HomeMy WebLinkAboutOrdinance 1416ORDINANCE NO. 1416
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE
AMENDMENT OF CERTAIN SECTIONS OF THE LICENSING REQUIREMENTS OF THE CITY.
The City of Columbia Heights does ordain:
Chapter 5, Article 5, Ordinance No. 853, City Code of 1977, is hereby amended to add the following:
5.500 DEFINITIONS OF TERMS:
Alcoholic Beverage: Any beverage containing more than one-half of one percent alcohol by volume.
Beer: "Beer" or "3.2 percent malt liquor" means any malt beverage with an alcoholic content of more
than one-half of one per cent by volume and not more than three and two-tenths percent by
weight.
Bono Fido Club or Club: An incorporated organization organized under the laws of the State for civic, fraternal,
social, or business purposes, for intellectual improvement, or for the promotion of sports, a church physically located
within the City, or a congressionally chartered veterans' organization, which:
1. Has more than 30 members;
2. Has owned or rented a building or space in a building for more than one year that is suitable
and adequate for the accommodation of its members;
3. Is directed by a board of directors, executive committee, or other similar body chosen by the
members at a meeting held for that purpose. No member, officer, agent, or employee shall receive
any profit from the distribution or sale of beverages to the members of the club, or their guests,
beyond a reasonable salary or wages fixed and voted each year by the governing body.
The serving of beerlliquQr must be incidental to and not the major purpose of the club.
Distilled Soiritc: Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin and other
distilled spirits, including ali dilutions and mixtures thereof, for nonindustrial use.
Hotel: An establishment where food and lodging are regularly furnished to transients and which has:
1. A dining room serving the general public at tables and having facilities for seating at least 75
guests at one time; and
2. A minimum of ten (lO) guest rooms.
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.Interest: This term 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 establishments or an
interest of ten 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 therefore 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.
IntoxicetinQ LiQuor: Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more
than 3.2 percent of alcohol by weight.
Licensed Promises: The premises described in the approved license application. In the case of a restaurant, club,
or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, "licensed
premises" means the entire golf course except for areas where motor vehicles are regularly parked or operated.
Malt Liquor: Any beer, ale, or other beverage made from malt by fermentation and containing not less than one-
half of one percent alcohol by volume.
Manufacturer: A person who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying,
blending, or by the combination of different materials, prepares or produces intoxicating liquor for sale.
Minor: A person less than eighteen (18) years of age.
Off Sale: The sale of alcoholic beverages in original packages for consumption off or away from the licensed
premises only.
On Sale: The sale of alcoholic beverages by the glass or by the drink for consumption on the licensed premises
only.
Oriqinal PQckuoe: A sealed or corked container in which the liquor is placed by the manufacturer.
Person: The term "person" includes a natural person of either sex, a partnership, a corporation or association of
persons, and the agent or manager or employee of any of the aforesaid. The singular includes the plural, and the
masculine pronoun includes the feminine and neuter.
Premises The inside of the building itself or the leased space inside a building as submitted on the floor plan
submitted in conjunction with the initial application for license. Outside areas, such as any patios, parking lots or
other areas shall not be included un[ess specifically listed on the license.
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Restaurant: An establishment, other than a hotel, of which the major business is preparing and serving of lunches
or meals at tables to the general public to be consumed on the premises.
Retail: Sale for consumption.
SalalSall: These terms shall mean and include all barters and all manners or means of furnishing intoxicating
liquor(s) as herein described.
Wbolassle: Any sale for purposes of resale.
Wholesaler: A person who sells alcoholic beverages to persons to whom sale is permitted from a stock maintained
in a warehouse in the state.
Wine: The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and
carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound,
ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing
not less than one-half of one percent nor more than 14 percent alcohol by volume for nonindustrial use. Wine does
not include distilled spirits.
SECTION 1:
5.501(1)
5.501(2)
5.501(3)
Section 5.501 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of 3.2
Malt LiQuor which currently roads as follows to wit:
No person shall sell, or offer for sale any non-intoxicating malt liquor without a license issued
pursuant to the provisions of this chapter. For purposes of this section, the definitions prescribed
by 4.401(2) shall govern in the interpretation of such words found herein.
License applications under this section shall include a statement providing:
(a)
(b)
(c)
(d)
(e)
(h)
The name, address and age of the applicant,
The applicant's citizenship and residency,
Three character references,
The nature of any other business to be operated in conjunction with the sale of beer,
Whether the applicant is the owner or operator of such other business, and if so, the
length of time in such business,
Whether the application is for an "on-sale" or "off.sale" license,
In the case of corporations and partnerships, such information relating to the identity of
each shareholder and partner as the Council may request, and
Such other information as the Council may request.
"On-sale" licenses under this section shall only be granted in conjunction with the following
businesses: drug stores, restaurants, hotels, bona fide clubs, and establishments for the sale of
non-intoxicating malt beverages, cigars, cigarettes, all forms of tobacco, beverages, and soft
drinks at retail.
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"Bona fide Club" as used herein is defined as any organization organized for
social or business purposes or for intellectual improvement, or for the promotion
of sports, where the serving of such liquors is incidental to and not the major
purpose of the club.
