HomeMy WebLinkAbout2018 11-07 PC PACKETCITY OF GEM LAKE, MN
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4200 Otter Lake Road
Gem Lake; .MN 55110-3227
Planning Commission Meeting Agenda
Wednesday, November 7, 2018, 7:00 p.m. — Heritage Hail
1.. Cali to Order & Roll Call
2. Approval of Agenda
3. Review & Approval of Minutes
A. October 2, 2018 City of Gem Lake Planning Commission Meeting Minutes
4. Public Hearings
A. Amendments to Germ Lake Ord inarice No. 67D - Individua1.56ptic Systems
.a. Amending Ord. No. 57I), Sections 23 `& 25 per request .of the. Minnesota Pollution Control.
Agency
B. Amendments. to Gem Lake Ord inance.No. 09 — Liquor Ordinance
a. Amending Ord. No. 09, Sections 7.3 & 7.9 to incorporate wine tasting & sales.
5. Discussion items (Old Business/New business)
None
6. Public. Comments
Members of the public may caring items of interest :or concern to the members of .the Planning
Commission, Please limit comments to 2-3 minutes.
7. Adjourn
NEXT SCHEDULED MEETING:
e' Tuesday, December 4, 2018 (as necessary)
City of Gem Lake Telephone: 651-747-2790
4200 Otter Lake Road E-mail: Cit emlakeMN.ox
Gem.Lake; MN 55110-3227 Website: geznlakemn.org
City of Gem. Lake Planning Commission Meeting Minutes
Tuesday, October 2, 2018 7:00 p.m., Heritage Hall, 4200 Otter Lake. Road
Call to order and Roll Call
Chair Ben Johnson railed the meeting to order at 7:02 p.m. Commissioner Pratt -and Wippich.
were present.
Staff: Tom Riedesel, City Planner.
Public: Steve Rowan, Greg Smith; Brad Naylor
Uproyal of Agenda.
Commissioner Pratt made a. motion to approve,. seconded by Commissioner Wippich, motion
passed.
Approval of Minutes
Commissioner Wippich made a motion to approve the minutes of September 4, 2018, seconded
by Commissioner Pratt. Minutes approved.
GId..Business
None
Public Hearing
The Planning Commissioners reviewed.and approved the Meeting Minutes for August 2018
(see.. attached), held public hearings for applications from Hy-Vee and Honey Bear Meadery and
heard comments from Gem Lake City Planner Tom Riedesel, the applicants and: members of the
community.
1. Application for a CUP for 1430 Goose -Lake Road for the construction of an accessory
structure
The Planning Commission reviewed the application for a Conditional Use Permit to
construct an accessory structure (garage). The. City Planner, Tom Riedesel, provided an
overview of his Mennorandurn to City of Gem Lake Planning. Commission dated
October 2, 2018. Mr. Riedesel. and Brad Naylor; on behalf of the applicant Gretchen
Artig=Swoznley; reviewed the proposed project and walked through those questions and
items of interest to the Commissioners, i.e., the set -backs, position of the. proposed
structure and current zoning and uses of the property.
The Planning. Commission voted 3-0 to recommend that the: City Council approve the
application for a CUP for the construction of an accessory structure at 1430 Goose. Lake.
Rd.
2. Application from CUP for 3. Hillary Farm Lane for the constructions of an. accessory
structure
City of Gem Lake Planning Commission Meeting Mntites September 4, 2018
1
The Planning Commission reviewed. the application for a Conditional Use Permit to
construct an accessory structure (garage/barn). The City Planner, Tom Riedesel,
provided an overview of his Memorandum to City of. Gem Lake Planning; Commission
dated June 25, 2018.and revised September 26, 20.18.
The .applicant; Steve. Rowan, is seeking to build. an accessory building for storage and
p.otentiallyhorses.in the future..His plans call for a.2707' structure to be located near
an existing accessory structure (guest house). The new. accessory structure will be
approximately999 square feet, with a proposed height of approximately 201 from grade
to the high point of the roof line.
Under Gem Lake ordinance Number 131— the Consolidated Land Use Ordinance,
Hillary Farm is currently located in the Executive. Residential Zoning District (RX) which
includes a maximum height of 15' for an accessory structure. Two options proposed by
Mr. Riedesel were the granting of a variance for the structure. to exceed 15'., or an
amendment to the RX Zoning District to allow increased accessory structure Maximum
heights.
The Hillary Farm HOA Board (represented by Greg Sinitl) has granted the applicant
(Mr.. Rowan) their permission for a 'variance' .to the HOA.Covenants. which prohibit
accessory structures.
Mr. Rowan noted that it.was his understanding that Gem Lake Ordinance 43G — Hillary
Farm controls; and that under Ord. No.. 43G, a maximum height for accessory structures
within the Hillary Farm development is 25`.
After some questions and. discussion regarding which ordinance is currently in effect for
Hillary Farm, the Commissioners vo ted. to recommend that the application for a CUP be
granted on the: condition that the zoning for Hillary Farm (and the Hillary Farm HOA)
was still governed by Gem Lake Ordinance No. 43G.
Public Comments
Adi
Commissioner Pratt made a. motion, seconded by Commissioner Wippich to adjourn the
meeting.. Motion passed, meeting adjourned at.7:55 p.m.
City of Gem. Lake PIanning Commission Meeting Minutes September 4, 20 1.8
2
Gloria Tessier
Subject: 67 D Replacement,
Section 13 (c) —take out three months — replace with 10 months (page 8)
Sect.'ion 13 (d) - take out 3 months replace with 30 days and remove will to shall (page 8)
Section.23 (b)(1)(d)- replace maintenance.wit.h service provider— page 13
Section 23 (iy take out .1icensed inspection business -.page 15
Section 26 (a)(2)- compliance inspections. can only be signed. by an inspector (page.17)
Section 26 (b)(7)-you state 10 months to fix here. where before you.call out 3 months to fix with the potential to have it
extended to.10 months
Section 26 (b)(13)- replace service provider with inspector (page 18)
Section 26 (b)(14)- replace service provider with inspector (page. 28)
Section 26 (c)(3)- replace service provider with inspector (page 1.9)
Section 26.(c)(4)- replace service provider with inspector (page 19)
Section 26. (%)(b)-replace service provider with inspector (page 20)
Gloria Tessier
Gem Lake City Hall
4200 Otter Lake Road
Gem Lake; Minnesota. 53110
651747-2792
Glo ri a.Tessi,er@geml aken irl .org
(c) Two Soil Treatment. and: Dispersal Areas. All tots created after January 23, 1996,
must have a minimum of two soil treatment and dispersal areas that can support
trenches, seepage beds, mounds, and at -grade systems as described in Minnesota Rules,
chapters 7080.2200 through .7080.2230 or site conditions described. in Chapter
7081.0270, Subd. 3 through 7. If an additional soil treatment and. dispersal area is
available on lots created on or before January 23, 1996, it shall be identified in the site.
evaluation.
(d) Existing SSTS without Permits: Existing SSTS with no permits of record shall
require a permit and be brought into compliance with the requirements of this
Ordinance regardless of the. date they were originally constructed.
SECTION 13: UPGRADE, REPAIR, REPLACEMENT; AND ABANDONMENT
(a) SSTS Capaeity Expansions. Expansion of an existing SSTS must include any system
upgrades that are necessary to bring the entire system into compliance with the
prevailing provisions of this Ordinance at the time of the expansion.
(b) Bedroom Additions.. A compliance inspection is required prior to issuance of a permit
for a bedroom addition, If the system is found to be non -compliant, the owner shall
upgrade, repair., or replace the existing system prior to issuance of the permit for the
bedroom addition.
(c} Failure<'sto Proteet.Croiindwater A SSTS that is determined not to be protective of
groundwater in accordance with Minnesota Rules, Chapter 7080.1500, Subd.4.B shall
be upgraded, repaired, replaced or abandoned by the owner in. accordance with the,
provisions of this Ordinance within three '''''' 3 months of receipt: of. a Notice :of
Noncompliance. If the Department determines that extenuating circumstances exist,
this timeframe array be extended to eighteen (18).,months from receipt. of a Notice of
Noncompliance.
(d) Imminent=Threat'to`Publie'Health=or:Safety: A SSTS-..that is determined to be an
imminent threat to public health or safety in accordance with Minnesota Rules, Chapter
7080.1500, Subd.4A shall be upgraded, repaired, replaced or abandoned by. the owner
in accordance with the provisions of this Ordinance within-three.e 3} �onths f receipt.
of a Notice of Noncompliance. In the event of an imminent threat to tc Health or
Safety, a mitigation plan VG b� submitted to the department. immediately upon
discovery. If the Department. deferL`mikh�s that extenuating circumstances exist, this
tirneframe may be extended. to ten `(10) months from receipt of a Notice. of
Noncompliance:
(e) Abandonment.. Any SSTS, or any.component thereof, which is no longer intended to
be used,. must be abandoned in accordance with Minnesota Rules, Chapter 7080.2500.
SECTION 14: SSTS IN FLOOI)PLAINS
SSTS shall not be located in a floodplain,
SECTION 15: CLASS V INJECTION WELLS
Gloria. Tessier
From: Gloria Tessier
Sent:. Tuesday, November 06, 2018 3:34 PM
To: Johnson, Ben; Derek Wippich; Art Pratt.
Subject: One other change to 67D - for the planning commission meeting tomorrow night
Section 26. (b) (7) replace ten with 30 days and at the end of the paragraph (imminent. public health threat).
Gloria Tessier
Gem. Lake City Hall
4200 Otter Lake.Road
Gem Lake, Minnesota 55110
651747-2792
Gloria.Tessierogennlakemn. org
(h) Extensions and Renewals. The Department may grant an extension of the
Construction Pennit if the constrttetioh has commenced prior to the original .expiration
date of the permit: The .permit niay be extended far a period.vf't�o more thtul six (6)
months.
