair Patrick surveyed the Commission to see if any of the members would have any issues
attending the August 14, 2024, meeting. At this time Commissioner Farrell is the only one that may have a
conflict.
Adjournment
Being there no further business, following a motion from Commissioner Wippich, seconded by Commissioner Pratt,
the meeting adjourned at 7:31 p.m.
Respectfully submitted, Melissa Lawrence
City of Gem Lake
County of Ramsey
State of Minnesota
Resolution No. 2024-0013
A RESOLUTION AUTHORIZING THE CITY TREASURER TO DISTRIBUTE A
PORTION OF THE CHARITABLE GAMBLING FUNDS TO THE WHITE BEAR
LAKE AREA FOOD SHELF.
WHEREAS, the City of Gem Lake participates in the distribution of charitable gambling funds
received from the Country Lounge
WHEREAS, the City of Gem Lake distributes these funds to local 501(c)(3) tax-exempt
organizations
WHEREAS, the City of Gem Lake City Council suggested a donation at their June 18, 2024
meeting in support of the White Bear Lake Area Food Shelf.
NOW, THEREFORE BE IT RESOLVED, by the City of Gem Lake, Minnesota, the City
Treasurer is authorized to send $1,500.00 to support the White Bear Lake Area Food Shelf for
the month of July 2024.
The motion for adoption of the foregoing Resolution was duly introduced by Councilmember
__________ and supported by Councilmember __________, and upon vote being taken thereon,
the resolution passed with a vote of _____ in favor and _____ against.
ATTEST
I, Melissa Lawrence, the duly qualified Acting City Clerk of the City of Gem Lake, County of
Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and
accurate representation of action taken by the City Council of the City of Gem Lake on the date
first written.
July 16, 2024
Melissa Lawrence, Acting City Clerk Date
June 20, 2024
Mayor Gretchen Artig-Swomley
Melissa Lawrence, City Clerk
City of Gem Lake
4200 Otter Lake Road
Gem Lake, MN 55110
Dear Mayor Artig-Swomley and Ms. Lawrence,
Ramsey County has been an Entitlement Urban County and received an annual allocation of
Community Development Block Grant (CDBG) dollars through the U.S. Department of Housing and
Urban Development (HUD) since 1986. This money has been used to undertake housing and
community development activities primarily benefiting the low and moderate-income residents of
suburban Ramsey County. Since 1992, the Home Investment Partnerships Act (HOME) program has
also been a resource for the County. Ramsey County’s eligibility for both programs and the actual
dollar amount received are based on the total population of jurisdictions choosing to participate.
Sixteen suburban communities have chosen to participate in the agreement process over the past
thirty years, ensuring a guaranteed annual allocation for the County and those suburban municipalities
that desire to actively participate in the program.
Our records show that since 1985 your community has signed cooperative agreements with the county
to ensure eligibility. The agreement provides for automatic renewal unless a municipality notifies the
county in writing by July 19, 2024 that it wishes to opt out of the agreement. Ramsey County may need
to have municipalities sign amendments this year to include sample cooperation agreement language
that was contained in the 2024 CPD Notice issued by HUD. We are waiting for a determination on that
issue. If needed, the amendment will be sent to you within the next 30 days and will need to be signed
by an authorized signatory for the municipality and returned to Ramsey County within 30 days.
HUD requires that all participants be notified that:
1. if a municipality chooses to remain with the urban county, it is ineligible to apply for grants under
the State CDBG program (Small Cities) while part of the urban county;
2. if a municipality is part of the urban county, it is also a participant in the HOME program; and
3. if a municipality elects to “opt-out” it may not have an opportunity to participate with the urban
county for the next three years.
INCLUSION IN THE COUNTY ENTITLEMENT DOES NOT REQUIRE THAT YOU ACTIVELY PARTICPATE IN
THE PROGRAM. IT DOES PROVIDE THE COUNTY WITH THE NEEDED POPULATION TO QUALIFY AND
INFLUENCES OUR ANNUAL ALLOCATION.
We are pleased with the active participation of our municipalities in the program. Ramsey County’s
suburban communities have set county-wide priorities for use of CDBG and HOME funds. These
priorities have resulted in the funding of local public services including food resources, tenant
resources, local infrastructure projects, and over 3,000 low-income suburban homeowners receiving
rehabilitation funding.
The HOME funds, which are used exclusively for affordable housing, have resulted in the addition of
several large-scale rehabilitation projects, the new construction of affordable rental units, and
expanded homeownership opportunities in suburban Ramsey County for families.
Should you have any questions, or need assistance, please contact Max Holdhusen at 651-266-8026 or
email at max.holdhusen@co.ramsey.mn.us.
Sincerely,
Max Holdhusen
Ramsey County
Community and Economic Development
Deputy Director of Housing Development
1
FOURTH AMENDMENT TO
JOINT COOPERATION AGREEMENT
WHEREAS, the Ramsey County Housing and Redevelopment Authority
("Authority") and ("Municipality"), each a political subdivision
of the State of Minnesota, entered into a joint cooperative agreement dated August 19,
1985, as amended May 10, 2006, June 24, 2015, and August 24, 2021 ("Agreement");
and
WHEREAS Title I of the Housing and Community Development Act of 1974,
42 U.S.C. § 5301 et seq., as amended, ("CDBG Act") provides for a program of
community development block grants; and
WHEREAS, computation of a county's population as an Urban County as that term
is used in the CDBG Act included the Municipality with which it has entered into the
Agreement to undertake or to assist in the undertaking of essential activities pursuant to
community development block grants; and
WHEREAS, HUD CPD Notice 24-02 requires that an Urban County requalifying in
fiscal year (FY) 2024 for the FY 2025-2027 qualification period is required to make any
necessary revisions to its cooperation agreements at the time that it requalifies; and
WHEREAS, the Authority requalified for the FY 2025-2027 qualification period and
therefore amends the Agreement; and
WHEREAS, the Mayor of the Municipality, or an authorized signatory, is authorized to
execute this amendment to the Agreement on the Municipality’s behalf; and
WHEREAS, the County Manager is authorized to execute this amendment to the
Agreement on the Authority’s behalf; and
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
1. Paragraph 4.L.2 of the Agreement is amended and replaced with the following:
2
may participate in a HOME and ESG Programs only through the Authority. If Ramsey County
does not receive a HOME formula allocation, the Municipality may not form a HOME
consortium with other units of general local government. This does not preclude the Urban
County or the Municipality from applying for HOME or ESG funds from the State, if the State
allows.
2. Except as modified herein, the terms of the Agreement shall remain in full force and effect.
(Signature pages to follow)
3
RAMSEY COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY
By:
Johanna Berg
Ramsey County Manager
Dated:
APPROVAL RECOMMENDED:
Max Holdhusen
Deputy Director Housing Development
APPROVED AS TO FORM:
Assistant Ramsey County Attorney
This Document Drafted By:
Office of the Ramsey County Attorney
360 Wabasha St. N., Suite 100
Saint Paul, MN 55102
4
MUNICIPALITY
By:
Its:
Dated:
City of Gem Lake
County of Ramsey
State of Minnesota
Resolution No. 2024-0014
A RESOLUTION AUTHORIZING THE CITY OF GEM LAKE TO ENTER INTO A JOINT
COOPERATION AGREEMENT WITH THE RAMSEY COUNTY HOUSING AND REDEVELOPMENT
AUTHORITY.
WHEREAS, the Ramsey County Housing and Redevelopment Authority ("Authority") and the City of Gem Lake
("Municipality"), each a political subdivision of the State of Minnesota, entered into a joint cooperative agreement
dated August 19, 1985, as amended May 10, 2006, June 24, 2015, and August 24, 2021 ("Agreement"); and
WHEREAS, Title I of the Housing and Community Development Act of 1974, 42 U.S.C. § 5301 et seq., as
amended, ("CDBG Act") provides for a program of
community development block grants; and
WHEREAS, computation of a county's population as an Urban County as that term is used in the CDBG Act
included the Municipality with which it has entered into the Agreement to undertake or to assist in the undertaking
of essential activities pursuant to community development block grants; and
WHEREAS, HUD CPD Notice 24-02 requires that an Urban County requalifying in fiscal year (FY) 2024 for the
FY 2025-2027 qualification period is required to make any necessary revisions to its cooperation agreements at the
time that it requalifies; and
WHEREAS, the Authority requalified for the FY 2025-2027 qualification period and therefore amends the
Agreement; and
WHEREAS, the Mayor of the Municipality, or an authorized signatory, is authorized to execute this amendment to
the Agreement on the Municipality’s behalf; and
WHEREAS, the County Manager is authorized to execute this amendment to the Agreement on the Authority’s
behalf; and
NOW, THEREFORE, BE IT RESOLVED, the Parties agree to amend the Agreement as follows:
1. Paragraph 4.L.2 of the Agreement is amended and replaced with the following: may participate in a HOME and
ESG Programs only through the Authority. If Ramsey County does not receive a HOME formula allocation, the
Municipality may not form a HOME consortium with other units of general local government. This does not
preclude the Urban County or the Municipality from applying for HOME or ESG funds from the State, if the
State allows.
2. Except as modified herein, the terms of the Agreement shall remain in full force and effect.
The motion for adoption of the foregoing Resolution was duly introduced by Councilmember __________ and
supported by Councilmember __________, and upon vote being taken thereon, the resolution passed with a vote of
_____ in favor and _____ against.
ATTEST
I, Melissa Lawrence, the duly qualified Acting City Clerk of the City of Gem Lake, County of Ramsey, State of
Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by
the City Council of the City of Gem Lake on the date first written.
July 16, 2024
Melissa Lawrence, Acting City Clerk Date
CITY OF GEM LAKE
Claims For Payment Period Ending:7/16/2024
Signatures Approving Claims Date of Approval
Gretchen Artig-Swomley, Mayor
Ben Johnson, Council
Jim Lindner, Council
Len Cacioppo, Council
Laurel Amlee, Council
Tom Kelly, Treasurer
Fund Totals $ Amount
General Fund 22,482.02
Parks & Playgrounds 0.00
2004 Debt Service Fund 0.00
2006 Debt Service Fund 0.00
2015 Debt Service Fund 0.00
2018 Debt Service Fund 0.00
Improvement Fund 0.00
Scheuneman Road Improvements 0.00
Hoffman Road Improvements 0.00
601-Sewer Fund 0.00
600-Water Fund 10,087.94
Investment Trust Fund
Total All Funds 32,569.96
Claims for Payment Check Numbers 12549 through 12567
7/16/24 at 09:23:04.22 Page: 1
City of Gem Lake
Check Register - Prepaid Checks
For the Period From Jul 1, 2024 to Jul 31, 2024
Filter Criteria includes: Report order is by Check Number.
Check #Date Payee Amount
12548 7/5/24 Melissa Lawrence 2,026.01
12549 7/16/24 City of W hite Bear Lake 12,967.09
12550 7/16/24 Corporate Mechanical 276.25
12551 7/16/24 Coverall of the Twin Cities 320.00
12552 7/16/24 CINTAS 31.95
12553 7/16/24 Melissa Lawrence 22.58
12554 7/16/24 Metropolitan Council 10,077.14
12555 7/16/24 METRO-INET 981.00
12556 7/16/24 MRA-THE MANAGEMENT ASSOC INC 480.00
12557 7/16/24 Gopher State One Call 10.80
12558 7/16/24 Premier Banks 18.00
12559 7/16/24 PAINTING BY NAKASONE, INC 419.75
12560 7/16/24 POLAR GLASS & MIRROR 960.00
12561 7/16/24 Ramsey County 1,166.00
12562 7/16/24 REPUBLIC SERVICES 1,033.76
12563 7/16/24 RED LILY 100.00
12564 7/16/24 SEH 1,905.49
12565 7/16/24 White Bear Lake Emergency Food Shelf 1,500.00
12566 7/16/24 WHITE BEAR TOW NSHIP UTILITY BILLIN 227.62
12567 7/16/24 Xcel Energy 72.53
Total 34,595.97
7/16/24 at 09:22:48.58 Page: 1
City of Gem Lake
Claims for Approval
For the Period From Jul 1, 2024 to Jul 31, 2024
Filter Criteria includes: 1) Includes Drop Shipments. Report order is by Date. Report is printed in Detail Format.