5.501(4)
The Clerk shall refer the application to the Chief of Police for an investigation of whether the
applicant has any criminal record, and a report thereon. The application shall also be referred to
the Chief of the Fire Prevention Bureau and the Building Inspector for a report indicating whether
said premises are in compliance with applicable ordinances and regulations. A public hearing shall
then be held before the Council, at which time the application for a license shall be considered.
5.501(5)
The Council may accept or reject the license application in its discretion upon completion of the
public hearing, subject to the following criteria:
(a) No license shall be issued to any minor.
(b)
No license shall be issued to any applicant who does not have a primary possessory
property interest in the premises or location for the sale of non-intoxicating malt liquor.
(c)
No license shall be issued to any person convicted of a violation of any law directly
related to the sale, possession, manufacture or transportation of liquor or beer, subject
to the provisions of Minnesota Statutes Chapter 364.
(d)
No license shall be issued to any corporation or partnership unless each shareholder and
partner therein would be individually eligible and qualified for said license.
(e)
No license shall be issued to any applicant for the sale of non-intoxicating malt liquor on
any premises also occupied by a previous licensee who was convicted of a violation of
this chapter or where a license has been revoked by the Council within the last six
months.
(f) No license shall be issued to any beer manufacturer.
(g)
No license shall be issued to any applicant for a location within 300 feet of any public
school or church, unless such license has been previously approved when no school or
church was so situated.
(h)
Licenses shall only be issued to qualified corporations or organizations, or to United
States citizens who are residents of the State of Minnesota.
(i) No license shall be issued to any person who is not of good moral character.
(j) No license shall be issued to any person who is also the owner and holder of a federal
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retail liquor dealers special tax stamp for the sale of intoxicating liquor at any place
unless there has also been issued to such person a license to sell intoxicating liquor
pursuant to the laws of Minnesota.
5.501(0)
Licenses granted pursuant to the provisions of this chapter shall be subject to the following
conditions:
(a)
No gambling, nor any gambling device prohibited by law shall be permitted by the licensee
in the licensed premises, except for charitable gambling and charitable gambling devices
only to the extent specifically authorized by resolution of the Council.
(b)
All licensees under this section shall maintain the sanitation conditions prescribed by
5.301 that are applicable to the ~erving of beverages.
(c)
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.
(d)
rdo licensee or his agent may sell or permit the sale of beer licensed to be sold under this
section between 1:00 a.m. and 8:00 a.m. on the days of 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
beer between the hours of 1:30 a.m. and 8:00 a.m.
(e)
No licensee or his agent shall permit the consumption of intoxicating liquor on the
licensed premises, or the use of soft drinks to be used for mixing with intoxicating
beverages, unless said licensee has an intoxicating liquor license.
(f)
No club shall sell beer to persons other than members and guests in the compariy of
members.
(g)
No person under the age of nineteen shall be employed on a premises licensed to sell beer
"on-sale", to draw or serve beer.
(h)
No person or customer, other than the licensee and his employees, may remain on any
licensed premises after 1:30 a.m.
(i) No licensee or his agent shall serve beer to a minor.
(j)
No licensee shall permit an employee to continue to work on the premises for a period of
ten days upon a first conviction for a violation of any provisions described herein, and for
a period of one year upon a second conviction.
(k) No licensee (?r his agent shall make or permit a sale of beer to a minor.
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(I)
No licensee shall permit minors to remain on the premises unless the licensee shall derive
no more than twenty percent (20%) of its gross revenues generated on the licensed
premises from the sale of beer and (i) unless the licensee allows seating only at booths
and tab]es and unless the licensee has a minimum seatin0 capacity for at least 100
persons, or (ii) un[ess the premises are those of a bona fide club.
5.501(7)
The Council shall mandatorily suspend the license of any person for a period of ten days upon a
finding by the Council of a violation of 5.501(6)(e).
5.501(8)
In any place licensed for "on-sales" the non-intoxicating malt liquor sold shall be served and
consumed at tables in the dining or refreshment room of the cafe, restaurant, hotel or club, and
shall not be consumed or served at bars; provided the same may be served at counters where food
is regularly served and consumed. All windows in the front of any such place shall be of clear
glass, and the view of the whole interior shall be unobstructed by screens, trimmings, curtains,
booths or partitions from a point five feet above the sidewalk line. There shall be no partition,
box, stall, screen, curtain or other device which shall obstruct the view of any part of said room
from the general observation of persons in said room; provided, however, that partitions,
subdivisions or panels not higher than forty-eight inches from the floor shall not be construed as in
conflict with the foregoing; and provided, however, such license shall entitle the holder thereof to
serve non-intoxicating malt liquors in a separate room of such restaurant to banquets or dinners at
which are present not less than six persons.
5.501(9)
"Bona fide clubs" which provide seating for fifty (50) or more persons, either at tables or in
spectator areas, are exempt from the requirements of Section 5.501(6) to the extent that minors
may remain on the premises with the permission of the licensee and exempt from the requirement
of Section 5.501 (8).
5.501(10) Every applicant and licensee shall provide insurance in accordance with Section 5.503(15).