(i) Transferability. A Construction Pennit shall not be transferred to a new owner. The.
new owner.must apply for a now Construction ]hermit in accordance with this section.
(j} Suspension or Revocation, The Department may suspend or re.voke a Construction
Permit issued under this section for any false statements; misrepresentations of facts on
which the Construction Permit was issued, or unauthorized changes to the systelrt
design. that alter .the original function of the system as determined by the Departnicnt,
change t1w treatment capacity of the system, change the location of the systcni, or
otherwise change the original system's design, layout, or .function. A notice of
.suspension or revocations .and: the reasons :for the suspension or revocation shall be
conveyed in .writing to the permit holder, If suspended or revoked, installation of
modification. of a .treatment system may not c.urnmence or continue until a valid
Construction Permit is obtained.
(k) Posting. 'rho Construction Permit. shall be posted on the property in such a 100tion
and mariner so that. the permit is visible and available for inspection until constructinzr
is completed and certified.
SECTION 23; OPERATING PERMIT
(a) $STS Requiring an Operating Permit. An Operating Permit shall be required ofrtll
owners .of new holding tanks, Type IV: Systems, Type V Systems,. MSTS, or any other
system deemed by. the Department to require operational oversight. Sewage shall not
be discharged to these systems until the Department certifies that the system was
installed in substantial conformance with the approved plans, receives the final .record
drawings of the system, and a valid Operating; Permit is issued to the owner.
(b) Permit Application Requirements.
(1) Application for an Operating Permit shall .be made on a form provided by the
Department including:
a. Owncr name, mailing address, telephone, and email address
b. Construction Permit reference.nuinber and date of issue
c, Final record drawings :af the treatment system
d. Owners of holding tanks must submit a copy of a valid executed monitoring. and
disposal contract with a licensed maintenance business ejUilre'
(2) Owners of holding tanks.shall provide to. the Department a copy of a valid
monitoring and disposal contract. executed. between Elie owner and. a 1icens4d.
maintenance business,.which guarantees the removal of the holding tank contents
in a timely manner that prevents an illegal discharge in accordance with Minnesota
Rules, Chapter 7082.0100, Subd. 30. This requirement. is waived if the owner is a
farmer who is exempt from. licensing under Minnesota Statutes, section 11.5.56.
subdivision 3, paragraph (b), clause (3),
(3} All SSTS existing prior to the effective date of this Ordinance shall require uit
operating permit .upon transfer of ownership, replacement, any modification or
expansion that requires a permit; or following any SSTS eitforc.ement action.
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(c) DepRrtntent Response. TheDepartmentshall review the record drawings, operation
and maintenance manual, management plan, maintenance and servicing contract; and
any other pertinent documents. as appropriate. for accuracy and cornpleteness.. If any
deficiencies are identified, the. operating permit shall be deniedtntil the detit:ieneies.
are corrected to the satisfaction of the Department.
d. Operating Permit Terms and Conditions. The Operating Permit shall include the
following:
System paFormancc re:guirernunts
(2) System operating requirements
(3).Monitoring locations, procedures. and recording`requiretnents
(4) Maintenance requirements and schedules
{5) Compliance limits and boundaries
(6) Reporting requirements
(7) Department notification requirements for non -compliant conditions
(8) Valid contract between the owner and n licensed maintenance .business
(9) .Disclosure, location and condition of acceptable soil treatment and dispersal system.
site
(1 Q.) Descriptions of acceptable and prohibited discharges
(e) Permit Expiration and Renewal
(1) Operating Permits shall be valid for the spccific term. stated on the permit as
determined by the Department.
(2) An Operating Permit must be renewed prior to its expiration. If not renewed, .the
Department may require the system to be removed from service or operated as a
holding tank until the permit is renewed. If hot renewed within ninety (90) calendar
days of the expiration date., the City may require that the system be abandoned.
(3) Application shall be made on a form provided by the: Department including',
a. Applicant name, mailing address, telephone number, and e-mail address.
b, Refcrence number of previous owner's operating permit.
c. Any and all outstanding Compliance Monitoring Reports as required by..thc
Operating Permit.
d. Certified treatment system inspection signed and/or sealed by a certified
designer, maintenance contractor, or operator. at the discretion of the City,
e..Any revisions made to the operation. and maintenance. manual.
f. Payment of application review fee as determined by the City.
(fj Amendments to Existing Permits not Allowed. Tlie City may not amend. art existing
pertnit to reflect changes in this Ordinance until. the permit term has expired. and is
renewed, unless an amendment is necessary to eliminate an imminent threat to.
public hcalth or safety.
(g) Transfers. The Operating Permit may not be transferred. A new owner shrill apply for
an Operating Permit. The Department shall not. terminate the. current pertnit until
sixty (.GO) calendar days after the .date of sale unless act imminent threat to public
health and safety exists. To consider the new owner's application, the Department.
may.require a performance inspection of the treatment system certified by a service
provider or qualified employee.
(h) Suspension or Revocation.
(1) The Department may suspend. or revoke any operating.permit issued under this
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section for any false statements or misrepresentations of facts on which the
Operating Permit. was issued.
(2) Notice.of suspension revocation and the reasons for revocation shall be conveyed
in writin..g.to the Owner-
(3) if suspended or revoked, the Department may require that the treatment systenrbe
removed .from service, operated as a .holding. tank, or abandoned in accordance
with Section 40-275.
(4) At the Department's discretion, the operating permit may be reinstated or renewed
upon the owner taking. appropriate corrective actions_
(i) Conipliance Monitoring
(I ) Performance monitoring. of a. SSTS skull be performed by a-lree exki spa e�ior� /'
+U34 4 -err licensed service provider hired by the Bolder of the operating permit in
accordance with the monitoring frequency and parazneters stipulated in the perinit.
(2) A monitoring report shall be prepared and certified by the licensed inspection
business or licensed service provider, The report shall be submitted to the.
Department on a.form. provided by the Department on or before the compliance
reporting date. stipulated in the operating permit. The report shall contain a
description of all maintenance and servicing activities performed since the last
compliance monitoring report as described below.;
a. Owner name, mailing address, telephone number, and e-mail address.
b, Operating i'ermit number
c. Average daily -flow since last compliance monitoring report
d. Description of type of maintenarice and date performed
e. Description of samples: taken (if required), analytical laboratory used, and results
of analyses
f. Problems noted with the system and actions.proposed or taken to. correct then
g. Name; signature, Iicense and.licensc number of the licensed professional who
performed the work.
SECTION 24; ABANDONMENT CERTIFICATION.
(a) Purpose
The purpose of the System. Abandonment Certification is to ensure that a treatinent
system. no longer in service is abandoned within a reasonable time following'
decommissioning and in a manner that protects public health, safety and water duality.
It also terminates all permits associated. with the system.
(b) Abbandonment Requirements
(1) Whenever the use of a SSTS or any system component is discontinued as the result
of s system repair; modification, replacement or decommissioning following.
eortnec#ion to a municipal or private sanitary sewer, or condemnation or demolition
of a building served by the system, further use of the system or any system
component for any purpose tinder this. Ordinance shall be prohibited.
(2) Continued use of a treatment tank where the tank is to become an integral part of a
replacement system or a sanitary sewer system requires the prior written approval
of the Department.
(3) An. owner of a SSTS must retain a licensed installation business to abandon all
components of the treatnment system within sixty (60) calendar days:af discontinued
use. Abandonment shall be completed in accordance with Minnesota Rules,
Chapter 7080.2500, No prior notification to the Department oi'an owner's. intent to.
abandon a system is necessary.
(4) A report of abandonment certified by the licensed installation business shall be
submitted to the Department. The report shall include,
a. Owner's name, mailing address, telephone number, and e-mail address.
b: Property address
c. System construction permit and operating pen -nit
d,. The ,reason(s) for abandonment.
e. A brief description of the abandonment: methods used, description of:the system
components removed or abandoned in place, and disposition of any materials or
residuals.
(c) .Abandonment Certificate. Upon receipt of an abandonment report and its
determination that the SSTS: has been abandoned according to the requirements of this
Ordinance, the Department shall issue all abandonment certificate. If the abandonment
is not completed adcording the requirements of this Ordinance the City shall notify the
owner of the .SSTS of the deficiencies, which shall be corrected. within thirty (30)
calendar days of the notice,
SECTION 25: MANAGEMENT PLANS
(a) Purpose: The purpose of Management plans is to describe how a particular SSTS is intended
to. be operated and maintained to sustain the performance required. The.pIan 'is to be provided
by the certified designer to the system owner when the treatment system is. commissioned.
(b) Management Plan Requirements:. Management plans .are required for all new or
replacement SSTS. The managementplan shall be submitted to the Department with the
construction permit application fpr review and :approval within 30 days of planned start of
construction. The Department shall be notified of any system modifications made during
construction and the management plan revised and resubmitted at the time of final construction
certification.
(e) Required Contents of a Management Plan: Management plans shall include:
(l j Operating requirements describing tasks that the owner can: perfonn and tasks that a
licensed service provider or maintainer must perform;
(2) Monitoring. requirements;
(3) Maintenance requirements including maintenance procedures and a. schedule for routine
maintenance;
(4) Statement that the owner is required to notify the Department when the management plan
requirements: are not being met;
(5) Disclosure of the location and condition. of the additional soil treatment and dispersal.
area on the owner's property or a property serving the owner's residence;
(6) A description of the system and each component;
(7) A description of how the system functions;
(8) A site plan of the system;
(9) Equipment specifications;.
E.
