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HomeMy WebLinkAboutSeptember 11, 2000OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 11, 2000 CALL TO ORDER/ROLL CALL The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, September 11, 2000 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Present: Mayor Peterson, Councilmember Jolly, Councilmember Wyckoff, Councilmember Hunter Absent: Councilmember Szurek, 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA Hunter questioned what the final figure for Item ~9 from the last meeting regarding dean up of a home on Jackson Street authorizing up to $17, 900for dean up was. Staff was still not sure. 4. CONSENT AGENDA MOTION by Hunter, second by Wyckoff, to approve Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the August 28, 2000, Regular Council Meeting as presented. 2) Approve transfer of Funds to Repay Overtime Fund Motion to transfer $3,016, the total amount received from Northeast Bank, Columbia Heights Independent School District #13, and the Unique Thrift Store for off-duty security worked, from the General Fund to the Police Department 2000 budget under line # 1020, police overtime. 3) Authorize Sale, Salvage, or Disposal of Surplus City Vehicles Motion to authorize the sale, salvage, or disposal of the attached listing of surplus City vehicles at the Hennepin County auction to be held on September 16, 2000. Fehst stated the City auction last Saturday netted $1,814. The City will attempt to sell vehicles at the Hennepin County Auction. Police Chief Tom Johnson indicated the number of people attending was lower than usual, and people did ask if any vehicles wouM be sold. Fehst stated that a large amount of staff time is involved to hoM this event and suggested possibly holding the event every other year or to join with the City of Fridley for a joint auction. 4) Accept donation of vehicle to the Fire Department Motion to accept the donation of a junk vehicle from Ed Carlson for training use. Fehst stated that former Mayor, Ed Carlson, will donate a vehicle for the Fire Department to use for extraction training. s) Accept donation of funds to assist in construction of a "Welcome" monument Motion to accept the donation from the Chamber of Commerce Transition Committee toward an entrance sign into the City of Columbia Heights, and the commitment to incorporate a suitable business salutation. City Council Minutes September 11, 2000 Page 2 Fehst stated that the welcome sign at 37th and Central Avenue is 90percent complete. The former Columbia Heights' Chamber of Commerce will donate $8-9,000, for an entrance sign into the City, requesting some recognition of appreciation to our business community. This sign will be placed at the north end of our community. 6) Adopt Resolution No. 2000-58, being a resolution opposing the concept of allowing further proliferation of Liquor sales from dispensaries other than duly authorized off- sale liquor stores Fehst stated this is a request by the League of MN Cities to enact a resolution opposing an attempt to sell beer and wine in grocery sales. Staff felt this may increase alcohol sales to minors, and our current municipal liquor revenue wouM be affected. Motion to waive the reading of Resolution No. 2000-58, there being ample copies available to the public. Motion to adopt Resolution 2000-58 being a resolution opposing the concept of allowing further proliferation of liquor sales from dispensaries other than duly authorized off-sale liquor stores. RESOLUTION NO. 2000-58 A RESOLUTION OPPOSING THE CONCEPT OF ALLOWING FURTHER PROLIFERATION OF LIQUOR SALES FROM DISPENSARIES OTHER THAN DULY AUTHORIZED OFF-SALE LIQUOR STORES WHEREAS the sale of 3.2 beer by convenience stores, grocery stores, gas stations, and other associated retail outlets for off premise consumption is currently allowed under Minnesota law, and WHEREAS the check out clerks at the aforementioned types of retail outlets do not specialize in liquor sales and they are not generally trained to recognize fake identification or in other alcohol management techniques normally required for the employees of duly authorized off-sale liquor dispensaries, and WHEREAS there is a proposal before the Minnesota Legislature that, if adopted and made law, would allow convenience stores, grocery stores, gas stations, and other similar retail outlets to sell wine including sweet "pop" wines, wine coolers, and associated products for off premise consumption, and WHEREAS the City of Columbia Heights is endeavoring to curtail youth access to alcohol and tobacco products, and WHEREAS the proliferation of the types of outlets where the sale of alcohol provides additional opportunities for youth to have access to alcohol, now, therefore, be it RESOLVED by the City Council of the City of Columbia Heights that they hereby oppose the concept of allowing the further proliferation of liquor sales from dispensaries other than duly authorized off-sale liquor stores. Adopted this Offered by: Seconded by: Roll Call: 11th day of September 2000. Hunter Wyckoff All ayes City Council Minutes September 11, 2000 Page 3 Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 7) Authorize agreement to pave rear Murzyn Hall parking lot and driveway out to Mill Street Motion to authorize Mayor and City Manager to enter into an agreement with AC! Asphalt Contractors, Inc. and to award the bid for paving of Murzyn Hall rear parking lot and driveway on the west side of the building for the total amount of $41,115, with funds being appropriated from the Murzyn Hall and Recreation budget. 8) Acceptance of NSP Street Lighting Proposal for Mill Street Motion to accept the proposal from NSP for total system takeover of the Mill Street lighting system at an estimated cost of $9,800, with funding appropriated from 101- 43160-4000. Fehst stated this upgrade is to pass the NSP minimum requirements before NSP will take over maintenance of the Mill Street light poles. 9) Acceptance of Proposal for Property Acquisition and Relocation Services as recommended in the 1999 Storm Water Study Motion to accept proposal from Wilson Development Services in the amount of $4,800; and, authorize the Mayor and City Manager to enter into a contract for the same. Project costs will be allocated to each address which has been assigned an individual project number for tracking. Fehst stated these recommendations were made by the consultant for areas where there are major water problems. 10) Authorize payment to US West for repair of damaged cable at 40th and Central Avenue Motion to authorize payment to US West for repair of damaged cable at 40th Avenue and Central in the amount of $4,182.06, with funding appropriated from Fund #601- 49430-4000. Fehst gave the background of this situation which ended in a broken cable, dolly stated this company is now called Qwest. 11) Final payment for Sullivan Lake Sanitary_ Sewer Improvement Project No. 9722 Motion to accept the work for Sullivan Lake Sanitary Sewer Improvement Project (Project No. 9722); and, authorize final payment of $4,507.11 to Penn Contracting Inc. Fehst stated this is the final payment for moving the lift station and sewer line. 12) Approve Agreement No. 80793M with Mn/DOT for internally lit traffic control signals on TH 47 Motion to waive Resolution No. 2000-65, there being ample copies available to the public. Motion to approve Resolution No. 2000-65, authorizing agreement No. 80793M with Minnesota Department of Transportation for installation of internally lit signs at the existing traffic control signals on Trunk Highway 47; and, furthermore, to authorize City Council Minutes September 11, 2000 Page 4 the Mayor and City Manager to enter into an agreement for the same. RESOLUTION NO. 2000-65 AUTHORIZING AGREEMENT NO. 80793M WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF INTERNALLY LIT SIGNS AT THE EXISTING TRAFFIC CONTROL SIGNALS ON TRUNK HIGHWAY 47 WHEREAS, the City of Columbia Heights proposes to provide internally lit signs at the existing traffic controls signals and, WHEREAS, the improvements will benefit both the City of Columbia Heights and the Minnesota Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights to enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To provide maintenance and electrical energy for the new internally illuminated signs at the existing traffic control signals on Trunk Highway No. 47 (University Avenue) at 37th Avenue Northeast, at County State Aid Highway No. 2 (40th Avenue Northeast), at 44th Avenue Northeast, and at County State Aid Highway No. 4 (49th Avenue Northeast) - County Road 104 (49th Avenue Northeast) in accordance with the terms and conditions set forth and contained in Agreement No. 80793M, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Dated this 1 lth day of September, 2000 Offered by: Hunter Seconded by: Wyckoff Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 13) Adopt Resolution 2000-62, being a resolution designating a change in the Zone 5 boundary_ of the street rehabilitation program to include Jackson Pond area. Fehst indicated that improvements are to help assure residents we are doing all we can to control water problems and to fix the fence around the pond. Motion to wave the reading of Resolution No. 2000-62, there being ample copies available to the public. Motion to adopt Resolution No. 2000-62, approving a change in Zone 5 Street Rehabilitation boundary to add the following area: Quincy Street to Central Avenue north of 41 st Avenue and to include fencing replacement at Jackson Pond in the Zone 5 Street Rehabilitation Program. City Council Minutes September 11, 2000 Page 5 RESOLUTION NO. 2000-62 BEING A RESOLUTION DESIGNATING A CHANGE IN ZONE 5 BOUNDARY OF STREET REHABILITATION PROGRAM TO INCLUDE JACKSON POND AREA WHEREAS, the City of Columbia Heights is in the process of evaluating streets in Zone 5 of the annual Street Rehabilitation Program, and WHEREAS, the City Council of Columbia Heights, at its May 8, 2000, meeting was directed to prepare plans for the replacement of the fencing surrounding Jackson Pond, and WHEREAS, the City of Columbia Heights has determined that street improvements will impact sewer systems in the area and impact Jackson Pond fencing, BE IT RESOLVED THAT the City of Columbia Heights determines that a Change in Zone 5 Boundary of Street Rehabilitation Program be authorized, adding the Jackson Pond area to the Zone 5 area and incorporating the fencing with the same street improvements. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: That said designation of the boundary in Zone 5 of Street Rehabilitation Program be changed to include Quincy Street to Central Avenue north of 41st Avenue and to include fencing replacement at Jackson Pond in the Zone 5 Street Rehabilitation Program. Dated this 11th day of September, 2000. Offered by: Hunter Seconded by: Wyckoff Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 14) Approve Variance Request for St. Timoth¥'s Lutheran Church, 825 51st Ave NE. Motion to recommend approval of case # 2000-0923 for a twenty (20) foot variance request for a freestanding ground sign for St. Timothy's Lutheran Church at 825 51st Avenue NE, as a hardship exists for placement of the proposed sign, and the proposal is in keeping with the spirit and intent of the ordinance. 15) Approve Conditional Use Permit Case #2000-922, at 5101 University Avenue NE Motion to recommend approval of case # 2000-0922 for a Conditional Use Permit for Jeffery Bauer and 30 Minute Auto Service, 5101 University Avenue NE to allow for auto repair and used vehicle sales to continue, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All screening requirements of the Zoning Ordinance for fencing and trash enclosure shall be in compliance. 3. Used vehicle sales shall be limited to a maximum often (10) vehicles, and vehicle signage must be displayed within vehicles at all times. 16) Approve Conditional Use Permit Case #2000-0925, at 5050 Central Avenue NE City Council Minutes September 11, 2000 Page 6 Motion to recommend approval of case # 2000-0925 for a Conditional Use Permit to allow for the operation of a Wendy's Restaurant at 5050 Central Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 3. Solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. 