Date Account ID Account Description Invoice/CM #Line Description Debit Amount Credit Amount
7/1/24 600-11500 Accounts Receivable 0001170553 MAY 2024 W ASTEW ATER 5,038.57
600-10100 CASH - 600 CASH ADJUSTMENTS 5,038.57
100-10100 CASH - 100 CASH ADJUSTMENTS 5,038.57
100-20200 Accounts Payable Metropolitan Council 5,038.57
7/1/24 600-11500 Accounts Receivable 0001175394 AUGUST 2024 W ASTEW ATER 5,038.57
600-10100 CASH - 600 CASH ADJUSTMENTS 5,038.57
100-10100 CASH - 100 CASH ADJUSTMENTS 5,038.57
100-20200 Accounts Payable Metropolitan Council 5,038.57
7/1/24 100-41940-300 Professional Services 00463033 MARKET PRICING MAY 2024 480.00
100-20200 Accounts Payable MRA-THE MANAGEMENT ASSOC INC 480.00
7/1/24 100-41900-384 Recycling Collection 0899-004501171 JUNE 2024 RECYCLING 1,033.76
100-20200 Accounts Payable REPUBLIC SERVICES 1,033.76
7/1/24 100-41940-309 Contract Services 1590038027 JULY 2024 JANITORIAL SVCS 320.00
100-20200 Accounts Payable Coverall of the Twin Cities 320.00
7/1/24 100-41900-331 Mileage 2024 JUNE JUNE 2024 MILEAGE 13.87
100-20200 Accounts Payable Melissa Lawrence 13.87
7/1/24 100-41900-334 Computer Services 2045 JUNE 2024 IT SVCS 981.00
100-20200 Accounts Payable METRO-INET 981.00
7/1/24 100-41940-520 Buildings & Structures 2874 TEMPERED GLASS W INDOW
INSTALLED AT FRONT COUNTER
960.00
100-20200 Accounts Payable POLAR GLASS & MIRROR 960.00
7/1/24 100-41940-300 Professional Services 292 GEM LAKE W EBSITE MAINTENANCE 100.00
100-20200 Accounts Payable RED LILY 100.00
7/1/24 100-41940-385 Water/Sewer Utilities 2ND QTR 2024 2024 2ND QTR UTILITY BILL 227.62
100-20200 Accounts Payable WHITE BEAR TOW NSHIP UTILITY
BILLING
227.62
7/1/24 600-44100-319 Locates 4060415 JUNE 2024 LOCATES 10.80
600-10100 CASH - 600 CASH ADJUSTMENTS 10.80
100-10100 CASH - 100 CASH ADJUSTMENTS 10.80
100-20200 Accounts Payable Gopher State One Call 10.80
7/1/24 100-41940-309 Contract Services 4197046052 RUGS 31.95
100-20200 Accounts Payable CINTAS 31.95
7/1/24 100-41910-302 Engineering 469353 GEMLK 2023-24 GEN ENG SERVICES 1,905.49
100-20200 Accounts Payable SEH 1,905.49
7/1/24 100-41940-300 Professional Services 8486 PATCH AND PAINT HERITAGE HALL 419.75
7/16/24 at 09:22:48.62 Page: 2
City of Gem Lake
Claims for Approval
For the Period From Jul 1, 2024 to Jul 31, 2024
Filter Criteria includes: 1) Includes Drop Shipments. Report order is by Date. Report is printed in Detail Format.
Date Account ID Account Description Invoice/CM #Line Description Debit Amount Credit Amount
100-20200 Accounts Payable PAINTING BY NAKASONE, INC 419.75
7/1/24 100-43122-382 Street Lights 884187122 STREET LIGHTS 72.53
100-20200 Accounts Payable Xcel Energy 72.53
7/1/24 100-41940-309 Contract Services C002367 JULY 2024 QUARTERLY BILLING 276.25
100-20200 Accounts Payable Corporate Mechanical 276.25
7/1/24 100-42200-311 Fire Services JULY 2024 FIRE SERVICES 2,665.17
100-42100-305 Regular Law Enforceme POLICE SERVICES 9,656.42
100-42200-312 Fire Marshall Service FIRE INSPECTION 645.50
100-20200 Accounts Payable City of W hite Bear Lake 12,967.09
7/1/24 100-22000 Gambling Proceeds JULY 2024 DONATION PER CITY COUNCIL 1,500.00
100-20200 Accounts Payable White Bear Lake Emergency Food Shelf 1,500.00
7/1/24 100-41900-331 Mileage JULY 2024 JULY 2024 MILEAGE 8.71
100-20200 Accounts Payable Melissa Lawrence 8.71
7/1/24 100-41900-200 Office Supplies JULY 2024 COOKIES FOR COUNCIL MEETING 18.00
100-20200 Accounts Payable Premier Banks 18.00
7/1/24 100-41410-307 Contracted Services PRRRV-002763 3RD QTR ELECTION SVCS 1,166.00
100-20200 Accounts Payable Ramsey County 1,166.00
42,657.90 42,657.90
July 1, 2024
Dear Mayor Gretchen Artig-Swomley,
This is to notify you of an update on your Community Project Funding (CPF) request for Phase 2
of the Municipal Water Supply Project for the City of Gem Lake. Last week the House
Subcommittee on Interior, Environment, and Related Agencies (Interior) met to markup the
Fiscal Year 2025 (FY25) appropriations bill. Your project has been allocated $1,105,800 in the
House of Representatives’ FY25 Interior Appropriations bill, which is $3,382,200 below our
office’s original request for your project. I welcome the news that funding for this project has
been included to advance to the next step in the process, but the lower funding allocated by the
Majority Republicans reflects a missed opportunity to invest fully in the vision presented by the
City. The Republican Majority has departed from the equitable split of funding for community
projects that Democrats applied during the previous Congress. As a result, most CPF requests
from Democratic Members are being funded well below what was submitted for our
communities’ projects.
Please note that the inclusion of your request in this House bill is not a guarantee of funding .
The next step in the appropriations process for this legislation will be markup in the full
Appropriations Committee, which we anticipate will take place the week of July 8. The timeline
for the further steps of full House consideration and the eventual Conference Committee are still
unknown, and the overall outcome of all FY25 funding legislation remains uncertain. The point
of contact in my office for this request is Rebecca Taylor (Rebecca.Taylor@mail.house.gov;
202-657-7015). Feel free to reach out to her with any questions. She will continue to be in touch
with you throughout the process to keep you informed about the status of your request.
Congratulations on advancing to the next level in this process, and thank you for the work you
are doing and have envisioned in your project submission to improve Minnesota’s Fourth
District and the lives of those who call it home.
Sincerely,
Betty McCollum
Member of Congress
FY2025 PRELIMINARY HOUSE CDS
Project Location Award
AGRICULTURE
City of Le Sueur, Community & Recreation Center
Redevelopment
Le Sueur $1,000,000
City of New Prague, Police Station Construction New Prague $1,000,000
Emplify Health (formerly Gundersen), Expansion of primary
care, rehabilitation, and retail pharmacy services
Wabasha $2,500,000
City of Spring Grove, Fire Station Improvements Spring Grove $1,500,000
City of Danube, Cold Spring Fire House Construction Cold Spring $2,000,000
City of Danube, Water Treatment Plant and Well Rehabilitation Danube $2,850,000
City of Kanidyohi, Water Tower Construction and Watermain
Replacement
Kandiyohi $4,800,000
City of Plummer, Watermain Pipe Replacement Plummer $1,500,000
City of Harris, Municipal Water System Improvement and
Watermain Looping
Harris $1,374,469
COMMERCE, JUSTICE, SCIENCE
Ramsey County, Wet Bulb Globe Tech Sensor Network Ramsey County $750,000
Macalester College, Humanities Focused AI Research St. Paul $500,000
City of West St. Paul, South Metro Community Opioid
Response and Education (CORE) Team
West St. Paul $1,190,000
Scott County, SCALE Regional Public Safety Training Facility
Range Trap Replacement
Jordan $1,184,000
Finishing Trades Institute of the Upper Midwest Trust Fund,
Recidivism Reduction through Workforce Participation
Little Canada $1,184,000
City of St. Paul, CCTV Improvement Project St. Paul $950,000
Washington County, Body-worn and Squad Car Cameras Washington County $1,184,000
Generation Hope MN, Justice Empowerment Initiative by
Generation Hope
Minneapolis $1,184,000
Hennepin Technical College Foundation, Public Safety Cross-
Functional Training Center
Brooklyn Park $1,184,000
Maria Pew Family Foundation, dba Maria's Voice, Domestic
Violence Prevention Education Initiative
Chaska $300,000
City of Burnsville, Burnsville Public Safety Mobile Command
Post Replacement
Burnsville $1,184,000
Scott County, Law Enforcement Records System Scott County $1,184,000
City of South St. Paul, First Responder Safety Initiative South St. Paul $50,000
City of Woodbury, Public Safety Communications and Response
Equipment
Woodbury $1,184,000
City of Rochester, Police Department School Safety &
Emergency Connectivity Project
Rochester $250,000
City of Minnetonka, Policing Equipment and Technology
Upgrades
Minnetonka $1,184,000
ENERGY AND WATER
Upper St. Anthony Falls, Mississippi River, MN (Disposition
Study); U.S. Army Corps of Engineers
Minneapolis $450,000
INTERIOR AND ENVIRONMENT
City of Hastings for PFAS and Nitrates Treatment Phase #1 Hastings $1,105,800
City of Big Lake for Wastewater Treatment Plant Improvements Big Lake $2,000,000
City of Cokato for Water Main Extension Cokato $2,000,000
City of Foley for Water Treatment Plant and Well Construction Foley $2,000,000
City of Gilman for Infrastructure Improvement Project Gilman $2,000,000
City of Montrose for Wastewater Treatment Plant Improvements Montrose $2,000,000
City of Norwood Young America for Water Infrastructure
Improvements
Norwood Young
America
$1,600,000
City of Rockford for Wastewater Treatment Plant Upgrades Rockford $2,000,000
Laketown Township for Community Sewer Improvement
Project
Laketown Township $2,000,000
City of Butterfield for Wastewater Treatment Facility Repairs Butterfield $1,050,000
City of Caledonia for Water Tower Rehabilitation Caledonia $960,000
City of Dennison for Water Infrastructure Improvement Project Dennison $1,000,000
City of Eagle Lake for Water Treatment Improvement Project Eagle Lake $1,050,000
City of Manchester for Water Main Reconstruction Manchester $1,050,000
City of Nerstrand for Water Infrastructure Improvements Nerstrand $1,000,000
City of Okabena for Water Distribution System Repairs Okabena $1,050,000
City of Pemberton for Distribution System Repairs Pemberton $800,000
City of Peterson for Well Construction Peterson $600,000
Barnesville for Water Improvement Project Barnesville $750,000
City of Elizabeth for Water Improvement Project Elizabeth $1,750,000
City of Ruthton for Water Tower Replacement Ruthton $750,000
City of Wheaton for Water Main Pipe Replacement Wheaton $750,000
Hanley Falls for Sewer and Water Main Replacement Hanley Falls $750,000
Henderson for Water Filtration Plant Construction Henderson $750,000
Lake Henry for Sewer System Replacement Lake Henry $920,000
Lake Lillian for Water System Updates Lake Lillian $750,000
Polk County for Water Improvement Project Polk County $750,000
City of Gem Lake for Municipal Water Supply Project, Phase 2 Gem Lake $1,105,800
City of Stillwater for PFAS Water Treatment Facility Stillwater $1,105,800
City of New Hope for Sanitary Sewer Lining Project New Hope $1,105,800
City of Robbinsdale for Storm Sewer Rehabilitation and
Expansion
Robbinsdale $1,105,800
City of Spring Lake Park for Stormwater Resiliency Project Spring Lake Park $816,000
City of Bloomington for Booster Station Pump Replacement Bloomington $1,105,800
City of Minnetrista for Manganese Mitigation Project Minnetrista $1,105,800
City of Mound for Water Treatment Plant Manganese Removal,
Phase 3
Mound $1,105,800
City of Bemidji for Wastewater Treatment Facility Project Bemidji $750,000
City of Coleraine for Water Infrastructure Upgrades Coleraine $1,000,000
City of Cook for Water Storage Reconstruction Cook $315,000
City of Duluth for Water Treatment Plant Rehabilitation Project Duluth $1,000,000
City of Ely for Water System Improvements Ely $2,000,000
City of Keewatin for Water Infrastructure Upgrades Keewatin $750,000
City of Kettle River for Water Infrastructure Improvements Kettle River $1,000,000
City of Mountain Iron for Water Main Loop Project Mountain Iron $750,000
City of Nashwauk for Water Infrastructure Improvements Nashwauk $1,000,000
City of Pine City for Wastewater Treatment Pond System
Upgrade Project
Pine City $750,000
Hibbing Public Utilities for Water Infrastructure Improvement
and Expansion Project
Hibbing $2,000,000
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT
Mankato Regional Airport Air Traffic Control Tower Mankato $2,100,000
Metropolitan Airports Commission, MSP Terminal 2 South
Expansion - Airside Improvements
Bloomington $250,000
Dakota County, I-35 Bridges and CH 50 Interchange Lakeville $1,250,000
City of Prior Lake, TH 13 Trail - 150th Street to Candy Cove Prior Lake $850,000
Washington County, 19A/100th Street Realignment -
Intersection with TH61
Cottage Grove $250,000
Dakota County River to River Greenway Mendota Heights $250,000
Stearns County, Town Line Road Reconstruction LeSauk, St. Wendel,
Brockway
$1,500,000
City of St. Cloud, Heatherwood Road Infrastructure & Multi-
Modal Improvements
St. Cloud $7,000,000
Carver County, Highway 5 Phase II Reconstruction Victoria $4,700,000
City of Hanover, CSAH 19/CSAH 123 Intersection
Improvements