5.501(11) Section 5.501(10) is not applied to licensees who by affidavit establish that:
(a) They are on-sale non-intoxicating malt liquor licensees with sales of less than t~10,000.00 of
non-intoxicating malt liquor for the preceding year, or
(b) They are off-sale non-intoxicating malt liquor licensees with sales of less then $20,000.00 of
non-intoxicating malt liquor sales for the preceding year.
SHALL HEREAFTER BE REWRITTEN AND AMENDED TO READ AS FOLLOWS:
Section 1 - 3.2 PERCENT MALT LIQUORS [BEER)
5.501(1) License Required. No person, except the holC,,r of intoxicating liquor licenses, wholesalers and
Page 7
manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer
for sale, any beer within the City of Columbia Heights without first having received a license as hereinafter
provided. Licenses shall be of three kinds: (1) Retail "On-Sale" 3.2 Beer; (2) Retail "Off-Sale" 3.2 Beer; and (3)
Retail Temporary "On-Sale" 3.2 beer.
5.501 (2) "On-Sale" 3.2 beer licenses may be granted only to bona fide clubs, bowling establishments, restaurants
and hotels where food is prepared and served for consumption on the premises or to the City of Columbia Heights
for municipal facilities and events. "On-sale" 3.2 beer licenses shall permit the sale of beer for consumption on the
premises only.
5.501(3) "Off-sale" 3.2 beer licenses shall permit the sale o,f 3.2 beer at retail in the original package for
consumption off the premises only.
5.501(4) "Temporary on-sale" 3.2 beer licenses may be granted to clubs, charitable, religious, or nonprofit
organizations, or to the City of Columbia Heights for municipal facilities and events only. "Temporary on-sale 3.2
beer licenses shall be subject to any special terms and conditions as the City Council may prescribe. 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.
5.501(5) Every application for a license to sell beer 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 investioation of the facts set forth in the application.
5.501(6) Applications for beer licenses shall state the following:
(a) Whether the applicant is a natural person, partnership, corporation or other form of organization;
Full legal name of applicant and applicants spouse, place and date of birth, street residence address 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.
(c) Three character references.
(d)
The nature of any other business to be operated in conjunction with the sale of beer and whether the
applicant is the owner or operator of such other business, and if so, the length of time in such business.
(e) In the case of corporations, partnerships, and other organizations, such information relating to the identity
of each officer, director and partner as required in 5.501(§)(b).
Page 8
5.501(7) In the case of temporary beer applications, the application shall include the requirements as stated in
5.501 (6) as well as the following information:
(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.
5.501(8) 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. An investigation fee as set by City
Council resolution shall accompany each application. The application shall also be referred to the Chief of the Fire
Department, the Building Official and the City Planning and Zonin9 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.
5.501(9) 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.
5.501(10) For temporary on-sale licenses, if the event is postponed because of weather, the city manager or his
designee has the authority to change the effective dates of the license, as long as the total amount of hours
approved by the city council does not change.
5.501(11) No license shall be granted to any person:
(a) Who is under 21 years of age.
(b) Who has been convicted of a felony, or any law of this state or local ordinance relating to the
manufacture, transportation or sale of 3.2 percent malt beer or of intoxicating liquors.
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(c)
For the sale of 3.2 percent malt liquor on any premises also occupied by a previous licensee who was
convicted of a violation of this ordinance.
(d) Who is a manufacturer of beer or who is interested in the control of any place where beer is manufactured.
(e)
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.
(f) Who is not of good moral character and repute.
(g)
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.
(h)
Who is not the proprietor of the establishment for which the license is issued. In the case of a temporary
beer license, no license shall be issued to any applicant who is unable to demonstrate that the applicant has
permission to use the premises proposed to be licensed on the date(s) for which the license is sought.
(a)
rdo 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.
5.501(12) Licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions:
(a) No gambling, nor any gambling device allowed that is prohibited by law.
(b)
All licensees under this section shall allow the business premises to be inspected by police or health
officials at any time.
(c)
No sale of 3.2 percent malt liquor (beer) may be made between 1:00 a.m. and 8:00 a.m. on the days of
Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday.
(d)
No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display
of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with
intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima
facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for
the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being
permitted to be consumed or displayed contrary to this ordinance.
(e)
No person under eighteen (18) years of age shall be employed on the premises, except that persons under
eighteen (18) years of age may be employed as musicians, bus boys and kitchen help.
(f)
No person or customer, other than the licensee and his employees, may remain on any licensed premises
after 1:30 a.m.
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(g) No licensee or his agent shall serve beer or permit the sale of beer to any person under 21 years of age.
Ih)
Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of
sobriety and order. The act of any employee on the licensed premises authorized to sell beer 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.
fi)
No licensee shall permit 18, 19 and 20 year olds 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 establishment where liquor is not sold.
5.501(13) No license shall be granted for sale on any premises where a licensee has been convicted of any
violation of this ordinance, or of the state beer or liquor law, or where any license hereunder has been revoked for
cause until one year has elapsed after such conviction or revocation.
5.501(14) No "on-sale" license shall be granted for a bona fide club which has not been in operation and eligible to
receive a license for at Feast one year immediately preceding the application for a license.