4. The cedar fence on the rear of the property shall be rebuilt or replaced to maintain separation from residential properties to buffer from noise and maintain aesthetics. Fehst stated this is the oM Boston Market, and this site was next to the original Wendy's. 17) Adopt Resolution 2000-61, being a resolution adopting the 2001 Business License Fee Schedule as presented Motion to waive the reading of Resolution No. 2000-61, there being ample copies available to the public. Motion to approve Resolution 2000-61, being a resolution adopting the 2001 Business License Fee Schedule as presented. RESOLUTION NO. #2000-61 ADOPTING 2001 BUSINESS LICENSE FEE SCHEDULE WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1,2001. Passed this 1 lth day of September, 2000. Offered by: Hunter Seconded by: Wyckoff Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City Council Minutes September 11, 2000 Page 7 2001 BUSINESS LICENSE FEES Effective January_ 1,2001 through December 31,2001. CATEGORY Amusement Centers/Arcades ($5,000 Bond/S100 Inv. Fee) (PD) FEES $5OO $500 Auto Recycling Dealer/Yard ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI) On Sale ($150 Inv. Fee 1st time appl.) Off Sale ($150 Inv. Fee 1st time appl.) Temporary Beer (per day basis) ($500 Appl. Fee; $150 Investigation Fee) $400 $150 $100 Carnivals ($500 deposit & insurance) (PD) $50/day $50 Christmas Tree Sales (FI) (P&Z Comm) ($200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) $200 Contractors (Bond and Insurance) General (if not licensed by State) Blacktop Excavator Masonry/Concrete Moving Demolition Plaster/Stucco Heating/Cooling Gas Piping Plumbing Sign Installation $5O $5O $5O $5O $5O $5O $5O $5O $5O $5O $5O $5O Courtesy Benches (Insurance)(Eng. Dept.) $25/each Games Of Skill (PD) Plus $15/Location $15/machine Kennels, Commercial (PD) Plus, per cage $50 $10 CATEGORY Liquor Sales (PD, FI, BI) Class A (Inv. Fee $500-$2000) Class B (Inv. Fee $500-$2000) 3 FEES $8,000 $6,500 ARTICLE IV II V V II III IV VI IV VI ARTICLE V SECTION 2 2 2 7 6 4 9 SECTION City Council Minutes September 11, 2000 Page 8 Class C (Inv. Fee $500-$2000) 3 Class D (Inv. Fee $500-$2000) 3 Class E (Inv. Fee $500-$2000) 3 On Sale Wine (Inv. Fee $500-$2000) 5 Sunday Liquor Sales Temporary On Sale (Inv. Fee $500-$2000) Club On Sale Liquor (Inv. Fee$500-$2000) up to 200 members 201 to 500 members 501 to 1,000 members 1,001 to 2,000 members 2,001 to 4,000 members 4,001 to 6,000 members Over 6,000 members Massage Therapist Business (PD,ZA) ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device Each Add'l. Metering Device L.P. Gas Per Metering Device Motor Vehicle Rental/Leasing (ZA) A. New Application B. Renewal Application Motor Vehicle Sales (New & Used) (PD) Multiple Dwellings (FI,BI) First 3-4 Units Each Additional Unit Over 4 Re-Inspection Fee for Code Compliance Pawnbroker ($5,000 Bond/$100 Inv. Fee) (PD) Pet Shop (PD)(Humane Officer) Pool/Billiard Hall ($100 Inv. Fee) (PD) $6,500 $8,000 $5,500 $2,000 $200 V $100/day Per membership V $ 300 $ 500 $ 650 $ 800 $1,000 $2,000 $3,000 $5OO $100 II $50 $10 $50 $75 $5O $200 $5O $ 5 $ 70 $12,000 $5O $100 V V VI II VI II VI IV V V V V 6 3 12 12 CATEGORY Popcorn, Candy, Food Catering Vehicles (PD) FEES $5O ARTICLE VI SECTION 6 City Council Minutes September 11, 2000 Page 9 (Insurance - Public & Vehicle Liability) Precious Metal Dealers ($5,000 Bond)(PD) ($100 Investigation Fee) New Applicant Renewal $300 $200 VI Rental Housing Licenses Single Family & Duplex (Per Unit Basis) Re-Inspection Fee $15 $5O VI Secondhand Merchant Business ($5,000 Bond) $100 (Investigation Fee $100) (PD, FI, BI) Exhibition/Convention/Shows/Expositions ($5,000 Bond) First Day $50 Each Additional Day $10 II II Sexually Oriented/Adult Business (PD,FI,ZA, AC) (Investigation Fee $500-$10,000) $10,000 V Taxicab Driver (PD) $25 VI Taxicab Vehicle (PD) $75 VI 3 Transient Merchant/Peddlers (PD) A. Itinerant Hawker/Peddler B. Transient Merchant II $50/day; $100/mo.; $500/yr. $50/day; $100/mo.; $500/yr. Tree Removal & Treatment (Ins.) (PWD) $50 VI 10 LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES 1 - 15 DAYS LATE 16-30 DAYS LATE OVER 30 DAYS LATE 25% PENALTY OVER ORIGINAL FEE 50% PENALTY OVER ORIGINAL FEE LEGAL PROCEDURES BEGUN. PD BI ZA DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE Police Department Building Inspector Safety and Health Inspector Zoning Administrator FI PWD CF AC Fire Department Public Works Dpt S&H City Forester Anoka County All New Licenses Must Have Zoning Administrator's Approval 18) Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at 218-220 40th Avenue NE. Motion to Establish a Hearing Date of September 25, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Christopher Decker at 218-220 40th Avenue NE. City Council Minutes September 11, 2000 Page 10 19) Approve License Applications Motion to approve the items as listed on the business license agenda for September 11, 2000. 20) Payment of Bills Motion to pay the bills as listed out of proper funds. Regarding Item/~ 10, Hunter asked if we have a poficy in place to contact Gopher State. Hansen indicated the oversight was ours and a poficy is in place. This type incident should never come up again. Fehst stated we will check to see if our insurance will pay for this. Wyckoff explainedpros and cons to Item/~ 6, fiquor sales in grocery stores. Wyckoff indicated, on Item/~9, two of the three property owners have agreed to sell. The homes will be removed and landscaped to look nice, and this shouM protect the properties around these homes. All ayes. Motion carried. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations B. Presentations C. Introduction of'New Employees 1. Michelle Steichen, Police Department Research Analyst Chief Johnson indicated Ms. Steichen was not present. She will attend the next meeting. 2. Paula Haynus, Part Time Recreation Clerk Karen Moeller, Sr. Citizen Coordinator, introduced Paula Hynus hired to serve in a part- time capacity as secretary/receptionist. Paula thanked the City Council for this opportunity. Recognition PUBLIC HEARINGS A. Public Hearing Regarding the Revocation or Suspension of the Rental License held by Michael Johnson at 4919-4921 Jackson Street NE. Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Michael Johnson Regarding Rental Property at 4919-4921 Jackson Street in that the Property is in Compliance with the Housing Maintenance Code. Mayor Peterson closed the public hearing as the property is in compliance with Code. Public Hearing Regarding the Revocation or Suspension of the Rental License held by Myrna Bourcy at 1132 40th Avenue NE Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Myrna Bourcy Regarding Rental Property at 1132 40th Avenue in that the Property is in Compliance with the Housing Maintenance Code. Mayor Peterson closed the pubfic hearing as the property is in compfiance with Code C. First Reading of Ordinance No. 1419, Being an Ordinance Amending Ordinance 853, City Code of 1977. Ken Anderson, Community Development Director, indicated the City Attorney, Police Chief, and Licensing Clerk have reviewed our City Code pertaining to beer, wine and liquor licensing, and compared our Code to eleven other communities. Areas addressed include: Distances from City Council Minutes September 11, 2000 Page 11 schools/day cares (300 feeO, percentage of food to fiquor sales (60%), and minimum seating numbers (150). Other areas of the Code were cleaned up and consolidated Staff asked to set second public hearing date. MOTION by Jolly, second by Hunter, to waive the reading of Ordinance No. 1419, there being ample copies available for the public. All ayes. Motion carried. MOTION by Jolly, second by Hunter, to schedule a second reading of Ordinance No. 1419, being an ordinance amending Ordinance # 853, City Code of 1977, pertaining to the amendment of certain sections of the licensing requirements of the city for September 25, 2000 at 7:00 p.m. All ayes. Motion carried. (Proposed Ordinance # 1419 attached to the end of these minutes) D. Request for setback variance for 3711 Van Buren Street NE E. Request for height variance for 3711 Van Buren Street NE Ken Anderson, Community Development Director, indicated the Planning and Zoning Commission heard two variance requests for 3 711 l/an Buren Street. The first application requested a set back tolS feet, on which the Commission determined the topography was a hardship, and recommended approval. Anderson indicated the second request was for a five-foot height variance, as the appficant request; storage on the second level of the garage in a barn type structure. The Planning and Zoning Commission couM not determine a hardship and recommended denial. Anderson had photos available. Tom Ramsdell, Chairman of the Planning and Zoning Commission stated rafters couM be built to match the house. There are similar structures in the neighborhood which were approved when the height limit was 18feet. The current height limit is 15feet. Ramsdell questioned the City Attorney regarding granting a variance without establishing a hardship, dim Hoeft, City Attorney, indicated the Planning and Zoning Commission has to work within the guidelines that are in place and concurred with staff'; recommendation. dim Stoss and Wendy Howell, 3711 Van Buren, handed out additional pictures and drawings. Ms. Howell indicated the additional height would better match their home. She stated their neighbors garage is 22feet high and their request is for a 19-foot garage. In discussion Council agreed this would not be a problem in this area, but that the ordinance must be followed. Peterson indicated Council shouM address the ordinance. Wyckoff questioned future consequences if this variance were granted. Hoeft explained future possible repercussions. Mr. Stoss indicated he does not want to change the pitch of the roof. Peterson asked the timeframe to look at and possibly change the ordinance to allow for such instances. Hoeft estimated at least two months before a change couM be approved, dolly was concerned with rewriting an ordinance to allow changes for one property. Bruce Nawrocki, 1255 Polk Place sympathized but agreed with the attorney and stated there is no legal hardship. MOTION by Wyckoff, second by Hunter, to approve a five (5) foot setback variance request to construct a 24 foot by 26 foot detached garage facing the alley at 3711 Van Buren City Council Minutes September 11, 2000 Page 12 Street NE due to topographic hardship, and the proposal is in keeping with the spirit and intent of the ordinance. All ayes. Motion carried. MOTION by Jolly, second by Hunter, to deny a four (4) foot height variance request to construct a 24 foot by 26 foot detached garage at 3711 Van Buren Street NE due to lack of hardship, as the owners could build a garage to meet the requirements. Ms. Howell asked that the City Council table their variance request until the ordinance has been looked at or changed. Jolly withdrew his motion. Hunter withdrew his second. MOTION by Jolly, second by Hunter, to table the height variance request for 3711 Van Buren Street NE for 60 days. Upon vote: Ayes-Jolly, Wyckoff, Hunter, Peterson. Motion carried. o ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution No. 2000-60, being a resolution adopting a proposed budget, setting the City, EDA, and HRA proposed local levy, and establishing a budget hearing date for property taxes payable in 2001. Peterson stated the correct resolution number is 2000-60. Fehst gave the proposed levy amount; and suggested a date for the hearing. He listed the EDA levy amount; and stated it will be the same as last year. Bill Elrite, Finance Director, indicated the State Legislature has expanded the steps to adopt a levy and budget, to insure resident; get more complete information. State regulations now require adopting a preliminary budget/levy and certifying this to the county so they can determine what impact this will have on resident,'. An acknowledgment wouM be received in October of the realization of tax increase and notices of the Truth and Taxation meeting letters wouM be sent to resident; in November indicating the hearing date of December 4th. Elrite stated the budget process start; with the department level to determine their need; to cover operational cost,'. The City Manager and Finance Director then determine what tax level is needed. Wyckoff reminded resident; taxes contain three parts, City, County, and the School District. The City only receives 25 percent of taxes paid. Bruck Nawrocki strongly opposed the 10% levy increase, even if this is the maximum amount that can be used and that this can be reduced. He gave comparisons to other communities, and discussed the tax rate including the fibrary levy. He urged Council to not approve the levy as requested. Wyckoff indicated that other communities with a lower levy have a heavy industrial tax base, and that this 10% increase wouM only be on the 25%portion of taxes the City receives. MOTION by Hunter, second by Wyckoff, to waive the reading of Resolution No. 2000-60, there being ample copies available to the public. All ayes. Motion carried. MOTION by Hunter, second by Wyckoff, to adopt Resolution 2000-60 being a resolution City Council Minutes September 11, 2000 Page 13 adopting a proposed budget, setting the City, HRA and EDA proposed local levy, and establishing a budget hearing date for property taxes payable in 2001 with the total HRA levy set at $94,752, the City, Library and EDA levy set at $3,625,552, and the Truth in Taxation hearing date of December 4, 2000 at 7:00 p.m. in the City Council Chambers. All ayes. Motion carried. MOTION by Jolly, second by Hunter, to schedule the budget review meeting with the Library Board and the City Council for Tuesday, October 3rd, at 7:00 p.m. in the Library Board room, and schedule the City Council budget review meeting with the Park and Recreation Commission for Wednesday, October 25th, at 7:00 p.m. in the Gauvitte Room at Murzyn Hall. All ayes. Motion carried. RESOLUTION 2000-60 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MN ADOPTING A PROPOSED BUDGET FOR THE YEAR 2001, AND SETTING THE PROPOSED TOTAL CITY LEVY COLLECTABLE FOR THE YEAR 2001 AND APPROVE THE HRA LEVY OF $94,752 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 2001 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Capital Improvement Infrastructure Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund Total Expense Including Interfund Transfers Expense 8,216,490 307,762 119,045 68,100 192,399 597,234 8,825 1,991,300 0 473,537 430,893 1,102,097 1,430,297 1,245,261 1,491,610 324,212 0 274,732 0 2,129,220 20,403,014 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2001: General Fund Community Development Fund Economic Development Fund Revenue 8,216,490 307,762 119,045 City Council Minutes September 11, 2000 Page 14 State Aid Cable Television Library DARE Project Capital Improvement Infrastructure Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund Total Revenue Including Interfund Transfers 68,100 192,399 597,234 8,825 1,991,300 0 473,537 430,893 1,102,097 1,430,297 1,245,261 1,491,610 324,212 0 274,732 0 2,129,220 20,403,014 Section C. The following proposed sums of money are levied for the current year, collectable in 2001, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated Area-Wide Estimated General and Library Fund Levy Estimated EDA Fund Levy 1,000,000 2,506,257 119,295 Total Proposed Levy 3,625,552 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2001 in the amount of $94,752. BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget hearing is scheduled for December 4th at 7:00 pm in the City Council Chambers. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 11th day of September 2000. Offered by: Hunter Seconded by: Wyckoff Roll Call: All ayes. Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk B. Bid Considerations 1. Resolution accepting bids and awarding the contract for MSC Concrete Floor Repairs and Coating Kevin Hansen, Public Works Director, stated the contract is to repair the Municipal Service Center City Council Minutes September 11, 2000 Page 15 concrete floor. The floor repair is on afire year cycle, and scheduled for this time. The bids were higher than budgeted for, but include the concrete repair and coating. Nansen stated testing has been done to identify areas that need repair. Nansen indicated repairs are required to the top surface and also the bottom of the second floor level. MOTION by Jolly, second by Wyckoff, to waive the reading of Resolution 2000-64, there being ample copies available to the public. All ayes. Motion carried. MOTION by Jolly, second by Wyckoff, to approve and adopt Resolution No. 2000-64 accepting bids and awarding the MSC Concrete Floor Repairs and Coating to TM! Coatings, Inc. of St. Paul, Minnesota, in the amount of $24,980.00 based upon their low qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. All ayes. Motion carried. RESOLUTION NO. 2000-64 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2000 CONCRETE FLOOR REPAIRS AND COATING PROJECT NO. 0016 WHEREAS, pursuant to an advertisement for bids for 2000 Concrete Repairs and Coating Project No. 0016, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TM! Coatings, Inc. Pro Maintenance Floors Northwest Inc. Base Bid $24,980 $26,018 Notread, no Bid Bond WHEREAS, it appears that TM! Coatings, Inc., 2805 Dodd Road, St. Paul, Minnesota, is the lowest responsible bidder, NOW THEREFORE BE IT RESOLVED by the City Council of Columbia Heights, Minnesota: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with TM! Coatings, Inc. in the name of the City of Columbia Heights for 2000 Concrete Repairs and Coating, Project No. 0016, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lower bidder shall be retained until the contract has been signed. 3. City Project #0016 shall be funded with approximately 100% City funds. Dated this 11th day of September, 2000. Offered by: Jolly Seconded by: Wyckoff Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 2. Rejection of Bids for the Central Avenue Backlit Street Signs CP 1999-20 Nansen recommended rejecting bi&for the backlit street signs as one bid was about 30 percent over the estimated cost. The contract will be rebid in 2001. City Council Minutes September 11, 2000 Page 16 MOTION by Hunter, second by Wyckoff, to wave the reading of Resolution No. 2000-63, there being ample copies available to the public. All ayes. Motion carried. MOTION by Hunter, second by Wyckoff, to consider Resolution No. 2000-63 for 2000 Improvement Program Project No. 1999-20 to reject the bid received and to add the project to the Central Avenue Street, Utility and Streetscaping Project No. 9912. All ayes. Motion carried. RESOLUTION NO. 2000-63 RESOLUTION REJECTING THE BIDS FOR THE 2000 IMPROVEMENT PROGRAM CITY PROJECT NO. 1999-20 UNIVERSITY AVENUE INTERNALLY LIT SIGNS WHEREAS, the Council ordered the bidding for the 2000 Improvement Program: City Project No. 1999- 20, and WHEREAS, a formal bid opening was held on August 15, 2000, at 10 a.m., and WHEREAS, a single bid was received, and WHEREAS, the lowest bidder's bid is 29 percent over the Engineer's Estimate NOW THEREFORE BE IT RESOLVED THAT: The 2000 Improvement Program Project No. 1999- 20 bids received August 15, 2000, be rejected and staff be directed to add the project to the Central Avenue Street Utility and Streetscaping Project, 1999-12, to be bid in 2001. Adopted by the City Council of Columbia Heights this 11th day of September, 2000. Offered by: Hunter Seconded by: Wyckoff Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk C. Other Business - None 8. ADMINISTRATIVE REPORTS A. Report of the City Manager Fehst indicated the Mayor received a letter requesting a trash container at the new bus shelter, and this will be done. Fehst asked the Public Works' Director Hansen to look trash containers for Central Avenue that wouM add to the attractiveness. Fehst indicated staff has met with HUD to transfer Section 8 to Metro HIM. They request the transfer take place October 1~'', and staff is now preparing letters to acknowledge all previous agreements'. Fehst stated staff has met with NEI, and Real Estate Equities toward a final agreement. He contacted Ms. Soukup and indicated the agreement to purchase the Ostrander property has significantly moved forward Final stages and agreements' will be discussed at the next EDA meeting. B. Report of the City Attorney City Council Minutes September 11, 2000 Page 17 Nothing to Report. o GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1. Meeting of the September 5, 2000 Planning and Zoning Commission 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) Wyckoff stated on Monday Sept 16th the new bus routes would go into effect and the transit hub will be opened. Wyckoff asked for new bus schedules to be available at City Hall. Anderson stated these have been requested but have not been received. Everyone is invited to the formal opening of the Transit Hub on Tuesday, September 19th, at 3.'OO p. m. Wyckoff described the new route. She stated there is currently no weekend service, but this will be addressed in the future. Fehst reminded the City Council that we contracted with Decision Resources to survey 400fatuities in town to do a report card of our services. The questions have been reviewed by a committee on two occasions, and calls to residents may begin by the end of September or beginning of October. The questions may take 15 to 20 minutes to answer. He asked that residents take the time to answer these questions honestly, so we can get an accurate appraisal of our jobs. Wyckoff indicated the Big Lot store will open on September 24t~. To answer a question, Hansen felt the work on Reservoir is close to completion. Wyckoff indicated there are currently openings on the Telecommunications, Planning and Zoning, and Human Services Commissions. She indicated the Human Services Commission would like to do a "Taste of Columbia Heights ", and conduct a panel with new immigrants, to hear their input. The next Human Services Commission meeting will be Wednesday, 7p.m., at Murzyn Hall. Wyckoff wished Terry Randall well in the new position he has accepted as a Pubfic Works Director. Council members and staff wished him well. Jolly mentioned visiting the Monticello Community Center with the City Manager and that they viewed their rollerblading facility. He questioned the City Attorney regarding liability and participants signing waivers. Hoefi indicated a waiver cannot stop negligence. Fehst has asked Hansen to look at paving an area at Ostrander Park to accommodate rollerblading. Hansen will bring ideas to the Park and Recreation Commission. Jolly questioned the status of the raikoad tracks near Husset Park. Hansen indicated the project has not gone well because of issues with the title and the survey, but will probably close within the next month. Jolly asked staff to research the outside tent sale held at 49t~ and University. Mayor Peterson reminded everyone tomorrow is the Primary Election and encouraged residents to get out to vote. Jim Morel, 2301 40t~ Avenue, voiced concern about the flooding at 40t~ and McKinley and states he has had water in his basement three times. Hansen indicated on September 2"( multiple areas in town received City Council Minutes September 11, 2000 Page 18 flooding. Ponding improvements' were done in this area, however, this was over a "100 year storm" or 3.25 inches of rain in 90 minutes. Ponding is the rational to handle this water, but there is not enough in the area to handle it all. Morel stated that ponding works for smaller rains under two hours. He appreciates the attempts' to correct the problem but it has not totally worked. Hansen stated this is not the only area with problems from this storm. He will meet with an Engineer to discuss problems from heavy storms. Peterson asked that staff keep them informed. Tony Roitero, 2310 40th Avenue, addressed Council members statingJIooding of this area has happened three to four times since the ponding was put in place. He suggested a tanker be on stand by to suck water out of the street and pump it into the pond when a problem arises. Peterson asked that the Engineer look at all possible options. 11. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:05 p.m. Patricia Muscovitz, Deputy City Clerk ORDINANCE NO. 1419 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, City Council Minutes September 11, 2000 Page 19 PERTAINING TO THE AMENDMENT OF CERTAIN SECTIONS OF THE LICENSING REQUIREMENTS OF THE CITY. The City of Columbia Heights does ordain: SECTION 2: Section 5.502 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Intoxicating Liquor, Club Sales which currently reads as follows to wit: On-sale licenses for the sale of intoxicating liquor may be issued to bona fide clubs, as defined herein, which have been in existence for fifteen (15) years or more, or to an incorporated congressionally chartered veterans organization which has been in existence for ten (10) years or more. (a) For purposes of this section, club shall be defined as any corporation duly organized under the laws of the State for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion of sports, which shall have more than fifty members and which shall, for more than a year have owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a Board of Directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the Directors or other governing body. 2) The licenses issued shall be for sale of intoxicating liquors to club members and guests only. (c) The license fee shall be set by Resolution of the Council. In the absence of such Resolution, the license fee shall be $300.00 annually. s.s02(2) Any club as defined herein, may make application for such license. The application shall be made with the Clerk and shall contain the following information on a form described by the Minnesota Liquor Control Commissioner: (a) Name and address of club. 1) Date of Incorporation of club. 2) Certified copy of the Articles of Incorporation. 3) Certified copy of the By-Laws of the club, including therein a definition of the work "member". 4) A list of the membership. 5) A copy of the Charter, if any. City Council Minutes September 11, 2000 Page 20 5.502(5) 5.502(6) 6) 7) 8) 5.502(7) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 1) 2) List of corporate officers and Board of Directors. A copy of Resolution of the club appointing a person to be in full charge of liquor operation. Copy of plat plan showing the size and location of building upon premises and occupied by the applicant. Description of off-street parking that is available. Zoning of land. Statement of Ownership of premises occupied by the applicant. A statement as to whether or not real estate and personal property taxes to the premises to be licensed are fully paid, and if not paid, the years and amounts of delinquency. Executed signature of an officer of the corporation. If a permit to the Federal Government is required, the application shall state whether such permit has been issued and if so, in what name. The true name of the person in charge. Place and date of birth of the person in charge. 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 and charge's spouse. Whether the person in charge and his spouse are registered voters in Anoka County and of Columbia Heights. Every applicant and licensee shall provide insurance in accordance with Section 5.503 (15). The Clerk shall forward the license application to the Chief of Police for an investigation of the truthfulness of the statements set forth in the application. The applicant shall furnish to the Chief of Police such evidence as he may reasonably require in support of the statements set forth in the application. The Chief of Police shall report and endorse his findings upon the application and return the same to the Clerk. The Clerk shall refer applications for an on-sale liquor license under this section to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises City Council Minutes September 11, 2000 Page 21 5.502(8) 5.502(9) are in compliance with applicable ordinances and regulations. No license shall be issued in violation of any of the provisions of Minnesota Statutes Chapter 340, which provisions shall govern over any contradiction or conflict in the interpretation of the provisions of this chapter. No on-sale license shall be granted to any club which does not have at the time of making its application, an unrevoked license issued by the city for the on-sale of non-intoxicating malt liquor, providing that if the said applicant, coincident with its application for an on-sale liquor license has made application and paid the fee for an on-sale beer license, and the same has been granted by the Council or is granted coincident with the granting of the application for an on-sale liquor license, said on-sale liquor license may be granted. No on-sale license shall be issued for any building, room or place within 600 feet of any public or parochial school, or church, said distance to be measured in a straight line from the building in which such school or church is conducted and to the main public entrance to the premises for which the license is sought. Clubs which are licensed pursuant to the provisions of this section shall be subject to the following regulations: No sales of any intoxicating or non-intoxicating malt liquor or intoxicating liquor may be made (1) between 1:00 a.m. and 8:00 a.m. on the days of Tuesday through Saturday; (2) between 12:00 midnight and 8:00 a.m. on Mondays; (3) after 1:00 a.m. on Sundays; or (4) between 8:00 p.m. on December 24 and 8:00 a.m. on December 25. Sales shall be made only to club members and their guests. Liquor may only be sold at the premises designated in the license. The Clerk shall be notified of any change in the person managing the liquor operations for the club. The licensee shall at all times keep in full force and effect the bond or insurance as required by this section. Failure at any time to do so shall be grounds for immediate revocation of the license. No licensee, or any agent or employee of such licensee shall violate any of the provisions of State law relating to the sale, possession, manufacture or transportation of liquor upon the premises of a licensee operating with a license issued pursuant to the provisions of this section. Any on-sale license issued pursuant to the provisions of this section may be revoked or suspended for a violation by the licensee, or any agent or employee thereof, of any provision of the laws of the State of Minnesota relative to the sale, possession, manufacture, or transportation of liquor upon City Council Minutes September 11, 2000 Page 22 the premises of a club licensed pursuant to this section. If such violation was not willful on the part of the licensee, the Council may suspend said license for a period of up to thirty (30) days for the first violation, or for a period of up to ninety (90) days for the second violation. Any revocation or suspension under this section shall be invoked in accordance with the procedures prescribed by 5.104. 