HomeMy WebLinkAbout11/26/2012 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor
Gary L.Peterson
590 40'h Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers
Visit our website at.rvww.ci.columbia-heights.mn.us Robert A. Williams
Bruce Nawrocki
Tammera Diehm
Donna Schmitt
City Manager
Walter R.Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday, November 26, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E.,
Columbia Heights, MN.
e City o o um is Heights does not discriminate on the basis o isa i ity in the admission or access to, or
treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided
to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and
activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96
hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or
hearing impaired only)
1. CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by Pastor Dan Thompson of Heights Church
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council,upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items
submitted after the agenda preparation deadline.)
4. PROCLAMATIONS,PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS GUESTS
Grand Opening of New Restaurant at Jimmy's Pool Hall (Personal appearance by Jimmy Whech)
5. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
the next order of business.)
A. Approve minutes of November 13, 2012 City Council Meeting Pg 5
MOTION: Move to approve the minutes of the November 13, 2012 City Council Meeting.
B. Approve Joint Powers Agreement with Anoka County for Assessment Services
Move to approve the joint powers agreement with Anoka County for assessment services, Pg16
effective January 16, 2013-January 15, 2018, and to authorize the Mayor and City Manager to
execute the agreement.
C. Approval of the attached list of rental housing licenses Pg2 2
MOTION: Move to approve the items listed for rental housing license applications for
November 26, 2012 in that they have met the requirements of the Property Maintenance Code.
D. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for November 26, P25
2012 as presented.
E. Payment of Bills Pg2 8
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Monday,November 26,2012
Page 2 of 3
Motion: Move that in accordance with Minnesota Statue 412.271, subd.8, the City Council has P28
received the list of claims paid covering check number 145821 to 145981 in the amount of
$796,822.49.
MOTION: Move to approve the Consent Agenda items.
6. PUBLIC HEARINGS
A. Second Reading of Ordinance#1610 re: Liquor Administrative Penalties P93
MOTION: Move to waive the reading of Ordinance#1610 as there are ample copies available to
the public.
MOTION: Move to adopt Ordinance#1610 being an Ordinance amending Ordinance No. 1490,
City Code of 2005 relating to alcohol related license violations.
B. Adopt Resolutions 2012-143 4057 Haves Street NE 2012-144 3947 Polk Street NE 2012-145 Pg68
723 38th Avenue NE, 2012-146, 1331-33 Circle Terrace Blvd. NE 2012-147 1820 49th Avenue
NE, and 2012-148, 1605 49th Avenue NE being declarations of nuisance and abatement of
violations within the City of Columbia Heights.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2012-143, 144, 145, 146, 147, and 148 there being ample copies available to the public.
MOTION: Move to adopt Resolution Numbers 2012-143, 144, 145,146, 147, and 148 being
resolutions of the City Council of the City of Columbia Heights declaring the properties listed a
nuisance and approving the abatement of violations from the properties pursuant to City Code
section 8.206.
C. Adopt Resolutions 2012-149, 3851 Quincy Street N.E. being a Resolution of the City Council of pg81
the City of Columbia Heights approving rental license revocation for failure to meet the
requirements of the Property Maintenance Codes.
MOTION: Move to close the public hearing and to waive the reading of Resolution Number
2012-149 being ample copies available to the public.
MOTION: Move to adopt Resolution Number 2012-149 being a Resolution of the City Council
of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5A.408(A) of the rental license listed.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. New Business and Reports
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
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9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his/her name and address for the record.
10.ADJOURNMENT
Walter R. Fehst, City Manager
WF/tal
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OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
TUESDAY, NOVEMBER 13,2012
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Tuesday,
November 13, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
Minnesota.
1. CALL TO ORDER/ROLL CALL/INVOCATION
Mayor Gary Peterson called the meeting to order at 7:09 PM
Present: Mayor Peterson, Councilmembers Williams, Nawrocki, Diehm, and Schmitt.
Pastor Bill Hugo of St. Matthew Lutheran Church gave the invocation
2. PLEDGE OF ALLEGIANCE -recited
3. ADDITIONS/DELETIONS TO MEETING AGENDA
Nawrocki asked why the City Council Meeting from October 22, 2012 and the agenda for tonight's
meeting were not on cable.
Leonhardt indicated that the City Council Meeting was scheduled to be on the cable channel and she
would check into the matter.
Fehst reminded the council and residents that this Friday is the Mayor's Taste of Columbia Heights
Holiday Kickoff at Murzyn Hall and encouraged all to attend.
Peterson stated that there will be food samples available from Sarna's Classic Grill, Puerta Del Sol,
Yara Grill, Royal Orchid, Miller's Bar and Grill, Tasty Pizza and Chocolatier,Kevin Lindee.
4. PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS GUESTS
Mayor Peterson wanted to thank everyone that participated in voting on November 6t". The City of
Columbia Heights has a history of high voter turnout.
5. CONSENT AGENDA
Councilmember Nawrocki requested to remove items B, C, and D for discussion. City Manager
Walt Fehst took Councilmembers through the remaining consent agenda items.
A. Approve minutes of October 22, 2012
Motion to approve minutes of October 22, 2012 City Council Meeting
B. Adopt Resolution No. 2012-141, Canvassing General Election Returns of November 6 2012-
Removed
C. Adopt Resolution 2012-142, a Resolution continuing the Anoka County HRA Levy Program
Removed
D. Award audit services contract for fiscal years 2012-2014. -Removed
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E Approve Business License Applications
Motion to approve the items as listed on the business license agenda for November 13, 2012 as
presented.
F Approval of the attached list of rental housing licenses
Motion to approve the items listed for rental license application for November 13,2012 in that
they have met the requirements of the Property Maintenance Code.
Motion by Councilmember Williams, seconded by Councilmember Schmitt, to approve the
Consent Agenda items with the exception of items B, C, and D. Upon vote, all ayes, Motion
carried.
Item B (Removed from Consent) Discussion on resolution No. 2012-141, Canvassing General
Election Returns of November 6, 2012.
Nawrocki stated he wanted to inform the public of the results of the General Election.
Fehst presented the results of the November 6, 2012 General Municipal Elections as follows:
The number of ballots cast for Mayor(1 seat): Gary Peterson at 5349, Bob Oden at 2609. The
number of ballots cast for Council Member(2 seats): Bobby Williams at 3930, Bruce Nawrocki
at 3401, Catherine Vesley at 3388 and Stan Hoium at 2725. Since Vesley lost by less than one
half of a percent,the statue allows for a recount, which was requested. The recount will be
Thursday,November 15, 2012 at Anoka County Elections and Voter Registration Offices in
Anoka beginning at 10:00 AM.
Leonhardt indicated that if there are any changes as a result of the recount, the Canvass Board
will need to re-canvass the results.
Diehm asked what the overall voter turnout was for Columbia Heights.
Leonhardt stated it was around 83% and Columbia Heights typically has the highest voter
turnout in Anoka County.
Motion by Williams, seconded by Schmitt to move to waive the reading of Resolution No. 2012-
141, being ample copies available for the public. Upon Vote, all ayes,Motion carried.
Motion by Williams, seconded by Schmitt,move to adopt Resolution No. 2012-141, being a
Resolution Canvassing Municipal General Election Returns and approve the signing of the
Abstract. Upon vote, all ayes, Motion carried.
Item C (Removed from Consent)—Discussion on Resolution 2012-142, a Resolution
continuing the Anoka County HRA Levy Program
Nawrocki indicated that he voted against this previously at the EDA Meeting. He asked what the
approximate five year cost would be. Clark stated it would be $950,000— 1,000,000 gross.
Nawrocki stated these are tough times for residents throughout Columbia Heights and we should
not be using extra tax dollars to make the situation worse. Williams stated we are not using extra
tax money; we are using money to improve our city.
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Peterson called for a roll count vote: Move to Adopt Resolution 2012-142, a Resolution
continuing the Anoka County HRA Levy Program.
Schmitt, nay, Williams, aye, Diehm aye,Nawrocki, nay, Peterson, aye. 2 nays, 3 ayes, Motion
carried.
Item D - (Removed from Consent) Discussion on award Audit Services Contract for fiscal
years 2012-2014.
Nawrocki stated he was glad that we went out to bid, and stated we should be doing it on more of
our specialty contracts.