5.501(15) Each application for a license must be accompanied by the applicable license and investigation fees
payment in full. As stated in Section 5.103(5)(a) "Fees shall not be prorated unless specifically authorized herein,
or by Council resolution, and are not refundable for any reason, including license revocation, suspension, denial or
termination of the licensed activity". The annual fee for an "on-sale" and "off-sale" license shall be as set by City
Council resolution.
No license shall be issued for a temporary beer license unless the applicant has first paid an application fee and a
license fee in an amount set by resolution of the Council. In the absence of a resolution, the application fee shall be
$500 and the license fee shall be $100 per day or portion thereof.
5.501(16) "On-sale" and "Off-sale" licenses shall expire on the last day of December in each year. Each such
license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the
application is made, a license may be issued for the remainder of the year. "Temporary on-sale" licenses are only
good for the dates, times and locations specifically stated on the license.
5.501(17) At the time of filing an application for any on-sale or off-sale 3.2 percent beer 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.
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
850,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000
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because of bodily injury to two or more persons in any one occurrence, 910,000 because of injury to or
destruction of property of others in any one occurrence, 950,000 for loss of means of support of any one
person in any one occurrence, and 9100,000 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 clause (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 9100,000.
5.501(18) Liability Insurance for Temporary On-Sale Licensees. These licensees must provide the same insurance
provided in 5.501(17). The location of the event and date of the event must be indicated on the Certificate of
Insurance.
5.501 (I 9) Any liability insurance required by this section must provide that it may not be canceled for:
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
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.
5.501(20) The operation of an on-sale, off-sale, or temporary on sale beer 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.
5.501(21) Every license shall be granted subject to the conditions and 3rovisions of this ordinance and of other
applicable ordinances of the City or State law.
5.501(22) All licensed premises shall have the license posted in a conspicuous place at all times.
5.501 (23) No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment
licensed to sell at retail contrary to the provisions of Minnesota State Statute 340A.308. No retail licensee and
manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall
receive any benefits contrary to law from a manufacturer or wholesaler of beer and no such manufacturer or
wholesaler shall confer any benefits contrary to law upon a retail licensee.
5.501(24) Any peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee
Page 12
during business hours without a search and seizure warrant and may, in the absence of a license to sell intoxicating
liquor, seize all intoxicating liquors found on the licensed premises. 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.
5.501(25) Any person violating any provision of this section shall be guilty of a misdemeanor.
SECTION 9:
5.509(1)
5.509(2)
5.509(3)
Section 5.509 of Ordinance No. 853, City Code of 1977, pertaining to Sinqle Event Club
Beer Licenses which currently reads a,o follows, to wit:
On*sale licenses for the sale of non-intoxicating malt liquor may be issued to bona fide clubs, as
defined herein, for a single event as set forth in this section.
License
a.
b.
applicants under this section shall include a statement providing the following:
Name and address of club.
Sketch of an area plan depicting the size, location and nature of the premises planned to
be used along with a depiction of its relationship to adjacent premises.
Statement of applicant's plan for policing the premises.
Applicant's plan for preventing the sale of non-intoxicating malt liquor to operators of
rides and concessions, if applicable.
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 in charge's
spouse,
Statement showing applicant's plan for cleaning the premises.
Executed signature of an officer of the corporation.
The Council may, at its option, require a license applicant to include a statement providing the
following:
(a)
(b)
lc)
(d)
(e)
(f)
(g)
Bate of Incorporation of club.
Certified copy of the Articles of Incorporation.
Certified copy of the By-laws of the club, including therein a definition of the word
"member".
A list of the membership.
A copy of the Charter, if any.
List of corporate officers and Board of Directors.
A copy of Resolution of the club appointing o person to be in full charge of liquor
operation.
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5.5O9(4)
5.509(5)
5.509(6)
5.509(7)
(k)
(I)
Description of off-street parking that is available.
Zoning of land on which the proposed activity will take place.
Statement showing that applicant has permission to use the premises on which the
activity is proposed.
Applicant's plan for preventing the sale of non-intoxicating malt liquor to operators of
rides and concessions.
Proof of insurance in accordance with 5.503(15).
"Bona fide club" as used in this section is defined as any organization which meets the criteria of
5.501((3) of this code, 5.502{1), or is a church physically located with the City.
The Clerk shall refer the application to the Chief of Police for an investigation of whether or not
the applicant has any criminal record and report thereon. The application shall also be referred to
the Chief of the Fire Prevention Bureau and the Building Inspector for a report indicating whether
the said premises to he licensed are in compliance with applicable ordinances and regulations. A
public hearing shall then be held before the Council, at which time the application for a license
shall he considered.
The Council may accept or reject the license application in its discretion upon completion of the
public hearing, subject to the following criteria:
la)
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.
lb)
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.
lc)
No license shall be issued unless the applicant shall have made adequate plans and
provisions to keep the beer within the premises and to clean up the premises after
conclusion of the event.
(d)
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 8500.00, the license fee shall be
9100.00 per day or portion thereof, and the clean-up deposit fee shall be 9500.00. The
clean-up deposit less the City's cost of clean-up and administration shall be returned to
the applicant,
Licenses granted pursuant to the provisions of this Chapter shall be subject to the following
conditions:
Page 14
5.509(8)
(al
No licensee or his agent may sell or permit the sale of beer licensed to be sold under this
section between the hours of 1:00 a.m. and 8:00 a.m. on 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 beer between the hours of 1:30 a.m. and 8:00 a.m. Should the Council
decide to additionally restrict the hours of sale in granting the license, no licensee or his
agent may sell or permit the sale of beer at any time not specifically allowed in such
license.
