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HomeMy WebLinkAboutOrdinance 1102NOT READ ORDINANCE NO. 1102 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SINGLE EVENT CLUB BEER LICENSE The City of Columbia Heights does ordain: Section 1: §5.509 of Ordinance No. 853, City Code of 1977., passed June 23, 1977, which is currently reserved shall hereafter read as follows, to-wit: 5.509 (1) 0n-sale licenses for the saIe of non-intoxicating malt liquor may be issued to bona fide clubs, as defined herein, for a single event as set forth in this section. 5.509 (2) License applications under this section shall include a state- ment providing the following: a. Name and address of club. b. Date of Incorporation of 81ub. c. Certified copy of the Articles of Incorporation. d. Certified copy of the By-laws of the club, including therein a definition of the word "member". e. A list of the membership. f. A copy of the Charter, if any. g. List of corporate officers and Board of Directors. h. A copy of Resolution of the club appointing a person to be in full charge of liquor operation. i. Copy of plat plan depicting the size, location and nature of the premises planned to be used along with a depiction of its relationship to adjacent premises. j. Descriptioo of off-street parking that is available. k. Zoning of ~and on which the proposed activity will take place. Statemen~ showing that appIicant has permission to use the premise~ on which the activity is proposed. m. Statement of applicant's plan for policing the premises. n. Executed signature of an officer of the corporation. (4) o. Statement dates and time of day fo~ which the license is sought. p. The true name of the person in charge. q. Place and date of birth of the person in charge. re se Residence street address of the person in charge of the liquor operation and whether the person in charge of the liquor operation is married or single. If married, the true name and place and date of birth and residence street address of the person in charge's spouse. Statement showing applicant's plan for cleaning the premises. "Bona fide club" as used herein is defined as any organization organized for social or business purposes or for intellectual improvement, or for the promotion of sports, where the serving of such liquors is incidental to and not the major purpose of the club. The Clerk shall refer the application to the Chief of Police for an investigation of whether or not the applicants have any crimi- nal record, and a report thereon. The application shall also be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the Council, at which time the application for a license shall be considered. 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 club who has a member or members who are minors. be No license shall be issued to any applicant who is unable to demonstrate that applicant hes permission to use the premises proposed to be licensed on the date(s) for which the license. is sought. No license shall be issued to any club who has a member con- victed of a violation of any law directly related to the sale, possession, manufacture or transportation of bar or liquor, subject to the provisions of Minnesota Statutes Chapter 364. d. No license shall be issued for any premises which are located within 300 feet of any public school or church. No license shall be issued unless the applicant shall have made adequate plans and provisions to keep minors off the licensed premises~ to keep the beer within the premises, and to clean up the premises after conclusion of the event. No license shall be issued unless the applicant has first paid an application fee, license fee, and clean-up deposit fee in an amount set by Resolution of the Council. In the absence of a Resolution, the application fee shall be $500.00, the license fee shall be $100.00 per day or portion thereof, and the clean-up deposit fee shall be $500.00. The clean-up deposit less the City's cost of clean-up and admi- nistration shall be returned to the applicant. 5.5o9 (6) Every applicant and licensee shall provide insurance in accor- dance with Section 5.503 (15) Licenses granted pursuant %o the provisions of this Chapter shall be subject to the following conditions: a. No gsmbling or any gambling device shall be permitted by the licensee in the licensed premises. No licensee or his agent may sell or permit the sale of beer licensed to be sold under this section between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday, inclusive; nor on Sunday between the hours of 1:00 a.m. and 12:OO noon; nor between the hours of 1:O0 a.m. and 8:00 p.m. on the day of any statewide election. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premises any beer between the hours of 1:30 a.m. and 8:00 a.m. Should the Council decide to additionally restrict the hours of sale in granting the license, no licensee or his agent may sell or permit the sale of beer at any time not specifically allowed in such license. Ce All licensees under this section shall allow the business premises to be inspected by police or health officials at any time during which the premises are open to the public for business. de All licensees under this section shall maintain the sanita- tion conditions prescribed by 5.301 that are applicable to the serving of beverages. No licensee or his agent shall permit the consumption of intoxicating liquor on the licensed premises, or the use of soft drinks to be used for mixing with intoxicating beverages. No person under the age of nineteen (19) years shall be employed on a premises licensed to sell beer "on-sale", to draw or serve beer. No person or customer, other than the licensee and his employees, may remain on any licensed premises after one-half hour after closing. h. No licensee or his agent shall serve beer to a minor, or per- mit a minor to remain on the p~emises. i. No licensee or his agent shall make or permit a sale of beer to a minor. j. No licensee or his agent shall permit or allow any person to take beer from the licensed'premises. k. No licensee or his agent shall serve beer in any glass or metal container. When a beer license is granted in conjunction with an event at which a carnival is operating, no licensee or his agent shall make any sale of beer to any person who operates any ride or concession at such carnival. 5. o9 (8) Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $700.00 and imprisonment for not more than ninety (90) days. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of passage: Offered by: Seconded by: Roll Call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to Council KALINA AND WILLS ATTORNEYS AT LAW March 23, 1985 Non. Bruce G. Nawrocki, Mayor City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 P,~CEIV.ED MAF ;z? 1985 RONALD $. KALINA JAMES H. WILLS DAVID WEXLER DAVID W. WICK LEGAl. A~SISTANT$: ARDEN Z. GgMFN-BERG JEAN A. MRUGALA RE: Single Event Beer License Dear Mayor Nawrocki: I recently met with Chief Anderson regarding the drafting of an ordinance to permit single event beer licensing to cover a situation such as the Lions' proposal to operate a beer stand at the Jamboree. Although I have drafted the enclosed proposal, I feel that we should take a second look at this subject before presenting it to the Council. Chief Anderson and I both feel that passage of such an ordinance may alter the character of the Jamboree. The Jamboree currently appeals to fnmily and children activities. Adding a beer garden would allow the consumption of beer in view of children. It would be virtually impossible to prevent the operators of children's rides from consuming beer. Glass and metal containers do consti- tute certain dangers and litter problems. Summer celebrations serving beer fre- quently attract motorcycle gangs with the inherent police problems. So many persons would be eligible to sell beer that it would be impossible to collect application fees in a sum sufficient to cover all necessary background checks. I grew up in a town with an annual celebration at which beer is sold. The sale of beer is certain to dramatically increase attendance and participation. We must be ready to accept the consequences of such change if it is made. If the Council wishes to consider such an Ordinance, it should address the following questions: 1. What groups should be eligible for a license? 2. Should background investigations be required for every member? 3. Should Dram Shop insurance be required? 4. At what events will such sales be permissable? 556 40TH AVENUE NORTHEAST COLUMBIA HEIGHTS -MPLS. MINNESOTA 55421-3880 612-788-1681 .° o 5. Will gambling or bingo be allowed in conjunction with the license? 6. Will minors be allowed on the premises? 7. How can the licensee stop beer from leaving the premises? 8. Should the presence of a police officer be required at all times on the premises? 9. How can the licensee be effectively prevented from selling beer to operators of rides and concessions? 10. How can we prevent '~ndesirable elements from being attracted by the beer? I am sending copies of this to the City Manager and Police Chief. I would appreciate any suggestions which any of you may have before forwarding this to the Council. Very truly yours, Ronald S. Kalina RSK/lai City Attorney City~j Columbia Heights cc: 'Robert S. Bocwinski, City Manager Stuart W. Anderson, Chief of Police