HomeMy WebLinkAbout2024 07-09 PC 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
Planning Commission Meeting – July 9, 2024
Call to Order of Planning Commission Meeting
By Chair Joshua Patrick at 7:____ p.m.
Call of Roll
Patrick Farrell Cummings Pratt Wippich
Approve and Accept Agenda and Minutes
• Accept the Agenda for the July 9, 2024, Planning Commission Meeting
• Approve the Minutes from May 14, 2024, Planning Commission Meeting
Public Hearings
• None
Old Business
• Ordinance No. 09, 65, and 116 Liquor Discussion
New Business
• None
Open Items for Commission Members to Bring Up
Future Meetings
• Next City Council Meeting, Tuesday, July 16, 2024
• Next Planning Commission Meeting, Tuesday, August 14, 2024
o Attendance Inquiry
Adjournment – The meeting adjourned at _____
City of Gem Lake Planning Commission Meeting Minutes May 14, 2024 1 | Page
City of Gem Lake
Planning Commission Meeting – May 14, 2024
Meeting Minutes
Planning Commission Chair Joshua Patrick called the meeting to order at 7:00 p.m. Commission Members Art Pratt,
Derek Wippich were present. Not present were Don Cummings and Stephanie Farrell. Also present: City Planner
Evan Monson, Graduate Community Planner CJ Sycks, City Attorney Kevin Beck, and Acting City Clerk Melissa
Lawrence.
May 14, 2024
A motion was made by Commissioner Pratt to accept the agenda, seconded by Commissioner Wippich. Voice vote
taken, all voted yes, motion carried, agenda accepted.
Minutes
A motion was made by Commissioner Pratt to approve the March 12, 2024, Planning Commission Meeting minutes,
seconded by Commission Chair Patrick. Voice vote taken, 2 in favor, Commissioner Wippich abstained because he
was not present at the March Council meeting, motion carried, minutes are approved.
Public Hearings
None
Old Business
None
New Business
Ordinance No. 68 and 115 Tobacco Discussion
City Planner Evan Monson presented the Commission with a draft revision of Ordinance No. 68 Tobacco
that included the incorporation of Ordinance No. 115 Penalties for Violation of Tobacco Ordinance.
Ordinance No. 68 was adopted in 1998. The 2010 amendment, Ordinance No. 115, has been incorporated
into Ordinance No. 68 and has been reformatted to be consistent with other city ordinances. This ordinance
regulates the sale, distribution, possession, and use of tobacco and tobacco related devices, and the
penalties for violation.
In 2019, the former President signed legislation to change the minimum age for tobacco and nicotine sales
and use from 18 years old to 21 years old. The legislation is referred to as “Tobacco 21” or “T21”. In
August 2020, Minnesota strengthened T21 by allowing local governments to conduct compliance checks.
The proposed Ordinance No. 68, including the T21 State legislation and changes, are listed in Table 1 of
the TKDA May 14, 2024, Gem Lake Planning Commission Memorandum attached.
The Commission discussed the suggested ordinance revisions and would like to forward the document
along to the City Council for approval based on the edits made by the City Planner and staff with the
reference of “minor(s)” being removed all together and the suggestions of City Lawyer Kevin Beck.
Commissioner Pratt introduced a motion, seconded by Commissioner Wippich. Voice vote taken, all in
favor, motion carried.
Ordinance No. 09, 65, and 116 Liquor Discussion
City Planner Evan Monson suggested that the Commission table the discussion on the liquor ordinances
until the June meeting to give himself and Graduate Community Planner CJ Sycks a chance to make the
requested additional changes and consolidation of the existing liquor ordinances by the Acting City Clerk
Melissa Lawrence.
Commissioner Pratt introduced a motion to table the discussion on liquor ordinances, seconded by
Commissioner Wippich. Voice vote taken, all in favor, motion carried.
City of Gem Lake Planning Commission Meeting Minutes May 14, 2024 2 | Page
Ordinance No. 60 and 117 Charitable Gambling Discussion
City Planner Evan Monson presented the Commission with a draft version of Ordinance No. 60 Charitable
Gambling that included the incorporation of Ordinance No. 117 Increase of Charitable Giving. Ordinance
No. 60 was adopted in 1991. The 2010 amendment, Ordinance No. 117, has been incorporated into
Ordinance No. 60 and has been reformatted to be consistent with other city ordinances. The amendments
are shown in the proposed Ordinance. This ordinance regulates the operation and sale of gambling devices
in on-sale liquor establishments.
The Commission discussed the suggested ordinance revisions / incorporations and would like to forward
the document along to the City Council for approval based on the edits made by the City Planner.