(b)
All licensees under this section shall allow the business premises to be inspected by
police or health officials at any t!me during which the premises are open to the public for
business.
(c)
All licensees under this section shall maintain the sanitation conditions prescribed by
5.301 that are applicable to the serving of beverages.
(d)
No person under the age of nineteen (1 g) years shall be employed on a premises licensed
to sell beer "on-sale", to draw or serve beer.
(el
No person or customer, other than the licensee and his employees, may remain on any
licensed premises after one-half hour after closing.
(fl No licensee or his agent shag serve beer to a minor.
(gl
No licensee or his agent shall make or permit a sale of beer to a minor or to any obviously
intoxicated person.
(h)
No licensee or his agent shall permit or allow any person to take beer from the licensed
premises without the permission of the Council.
(il No licensee or his agent shall serve beer in any glass or metal container.
(j)
When a beer license is granted in conjunction with an event at which a carnival is
operating, no licensee or his agent shall make any sale of beer to any person who
operatas any ride or concession at such carnival.
Any person violating any provision of this section shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished by a fine of not more than $700.00 and imprisonment for not
more than ninety (90) days.
IS HEREBY REPEALED.
Page 15
SECTION 4:
5.504(1)
5.504(2)
Section 5.504 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of
Wine On-Sale which currently reads as follows to wit:
No person except wholesalers or manufacturers to the extent authorized under state license shall
sell or offer for sale any wine without first having received an on-sale wine license issued
pursuant to the provisions of this chapter, or an intoxicating liquor license issued pursuant to this
chapter.
Definitions shall be as follows:
la)
"Intoxicating liquor" and "liquor" means ethyl alcohol, distilled, fermented, spiritous,
vinous, and malt beverages conta, ining in excess of 3.2% of alcohol by weight.
lb)
"Sale" and "sell" and "sold" means all barters for pecuniary gain, or all manner and
means of furnishing wine in violation or evasion of law.
lc)
"Off-sale" means the sale of wine in original packages in retail stores for consumption off
or away from the premises where sold.
(d) "On-sale" means the sale of wine for consumption on the premises only.
(e)
"Package" or "original package" means any container or receptacle holding liquor, which
container or receptacle is corked or sealed.
(f) "Minor" is a person less than nineteen {19) years of age.
(g) "Hotel" shall be defined as provided in Section 5.503(1)(f).
(h) "Interest" shall be defined as provided in Section 5.503(I)(i).
(i)
The term, "on-sale wine license", means a license authorizing the sale of wine and non-
intoxicating malt liquor for consumption on the licensed premises only in conjunction with
the sale of food.
(j)
The term, "restaurant" when used in connection with "on-sale wine licenses" means an
establishment, other than a hotel, under the control of a single proprietor or manager,
having appropriate facilities for and the primary purpose of the serving of meals prepared
on the licensed premises, and where, in consideration of payment therefore, meals are
regularly served at tables to the general public, and which employs an adequate staff to
provide the usual and suitable service to its guests. Such establishment shall have
facilities for seating not less than 75 guests at one time.
At least eighty percent (80%) of annual gross receipts of the establishment must result
from the sale of food.
Page 16
5.504(3)
5.504(4)
5.504(5)
5.504(6)
Such establishment shall not have a facility, the primary purpose of which is the selling
and serving of non-intoxicating malt liquor or wine, where persons purchase or consume
or are served non-intoxicating malt liquor or wine at an elevated counter, commonly
known as a bar.
(k)
"Wine" means a beverage containing not more than fourteen percent (14%) of alcohol by
volume and made by the fermentation of grapes, grape juice, other fruits or honey.
Every application for a license shall be verified and filed with the City Clerk. No license may be
issued unless at the time of application the applicant shall have paid an investigation fee as the
Council shall set by resolution, the fee shqll be 8250.00. 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 licensee without change of ownership, control and interest in the premises or license.
At any time that an additional investigation is required because of an alteration, enlargement, or
extension of premises previously licensed or a transfer from place to place, the licensee shall pay
an additional investigation fee of 8100.00.
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 82000.00 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.
In addition to the information which may be required by the State Liquor Control Commissioner's
form, the on-sale wine license application shall contain the information as provided in Section
5.503(4).
All on-sale wine license applications shall be referred to the Chief of Police for an investigation of
whether the applicant has any criminal record, and a report thereon, and to such other City
department as the City Manager shall direct for verification and investigation of the facts set
forth in the application. The application shall also be referred to the Chief of the Fire Prevention
Bureau and the Building Inspector for a report indicating whether said premises are in compliance
with applicable ordinances and regulations. A public hearing shall then be held before the Council,
at which time the application for a license shall be considered.
The Council may accept or reject the license application in its discretion upon completion of the
p~blic hearing, subject to the following criteria:
Page 17
(c)
(d)
(el
(hi
(k)
No license shall be issued to any person under nineteen {19) years of age.
No license shall be issued to any applicant who daes not have a primary possessory
property interest in the premises or location for the sale of wine.