(10) lwmergency. operating'procedures in the event of a malfunction;
{11) A troubleshooting guide
(d) Requirements for Systeins ndt operated Under a Management Plan: SSTS that. are not
operated under a management plan or operating permit must have treatment tanks inspected
and provide for the removal. of solids if needed every three years. Solids must he. removed
when. their accumulation meets the limit described in Minnesota Rules, Chapter 7080,2450,
System owners shall be required to submit a WCA Septic Tank Maintenance Reporting Form
to the Department every three (3) years:
:SECTION 26: COMPLIANCE INSPECTION PROGRAM
(a) Department Responsibility, .It is.the responsibility ofthe Department, of its agent. to lie rform
various SSTS compliance...inspections periodically to assure that the requirements of this
'Ordinance are met.
(1) .SSTS compliance inspections rn-ust be performed:
a. To ensure compliance with applicable. requirenwhis;
b. To ensure system compliance before issuance of a permit for addition of a bedroom
unless the permit application is made during the period of November 1 to April )tl,
provided a compliance inspection is performed before the following.Junc I and. the:
applicant submits a Certificate of Compliance by the following.September 30;
c. For all new SSTS construction or replacement;
d. For an evaluation, investigation, inspection,. recommendation, or other process used
to.prepare a disclosure statement if conducted by a party who is not the SSTS oNvner:.
Such an inspection constitutes a compliance inspection and shall .be conducted in
accordance with Minnesota Rules, Chapter 7082.0700 using the SSTS inspecliolt
report forms provided by MPCA. t f)�
(} All compliance inspections must be performed and signed b the scr iee-- rr�tci�r-mil
loyees, f_
(3) The Department shall. be given access to enter a property at any reasonable time to inspect
and/or monitor the SSTS system. As used in this paragraph, "property" does not include
a residence or private building. The Department shall notify the .owner of the Department's
.intent to inspect. the: SSTS least two (2) days in advance.of the intended inspection;
(4) No .person shall hinde.r.or otherwise interfere with the I]epartmcnt's employees in the
Performance of their duties .and responsibilities :pursuant to this Ordinance, Refusal to
allow reasonable access. to the.property by the.Departirtent shall bedeemed a separateand
distinct. offense..
(b) New Construction or Replacement.
(1} Compliance inspections must be performed on new or replacement SSTS to
determine compliance with. Minnesota .Rules, Chapters 7080 or 7081.
(2) It is the responsibility of the SSTS owner or the owner's agent to notify the
Department two (?).calendar days prior to any .permitted work out the SSTS.
(3) .Installation inspections shall be made at each installation, prior to any work having
been covered by backfill. Work that is backfilled prior to. the required inspection
may be ordered to. be uncovered whenever necessary to: determine compliance.
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(4) The, licensed installer shall be responsible for notifying the departnicrit a minimum
of twenty four (24) hours before the time the work is ready for inspection or
reinspection.
(5.) When; upon inspection, any part of the systenxi is determined not to be its compliance
with this division, written notice shall be provided by the Department indicating
the deficiency and the required. corrections.
(6) Noted deficiencies shall be properly corrected and reinspected before any other
work oil the project is continued.
(7) SSTS found not to be in compliance with Minnesota Rules, Chapter 7080.1.500,
Subd.. 4A or Chapter 7081..0080, Subd. 3 must be repaired or replaced within ten
(10) months.
(8) No system shall be placed or replaced in service until final inspection. and approval
of the installation.
(9). The contractor, upon completion of the installation, shall file with. the departntcnt
as --built drawings indicating the location of system components dimensioned from
a permanent reference. point.
(10) A minimum of three construction inspections are required for mounds in
accordance with the following:
a: When the..original soil under the. mound. has been roughened. but prior to
placement of the sand fill. Enough of the.. proposed sand fiII must be.present to be
viewed.
b.. After placement of rock and piping but prior to cover.
c. Final inspection, when the job is completed.
(11) SSTS that are determined to have operation or monitoring deficiencies. most
immediately be maintained, monitored or otherwise managed according to the
operating permit.
(12) A Certificate of Compliance for new SSTS construction or replacement shall be
issued by the Departnient if the Department has reasonable assurance that dic
system was built in accordance with the applicable requirements as specified in the
construction permit.,
(13) The Certificate of Compliance must include a certified statement by the se.
ptevidfr,or qualified.ctriployee who conducted the.inspection that the SSTS is or k
not in compliance with the Ordinance requirements. If the SSTS is determined not
to be in .compliance with the applicable requirements, a Notice. of Noncompliance
must be issued to the owner which includes a statement specifying those 0rdinnee
provisions with which the SSTS does not comply.
(14) The Certificate of Compliance or Notice of Noncompliance must. be submitted to
the Department no later than fifteen (15) calendar days after'the date the inspection
was performed. The Department shall deliver the Certificate of Compliance or }.
Notice of Noncompliance to the owner. or the owncr's agent within fifteen (1 S) `
calendar days of receipt from the.�s. . er or qualified esnployee, No SSTS
shall be placed into operation until. a valid certificated of compliance. has been
issued.
(15) Certificates of Compl iance for new construction or replacement shall ren-luin valid
.for five: (5) .years from the date of issue unless the Department finds evidence of -
noncompliance,
1$
(c) Existing Systems
(1) Compliance inspections shall be required when any oftile following conditions occur:
a. When a construction permit is required to repa ir,. modify, or upgrade an. existing.
system;
b. Anytime there is. an expansion of use of the building being served by an existing
SSTS which may impact the performance of the system;
c. Any time there is a change in use of the property being served by an existing SSTS
which may impart the performance of the system;
d: At :any time as.required by this Ordinance or the Departmentdeems appropriate such
as upon receipt of a comp] aintor'other notice of a system malfttnction,
(?.) Cntrtpliance inspections of existing :SSTS shall. be reported on the inspection report fornis
provided by MPCA. The following conditions must be assessed or verified:
a. Water -tightness assessment of all treatment tanks including a leakage report;
b. Vertical separation distance between the bottom of the soil treatment and dispersal
system and the periodically saturated soil or bedrock including a vertical separation
verification report.;
c. Sewage. backup, surface seepage, or surface discharge including a h)'draulic.
function
report,
d:. Safety assessments of tanks and covers.
e,. Any other issues deemed to h-apact public health and safety.or is non -protective of
the ground water..
(3) The Certificate of Compliance must include a certified statement by a service prod-�,T or
qualified employce: indicating whether the SSTS is in compliance with the. Ordinance
requirements, If the SSTS is determined not to be in compliance with. the. applicable
requirements, a Notice of Noncompliance must include a statement specifying those
Ordinance .provisions: with which.. the SSTS does not comply: A construction permit
application.naust be submitted to the Department if the required corrective action is not a
minor repair.
(4) The Certificate of Compliance or Notice of Noncompliance must be submitted td the
Department no . later than fifteen (15) calendar days after tine date the inspection was
performed. The Department shall deliver the Certificate of Compliance or Notice of
Noncompliance to the owner or the owner's agent witliin fifteen (l S).calendar days —of
receipt from the 'or qualified employee,'f'�%'.•
(5.) .Certificates of Compliance for existing SSTS shall remain valid for three (3) years fr.orn
the date of issue unless the Department finds evidence of noncompliance,
(d) :Periodically Saturated. Soil Disagreements: Disputes involving documented discrepancies.
on the depth of the periodically saturated soil for SSTS design or compliance purposes shall
be resolved. according. to Minnesota Rules, Chapter 7082.0700, subd. 5.
(e) Cost of
(1) The department shall conduct an annual maintenance inspection. The cost of Inspection of
SSTS in the. City shall be tire: sole responsibility of the Property Owner and shall be as:
established by the City of Geri. Fake Counsel and. from time to time amended by resolution.
An. invoice for fees associated with Annual Inspections will be provided at the time of
inspection by the Qualified Emplovee. Any fees for Annual Inspection which remain
Unpaid for more than sixty (60) days by the Property Owner to the City may, along with
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related administrative. fees, by certified: to Ramsey County for asscssmcnt. Against the real
property upon which the SSTS is located.
(?) On or before the first day of September.(Septetnher. I"] of each year the City Clcrk shill]
list the total unpaid charges for each Remedial Action taken against each, separate to or
parcel to which they are attributable under this. Ordinance. The City Council may the„
charge. all. or uny .portion of such charges plus an additional administrative fee ❑r H R y
($50,00) Dollars against the real property involved as a special assessment under
applicable Minnesota Statutes for certification to the County Auditor for collection in the
following year with that year's current taxes payable.
(1) Transfer of Properties
(1) Whenever a conveyance of land including a structure. that is required to have a SSTS occurs,
which includes property foreclosures and tax forfeited transfers, the follo►ving
requirements shall he met:
a.. A compliance. inspection shall have been performed And a Certificate of Compliance
shall:have been submitted to the Department within three (3) years for SSTS older
than five years or within. five (5) years if the system .is Iess:than ftve years .oId, prior
to .the intended sale or transfer of the property, unless evidence is .to
ut,d identifying
the . SSTS as an Imminent Threat to :Public. Health and Safety or Failing to Protect
Groundwater.
b. The compliance inspection must have been performed by a s r ar
qualified employee following procedures: described in Section 26,
C. The seller.of the property must disclose in writing information about the status and
location of all known SSTS on the property to the buyer on a form acceptable to the
.Department,
d. If the seller fails to provide a Certificate of Cornplianee; the seller shall. provide the
buyer sufficient security in the form of an escrow agrceri,ent to assure the installation
of a compliant. SSTS. The security shall be placed in an escrow with a licensed real
estate closer, licensed attorney -at -law, or Federal or State chartered financial
institution. The amount escrowed shall be equal to one hundred fitly percent (150%ti)
of a written estimate to. install a compliant SSTS as provided by a licensed SSTS
installer, or the amount escrowed shall be equal to one hundred ten percent (I 10%)
of the written contract price for the installation.of a compliant SSTS provided by a
licensed SSTS installer. After a compliant SSTS has been.installed and a Certificate
of Compliance issued.; the. Department shalI provide the escrow agent a copy oil the
Certificate. of Compliance. The escrow may also be used to connect to a municipal
sanitary sewer collection system permitted by the MPCA if :the .Department
determines that an extension of the municipal sanitary sewer collection system. to
serve the .property is feasible.