5.50200) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $500.00 and imprisonment for not more than 90 days. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.5o2(0 On-sale licenses for the sale of intoxicating liquor may be issued to bona fide clubs, as defined herein, which have been in existence for three (3) (-t-5-) years or more, or to an incorporated congressionally chartered veterans organization which has been in existence for three (3) ten (I0) years or more. (a) (t0-The licenses issued shall be for sale of intoxicating liquors to club members and guests only. (b)(-c-) The license fee shall be set by Minnesota State Statute .... '--': .... ~"-- annually. No license will be issued unless at the time of application the applicant has paid the license fee in full and a non-refundable investigation fee as set by City Council resolution. Where all applicants are in-state, the investigation fee will be $500; where any applicants are out of state, the investigation fee shall be $2,000. If the investigation fee for in-state or out of state applicants exceeds the minimum fee, the additional costs of the investigation will be billed to the applicant(s). Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the City Council, the City Council Minutes September 11, 2000 Page 23 s.s02(2) license fee shall be refunded to the applicant. In any case, the investigation fee will be non-refundable. All licenses shall expire on the last day of December of each year. Any club as defined herein, may make application for such license. The application shall be made with the Clerk and shall contain the following information in addition to on a form fromu~D,~l j ..... luau:'- A J t:ry the Minnesota Liquor Control Commissioner: (a) Name and address of club. 1) Date of and copy of Certificate of Incorporation of club or other documentation of legal status. (d)(c) Ce~ified copy of the By-Laws of the club, including therein a definition of the word "member". (e)(d) A list of the membership. (~(e) A copy of the Cha~er, if any. ~J(0 List of corporate officers,~.~-~- ] Board of Directors and manager. OJ ~ ~U~ UI I~DUIULIUII UI LII~ ~IUU ~UIIILIII~ ~ ~1 DUll LU U~ 111 lull ~11~1~ UI II~UUI U~I ~LIUII. (~)~Copy of Lease A~reement or ~tatement of Ownership of premises occupied by the applicant. (h)~A statement as to whether or not real estate~.~-~- ] ~,~.~1 propei~y taxes and local assessments for ~ the premises to be licensed are ~lly paid, and if not paid, the years and amounts which are unpaid of delinquency. (i)~Executed signature of an officer of the corporation. 0) Full legal name of applicant and applicants spouse, place and date of birth, street address of residence and length of time at that address of the applicant and applicant's spouse; and any other information deemed City Council Minutes September 11, 2000 Page 24 10\ I tx\ 5.502(3 and 4) 5.5o2(3s) 1) 2) 3) necessary by the City Council or issuing authority. Repealed 11/23/89 Ordinance 1190. At the time of filing an application for any on-sale intoxicating liquor license, the applicant shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution. The licensee and the City shall be named as joint insured on the liability insurance policy. The policy shall be effective for the entire license year or term of license. Proof of financial responsibility may be provided by supplying to the Clerk any of the following items: A certificate that there is in effect for the license period an insurance policy providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of bodily injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; or A bond of a surety company with minimum coverages as provided in Section 5.502(5)(a), or A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100,000 in cash or securities that may be legally purchased by savings banks or trust funds having a market value of $100,000. 5.502(4) The operation of an intoxicating liquor license without having on file at all times with the City the liability insurance policy or other evidence of financial responsibility required herein shall be grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation and unless evidence of compliance with the financial City Council Minutes September 11, 2000 Page 25 responsibility requirements of this section are presented to the Clerk before the termination is effective, the license will be revoked instantly upon the lapse in coverage. Any liability insurance required by this section must provide that it may not be canceled for: (a) Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling party has first given thirty days' notice in writing to the issuing authority of intent to cancel the policy; and (b) Nonpayment of premium unless the canceling party has first given ten days' notice in writing to the issuing authority of intent to cancel the policy. s.so2($6) All applications shall be referred to the Chief of Police. The Chief of Police or his/her designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The application shall also be referred to the Chief of the Fire Department, the Building Official and the City Planning and Zoning Department for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the City Council, at which time the application for a license shall be considered. Opportunity shall be given to any person to be heard for or against the granting of the license at a public hearing. The City Council may accept or reject the license application in its discretion upon completion of the public hearing. Each license shall be issued to the applicant(s) only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. s.so2(67) City Council Minutes September 11, 2000 Page 26 No license shall be issued to any applicant for a location within 300 feet of any school or church, unless such license has been previously approved when no school or church was so situated. s.s02(?s) Clubs which are licensed pursuant to the provisions of this section shall be subject to the following regulations: No sales of any intoxicating or non-intoxicatingIIIO. ILI~llqU~jll: ......... LJI intoxicating liquor may be made (--1-) between 1:00 a.m. and 8:00 a.m. on the days of Monday T~icsday through Saturday, nor (-~ between 1:00 a.m. and 12:00 noon on Sunday. 12:,90 2. Sales shall be made only to club members and their guests. 3. Liquor may only be sold at the premises designated in the license. The Clerk shall be notified of any change in the person managing the liquor operations for the club. s.s0i(s ) Any on-sale license issued pursuant to the provisions of this section shall be subject to Section 5.503(11) of this ordinance, may be, ...... ~v u~u'-AJ or City Council Minutes September 11, 2000 Page 27 I. JILJL~UUI~D I. JI~DL~IIL/~U LJ~/ ~J. l~J~. 5.502(9+0) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as per State SECTION 3: Section 5.503 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Intoxicating Liquor Sales which currently reads as follows to wit: SECTION 3 INTOXICATING LIQUOR 5.503(1) Definitions shall be as follows: (a) The term intoxicating liquor shall mean and include ethyl alcohol and include distilled, fermented, spiritous, vinous, and malt beverages containing in excess of 3.2% of alcohol by weight. (b) The terms sale and/or sell mean and include all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law and also include the usual meaning of terms. (c) The term on-sale means the sale of intoxicating liquor by the glass or by the drink for consumption on the premises only. (d) The term off-sale means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold. (e) The terms package or original package means any corked or sealed container or receptacle holding intoxicating liquors. The term hotel means and includes any establishment having a resident proprietor or manager, where, in consideration of payment thereof, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than one hundred (tee) guest rooms with bedding and other usual suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests o on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than one hundred (tee) guests at one time, where the general public are, in City Council Minutes September 11, 2000 Page 28 consideration of payment thereof, served with meals at tables. (g) (i) The term restaurant means any establishment, other than a hotel under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, 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 one hundred fifty (150) guests at one time. At least forty percent (40%) of the annual receipts of the establishment must result from the sale of food. (ii) Any bowling alley with not less than fifteen (15) lanes and with appropriate facilities for the serving of food to not less than thirty (30) persons. Such establishment may include bowling receipts with food receipts for purposes of calculating the sixty percent (60%) food receipt requirement of Section 5.503(11)(p) and may include the area of its bowling lanes in the minimum dining area requirement for purposes of Section 5.503(10)(c). (h) The Twin City Metropolitan Area is defined as being comprises of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties. (i) The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures, or supplies to such establishment; or an interest often percent (10%) or less in any corporation holding a license. A person who receives moneys from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. 5.503 (2) No person except wholesalers or manufacturers to the extent authorized under state license shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this chapter. 5.503(3) Every application for a license shall be verified and filed with the City Clerk. 5.503(4) In addition to the information which may be required by the State Liquor Control Commissioner's form, the application shall contain the following: 1) Whether the applicant is a natural person, corporatiion, partnership, or other form of organization. City Council Minutes September 11, 2000 Page 29 2) 3) Type of license applicant seeks. If the applicant is a natural person, the following information: (i) True name, place and date of birth, and street resident address of applicant. (ii) Whether applicant has ever used or been known by a name other than his true name and, if so., what was such name or names and information concerning dates and places where used. (iii) The names of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant, in such case, a copy of the certification as required by Chapter 333, Minnesota Statutes, certified by the Clerk of the District Court, shall be attached to the application. (iv) Whether applicant is married or single. If married, true name, place of birth, and street residence address of applicant's present spouse. (v) Whether applicant and present spouse are registered voters, and, if so, where. (vi) Street addresses at which applicant and present spouse have lived during the preceding ten years. (vii) Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding ten years. (viii) Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. (ix) Whether applicant or his spouse or a parent, brother, sister, or child of either of them has ever been convicted of any felony, crime, or violation of any ordinance other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. (x) Whether applicant or his spouse, or a parent, brother, sister, or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern, or other business of a similar nature. If so, applicant shall furnish information as to the time, place, and length of time. (xi) Whether applicant has ever been in military service. If so, applicant shall, upon request, exhibit all discharges. (xii) The name, address, and business address of each person who is engaged in Minnesota in the business of selling, manufacturing, or distributing intoxicating liquor and who is nearer of kin to the applicant of his spouse than second cousin whether of the whole or half blood computed by the rules of civil law or who is a brother-in-law or sister-in-law of the applicant or his spouse. City Council Minutes September 11, 2000 Page 30 4) 5) 6) 7) 8) 9) If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in Subsection C above. A managing partner or partners shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application; and if the partnership is required to file a certificate as to a trade name under the provisions of Chapter 333, Minnesota Statutes, a copy of such certificate certified by the Clerk of District Court shall be attached to the application. If the applicant is a coproration or other organization and is applying for an on sale license, the following: (i) Name and if incorporated, the state of incorporation. (ii) A true copy of Certificate of Incorporation, Articles of Incorporation or Association Agreement, and By-Laws and if a foreign corporation a Certificate of Authority as described in Chapter 303, Minnesota Statutes. (iii) The name of the manager or proprietor or other agent in charge of the premises to be licensed, the assistant manager(s), the food manager(s), and the beverage manager(s), giving all the information about said person(s) as is required of a single applicant in Subsection C above. (iv) Notwithstanding the definition of interest as given in Section 1, Subdivision ! above, the application shall contain a list of all persons who singly or together with their spouse or a parent, brother, sister, or child or either of them own or control an interest in said corporation or association in excess of five percent or who are officers of said corporation together with their addresses and all information as is required of a single applicant in Subsection C above. The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions, location