Hanover $1,500,000
City of Ham Lake, Trunk Highway 65 East Frontage Road Ham Lake $900,000
City of Woodbury, Weir Drive Reconstruction Phase II Woodbury $850,000
Washington County, TH 120/CSAH 27 Reconstruction Project Mahtomedi $850,000
City of St. Paul, Randolph Ave Bridge Reconstruction Saint Paul $500,000
Washington County, County Highway 18 and Settlers Ridge
Parkway Reconstruction
Woodbury $250,000
City of Fridley, Northtown Railyard Overpass Connector Fridley $850,000
City of Richfield, 73rd Street Pedestrian Bridge and Trail
Connections
Richfield $850,000
City of Anoka, Highway 47 Corridor and BNSF Railroad Grade
Separation
Anoka $1,250,000
City of Rogers, Main Street (CSAH 150) Reconstruction Rogers $850,000
City of Coon Rapids, Trunk Highway 610 & East River Road
Full Access Interchange
Coon Rapids $850,000
City of Maple Grove, Highway 169 & County Road 130
Interchange Mobility Project
Maple Grove $250,000
Washington County, CSAH 32 Pedestrian and Safety
Improvements
Forest Lake $9,000,000
Chisago County, Highway 8 Reconstruction Center City $5,000,000
Metropolitan Council, H Line BRT $250,000
City of Lakeville, Lakeville FiRST Center Lakeville $850,000
City of Farmington, Farmington Rambling River Park Veteran's
Pavilion
Farmington $350,000
City of Carver, Levee Modernization Carver $3,350,000
City of Sartell, Watershed Flood Mitigation Sartell $7,000,000
City of Shoreview, Lake Johannah Fire Department Shoreview $3,000,000
City of Maplewood, East Metro Public Safety Training Center
Expansion Project
Maplewood $2,000,000
City of St. Paul, Hayden Heights Library Reconstruction Phase
II
St. Paul $1,000,000
Hennepin County, Emergency Shelter System Hennepin County $3,000,000
City of Crystal, MAC Wildlife Area ADA-compliant Trail and
Boardwalk Walking Loop - Crystal
Crystal $1,750,000
City of Hilltop, Emergency Tornado Shelter Hilltop $1,000,000
City of Minneapolis, Pedestrian Access and Safety
improvements
Minneapolis $850,000
Independent School District 286, Brooklyn Center Community
Schools, STEAM Elementary Community Schoolyard
Brooklyn Center $850,000
City of Columbia Heights, Municipal Vehicle Facility
Reconstruction
Columbia Heights $250,000
City of Minneapolis, Fire Station Alerting System Minneapolis $250,000
City of Excelsior, WAFTA Site Cleanup Excelsior $2,200,000
City of Deephaven, Deephaven Park Improvements Deephaven $1,000,000
City of Champlin, Animal Containment Facility Update Champlin $275,000
City of Brooklyn Park, Brooklyn Park Trunk Highway
Watermain Crossings
Brooklyn Park $500,000
City of Edina, Fire Training Tower Burner Replacement Edina $250,000
Memorandum
To: Gem Lake City Council Project Reference: Ordinance Updates
Copies To: Melissa Lawrence, City Clerk
Kevin Beck, Attorney TKDA Project No.: 21076.000
From: CJ Sycks, Planner Client No.:
Evan Monson, Planner
Date: July 10, 2024
SUBJECT: Discussion regarding the Gem Lake Liquor Ordinances
MEETING DATE: July 16, 2024
ITEMS REVIEWED: Gem Lake’s current and past ordinances regarding Liquor, League of Minnesota
Cities Model Liquor Ordinance, Minnesota State Statute 340A, and the City Fee
Schedule.
OVERVIEW
The City Council tasked the Planning Commission with reviewing and combining ordinances regarding Liquor.
The Ordinances include:
1. Ordinances 9 and 65 – Intoxicating Liquor
2. Ordinance 116 – Non-Intoxicating Liquor
Ordinances 9, 65 and 116 were combined into a new Ordinance, Ord. No. 146. An initial draft was reviewed at the
May Planning Commission meeting.
In the meantime, City staff found a draft ordinance that was approved by City Council on January 15th, 2019. This
was an amendment to Ord. No. 9. Said ordinance was never posted on the City’s website by previous staff, nor
was a ‘final’ version saved in City records. For clarity, this ordinance will be referred to in this memo as “Ord.
2019.”
Due to the new information in Ord. 2019, staff further revised Ord. No. 146 to reflect some of the content in Ord.
2019, as well as the content from the League of Minnesota Cities (LMC) model ordinance.
ORDINANCE UPDATES
Intoxicating Liquor
Ord. No. 9 was adopted in 1963 and was amended in 1989, 2009, 2022, and 2023. This ordinance regulates the
sale and consumption of liquor, and the penalties for violation. The most recent amendment, Ord. No. 116, has
been incorporated into proposed Ord. No. 146.
Non-Intoxicating Liquor
Ord. No. 65 was adopted in 1995 and amended in 2009. This ordinance regulates the sale and consumption of
non-intoxicating liquor and the penalties for violation. Ord. 65 has been incorporated into Proposed Ord. No. 146.
Ordinance 2019
The adopted Ord. No. 9 (Ord. 2019) was approved by City Council on January 1 5th, 2019. This was a combined
intoxicating and non-intoxicating liquor ordinance. There have been two amendments to Ord. No. 9 since 2019,
creating significant differences in content between this version and the version of Ord. No. 9 on the City’s website.
Aspects of Ord. 2019 were incorporated into proposed Ord. No. 146.
Gem Lake – Ordinance Updates
Gem Lake City Council
July 16, 2024
Page 2
Gem Lake – Ordinance Updates
Gem Lake City Council
July 16, 2024
Page 3
Proposed New Ordinance
Ord. No. 146 combined the above liquor ordinances. Changes proposed include revising the definitions to include
references to terms in state statutes, removing references to fee amounts and placing them in the Fee Schedule
(Ord. No. 135), and adding measurable distance requirements regarding locations. Significant proposed changes
are listed in Table 1.
Table 1: Most Significant Proposed Changes
Current Proposed
Title “Non-Intoxicating Liquor” and
“Intoxicating Liquor”
“Liquor”
Definitions N/A Includes intoxicating liquor, non-intoxicating liquor,
and liquor (both). Now references the definitions in
Minn. Statutes.
Licenses Required
(4)
Listed 5 licenses (on-sale liquor,
off-sale liquor, on-sale wine,
Sunday on-sale)
Includes all 19 license types as stated in state
statutes, organized by general type.
Investigation Fee
(7.2)
“…the applicant shall pay the
actual cost of the investigation,
up to $10,000.00”
“An applicant seeking an “On-Sale” license shall
pay the actual cost of investigation, up to
$10,000, in addition to the required annual
license fee, as determined by the City’s Fee
Schedule as adopted by ordinance.”
Persons Ineligible
for License (9.1)
“No license shall be issued to an
individual who is a nonresident of
the City”
This language is proposed to be removed.
Places Ineligible
for License (10.4)
“No license shall be granted
within a reasonable distance of
any school church, or private
home at the determination of the
City Council”
“No license shall be granted within 500 feet of any
school, church, or private home. The distance
between the establishments shall be measured
from the points in which the edges of the structures
are nearest to one another.”
Conditions of
License (11.5-6)
N/A Inserted a clause requiring permits be displayed
and a clause requiring licensees to report any
changes to their application information.
Temporary
Amendments to
Liquor Licenses
(12)
N/A Inserted language from Ord. 2019 regarding
temporary amendments to allow adjacent areas to
be used under the existing license for special
events.
Restrictions on
Serving, Purchase
and Consumption
(13.5-7)
N/A Inserted three clauses as recommended by the
LMC to restrict consumption and availability of
liquor 30 minutes after final legal sale.
Nudity on the
Premises of
Licensed
Establishments
Prohibited (14)
N/A Inserted language as recommended by the League
of Minnesota Cities to protect the public from harm
stemming from the combination of nudity, alcohol,
and sex.
Gem Lake – Ordinance Updates
Gem Lake City Council
July 16, 2024
Page 4
Hearing Notice
(15.1.2)
States in the Non-Intoxicating
Ord. that there shall be 8 days’
notice.
“…at least ten (10) days in advance, not to exceed
thirty (30) days”
Fee Schedule Updates
Along with the Ordinance updates listed above, Staff recommends that the City’s Fee Schedule (Ordinance No.
135) be updated to house any fees, fines, and other charges that are currently in the Liquo r ordinances. Below is
an excerpt from the draft Fee Schedule. Sunday On-Sale, Liquor Off-Sale, On-sale Wine, and One Day
Consumption/Display license fees have maximum amounts by State statute. All other fees are set by the city.
Figure 1: An excerpt from the Draft City Fee Schedule, Ord. No. 135
PLANNING COMMISSION REVIEW
The Planning Commission reviewed the latest draft at their July 9th meeting. The commissioners discussed the
changes and history of the ordinances. The commissioners recommended that the Council adopt the new Ord.
No. 146, as well as the proposed changes to the City Fee Schedule (Ord. No. 135).
Gem Lake – Ordinance Updates
Gem Lake City Council
July 16, 2024
Page 5
RECOMMENDATION
The Planning Commission recommended the City Council adopt Ordinance 146, and adopt the revisions to the
City Fee Schedule (Ordinance 135).
Both a ‘clean’ version and a ‘redlined’ version of Ordinance 146 are included for review.
Attachments:
1. Ordinance 146 – Liquor – Clean
2. Ordinance 146 – Liquor – Redlined
3. 2024 City of Gem Lake Fee Schedule – Section 11 – DRAFT
CIS:epm
City of Gem Lake, Ramsey County, Minnesota
Liquor
Ordinance No. 146
AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF
INTOXICATING AND NONINTOXICATING LIQUOR AND PROVIDING A PENALTY FOR VIOLATION.
Section 1. Provisions of State Law Adopted. The provisions of Minnesota Statutes, Chapter 340A, , as they may be
amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on
consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution,
and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part
of this Chapter as if set out in full. It is the intention of the City Council that all future amendments to M.S. Ch. 340A
are hereby adopted by reference or referenced as if they had been in existence at the time this Chapter is adopted.with
reference to the definition of terms, applications for license, granting of license, conditions of license, restrictions on
consumption, provisions on-sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining to the
retail sale, distribution, and consumption of intoxicating liquor are hereby adopted and made a part of this Ordinance as
if fully set out herein.
Section 2. Title and Purpose
1. This ordinance shall be known, cited, and referred to as the “Liquor Ordinance”, except as herein referred to as
this “Ordinance”.
2. It is deemed in the interest of the public and the residents of the City of Gem Lake that any person, firm or
corporation who engages in the business of selling intoxicating liquor, non-intoxicating liquor, or both, for
consumption on or off the premises, as defined in this ordinance, shall first secure a license therefor as
provided herein.
3. The ordinance shall establish definitions related to the ordinance, regulate the application for and granting of
licenses and the fees related thereto, provide for financial responsibility on the part of the applicants, establish
conditions under which licenses shall be granted and revoked, stipulate restrictions related to the sale of all
liquor, and define penalties for violation of the ordinance.
Section 3. Definitions. In addition to the definitions contained in Minn. Stat. § 340A.101 as it may be amended from
time to time, the following terms are defined for purposes of this ordinance:
1. Intoxicating Liquor: Ethyl Alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing
more than 3.2 percent alcohol by weight.
1.2. Non-Intoxicating Liquor: Beer or malt liquor with an alcoholic content of not lessmore than one-half (0.5%)
of one percent by volume and not more than three and two -tenths (3.2%) percent by weight.
2.3. On-Sale(s): The sale of non-intoxicating liquor for consumption on the premises.
3.4. Off-Sale(s): The sale of non-intoxicating liquor for consumption off the premises.
4.5. Applicant: A person, firm, or corporation who makes application for a license with the City.
6. Licensee: A person, firm, or corporation to whom the City has issued a non-intoxicating liquor license.
7. Liquor: Without modification by the words “intoxicating” or a “3.2 percent malt” includes both intoxicating
liquor and 3.2 percent malt non-intoxicating liquor.
8. Minor: A person under twenty-one (1821) years of age.
9. Person: Any individual, partnership, association, corporation, limited liability company, club, or other
organization.