(2) A Certificate of Compliance is not required if the sale. or transfer involves the following.
.circumstances:
a. The affected tract of land is without buildings or contains no dwellings or other buildings
with plumbing fixtures.
.b. The transfer does not require th e:fling of Certificate of Real Estate Value, as described
in Minnesota Statutes, Section 272,115, Subdivision 1.
MEMORANDUM.
DATE:
September 19, 2018
TO:
Patrick Kelly
FROM:
Martin Norder
RE: Gem Lake Liquor Ordinance. — lVMeadery[Wine License.
Gem Lake is looking to amend its liquor license in regards to the application by the Honey Bear
Meadery. for a Meadery brewery, tasting room and retail sales. A:meadery is not defined by Minnesota.
State Statutes but it is a honey`wine so it would fall under'the definition of a wine.
Two sections of the liquor ordinance would need to be amended to cover the application. by the Honey
Bear Meadery. These are as follows:
New Section 7.3:. "On -sale. Wine Tasting Room" licenses shall permit the. licensee to.
engage in on -sale of wine produced by the wine making: license for
consumption on the premises of or adjacent to one winery location..
owned by the. wine maker and shall be.issued only to facilities for
searing at least 25 guests. at one time, and shall permit the sale of
wine up to 24% by volume for consumption with or without. sale of
food.
New Section 7.9: "Off sale 'wine" licenses may be 'issued far the sale of wine in
original packages in retail, stores. for consumption off or away from
the premises where sold.
Section T l 1 (Sunday Sales) would. also bave to be amended as follows;
A license for "Sunday sales." at on -sale may be issued only to a Hotel or restaurant to which
an "on -sale" .Iieeris.e has. been issued. A license for Sunday sales .at oft -sale may be issued
only to a brewer that holds an off -sale brew pub malt liquor license or an off sale small
brewer malt liquor Iicense or an off -sate. wine license,. and Sunday off -sales may only be
made between the hours of 10:00 a.m.. and 10:00 p.m. No Sunday sales license; is needed
for "on -sale wine" or "on -sale wine. tasting room" licensees. Except in the case of "on -sale
wine" licensees, no Sunday sales. of intoxicating liquor.may be made without a license: for
Sunday sales.
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO.9
AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUPTION OF
INTOXICATING.LIQUORAND 'PROVII)ING A PENAL,TY'FOR 'VIOL.ATION:
.Section 1. Provisions of State Law Adopted.
Tlie provisions. of Minn.. Stat. chapter WA, commonly known. as the liquor act, are adopted and
made apart of this ordinance as if set out.in full. Whenever there -is an inconsistency between the
provisions of.Minn..Stat.:chapter 340A and the. provisions of, t4is.ordinance, the mare restrictive
governs.
Section 2. Definitions..
In addition to.the definitions set forth in Minn. Stat :chap€er 340A ho,following words are.defiited
for the.purpose. of this section as follows.
2.1. "License" includes•:a permit for consumption and display, un' W' otherwise indicated..
2.2.."Licensee°' means any.pe_rson to whor i:'i0icense 6kbeen issued' "der the provisions
of this ordinance. "
2.3. "Liquor' includes both 3-2percen..t,rnalt.liquorAnd intoxicating liquor,
2.4. "Minor" ineans:any person"under tic age of 21
2:5. "Person'°-r#earis'aiyindividual'partnersltp;'asSgci.ation.corporation, limited liability
cvmpariy;? elu: or Qtie :orgatiizaton`""``
Z.G. ".Sale" and,`purchase':}nciude aiI batters, .gifts, .sales and any other means..used to
"Res"taurwit'•'.-,has fFi6meaning gi + Mtq the term by Minn. Stat. §.340A.101, subd. 25,
:exceptthat these estai ishments mus$'have: facilities for seating not fewer than 100.
gueests atone tim for on=s le intoxicating liquor licenses.
Section 3. Lice",se/Permit:Required.
3.1. Except as:providedlelow, a.person must not: directly or indirectly, an ariy:preterixe
...
or by an} device sell, barter, keep for sale, or otherwise disposeof alcoholic
beverages:"`as•-part'of a commercial transaction without having obtained the
appropriate.l ccifk from the city..
3.2. .A business establishment or club that does not hold.an on -sale intoxicating liquor
license must, not directly .or indirectly allow the consumption and display of
intoxicating liquor or knowingly serve any liquid for the purpose of mixing with
intoxicating -liquor without f rsthaving obtained. a.permit from the.city,
Section 4. Persons Eligible.
4.1. A license may be issued only to a person who is:
a. 'eligible for a.license under Minn. Stat..§ 340A.40.2; and
b. a proprietor of the establishment: for which the license is sought.
4.2. No license may be issued.to a person.who. is. -
a.. ineligible understate law; or
b. not: the real. party in interest or beneficial owner of the business operated under
the license.
4.3. No license may be. issued if the representative orthe applicant, as specified in this
subdivision, tides not satisfy the residency requireirients of this subdivision. The
spepi. ied representative must bea natural pers6n and .must be, in the case: of an
individual.. applicant, the individual- in, tI e,'.Casi ;,of a partnership applicant the
,.�,.,.
managing partner; and in. the case .of a;coiparate or,:'ather applicant; the manager or
assistant manager with the authority <to receive `'legal process. The specified
representative must reside ►vithin�75 i iles.of city Kali: Tl4required residency must
.
be established by the time.the li'c�fu is issued and must be maintained throughout.
the existence of the license and a� l� iiewais. The time fore-Riblishing residency
may,.For good cause, be.gxtended bytli'ceQuncil='
4.4.. No more than one aff'sale intoxicating figi gt license, nor more than two on -sale.
intoxicating liquor licerrsd:i ri. e directly or<in iirectly issued to any one person or
for anyone place in this city;;..
Section 5. Places Tin eligihle °- : s "
5.1. No.liceilse°,nay be issued for any`plaee�or any business ineligible for a.Iieense under
state law.
5.2, ; Ni?'ligense may:66ratiie'uifoitinpera66' "'on anypremises on which taxes; assessments
�::.. =
< : or other tnancial'claims of tne'esty are`d iinquent and unpaid,
i
No license riiay:ba issued under sections 6.1, 7.1 or 7.2 of this .ordinance unless the
:; applicant makes a:bona`# dG,estimation that. at least 50. percent of the gross. receipts
o[ the establishmerk,,dun ng &I,rst year of business will be attributable to the sale of
fo&d '
5ectian. G: 3.2 Pereent:lylalt Liquor Licenses:
The city council may fss'66 it e<f "I10wing types of 3.2 percent mail liquor licenses:
6.1. "qn-sale.3.2 Percent Malt Liquor".L.icenses. Retail "on -sale 3..2 percent:malt liquor"
Iicenses obtained pursuant to this ordinance will permit the licensee to sO112.percent
malt liquors for consurription on the licensed .premises and will be issued only to
restaurants, hotels; bona fide. clubs and establishments used exclusively for the sale
0f non intoxicating malt beverages with the incidental :Ae of tobacco.and soft. drinks.
6.2. `'Off-sale`3.2 Percent Malt.Liquor".Licenses. Retail "off-sale3:2 percent Mal liquor"
licenses obtain ed. pursuant to this ordinance:wiII permit the Iicensee: to sell12. percent
Mal liquors in original packages for consumption off the premises only.
0. "Off -sale brew pub 3.2 percent malt liquor" licenses may be issued only to a brewer
who holds a state. li.cense issued under Minn. Stat. § 340A;30..1, subd: 6, clause (d)
and a.city-issued on7sale3.2 percent malt liquor IiGense.for a restaurant operated in
the place of manufacture. The off -.sale brew pub malt liquor license authorizes the
off -sale of 3:2 percent malt liquor produced and packaged .on the premises. The
.license is subject to the rcquirements of this section and Minn. Stat. § 340A:30i,.
subd. 7(b):
6.4. "Off --sale small. brewer 3.2 percent malt liquor" licenses may beissued only to a
brcwer:wh:o..holds. a brewer license issued by the state. pursuant to Minn. Stat..§
340A.3.01, subd. 6, clause (c), (i) or 0). The:licenSC authorizes the brewer to. sell, at
off-sale,.3.2 percent malt liquor that.has bees, rolauced and packaged by the.brewer
atts licensed premises in.64-ounce.containe oot tmonly known as "growlers" or in
75.0.. milliliter bottles, The license. is subject4o the requirements. of this section and
Minn, .Stat. § 340A.30 1, subd. 6d,
6.5. "Temporary" L.icenses.:
a. :A'temporary. on -sale license fo .2 percent malt liquor:may,.be. issued to a club
or charitable;. religious or nonprofiYvrganszation subject to`tti x0llowing:
(1) submissia z;of°a c mpI ted a}ipl cation to the city clerk at least 60 days
..,,.
in advance oftlie eventfor Whicihhe.license is requested,
(2): submission. al evidence o insurance"vV?thxthe: same coverage.limits and
spr4'Yisigns as is `required fob;:"tt e5issuariCo;0f an "on -sale" or "off -sale"
ticerise';for an esfallishtrieiit with Sales of 3.2 percent malt liquor of
more perry.`eaj'
(3)`pbstinga£1;erforncond in the atnount of.SI,000.,p
(4. paymcrit of the f icerise fee speci Fled"sn the.current City of Gem Lake fee
(5) sul missioh'of aIist.of:responsible persons who may. be contacted in case
of any;emergeicy. Those persons: must be residents of the twin cities
metropolitan areaas defined by Minn. Stat. § 473.121, subd. 2.-At..least
one a tl e..listed person s.must be prewrit.on the.]icensed premises during
all li s, of sale:
4:61s-sion of other in formati on as may be required by die. city couneiI.
b.. The license may be issued Fora specified period of:time, not to exceed three
consecutive days, after a hearing on the shatter by the -city council. Notice. of the
lie aring must be published in the official newspaper at least ten: days. befo the
date of the hearing.
c.. The. license may be issued :for an event to take place on public property,
including in or.near any school. building.
q.6. Exemptions, Any person holding an on -sale intoxicating. liquor license.may sell 3.2
percent malt beverages at on -sale without obtaining a license tinder this section. Any
person holding an off sale intoxicating liquor license may sell 3.2 perecnt:.malt
beverages at off. -Sale without obtaining a license under -this section.