Motion by Williams, seconded by Schmitt, move to award Audit Services Contract to HLB
Tautges Redpath, LTD for fiscal years 2012-2014. Upon Vote, all ayes, Motion carried.
6. PUBLIC HEARINGS -None
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
First Reading of Ordinance No. 1610 Establishing Violation Policy for Liquor Licenses
Clark stated we had a discussion on this item the last work session and we have had several
liquor violations. At the present time, the city code does not have an administrative penalty
index and the council directed us to take a look at developing a system. At that time the council
gave us direction indicating we should look at incorporating a best practices matrix. If they are
made to comply with the ordinance, we will see more uniformity. What we are looking for
tonight is an action for recommendation to move this to a second reading. If this is moved on we
will be sending this ordinance to all liquor license holders within the city,making them aware of
the policy and they are able to come before the next council meeting with any problems or
questions, since this meeting would be open to the public.
Diehm expressed her support with restructuring this program. We take this very seriously and I
think our goal is compliance not punishment. This helps establishments train their employees,
rather than punish them.
Nawrocki stated he recognizes the problems, but it seems like we are double punishing. He asked
what neighboring communities are doing and what their penalties are.
Diehm stated this is not something new that we are adding. The license to sell is given to the
owner, not to the employee selling the liquor; therefore the owner needs to be made accountable
for training his/her employees. Diehm feels this would be a proactive measure.
Clark stated that they want to separate out this ordinance and the issue of the owner and violation
being reported to, which will be discussed separately in December. This is done to avoid any
confusion between the policies. We already have this in place for cigarettes sales and we are
trying to mirror the policy. Most every community does have a matrix spelled out for doing this
with the first violation being around $750. The issue is not to punish, it is to be in compliance.
This is a pretty straight forward system.
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Motion by Diehm, seconded by Schmitt,move to waive the reading of Ordinance No 1610, there
being ample copies available to the public. Upon Vote, all ayes, Motion carried.
Motion by Diehm, seconded by Schmitt,move to set the second reading of Ordinance No. 1610
for Monday,November 26, 2012 at approximately 7:00 pm in the City Council Chambers. Upon
vote, all ayes,Motion carried.
B. Bid Considerations-None
C. New Business and Reports -None
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst stated he would have Scott Clark update the mayor and council on the Parkview Villa North
and South possible sale.
Clark stated the city has received notice from Aeon, who worked with the city on preparing an
application to HUD for the dissolution of the Public Housing Agency(PHA, which owns and
operates Parkview Villa), that they will be rejecting our application. One reason for this is a new
federally funded program call RAD (Rental Assistance Demonstration Project). Before the city
submitted the application to HUD,we looked into the legislation and the amount of money that was
needed for this RAD Program and determined it would not be feasible for the city to go with this
program. We are continuing on with the best possible outcome of complete elimination of the
existing contracts and going back to a Section 8 Contract. Today the city submitted a letter asking
HUD for removal of our original application. We will be looking at doing another process called
Voluntary Conversion. We will have to demonstrate to HUD, based on a certain rent structure, that
it is cost effective to them to dissolve the PHA Annual Contribution Contract and roll it over to a
Section 8 building. They are working through numbers with HUD and also going out and trying to
find GAP financing. Next Wednesday, Aeon staff is meeting with the County regarding HOME
funds. Since this project will be in 2013, the city will be able to utilize the 2013 modernization
funds. The city will be having another community meeting with residents at Parkview Villa to
inform them they will receive relocation notification, even though they will probably not be
relocated. We have had to take a step back in the process, but we are still confident we will get there.
Nawrocki stated he had asked for a report on the Volunteer Firefighter Fund and to date he has not
received anything on this.
Fehst stated he was sure that this information had already been given to him,but would check into it.
Nawrocki indicated he has received a letter regarding a complaint of traffic accidents on 42nd
Avenue and 7tb Street and wanted to know what the traffic commission's outcome was. He would
also like some follow up reported to the resident complaining. Another complaint letter was sent to
him in regards to city employees parking on 40th Avenue and wanted to know if we could put some
short term parking on Mill Street.
Fehst stated he would take a look at that and maybe the utility payment drop box could also be
moved to Mill Street.
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Report of the City Attorney-
Hoeft indicated he had nothing to report at this time.
9. CITIZENS FORUM
Peterson stated we just recognized Veterans Day and he had the opportunity to go to a Twins game
and people held up signs that thanked the veterans and formed a waiving flag. He also indicated
SACA and Meals on Wheels could use some volunteers and/or donations for the upcoming holidays.
10.ADJOURNMENT
Peterson adjourned the meeting at 8:08 PM
Peterson stated: Don't forget our service men and women. They are doing a great thing for us.
Don't take ourselves too seriously and do a random act of kindness.
Tori Leonhardt, City Clerk/Council Secretary
RESOLUTION NO. 2012-141
CANVASSING MUNICIPAL GENERAL ELECTION RETURNS
WHEREAS, the City of Columbia Heights, did on the 6th day of November 2012, conduct and hold a
General Municipal Election for the purpose of voting on candidates for two offices of Council Member; and
WHEREAS, the City of Columbia Heights, did on the 6th day of November 2012, conduct and hold a
General Municipal Election for the purpose of voting on a candidate for one office of Mayor; and
WHEREAS, the City Council of the City of Columbia Heights, at a meeting of said Council/Canvass
Board,held on the 13th day of November 2012 did canvass the returns and results of said General
Municipal Election; and
WHEREAS, the following results were determined by said canvass of said General Municipal Election, to
wit:
TOTAL BALLOTS CAST IN ELECTION:
Valid Votes Cast for One 2-Year Mayoral Seat
Gary L. Peterson 5349
Bob Odden 2609
Valid Votes Cast for Two 4-Year Council Seats
Bobby Williams 3930
Bruce Nawrocki 3401
Stanley Hoium 2725
Catherine Vesley 3388
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NOW, THEREFORE,BE IT HEREBY RESOLVED by the City Council of the City of Columbia
Heights, that Gary L. Peterson is hereby declared to be the elected candidate for the Mayoral Seat and
Bobby Williams, and Bruce Nawrocki are hereby declared to be the elected candidates for the two four-year
Council Seats effective January 1, 2013.
CITY OF COLUMBIA HEIGHTS RESOLUTION 2012-142
RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS TO PARTICIPATE IN THE ANOKA COUNTY
HOUSING AND REDEVELOPMENT AUTHORITY ECONOMIC DEVELOPMENT ACTIVITIES FOR
FISCAL YEARS 2013 to 2017
WHEREAS, the City of Columbia Heights is an Anoka County municipality, and such is a rapidly growing
and important segment of the Twin Cities Metropolitan Region, made up of rich variety of vital, desirable
communities; and
WHEREAS, the City of Columbia Heights Council members believe that the residents of Columbia Heights
would realize many benefits from expansion of the Anoka County tax base, including but not limited to; the
creation of local job opportunities, redeveloping certain sites within the City, as well as maintaining and
improving the City's housing stock, wider sharing of tax burden, and access to enhanced infrastructure,
services, and retail and business activities, and,
WHEREAS, in order to expand the local tax base, the Anoka County Board of Commissioners has
indicated an interest in fostering a regional approach to economic development in Anoka County, and,
WHEREAS, in 2007 a statutorily formed citizens exploratory committee recommended to the Board of
Commissioners that the Anoka County Housing and Redevelopment Authority be granted the powers of an
economic development authority, and
WHEREAS, on June 12, 2007, the Anoka County Board of Commissioners, after fulfilling the statutory
requirements, did authorize their Housing and Redevelopment Authority to exercise the powers of an
economic development authority, and,
WHEREAS, MN Stat. 469.1082 requires that a municipality shall, declare its willingness, by resolution, to
join the county in its economic development activities, and,
WHEREAS, the City Council approved Resolution #2007-156 for the initial five year cycle, and
WHEREAS, the City's Economic Development Authority made a recommendation to continue this program
for an additional five years based on a vote of 5 to 2, and
NOW, THEREFORE BE IT RESOLVED, that the City of Columbia Heights does hereby declare its support
of Anoka County and its countywide economic development objectives and activities, and,
BE IT FURTHER RESOLVED that the City of Columbia Heights does hereby elect to participate in Anoka
County Housing and Redevelopment Authority economic development activities, and,
BE IT FURTHER RESOLVED that the City of Columbia Heights does hereby elect to participate in the
Anoka County Housing and Redevelopment Authority economic development activities to request funds to
support the City's redevelopment and housing maintenance and improvement goals for fiscal years 2013
through 2017, and,
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BE IT FURTHER RESOLVED that since the subject levy funds are transmitted to the City, through the
Anoka County Housing and Redevelopment Authority as a simple pass through, the City Council formally
requests that the annual administrative fee be reduced from 15% to 10% to more accurately reflect the
costs associated with this transfer.
BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent
records of the City of Columbia Heights.
Passed this 13th day of November, 2012
ORDINANCE NO. 1610
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005
RELATING TO ALCOHOL RELATED LICENSE VIOLATIONS
5.510 POLICY FOR ALCOHOL LICENSE VIOLATIONS
It is the goal of the City of Columbia Heights to have each liquor licensee comply with the law 100% of the
time in relation to the ordinance regulating liquor. The City of Columbia Heights will maintain staff to
complete annual compliance checks,periodically check establishments for compliance with hours and
license conditions. The City will act as a resource to provide server training or to direct businesses to
approved training on an annual basis. The City wishes to have all business choose to be a Best Practices
liquor licensee.
BEST PRACTICES:
Best Practices licensees will have the benefit of following the "Best Practices"violation matrix. The Best
Practices program is voluntary and serves as a cooperative venture between licensees and the City to meet
the goals of the City laid out in the city code. Best Practices licensees will fill out an application from the
City of Columbia Heights committing their establishment to working towards 100% compliance with the
applicable ordinances and Minnesota State Statutes.
Required Activities:
Best Practices licensee will agree to keep records of Best Practices activities and to have them available for
inspection. The Best Practices licensee will have 75% of all alcohol selling staff trained by the Columbia
Heights Police Department, Minnesota Department of Alcohol and Gambling Enforcement, the Minnesota
Municipal Beverage Association, the Minnesota Licensed Beverage Association, (or any other organization
who provides similar training upon approval by City's Liquor Licensing Department) on an annual basis.
Best Practices licensees will have a written internal training program for new employees and a written
policy requiring identification on anyone appearing to be 40 years old or younger.
Optional Activities:
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Best Practices licensees will do four(three if they do integrated ID scanner on register) of the following:
• Continuously certify 75% of all employees who sell alcohol are trained.
• Internal employee reward/recognition program for employees who catch underage customers.
• Run an approved internal compliance program.
• Automated ID card scanner integrated into cash register.
• Pre-arrange to meet with staff and prosecutor on violations.
• Have a policy to check ID on every sale.
• Have a policy to work with the Columbia Heights Police Department to prevent secondary resale of
alcohol.
• Have a minimum age of 21 for employees selling alcohol products.
PROCESS FOLLOWED FOR VIOLATIONS
The purpose of this section is to establish a standard by which the City determines the length of a license
suspension, revocation, and/or civil penalty. This policy shall apply to all on-sale and off-sale license
holders. These penalties are deemed to be appropriate for all violations. Licensees shall be informed
that this policy applies to the License Holder and does not apply to the Criminal Charges against
the person who actually violates the law. The City Council may choose to deviate from the prescribed
penalty is there are extenuating circumstances. Should the City Council deviate from the adopted
policy, they must take official action and document the reasons for the deviation.
The City Council may only consider the penalty portion of the action. Should the licensee wish to
appeal the facts of a violation, they must request a due process hearing.
A. Notice: Upon a determination that a violation of a city ordinance or state law relating to alcoholic
beverages has occurred in a licensed premises, the licensee will be issued a notice, either personally
or by U.S. Mail, setting forth the nature, date, and time of the alleged violation, the administrative
penalties if applicable, the process for appealing the determination and the penalty for failing to
comply with the penalty. Mailed notice will be considered complete upon deposit in the U.S. Mail
addressed to the licensee at the most current address contained in City records.
B. Compliance: Within 14 calendar days of the date of the notice, a licensee may comply with the
penalties set out in the notice by paying the administrative fine and notifying the Licensing Clerk of
the dates the licensee chooses to submit to any imposed suspension. Suspension days must be
consecutive business days the last of which must not be more than 60 days after the date of the
Notice.
C. Hearing: Any licensee who receives notice of a violation may, within 14 calendar days of the date
of issuance of the Notice, request in writing a hearing before the City Council. A request for a
hearing must be submitted to the Licensing Clerk who will cause the request to be placed on the
agenda of the next regular City Council meeting that will be held not less than 15 calendar days after
receipt of the request. Written notice stating the date, time, and place of the hearing will be provided
to the licensee no less than 10 calendar days before the hearing. Such notice will be considered
complete upon deposit in the U.S. Mail addressed to the licensee at the most current address shown
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in City records. The City Council may sustain, dismiss or amend the violation, and may sustain,
waive, reduce, or increase any penalty provided for in this Chapter, except that no penalty may
exceed the maximum permitted under state law. The City Council, if it sustains or amends the
violation, will establish a new compliance date for the penalties imposed.
D. Revocation: Notwithstanding any provisions in this Chapter to the contrary, a violation for which
the established penalty is revocation must be forwarded to the City Council for disposition. The
notice of violation will include the nature, date, and time of the violation and the date, time, and
place of the Council's consideration, which will be not less than 10, nor more than 20 calendar days
after the date of service of the notice. Notice will be considered complete upon personal service on
the licensee or upon deposit in the U.S. Mail addressed to the licensee at the most current address
shown in City records. The Council may sustain, dismiss, or amend the violation. If Council
sustains or amends the violation it may revoke the license or impose such other penalty it deems as
appropriate provided the penalty does not exceed the maximum permitted under state law.
E. Multiple Violations: Each incident with respect to date, time,place, and persons involved, will be
deemed a single violation for the purposes of imposing administrative penalties notwithstanding that
an incident may involve more than one offense. The City Council may take multiple offenses into
consideration when determining whether to deviate from the established penalties for any violation.
F. Violations When Another is Pending: Any violation that occurs at a licensed premise while a
prior violation is pending for those same premises will be treated as a separate violation and
considered a subsequent violation for purposes of imposing an administrative penalty.
G. Submission to Council in Lieu of Administrative Procedures: With the concurrence of the City
Manager, or their designees, the Licensing Clerk, in lieu of accepting the administrative penalties
provided for in Section §5.510, may submit any violation to the City Council for review and
determination. The decision must take into consideration the number and seriousness of the offenses
allegedly committed in a single incident. The decision to submit a violation to the Council must be
included in the initial violation notice along with the date, time, and place the Council will consider
the matter.
XXXX: PENALTIES
A. Penalty for Noncompliance: In addition to any criminal penalties which may be imposed by a court
of law, the City Council may suspend a license for up to 60 days, may revoke a license and/or may
impose a civil fine on a licensee not to exceed $2,000.00 for each violation on a finding that the
license holder or its employee has failed to comply with a statute, rule or ordinance relating to
alcoholic beverages, malt beverages, or wine.
B. Minimum Penalty: The purpose of this section is to establish a standard by which the City Council
determines the civil fine, the length of license suspensions and the propriety of revocations, and shall
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apply to all premises licensed under this chapter. These penalties are presumed to be appropriate for
every case; however, the council may deviate in an individual case where the council finds that there
exist certain extenuating or aggravating circumstances, making it more appropriate to deviate, such
as, but not limited to, a licensee's efforts in combination with the state or city to prevent the sale of
alcohol to minors or, in the converse, when a licensee has a history of repeated violations of state or
local liquor laws. When deviating from these standards, the council will provide written findings
that support the penalty selected. When a violation occurs, the staff shall provide information to the
City Council to either assess the presumptive penalty or depart upward or downward based on
extenuating or aggravating circumstances. The staff shall notify the licensee of the information
being considered and acted upon by the City Council.