10. Restaurant. 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 where the main food course is served and consumed while
seated at a single location. To be a restaurant as defined by this section, an establishment shall have a license
from the state as required by Minn. Stat. § 157.16, as it may be amended from time to time, and meet the
definition of either a “small establishment,” “medium establishment” or “large establ ishment” as defined in
Minn. Stat. § 157.16, subd. 3(d), as it may be amended from time to time. An establishment which serves
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 restaurant for purposes of this ordinance unless it meets the definitions
of a “small establishment”, “medium establishment” or “large establishment”.
5.11. "Wine" is the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling
and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than
sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance
containing not less than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial
use. Wine does not include distilled spirits as defined in subdivision 9.
Section 4. Licenses Required. No person, except wholesalers or manufacturers to the extent authorized under State
license, shall directly or indirectly deal in, sell, or keep for sale any liquor without first having received a license to d o
so as provided in this Ordinance.
1. 3.2 Malt Non-Intoxicating Liquor Licenses.
1. 3.2 Malt Non-Intoxicating Liquor On-Sale licenses may be issued only to golf courses,
restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2
percent malt liquor with the incidental sale of tobacco and soft drinks.
2. 3.2 Malt Non-Intoxicating Liquor Off-Sale licenses obtained pursuant to this ordinance will
permit the licensee to sell 3.2 percent malt liquors for consumption. 3.2 Malt Liquor On -Sale
Licenses shall be issued to restaurants, clubs, and exclusive “on-sale” liquor stores.
3. Temporary 3.2 Malt Non-Intoxicating Liquor licenses may be issued only to a club, charitable,
religious, or nonprofit organization.
2. Intoxicating Liquor Licenses.
1. Off-sale intoxicating liquor licenses may be issued only to exclusive liquor stores or drug stores that
have an off-sale license which was first issued on or before May 1, 1994.
2. On-Sale Intoxicating Liquor licenses may be issued to the following establishments as defined by
Minn. Stat. § 340A.101, as it may be amended from time to time, and this ordinance: hotels,
restaurants, bowling centers, theaters, clubs or congressionally chartered veterans’ organizations,
theaters, resorts as defined by Minn. Stat. § 157.15, subd. 11, and exclusive liquor s tores. Club
licenses may be issued only with the approval of the Commissioner of Public Safety. The Council
may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the
licensed premises at a community festival held within the city under the provisions of Minn. Stat. §
340A.404, subd. 4(b) as it may be amended from time to time. The Council may in its sound
discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises
at any convention, banquet, conference, meeting, or social affair conducted on th e premises of a
sports, convention, or cultural facility owned by the city, under the provisions of Minn. Stat. §
340A.404, subd. 4(a) as it may be amended from time to time; however, the licensee is prohibited
from dispensing intoxicating liquor to any person attending or participating in an amateur athletic
event being held on the premises.
3. Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a
general or special election as provided by Minn. Stat. § 340A.504, subd. 3, as it may be amended
from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as
defined in Section 3 of this ordinance, club, bowling center, or hotel which has a seating capacity of
at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only
in conjunction with the service of food.
Commented [CS1]: Updated section to include all licenses
allowed by state statute.
Commented [EM2R1]: Reformatted this section a bit
4. Combination on-sale/off-sale intoxicating liquor licenses may be issued to eligible licensees in lieu of
separate on-sale and off-sale licenses if the city has a population less than 10,000.
5. Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public
Safety, may be issued only in connection with a social event sponsored by a club, charitable,
religious, or other nonprofit corporation that has existed for at least three years; a political committee
registered under state law; or a state university. No license shall be for longer than four consecutive
days, and the city shall issue no more than 12 days’ worth of temporary licenses to any one
organization in one calendar year.
3. Wine Licenses.
1. On-sale wine licenses, with the approval of the Commissioner of Public Safety may be issued to
theaters, restaurants that have facilities for seating at least 25 guests at one time and meet the criteria
of Minn. Stat. § 340A.404, subd. 5, as it may be amended from time to time, and which meet the
definition of restaurant in section 3; to licensed bed and breakfast facilities which meet the criteria in
Minn. Stat. § 340A.4011, subd. 1 , as it may be amended from time to time and to theaters that meet
the criteria of Minn. Stat. § 340A.404, subd. 1(b) as it may be amended from time to time. The holder
of an on-sale wine license who also holds an on-sale 3.2 percent malt non-intoxicating liquor license
is authorized to sell malt non-intoxicating liquor with a content over 3.2 percent without an additional
license.
2. Temporary off-sale wine licenses, with the approval of the Commission of Public Safety, may be
issued for the off-sale of wine at an auction. A license issued under this subdivision authorizes the
sale of only vintage wine of a brand and vintage that is no t commonly being offered for sale by any
wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three
consecutive days provided not more than 600 cases of wine are sold at any auction. The licenses are
subject to the terms, including license fee, imposed by Section 6.
4. One Day and Display Permits.
1. One day consumption and display permits with the approval of the Commissioner of Public Safety may
be issued to a nonprofit organization in conjunction with a social activity in the city sponsored by the
organization.
2. Approval may be issued to recipient of a consumption and display permit by the Commissioner of
Public Safety. Consumption and display permits shall expire on March 31 of each year.
5. Culinary Class License.
1. Culinary class limited on-sale licenses may be issued to a business establishment not otherwise
eligible for an on-sale intoxicating liquor license that, as part of its business, conducts culinary or
cooking classes for which payment is made by each participant or advance reservation required. The
license authorizes the licensee to furnish to each participant in each class, at no additional cost to the
participant, up to a maximum of six ounces of wine or 12 ounces of non-intoxicating malt liquor,
during and as part of the class, for consumption on the licensed premises only.
6. Brewer Licenses.
1. Brew pub on-sale intoxicating liquor or on-sale 3.2 percent malt non-intoxicating liquor licenses,
with the approval of the Commissioner of Public Safety, may be issued to brewers who operate a
restaurant in their place of manufacture and who meet the criteria established at Minn. Stat. §
340A.24, as it may be amended from time to time. Sales under this license at on-sale may not exceed
3,500 barrels per year. If a brew pub licensed under this section possesses a license for off -sale under
Section 9 (O) below, the brew pub’s total combined retail sales at on-sale or off-sale may not exceed
3,500 barrels per year, provided that off-sales may not total more than 750 barrels.
2. Brewer off-sale malt non-intoxicating liquor licenses, with the approval of the Commissioner of
Public Safety, may be issued to a brewer that is a licensee under Section 9 (N) above and otherwise
meets the criteria established at Minn. Stat. § 340A.24, as it may be amended from time to time. Off-
Commented [KB3]: I added a definition for “Wine” like
we do intoxicating and non-intoxicating
sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the city.
Malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing
time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner
required by Minn. Stat. § 340A.285 as it may be amended from time to time. Sales under this license
may not exceed 750 barrels per year. If a brewer licensed under this section possesses a license un der
Section 9 (N) above, the brewer's total retail sales at on-sale or off-sale may not exceed 3,500 barrels
per year, provided that off-sales may not total more than 750 barrels.
3. Brewer off-sale malt non-intoxicating liquor licenses may be issued, with approval of the
Commissioner, to a holder of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j)
and meeting the criteria established by Minn. Stat. § 340A.28 as may be amended from time to time.
The amount of malt liquor sold at off-sale may not exceed 750 barrels annually. Off-sale of malt
liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in
which the brewer is located, and the malt liquor sold off-sale must be removed from the premises
before the applicable off-sale closing time at exclusive liquor stores. Packaging of malt liquor for off-
sale under this license must comply with Minn. Stat. § 340A.285.
4. Notwithstanding any law to the contrary and in addition to the authority provided in Minn. Stat. §
340A.28, a Brewer off-sale malt non-intoxicating liquor license may be issued, with approval of the
Commissioner, to a holder of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j)
and meeting the criteria established by Minn. Stat. § 340A.29 as may be amended from time to time,
for off-sale of up to 128 ounces per customer per day of malt liquor produced and packaged by the
holder. Packaging of malt liquor for off-sale under this license must comply with Minnesota Rules,
parts 7515.1080 to 7515.1120.
5. Brewer temporary on-sale intoxicating liquor licenses may be issued, with the approval of the
Commissioner of Public Safety, to brewers who manufacture fewer than 3,500 barrels of malt liquor
in a year for the on-sale of intoxicating liquor in connection with a social event within the
municipality sponsored by the brewer.
6. Brewer taproom licenses may be issued to the holder of a brewer’s license under Minn. Stat. §
340A.301, subd. 6(c), (i) or (j) as it may amended from time to time. A brewer’s taproom license
authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or
adjacent to one brewery location owned by the brewer. A brewer may have only one taproom license
and may not have an ownership interest in a brewer licensed under Minn. Stat. § 340A.301, subd.
6(d) as it may be amended from time to time. A brewer taproom license may not be issued to a
brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more
than 250,000 gallons of wine annually. Within ten days of issuing a brewer taproom license the Ci ty
Clerk will inform the Commissioner of Public Safety of the licensee’s name, address, trade name and
the effective date and expiration date of the license. The City Clerk will inform the Commissioner of
Public Safety of a license transfer, cancellation, suspension, or revocation during the license period.
7. Microdistillery Licenses.
1. A cocktail room license may be issued to the holder of a state microdistillery license or distilled
spirits manufacturer license if at least 50 percent of the annual production of the licensee is processed
and distilled on premises. A cocktail room license authorizes on-sale of distilled liquor produced by
the distiller for consumption on the premises of or adjacent to one distillery location owned by the
distiller. The holder of a cocktail room license may also hold a license to operate a restaurant at the
distillery. No more than one cocktail room license may be issued to any distiller. No single entity
may hold both a microdistillery cocktail room and taproom license and a microdistillery cocktail
room and taproom license may not be co-located.
1.2. A microdistiller off-sale license may be issued to the holder of a state microdistillery license if at
least 50 percent of the annual production of the licensee is processed and distilled on premises. A
microdistiller off-sale license authorizes off-sale of up to 750 milliliters per customer per day of
product manufactured on-site provided the product is also available for distribution to wholesalers.
3. A microdistiller temporary on-sale intoxicating liquor license may be issued to the holder of a state
microdistillery license. A microdistillery temporary on-sale intoxicating liquor license authorizes on-
sale of intoxicating liquor in connection with a social event within the city sponsored by the
microdistillery.
2. “On-Sale” licenses shall be issued to restaurants, clubs, and exclusive “on-sale” liquor stores and shall
permit “on-sale” of liquor only.
3. “Off-Sale” licenses shall be issued only to “Off-Sale” retail stores and shall permit “off-sale” of non-
intoxicating liquor only.
4. “On-Sale” wine licenses shall be issued only to restaurants with facilities for seating at least 25 guests at
one time and shall permit the sale of wine up to 24% alcohol by volume for consumption with the sale of
food.
5. “Sunday On-Sale” licenses shall be issued only to restaurants or clubs with seating capacity for at least 30
persons which hold a regular “on-sale” license and shall permit the sale of intoxicating liquor for
consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on
Sundays and 2:00 a.m. on Mondays.
Section 5. Application for License.
1. Every application for a license to sell liquor shall be verified and filed with the City Clerk. It shall state the
name of the applicant, his age, representations as to his character, with such references as may be required,
his citizenship, the type of license applied for, the business in connections with which the proposed license
will operate and its location and type of building, whether the applicant is owner and operator of the
business, how long he has been in that business at that place, and such information as the Council may
require from time to time. In addition to containing such information, each application for a license shall be in
the form prescribed by the City Clerk of the City of Gem Lake. No person shall make a false statement in an
application.Every application for a license issued under this 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 to the
applicant's character, with references as the Council may require, the type of license applied for, the business
in connection with which the proposed license will operate and its location, a description of the premises,
whether the applicant is owner and operator of the business, how long the applicant has been in that business
at that place, and other information as the Council may require from time to time. An application for an on-
sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and
shall also contain the information required in this section. The form shall be verified and filed with the city.
No person shall make a false statement in an application.
2. Each application for a license shall be accompanied by the minimum proof of financial responsibility
required by Minnesota Statutes Section § 340A.409 (Subd. 1) and any amendments thereto or
substitutes therefore that may from time to time become effective.
1. The proof of financial responsibility offered under Subdivision 2 shall be approved by the City
Council, and in the case of applicants for off-sale licenses by the State Commissioner of
Public Safety. Liability insurance policies shall be approved as to form by the City Attorney.
2. The operation of such “Off-Sale” or “On-Sale” liquor business without having on file at all
times with the municipality the proof of financial responsibility required in Subdivision 2 shall
be grounds for immediate revocation of the license.
3. Upon receipt of a complete application, the City Clerk shall forward the application to the City’s law
enforcement agency within seven (7) days for a background investigation of the Applicant and the Retail
Establishment and its officers and owners, said background investigation to be completed within ten (10)
days at which time the results of the background check shall be provided to the City Clerk.