Commissioner Wippich introduced a motion, seconded by Commissioner Pratt. Voice vote taken, all in
favor, motion carried.
Fee Schedule Suggested Changes
Acting City Clerk Melissa Lawrence summarized to the Commission the reason for fee schedule updates.
While at the time this was added to the agenda it was to incorporate fees listed within the ordinances
discussed during the meeting, but Mrs. Lawrence spoke to Ms. Sycks prior to the meeting earlier in the day
about the suggested changes and provided her with an updated fee schedule. The changes suggested by
TKDA staff regarding fees was no longer relevant as the City looks to the City of White Bear Lake for
administrative offenses pertaining to liquor and tobacco as they are the ones to issue the penalties and
conduct the compliance checks. The one suggested change by TKDA staff that was kept was the change to
the investigation fee for a new on-sale liquor license, which was changed to actual cost. All ordinances
discussed earlier will include a reference to the most recent fee schedule for fees.
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. Voice vote taken, all in
favor, motion carried.
Open Items for Commission Members to Bring Up
Graduate Community Planner CJ Sycks asked if the Commission had any other ordinances that they would like to
go over throughout the year. Commission Chair Patrick stated that he would like to see Ordinance No. 124B
Hunting & Discharge of Weapons to be reviewed at a future meeting. Mr. Patrick would like to look at adding
language regarding archery turkey hunting within the city. Mr. Patrick shared that at this time the state only allows
one (1) bearded turkey to be taken in the spring.
Future Meetings
City Council Meeting, Tuesday, May 21, 2024, at Heritage Hall, and Planning Commission Meeting, Tuesday, June
11, 2024 at Heritage Hall.
Attendance Inquiry
Commissioner Chair Patrick surveyed the Commission to see if any of the members would have any issues
attending the June 11, 2024, meeting. At this time those in attendance will all be at the next meeting.
Adjournment
Being there no further business, following a motion from Commissioner Pratt, seconded by Commissioner Wippich,
the meeting adjourned at 7:40 p.m.
Respectfully submitted, Melissa Lawrence
Memorandum
To: Gem Lake Planning Commission 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: June 18, 2024
SUBJECT: Discussion regarding the Gem Lake Liquor Ordinances
MEETING DATE: July 9, 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 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
Ordinances 9, 65 and 116 have been 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 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.
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. Aspects of Ord. 2019 have been incorporated into Proposed Ord. No.
146.
Gem Lake – Ordinance Updates
Gem Lake Planning Commission
July 9, 2024
Page 2
Proposed New 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. 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 Planning Commission
July 9, 2024
Page 3
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
Recommendation
The Commission should review the draft ordinance, fee schedule, and determine if they should be amended any
further. If the Commission desires additional review, direction regarding ordinance changes should be provided to
staff. The Commission can also recommend the drafts be forwarded to the City Council for review and approval.
Attachments:
1. Ordinance 146 – Liquor – DRAFT - Redlined
2. 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 collection of fees and establish financial responsibility on the
part of the applicants for review and investigation of applications, 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. § 340.101 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 more than one -half (0.5%) 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 liquor.
8. Minor: A person under twenty-one (18) years of age.
9. Person: Any individual, partnership, association, corporation, limited liability company, club, or other
organization.
5.10. 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 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”.
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 Liquor Licenses.
1. 3.2 Malt 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 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 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
Safety, may be issued only in connection with a social event sponsored by a club, charitable,
Commented [CS1]: Updated section to include all licenses
allowed by state statute.
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 liquor license is authorized to
sell malt 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 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 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 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 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 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 fr om 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 liquor license may be issued, with approval of the Commissioner, to
a holder of a brewer’s license under Minn. Stat. § 340A.3 01, 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.
4.
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. No license shall be issued to an individual who is a
nonresident of 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.
Commented [CS2]: Language from State Statute
340A.408. Including here as well will make requesting fees
easier for the city.
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 issued to any business, except an exclusive liquor store, until it has been in operation
continuously for six (6) months.
2.3. 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.
3.4. 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 licens ee 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 500 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;
Commented [CS3]: Review this existing section.
Commented [CS4]: From Ord. 2019, not in LMC model
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.
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 liquor license or any other license issued
Commented [CS5]: Added as suggested by the LMC
model
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 (30)
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 sever able.
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: ______________________________________
Commented [CS6]: Review the hearing timeline.
_______________________________________ _____________________________________
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.
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/Fowl $25.00
Chicken/Fowl Keeping Up to 5 Chickens/Fowl - Renewal $15.00 Annually
Chicken/Fowl Keeping Up to 25 Chickens/Fowl $50.00
Chicken/Fowl Keeping Up to 25 Chickens/Fowl - 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