C. Penalties:
(1) Except as otherwise provided in this Chapter, the sale of alcoholic beverages to a person under
the age of 21, the sale of alcoholic beverages to an obviously intoxicated person, or the failure of
an on-sale licensee to take reasonable steps to prevent a person from leaving the licensed premises
with an alcoholic beverage will subject the licensee to the following administrative penalties:
("Best Practices" applies only to license holders who are enrolled in the program at the time of the
violations)
FOR BEST PRACTICES LICENSE HOLDERS:
Type of License 1't Violation 2"d Violation 3`d Violation 4th Violation
On Sale Intox. $250 $500 and 3 day $1,000 and 5 day Revocation
Liquor suspension suspension
On/Off Sale Beer $250 $500 and 3 day $1,000 and 5 day Revocation
suspension suspension
Wine/beer $250 $500 and 3 day $1,000 and 5 day Revocation
suspension suspension
Club Liquor $250 $500 and 3 day $1,000 and 5 days Revocation
suspension suspension
FOR OTHER LICENSE HOLDERS:
Type of License 15t Violation 2"d Violation 3`d Violation 4th Violation
On Sale Intox. $500 $750 and 5 day $1,000 and 10 Revocation
Liquor suspension day suspension
On/Off Sale Beer $500 $750 and 5 day $1,000 and 10 Revocation
suspension day suspension
Wine/beer $500 $750 and 5 day $1,000 and 10 Revocation
suspension day suspension
Club Liquor $500 $750 and 5 day $1,000 and 10 Revocation
suspension days suspension
(2) Except as otherwise provided in this Chapter, the following violations will subject the licensee to
the following administrative penalties:
Type of 15t Violation 2nd Violation 3`d Violation 4th Violation
Violation
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Page 11 of 11
Refusal to allow $1,000 and 7 $2,000 and 14 Revocation N/A
City inspectors days suspension days suspension
or police
admission to
premises
After hours sale, $1,000 and 7 $2,000 and 14 Revocation N/A
display or days suspension days suspension
consumption of
alcoholic
beverages
Illegal gambling $1,000 and 7 $2,000 and 14 Revocation N/A
on premises days suspension days suspension
Commission of a Revocation N/A N/A N/A
felony related to
licensed activity
Sale of alcoholic Revocation N/A N/A N/A
beverages while
license is under
suspension
Sale of Revocation N/A N/A N/A
intoxicating
liquor with only
3.2 percent malt
liquor license
(3) Any prior violation that occurred more than 24 calendar months immediately preceding the most
current violation will not be considered in determining successive violations.
(4) The nature of the most current violation will determine the appropriate penalty as established by
paragraphs (1) or(2) above, provided, however, that any and all violations occurring within 24
months immediately preceding the most current violation will be considered in determining
successive violations.
(5) Any licensee who fails to pay an administrative fine or adhere to a suspension, whether imposed
by this Section or the City Council, within the allotted time period will be subject to an additional
suspension of the license for a period of time as determined by the City Council,but not to exceed
60 consecutive days. Any licensee who fails to comply with a City Council imposed license
suspension resulting from a prior non-compliance with the administrative penalties imposed by
this Chapter is subject to license revocation.
(6) Nothing in this Section will prohibit the City from seeking criminal prosecution of any alleged
violation of this Chapter in addition to any administrative penalties provided for herein.
15
CITY COUNCIL LETTER
Meeting of: November 26, 2012
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: CITY MANAGER'S APPROVAL
ITEM: APPROVE JOINT POWERS AGREEMENT WITH BY: LINDA L. MAGEE BY:
ANOKA COUNTY FOR ASSESSMENT SERVICES DATE: 10-30-12 DATE:
NO:
In 1989, the City of Columbia Heights and Anoka County entered into a joint powers
agreement for the County to provide for the assessment of property in Columbia Heights. In
1996, the City entered into a new six-year assessment contract with the County beginning
January 16, 1996. In 2002, the City entered into a new six-year assessment contract with
the County beginning January 16, 2002. In 2008, the City entered into a new five-year
assessment contract with the County beginning January 16, 2008. That agreement expires
January 15, 2013.
Attached is a copy of the new five-year assessment contract, which will provide assessment
services, beginning with the 2014 assessment through the 2018 assessment. Also attached is
a letter from Mike Sutherland, Anoka County Assessor.
Currently, the rate structure is:
Improved Residential $12.50/parcel
Improved/Unimproved Commercial/Industrial $80.00/parcel
Improved/Unimproved Apartments $80.00/parcel
Unimproved Residential $ 4.50/parcel
Effective for 2014 assessment services:
Improved Residential $12.50/parcel
Improved/Unimproved Commercial/Industrial $80.00/parcel
Improved/Unimproved Apartments $80.00/parcel
Unimproved Residential $ 4.50/parcel
The cost for each type of parcel for assessment services for 2015 through 2018 will be
increased according to the County Assessor's increase in operating costs and cost of living
and merit adjustments established by the Anoka County Board of Commissioners. This
language is similar to that contained in the current contract. As indicated in the
attached letter from Mike Sutherland, Anoka County Assessor, no change is anticipated in
the per parcel rate for each type of property for the duration of the new contract period.
Attached is a comparison of costs per parcel under the City's contract with Anoka County
since 2002.
Staff recommends approval of the joint powers agreement with Anoka County for assessment
services, effective January 16, 2013, to January 15, 2018. Mike Sutherland, Anoka County
Assessor, will be present at the meeting to respond to questions.
RECOMMENDED MOTION: Move to approve the joint powers agreement with Anoka County for
assessment services, effective January 16, 2013--January 15, 2018, and to authorize the
Mayor and City Manager to execute the agreement.
COUNCIL ACTION:
16
COUNTY OF ANOKA
DIVISION OF PROPERTY RECORDS AND TAXATION
GOVERNMENT CENTER • 2100 3RD AVENUE•ANOKA, MN 55303
FAX(763) 323-5421
www AnokaCounty.us/prop-records-tax
•Property Assessment -
•Property Records and Public Service
•Property Tax Accounting and Research
October 5,2012
Walt Fehst
City Manager
590 40th Ave. NE 9 12
Columbia Heights, MN 55421
Re: 2014 through 2018 Assessment Contract
Dear Mr. Fehst,
Enclosed, please find a copy of our proposed Assessment Contract'with your jurisdiction for the 2014
through 2018 Assessment years.
You will find that the per parcel rate for each type of property will remain unchanged for the duration of
this contract period.We have been able to do this through some retirements and some alternate
appraisal methods that have helped us do more work with the same or fewer people. Our plan at the
county is to continue to take advantage of whatever technologies are available to get our work done at
the most competitive rates possible.
It is our pleasure to be of service to you. If you have any questions or require my presence at any
council or board meeting prior to adoption I am at your disposal.
Thank you for your kind attention.
Michael R.Sutherland SAMA
Anoka County Assessor
21003 rd Ave,Anoka, MN 55303
763-323-5499
763-274-4411 Cell
17
Anoka County Contract No.
JOINT POWERS AGREEMENT
BETWEEN THE CITY OF COLUMBIA HEIGHTS AND
COUNTY OF ANOKA FOR ASSESSMENT OF PROPERTY
THIS AGREEMENT is made and entered into this day of
20—, by and between the City of Columbia Heights, 590 - 40th Avenue Northeast, Columbia
Heights, Minnesota 55421, hereinafter referred to as the"Municipality,"and the County of Anoka,a
political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303,
hereinafter referred to as the"County."
WITNESSETH:
WHEREAS, pursuant to Minn. Stat.§273.072, subd. 1, any county and city, lying wholly or
partially within the county and constituting a separate assessment district, may, by agreement
entered into under Minn. Stat. § 471.59, provide for the assessment of property in the city by the
county assessor;and
WHEREAS,pursuant to Minn. Stat.§273.072, subd.2,the agreement may provide for the
abolition of the office of the city assessor when the assessment of the property within the city is to
be made under an agreement by the county assessor;and
WHEREAS, it is the wish of the County to cooperate with the Municipality to provide for
a fair and equitable assessment of the property within the Municipality; and
WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat.
§471.59.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed
as follows:
I. That said Municipality constitutes a separate assessment district which lies wholly
within the County and that all property in the geographical boundaries of this district shall be
assessed by the County Assessor of the County beginning with the assessment year 2014,
provided this Agreement is approved by the Commissioner of Revenue.
II. Pursuant to Minn. Stat. § 273.072, subd. 2, the office of the city assessor in the
Municipality shall cease to exist on January 16, 2013, but not before the end of the term of the
current city assessor, if serving for a fixed term, or when an earlier vacancy occurs; provided,
however, that upon the termination of this Agreement, the office of city assessor shall be
automatically reestablished and shall be filled as provided by applicable law or charter in
accordance with Minn. Stat. §273.072.
III. The term of this Agreement shall be from January 16, 2013, through assessment
services performed in the year 2018, unless earlier to Spinated as provided herein.