of buildings, street access, parking facilities, and the locations of distance to the nearest church building and school grounds. An applicant for an on-sale license shall submit a floor plan of the dining room or dining rooms which shall be open to the public, shall show dimensions, and shall indicate the number of persons intended to be served in each of said rooms. If a permit from the federal government is required by the laws of the United States, whether or not such permit has been issued and if so required in what name issued and the nature of the permit. The amount of the investment that the applicant has in the business, building, premises, fixtures furniture, stock in trade, etc., and proof of the source of such money. The names and addresses of all persons other than the applicant who have any financial interest in the business, building, premises, fixtures, furniture, stock in trade; the nature of such interest, amount thereof, terms for payment, or other reimbursement. This shall include but not be limited to any lessees, lessors, City Council Minutes September 11, 2000 Page 31 mortgagees, mortagors, lendors, lein holders, trustees, trustors, and persons who have cosigned notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant. The names, residences and business addresses of three persons of good moral character not related to the applicant or financially interested in the premises or business who may be referred to as to the applicant's character or, in the case of a manager, the manager's character. These referrals shall be residents of the Twin City Metropolitan Area unless either the applicant or the Columbia Heights Police Department can demonstrate to the Council that it would be preferable to have referrals from persons residing outside of Anoka County. Whether or not all real estate and personal property taxes for the premises to be licensed which are due and payable have been paid and if not paid, the years and amounts which are unpaid. Whenever the application for an on sale license to sell intoxicating liquor or for a transfer thereof is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the Building and Inspection Division, no plans need be filed with the License Division. 14) Such other information as the City Council shall require. 5.503 (5) Applications for the renewal of an existing 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 applicant 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. At the earliest practicable time after application is made for a renewal of an on sale license, 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 statement 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 corporation shall file a current Certificate of Authority. 5.503(6) 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. 5.503(7) 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 license 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 application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant. City Council Minutes September 11, 2000 Page 32 1) The fee for an on sale license granted after the commencement of the license year shall be prorated on a daily basis. 2) 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 City Council or upon the date the building is ready for occupancy, whichever is sooner. 3) 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 except as provided by Section 4 of this ordinance. 4) 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 ordinance. The City Council may in its judgment refund a pro rata portion of the fee paid for the unexpired portion of a license fee, when operation of the licensed business ceases not less than one month before the expiration of the license because of: (i) Destruction or damage of the licensed premises by fire or other catastrophe. (ii) The licensee's illness. (iii) A change in the legal status of the municipality making it unlawful for a licensed business to continue. (f) W here a new application is filed as a result of incorporation 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 licensee fee shall be set by Resolution of the Council. In the absence of a Resolution, the annual license fee shall be $5,000.00. 5.503 (8) All applications shall be referred to the Chief of Police for investigation and to such other City Departments as the City Manager shall direct for verification and investigation of the facts set forth in the application and such other pertinent information as the Council, Manager, or Chief of Police shall deem necessary. No license may be issued unless at the time of application the applicant shall have paid an investigation fee as the Council shall set by Resolution. In the absence of any Resolution the fee shall be $500.00. 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 percent 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 license 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 premises previously licensed or a transfer from place to place, the licensee shall pay an additional investigation fee of $100.00. City Council Minutes September 11, 2000 Page 33 Should the City Council find that an investigation is required outside the State of Minnesota, the Council may require an investigation fee of up to $10,000.00 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. 5.503(9) No license shall be granted to or held by any person: A. Under nineteen (19) years of age. B. Who is not of good moral character and repute. C. Who, if an individual, is an alien. Who within fifteen (15) years to the application for such license has been convicted of any willful violation of any law of the United States, the State of Minnesota, or any other State or Territory, or of violation of any local ordinance with regard to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquor. Who within fifteen (15) years prior to the application has had a license under the Intoxicating Liquor Act revoked for any willful violation of the laws or ordinances referred to in this Section. Who is a manufacturer or wholesaler of intoxicating liquor and no manufacturer or wholesaler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor. Who is directly or indirectly interested in any other establishment in the City of Columbia Heights to which an on sale license has been issued under this ordinance. Who is the spouse of a person otherwise ineligible for a license under this ordinance, or who is not the real party at interest or beneficial owner of the business operated, or to be operated, under the license. Who, if the applicant is a partnership, has any partner who would be otherwise ineligible for a license under this ordinance. Who, if a corporation, has an owner of a five or more percent interest who would be otherwise ineligible for a license under this ordinance. Who is or has a proprietor or manager who is otherwise ineligible for a license under this ordinance. A licensee who, at the time of application for renewal of a license, is not a resident of the Twin City Metropolitan Area. Who, in the case of a partnership, at the time of application for renewal, does not have a managing partner who is a resident of the Twin City Metropolitan Area. Who, in the case of a corporation, does not have a manager who is a resident of the Twin City Metropolitan Area at the time of renewal. City Council Minutes September 11, 2000 Page 34 No person shall own an interest in more than one establishment or business within Columbia Heights for which an on sale license has been granted. 5.503(10) Places ineligible for license are as follows: No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Section 340.07 through 340.09. Provided, however, that no such person may have a financial interest in the operation of the business at such location. No on sale license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 3000 square feet or for a hotel that does not have a dining area open to the general public with a total minimum floor area of 2000 square feet. No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. 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 chapter. 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 premises ineligible for renewal of the license. 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. F. No license shall be issued for premises other than a hotel or restaurant. G. No license shall be granted for any premises which does not have a sprinkler system. 5.503(11) Conditions of license shall be as follows: 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. City Council Minutes September 11, 2000 Page 35 Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. 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. E. No on sale licensee shall sell intoxicating liquor off sale. F. No license shall be effective beyond the space named in the license for which it was granted. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by state law. No person under 19 years of age shall be employed in any rooms constituting the place in which intoxicating liquors are sold at retail on sale, except that persons under 19 years of age may be employed 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 intoxicating liquors are sold at retail on sale. No equipment or fixtures in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by state law. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors 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 intoxicating liquor 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 or the original package have been diluted, changed or tampered with. No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or a Federal gambling stamp. No licensee shall keep ethyl alcohol or neutral spirits which are not potable on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. 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 representative of the city at all reasonable times. Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws or partnership agreement, as the case may be, shall be submitted to the City Clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds five percent (5%), City Council Minutes September 11, 2000 Page 36 and shall give all information about said person as is required of a person pursuant to the provisions of Section 4 of this ordinance. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended. A licensed restaurant shall be conducted in such a manner that no less than forty percent (40%) of the business receipts for license year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business receipts attributable to or derived from the serving of foods and intoxicating liquors, no less than forty percent (40%) of the business receipts for a license year is the serving of foods. A bowling alley shall be conducted in such a manner that no less than sixty percent (60%) of the business receipts for the license year shall be derived from the serving of food and from bowling. 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. Provided, however, that charitable gambling and charitable gambling devices shall be permitted only to the extent specifically authorized by resolution of the Council. At the time of application for renewal of an application for an on sale license, the applicant shall submit proof to the City that during the license year immediately preceding the year for which the application is made: A. in case of a restaurant, not less than forty percent (40%) of the gross sales of the establishment for which the on sale license is to be issued was from the serving of food, or in the case of a bowling alley, not less than sixty percent (60%) of the gross sales of the establishment for which the on sale license is to be issued was from bowling receipts and the serving of food. 5.503(12) No sale of intoxicating liquor for consumption on a licensed premises may be made (1) between 1:00 a.m. and 8:00 a.m. on the days of Tuesday through Saturday; (2) between 12:00 midnight and 8:00 a.m. on Mondays; (3) after 1:00 a.m. on Sundays; or (4) between 8:00 p.m. on December 24 and 8:00 a.m. on December 25. 5.503(13) No sale of intoxicating liquor 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 intoxicating liquor 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. City Council Minutes September 11, 2000 Page 37 5.503 (14) Restrictions on purchase and consumption are as follows: No licensee, his agent, or employee shall serve or dispense upon the licensed premises any intoxicating liquor or nonintoxicating malt liquors 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 any such liquors 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 such liquors. No person under 19 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor or nonintoxicating malt liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor or nonintoxicating malt liquor for the purpose of purchasing or having served or delivered to him for consuming any such intoxicating liquor or beer nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him any intoxicating liquor of beer. C. No person under 19 years of age shall receive delivery of intoxicating liquor. No person shall induce a person under the age of 19 years to purchase or procure or obtain intoxicating liquor or nonintoxicating malt liquor. Proof of age for purposes of consuming, purchasing, or possessing an alcoholic beverage the consumption, sale or possession of which is regulated by age may only be established by a valid driver license or a current non-qualification certificate issued pursuant to Minnesota Statutes, Section 171.07. Any person who may appear to the licensee, his employees, or agents to be under the age of 19 years shall upon demand of the licensee, his employee, or agent produce and permit to be examined his driver license or current nonqualification certificate which shall be imprinted by the licensee on forms described in Subdivision h hereof. Such imprintation shall be prima facie evidence that the licensee, his agent or employee, is not guilty of a violation of the above provisions and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. The above imprintation shall be made by means of a mechanical device capable of leaving a true and identical copy of the raised printing on the driver license or nonqualification certificate and shall not be merely a handwritten transcription of the license or certificate. The form upon which the imprintation is to be made shall be furnished at cost to the licensees and may be used as evidence in any prosecution and by the City Council in any proceeding before the Council or a committee thereof relating to the business or operations of the licensee. Such forms shall be kept on file by the licensee for a period of one year after imprintation. The form shall consist of a statement of age, driver license number or nonqualifying certificate number. The following statements shall appear on the form and shall be read and signed, dated and witnessed: "Read carefully before signing: M.S.A. 360.731: "It shall be unlawful for any person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any licensee or any employee of any licensee or any employee of any municipal liquor store to sell, serve, or deliver any alcoholic beverage to a minor". "M. S.A. 340.035: "It shall be unlawful for any minor to misrepresent his age for the purpose of obtaining nonintoxicating malt liquor." "I, by witness of my signature affixed, do City Council Minutes September 11, 2000 Page 38 hereby declare that I am 19 years of age or over and that the driver license or age credentials presented by me before signing this statement for the purchasing of beer or liquor belong to me and no other person". No person shall give, sell, procure, or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. No person shall mix or prepare intoxicating liquor 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. K. No intoxicating liquor shall be sold or consumed on a public highway or in an automobile. 