Section 7. Intoxicating Liquor.Licenses.
The eity council. may grant the following tYPes of intoxicating liquor licenses..
7j. "On -sale. intoxicating" licenses may be issued only to. hotels, clubs, and.
restaurants. A license may be issued to clubs and congressionally chartered veterans
organizations..if they have been .iri.existence for at.least three years and liquor sales
will only be to members and bon a.fide guests. .A,restaurantthat holds an on -sale
intoxicating liquorlicense may also operate unde`a caterer's permit issued by the
Minnesota commissioner of public safety.,.if..thAp ration is. in accordance with. state;
law. ;,-.-.-
7.2. ":On -sale wine" licenses may be. issued"to restabf.4htsfor the sale of wine not
exceeding 14 .percent alcohol by.volume. and for consumption on the licensed
preinises. only in conjunction witl fat sale of food. Anon=sale: wine :Iicense may only
.be issued to a restaurant that has sidating For at least 25 guest at one time.
7.3. "On -sale Wine Tasting Room" licehse�-Mall v6iiriitthe licensee'tderta e.in.on-sale.
of wine produced -by. tl$etwine making H66hsc=-fo>= consum tion.on Elie Premises of or
aljacent td one winery. lacafiifn oxvned b- tlewine maker -and shall be issued only to
facilities for _searing atleast 25.°ues_at_one tu�d_shaii-perm it_the _sale_of wine.
uti_to IX. by volumefor consumption%h_or wiih-6 t sale.of:good.
7.43. "On. -sale I ie vec Taproom" licenses rriaktb& issued only to the. hoIder of. a brewer's
license ss.fed by thes ate and irif ep dance �v'ith�TVlinn. Stat. § 34QA:26.
7.54. On -sale 6idw pub Ific'enses may'be: issued only to a brew pub in accordance with
,,;Flinn Stat. § 340424:':
G On-§alciiv.crodistslXciy cockfailrisom"'licenses may issued only to the holder of
7'
a lnicrodisM.er. Iicen $6 ssued by'ti c state of Minnesota and.in accordance with.
'Minn..Stat. §:3413A.22.
7.746 .on -sale culinary; class" license may be 'issued to a business. establishment that is:
no(oilierwise elig "`li<.for an an -sale intoxieating:liquor license and that, as pe of its.
business 'eonducts cblit). .. or cooking classes for which payment: is made by each
participant ar advance reservation required. The license authorizes the licensee to
furnish:to cac'h";ar ici ant.in each class,.at no.additional cost to the .artici ant, u to.
P; P P P P
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: Ai[ provisions
of city ordinance 1 that apply to on -sal e.intoxicating Iiquor licenses apply to Licenses
issued under this subdivision, except section I I and other provisions. inconsistent
with this subdivision.
7.F. "Off: sale intoxicating" licenses may be. issued only to exclusive liquor stores and
will permit"aft=sales of intoxicating liquor and 3.2 percent :malt liquor, As an
incident to these sales, ice and -soft drinks may also be sold..
Formatted: Font:.Not Bold
7.9. "0ff-sale wine" Iicenses may be issued For the:Sal 6 of wine in original packages_in
retail stores for consumption off or away From the nremises where said.
7.108. "Off -sale brew pub malt liquor" licenses may be. issued only to the holder of an on -
sale brew pub license, in accordance with Minn, 5tat. § 34QA.24. The off -sale brew
pub malt liquor license authorizes the off --sale of malt liquor produced and packaged
on the:premises.
7.119. "Off -:Me small brewer malt liquor" licemes maybe issued onlyto a brewer who
holds a brewer license.issued by the Minnesota commissioner of.publicsafety, in
accordance with Minn. Stat.: 340A:28. The Iicense:.authorizes the brewer to sell, at
'' ed b off -sale, malt liquorthat has been produced and.:liac�ag y the brewer at.its.licensed
premises in.64-ounce containers commonly.k i W. as "growlers'.' or in 750 milliliter.
bottles.
7.120. "Off -sale microdistiilery" .license rii ay be issued l niy to a microdistillery in
accordance with Minn. Stat..§ 340X_21' Tlie license authorizes the rtticrodistillery to
sell, at off -sale, one 375 .milliliter bottle .per customer,�;per day of product
manufactured on -site; subject to th6;regnirements of'§ 340A 22 •„
7.I31. A.]icense for "Sunda.„sales" at.on-sa7e^I ssued only to Ei'oieI or restaurant.
to which an "on -sale" license has been Issued; A license for Sunday sales at off -sale
may be issued only to a brewer tfiathoIds,ani5f£ sale brew pub malt liquor license or
liquor, wens or ri QfFsale wine license, and Sunday
an off -sale small brewer mai
off:sales may, ;only. be inadc`i et<veen``ihe hours af-:fOs00'.a.m. and €0:00 p.m. No
Sunday sales'licerise is needed�''far "nti=salevind.' or, "on -sale: wine tasting room'°
licensees?Except`ii<the case `''of."i=sale whir" licensees, no Sunday sales of
intoxicating,j, uor maybc made without a license for Sunday sales.
•`.cansuT ".6' i. ar dd gplay;permit~' ::nay be issued to an organization that complies
z Stat. 3d0A.4:14 and that has obtained a permit from
§' p
the commissioner o ,public safety:=; Nn business establishment or club that does not
Bold an vri=;ale; intoxrcStmg liquor".license may directly or indirectly allow. the.
E: ,.
;consumption antl display ;alcoholic beverages or knowingly serve any liquid for
I- e purpos6.of ti ixtng wAt intoxicating liquor in the city without first obtaining a
ne`ritfrom the city:
7.15�. "Temporary on. salc licenses" may be issued :only to (a) a club or charitable,
religious, 'o tithe ponprofit organization that has been in existence for at least three:
years or. (b) a`l rewer who manufactbrer fewer than 3,500 barreis of malt liquor in a
year, in connection with a social event sponsored by the organization holding the
temporary.Iicense. The.. licenses:are subjcot .to the same conditions listed in 6.5 except
that the .time period may not exceed four consecutive days. The insurance
requirements of Minnesota: Statutes. section .34QA.409, subdivisions l through. 3a,
apply to a.temporasy ticense issued to a brewer under this subdivision. The number
of temporary .licenses issued may not exceed the: number of temporary licenses
established by. state -law.
Formatte4:Font: Not Boid
7.164, "Temporary consumption and display permits" may, be.: issued for one day to.
nonprofit organizations in conjunction with social events sponsored by the
organization in. the city. No more than ten. temporary pertnits may be issued in one
year, The permits. are subject to the same conditions. listed in 6.5.
7.175. "Temporary off -sal e wine licenses" may be issued to allow for the. off sale' :of
vintage wine at an auction. The wine must be at least five years oldand of a brand
and vintage that is -.not commonly being offered for sale by any wholesaler in
Minnesota, No more than 600 cases of wine may be sold at any auction, and each
license may not exceed three consecutive days.
7.186.. Exemption: A person who holds. an on -sale. Wipe: license atid'an on -sale 3.2 percent
malt liquor license,. may sell intoxicating maltit quors at on-sale.with6tit an additional
on -sale license; <<
Section 8. License Application.
Every person desiring a liquor license. or perrxi ti udder this ordinance iftst,fi16 with the city clerk
a verified written application in the form. presc ,d. and approved by the�cn nmissioner of public
safety of the state of .Minnesota. .In addition toAvt- a information requiie&on the prescribed
Application form and information re uired by any otl ei bf ceror office of the kaYe of Minnesota,
.the application made to the city must anelude the.ifetns.=76ted below: A. person must not make a,
false statement or material omission'-in'La`license ap}ilica{ioii:. Any false. statement or material
omission is grounds: for.denyi.ng or revolting a.heense:
8.1. The true narti� Place acid dafe:of birth, sheet resideiire; address; and phone number.
41i
of the`applicant.
8.2.. The narrie Ujhe business if it is tale .conducted under a designation, name, or style:
other than tf e r ame o. ti a applicant`ani3 a certified copy of the certificate of assumed
Whether Elie applicant>is_the owncr%id operator of the business .and if not, who is.
83' Whetiaer the applicant h'asey.er used or been knoit n by a.name other than hisllter true
name; and if so, �vV& was tl eiiam . ornantes, and information.concerning.dates and
plaee;;whcre used:'
8.5. WhethU`,I ie.applic@it is married or single and, if married, giving all the information
about said`spouse as'is required about the. applicant by subdivisions 1 and 6 through
10. of .this sectlgrts
8.6. Street address at whichapplicant has lived during.the preceding -ten years.
8.7. Kind, name and location of every business or occupation appIicant has been engaged
in during the preceding ten .years.
8.8. Dames and Addresses'of applicants.employers and partners, if any; for the: preceding
tcn years.
8A Whether the applicant.or spouse has:e..ver been convicted of a violation of any state.
law or local ordinance, other than a non -alcohol related traffic offense. if so, .the
applicant must furnish 'information as .to .the time, :place and. offense for each
conviction. .
