HomeMy WebLinkAboutOrdinance 965ORDINANCE NO. 965
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY OODE
OF 1977, PROVIDING FOR ISSUANCE OF ON-SALE WINE LICENSES
AND PROVIDING FOR THE REGULATION THEREOF.
The City Council of the City of Columbia Heights does ordain:
Section 1:
Section 5.504 of Ordinance No. 853, City Code of 1977,
passed June 21, 1977, which is currently reserved, is
herewith amended to read as follows, to-wit:
5.504(1)
No person except wholesalers or manufacturers to the extent
authorized under state license shall sell or offer for sale
any wine without first having received an on-sale wine license
issued pursuant to the provisions of this chapter, or an
intoxicating liquor license issued pursuant to this chapter.
5.504(2) Definitions shall be as follows:
a)
"Intoxicating liquor" and "liquor, means ethyl alcohol,
distilled, fermented, spiritous, vinous, and malt
beverages containing in excess of 3.2% of alcohol by
weight.
b)
"Sale" and "sell" and "sold" means all barters for pecu-
niary gain, or all manner and means of furnishing wine
in violation or evasion of law.
c)
"Off-sale" means the sale of wine in original packages
in retail stores for consumption off or away from the
premises where sold.
d)
e)
"On-sale" means the sale of wine for consumption on the
premises only.
"Package" or "original package" means any container or
receptacle holding liquor, which container or receptacle
is corked or sealed.
f)
"Minor" is a person less than nineteen (19) years of
age.
g)
"Hotel" shall be defined as provided in Section
5.503(1)(f).
h)
"Interest" shall be defined as provided in Section
5.503(1)(i).
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i)
The term, "on-sale wine license", means a license
authorizing the sale of wine and non-intoxicating malt
liquor for consumption on the licensed premises only in
conjunction with the sale of food.
J)
The term, "restaurant", when used in connection with
"on-sale wine licenses" means an establishment, other
than a hotel, under the control of a single proprietor
or manager, having appropriate facilities for and the
primary purpose of the serving of meals prepared on the
licensed premises, and where, in consideration of
payment therefor, meals are regularly served at tables
to the general public, and which employs an adequate
staff to provide the usual and suitable service to its
guests. Such establishment shall have facilities for
seating not less than 75 guests at one time.
At least eighty percent (80%) of the annual gross
receipts of the establishment must result from the sale
of food.
Such establishment shall not have a facility, the pri-
mary purpose of which is the selling and serving of non-
intoxicating malt liquor or wine, where persons purchase
or consume or are served non-intoxicating malt liquor or
wine at an elevated counter, commonly known as a bar.
k)
"Wine" means a beverage containing not more than four-
teen percent (14%) of alcohol by volume and made by the
fermentation of grapes, grape Juice, other fruits or
honey.
5.504(3)
Every application for a license shall be verified and filed
with the City Clerk. No license may be issued unless at the
time of application the applicant shall have paid an investi-
gation fee as the Council shall set by resolution. In the
absence of any resolution, the fee shall be $250.00. The
Council may waive a portion of the fee upon a finding that
the application for a license is caused by a mere corporate
reorganization with none of the owners of five-or-more per-
.cent interest holders changing. Provided, however, that such
investigation fee shall be required because of a change in
the ownership or control of a licensed corporation or because
a person not previously listed in the original application
shall seek to acquire or shall have acquired an interest of
five percent or more of the ownership of the corporation. No
investigation fee shall be charged simply because of the
incorporation of an existing licensee without change of
ownership, control and interest in the premises or license.
At any time that an additional investigation is required
because of an alteration, enlargement, or extension of premi-
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ses previously licensed or a transfer from place to place,
the licensee shall pay an additional investigation fee of
$100.00.
Should the City Council find that an investigation is
required outside the State of Minnesota, the Council ~ay
require an investigation fee of up to $2,000.00 or such
lesser sum as the Council may set by resolution. Upon
completion of the investigation, the amount of such fee for
an outside-the-state investigation not actually expended,
including staff costs, shall be refunded to the applicant.
