Loading...
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. Page 2 .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. Page 3 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. Page 4 "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 Page 5 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. Page 8 (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. Page 9 (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. Page 10 (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 Page 11 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. Page 13 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: Page 27 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. Page 28 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: Page 29 Offered by Hunter Seconded by: Szu tek Roll Call: A1 ] ayes ~ Patricia Muscovitz, CounciISecretary /