8.10. Whether the applicant has ever been engaged as an employce or in. operating a saloon,
hotel, restaurant, cafe,.tavern or other. business of a similar nature. If so, applicant
muSt. furnish information as to the place and length.of time.
8.1.1. Whether the applicant has ever been in military service. If: so, the applicant must;
upon request, exhibit all discharges.
8.12. Whether the applicant'is a natural person, corporation, partnership, limited liability
company, unincorporated association or other business entity.
8:11 If the applicant is other than a natural
or partners thereof,. giving all the h
partners as is required .about the .ai
section. This.subdivision.13 does no
traded on a stock exchange.. Thee
owners does not apply to persons>`
chi ldren,.affiliated trusts or parent or'
a 10 percent interds.r.in thq entity for. r
8.14. If the appikant.is other'thah'a
the information about said' jf
... I -through .11 of this sectiori'ariii
forth.the a#iiCi r,,'
8,15..If the applicant is other than a:
organized=�??d- a true 4cvpy of
n e-- e s .of the owners, stockholders
4tioh a. out said owners, stockholders or
fit by subdivisions I through 15 of this
y to.a corporation whose stock is publicly
lent to .provid&`,Qditional information. on
together with spbuses,.parents, siblings,
liary,w iness.organiz.gugns, own less. than
the'itifoi mation is requir��ito be.provided;
ierson' the. names) of its officers, .giving all
required ahoutthe applicant by. subdivisions
W copy .ofthe-minutes of the meeting setting
person;'ffiFkate in.which the applicant.was
tional documents applicable to. the form of
incorporation, articles of incorporation.,
anization: or certificate of assumed. riatne
The names v] tle.managtiror proprietor or other agent in charge of,or to he imcharge
bfthr premises°lobe licensed, giving all information about that. person as is required
.
kihe.case of an individual abo"Iican t.
8.17. The Mi5r,number 4iid street number where. the sale of alcoholic beverages is to be
conducfe .`mnd the ,- oms where. the beverages are to be: sold or consumed, An
-applicant for. ani h-sale' license must submit a fioor plan of the dining room; .or
dining rooms; w" h will be open. to the public, must shorn dimensions and must
indicate:the number of persons. intended to be served in each. o f the. rooms. Whenever
the. applicationfar an "on -sale" license .is for premises either planned or under
construction. or -undergoing. substantial alteration, the application. must be
accompanied by a set of the preliminary.plans showing the design of the proposed
premises to be: licensed. I€ the plans are on file with the department.of coninninity
development, :no further plans need to be filed;
:818. Information regarding the finaricial status of the applicant, including the amount of
the .investment that the applicant has . in the business; 1and, building, premises,.
fixtures, furniture; or stock in trade, and proof of the source of the money. The
applicant ,must submit.a certification that the -applicant is the. real party in interest,. is
financially solvent, and. has sufficient :capital to responsibly operate. the Iicensed
establishment. The certification must:be.on the city's approved formand issued by.an
independent, licensed or certified professional such as a lawyer or accountant,
S. A list of responsible natural persons, ineluding.the names of owners, managers. and
assistant managers. who may be notified or contacted by state or city employees in
case of emergency. The listed persons.must reside. within 75 miles of Gcm Lake city
hall;
9.20. For each manager and assistant manager withresji"orisibility:for service of liquor, the
following inforination.must be provided:
a. complete personal information ref ested on"th'.;pity's firm;
b. two sets of fingerprints and. 'driver's license- o- state -issued :photographic
identiticat ion .card; and
c:. such other information as the i
831. A business plan which:shall include
a.. hours of operatior`i':for`th — ice
days :of the week when lire;
al]owed;andlor proved;;
id
b. atip-Ihenu and `a lisfi
from the. menu -is: available
d:: descri'' tio.
offer on',,
be:provicii
e'• O- security
f.
sod premises, including:a listing of hours and
ntertainmen; dancing, or amplified music is,
M
g.of`tlour.each: day. .s of the week that food
.., ours
itawareness program training that the.applicant
+'Y
tainment, :if any,. that the applicant intends to:
on the premises the entertainment activity will
that describes: the security features,.. including personnel and.
the applicant will employ and how they will be utilized;
tow the applicant will maintain the orderly appearance and.
premises with respect to litter, graffiti and refuse control; and
g. 'a sound. and noise management pian.that describes the purpose and .location of
sound equipment and the hours arid.days of the week that amplified music will
be provided-
h. such.otherreap nable and pertinent informationas the.citycouncit may require.
An applicant :shall promptly notifythe licensingofficial,. in writing, of any
amendment to the submitted business plan.
8.22. 0ther.information which the director deems appropriate.
Section 9. Fees.
9.1. Every appIicantfor an "on -sale", "off -sale'? "on -sale winc", "on -sale culinary class",
or "Sunday sale" license or consumption and display permit must pay to the city the
investigation fee .specified in current City: of Gerd Lake fee schedule.. This :fee:will
be :for the purpose of conducting. a .prcliminary background investigation of the
applicant.. If.the council believes that the public.iinwrest so warrants, it may require:
a similar investigation at the time of renewal of any license. If an investigation is
ordered by the city council.at the time. of license renewal; the applicant must pay the
fee specified ahove; except that the fee will be the smaller of the stated dollar amount
or the. actual cost of the investigation. There witi;te no refund of the investigation
fee for any person after the investigation has l?egiin
9.2. The annual Fee fora liquor license will beds seC:faittlr,in the current City of Gem Lake
fee -schedule,
9.3. Each application for a Iicenso must;b',tfaccompanied.by'ppy.ment in full of the :fee:set
forth in the current City of Gem Ealte. fee schedule for the ]iquor.license. A.refund of
the amount paid pursuant to this provision will be, grantedon. y if die application is
withdrawn by the applicant or: if.the city mhcit�. i ies the applied}ion.
9.4. Each license, except. cohOftiption:and displagpermits, will expire on December 31st
of the year iri. which itis issued:_:Consumptior nand display. permits wiIL expire:.on
June 3.0 of each year; :Fees ':#or licenses issued ddhbg the: license year will be prorated
according tojhe, number of months'reihi ining iri #tie; year, For .this. purpose, an
uneapiredf ktibiWa month Will be c ranted as,a wtrole.month which has elapsed;
9.5. No refund'of any fee"'will be -mad c'e Crept as authorized by statute.
Section 16.
:Ilie`co`unc iimay alsb'require'posting a separate .surety bond or fetter of credit for the
purpose of complymg: with councit requirements .regarding screening, landscaping,:
Or other site. irrprover eiAs.. These.bonds must be. in an amount reasonably calculated
to ;assure eomp]iance with -'the. requirements of the city council and will be released
upon compliance witft thase'requiremems,
10.2. Opera bri of a licensed business without having on file with tlie. city.at lItirimes.
effective�secur'ity asYrequired in this section is a cause for .revocation or suspension
of the license >'
Section II. Financial Itespnnsibility:
11.1. Every application for a liquor license must be accompanled by evidence of adequate
financial responsibility for liability in a. form permitted by Minn.. Stat. § 340AA0%
subd. 1. Thisprovision does. not apply to. "on -sale culinary class" licenses and to
establishments exempt from financial responsibility requirements by Minn. Star.
340A.409, subd. 4.
11.2. A liability insurance policy must name. the: City bf Gern. Lake as an additional insured
and pro vide.forthe. foIlaw.ing minimum coverages:
a. $100,000 because of bodily injury to any one person in any one. occurrence,.
$200,000 because of bodily injury to two or more .persons in any one
occurrence, and $50,000 because d injury or destruction of property: of others.
in anyone. occurrence;
h. $100,000 :for loss of means of support of any one person in any one occurrence,.
and $200,000 for loss of means of support of two.:or more persons in any. one
occurrence; and
c. $501000 for.other pecuniary loss of any one person inany ohe occurrence, and
.l DQ,pQ4. for other pecuniary lass of two or more persons in. any one occurrence.
1.1.3. The liability policy must provide that it may notbe canceled for any cause either by
the insured.or the insurance company withouffz'rsk:giVing ten days notice .to the city
in writing❑f that intention. The olie. , i iV'st also=`rovide that an amount aid h .
p Y p Y p Y
the in suranc e: cc mpany as a result of.a claim will rl t:R-educe. the.coverage available
to pay subsequent claims. v:
11:4. A. person must not operate any 6 i,"s #ess or:conduct .any aciii fies:requiring a liquor.
license.from.the city without having`�riffect;.;areVidence un`ftle,with the city of,
the.financiai respansibil}ty required by fti sect a7i: The failure to't aVe.the financial
responsibility in' effect ar; on..file: will be g ounds far immediate:.revocatiort. or
suspension of a license. `?
Section 12. Application. Procedure.
12.1. Na liquor licerisef p%any kind;
police .depa m..ent l as coaducts
the applicoion, the ;:applicant
status. All applicants'rriustcooj
:i�aier'ial: anriissi�iziiz�de'Eiy.#lte
be girouni s for de 3y><ngor revol
lil,No license id"' :be. iissued_}tntii
ith the fallowing
femparary: iiceiises, may be issued until the
fi:
estigatiorisof the representations: set forth in.
d character, and the :applicant's financial
ith this investigation. Any false statementor
jt;during the course: of the investigation will
license.
the council has held public hearings in accordance
u : or 3.2:percerrC;mall Iiquor licenses, one public.headng must beheld before the
council of :least ten days. after ndficc of :tlie time and place has been
pnli shed .in ?official newspaper.
b...For intdXiraiing liquor licenses and consumption'. and display permits, two
public heaiings.will be held at least 2.7 days apart. Notice of the hearings. will
be done in the same manner as that specilied.ia.ordinance 9.1,.section 2.3.