IV. In consideration of said assessment services, the Municipality shall pay to the
County an annual payment as follows:
2014 Assessment services payable on or before January 15,2014
2015 Assessment services payable on or before January 15,2015
2016 Assessment services payable on or before January 15,2016
2017 Assessment services payable on or before January 15,2017
2018 Assessment services payable on or before January 15,2018
V. For year 2014 assessment services,the Municipality shall pay the County as follows:
A. Twelve Dollars and 50/100s($12.50)for each improved parcel of residential,
seasonal recreational residential and agricultural type property;
B. Four Dollars and 50/100s ($4.50)for each unimproved parcel of residential,
seasonal recreational residential and agricultural type property;
C. Eighty Dollars and 00/100s ($80.00) for each improved and unimproved
parcel of commercial, industrial and public utility type of property;and
D. Eighty Dollars and 00/100s ($80.00) for each improved and unimproved
parcel of apartment and mobile home park type property.
The same procedure shall be used, as described above, in the computation of the
assessment payments due in 2015 through 2018, provided, however,that the cost for each type of
parcel shall be increased according to the County Assessor's increase in operating costs, cost of
living and merit adjustments established by the Anoka County Board of Commissioners for
January 1 to December 31 in the year prior to the date of the assessment.
Vi. Notwithstanding Section 111. above, the County and/or Municipality shall have the
right to terminate this Agreement by providing, at a minimum, two years written notice by certified
mail,which notice shall be sent prior to January 2 of any year to terminate assessment services to
be performed two years from such date(Le.to terminate this Agreement for assessment services in
the year 2015, the party must provide written notice of termination by not later than January 2,
2013).
-2-
19
IN WITNESS WHEREOF, the parties have hereunder set their hands on the dates written
below.
COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS
By: By:
Rhonda Sivarajah, Chair Gary Peterson
Anoka County Board of Commissioners Mayor
Dated: Dated:
By: By:
Jerry Soma
County Administrator Title:
Dated: Dated:
APPROVED AS TO FORM
By: By:
Dan Klint
Assistant County Attorney Title:
Dated: Dated:
The above Agreement is hereby approved by the Commissioner of Revenue this day of
By:
Minnesota Commissioner of Revenue
1:\atty\CIVIDK\CONTRACT\2012\Assessment-JPA101-JPA-assess form.doc
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21
CITY COUNCIL LETTER
Meeting of November 26, 2012
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Rental Housing BY: Gary Gorman BY: /
Licenses � �'
NO: DATE: November 19, 2012 DATE:
Approval of attached list of rental housing applications.
RECOMMENDED MOTION: Move to approve the items listed for rental housing
license applications for November 26, 2012 in that they have met the requirements of the
Property Maintenance Code.
COUNCIL ACTION:
22
COLUM131A HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
Inspection Division
825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151
10025-RY 548 LOMIANKI LN NE Hambissa, Gudina F12224
6223 N London Avenue Apt.#1 $ 150.00
Kansas City, MO 64151-4792
10035 4753 UPLAND CRST NE Kilgore, Gina F12136A
6391 Monroe Street NE $ 150.00
Fridley, MN 55432
10113 4317 5TH ST NE Michael, Nancy F12203
3817 Cedar Lake Place $ 150.00
Minneapolis, MN 55416
10168 411 SUMMIT ST NE Kemp, Gus F12198
PO Box 311 $ 150.00
Lake Elmo, MN 55042-0311
10193 3820 JACKSON ST NE Petelin, Michael F12206
1625 Garland Ln N. $ 150.00
Plymouth, MN 55447
10246 3705 QUINCY ST NE Holt, David F12142A
1880 Alta Vista Drive $ 150.00
Roseville, MN 55113
10298 4408 MONROE ST NE O'Connell, Brian F12245
387 Landcaster Ln N. $ 150.00
Champlin, MN 55316
10351 3706 MAIN ST NE Chu, Joshua F12246
1327-66th Avenue NE $ 150.00
Fridley, MN 55432
10356 1260 46TH AVE NE Atomssa, Bula F11460
8589 Dunkirk Court NE $ 150.00
Blaine, MN 55449
20019 633 51 ST AVE NE Therrien, Thomas F12223
21655 Co. Road 117 $ 150.00
Corcoran, MN 55374
20077 4630 WASHINGTON ST NE Jirasek, Chad F12154
1201 49th Avenue NE $ 150.00
Columbia Heights, MN 55421
11/19/2012 12:04 Page 1
23
COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
Inspection Division
825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151
20090 4849 5TH ST NE Jennings, Matthew F12230
3027 135 AVENUE $ 150.00
Ham Lake, MN 55304
20122 840 50TH AVE NE Tohey, Joesph F12141
544 Summit Street NE $ 150.00
Fridley, MN 55421
20204 3742 3RD ST NE Schaff, Nelia F12243
1551 Woodside Court $ 150.00
Fridley, MN 55432
20254 1349 CIRCLE TERRACE BLVD NE Crystal Corporation F12070
8343 Tillett Loop $ 150.00
Manassas, VA 20110-8312
20347 4049 UNIVERSITY AVE NE Allen Kingsriter, LLC F11930
1236 N. Victoria St. $ 150.00
St. Paul, MN 55117
30023 4226 4TH ST NE Johnson, Ross F12122
7505 Langley Ave. NE $ 160.00
Otsego, MN 55301
Total#of Licenses 17
11/19/2012 12:04 Page 2
24
CITY COUNCIL LETTER
Meeting of November 26, 2012
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: Business License Agenda BY: Shelley Hanson DATE:
NO: DATE: November 20, 2012 BY: 4//
BACKGROUND/ANALYSIS
Attached is the business license agenda for the November 26, 2012 Council meeting. This agenda
consists of applications for Contractor licenses for 2012-2013, and the renewal of various business
licenses for 2013.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for November 26, 2012 as
presented.
COUNCIL ACTION:
25
TO CITY COUNCIL November 26, 2012
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES-2013
BLDG *Norblom Plumbing 2905 Garfield Ave So, Mpls $60
*Jimbo's Plumbing 1630 Fairway Dr, Col. Hts. $60
*Champion Plumbing 3670 Dodd Rd, Eagan $60
B &B Plumbing 25593 109' St W,Zimmerman $60
*Noah Acq/Ben Franklin PI 1424 3rd St. N, Mpls $60
*Service Tech Plumb LLC 8216 Lad Pkwy, Brok Pk $60
*Northeast Tree 2124 Marshall St, Mpls $60
*St. Croix Tree 675 Grupe St, Roberts WI $60
*Ryan Co 50 So. 10th St, Mpls $60
*Drobnick's Const. 17611 Kettle River Blvd, Forest Lake $60
McGough Const 2737 Fairview Ave, Roseville $60
*Gorham Oien Mech 841 Forest Ave E. Mora $60
*Corval Group 1633 Eustis St, St Paul $60
*High Road Htg &Cool 6650 Winfield Cir N, Rockford $60
*Ridler Htg & Cool 3110 Washington Ave N, Mpls $60
*Standard Htg 130 Plymouth Ave N, Mpls $60
*Master Mechanical 1027 Gemini Rd, Eagan $60
*Quality Refrig 6237 Penn Ave S, Richfield $60
*Northern One Hour Htg 9431 Alpine Dr, Ramsey $60
*Harris Co. 909 Montreal Cir, St Paul $60
*Metropolitan Mech 7450 Flying Cloud Dr, Eden Prairie $60
*Kath HVAC 3096 Rice St, Little Canada $60
Air Comfort Htg 19170 Jasper St, Anoka $60
*Assured Htg 13571 Balsam Ln N, Dayton $60
*Fireside Hearth& Hm 2700 Fairview Ave, Roseville $60
*Corporate Mech 5114 Hillsboro Ave,New Hope $60
Yale Mechanical 220 W 81St St, Bloomington $60
Kline dba Practical Sys 4342 B Shady Oak Rd, Hopkins $60
SECONDHAND STORES-2013
POL/F/BL/ZA Apogee Retail LLC/Unique 220137"'Ave, Col. Hts. $100
TVI/Saver's 4849 Central Ave, Col. Hts. $100
CIGARETTE SALES-2013
26
POLICE *Rainbow Foods 4300 Central Ave, Col. Hts. $300
*University Auto 5257 University Ave, Col. Hts. $300
SMOKE SHOPS
POLICE *Hookah Paradise 4110 Central Avenue $300
GAMES OF SKILL
POLICE Theisen Vending at Laund World & Fam. Dollar $105
Jimmy's Pool Hall 4040 Central Ave, Col. Hts. $345
POOL HALL
POLICE Jimmy's Pool Hall 4040 Central Ave, Col. Hts. $100
LIQUOR
POL/F/BL/ZA *Columbia Bar& Grill 4005 Central Ave, Col. Hts. $6,700
*LaCasita Rest. 5085 Central Ave, Col. Hts. $6,700
WINEBEER
POL/F/BL/ZA *Royal Orchid 4022 Central Ave, Col. Hts. $1,600
*Jimmy's Pool Hall 4040 Central Ave, Col. Hts. $2,400
*Puerta Del Sol 3800 Central Ave, Col. Hts. $2,400
OFF SALE BEER
POL/FBL/ZA RBF LLC dba Rainbow 4300 Central Ave, Col. Hts. $150
COURTESY BENCHES
PW Benchmark 8844 Central Ave, Blaine $175
7 benches in City
27
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CITY COUNCIL LETTER
Mee tin of November 26, 2012
AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Second Reading Ordinance# 1610 BY: BY:
Liquor Administrative Penalties DATE November 20, 2012
Background: The purpose of this action is to construct an equitable administrative structure for liquor
violations. The rationale for the amended language, including best practices, is attached as part of the November
6, 2012 City Council letter. A letter was sent to all current liquor license holders informing them of the second
reading and their ability to comment to the Council regarding any concerns.