No license shall be issued to any person convicted of a violation of any law directly
related to the sale, possession, manufacture or transportation of liquor, beer or wine,
subject to the provisions of Minnesota Statutes Chapter 364.
No license shall be issued to any corporation or partnership unless each shareholder and
partner therein would be individu,ally eligible and qualified for said license.
No license shall be issued to any applicant for the sale of wine on any premises also
occupied by a previous licensee who was convicted of a violation of this chapter or
where a license has been revoked by the Council within the last six months.
No license shall be issued to any wine or beer manufacturer.
No license shall be granted for any hotel or restaurant building, the nearest point of
which building structure is within 200 feet of the center of the main or front door of a
church measured in a straight line. A church shall have only one main or front door for
the purposes of this subdivision. The erection of a church within a prohibited area or a
change of location of a main or front door, after an original application has been granted,
shall not, in and of itself, render such premises ineligible for renewal of the license; and
no license shall be granted for any hotel or restaurant building, the nearest point of which
measured in a straight line, is within 300 feet of a school building.
Licenses shall only be issued to qualified corporations or organizations, or to United
States citizens who are residents of the State of Minnesota.
No license shall be issued to any person who is not of good moral character and repute.
No license shall be issued to any person who is also the owner and holder of a federal
retail liquor dealers special tax stamp for the sale of intoxicating liquor at any place
unless there has also been issued to such person a license to sell intoxicating liquor
pursuant to the laws of Minnesota.
No license shall be issued to any applicant which owns an interest in more than one
establishment or business within the City of Columbia Heights for which an on-sale wine
license has been issued.
(I) No license shall be issued for premises other than a hotel or restaurant.
Page 18
5.504(7)
5.504(8)
5.504(9)
Application for the renewal of an existing on-sale wine license shall be made at least 60 days prier
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.
If the application is by a natural person, it shall be signed and sworn to by such persons; if by a
corporation, by an officer thereof; if by a partnership, by one of the partners; if by an
unincorporated association, by the manager or managing officer thereof. If the applicant is a
partnership, the application, license and bond (or insurance policy) shall be made and issued in the
name of all partners.
On-sale wine license fees shall be as follows:
(a)
The initial license fee shall be paid in full before the application for a license is accepted.
Renewal license fees shall be paid in full by December 20 preceding each calendar year.
All fees shall be paid into the general fund of the City. All licenses shall expire on the last
day of December of each year. Upon rejection of any application for a license, or upon
withdrawal of application before approval of the issuance by the City Council, the license
fee shall be refunded to the applicant.
lb)
The fee for an on-sale license granted after the commencement of the license yi~ar shall
be prorated on a daily basis.
(c)
When the license is for premises where the building is not ready for occupancy, the time
fixad for computation of the license fee for the initial license period shall be 90 days
after approval of the license by the City Council or upon the date the building is ready for
occupancy, whichever is sooner.
(d)
No transfer of a license shall be permitted from place to place or person to person
without complying with the requirements of an original application.
(e)
No part of the fee paid for any license issued under this ordinance shall be refunded as a
result of the suspension or revocation of a license under this 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 *he license because of:
Page 19
(i)
Destruction or damage of the licensed premises by fire or other
catastrophe.
(ii) The licensee's illness.
(iii) The licensee's death.
(iv)
A change in the legal status of the municipality making it unlawful for a
licensed business to continue.
(f)
Whore a new application is filod ,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 license fee shall be set by resolution of the Council. In the absence of a
resolution, the annual license fee shall be ~2000.00.
5.504(10)
On-sale wine licenses granted pursuant to the provisions of this chapter shall be subject to the
following conditions:
(a)
Every license shall be granted subject to the conditions of the following subdivisions and
all other subdivisions of this ordinance and of any other applicable ordinance of the City
or State law.
(b)
The license shall be posted in a conspicuous place in the licensed establishment at all
times.
(c)
Any police officer, building inspector, or any employee so designated by the Cit~'
Manager, shall have the unqualified right to enter, inspect, and search the licensed
premises without a warrant during normal business hours and two hours thereafter if
persons are observed upon the licensed premises.
(d)
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 wine off-sale.
{f)
No license shall be effective beyond the space named in the license for which it was
granted.
(g)
No wine shall be sold or furnished or delivered to any intoxicated person, to any habitual
drunkard, to any person under 1 § years of age, or to any person to whom sale is
prohibited by state law.
Page 20
(h)
(i)
(k)
(I)
(m)
(n)
(o)
No person under 19 years of age shall serve wine in any rooms constituting the place in
which wine is sold at retail on sale. No person under 18 years of age shall be employed
in any rooms constituting the place in which wine is sold at retail "on-sale", except that
persons under 18 years of age may be employed as musicians or to perform the duties of
a busboy or dishwashin9 services in places defined as a restaurent or hotel or motel
serving food in rooms in which wine is sold at retail "on-sale".
No licensee shall sell, offer for sale, or keep for sale, wine from any original package
which has been refilled or partly refilled. No licensee shall directly or through any other
person delete or in any manner tamper with the contents of any original package so as to
change its composition or alcoholic content while in the original package. Possession on
the premises by the licensee of a~y wine in the original package differing in composition
or alcoholic content in the liquor when received from the manufacturer or wholesaler
from whom it was purchased, shall be prima facie evidence that the contents of the
original package have been diluted, changed or tampered with.