4. Upon receipt of the background investigation, the City Clerk shall place consideration of the Application
and approval or denial by the City of Gem Lake Council on the agenda of the next meeting of said Council.
5. Intoxicating Liquor Licenses. Under Minnesota Statute § 340A.413 the number of “on-sale” and “off-
sale” licenses that can be issued are limited based on city populations. A maximum of four (4) “on -sale”
licenses will be issued in the City of Gem Lake based on Subd. 1. A maximum of two (2) “off -sale”
licenses will be issued in the City of Gem Lake based on Subd. 5.
Section 6. License Fees.
1. The annual fee for a liquor license is as set forth in the City’s Fee Schedule as adopted by ordinance.
1.2. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full
of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon
rejection of any application for a license, the treasurer shall refund the amount paid.
2.3. All licenses shall expire on the last day of December of each year. Each license shall be issued for a period
of one year except that if a portion of the license year has elapsed when the application is made, a license
may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired
fraction of a month shall be counted as one month.
3.4. No refund of any fee for issued permits shall be permitted except as authorized by City Council, under Minn.
Stat., §340A.408.
5. The fee set by the jurisdiction issuing the license shall be reduced by $100 if the following conditions are
met:
1. The licensee agrees to have a private vendor train all employees within 60 days of hire and annually
thereafter in laws pertaining to the sale of alcohol, the rules for identification checks, and the
responsibilities of establishments serving intoxicating liquors;
2. The licensee agrees to post a policy requiring identification checks for all persons appearing to be 30
years old or less; and
3. A cash award and incentive program is established by the licensee, to award employees who catch
underage drinkers, and a penalty program is established to punish employees in the event of a failed
compliance check.
Section 7. Granting of Licenses.
1. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any
person to be heard for or against the granting of the license. After such investigation and hearing, the City
Council shall grant or refuse the application at its discretion. No “off-sale” liquor license shall become
effective until it, together with the proof of financial responsibility furnished by the applicant, has been
approved by the State Commissioner of Public Safety.
2. An applicant seeking an “On-Sale” license shall pay an the actual cost of investigation, up to $10,000, in
addition to fee with the required annual license fee, as determined by the City’s Fee Schedule as adopted
by ordinance.
3. Each license shall be issued to the applicant only. Each license shall be issued only for the premises
described in the application. No license may be transferred to another person or to another place without
the approval of the City Council.
4. Licenses may be denied any Applicant who has been convicted within the past five (5) years of any
violation of a Federal, State, or local law, ordinance provision, or other regulation relating to Liquor,
Liquor Products, or Liquor Related Devices.
Section 8. Renewal of Licenses. At least 90 days before a license issued under this ordinance is to be renewed, an
application for renewal shall be filed with the city. The decision to renew a license rest within the sound discretion of
the Council. No licensee has a right to have the license renewed.
Section 9. Persons Ineligible for License.
1. No license shall be granted to or held by any person made ineligible for such a license in accordance with
procedures set forth by State law for liquor licenses.
Commented [CS4]: Language from State Statute
340A.408. Including here as well will make requesting fees
easier for the city.
1.2. No license shall be granted to or held by any person who is not the real party in interest or beneficial owner
of the business operated under the license.
Section 10. Places Ineligible for License.
1. No license shall be issued for any place or for any business ineligible for such a license under guidelines
established by State law.
2. No license shall be granted for operation on any premises on which taxes, assessments or other financial
claims of the City are delinquent and unpaid.
3. No license shall be granted within a reasonable500 feet distance of any school, church, or private
home at the determination of the City Council. The distance between the establishments shall be
measured from the points in which the edges of the structures are nearest to one another.
Section 11. Conditions of License.
1. Every license shall be granted subject to the conditions in the following subdivisions and all other
provisions of this Ordinance and of any other applicable Ordinance o f the City or State law.
2. Every licensee shall be responsible for the conduct of place of business and the conditions of sobriety
and order in it. The act of any employee on the licensed premises authorized to sell or serve intoxicating
liquor shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties
provided by this Ordinance equally with the employee.
3. No sale of liquor shall be made to anyone on credit provided solely by the establishment.
4. Any peace officer, health officer, or any properly designated officer or employee of the City shall have the
unqualified right to enter, inspect, and search the premises of the licensee during business hours without a
warrant.
5. Every license to sell alcoholic beverages and permit for consumption and display must be posted in a
conspicuous place in the premises for which it is used.
6. Each licensee shall promptly notify the city clerk of any change in the information or facts furnished on
the application for a license. Failure to comply with this section constitutes cause for revocation or
suspension of the license.
Section 12. Temporary Amendments to Liquor Licenses
1. After a public hearing held at least ten days after mailed notice to all property owners within 400 feet of
the licenses premises, the city council may approve a temporary amendment to an existing on-sale, on-
sale wine, or Sunday on-sale intoxicating liquor license to allow the sale of liquor in an area outside the
licensed premises if the council determines in its sole discretion that the following criteria are met:
1. The area to be used must be immediately adjacent to the licensed premises ;
2. The area will be used in connection with a special event no longer than two days in duration ;
3. No more than three temporary amendments per year will be allowed for a licensee at one
establishment. A special license issued to a nonprofit organization which contracts with the
licensee for provision of service will be counted as part of this total;
4. Adequate measures will be taken to control access to the additional area, to ensure that alcoholic
beverages are not sold to minors and are not carried outside of the licensed premises and the
additional area;
5. Adequate measures will be taken to ensure that there will be no violation of the cities noise
ordinance;
Commented [CS5]: From Ord. 2019, not in LMC model
6. The use of the additional area will not decrease available parking below that required by the
zoning ordinance for the licensed premises;
7. The use of the additional area will not unreasonably impede traffic circulation ; and
8. The issuance of the temporary amendment would not be adverse to the public health, safety, and
welfare.
2. To obtain a temporary amendment, the licensee must submit an application accompanied by:
1. A diagram showing the expanded area to be used ;
2. A detailed description of the event for which the area will be used;
3. A detailed description of the security measures to be used;
4. Evidence that the licensee has liability insurance to cover the additional area ;
5. Evidence that the licensee has the right to use the additional area; and
1.6. The fee specified in the current City of Gem Lake fee schedule as adopted by Ordinance .
Section 13. Restrictions on Serving, Purchase and Consumption.
1. No minor shall misrepresent their age for the purpose of serving, purchasing, or consuming liquor.
2. No person shall induce a minor to serve, purchase or consume procure liquor.
3. No person shall mix, or prepare, or serve liquor for consumption in any public place or place of business
not licensed to sell liquor “on-sale” and no person shall consumer liquor in any such place.
4. No liquor shall be sold or consumed on a public highway or in an automobile.
5. No person shall consume nor shall any on-sale licensee permit any consumption of intoxicating liquor or 3.2
percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can
legally occur.
6. No on-sale licensee shall permit any glass, bottle, or other container containing intoxicating liquor or 3.2
percent malt liquor to remain upon any table, bar, stool, or other place where customers are served, more
than 30 minutes after the time when a sale can legally occur.
7. No person, other than the licensee and any employee, shall remain on the on -sale licensed premises more
than 30 minutes after the time when a sale can legally occur.
Section 14. Nudity on the Premises of Licensed Establishments Prohibited.
1. The City Council finds that it is in the best interests of the public health, safety, and general welfare of the
people of the city that nudity is prohibited as provided in this section on the premises of any establishment
licensed under this ordinance. This is to protect and assist the 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 especially intends to prevent any
subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal
conduct, including prostitution, sexual assault, and disorderly conduct. The Council also finds that the
prohibition of nudity on the premises of any establishment licensed under this ordinance, as set forth in this
section, reflects the prevailing community standards of the city.
2. It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the
person does not have his or her buttocks, anus, breasts, and genitals covered with a non -transparent material.
It is unlawful for any person to be on the licensed premises when the person does not have his or her
buttocks, anus, breasts, and genitals covered with a non-transparent material.
Commented [CS6]: Added as suggested by the LMC
model
3. A violation of this section is a misdemeanor punishable as provided by law, and is justification for
revocation or suspension of any liquor, wine, or 3.2 percent malt non-intoxicating liquor license or any other
license issued under this ordinance or the imposition of a civil penalty under the provisions of Section 13.2.
Section 15. Administrative Penalty. The Council may suspend or revoke any liquor license for violation of any
provision or condition of this Ordinance or any State law regulating the sale of liquor and shall revoke such license if
the licensee willfully violates any provision of Minnesota Statutes, Chapter 340A.
1. Procedures. The following procedures shall be implemented regarding alleged violations of this
Ordinance. Should the City elect to proceed with an administrative violation:
1. Notification of Violation. Upon discovery of an alleged violation, the alleged violator shall be
issued, either personally or by mail, a notice that sets forth the alleged violation and which shall
inform the alleged violator of their right to be heard on the accusation.
2. Hearing. If a Person accused of violating this Ordinance so requests, a hearing shall be
scheduled before the Gem Lake City Council; the time and place of which shall be published
and provided to the alleged violator at least ten (10) days in advance, not to exceed thirty forty-
five (3045) days. The City Council shall receive evidence of the violation and evidence
provided by the alleged violator by testimony, in written form, or both. The hearing shall be
recorded.
3. Findings. If the Gem Lake City Council finds that a violation of this Ordinance did occur, that
decision, along with the Council’s findings for a violation and the penalty to be imposed, shall
be recorded in writing, a copy of which shall be provided to the accused violator. If the Council
finds that no violation has occurred or finds grounds for not imposing any penalty, such
findings shall be recorded, and a copy provided to the acquitted accused violator.
4. Appeals. Any person aggrieved by the final findings of the City Council under this Section
may seek judicial review by petition to the Court of Appeals in accordance with Minn. Stat
§14.63 to §14.68.
5. Misdemeanor Prosecution. Nothing in this Ordinance shall prohibit the City from seeking
prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to
seek misdemeanor prosecution, no administrative penalty shall be imposed against the
individual charged with a misdemeanor.
6. Continued Violation. Each violation and every day in which a violation occurs or continues to
occur shall constitute a separate violation.
2. Civil Penalty. On a finding by the City Council that a licensee has failed to comply with an applicable
statute, rule, or ordinance relating to alcoholic beverages the City Council may revoke the license,
suspend the license for up to 60 days, impose a civil penalty as determined by the City’s Fee Schedule as
adopted by Ordinance.
Section 16. Penalty. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine, as determined by the City’s Fee Schedule as adopted by Ordinance, or
imprisonment in the county jail for not more than ninety (90) days or both plus the costs of prosecution in either case.
Section 17. Severability. It is hereby declared to be the intention of the City of Gem Lake that the provisions
of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is
held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or
the application of said provisions to any other Person not specifically included in said determination. To this
end, the provisions of this Ordinance and the various applications thereto are declared to be severable.
Section 18. Enactment. This Ordinance No. 146 is placed in full force and effect on ________ by a ____
vote of the City Council of the City of Gem Lake.
Commented [CS7]: Review the hearing timeline.
Commented [KB8R7]: Satisfies any OML concerns. As
long as the Council is okay with the timeline, no issue on my
end.
Commented [EM9R7]: PC recommended revising 30 to
45
Dated: ______________________________________
_______________________________________ _____________________________________
Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk
City of Gem Lake, Ramsey County, Minnesota Intoxicating Liquor
Ordinance No. 146
Legend
The Ordinances licensing and regulating the sale and consumption of intoxicating and non-intoxicating liquor and
providing a penalty for violation was originally enacted by the City Council as Ordinance No. 9 on 17 December
1963 and Ordinance 65 on 19 June 1995. Since that time, the City Council has made amendments to the Ordinance s
in keeping with changes in State law and the wishes of the community. The following table indicates the original
Ordinances and the said amendments.
Ordinance Description Enactment
9 An Ordinance licensing and regulating the sale of liquor. 17 December 1963
52 An Ordinance amending Ordinance No. 9, changing the requirements for
liquor license applications and changing the annual fees for liquor licenses. 20 November 1989
65 The Non-Intoxicating Liquor Ordinance 19 June 1995
94
An Ordinance establishing procedures for review and revocation of all City
licenses, and amending Ordinance No. 9 by:
a. Inserting new sections 2.3. (wine licenses) and 2.4 (Sunday sales
licenses), renumbering off-sale provision as 2.5
b. Deleting Section 4.3, which set fees, in favor of reference to
annual fee schedule
c. Inserting new Section 5.2 requiring payment of investigation fee,
and renumbering Section now at 5.3; and
d. Other language to changes to conform with a – c.
10 February 2009
116
An Ordinance amending Ordinance No 9. Section 10 was amended
to remove the information regarding public hearing notice and
suspension.
Sections 10.1-10.2 were added to show the administrative and civil penalty
processes for violation of this Ordinance.