C. For temporary licenses, the public hearing will be held in accordance with
section 6.5
d.. At the public hearings; al persons interested. in the matter wiII be heard, and the.
hearings maybe. adjourned from time to time. No hearing is required. for a
renewal of a license, but the council may at im opt ion,. hold a hearing.
12.3. The citycouncii may issue a license before an investigation, notice and public hearing
for..
a. an applicant who:
(1) had a liquor license within the previous five years Far the .e stab I ishme nt
that is specified in the applicatlbn:and that is continuir►g to operate tinder
a liquor license,
(2) .wishes to msu.me operation of the .business without sufficient time;
through no .fault of his/her own, to meet the normal procedural
requirements;
(3) had no liquor license ordinance vi'alation convictions, suspensions or
revocations during. the.:prionIid&ftsed.geriod; and
(4) otherwise qualifies and:ri eels themuir6hgts for a license.
b. an 'existing establishment tliitswas covered by a.lir(;ar;liccnse issued for the
current year and that accepts'.reservations for. private parties,in separate banquet
rooms, as long as the interim IYq for licensg allows sales-agly to guests at the
private parties: z'
In these: situations; ihe. city_cvi ncil:. may imri �iately issuean interim.license to the
applicant for .a period. no`'ionger,S at 90 days;;=but the applicant: must proceed
r,.
immediately, through the specified requirements `for�an 'investigation, notice, and
public hearing;, r- ,thepublic:nearing..,4ie: caunciI will' decide: whether the license
should. cvrifiiriue in effector be i"e Oked-Tlie applicant will be treated -as an applicant
for a new liaettse andi3+ill receive iiopreferetice because of the interim license.
Ater investigation aricltearang,.ihe:eotzneil may, at its discretion, grant or deny the
application. Ead applicatFonegttiresye affitinative votes by the`city council for
appraVal`n`Na., "on=salt; wine" license;;,."aff-sale intoxicating" license, club "on -sale
intoxicaFtng�;.license,"onconsumptiai'and displaypermit may become effective until
J.r together rvitls'>the secu ity�furnished by the applicant,. has been: approved by the
'commissioner ❑f' `ublic.safciy: Within ten days.of issuing an "on -sale intoxicating"
,.
liceis"sc_or an off -sale or:on-sale 3.2 percent rmalt'liquor.license, the city mustwbmit:
to the`atrimissioner Uf public safety the full name.and address of each 'person granted
a Iicense Ae effective date of the license, and.the..name under which the Iicensee will
conduct tb&bWiness.
12.5.. An appIicatiori far a liquor license may be considered by the city council at the -same
time.an applicant: is requesting any land use approv als. needed for the site, including
site.p]an reviewrezoning; or an amendment to the. comprehensive guide.plan. Final
approval of a:Iiquor license tray not begranted until the: city council has. given at
least preliminaryapproval to any nedessary land use request.
12.6..A. liquor license a. privilege,. not. a. right. Even if a person meets the minimum
requirements for: a license, the city council. is not obIigated to grant the license. The
city council has broad disdretion to decide.if; whcre;:and how ;liquor is. sold. The city
council may limit. the number of licenses,when in its..judgment, the welfare of [he
city suggests.:such. action, The. city council may develop criteria for evaluating a
Iicense application.
12.7.. The city council may impose reasonable conditions on any license, issued. or renewed
under this section in order to promote public health,. safety, and welfare. The
conditions may include. rep Iations.of such things as the iypc ofprod uct sold, type of
establishment,.. hours of operation, and relationship or proximity to other uses.
Section 13. Licens.e. Term, Renewal.
Except as otherwise.provided,:each license wi11.expire on December 31stof the year in which it: is
issued. The application for the renewal. of an existing Iicense�nps�be made at:least 60 days before
the date: of theexpiration of the license and. must be made. on, - form which the. city. provides..
Section 14. Temporary Amendments to. Liquor
14.1. After a.pubiic hearing field at least test
within 400 feet of the licensed prei'i:
amendment to. an existing an-s.ale v,.i?
license .to allow .the sale. of liquor'in
Council determines in its sale di scretic
A. the area to be usea,"'lst be. Imm
b, the area will be used`in coiine66
.in duration:
iys after mail&dgotice to all property owners
the. city councii;tiay approve a temporary
e wine, or Sunday Art; sale: intoxicating liquor
n .area gutside . the licensed premises if the
t}iat:the`alawii�g.eriteria are met:
iatclyadjacent to the licensed premises;
with a special event no longer than two days
c. no ; idre'.than :three temporary: arr cn intiits,. per year will bc. allowed for a
Y:-
1 66nsee at ore; ;establish6ti , "A special' license issued to a non-profit
vrgaru ation wHiCfi contracts ryi#lr the.licensee for provision of service will be
counted as,part:dithis.,total
R: r irate measures will'lae-tak" control access to the additional area; to
ensure:that. a[calolic beveragbs` are.% not sold to minors and are not. carried
outside'60he licensed premises and the additional area;
adequate: measures wilibe taken to ensure that there will .be no violation of the
city noise ordinance;
f. tf 6,'I ise of ti a additional area will not decrease available parking below that
regr ired:by' e zoning ord.inance:for the licensed premises;
g. the use df'ihe additional area will. not unreasonably impede traffic circulation;
h. the licensee has obtained adequate liability insurance for the additional area;
and
i. the issuance. of tlic temporary amendment would not be adverse.tothe. public
lrealth,.safety and welfare.
14.2. To obtain a temporary .amendment; the licensee: must submit an application
accompanied by:
a. a diagram, showing the. expanded area.to be used;
h. a detaiied description of the special event for whichthe area will be used;
c. a, detailed description of the security measures to be used;
d. evidence that the Iicensee:has liability insurance to. cover the additional area;
e. evidence.that tlie. licensee has the right to use the additional area; and
f. the fee specified.in the current City of Gem. Lake fee schedule.
Section.-15. License Restrictions.
15.1. Generally. Every license is subjectto the conditions in the fallowingparagraphs, aiI
other provisions of this. ordinance, and of any"otfier.gplicable regulations, ordinance
or state law..
15.2. Maintenance of Peace. Every licenset -is..responsible focrihe conduct of his or her
.place of business and the condiiiRiis of sobriety and or&.hr jn I The act of any
employee of the .licensed premiseS�aM orized to .sell intoxiciiting liquor there .is
deemed the act of the: licenseeas well ;and thg licensee is IiQe for all penalties
provided by thisordinan- a equaliy withal eri pioyee, except criminal penalties.
15.3. Display of License.. EV6rY`Aicense to self
consumption and display iiitist be'pnsted in a
Which it is used.,
15.4..Inspectioiis>1 very`liCensee must How., n
des ignaf erl,?officer
of the licensee: at r
beverages. and permit for
is place in.the premises for
icer, .health officer, or properly
nspect and search .the premises
a warrant.
nps:No licensee may possess a federal wholesale liquor
•
Or a federalgambling stamp.
Consumption in Prei ises. A person must not consume any intoxicating .or 3.2
r`.
percent malt liquor on `aiiy, licensed premises more than 30 minutes following the
fii e.:established 1*.'Jaw far�'Cessation of the sale of.liquor, No Person, except an
employee of the. lice�psed establishment; may remain on the premiscs or site more
than .3Q minutes.. Oli7wing: the time established .by law for cessation of the: sale of
liquor..
15.7.. Death of Licensee: in the event of the death of a.persan holding a. license, the persona[
representative of that:person is allowed to continue to operate the business within the
.terms .of the.11emse for a.period not to. exceed 90 days after the death of the licensee.
15.8. Changes to:Premises. Persons holding "on - sal e" licenses, in. add ition.to being subject
to the: iequirements of city ordinance 1..11, section 18,.mustreport any internal change
to the licensed premises which materially enlarges, expands, reconfigures, or alters
the size of the area connected with the. consumption of Ilquor or the type of service
offered by the establishment, before the beginning of the work. The report must be
made to the city clerk for. review by:.the city couneil and may result in altering the
terms under which the. license is granted. No work. may be done nor city permits
issued -for the work until the change is approved.by the city council. Each day.the
Iicensee operates under the license after beginning construction of the. changes and
before :obtaining city council approval c.ons[it4tes a separate violation . of this
ordinance, resulting in;a.mandatory minimum civil penalty of $1.00,00 per day,
15.9. Gambling. A licensee must not keep, possess,..or operate or permit the. keeping,
possession or operation of, on the licensed premises or in. any room adjoining the
licensed prerniscs, any slot. machine; dice or any gambling device. or apparatus, nor
permit any gambling :.therein. A licensee must not permit the licensed premises. or
any portion of it, or any adjoining building direcilyYar indirectly under its control, to
be: used for any iIlegal-purpose. Natwithstandirig the abQve;.,gambling licensed and.
permitted by the Minnesota.charitable gamb.,lit g board is allowed in connection with
temporary Iicenses.and: events, and sales spansorea by the Minnesota. state lottery
My be. made.at any licensed establishii%nt a'
M.N. Hours and Days. A Icensee riuus not sell or permit tl b; ansumption of alcoholic
beverages except incompliance. w( the flours and days.estal fished in.Minn. Stat. §
340A.504.
18J L Consumption Outs ide;%Licensed Premises:: -A person must ylaw possess open:
containers of alcoholic l ever4ges, or con su nr alcoholic beverages on the: premises
under the licensee's conirol.ai tsi-& of the licensed structure or in any area. of the
licensed premises that Av not designated for these activities in the license
application.;
15.12, Health" 'i'lFood Regulations � aCI `on-sale'-*i.:"on-sale' wine" license has the
continuing obligatiort,f comply«i#ii all state and local. health and food -handling
regulations."�=At-:the,tim't of applicat'san for any new or .renewed Iicense, the city
_ aunril:... may "re. iew; ttie establislirr ent s health and .food -handling inspection
results'i IA,add itioi `[o other remedies Mat it .may have available,. the council may
z place the license of wine" licensee on probationary status
up to one year. when' in8pections reveal the establishment has not achieved passing
>;scares. DUri; ng"t&i 'probationaty period, the licensee must take such action 'as.may be
rcquired'to. achieve passing .;kores, will be subject to subsequent. inspections for
compliance;. and �villbe subjectto other conditions which the council may impose.