Recommendation: Approval of Ordinance#1610 as written.
Recommended Motion: Move to waive the reading of Ordinance#1610 as there are ample copies available to
the public.
Move to adopt Ordinance#1610 being an Ordinance amending Ordinance No. 1490, City Code of 2005 relating
to alcohol related license violations.
COUNCIL ACTION:
Attachments: November 9, 2012 Council letter, Ordinance 2012-1610
35
CITY COUNCIL LETTER
Meetin g of.November 13, 2012
AGENDA SECTION: Other Ordinances & ORIGINATING DEPT.: CITY MANAGER
Resolutions Community Development APPROVAL
NO:
ITEM: Ordinance #1610 Amending Liquor BY: Scott Clark BY:
License Establishing Violation Policy DATE: November 6, 2012
Background: Over the past two years the City Council has had to act on several liquor violations. From a staff
perspective, the key to administrative penalities is equitable enforcement, with the understanding that from time
to time some extenuating circumstance will arise that could affect the penalty. Staff is proposing to amend the
current liquor license provisions to add an administrative penalty matrix. At the current time, liquor violations
for selling, on or off-sale, are handled criminally by citing the server or seller with a gross misdeamonor. The
license holder is not penalized unless staff brings the holder to the City Council for a hearing.
In review of other city ordinances there are three key penalty considerations 1) Should an ordinance contain an
"extenuating circumstance" clause 2) What should the penalities be, and 3) How long of a period of time should
elapse so previous violations are not viewed as being a"second violation."4) How are penalties administered?
1) "Extenuating Circumstances"—attached in the proposed amendment(called"Minimum Penalty") is
language from the City of Roseville's Ordinance, which states the process of deviating from the administrative
matrix and establishes that written findings must be made to justify the same.
2) Levels of Penalties- in review of other cities there is obviously a wide range of choices (meaning either
monetary penalty and/or suspension). A significant number of communities have a large monetary fine e.g.
$1,000 for the first violation with no suspension. As shown on the chart, staff recommends a $250.00
administrative fine for the first violation and increases for following violations. As stated before, the owner does
not currently have any monetary penality invested when a violation occurs, and as such, there is not a nexus to
the responsibility that a license holder should have. Based on Council direction, staff has also provided for
License holders to become"Best Practices" licensees that shows their commitment to minimize violations, and
therefore, based on their extra effort they would have less severe penalties administered.
3)Period of time for prior violations- Language needs to be contained as to when prior violations are considered
in the formula of 1St violation, 2nd violation, etc. Based on the seriousness of liquor violations, staff is
recommending that any violation occuring within 24 months of another violation be considered as a successive
violation.
4)Administration of penalty—the proposed amendment establishes that the penalty is "automatic" once the
violation occurs and that fine is paid directly to the City, without a City Council hearing. There is an appeal
process if the licensee views that the violation did not occur and then a hearing date would be established by the
Council. Based on this new amendment, if a liquor violation occurs, the seller or server would be cited by the
Police as a criminal violation and the licensee would be charged an administrative penalty.
If passed on final reading, staff will be sending a notice of the second reading and a copy of the proposed changes to
all current alcohol license holders.
36
Recommended Motions:
MOTION: Move to waive the reading of Ordinance No. 1610, there being ample copies available to the public.
MOTION: Move to set the second reading of Ordinance No. 1610 for Monday,November 26, 2012, at
approximately 7:00 pm in the City Council Chambers.
37
ORDINANCE NO. 1610
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005
RELATING TO ALCOHOL RELATED LICENSE VIOLATIONS
The City of Columbia Heights does ordain:
Chapter 5, Article 5, Sections 5.501-5.510 are proposed to include the following additions and deletions(-):
1 ARTICLE V: LIQUOR AND BEER
Section
5.501 Definitions
5.502 3.2% malt liquors (beer)
5.503 On-sale club liquor
5.504 Intoxicating liquor
5.505 On-sale wine licenses
5.506 Limited intoxicating liquor license
5.507 Sunday on-sale liquor licenses
5.508 Sunday club licenses
5.509 On-sale temporary liquor licenses
5.510 Penalties for license violations
§ 5.501 DEFINITIONS.
For the purpose of this article, the following defmitions shall apply unless the context clearly indicates or
requires a different meaning.
ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% alcohol by volume.
BEER. BEER or 3.2%MALTLIQUOR means any malt beverage with an alcoholic content of more than
0.5%by volume and not more than 3.2%by weight.
BONA FIDE CL UB or CL UB.
(1)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:
(a) Has more than 30 members;
(b) 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;
(c) 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.
38
(2) The serving of beer/liquor must be incidental to and not the major purpose of the club.
DISTILLED SPIRITS. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin
and other distilled spirits, including all 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 guest rooms.
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 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 article
shall be considered.
INTOXICATING LIQUOR. Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages
containing more than 3.2% of alcohol by weight.
LICENSED PREMISES. 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 0.5% 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 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.
ORIGINAL PACKAGE. A sealed or corked container in which the liquor is placed by the manufacturer.
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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 unless specifically listed on the license.
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.
SALE or SELL. These terms shall mean and include all barters and all manners or means of furnishing
intoxicating liquor as herein described.
WHOLESALE. 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 0.5%nor more than 14% alcohol by volume for nonindustrial use. WINE
does not include distilled spirits.
(Ord. 1416,passed 7-24-00)
�§ 5.502 3.2% MALT LIQUORS (BEER).
(A)No person, except the holder of intoxicating liquor licenses, wholesalers and 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 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.
(B) "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 for
municipal facilities and events. "On-sale" 3.2 beer licenses shall permit the sale of beer for consumption on
the premises only.
(C) "Off-sale" 3.2% beer licenses shall permit the sale of 3.2%beer at retail in the original package for
consumption off the premises only.
(D) "Temporary on-sale" 3.2%beer licenses may be granted to clubs, charitable, religious, or nonprofit
organizations, or to the city for municipal facilities and events only. "Temporary on-sale 3.2%f beer
licenses shall be subject to any special terms and conditions as the City Council may prescribe.No more
than 3 four-day, 4 three-day, 6 two-day, or 12 one-day temporary licenses, in any combination not to
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exceed 12 days per year to any one organization or for any one location, within a 12-month period. No
more than one temporary license to any one organization or for any one location, within any 30-day period.
(E)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 investigation of the facts set
forth in the application.
(F) Applications for beer licenses shall state the following:
(1) Whether the applicant is a natural person,partnership, corporation or other form of organization;
(2) Full legal name of applicant and applicant's 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.
(3) Three character references.
(4) 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.
(5) In the case of corporations, partnerships, and other organizations, such information relating to the
identity of each officer, director and partner as required in division(17)(2).
(G) In the case of temporary beer applications, the application shall include the requirements as stated in
division(F) as well as the following information:
(1)Name and address of club/church.