5.503 (15) Every applicant and licensee must file and maintain proof of financial responsibility with the city Clerk as follows: 1) A certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of bodily injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; 2) A bond of a surety company with minimum coverages as provided in Section 5.503 (15)(a), or 3) A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100,000 in cash or securities that may be legally purchased by savings banks or trust funds having a market value of $100,000. This section does not prohibit an applicant or licensee from posting limits higher than those required under this section in combination with other insurance coverage. The applicant and licensee must provide an annual aggregate policy limit dram shop insurance of not less than $300,000 per policy year. 4) Any insurance certificates or policies filed with the City shall provide that the insured or insurer may not cancel the policy, certificate or other coverage unless the canceling party has first given not less than 30 days written notice to the City of its intent to cancel the policy. Any certificate or policy posted in accordance with this section must show the names of the insurance company and agency, policy number, and policy expiration date. Receipt by the City of a notice of expiration of required insurance or certificates or of entry into the final 30 days of the term of any required policy or certificate without a renewal or other complying policy being filed with the Clerk shall result in the immediate revocation or suspension of the license. 5.503 (16) The City Council may suspend or revoke any intoxicating liquor license for the violation of any provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds for mandatory revocation, and shall revoke for failure to keep the insurance required by Section 15 in full force and effect. Except in the case of a suspension pending a hearing on revocation, nonmandatory revocation or suspension City Council Minutes September 11, 2000 Page 39 by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. 5.503 (17) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred ($500.00) Dollars and imprisonment for not more than 90 days. SHALL HEREBY BE AMENDED TO READ AS FOLLOWS: SECTION 3 INTOXICATING LIQUOR LJI .J.~/O LJI (:tlL~LJIILJI LJ.y 11117 L[71111 LJII-D(:tI[7 lll[7(:tllD LII[7 D(:tl[7 LJI IIILLJ~_IL~(:tLIII~ IILtULJI U~ LII[7 ~l(:tDD LJI U~ LII[7 U11111~ ILJI L~LJIIDUIII}JLILJII LJII LII[7 l~Jl [711113[73 LJlll.y. 11117 L[71111 LJII-D(:tI[7 lll[7(:tllD LII[7 D(:tl[7 LJI IIILLJ~_IL~(:tLIII~ IILtULJI 111 LII[7 LJII~III(:tl }J(:tL~l~(:t~[7 City Council Minutes September 11, 2000 Page 40 5.503 (1E) No person, except wholesalers or manufacturers to the extent authorized by State Statute license, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this chapter. On-sale intoxicating liquor licenses may be issued to the following establishments: Be C. D. E. hotels; restaurants with minimum seating for 150 guests at one time and a dining area with a minimum floor area of 3,000 square feet; bowling centers with not less than fifteen lanes and with appropriate facilities for the serving of food to not less than 30 persons; clubs or congressionally chartered veterans organizations, with the approval of the commissioner, provided that the organization has been in existence for at least three (3) years; liquor sales only to members and bona fide guests. 5.503(2) On sale intoxicating liquor licenses shall be granted to establishments that derive at least City Council Minutes September 11, 2000 Page 41 sixty percent (60%) of the annual gross receipts from the sale of food. A hotel shall have a dining area providing seating for at least 75 guests at one time and a minimum of ten guest rooms, and of that part of the total business receipts attributable to or derived from the serving of foods and intoxicating liquors, no less than 60% of the business receipts from a license year must be attributable to the sale of food. A bowling center shall be conducted in such a manner that no less than sixty percent (60%) of the business receipts for the license year shall be derived from the serving of food and bowling. 5.503(3) A restaurant which contains a minimum of 3,300 square feet of building area located on the same floor with minimum seating for 150 guests at one time and a combined waiting and dining space with a minimum floor area of 2,000 square feet may make application for a Limited Intoxicating Liquor License provided that the premises does not contain an elevated counter, commonly known as a bar and meets the 60% requirements of 5.503(2). The annual license fee shall be set by resolution of the City Council. In the absence of a resolution, the license fee shall be $5500.00. 5.503(4) No license shall be granted for any premises which does not have a sprinkler system. 5.503(35) Every application for a license,.,,~-'- A,, be ..... v ~ ,,~,,:~'AJ ,,,,,A--J .,~,,~-'A] ---:"-~wL. "--,~,~,~y'~:'--,~'~' --'-,.. to sell intoxicatin g liquor on-sale shall be made on a form supplied by the City. Applications shall be filed with the Clerk. It shall be unlawful to make any false statement in an application. By submitting an application, the applicant consents to any and all investigations the City deems appropriate and waives any claims the applicant may have. Copies of the application shall be submitted to such other City departments as the City Council shall deem necessary for verification and investigation of the facts set forth in the application. 5.503(46) In addition to the information which may be required b7 on the State Liquor Control Commissioner's form, the on-sale intoxicating liquor license application shall contain the following information: A. Type of license applicant seeks. (a) (b) Whether the applicant is a natural person, corporation, partnership, or other form of organization. II LII[70~I. JI. JIIL, O~IIL ID O~ IIO~LUI O~1 l.J[71 DLJII~ LII[7 ILJIILJWlII~ City Council Minutes September 11, 2000 Page 42 City Council Minutes September 11, 2000 Page 43 e Full legal name of applicant and applicants spouse, place and date of birth, street address of residence and length of time at that address of the applicant and applicant's spouse; and any other information deemed necessary by the City Council or issuing authority. Whether the applicant has ever used or been known by a name other than his/her true name, and, if so, what was such name or names and information concerning dates and places where used. 2. Name of business. e The nature of any other business to be operated in conjunction with the on-sale of intoxicating liquor and whether the applicant is the owner or operator of such other business, and if so, the length of time in such business. e Street addresses at which applicant and current spouse have lived during the preceding ten years. Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding ten years. e Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. e Whether applicant or spouse has ever been convicted of any felony, crime, or violation of any ordinance other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. Se Whether applicant or spouse has ever been engaged as an employee or in operating a bar, saloon, hotel, restaurant, caf6, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place, and length of time. e Whether applicant has ever been in military service. If so, applicant shall attach DD/214 form. City Council Minutes September 11, 2000 Page 44 (a) Ce 11\ 7) S) In the case of corporations, partnerships, or other form of organization, such information relating to the identity of each officer, director and partner as required in 5.503(5)(c). If the applicant is a corporation or other organization and is applying for an on sale license, the following will be required: (1) Name and, if incorporated, the state of incorporation. (2) A true copy of Certificate of Incorporation or other documentation of legal status. An applicant for an on-sale license shall submit a floor plan of the dining room or dining rooms which shall be open to the public, shall show dimensions, and shall indicate the number of persons intended to be served in each of said rooms. Ii (1 [JlIJlllllt Ilk Jill LlllIJ IlIJUlIJl(],l ~kJVlIJlllllllIJllt ID llIJklUlllIJU U)/ LlllIJ I(],WD kJI LlllIJ L.dlIILIIZU OL(],LIIZD, Three character references located within the State of Minnesota. Whether or not all real estateO. IIU-'- 'J ]J~l .......... ~kJll(J, ll prop¢ily taxes and local assessments for the premises to be licensed which are due and payable have been paid and if not paid, City Council Minutes September 11, 2000 Page 45 the years and amounts which are unpaid. (i) Such other information as the City Council shall require. 5.503(57) Applications for the renewal of an existing license shall be made at least a minimum of 60 days prior to the date of the expiration of the license. If, :-- "-- :--J ......... ~'"-- '~:~--'~ ...... :' --- j --] ---~-: .... j uu~mcm At the .... 1: .......... :--LI- time -~'-'- application is made for a renewal of an on sale license, --- ~..:-- any pHu, tv tuc tnuc tuat tuc appnwauuu iS wun**uc, cu uy thc ~,ty ~uuuwn, the a cant shall file with the Clerk a statement 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 5.503(68) If the application is by a natural person, it shall be signed and sworn to by such person; if by a b)/_ .... ~ .... ~1 ...... Z~. :Z~I ....... ~ ...... 1-1.- 1 ........ Z~I ......~ ....... :Z~I .......... : ............ corporation, .. utu~c~ tuc~cut, u uy a pa~tuc~u~p, uy ~uc ~t LUC pa~tuc~, u uy au uun~p~atcu nkcn,c attu vvnu tut nt,utankc pvnkyt ,nan C .muc a.u ~ucu .~ t.c .m.c vt a. ailners, or o er organization, by an authorized representative of the same. 5.503(:79) T : ...... £ .... 1--11 ~--11 ...... ,~,~c.;3c .cc;3 ;3.a. be as ,u.uw;3. No license will be issued unless at the time of application the applicant has paid the license fee in full and a non-refundable investigation fee as set by City Council resolution. In the absence of a resolution, the license fee shall be $6,500; where all applicants are in-state, the investigation fee will be $500; where any applicants are out of state, the investigation fee shall be $2,000. If the investigation fee for in-state or out of state applicants exceeds the minimum fee, the additional costs of the investigation will be billed to the applicant(s). A new application shall be submitted and a license fee and investigation fee paid when there is a change in ownership or control of a licensed corporation. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant. In any case, the investigation fee will be non-refundable. The license fee for an on-sale license granted after the commencement of the license year shall be pro-rated on a monthly basis. All licenses shall expire on the last day of December of each year. City Council Minutes September 11. 2000 Page 46 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 City Council or upon the date the building is ready for occupancy, whichever is sooner. -1-3-)~(b) 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, except as [1) V¥ 1117117 (], II[7W (],}J}JII~(],LILJII ID III[7U (],D (], I~;~UIL UI III~UI}JUI(],LILJII u.y (],11 [72klDLIII~ 11~[711D[717 (]ALU [~.~ · IIG (],IIIIU(],I IIL~GII:)GG IGG :)lid, II UG ;~;L U.~V IkG:)L/IULIL/II L/I LIIG k..L/UIIL~II. 111 LIIG (],Id:)GIIL~G L/I (], Ilk/Ill }Jl(],~[7 Lk3 }Jl(],~[7~ LII[7 11~[711D[717 DII(],II }J(],.y (],11 (],UUILIUII(],I City Council Minutes September 11, 2000 Page 47 5.503(10) All applications shall be referred to the Chief of Police. The Chief of Police or his/her designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The application shall also be referred to the Chief of the Fire Department, the Building Official and the City Planning and Zoning Department for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the City Council, at which time the application for a license shall be considered. Opportunity shall be given to any person to be heard for or against the granting of the license at a public hearing. The City Council may accept or reject the license application in its discretion upon completion of the public hearing. Each license shall be issued to the applicant(s) only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. 5.503(911) No license shall be granted to or held by any person: years ~. Who is less than 21 years of age. B. Who is not of good moral character and repute. vv.,~,, ~..,u,w~,~,, is ~. ~.