18 May 2010
9*
A version of Ordinance No. 9 was adopted by City Council. This was a
combined intoxicating and non-intoxicating liquor ordinance. This
updated version was never publicly published. All amendments to
Ordinance No. 9 after 1/15/2019 were made to the version enacted on
5/18/210.
15 January 2019
9
An Ordinance No. 9 amendment. Section 2, part 3, was updated from
14% to 24% based on MN Statute. Section 3, part 4, was added to
show the number of licenses the City is authorized to issue.
Section 4, part 3, was removed and part 4 moved into the part 3
place
19 July 2022
9
An Ordinance No. 9 amendment. Section 3, part 5, was added to
show that a background check will be conducted on all new
applicants.
Section 3, part 6, was added to show that once a background check is
completed the City Clerk will suggest the next steps to the Council.
Section 5, part 4, was added to show that an applicant can be denied
due to a conviction in the last five (5) year if based on anything
liquor related.
21 March 2023
146 Combining Ordinances 9 and 65 to include both Intoxicating and
Non-Intoxicating liquor within one Ordinance. Amendments
include:
a) Adding individual liquor definitions and referencing state
statute.
b) Includes all 19 license types as stated in state stat, organized
by general type.
c) Referencing the fee schedule.
d) Adding specificity in Section 10.4.
e) Inserting Section 12 regarding temporary amendments to
licenses.
f) Inserting Sections 13.5-7 regarding consumption and
availability of liquor 30 minutes after final legal sale.
g) Inserting Section 14 regarding protection of the public from
X July 2024
harm stemming from the combination of nudity, alcohol,
and sex.
a)h) Changing the public hearing notice from 8 days in advance
to 10-30 days in advance.
City of Gem Lake, Ramsey County, Minnesota
Liquor
Ordinance No. 146
AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF
INTOXICATING AND NONINTOXICATING LIQUOR AND PROVIDING A PENALTY FOR VIOLATION.
Section 1. Provisions of State Law Adopted. The provisions of Minnesota Statutes, Chapter 340A, as they may be
amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on
consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution,
and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part
of this Chapter as if set out in full. It is the intention of the City Council that all future amendments to M.S. Ch. 340A
are hereby adopted by reference or referenced as if they had been in existence at the time this Chapter is adopted.
Section 2. Title and Purpose
1. This ordinance shall be known, cited, and referred to as the “Liquor Ordinance ,” except as herein referred to as
this “Ordinance.”
2. It is deemed in the interest of the public and the residents of the City of Gem Lake that any person, firm or
corporation who engages in the business of selling intoxicating liquor, non-intoxicating liquor, or both, for
consumption on or off the premises, as defined in this ordinance, shall first secure a license therefor as
provided herein.
3. The ordinance shall establish definitions related to the ordinance, regulate the application for and granting of
licenses and the fees related thereto, provide for financial responsibility on the part of the applicants, establish
conditions under which licenses shall be granted and revoked, stipulate restrictions related to the sale of all
liquor, and define penalties for violation of the ordinance.
Section 3. Definitions. In addition to the definitions contained in Minn. Stat. § 340A.101 as it may be amended from
time to time, the following terms are defined for purposes of this ordinance:
1. Intoxicating Liquor: Ethyl Alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing
more than 3.2 percent alcohol by weight.
2. Non-Intoxicating Liquor: Beer or malt liquor with an alcoholic content of not less than one-half (0.5%) of
one percent by volume and not more than three and two -tenths (3.2%) percent by weight.
3. On-Sale: The sale of non-intoxicating liquor for consumption on the premises.
4. Off-Sale: The sale of non-intoxicating liquor for consumption off the premises.
5. Applicant: A person, firm, or corporation who makes application for a license with the City.
6. Licensee: A person, firm, or corporation to whom the City has issued a liquor license.
7. Liquor: Without modification by the words “intoxicating” or a “3.2 percent malt” includes both intoxicating
liquor and 3.2 percent malt non-intoxicating liquor.
8. Minor: A person under twenty-one (21) years of age.
9. Person: Any individual, partnership, association, corporation, limited liability company, club, or other
organization.
10. Restaurant. 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 whe re the main food course is served and consumed while
seated at a single location. To be a restaurant as defined by this section, an establishment shall have a license
from the state as required by Minn. Stat. § 157.16, as it may be amended from time to time, and meet the
definition of either a “small establishment,” “medium establishment” or “large establishment” as defined in
Minn. Stat. § 157.16, subd. 3(d), as it may be amended from time to time. An establishment which serves
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 restaurant for purposes of this ordinance unless it meets the definitions
of a “small establishment”, “medium establishment” or “large establishment”.
11. "Wine" is the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling
and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than
sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance
containing not less than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial
use. Wine does not include distilled spirits as defined in subdivision 9.
Section 4. Licenses Required. No person, except wholesalers or manufacturers to the extent authorized under State
license, shall directly or indirectly deal in, sell, or keep for sale any liquor without first having received a license to d o
so as provided in this Ordinance.
1. 3.2 Non-Intoxicating Liquor Licenses.
1. 3.2 Non-Intoxicating Liquor On-Sale licenses may be issued only to golf courses, restaurants,
hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2 percent malt
liquor with the incidental sale of tobacco and soft drinks.
2. 3.2 Non-Intoxicating Liquor Off-Sale licenses obtained pursuant to this ordinance will permit the
licensee to sell 3.2 percent malt liquors for consumption. 3.2 Malt Liquor On -Sale Licenses shall
be issued to restaurants, clubs, and exclusive “on-sale” liquor stores.
3. Temporary 3.2 Non-Intoxicating Liquor licenses may be issued only to a club, charitable, religious, or
nonprofit organization.
2. Intoxicating Liquor Licenses.
1. Off-sale intoxicating liquor licenses may be issued only to exclusive liquor stores or drug stores that
have an off-sale license which was first issued on or before May 1, 1994.
2. On-Sale Intoxicating Liquor licenses may be issued to the following establishments as defined by
Minn. Stat. § 340A.101, as it may be amended from time to time, and this ordinance: hotels,
restaurants, bowling centers, theaters, clubs or congressionally chartered veterans’ organizations,
theaters, resorts as defined by Minn. Stat. § 157.15, subd. 11, and exclusive liquor s tores. Club
licenses may be issued only with the approval of the Commissioner of Public Safety. The Council
may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the
licensed premises at a community festival held within the city under the provisions of Minn. Stat. §
340A.404, subd. 4(b) as it may be amended from time to time. The Council may in its sound
discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises
at any convention, banquet, conference, meeting, or social affair conducted on th e premises of a
sports, convention, or cultural facility owned by the city, under the provisions of Minn. Stat. §
340A.404, subd. 4(a) as it may be amended from time to time; however, the licensee is prohibited
from dispensing intoxicating liquor to any person attending or participating in an amateur athletic
event being held on the premises.
3. Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a
general or special election as provided by Minn. Stat. § 340A.504, subd. 3, as it may be amended
from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as
defined in Section 3 of this ordinance, club, bowling center, or hotel which has a seating capacity of
at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only
in conjunction with the service of food.
4. Combination on-sale/off-sale intoxicating liquor licenses may be issued to eligible licensees in lieu of
separate on-sale and off-sale licenses if the city has a population less than 10,000.
5. Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public
Commented [CS1]: Updated section to include all licenses
allowed by state statute.
Commented [EM2R1]: Reformatted this section a bit
Safety, may be issued only in connection with a social event sponsored by a club, charitable,
religious, or other nonprofit corporation that has existed for at least three years; a political committee
registered under state law; or a state university. No license shall be for longer than four consecutive
days, and the city shall issue no more than 12 days’ worth of temporary licenses to any one
organization in one calendar year.
3. Wine Licenses.
1. On-sale wine licenses, with the approval of the Commissioner of Public Safety may be issued to
theaters, restaurants that have facilities for seating at least 25 guests at one time and meet the criteria
of Minn. Stat. § 340A.404, subd. 5, as it may be amended from time to time, and which meet the
definition of restaurant in section 3; to licensed bed and breakfast facilities which meet the criteria in
Minn. Stat. § 340A.4011, subd. 1 , as it may be amended from time to time and to theaters that meet
the criteria of Minn. Stat. § 340A.404, subd. 1(b) as it may be amended from time to time. The holder
of an on-sale wine license who also holds an on-sale non-intoxicating liquor license is authorized to
sell non-intoxicating liquor with a content over 3.2 percent without an additional license.
2. Temporary off-sale wine licenses, with the approval of the Commission of Public Safety, may be
issued for the off-sale of wine at an auction. A license issued under this subdivision authorizes the
sale of only vintage wine of a brand and vintage that is no t commonly being offered for sale by any
wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three
consecutive days provided not more than 600 cases of wine are sold at any auction. The licenses are
subject to the terms, including license fee, imposed by Section 6.
4. One Day and Display Permits.
1. One day consumption and display permits with the approval of the Commissioner of Public Safety may
be issued to a nonprofit organization in conjunction with a social activity in the city sponsored by the
organization.
2. Approval may be issued to recipient of a consumption and display permit by the Commissioner of
Public Safety. Consumption and display permits shall expire on March 31 of each year.
5. Culinary Class License.
1. Culinary class limited on-sale licenses may be issued to a business establishment not otherwise
eligible for an on-sale intoxicating liquor license that, as part of its business, conducts culinary or
cooking classes for which payment is made by each participant or advance reservation required. The
license authorizes the licensee to furnish to each participant in each class, at no additional cost to the
participant, up to a maximum of six ounces of wine or 12 ounces of non-intoxicating liquor, during
and as part of the class, for consumption on the licensed premises only.
6. Brewer Licenses.
1. Brew pub on-sale intoxicating liquor or on-sale 3.2 percent non-intoxicating liquor licenses, with the
approval of the Commissioner of Public Safety, may be issued to brewers who operate a restaurant in
their place of manufacture and who meet the criteria established at Minn. Stat. § 340A.24, as it may
be amended from time to time. Sales under this license at on-sale may not exceed 3,500 barrels per
year. If a brew pub licensed under this section possesses a license for off -sale under Section 9 (O)
below, the brew pub’s total combined retail sales at on-sale or off-sale may not exceed 3,500 barrels
per year, provided that off-sales may not total more than 750 barrels.
2. Brewer off-sale non-intoxicating liquor licenses, with the approval of the Commissioner of Public
Safety, may be issued to a brewer that is a licensee under Section 9 (N) above and otherwise meets
the criteria established at Minn. Stat. § 340A.24, as it may be amended from time to time. Off-sale of
malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the city. Malt
liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at
exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner
required by Minn. Stat. § 340A.285 as it may be amended from time to time. Sales under this license
may not exceed 750 barrels per year. If a brewer licensed under this section possesses a license under
Commented [KB3]: I added a definition for “Wine” like
we do intoxicating and non-intoxicating
Section 9 (N) above, the brewer's total retail sales at on-sale or off-sale may not exceed 3,500 barrels
per year, provided that off-sales may not total more than 750 barrels.
3. Brewer off-sale non-intoxicating liquor licenses may be issued, with approval of the Commissioner,
to a holder of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j) and meeting the
criteria established by Minn. Stat. § 340A.28 as may be amended from time to time. The amount of
malt liquor sold at off-sale may not exceed 750 barrels annually. Off-sale of malt liquor shall be
limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brewer
is located, and the malt liquor sold off-sale must be removed from the premises before the applicable
off-sale closing time at exclusive liquor stores. Packaging of malt liquor for off-sale under this
license must comply with Minn. Stat. § 340A.285.
4. Notwithstanding any law to the contrary and in addition to the authority provided in Minn. Stat. §
340A.28, a Brewer off-sale non-intoxicating liquor license may be issued, with approval of the
Commissioner, to a holder of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j)
and meeting the criteria established by Minn. Stat. § 340A.29 as may be amended from time to time,
for off-sale of up to 128 ounces per customer per day of malt liquor produced and packaged by the
holder. Packaging of malt liquor for off-sale under this license must comply with Minnesota Rules,
parts 7515.1080 to 7515.1120.
5. Brewer temporary on-sale intoxicating liquor licenses may be issued, with the approval of the
Commissioner of Public Safety, to brewers who manufacture fewer than 3,500 barrels of malt liquor
in a year for the on-sale of intoxicating liquor in connection with a social event within the
municipality sponsored by the brewer.
6. Brewer taproom licenses may be issued to the holder of a brewer’s license under Minn. Stat. §
340A.301, subd. 6(c), (i) or (j) as it may amended from time to time. A brewer’s taproom license
authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or
adjacent to one brewery location owned by the brewer. A brewer may have only one taproom license
and may not have an ownership interest in a brewer licensed under Minn. Stat. § 340A.301, subd.
6(d) as it may be amended from time to time. A brewer taproom license may not be issued to a
brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more
than 250,000 gallons of wine annually. Within ten days of issuing a brewer taproom license the Ci ty
Clerk will inform the Commissioner of Public Safety of the licensee’s name, address, trade name and
the effective date and expiration date of the license. The City Clerk will inform the Commissioner of
Public Safety of a license transfer, cancellation, suspension, or revocation during the license period.