(2) 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.
(3) 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.
(4) Certificate of incorporation.
(5) Statement from property owner granting permission to applicant for use of the premises on which the
stated activity is proposed.
(6) Executed signature of an officer of the club/church.
(H) All applications shall be referred to the Chief of Police. The Chief of Police or his 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
41
also be referred to the Chief of the Fire Department, the Building Official and the City Planning and Zoning
Department for a report indicating whether said premises are in compliance with applicable ordinances and
regulations. A public hearing shall then be held before the City Council, at which time the application for a
license shall be considered. Opportunity shall be given to any person to be heard for or against the granting
of the license at a public hearing. The Council may accept or reject the license application in its discretion
upon completion of the public hearing.
(I) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each
license shall be issued only for the premises described in the application.
(J)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.
(K)No license shall be granted to any person:
(1) Who is under 21 years of age.
(2) 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% malt beer or of intoxicating liquors.
(3) For the sale of 3.2% malt liquor on any premises also occupied by a previous licensee who was
convicted of a violation of this section.
(4) Who is a manufacturer of beer or who is interested in the control of any place where beer is
manufactured.
(5) 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.
(6) Who is not of good moral character and repute.
(7) 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.
(8) 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 dates for which the license is sought.
(9)No license shall be issued to any applicant for a location within 300 feet of any school or church, unless
such license has been previously approved when no school or church was so situated.
(L) Licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions:
(1)No gambling, nor any gambling device allowed that is prohibited by law.
(2) All licensees under this section shall allow the business premises to be inspected by police or health
officials at any time.
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(3)No sale of 3.2% 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.
(4)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 section.
(5)No person under 18 years of age shall be employed on the premises, except that persons under 18 years
of age may be employed as musicians, bus boys and kitchen help.
(6)No person or customer, other than the licensee and his employees, may remain on any licensed premises
after 1:30 a.m.
(7)No licensee or his agent shall serve beer or permit the sale of beer to any person under 21 years of age.
(8) 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.
(9)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.
(10)No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by
the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical
contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical
contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football,
baseball, hockey, and softball, are not included among activities prohibited by this section.
(M)No license shall be granted for sale on any premises where a licensee has been convicted of any
violation of this section, 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.
(N)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 least one year immediately preceding the application for a license.
(0) (1) Each application for a license must be accompanied by the applicable license and investigation fees
payment in full. As stated in § 5.103(E)(1): "Fees shall not be prorated unless specifically authorized
herein, or by City 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.
(2)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.
43
(P) "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.
(Q) (1)At the time of filing an application for any on-sale or off-sale 3.2%malt liquor license,the
applicant shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on any
liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all
documents shall be approved as to content, form and execution. The licensee and the city shall be named as
joint insured on the liability insurance policy. The policy shall be effective for the entire license year.
(2) Proof of financial responsibility may be provided by supplying to the Clerk any of the following items:
(a)A certificate that there is in effect for the license period an insurance policy providing at least$50,000
of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily
injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of
property of others in any one occurrence, $50,000 for loss of means of support of any one person in any
one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence;
or
(b) A bond of a surety company with minimum coverages as provided in subdivision(a); or
(c) A certificate of the State Treasurer that the licensee has deposited with that office $100,000 in cash or
securities which may legally be purchased by savings banks or for trust funds having a market value of
$100,000.
(R) These licensees must provide the same insurance provided in division(Q). The location of the event
and date of the event must be indicated on the certificate of insurance.
(S)Any liability insurance required by this section must provide that it may not be canceled for:
(1)Any cause, except for nonpayment of premium,by either the insured or the insurer unless the canceling
party has first given 30 days' notice in writing to the issuing authority of intent to cancel the policy; and
(2)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.
(T)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.
(U) Every license shall be granted subject to the conditions and provisions of this section and of other
applicable ordinances of the city or state law.
(V) All licensed premises shall have the license posted in a conspicuous place at all times.
44
(W)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 M.S. § 340A.308, as it may be amended from time to
time.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.
(X)Any peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee
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 section and grounds for revocation of license.
(Y)Any person violating any provision of this section shall be guilty of a misdemeanor.
(Z)Any"on or off sale"License holder is subject to provisions of§5.510 regarding penalties for License
violations.
('77 Code, § 5.501) (Am. Ord. 1119,passed 2-24-86; Am. Ord. 1135,passed 9-22-86; Am. Ord. 1154,
passed 8-24-87; Am. Ord. 1416,passed 7-24-00; Am. Ord. 1482,passed 3-28-05) Penalty, see 5.701
}§ 5.503 ON-SALE CLUB LIQUOR.
(A) On-sale licenses for the sale of intoxicating liquor may be issued to bona fide clubs, as defined herein,
which have been in existence for three years or more, or to an incorporated congressionally chartered
veterans organization which has been in existence for three years or more.
(1) The licenses issued shall be for sale of intoxicating liquors to club members and guests only.
(2) The license fee shall be set by Minnesota State Statute. No license will be issued unless at the time of
application the applicant has paid the license fee in full and a non-refundable investigation fee as set by
City Council resolution. Where all applicants are in-state, the investigation fee will be$500; where any
applicants are out of state, the investigation fee shall be $2,000. If the investigation fee for in-state or out of
state applicants exceeds the minimum fee, the additional costs of the investigation will be billed to the
applicant(s). Upon rejection of any application for a license, or upon withdrawal of an application before
approval of the issuance by the City Council, the license fee shall be refunded to the applicant. In any case,
the investigation fee will be non-refundable. All licenses shall expire on the last day of December of each
year.
(B)Any club as defined herein, may make application for such license. The application shall be made with
the Clerk and shall contain the following information in addition to a forge from the Minnesota Liquor
Control Commissioner:
(1)Name and address of club.
(2) Date of and copy of certificate of incorporation of club or other documentation of legal status.
(3) Certified copy of the by-laws of the club, including therein a definition of the word"member."
(4) A list of the membership.
45
(5)A copy of the Charter, if any.
(6) List of corporate officers, board of directors and manager.
(7) Copy of lease agreement or statement of ownership of premises occupied by the applicant.
(8)A statement as to whether or not real estate taxes and local assessments for the premises to be licensed
are fully paid, and if not paid, the years and amounts which are unpaid.
(9) Executed signature of an officer of the corporation.
(10) Full legal name of applicant and applicant's 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.
(C) At the time of filing an application for any on-sale intoxicating liquor license, the applicant shall file
with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability insurance
policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be
approved as to content, form and execution. The licensee and the city shall be named as joint insured on the
liability insurance policy. The policy shall be effective for the entire license year or term of license. Proof
of financial responsibility may be provided by supplying to the Clerk any of the following items:
(1) A certificate that there is in effect for the license period an insurance policy providing at least$50,000
of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily
injury to two or more persons in any one occurrence, $10,000 because of bodily injury to or destruction of
property of others in any one occurrence, $50,000 for loss of means of support of any one person in any
one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence;
or
(2) A bond of a surety company with minimum coverages as provided in division(D)(1); or
(3) A certificate of the State Treasurer that the licensee has deposited with the State Treasurer$100,000 in
cash or securities that may be legally purchased by savings banks or trust funds having a market value of
$100,000.
(D) The operation of an intoxicating liquor license without having on file at all times with the city the
liability insurance policy or other evidence of financial responsibility required herein shall be grounds for
immediate revocation of the license.Notice of cancellation of a current liquor liability policy serves as
notice to the licensee of the impending revocation and unless evidence of compliance with the financial
responsibility requirements of this section are presented to the Clerk before the termination is effective,the
license will be revoked instantly upon the lapse in coverage. Any liability insurance required by this section
must provide that it may not be canceled for:
(1)Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling
party has first given 30 days' notice in writing to the issuing authority of intent to cancel the policy; and
(2)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.
46
(E) All applications shall be referred to the Chief of Police. The Chief of Police or his designee is
empowered to conduct any and all investigations to verify the information on the application, including
ordering a computerized criminal history inquiry obtained through the Criminal Justice System and/or a
driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The
application shall also be referred to the Chief of the Fire Department, the Building Official and the City
Planning and Zoning Department for a report indicating whether said premises are in compliance with
applicable ordinances and regulations. A public hearing shall then be held before the City Council, at which
time the application for a license shall be considered. Opportunity shall be given to any person to be heard
for or against the granting of the license at a public hearing. The City Council may accept or reject the
license application in its discretion upon completion of the public hearing. Each license shall be issued to
the applicant(s) only and shall not be transferable to another holder. Each license shall be issued only for
the premises described in the application.