¢.. Who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. Who has been convicted of a felony or any violation of law of this state or local ordinance relating to the manufacture, transportation or sale of beer, wine, or of intoxicating liquors. V¥ IILJ WlLIIIII IIILgZg711 [ · Jj )/g7(],l D IJIILJI LL~ LIIg7 (],IJIJII~,(],LILJII II(],D ll(],U (], II~,gZIIDg7 UllUg71 LIIg7 IIILLJA_I~,(],LIII~ For the sale of intoxicating liquor on any premises also occupied by a previous licensee who was convicted of a violation of this ordinance or where a license has been revoked by the City Council. City Council Minutes September 11, 2000 Page 48 TT T V¥ IIU~ Ii Lilt (llJIJIIUtllIL 1~ (1 l Jill Llltl ~llllJ~ 11(1~ (lily l Jill Llltl WlIU WUUIU Ut ULIItl Wl~t llltll~lOlt iUI (1 T (k)7) ,.~ u,,..,~.,~t. Who is not the proprietor of the establishment for which the license is issued. 8) 1) Lilt · Will ~.~IL~ IVItLIUIJUIILO~II ~ltO~. V¥ IILJ~ 111 Lilt L~O~Dt UI O~ l. JO~l Llltl Dllll. J~ O~L Lilt Lllllt UI O~I. JI. JIIL~O~LILJII IUI ltlltWO~l~ UUtD IIUL Hart a H~aHa~.~HD~ oa~ tlltl WlIU 1:~ a ~t;:)~UtHt U J-Lilt · WH~ %~ILV iv·ttlUOUlltall Who is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at such place. No license shall be issued to any applicant for a location within 300 feet of any school or church, unless such license has been previously approved when no school or church was so situated. City Council Minutes September 11, 2000 Page 49 O. IIkJLIGI LIIO. L UkJIG3 llkJL IIO. VIG O. UIIIIII~ O. IIGO. kJldlGll LkJ LIIIG ~IGIIIGIO. I ldUIdll~ WlLII O. LkJLO. I 5.503(12-H-) On sale intoxicating liquor licenses granted pursuant to the provisions of this section shall be su ect to the following conditions: ,~A._J:.: ..... ~Ii~.3~ _,_A,, be ~3 Every license shall be granted subject to the conditions and provisions of this ordinance and 0 e lkJllkJWlll~ 3UI.JUIVI31kJII3 (],IIU (],11 kJLIIGI 3UI.JUIVI31kJII3 kJl LIII3 kJIUIII(],IIGG (],IIU 0 an o er applicable ordinances of the City or State law. B. The license shall be posted in a conspicuous place in the licensed establishment at all times. Any police peace officer, L__:lUU.U..~J:.--- inspector, or any Cml~uycc so uc3~Hatcu u.,v thc ~,-,~ty Manager shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant upon information or belief of a violation of Federal, State or local laws. Business hours shall be deemed any time when licensee or employees are present on the premises. Refusal to permit such inspection is a violation of this ordinance and grounds for revocation of license. 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. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by ordinance, statute, or regulation equally with the employee. E. No on sale licensee shall sell intoxicating liquor off sale. F. No license shall be effective beyond the space named in the license for which it was granted. City Council Minutes September 11, 2000 Page 50 No intoxicating liquor shall be sold or furnished or delivered to any obviously intoxicated person, to any.(tu. Lu(t.'--'-: .... ' u. j ..... u.~(t: .... u,J ~,~ (t-y vc.D,~- u.uc..= yc(t.D ,~t (t~c, or to any person to whom sale is prohibited by state law. No licensee shall permit 18, 19, or 20 year old persons to remain on the premises unless to perform work for the establishment including the sale or serving of alcoholic beverages, consume meals, and attend social functions that are held in a portion of the liq ........ ~ ....'--" establishment where uor is not sold. ~'*-·~ u p¢i-$Oii .... unuc~]-'- 19 y[z(t.D ,~. (t~[z ..~. be -l-0-)~(i)No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors 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 intoxicating liquor 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 or the original package have been diluted, tampered with or changed. Id.y-l(twD ul Id(ti LII[ZI DIIIIJ (t~l [Z[ZIII[ZIIL, (tD LII[Z ~,(tD[Z lll(t.y Id[Z, Dll(tll Id[z DUIdlIIILL[ZU LU LII[Z (tllU Dll(tll ~IV[Z (tll IIIIUlIII(tLIUll (tidUUL D(tlU [J[ZI DUll (tD ID 1 [ZLIUII [ZLt Ul (t [J[ZI DUll [dUI DH(tilL Ci) In the case of corporations, partnerships, or other forms of organizations, when there is a change in officers, directors, or partners, a new application must be submitted. City Council Minutes September 11, 2000 Page 51 I ,-7\ ally aujuuuu~ uuuuul~ (r k) No gambling allowed, nor any gambling device prohibited by law. No LIIG II~GIIhGU ~1 GIIIIDGD9 ~llg IIG DII~II IIUL ~1 IIIIL ~11~ ~IIIUIIII~ LIIGI Gill. [ 1 U VIUGU~ lllllll~glaL~ly l, Jl~glll~ LII~ y~al ILJI WlII~II LII~ a}J}Jll~aLILJll ID lllag~. Lll) 5.503(13-I-2) No sale of intoxicating liquor for consumption on a licensed premises may be made (-t-) between 1:00 a.m. and 8:00 a.m. on the days of Monday Tuesday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday. , t~; ucLwccll .~.,,,, llllUlll~llL allU O."" a.lll. Ull ±ViUllUay~, t~; at~Cl City Council Minutes September 11, 2000 Page 52 127 )/~(TID UI (T~ DII(TII IIIIDI~I, JI~D~IIL IIID ~ I~l LII~ ~UI~D~ ~I ~L~IIIIII~ H~LUA~LH~ H~UU~ U~ HUHH~LUA~LH~ H~L H~UU~ IU~ II~VIII~ D~I V~U ~1 U~IIV~I~U t~ 111111 1~1 ~IIDUIIIIII~ Oily DU~II oily DU~II ~1 DUll ~UI~II~D~ Ott~ttt~t LU ~UI~II~D~ ~UIIDUIII~ UI II~V~ ~IIULII~I 1~1 111111 Oily IIIL~II~LIII~ II~U~I ~1 ~1. 127 )/~(TI D INU I,J~IDUII DII(TII lllUUL~ (T I,J~IDUII UllU~l LII~ (T~ UI 127 )/~(TID LU I, JUIL~II(TD~ UI I, JIUL~UI~ UI ULJL(TIII IIILU2~I~(TLIII~ II~UUI UI IIUIIIIILU2~I~(TtlII~ Ill(Tit II~UUI. (TIIU III(T)/ I,J~; UD~;U (TD ~;VIU~;IIL~; 111 (TII)/ ~11~11 U~ UIII~IUI IUI ~11~ ~1 DUll LU IIIIDI ~lll~l~y~ ~1 Oily IIIUIII~I~I II~U~I City Council Minutes September 11, 2000 Page 53 IN ~J }J[71 D~JII DII(]AI ~IV ~ D[711~ }Jl ~J~UI [7~ ~Jl }JUl ~II(]~D[7 IIIL~JJ~_I~(]~LIII~ II~U~JI L~J ~Jl I~Jl (]Aly }J[71 D~JII 11\ INLJ IIIL~JJ~-I~(]~LIII~-~ IIUU~JI DII(]AI U~ D~JIU ~Jl ~JIIDUIII[TU ~Jll ~ [JUUII~ III~-~II~V(]~¥ ~Jl 111 (:IAI 5.503(14-I-3) At the time of filing an application for any on-sale intoxicating liquor license, the applicant shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution. The licensee and the City shall be named as joint insured on the liability insurance policy. The policy shall be effective for the entire license year or term of license. Proof of financial responsibility may be provided by supplying to the Clerk any of the following items: 12, V [71 ~ (]~}J}Jll~(]Alt (]ALU 11~[711~[717 IIIU~L I~II~IUIIIL~ ~ILII LII~ ~IL~ ~1~1~ ~ I~ll~. 1) A certificate that there is in effect for the license period an insurance policy rrrtx~ providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of bodily injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; or 2) A bond of a surety company with minimum coverages as provided in Section 5.503 (145)(a), or 3) A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100,000 in cash or securities that may be legally purchased by savings banks or trust funds having a market value of $100,000. ~[~1-:· IIID ..... D~LI~JII:-'- U~J~D-1__ II~L ~1 ~III~IL ~11 ~II~IIL ~1 II~IID~ IIIDUI ~11~ ~V~I ~. 1 11~ ~II~IIL ~IIU II~IID~ IIIUDL ~1 ~VIU~ ~11 ~IIIIU~I ~1 ~L~ ~Ull~y IIIIIIL 4) City Council Minutes September 11, 2000 Page 54 5.503(15) The operation of an intoxicating liquor license without having on file at all times with the City the liability insurance policy or other evidence of financial responsibility required herein shall be grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation and unless evidence of compliance with the financial responsibility requirements of this section are presented to the Clerk before the termination is effective, the license will be revoked instantly upon the lapse in coverage. Any liability insurance required by this section must provide that it may not be canceled for: (a) Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling party has first given thirty days' notice in writing to the issuing authority of intent to cancel the policy; and (b) Nonpayment of premium unless the canceling party has first given ten days' notice in writing to the issuing authority of intent to cancel the policy. 5.503 (16) The City Council may suspend or revoke any intoxicating liquor license for the violation of any provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds for mandatory revocation, and shall revoke for failure to keep the insurance required by Section 5.503(135-) in full force and effect. =A,~c[,t .~ t.c ,~a,c ora,ualJcua~uu iJcuuu~ fi ucaHu~ uu ~cvuvauuu, Nonmandatory revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. 5.503 (17) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereo shall be punished as per State Statute. by a ..~ ,~..,~L .~,~ ,~,,~ ~.~w ~u.~.~, ~',~/~,./~,./.~,./~,./] IJk./llO. l ;50. IIU lllllJlliSk./lllll~i;llL lk./l llk./L lllk./l ~i; tllO. ll 7U uo%y;5. ECTION 5: Section 5.505 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Limited Intoxicating Liquor Licenses which currently reads as follows to wit: LIMITED INTOXICATING LIQUOR LICENSES 5.5o5(1) The provisions of Sections 5.503(1) through 5.503(17) inclusive, with the exceptions of Sections 5.503(7)(g), 5.503(10)(c), and 5.503(12), are applicable in all respects to all persons licensed or otherwise affected by limited intoxicating liquor licenses except as is otherwise herein specifically provided. City Council Minutes September 11, 2000 Page 55 5.505(2) The annual license fee for limited intoxicating liquor licenses shall be set by resolution of the council. In the absence of a resolution, the annual license fee shall be $5,400.00. 5.503(3) No sale of intoxicating liquor for consumption on the premises licensed under this section may be made (1) before 8:00 a.m. on any day; (2) after 11:00 p.m. on any day; (3) on Sundays; or (4) between 8:00 p.m. on December 24 and 8:00 a.m. on December 25. 5.505(4) No license shall be granted under this section for a restaurant that: (a) (b) (c) (d) Contains less than 3,300 square feet of building area located on the same floor; Contains a combined dining and waiting area of less than 2,000 square feet; Contains a seating capacity open to the general public of less than 150 seats; or Contains an elevated counter, commonly known as a bar, the primary purpose of which is used as a place where persons may purchase and consume intoxicating liquor. 5.505(5) No license shall be granted under this section for the sale of any intoxicating liquor except in conjunction with a food purchase. No person shall sell or purchase intoxicating liquor on premises licensed under this section except in conjunction with a food purchase. 5.505(6) Any person violating any provision of this Section 5.505 of this Code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 and imprisonment for not more than 90 days. SHALL HEREAFTER BE REPEALED. SECTION 6: Section 5.506 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Sunday Intoxicating Liquor Sales which currently reads as follows to wit: 5.506(1) Establishments to which on-sale licenses have been issued or hereafter may be issued, pursuant to Sections 5.503 or 5.505 may serve intoxicating liquors between the hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food, provided that such establishment is in conformance with the following, to-wit: (a) (b) (c) the Minnesota Clean Indoor Air Act; the licensing provisions of Sections 5.503 and 5.505; the applicant is not in violation of any provision of this Code. 5.506(2) No person, firm or corporation shall sell or serve, directly or indirectly, intoxicating liquors pursuant to Section 5.506(1) without having first obtained a special license pursuant to this section. City Council Minutes September 11, 2000 Page 56 5.506(3) A Sunday liquor license may be issued only for a one (1) year period coinciding with the dates of applicant's other license, for a fee of $200.00. If Minnesota Statute #340.14, Subd. 5(b) is amended to allow charging a fee in excess of $200.00, the Council may, by resolution, charge a fee in excess thereof. 5.506(4) Any license granted hereunder may be revoked for cause or for any violation of Sections 5.503 or 5.505. 5.506(5) The provisions of Minnesota Statute #340.112 shall apply to Sunday liquor licenses. 5.506(6) No license to serve intoxicating liquor on Sunday shall be granted under this chapter unless the applicant makes application pursuant to Section 5.503 of this Code. 5.506(7) The provisions of Sections 5.503(17) and 5.505(6) shall apply to any person, firm or corporation selling or serving beverages in violation of this section. SHALL HEREAFTER READ AS FOLLOWS: 5.506(1) Establishments to which on-sale licenses have been issued or hereafter may be issued, pursuant to Sections 5.502 and 5.503(1.,~A--J 5.5,95 may serve intoxicating liquors between the hours of 10:00 a.m. and ........·~.,,,,..u.~.1`:J--:-' ..... ,~. ou.~(1y;3° .... ~ .... 1:00 A.M. on Mondays in conjunction with the serving of food, provided that such establishment is in conformance with "-A ~-_,, .... :--- to-wit: the Minnesota Clean,~m~,~T--] .... Air Act; 5.506(2) No person, firm or corporation shall sell or serve, directly or indirectly, intoxicating liquors pursuant to Section 5.506(1) without having first obtained a special license pursuant to this section. 5.506(3) A Sunday liquor license may be issued only for a one (1) year period coinciding with the dates of applicant's other intoxicating liquor license, for a fee of $200.00. If Minnesota Statutes" ..... o,~,,~.°--'-] ~"-',;3:- are ~-'~. ·-,~'~w amended to allow charging a fee in excess of $200.00, the Council may, by resolution, charge a fee in excess thereof. 5.506(4) Any license granted hereunder may be revoked for canse or or suspended for any violation of Sections 5.503 or 5.502 .... ink./ llL.,~i;ll;3~i; 1`kJ ;3[;1 V~i; ll11`kJZklL.,(11`llli~ IIkIUkJI kJll OUIIU(1jV LclI(1~/LGI UIIIG;3;3 LIIG (1~/~/IILc(111L 111(11~G;3 (1~/~/llLc(1tlk./ll }JUl City Council Minutes September 11, 2000 Page 57 5.506(7) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as per State SECTION 8: Section 5.508 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Sunday Club Intoxicating Liquor Sales which currently reads as follows to wit: 5.508(1) Establishments to which on-sale licenses have been issued or hereafter may be issued, pursuant to Sections 5.502 may serve intoxicating liquors between the hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food, provided that such establishment is in conformance with the following, to-wit: (a) (b) (c) the Minnesota Clean Indoor Air Act; the licensing provisions of Sections 5.502; the applicant is not in violation of any provision of this Code. 5.506(2) No person, firm or corporation shall sell or serve, directly or indirectly, intoxicating liquors pursuant to Section 5.508(1) without having first obtained a special license pursuant to this section. 