7. Microdistillery Licenses.
1. A cocktail room license may be issued to the holder of a state microdistillery license or distilled
spirits manufacturer license if at least 50 percent of the annual production of the licensee is processed
and distilled on premises. A cocktail room license authorizes on-sale of distilled liquor produced by
the distiller for consumption on the premises of or adjacent to one distillery location owned by the
distiller. The holder of a cocktail room license may also hold a license to operate a restaurant at the
distillery. No more than one cocktail room license may be issued to any distiller. No single entity
may hold both a microdistillery cocktail room and taproom license and a microdistillery cocktail
room and taproom license may not be co-located.
2. A microdistiller off-sale license may be issued to the holder of a state microdistillery license if at
least 50 percent of the annual production of the licensee is processed and distilled on premises. A
microdistiller off-sale license authorizes off-sale of up to 750 milliliters per customer per day of
product manufactured on-site provided the product is also available for distribution to wholesalers.
3. A microdistiller temporary on-sale intoxicating liquor license may be issued to the holder of a state
microdistillery license. A microdistillery temporary on-sale intoxicating liquor license authorizes on-
sale of intoxicating liquor in connection with a social event withi n the city sponsored by the
microdistillery.
Section 5. Application for License.
1. Every application for a license issued under this 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 to the applicant's
character, with references as the Council may require, the type of license applied for, the business in
connection with which the proposed license will operate and its location, a description of the premises,
whether the applicant is owner and operator of the business, how long the applicant has been in that business
at that place, and other information as the Council may require from time to time. An application for an on-
sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and
shall also contain the information required in this section. The form shall be verified and filed with the city.
No person shall make a false statement in an application.
2. Each application for a license shall be accompanied by the minimum proof of financial responsibility
required by Minnesota Statutes Section § 340A.409 (Subd. 1) and any amendments thereto or
substitutes therefore that may from time to time become effective.
1. The proof of financial responsibility offered under Subdivision 2 shall be approved by the City
Council, and in the case of applicants for off-sale licenses by the State Commissioner of
Public Safety. Liability insurance policies shall be approved as to form by the City Attorney.
2. The operation of such “Off-Sale” or “On-Sale” liquor business without having on file at all
times with the municipality the proof of financial responsibility required in Subdivision 2 shall
be grounds for immediate revocation of the license.
3. Upon receipt of a complete application, the City Clerk shall forward the application to the City’s law
enforcement agency within seven (7) days for a background investigation of the Applicant and the Retail
Establishment and its officers and owners, said background investigation to be completed within ten (10)
days at which time the results of the background check shall be provided to the City Clerk.
4. Upon receipt of the background investigation, the City Clerk shall place consideration of the Application
and approval or denial by the City of Gem Lake Council on the agenda of the next meeting of said Council.
5. Intoxicating Liquor Licenses. Under Minnesota Statute § 340A.413 the number of “on-sale” and “off-
sale” licenses that can be issued are limited based on city populations. A maximum of four (4) “on -sale”
licenses will be issued in the City of Gem Lake based on Subd. 1. A maximum of two (2) “off -sale”
licenses will be issued in the City of Gem Lake based on Subd. 5.
Section 6. License Fees.
1. The annual fee for a liquor license is as set forth in the City’s Fee Schedule as adopted by ordinance.
2. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full
of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon
rejection of any application for a license, the treasurer shall refund the amount paid.
3. All licenses shall expire on the last day of December of each year. Each license shall be issued for a period
of one year except that if a portion of the license year has elapsed when the application is made, a license
may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired
fraction of a month shall be counted as one month.
4. No refund of any fee for issued permits shall be permitted except as authorized by City Council, under Minn.
Stat. §340A.408.
5. The fee set by the jurisdiction issuing the license shall be reduced by $100 if the following conditions are
met:
1. The licensee agrees to have a private vendor train all employees within 60 days of hire and annually
thereafter in laws pertaining to the sale of alcohol, the rules for identification checks, and the
responsibilities of establishments serving intoxicating liquors;
2. The licensee agrees to post a policy requiring identification checks for all persons appearing to be 30
years old or less; and
3. A cash award and incentive program is established by the licensee, to award employees who catch
underage drinkers, and a penalty program is established to punish employees in the event of a failed
compliance check.
Section 7. Granting of Licenses.
1. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any
person to be heard for or against the granting of the license. After such investigation and hearing, the City
Council shall grant or refuse the application at its discretion. No “off-sale” liquor license shall become
effective until it, together with the proof of financial responsibility furnished by the applicant, has been
approved by the State Commissioner of Public Safety.
2. An applicant seeking an “On-Sale” license shall pay the actual cost of investigation, up to $10,000, in
addition to the required annual license fee, as determined by the City’s Fee Schedule as adopted by
ordinance.
3. Each license shall be issued to the applicant only. Each license shall be issued only for the premises
described in the application. No license may be transferred to another person or to another place without
the approval of the City Council.
4. Licenses may be denied any Applicant who has been convicted within the past five (5) years of any
violation of a Federal, State, or local law, ordinance provision, or other regulation relating to Liquor,
Liquor Products, or Liquor Related Devices.
Section 8. Renewal of Licenses. At least 90 days before a license issued under this ordinance is to be renewed, an
application for renewal shall be filed with the city. The decision to renew a license rest within the sound discretion of
the Council. No licensee has a right to have the license renewed.
Section 9. Persons Ineligible for License.
1. No license shall be granted to or held by any person made ineligible for such a license in accordance with
procedures set forth by State law for liquor licenses.
2. No license shall be granted to or held by any person who is not the real party in interest or beneficial owner
of the business operated under the license.
Section 10. Places Ineligible for License.
1. No license shall be issued for any place or for any business ineligible for such a license under guidelines
established by State law.
2. No license shall be granted for operation on any premises on which taxes, assessments or other financial
claims of the City are delinquent and unpaid.
3. No license shall be granted within 500 feet of any school, church, or private home at the
determination of the City Council. The distance between the establishments shall be measured from
the points in which the edges of the structures are nearest to one another.
Section 11. Conditions of License.
1. Every license shall be granted subject to the conditions in the following subdivisions and all other
provisions of this Ordinance and of any other applicable Ordinance o f the City or State law.
2. Every licensee shall be responsible for the conduct of place of business and the conditions of sobriety
and order in it. The act of any employee on the licensed premises authorized to sell or serve intoxicating
liquor shall be deemed the act of the licensee as well and the licens ee shall be liable to all penalties
provided by this Ordinance equally with the employee.
Commented [CS4]: Language from State Statute
340A.408. Including here as well will make requesting fees
easier for the city.
3. No sale of liquor shall be made to anyone on credit provided solely by the establishment.
4. Any peace officer, health officer, or any properly designated officer or employee of the City shall have the
unqualified right to enter, inspect, and search the premises of the licensee during business hours without a
warrant.
5. Every license to sell alcoholic beverages and permit for consumption and display must be posted in a
conspicuous place in the premises for which it is used.
6. Each licensee shall promptly notify the city clerk of any change in the information or facts furnished on
the application for a license. Failure to comply with this section constitutes cause for revocation or
suspension of the license.
Section 12. Temporary Amendments to Liquor Licenses
1. After a public hearing held at least ten days after mailed notice to all property owners within 400 feet of
the licenses premises, the city council may approve a temporary amendment to an existing on-sale, on-
sale wine, or Sunday on-sale intoxicating liquor license to allow the sale of liquor in an area outside the
licensed premises if the council determines in its sole discretion that the following criteria are met:
1. The area to be used must be immediately adjacent to the licensed premises ;
2. The area will be used in connection with a special event no longer than two days in duration ;
3. No more than three temporary amendments per year will be allowed for a licensee at one
establishment. A special license issued to a nonprofit organization which contracts with the
licensee for provision of service will be counted as part of this total;
4. Adequate measures will be taken to control access to the additional area, to ensure that alcoholic
beverages are not sold to minors and are not carried outside of the licensed premises and the
additional area;
5. Adequate measures will be taken to ensure that there will be no violation of the cities noise
ordinance;
6. The use of the additional area will not decrease available parking below that required by the
zoning ordinance for the licensed premises;
7. The use of the additional area will not unreasonably impede traffic circulation ; and
8. The issuance of the temporary amendment would not be adverse to the public health, safety, and
welfare.
2. To obtain a temporary amendment, the licensee must submit an application accompanied by:
1. A diagram showing the expanded area to be used ;
2. A detailed description of the event for which the area will be used;
3. A detailed description of the security measures to be used ;
4. Evidence that the licensee has liability insurance to cover the additional area ;
5. Evidence that the licensee has the right to use the additional area; and
6. The fee specified in the current City of Gem Lake fee schedule as adopted by Ordinance .
Section 13. Restrictions on Serving, Purchase and Consumption.
1. No minor shall misrepresent their age for the purpose of serving, purchasing, or consuming liquor.
Commented [CS5]: From Ord. 2019, not in LMC model
2. No person shall induce a minor to serve, purchase or consume liquor.
3. No person shall mix, prepare, or serve liquor for consumption in any public place or place of business not
licensed to sell liquor “on-sale” and no person shall consume liquor in any such place.
4. No liquor shall be sold or consumed on a public highway or in an automobile.
5. No person shall consume, nor shall any on-sale licensee permit any consumption of intoxicating liquor or 3.2
percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can
legally occur.
6. No on-sale licensee shall permit any glass, bottle, or other container containing intoxicating liquor or 3.2
percent malt liquor to remain upon any table, bar, stool, or other place where customers are served, more
than 30 minutes after the time when a sale can legally occur.
7. No person, other than the licensee and any employee, shall remain on the on -sale licensed premises more
than 30 minutes after the time when a sale can legally occur.
Section 14. Nudity on the Premises of Licensed Establishments Prohibited.
1. The City Council finds that it is in the best interests of the public health, safety, and general welfare of the
people of the city that nudity is prohibited as provided in this section on the premises of any establishment
licensed under this ordinance. This is to protect and assist the 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 especially intends to prevent any
subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal
conduct, including prostitution, sexual assault, and disorderly conduct. The Council also finds that the
prohibition of nudity on the premises of any establishment licensed under this ordinance, as set forth in this
section, reflects the prevailing community standards of the city.
2. It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the
person does not have his or her buttocks, anus, breasts, and genitals covered with a non -transparent material.
It is unlawful for any person to be on the licensed premises when the person does not have his or her
buttocks, anus, breasts, and genitals covered with a non-transparent material.
3. A violation of this section is a misdemeanor punishable as provided by law, and is justification for
revocation or suspension of any liquor, wine, or non-intoxicating liquor license or any other license issued
under this ordinance or the imposition of a civil penalty under the provisions of Section 13.2.
Section 15. Administrative Penalty. The Council may suspend or revoke any liquor license for violation of any
provision or condition of this Ordinance or any State law regulating the sale of liquor and shall revoke such license if
the licensee willfully violates any provision of Minnesota Statutes, Chapter 340A.
1. Procedures. The following procedures shall be implemented regarding alleged violations of this
Ordinance. Should the City elect to proceed with an administrative violation:
1. Notification of Violation. Upon discovery of an alleged violation, the alleged violator shall be
issued, either personally or by mail, a notice that sets forth the alleged violation and which shall
inform the alleged violator of their right to be heard on the accusation.
2. Hearing. If a Person accused of violating this Ordinance so requests, a hearing shall be
scheduled before the Gem Lake City Council; the time and place of which shall be published
and provided to the alleged violator at least ten (10) days in advance, not to exceed forty-five
(45) days. The City Council shall receive evidence of the violation and evidence provided by
the alleged violator by testimony, in written form, or both. The hearing shall be recorded.
3. Findings. If the Gem Lake City Council finds that a violation of this Ordinance did occur, that
decision, along with the Council’s findings for a violation and the penalty to be imposed, shall
be recorded in writing, a copy of which shall be provided to the accused violator. If the Council
finds that no violation has occurred or finds grounds for not imposing any penalty, such
Commented [CS6]: Added as suggested by the LMC
model
Commented [CS7]: Review the hearing timeline.
Commented [KB8R7]: Satisfies any OML concerns. As
long as the Council is okay with the timeline, no issue on my
end.
Commented [EM9R7]: PC recommended revising 30 to
45
findings shall be recorded, and a copy provided to the acquitted accused violator.
4. Appeals. Any person aggrieved by the final findings of the City Council under this Section
may seek judicial review by petition to the Court of Appeals in accordance with Minn. Stat
§14.63 to §14.68.
5. Misdemeanor Prosecution. Nothing in this Ordinance shall prohibit the City from seeking
prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to
seek misdemeanor prosecution, no administrative penalty shall be imposed against the
individual charged with a misdemeanor.