15,13. Sale. of ood. E.664ice nsee..has'th0 continuirig .obligation to have at Ieast 50 percent:
of gross.receipts;from the establishment attributable to the sale of food during the
license term. This subdivision applies only to HcenseesbDIding licenses issued under
sections:6.1,.7.1.. or. 7.2.of this ordinance.
a.. For the .purpose of this requirement; ".establishment" includes the food and
beverage portion of a multi -service establishment. Financial records for the.
food andbeverage portion must be maintained.separately from the records of
the remainder of the establishment.
h. Forthe purpose of this: section, "sale of food" includes gross receipts.
attributable to the sale of food iterns; soft -drinks and nonalcoholic:bev.erages. It
does not .includc.any. portion of gross receipts attributableto the nonalcoholic
components of plainor mixed.alcoholic beverages, such as ice, soft=drink.mixes
or othermixes,
c. The council may.req#e the production of such documents:.or infori nation,.
including but not limited to books, records, audited financial statements dr. pro
forma financial statements as. it deems. necessary or convenient to enforce these.
provisions. The council may also 'obtain its 'own audit or review of such
documents or information, and all licensees must cooperate:with.such a review,
including prompt production of requested records.
d. In addition to other remedies that it mayhay6-�availab le, the council may pIace
the license of any "on -sale" or "on -sale: -,.Wine. . licensee on probationary status
for up to one. year, when the. sale ofrfood is reported, or found to be, less than
50. percent. of gross receipts for?any 'Yiusmess�_ycar. During. the probationary
period; the licensee must prepare'"any .plans aMFreports, participate in. any
required meetings, and take,pil er action that the coiinciI:-may require:.to increase
the. sale of food.
15.14. Changes in Required lnforination:�zEach .ligensee has the"rbin�inuing duty to
promptly the city -,clerk of any change ii�tl e:information. or facts required to be
furnished an the application;fai a:licensc% '1'[iis duty continues throughout the period
of the license and. failure i6cor41,y-, yxth this section constitutes cause for revocation
or suspens ion :of the licenser;
.15.15. Change m. anagers. For each newmat ages or. assis&tit manager employed after
the IicetAdli issued sa licensee must;nake the 611f of employment contingent upon
the eity's`aoproval..Ekh licensee'must.notify the city clerk within ten days.. after any
new manage mr assistant, manage ^begins employment. This notification must
„f
-:'::i66Wde..the in ori1tation'required in. section .8.20..Failure to provide complete and
<.ttmcly�riivrmatibri ti3n1.1.suhjecYtlie }cerisee to the penalties.pravided in this Ordinance cau ^'l and.to pote'rital denial:<D£;a renewed`Irdcnse.. The director may use an investigation
>vf the .ne�V miiagers aiid;;znay disapprove the employment of these personnel .by
notice to the .licensee .in writing. The licensee. may appeal this.decision to..the city
council by .placiiga reques'`in writing to the city clerk within ten .days after the
issue ce.;.of the notice: A failure to. request an appeal waives the Iicensee's.abiIity to
cantesti the director's_deeision. Afterthe appeal period has expired without an appeal,
or the cif POuncil Ms upheld the director's decision upon an appeal, no manager who
has been di may operate in that capacity upon the licensed premises:
15.16. Transfer of License.
a. Generally. Each license is issued only to .the applicant and for the: specific.
location on the premises. that.is described in the :appIication and that is..approved
.by the city council, No license may be. transferred to another person or place
without application to the councilin the same manner: as. an application for: a.
new. license.
b...Corporation s. and other. organizations. Transfer. of 25..percent or more gf the.
ownership interest in a corporation or other organization or of a..controlling.
interest thereof, whichever is less, .is deemed a'transfer ❑f the .Iicense of a
business organization licensee, except for a c orporation whose stock is publicly
traded on a stock exchange or which is wholly owned by a corporation whose
stock is pub] i c ly traded on a stock exchange: If a cotrip leteappiicatibit for. a.new
license is submitted to.:tlte city within 20 days after the. transfer of corporate
ownership takes place, a corporate licensee may continue to operate under the
current Iicense, but only while the new. Iicense; appIication is pending. Each day
a licensee operates under the licenseafter a;transfer has taken place without.
cornplyingwith. this is a separate. violati%n -,
15A.1 Outdoor seating.area.Each outdoor seatit} ti ea_tliatis part of.the iicensed.premises.
must be .surrounded by a physical harrirk13a# prevents access to the area except:
through the licensed building., -
vxT
Section .16. Prohibitions.
16 L No sale of Iiquor may occor in corn Mi.on with.an +:athleticorsporting event,.musical
concert, or similar event, unless spe ifcallyr al16iwed by tli N8'tty council, This.
prohibition.applics. cgttally, to sales of ligz ...3er licenses issuedby the city and
under permits issued by tlxe`Sffite;of Minnests=;
16.2. The hoider of a -permit issued:,by flue state of N1tii aesota may notsell or serve -liquor
.outside of an -:enclosed building witliWiu the.:speci'e advance approval of the city
Section 17. Minors 5'64<0ther Prbbihited Pcrsnns.
17A. A person mu not .�Seil D-eye harter , furnish, deliver or dispose of in any manner,
:eifl ei directly vr:iiiifizectly any.;liquorim,any quantity; For any purpose to.a.minor, or
r •:: .
to an intoxicated pezn. The' an order in a licensed establishment has
the responsibility %r''determining if�tlie.person.piacing the order is prohibited from.
receiving Iigiiar;undr`tl eis,paragraph, If liquor is provided in violation of this.
'paragraph, the. person wh6`6kes an order from a prohibited .person. and does. not
refise,service to the prohibited person is guilty of a misdemeanor; whether or not the
per"Raking the order actually delivered the liquor.
17.2. A mmor'inilst: nd'Vd'hter any. premises licensed for. the retail sale bf Iiquor for the
purpose of p irz hasmg,.,or having served or delivered to him/her. any liquor or to.
consume any liquor, .purchase or attempt to purchase or have another purchase -for
him/ her, any intoxicating liquor.
17.3. A .person must not misrepresent or mistake:..his/her age or identity, or theage or
identity of any other person for the.purposo of inducing any licensee or any employee.
of any. Iicensee; to sell; serve: or deliver any liquor to a minor.
I7.4. A minor must not have in his/her possession any liquor; with intent to consume the
same at a place other than the.household of his/her parent .or guardian; Possession of
1iquor.at a place other than the househo..l0 of the minor's parent or guardian is prima
facie evidence of intent to consume the sane at a place other than the household of
hisfher parent or guardian.
17.5. No person under the.age of 18 shall sell or serve. alcoholic beverages in any: licensed
premises.
Section 1$. Suspensions. and Revocations.
The council may either suspend for up to 60. days or revoke any liquor license or. Impose a civil
tine not to exceed $2,0.00.00 for each violation, or any combination of these sanctions, upon a
finding that the licensee or an agent or employee of the licensce has failed to comply with any
applicable statute; regulation or ordinance.reIating to alcoholicl?everages. or the operation o£ the
licensed establishment, or failed to comply with a lawful license condition imposed by the city or
agreed to by the Iicensee. No suspension or revocationFvyi3l<tilceeffect until the. Iicensee has been
afforded aii opportunity for a hearing pursuant to Minn ?Stet. §§ 14.57 to Y4.70.
Section 19. Penalty."
Except as otherwise provided by state. law, a jiei`son'violating a.provis:6&bf this ordinance shall
be guilty of a misdemeanor, and upon convictipu shall be punished by a fne,of not: more than
$700.00 or imorisonnient in the county jail for not more .Flian;nmety (90) days. or both, plus the
costs of prosecution. in either ease.. A.ii ie.or sentence 'T'p" a will no..t affect. tli'e'iight.gf the city
to suspend or revoke the license: of tlieiceisee.as the eouricildeems appropriate,
Section 20. Enactment,
This -Ordinance No. 9 )vss',alaced, in full foci e. and .effect,gt ..I7 •December 1963 by a unanimauS..
vote of the City.CourcilaFthe'Cty of Gem ialce:
"CITY OF GEM LAKE
QRl].INANCE "9 LEGEND
The ardriar►ce..liceiisng;.and^`regulating. the``sa1e:•.ancl consumption of intoxicating liquor and
providing a,penaltyfor violation was`originaliyenacted by the City -Council as Ordinance Number
9 on:17 December 1963. Since.=that time; 'the City Council has made amendments to.the.0rdinance.
in keeping'.w h,;;changes in S(.Me law "and: the wishes of the community. The :following table
indicates the oriOM ordinance the said amendments.
.ORDINANCE
DESCIiIPTION"
ENACTMENT
9
An.ordirnalicensing and re lating the. sale of liquor.
12/17/19.63
52
An ordinance amending Ord inanceNo, 9, changi ng: the:
11/20/1989
Requiremchts:for.Liquor License Appl[cation:and.Changing:the
Annual. Feesfor. Liquor Licenses
94
An`ordinanceeablj6hitgdufwand.r0ocation
211M0090
ofalvcty;licenses aa::amA' J 0rd:'No'-
iiisertirig new. sce, ons.2 3 (W' i me licenses). ap.A 2;4:.(Sunay: sates
Licenses)? renumbering off sale provisionas 23 b) deleting
Section 4:3 *fii&s' et:fees In,favorof reference ::tv:annuaFfee
scnk new; Section.S.ire 6irinz-vayment.of