5.504(4)
In addition to the information which may be required by the
State Liquor Control Commissioner's form, the on-sale wine
license application shall contain the information as provided
in Section 5.503(4).
5.504(5) All on-sale wine license applications shall be referred to
the Chief of Police for an investigation of whether the
applicant has any criminal record, and a report thereon, and
to such other City departments as the City Manager shall
direct for verification and investigation of the facts set
forth in the application. The application shall also be
referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for a report indicating whether said prem-
ises are in compliance with applicable ordinances and regula-
tions. A public hearing shall then be held before the
Council, at which time the application for a license shall be
considered.
5.504(6)
The Council may accept or reject the license application in
its discretion upon completion of the public hearing, subject
to the following criteria:
a)
No license shall be issued to any person under nineteen
(19) years of age.
b)
No license shall be issued to any applicant who does not
have a primary possessory property interest in the pre-
mises or location for the sale of wine.
c)
No license shall be issued to any person convicted of a
violation of any law directly related to the sale,
possession, manufacture or transportation of liquor,
beer or wine, subject to the provisions of Minnesota
Statutes Chapter 364.
d)
No license shall be issued to any corporation or part-
nership unless each shareholder and partner therein
would be individually eligible and qualified for said
license.
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e)
No license shall be issued to any applicant for the sale
of wine on any premises also occupied by a previous
licensee who was convicted of a violation of this
chapter or where a license has been revoked by the
Council within the last six months.
f)
No license shall be issued to any wine or beer manufac-
turer,
g)
No license shall be granted for any hotel or restaurant
building, the nearest point of which building structure
is within 200 feet of the center of the main or front
door of a church measured in a straight line. A church
shall have only one main or front door for the purposes
of this subdivision. The erection of a church within a
prohibited area or a change of location of a main or
front door, after an original application has been
granted, shall not, in and of itself, render such premi-
ses ineligible for renewal of the license; and no
license shall be granted for any hotel or restaurant
building, the nearest point of which measured in a
straight line, is within 300 feet of a school building.
h)
Licenses shall only be issued to qualified corporations
or organizations, or to United States citizens who are
residents of the State of Minnesota.
i)
No license shall be issued to any person who is not of
good moral character and repute.
J)
No license shall be issued to any person who is also the
owner and holder of a federal retail liquor dealers spe-
cial tax stamp for the sale of intoxicating liquor at
any place unless there has also been issued to such per-
son a license to sell intoxicating liquor pursuant to
the laws of Minnesota.
k)
No license shall be issued to any applicant which owns
an interest in more than one establishment or business
within the City of Columbia Heights for which an on-sale
wine license has been issued.
1)
No license shall be issued for premises other than a
hotel or restaurant.
5.504(7)
Application for the renewal of an existing on-sale wine
license shall be made at least 60 days prior to the date of
the expiration of the license. If, in the Judgment of the
City Council, good and sufficient cause is shown by an appli-
cant for his failure to file for a renewal within the time
provided, the City Council may, if the other provisions of
this ordinance are complied with, grant the application.
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5
At the earliest practicable time after application is made
for a renewal of an on-sale licerme, and in any event prior
to the time that the application is considered by the City
Council, the applicant shall file with the City Clerk a sta-
tement prepared by a certified public accountant that shows
the total gross sales and the total food sales of the
restaurant for the twelve-month period immediately preceding
the date for filing renewal applications. A foreign cor-
poration shall file a current Certificate of Authority.
If the application is by a natural person, it shall be signed
and sworn to by such person; if by a corporation, by an
officer thereof; if by a partnership, by one of the partners;
if by an unincorporated association, by the manager or
managing officer thereof. If the applicant is a partnership,
the application, license and bond (or insurance policy) shall
be made and issued in the name of all partners.