No licensee or person employed on the licensed premises shall apply for or possess a
Federal Wholesale Liquor Dealer's special tax stamp or a federal gambling stamp.
No licensee shall keep ethyl alcohol or neutral spirits on the licensed premises or permit
their use on the premises as a beverage or mixed with a beverage except for beverages
licensed hereunder.
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.
No licensee shall knowingly permit the licensed premises or any room in those p~'emises 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.
A licensed restaurant shall be conducted in such a manner that eighty percent (80%) or
more of the annual gross receipts for a license year is attributable to or derived from the
serving of food. A hotel shall be conducted in such a manner that, of that part of the
total annual grose receipts attributable to or derived from the serving of food and wine,
eighty percent (80%) or more of the annual gross receipts for a license year is the serving
of food.
Page 21
5.504(11)
No sale of wine 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. No licensee shall permit the consumption of wine upon licensed premises
between the hours of 1:30 a.m. and 8:00 a.m. on days Tuesday through Saturday nor after 12:30
a.m. on Sunday.
5.504(12)
No sale of wine shall be made to or in guest rooms of hotels unless the rules of such hotel provide
for the service of meals in guest rooms or unless the sale of such wine is made in the manner on
sales are required to be made or unless such sale accompanies and is incidental to the regular
service of meals to guests therein or unless the rules of such hotel and the description, location,
and number of such guest rooms are fully'set out in the application for a license.
5.504(13) Restrictions on purchase and consumption are as follows:
(a)
No licensee, his agent, or employee shall serve or dispense upon the licensed premises
wine to any person under the age of 19 years; nor shall such licensee, his agent, or
employee permit any person under the age of 19 years to be furnished or consume wine
on the licensed premises; nor shall such licensee, his agent, or employee permit any
person under the age of 10 years to be delivered any wine.
(h)
No person under 19 years of age shall misrepresent his age for the purpose of obtaining
wine nor shall he enter any premises licensed for the retail on-sale of wine for the
purpose of purchasing or having served or delivered to him for consuming any such wine
nor shall any such person purchase, attempt to purchase, consume, or have another
person purchase for him any wine.
(c) No person under 19 years of age shall receive delivery of wine.
(d)
No person shall induce a person under the age of 19 years to purchase or procure or
obtain wine.
(e)
Proof of age for purposes of consuming, purchasing, or possessing wine, the
consumption, sale, or possession of which is regulated by age may only be established by
a valid driver license or a current nonqualification certificate issued pursuant to
Minnesota Statutes, Section 171.07.
(f)
No person shall give, sell, procure, or purchase wine to or for any person to whom the
sale of wine is forbidden by law.
(g)
No person shall mix or prepare wine for consumption or consume in any public place not
licensed in accordance with the ordinances of the City of Columbia Heights and State of
Minnesota.
Page 22
5.504(14) Every applicant and licensee shall provide insurance in accordance with Section 5.503(15).
5.504(15)
The City Council may suspend or revoke any on-sale wine license for the violation of any provision
or condition of this ordinance or of any state law or federal law regulating the sale of wine, 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
214 in full force and effect.
Except in the case of a suspension pending a hearing on revocation, mandatory 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' no.rice 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.
5.504{16)
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 Dollars (,~500.00)
and imprisonment for not more than 90 days.
SHALL HEREAFTER BE REWRITTEN AND AMENDED TO READ AS FOLLOWS:
Section 4- On Sale Wine
5.504(1) 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 wine without first having received an on-sale wine license as provided
in this section or an intoxicating liquor license. The term "on sale wine license" means a license authorizing the sale
of wine and 3.2 malt liquor for consumption on the licensed premises only in conjunction with the sale of food.
5.504(2) "On-Sale Wine" licenses shall be granted only to restaurants which are conducted in such a manner that at
least sixty percent (60%) of the annual gross receipts of the establishment must be derived from or attributable to
the sale of food. Such establishment shall have facilities for seating not less than 75 guests at one time. A hotel
shall be eligible for an on-sale wine license provided that, of that part of the total annual gross receipts attributable
to or derived from the serving of food and wine, sixty percent (60%) or more of the annual gross receipts for a
license year is the serving of food, the dining area must seat a minimum of 75 people at tables, and the hotel must
have a minimum of 10 rooms.
5.504(3) A holder of an on-sale wine license who is in compliance with ail requirements of this section may sell
intoxicating malt liquor (strong beer) on-sale without an additional license.
Page 23
5.504(4) Only the sale of wine not exceeding 14 per cent alcohol by volume for consumption on the licensed
premises in conjunction with the sale of food shall be permitted.
5.504(5) The number of wine licenses issued are unlimited and are net counted in the number of intoxicating liquor
licenses allowed under State Statute.
5.504(6) Every application for a license to sell wine 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 ve, rification and investigation of the facts set forth in the
application.
5.504(7) No license will be issued unless at the time of application tho 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 $2,000; 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.
5.504(8) In addition to the information required on the State Liquor Control Commissioner's form, the on-sale wine
license application shall contain the following information:
(a) Type of license applicant seeks.