6. Continued Violation. Each violation and every day in which a violation occurs or continues to
occur shall constitute a separate violation.
2. Civil Penalty. On a finding by the City Council that a licensee has failed to comply with an applicable
statute, rule, or ordinance relating to alcoholic beverages the City Council may revoke the license,
suspend the license for up to 60 days, impose a civil penalty as determined by the City’s Fee Schedule as
adopted by Ordinance.
Section 16. Penalty. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine, as determined by the City’s Fee Schedule as adopted by Ordinance, or
imprisonment in the county jail for not more than ninety (90) days or both plus the costs of prosecution in either case.
Section 17. Severability. It is hereby declared to be the intention of the City of Gem Lake that the provisions
of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is
held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or
the application of said provisions to any other Person not specifically included in said determination. To this
end, the provisions of this Ordinance and the various applications thereto are declared to be severable.
Section 18. Enactment. This Ordinance No. 146 is placed in full force and effect on ________ by a ____
vote of the City Council of the City of Gem Lake.
Dated: ______________________________________
_______________________________________ _____________________________________
Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk
City of Gem Lake, Ramsey County, Minnesota Intoxicating Liquor
Ordinance No. 146
Legend
The Ordinances licensing and regulating the sale and consumption of intoxicating and non-intoxicating liquor and
providing a penalty for violation was originally enacted by the City Council as Ordinance No. 9 on 17 December
1963 and Ordinance 65 on 19 June 1995. Since that time, the City Council has made amendments to the Ordinance s
in keeping with changes in State law and the wishes of the community. The following table indicates the original
Ordinances and the said amendments.
Ordinance Description Enactment
9 An Ordinance licensing and regulating the sale of liquor. 17 December 1963
52 An Ordinance amending Ordinance No. 9, changing the requirements for
liquor license applications and changing the annual fees for liquor licenses. 20 November 1989
65 The Non-Intoxicating Liquor Ordinance 19 June 1995
94
An Ordinance establishing procedures for review and revocation of all City
licenses, and amending Ordinance No. 9 by:
a. Inserting new sections 2.3. (wine licenses) and 2.4 (Sunday sales
licenses), renumbering off-sale provision as 2.5
b. Deleting Section 4.3, which set fees, in favor of reference to
annual fee schedule.
c. Inserting new Section 5.2 requiring payment of investigation fee,
and renumbering Section now at 5.3; and
d. Other language to changes to conform with a – c.
10 February 2009
116
An Ordinance amending Ordinance No 9. Section 10 was amended
to remove the information regarding public hearing notice and
suspension.
Sections 10.1-10.2 were added to show the administrative and civil penalty
processes for violation of this Ordinance.
18 May 2010
9*
A version of Ordinance No. 9 was adopted by City Council. This was a
combined intoxicating and non-intoxicating liquor ordinance. This version
was never added onto the City website. All amendments to Ordinance No.
9 after 1/15/2019 were made to the version enacted on 7/16/2024.
15 January 2019
9
An Ordinance No. 9 amendment. Section 2, part 3, was updated from
14% to 24% based on MN Statute. Section 3, part 4, was added to
show the number of licenses the City is authorized to issue.
Section 4, part 3, was removed and part 4 moved into the part 3
place
19 July 2022
9
An Ordinance No. 9 amendment. Section 3, part 5, was added to
show that a background check will be conducted on all new
applicants.
Section 3, part 6, was added to show that once a background check is
completed the City Clerk will suggest the next steps to the Council.
Section 5, part 4, was added to show that an applicant can be denied
due to a conviction in the last five (5) year if based on anything
liquor related.
21 March 2023
146 Combining Ordinances 9 and 65 to include both Intoxicating and
Non-Intoxicating liquor within one Ordinance. Amendments
include:
a) Adding individual liquor definitions and referencing state
statute.
b) Includes all 19 license types as stated in state stat, organized
by general type.
c) Referencing the fee schedule.
d) Adding specificity in Section 10.4.
e) Inserting Section 12 regarding temporary amendments to
licenses.
f) Inserting Sections 13.5-7 regarding consumption and
availability of liquor 30 minutes after final legal sale.
g) Inserting Section 14 regarding protection of the public from
16 July 2024
harm stemming from the combination of nudity, alcohol,
and sex.
h) Changing the public hearing notice from 8 days in advance
to 10-30 days in advance.
Updated January 1, 2024 5
Section 8
Zoning Permits
Residential Zoning Permit Fees
Permit Type Permit Fee Comments
Driveway $75.00
Fence $75.00
Patio / Impervious Surface $75.00
Accessory Building < 200 sq. ft. $75.00
Retaining Wall $75.00
Tank Removal $250.00
Commercial Zoning Permit Fees
Permit Type Permit Fee Comments
Driveway/Parking Lot $150.00
Fence $150.00
Retaining Wall $150.00
Sign Permit:
Temporary Sign $50.00 per sign 60 days
Comprehensive Sign Plan $500.00
New Sign for new business $50.00 per sign
New Sign for a Non-Profit No fee
On new stand or existing lighting or Electronic Sign $500.00
Relocation of Sign $100.00 per sign
Replacement of Sign-Same Business $50.00 per sign
Section 9
Community Development / Planning
Fee Type Fee Comments
Appeals or Adjustments $100.00, plus $1,000.00 escrow for review
Garden Overlay Permit (IUP) $100.00 Years two and forward
Maps & Photos:
Aerial Photos, laminated $600.00 per photo plus postage
2’ Topographical Map $400.00 – paper plus postage
2’ Topographical Map Set – CD-ROM $400.00 plus postage
Non-Conforming Use Permit $600.00, plus $1,000.00 escrow for review
Planned Unit Development (PUD)
5-10 acres $4,000.00, plus $4,000.00 escrow for review
10 + acres $5,000.00, plus $5,000.00 escrow for review
Requested Comprehensive Plan Amendment $2,000.00, plus $6,000.00 escrow for review
Requested Conditional or Interim Use Permit $275.00
Requested Rezoning of Land/Zoning Ordinance Amendment $200.00, plus $600.00 escrow for review
Zoning Compliance Permit $200.00, plus $1,500.00 escrow for review
Requested Subdivision of Land
Minor Subdivision (2-3 lots) $500.00, plus 1% of market value escrow for review Plus $1,000.00 Escrow
Major Subdivision (4 plus lots) $500.00 per lot created, plus 1% of market value escrow for review Plus $1,000.00 Escrow
Lot combination or lot line adjustment $500.00 Plus $1,000.00 Escrow
Requested Variance $500.00
Zoning Administrator Fee $100.00/hr Minimum 1 Hour
NOTE:
All subdivision of land is subject to a park dedication fee. See the Subdivision Ordinance (Section 5.4) for details
Forms for most of these matters are available on the City of Gem Lake web page at www.gemlakemn.org
Escrow amounts for expenses are used to pay for outside consultants hired by the City to help evaluate items provided for a specific action as well as publication for
public hearings and other such expenses. Excess money not used will be returned to the person who paid the escrow at the end of the project. Expenses that exceed the
escrow amount will be billed to the applicant at the end of the project.
A Late Charge of $35.00 plus 1% per month will be charged if payment for services billed is not paid within 30 days after invoicing. This billing will be updated every
30 days until it is paid.
Updated January 1, 2024 7
Section 11
City Licenses
Alcohol Licenses Fee Comments
3.2 Malt Liquor
3.2 Malt Liquor On-Sale (including Brew Pup On-Sale Malt) $2,000.00 Annually
3.2 Malt Liquor Sunday On-Sale $200.00 Annually, State Maximum (M.S. 340A.504)
3.2 Malt Liquor Off-Sale (including Brewer Off-Sale Malt) $200.00 Annually
Intoxicating
Liquor On-Sale (including Brew Pub On-Sale, Brewer Taproom
Microdistiller On-Sale) $2,000.00 Annually, this fee applies to combination on-sale/off-sale
intoxicating liquor licenses
Liquor Sunday On-Sale $200.00 Annually, State Maximum (M.S. 340A.504)
Liquor Off-Sale (including Microdistiller Off-Sale Liquor) $200.00 Annually, State Maximum is $240.00 (M.S. 340A.408, subd. 3)
Golf Course, Wine, Culinary Classes
9-Month Golf Course Liquor On-Sale $1,500.00 Annually
9-Month Golf Course Liquor Sunday On-Sale $150.00 Annually
Wine On-Sale $1,000.00 Annually, (M.S. 340A.408, subd. 2(c))
Culinary Class Limited On-Sale $200.00
Temporary
One Day Consumption and Display Permits $25.00 State Maximum (M.S. 340A414s subd. 9)
On-Sale Intoxicating Liquor $75.00
3.2 Malt Liquor $25.00
Off-Sale Wine $75.00
Brewer On-Sale Intoxicating Liquor $75.00
Microdistiller On-Sale Intoxicating Liquor $75.00
Investigation Fee for New On-Sale Liquor $750.00 Actual Cost of Investigation, up to $10,000.
Business Licenses Fee Comments
Adult Use $5,000.00 Annually
Adult Use Investigation of License $2,000.00
Adult Use Change of Owner/Officer $500.00
Adult Use Origination Fee $2,000.00
Business License $100.00 Annually
Kennel License (Business Boarding Kennel) $300.00 Annually
Pawnbroker License $5,000.00 Annually
Pawnbroker License Investigation Fee $500.00/hr Minimum 1 hour
Peddlers, Solicitors and Transient Merchants Annual $100.00
Peddlers, Solicitors and Transient Merchants 1-14 Days $50.00
Peddlers, Solicitors and Transient Merchants Background $50.00 Up to two people, then $20 each additional person
Tobacco and Related Products Licenses Fee Comments
Edible Cannabinoid Products License $125.00 Annually
Edible Cannabinoid Products Application and Background $500.00 Initial Request and when a new owner is brought in
Tobacco $200.00 Annually
Animal Licenses Fee Comments
Chicken/Fowl Keeping Up to 5 Chickens $25.00
Chicken/Fowl Keeping Up to 5 Chickens - Renewal $15.00 Annually
Chicken/Fowl Keeping Up to 25 Chickens $50.00
Chicken/Fowl Keeping Up to 25 Chickens - Renewal $15.00 Annually
Dog License New $10.00 Per Dog (Maximum of 3)
Dog License Renewal $10.00 Annually Per Dog (Maximum of 3)
Dog License Lost/Replacement Tag $5.00
Dog License Potentially Dangerous Dog Fee $120.00 Annually, Plus $10.00 Registration Fee
Dog License Dangerous Dog Fee $500.00 Annually, Plus $10.00 Registration Fee
Pigeon Keeping License $100.00 Annually
Stable License Personal Stable – three or less animals $50.00 Annually
Stable License Unlimited Stable – four or more animals $85.00 Annually
Contractor Licenses (If not licensed with the State) Fee Comments
Automatic Underground Sprinkler System Installer $100.00 Annually
Blacktopping & Cement (City Roads) $100.00 Annually
Commercial General Construction $100.00 Annually
Demolition $100.00 Annually
Excavating & Grading $100.00 Annually
Fence $100.00 Annually
Mechanical $100.00 Annually
Outside Sewer & Water Installation $100.00 Annually
Sign $100.00 Annually
Specialty Contractor $100.00 Annually
Tree/Trimming Removal $100.00 Annually
CITY OF GEM LAKE
Heritage Hall
4200 Otter Lake Road | Gem Lake, MN 55110
651-747-2790/92 | 651-747-2795 (fax)
E-mail city@gemlakemn.org
City Council Meeting – August 20, 2024
Call to Order of City Council Meeting
By Mayor Artig-Swomley at 7:_____ p.m.
Call of Roll
Artig-Swomley Cacioppo Hynes-Amlee Johnson Lindner
Approve Agenda and Minutes
• Accept the Agenda for the August 20, 2024, City Council Meeting
• Approve the Minutes from July 16, 2024, City Council Meeting
• Accept the Minutes from the August 14, 2024, Planning Commission Meeting
Special Presentations/Public Hearings
• None
Consent Agenda
• Resolution #2024-015 August 2024 Donation to White Bear Lake Area Food Shelf
• Resolution #2024-016 August 2024 Donation to Willow Lane Elementary
• Monthly Financial Report(s)
• Quarterly Financial Report(s)
• Claims
Committee Reports
• Planning Commission
Old Business
• Newsletter Updates / Topics / Suggestions
New Business
• Future Charitable Gambling Donations
o White Bear Lake Emergency Food Shelf
Community Outreach to Other Cities and Government Bodies
Presentations from the Public, 2 minutes maximum
Open Items for Council Members to Bring Up
Future Council Meetings
• Next City Council Meeting, Tuesday, September 17, 2024
o Attendance Inquiry
• Next City Council Workshop, Monday, September 9, 2024 - CANCELED
Adjournment – The meeting adjourned at ________