On-sale wine license fees shall be as follows:
a)
The initial license fee shall be paid in full before the
application for a license is accepted. Renewal license
fees shall be paid in full by December 20 preceding each
calendar year. All fees shall be paid into the general
fund of the City. All licenses shall expire on the last
day of December of each year. Upon rejection of any
application for a license, or upon withdrawal of appli-
cation before approval of the issuance by the City
Council, the license fee shall be refunded to the appli-
cant.
b)
The fee for an on-sale license granted after the commen-
cement of the license year shall be prorated on a daily
basis.
c)
When the license is for premises where the building is
not ready for occupancy, the time fixed for computation
of the license fee for the initial license period shall
be 90 days after approval of the license by the City
Council or upon the date the building is ready for occu-
pancy, whichever is sooner.
d)
No transfer of a license shall be permitted from place
to place or person to person without complying with the
requirements of an original application.
e)
No part of the fee paid for any license issued under
this ordinance shall be refunded as a result of the
suspension or revocation of a license under this ordi-
nance. The City Council may in its Judgment refund a
pro rata portion of the fee paid for the unexpired por-
tion of a license fee, when operation of the licensed
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business ceases not less than one month before the
expiration of the license because of:
(i)
(ii)
Destruction or damage of the Licensed premises
by fire or other catastrophe.
The licensee's illness.
(iii) The licensee' s death.
(iv)
A change in the legal status of the municipal-
ity making it unlawful for a licensed business
to continue.
f)
Where a new application is filed as a result of incor-
poration by an existing licensee and the ownership
control and interest in the license are unchanged, no
additional license fee will be required.
g)
The annual license fee shall be set by resolution of
the Council. In the absence of a resolution, the annual
license fee shall be $2,000.00.
5.504(10) On-sale wine licenses granted pursuant to the provisions of
this chapter shall be subject to the following conditions:
a)
Every license shall be granted subject to the conditions
of the following subdivisions and all other subdivisions
of this ordinance and of any other applicable ordinance
of the City or State law.
b)
The license shall be posted in a conspicuous place in
the licensed establishment at all times.
c)
d)
e)
Any police officer, building inspector, or any employee
so designated by the City Hanager, shall have the
unqualified right to enter, inspect, and search the
licensed premises without a warrant during normal busi-
ness hours and two hours thereafter if persons are
observed upon the licensed premises.
Every licensee shall be responsible for the conduct of
his place of business and the conditions of sobriety and
order in the place of business and on the premises.
No on-sale licensee shall sell wine off-sale.
f)
No license shall be effective beyond the space named in
the license for which it was granted.
g)
No wine shall be sold or furnished or delivered to any
intoxicated person, to any habitual drunkard, to any
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person under 19 years of age, or to any person to ~hom
sale is prohibited by state law.
h)
No person under 19 years of age shall serve wine in any
rooms constituting the place in which wine is sold at
retail on sale. No person under 18 years of age shall
be employed la any rooms constituting the place in which
wine is sold at retail "on-sale', except that persons
under 18 years of age may be employed as musicians or to
perform the duties of a busboy or dishwashing services
in places defined as a restaurant or hotel or motel
serving food in rooms in which wine is sold at retail
"0 rt-- S &le",
i)
No licensee shall sell, offer for sale, or keep for
sale, wine from any original package which has been
refilled or partly refilled. No licensee shall directly
or through any other person delete or in any manner
tamper with the contents of any original package so as
to change its composition or alcoholic content while in
the original package. Possession on the premises by the
licensee of any wine in the original package differing
in composition or alcoholic content in the liquor when
received from the manufacturer or wholesaler from whom
it was purchased, shall be prima facie evidence that the
contents of the original package have been diluted,
changed or tampered with.
J)
No licensee or person employed on the licensed premises
shall apply for or possess a Federal Wholesale Liquor
Dealer's special tax stamp or a federal gambling stamp.
k)
No licensee shall keep ethyl alcohol or neutral spirits
on the licensed premises or permit their use on the prem-
ises as a beverage or mixed with a beverage except for
beverages licensed hereunder.
l)
The business records of the licensee, including federal
and state tax returns, shall be available for inspection
by the City Manager, or other duly authorized represen-
tative of the City at all reasonable times.
m)
No licensee shall knowingly permit the licensed premises
or any room in those premises or any adjoining building
directly or indirectly under his control to be used as a
resort for prostitutes.