(b) Whether the applicant is a natural person, corporation, partnership, or other form of organization.
(c) 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.
(d) 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.
(e) Name of business.
(f) The nature of any other business to be operated in conjunction with the on-sale of wine and
Page 24
whether the applicant is the owner or operator of such other business, and if so, the length of time in such
business.
(g) Street addresses at which applicant and current spouse have lived during the preceding ten
years.
(h) Kind, name and location of every business or occupation applicant or present spouse have been
engaged in during the preceding ten years.
(i) Names and addresses of applicant's and spouse's employers and partners, if any, for the
preceding ten years.
(j) 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.
{k) Whether applicant or spouse 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.
(I) Whether applicant has ever been in military service. If so, applicant shall attach DDI214 form.
(m) 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 5.504{8)(c-I).
(n) If the applicant is a corporation or other organization and is applying for an on sale license, the
following will be required:
(i) Name and, if incorporated, the state of incorporation.
(ii) A true copy of Certificate of Incorporation or other documentation of legal
status.
(o) Three character references located within the State of Minnesota.
5.504(9) 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.
Page 25
The Council may accept or reject the license application in its discretion upon completion of the public hearing.
5.504(10) 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.
5.504(11) No license shall be granted to any person:
(a) Who is less than 21 years of age.
(b) Who is not the proprietor of the establishment for which the license is issued.
(c) Who has been convicted of a felony or any violatio'n of law of this state or local ordinance relating to the
manufacture, transportation or sale of beer, wine, or of intoxicating liquors.
(d) For the sale of wine 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.
(e) Who is a manufacturer of wine or beer.
(f) rdo 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.
(g) Who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a
background and financiaJ investigation due to the unavailability of information.
(h) Who is not of good moral character and repute.
(i) 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.
(j) rdo wine license shall be issued for premises other than a hotel or restaurant.
5.504(12) At the time application is made for a renewal of an on-sale license, the applicant 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 applications.
5.504(13) If the application is made by a natural person, it shall be signed and sworn to by such person; if by a
corporation or other organization, by an authorized representative of the same.
5.504(14) On.sale wine licenses granted pursuant to the provisions of this section shall be subject to the
following conditions:
Page 26
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
The license shall be posted in a conspicuous place in the licensed establishment at ail times.
All licensees under this section shall allow the business premises to be inspected by police or health
officials at any time.
Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of
sobriety and order. The act of any employee on the licensed premises authorized to sell wine 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.
No on-sale licensee shall sell wine off-sale.
No license shall be effective beyond the space named in the license for which it was granted.
No wine shall be sold or furnished or delivered to any obviously intoxicated person, 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 establishment where liquor is not sold.
No licensee shall sell, offer for sale, or keep for sale, wine from any original package which has been
refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner
tamper with the contents of any original package so as to change its composition or alcoholic content
while in the original package. Possession on the premises by the licensee of any wine in the original
package differing in composition or alcoholic content in the liquor when received from the manufacturer or
wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original
package have been diluted, tampered with, or changed.
No gambling allowed, nor any gambling device prohibited by law.
5.504(15) No sale of wine may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday.
5.504(16) At the time of filing an application for any on-sale wine 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.
Proof of financial responsibility may be provided by supplying to the Clerk any of the following items:
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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 ~O0,OOO 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 clause (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 (;lOO,O00.
The operation of a wine 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.
5.504(17) 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
(h) 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.
5.504(18) The City Council may suspend or revoke any on-sale wine license for the violation of any provision or
condition of this ordinance or of any state law or federal law regulating the sale of wine, 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 5.504(17 and 18)in full force and effect.
5.504{19) 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.
5.504(20) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished as per State Statute.
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SECTION 7:
5.507(1)
5.507(2)
5.507(3)
5.5O7(4)
5.507(5)
5.507(6)
5.507(7)
Section 5.507 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of
Sunday On-Sale Wine which currently reads as follows to wit:
Establishments to which on-sale licenses have been issued or hereafter may be issued, pursuant to
Section 5.504 may serve wine 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 Section 5.504;
the applicant is not in violation o! any provision of this code.
No person, firm or corporation shall sell or serve, directly or indirectly, wine pursuant to Section
5.507(1) without having first obtained a special license pursuant to this section.
A Sunday wine license may be issued only for a one (1) year period coinciding with the dates of
applicant's other license, for a fee of 8200.00. If Minnesota Statute Section 340.14, Subd. 5(b)
is amended to allow charging a fee in excess of 8200.00, the Council may, by resolution, charge a
fee in excess thereof.
Any license granted hereunder may be revoked for cause or for any violation of Section 5.504.
The provisions of Minnesota Statute Section 340.112 shall apply to Sunday wine licenses.
No license to serve wine on Sunday shall be granted under this chapter unless the applicant makes
application pursuant to Section 5.504 of this Code.
The provisions of Section 5.504(16) shall apply to any person, firm or corporation selling or
serving beverages in violation of this section.
SHALL HEREAFTER BE REPEALED.
First Reading:
Second Reading:
Date of Passage:
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Offered by Hunter
Seconded by: Szu tek
Roll Call: A1 ] ayes
~ Patricia Muscovitz, CounciISecretary /