5.506(3) A Sunday liquor license may be issued only for a one (1) year period coinciding with the dates of applicant's other license or for such lesser period as is set by resolution of the Council. The license fee shall be set by resolution of the Council. 5.506(4) Any license granted hereunder may be revoked for cause or for any violation of Sections 5.502. 5.506(5) The provisions of Minnesota Statute #340.112 shall apply to Sunday liquor licenses. 5.506(6) No license to serve intoxicating liquor on Sunday shall be granted under this chapter unless the applicant makes application pursuant to Section 5.502 of this Code. 5.506(7) The provisions of Sections 5.502(10) shall apply to any person, firm or corporation selling or serving beverages in violation of this section. SHALL HEREAFTER BE REPEALED. SECTION 10: Section 5.510 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Temporary_ On-Sale Intoxicating Liquor Licenses which currently reads as follows to wit: City Council Minutes September 11, 2000 Page 58 5.510(1) A temporary license for the on-sale of intoxicating liquor in connection with a social event within the City sponsored by the licensee may be issued to a club or charitable, religious, or other nonprofit organization in existence for at least three years as set forth in this section. 5.510(2) The license may authorize the on-sale of intoxicating liquor for not more than three consecutive days, and may authorize on-sales on premises other than the premises the licensee owns or permanently occupies. 5.510(3) The license may provide that the licensee may contract for intoxicating liquor catering services with the holder for a full-year on-sale intoxicating liquor license issued by the municipality. 5.510(4) License applicants shall furnish the information required by Section 5.509(2) of this Code. In addition, the Council may, at its option, require a license applicant to provide the information required by 5.509(3) of this Code. If an applicant has already provided certain required information in conjunction with applying for another license under this Code, the applicant may simply refer to the other information by reference and shall not be required to reproduce all such information if such information is the same. 5.510(5) The application shall be processed in accordance with Section 5.509(5). Provided, however, the police investigation may be waived for any applicant currently licensed under this Chapter. 5.510(6) The Council may accept or reject the license application in its discretion upon completion of the public hearing, subject to the following criteria: 1) No license shall be issued to any applicant who is unable to demonstrate that applicant has permission to use the premises proposed to be licensed on the date(s) for which the license is sought. 2) No license shall be issued to any club who has a member convicted of a violation of any law directly related to the sale, possession, manufacture or transportation of beer or liquor, subject to the provisions of Minnesota Statutes Chapter 364. 3) No license shall be issued unless the applicant shall have made adequate plans and provisions to keep the liquor within the premises and to clean up the premises after conclusion of the event. 4) 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 $200, the license fee shall be $100 per day or portion thereof, and the clean-up deposit shall be $200. The clean-up deposit less the City's cost of clean-up and administration shall be returned to the applicant. 5.510(7) Licenses granted pursuant to the provisions of this Chapter shall be subject to the following conditions: City Council Minutes September 11, 2000 Page 59 No licensee or his agent may sell or permit the sale of intoxicating liquor licensed to be sold under this section between the hours of 1:00 a.m. and 8:00 a.m. on days Monday through Saturday, nor between the hours of 1:00 a.m. and 12:00 noon on Sunday. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premises any intoxicating liquor 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 intoxicating liquor at any time not specifically allowed in such license. 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. All licensees under this section shall maintain the sanitation conditions prescribed by 5.301 that are applicable to the serving of beverages. No person under the age of nineteen (19) years shall be employed on a premises licensed to sell intoxicating liquor "on-sale", to draw or serve intoxicating liquor. No person or customer, other than the licensee and his employees, may remain on any licensed premises after one-half hour after closing. f. No licensee or his agent shall serve intoxicating liquor to a minor. No licensee or his agent shall make or permit a sale of intoxicating liquor to a minor or to any obviously intoxicated person. No licensee or his agent shall permit or allow any person to take intoxicating liquor from the licensed premises without the permission of the Council. No licensee or his agent shall serve intoxicating liquor in any glass or metal container. When an intoxicating liquor license is granted in conjunction with an event at which a carnival is operating, no licensee or his agent shall make any sale of intoxicating liquor to any person who operates any ride or concession at such carnival. 5.510(8) Licenses under this section are not valid unless first approved by the Commissioner of Public Safety. 5.510(9) 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 and imprisonment for not more than ninety (90) days. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: City Council Minutes September 11, 2000 Page 60 5.510(1) 5.51o(2) 5.510(3) 5.510(4) A temporary license for the on-sale of intoxicating liquor in connection with a social event within the City sponsored by the licensee may be issued to a club or charitable, religious, or other nonprofit organization in existence for at least three years as set forth in this section. The license may authorize the on-sale of intoxicating liquor for not more than three four consecutive days, and may authorize on-sales on premises other than the premises the licensee owns or permanently occupies. No more than three four-day, four three-day, six two-day, or 12 one-day temporary licenses, in any combination not to exceed 12 days per year to any one organization or for any one location, within a twelve month period. No more than one temporary license to any one organization or for any one location within any 30-day period. Temporary on-sale licenses are only valid for the dates, times and locations specifically stated on the license. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder for a full-year on-sale intoxicating liquor license issued by the municipality. License applicants shall furnish the information required by Section 5.5,99(2) 5.503(5) of this Code. In addition, the Council may, at its option, require a license applicant to provide the information as follows: (a) Name and address of club/church. (b) Full legal name of person in charge of event if not applicant, spouse's full legal name if applicable; date of birth, residence street address and length of time at that address of person in charge and spouse; and any other information deemed necessary by the City Council or issuing authority. (c) Site plan of the area where sales will occur indicating the size, location and nature of the premises planned to be used along with a depiction of its relationship to the adjacent premises. (d) Certificate of Incorporation. (e) Statement from property owner granting permission to applicant for use of the premises on which the stated activity is proposed. (f) Executed signature of an officer of the club/church. City Council Minutes September 11, 2000 Page 61 5.510(5) 5.510(6) All applications shall be referred to the Chief of Police. The Chief of Police or his/her designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal histo~ inqui~ obtained through the Criminal Justice System and/or a driver's license histo~ inqui~ as recorded by the State Department of Public Safety on the applicant. The application shall also be referred to the Chief of the Fire Department, the Building Official and the City Planning and Zoning Department for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the City Council, at which time the application for a license shall be considered. Opportunity shall be given to any person to be heard for or against the granting of the license at a public hearing. The Council may accept or reject the license application in its discretion upon completion of the public hearing, subject to the following criteria: b.a. No license shall be issued to any ckib organization who's applicant has-a .,~.,u~, been convicted of a felony or any violation of any law of this state or local ordinance d/reetty related to the sale, possession, manufacture or transportation of beer, wine or intoxicating liquor. --'-: ...... ' ......... :-: .... dr. b. No license shall be issued unless the applicant has first paid an application · ~,~-- license fee,,.,~--- ]¢,~,.,-~-1 ........ ~.,~] ..... :~~-- in an amount set by Resolution of the ~1 ....... 1: __~: ~._ ~__ _1__111__ th Council. In the absence of a Resolution, .,~ ~.¢~.~. ~ ..~. ~ .~, e**~ license fee shall be $100 per day or potion thereof.~.~---] ~1__.,~ _1 ........ ] ..... :~ 9 UI~OlI- U~ U~DIL ~11~11 U~ ~. 1 11~ ~l~ll-U~ U~IL 1~ LII~ ~IL~ ~ ~L ~1 ~l~ll-U~ ~llU ,~.~,.~. No license will be issued unless at the time of application the applicant has paid a non-refundable investigation fee as set by City Council resolution. Where all applicants are in-state, the investigation fee will be $500; where any applicants are out of state, the investigation fee shall be $2,000. If the investigation fee for in-state or out of state applicants exceeds the minimum fee, the additional costs of the investigation will be billed to the applicant(s). If the organization holds an existing annual liquor license, an investigation fee need not be collected. Upon rejection of any application for a license, City Council Minutes September 11, 2000 Page 62 S.Sl0(7) or upon withdrawal of an application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant. In any case, the investigation fee will be non-refundable. Licenses granted pursuant to the provisions of this Chapter shall be subject to the following conditions: No licensee or his agent may sell or permit the sale of intoxicating liquor licensed to be sold under this section between the hours of 1:00 a.m. and 8:00 a.m. on days Monday through Saturday, nor between the hours of 1:00 a.m. and 12:00 noon on Sunday. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premises any intoxicating liquor 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 intoxicating liquor at any time not specifically allowed in such license. 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. Business hours shall be deemed any time when licensee or employees are present on the premises. Refusal to permit such inspection is a violation of this ordinance and grounds for revocation of license. l-'~'-'"~'~ uy .~.~,,, L,~L ~ 'wl-'"'-"~'~ L~' ~"~ ~w.~, ~,, ~w~. All sales and consumption of intoxicating liquor must be in a separated and confined area. tiqttrm-. No licensee shall permit 18, 19, or 20 year old persons to remain on the premises unless to perform work for the establishment including the sale or serving of alcoholic beverages. No intoxicating liquor shall be sold or furnished or delivered to any obviously intoxicated person or to any person to whom sale is prohibited by state law. llllllkJl kJl LLJ ~J, ll.y kJLJVlkJgDl.y lllLkJJkl~J, LiZg ldiZl DkJll. City Council Minutes September 11, 2000 Page 63 $.$10(8) $.$10(9) IIILUAIL, CI, LIII~ IILIUIUI LU Cl, lly ldGl DUll WlIU UldGl CI, L~D Cl, lly I IUG UI L, UIIL, GDDIUII CI, L DUlL, II At the time of filing an application for any temporary on-sale intoxicating liquor license, the applicant shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution. The licensee and the City shall be named as joint insured on the liability insurance policy. The policy shall be effective for the entire license term. The location of the event and date of the event must be indicated on the Certificate of Insurance. Proof of financial responsibility may be provided by supplying to the Clerk any of the following items: a. A Certificate that there is in effect for the license period an insurance policy providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; or b. A bond of a surety company with minimum coverages as provided in $.$10(8)(a); or c. A certificate of the State Treasurer that the licensee has deposited with that office $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. Any liability insurance required by this section must provide that it may not be canceled for: (a) Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling party has first given thirty days' notice in writing to the issuing authority of intent to cancel the policy; and (b) Nonpayment of premium unless the canceling party has first City Council Minutes September 11, 2000 Page 64 s.slo(129) given ten days' notice in writing to the issuing authority of intent to cancel the policy. The operation of a temporary on sale intoxicating liquor license without having on file at all times with the City the liability insurance policy or other evidence of financial responsibility required herein shall be grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation and unless evidence of compliance with the financial responsibility requirements of this section are presented to the Clerk before the termination is effective, the license will be revoked instantly upon the lapse in coverage. Licenses under this section are not valid unless first approved by the State of Minnesota Commissioner of Public Safety. Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as per State