No licensee shall keep, possess, or operate or permit
the keeping, possession, or operation of any slot
machine, dice, or any gambling device or apparatus on
the licensed premises; and he shall not permit any
gambling therein,
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o)
A licensed restaurant shall be conducted in such a
manner that eighty percent (80%) or more of the annual
gross receipts for a licensee year is attributable to or
derived from the serving of foods. A hotel shall be
conducted in such a manner that, of that pert of the
total annual gross receipts attributable to or derived
from the serving of foods and wine, eighty percent
or more of the annual gross receipts for a license year
is %he serving of foods.
5.504(11) No sale of wine shall be made after one a.m. on Sunday, nor
until eight a.m. on Monday, nor between the hours of one a.m.
and eight p.m. on the day of any statewide election. No
sale shall be made between the hours of one a.m. and eight
a.m. on any weekday.
No licensee shall permit the consumption of wine upon the
licensed premises after 1:30 a.m. on Sunday, nor until 8:00
a.m. on Monday, nor between the hours of 1:30 a.m. and 8:00
p.m. on the day of any statewide election, nor between the
hours of 1:30 a.m. and 8:00 a.m. on any weekday.
5.504(12) No sale of wine shall be made to or in guest rooms of hotels
unless the rules of such hotel provide for the service of
meals in guest rooms or unless the sale of such wine is made
in the manner on sales are required to be made or unless such
sale accompanies and is incidental to the regular service of
meals to guests therein or unless the rules of such hotel and
the description, location, and number of such guest rooms are
fully set out in the application for a license.
5.504(13) Restrictions on purchase and consumption are as follows:
a)
No licensee, his agent, or employee shall serve or
dispense upon the licensed premises wine to any person
under the age of 19 years; nor shall such licensee, his
agent, or employee permit any person under the age of 19
years to be furnished or consume wine on the licensed
premises; nor shall such licensee, his agent, or
employee permit any person under the age of 19 years to
be delivered any wine.
b)
No person under 19 years of age shall misrepresent his
age for the purpose of obtaining wine nor shall he enter
any premises licensed for the retail on-sale of wine for
the purpose of purchasing or having served or delivered
to him for consuming any such wine nor shall any such
person purchase, attempt to purchase, consume, or have
another person purchase for him any wine.
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c)
No person under 19 years of age shall receive delivery
of wine.
d)
No person shall induce a person under the age of 19
years to purchase or procure or obtain wine.
e>
Proof of age for purposes of consuming, purchasing, or
possessing wine, the consumption, sale, or possession
of which is regulated by age may only be established by
a valid driver license or a current nonqualification
certificate issued pursuant to Minnesota Statutes,
Section 171.07.
f)
No person shall give, sell, procure, or purchase wine to
or for any person to whom the sale of wine is forbidden
by law.
g)
No person shall mix or prepare wine for consumption or
consume in any public place not licensed in accordance
with the ordinances of the City of Columbia Heights and
State of Minnesota.
5.504(14) An applicant for an on-sale wine license shall file with the
City Clerk a bond with corporate surety, or a liability
insurance policy or, in lieu thereof, cash or United States
government bonds in a sum set by resolution of the Council,
which bond shall be approved by the Council. In the absence
of a resolution, said sum shall be $5,000.00. In the event a
liability insurance policy is filed, such liability insurance
policy shall be in the amount of $100,000 coverage for one
person and $300,000 coverage for more than one person and
shall specifically provide for the payment by the insurance
company on behalf of the insured of all sums which the
insured shall become obliged to pay by reason of liability
imposed upon him by law for injuries or damages to persons,
other than employees, including the liability imposed upon
the insured by reason of Minnesota Statute §340.95. Such
liability insurance policy shall further provide that no can-
cellation for any cause can be made either by the insured or
the insurance company without first giving ten days' notice
to the City in writing of the intention to cancel the same,
addressed to the License Division. Further, it shall provide
that no payment of any claim by the insurance company shall
in any manner decrease the coverage provided for in respect
to any other claim or claims brought against the insured or
company thereafter. Such policy shall be conditioned that
the insurer shall pay to the extent of the principal amount
of the policy any damages for death or injury caused by or
resulting from the violation of any law relating to the busi-
ness for which such license has been granted. The licensee
and the City shall be named as Joint insureds on the liabi-
lity insurance policy.
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