(F)No license shall be issued to any applicant for a location within 300 feet of any school or church, unless
such license has been previously approved when no school or church was so situated.
(G) Clubs which are licensed pursuant to the provisions of this section shall be subject to the following
regulations:
(1)No sales of any or intoxicating liquor 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.
(2) Sales shall be made only to club members and their guests.
(3) Liquor may only be sold at the premises designated in the license.
(4) The Clerk shall be notified of any change in the person managing the liquor operations for the club.
(5)No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by
the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical
contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical
contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football,
baseball, hockey, and softball, are not included among activities prohibited by this section.
(H) Any on-sale license issued pursuant to the provisions of this section shall be subject to § 5.504(L).
(I)Any person violating any provision of this section shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished as per state statute.
(J) Any Club License is subject to provisions of§5.510 regarding penalties for License violations.
('77 Code, § 5.502) (Am. Ord. 1135, passed 9-22-86; Am. Ord. 1154,passed 8-24-87; Am. Ord. 1190,
passed 10-23-89; Am. Ord. 1419, passed 9-25-00; Am. Ord. 1482,passed 3-28-05)
)§ 5.504 INTOXICATING LIQUOR.
(A) No person, except wholesalers or manufacturers to the extent authorized by state statute, shall directly
or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to
do so as provided in this chapter. On-sale intoxicating liquor licenses may be issued to the following
establishments:
47
(1)Hotels;
(2) Restaurants with minimum seating for 150 guests at one time and a dining area with a minimum floor
area of 3,000 square feet;
(3) Bowling centers with not less than 15 lanes and with appropriate facilities for the serving of food to not
less than 30 persons;
(4) Clubs or congressionally chartered veterans' organizations, with the approval of the commissioner,
provided that the organization has been in existence for at least three years; liquor sales only to members
and bona fide guests.
(B) On sale intoxicating liquor licenses shall be granted to establishments that derive at least 60% of the
annual gross receipts from the sale of food. A hotel shall have a dining area providing seating for at least 75
guests at one time and a minimum of ten guest rooms, and of that part of the total business receipts
attributable to or derived from the serving of foods and intoxicating liquors, no less than 60% of the
business receipts from a license year must be attributable to the sale of food. A bowling center shall be
conducted in such a manner that no less than 60% of the business receipts for the license year shall be
derived from the serving of food and bowling.
(C) A restaurant which contains a minimum of 3,300 square feet of building area located on the same floor
with minimum seating for 150 guests at one time and a combined waiting and dining space with a
minimum floor area of 2,000 square feet may make application for a limited intoxicating liquor license
provided that the premises does not contain an elevated counter, commonly known as a bar and meets the
60% requirements of division(B). The annual license fee shall be set by resolution of the City Council. In
the absence of a resolution, the license fee shall be $5,500.
(D)No license shall be granted for any premises which does not have a sprinkler system.
(E) Every application for a license to sell intoxicating liquor on-sale shall be made on a form supplied by
the city. Applications shall be filed with the Clerk. It shall be unlawful to make any false statement in an
application. By submitting an application, the applicant consents to any and all investigations the city
deems appropriate and waives any claims the applicant may have. Copies of the application shall be
submitted to such other city departments as the City Council shall deem necessary for verification and
investigation of the facts set forth in the application.
(F)In addition to the information required on the State Liquor Control Commissioner's form, the on-sale
intoxicating liquor license application shall contain the following information:
(1) Type of license applicant seeks.
(2) Whether the applicant is a natural person, corporation, partnership, or other form of organization.
(3) Full legal name of applicant and applicant's 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.
(a) Whether the applicant has ever used or been known by a name other than his true name, and, if so, what
was such name or names and information concerning dates and places where used.
48
(b)Name of business.
(c) The nature of any other business to be operated in conjunction with the on-sale of intoxicating liquor
and whether the applicant is the owner or operator of such other business, and if so, the length of time in
such business.
(d) Street addresses at which applicant and current spouse have lived during the preceding ten years.
(e) Kind, name and location of every business or occupation applicant or present spouse have been engaged
in during the preceding ten years.
(f)Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten
years.
(g) 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.
(h) Whether applicant or spouse has ever been engaged as an employee or in operating a bar, 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 DD/214 form.
(4) 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 division(17)(3).
(5) If the applicant is a corporation or other organization and is applying for an on-sale license, the
following will be required:
(a)Name and, if incorporated, the state of incorporation.
(b) A true copy of certificate of incorporation or other documentation of legal status.
(6) An applicant for an on-sale license shall submit a floor plan of the dining room or dining rooms which
shall be open to the public, shall show dimensions, and shall indicate the number of persons intended to be
served in each of said rooms.
(7) Three character references located within the State of Minnesota.
(8) Whether or not all real estate taxes and local assessments for the premises to be licensed which are due
and payable have been paid and if not paid, the years and amounts which are unpaid.
(9) Such other information as the City Council shall require.
(G) (1) Applications for the renewal of an existing license shall be made a minimum of 60 days prior to the
date of the expiration of the license.
49
(2)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 12-month period immediately preceding the date for filing renewal applications.
(H)If the application is 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.
(I)No license will be issued unless at the time of application the applicant has paid the license fee in full
and a non-refundable investigation fee as set by City Council resolution. In the absence of a resolution,the
license fee shall be$6,500; where all applicants are in-state, the investigation fee will be$500; where any
applicants are out-of-state, the investigation fee shall be$2,000. If the investigation fee for in-state or out of
state applicants exceeds the minimum fee, the additional costs of the investigation will be billed to the
applicant(s).A new application shall be submitted and a license fee and investigation fee paid when there is
a change in ownership or control of a licensed corporation. Upon rejection of any application for a license,
or upon withdrawal of an application before approval of the issuance by the City Council,the license fee
shall be refunded to the applicant. In any case,the investigation fee will be non-refundable. The license fee
for an on-sale license granted after the commencement of the license year shall be pro-rated on a monthly
basis. All licenses shall expire on the last day of December of each year.
(1) When the license is for premises where the building is not ready for occupancy, the time fixed for
computation of the license fee for the initial license period shall be 90 days after approval of the license by
City Council or upon the date the building is ready for occupancy,whichever is sooner.
(2)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.
(J) (1)All applications shall be referred to the Chief of Police. The Chief of Police or his designee is
empowered to conduct any and all investigations to verify the information on the application, including
ordering a computerized criminal history inquiry obtained through the Criminal Justice System and/or a
driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The
application shall also be referred to the Chief of the Fire Department, the Building Official and the City
Planning and Zoning Department for a report indicating whether said premises are in compliance with
applicable ordinances and regulations. A public hearing shall then be held before the City Council, at which
time the application for a license shall be considered. Opportunity shall be given to any person to be heard
for or against the granting of the license at a public hearing. The City Council may accept or reject the
license application in its discretion upon completion of the public hearing.
(2) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each
license shall be issued only for the premises described in the application.
(K)No license shall be granted to or held by any person:
(1) Who is less than 21 years of age.
(2)Who is not of good moral character and repute.
(3) 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.
50
(4) Who has been convicted of a felony or any violation of law of this state or local ordinance relating to
the manufacture, transportation or sale of beer, wine, or of intoxicating liquors.
(5) For the sale of intoxicating liquor on any premises also occupied by a previous licensee who was
convicted of a violation of this section or where a license has been revoked by the City Council.
(6) Who is a manufacturer of intoxicating liquor.
(7) Who is not the proprietor of the establishment for which the license is issued.
(8) 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.
(9)No license shall be issued to any applicant for a location within 300 feet of any school or church, unless
such license has been previously approved when no school or church was so situated.
(L) On sale intoxicating liquor licenses granted pursuant to the provisions of this section shall be subject to
the following conditions:
(1) Every license shall be granted subject to the conditions and provisions of this section and of any other
applicable ordinances of the city or state law.
(2) The license shall be posted in a conspicuous place in the licensed establishment at all times.
(3)Any peace officer shall have the unqualified right to enter, inspect, and search the premises of the
licensee during business hours without a warrant upon information or belief of a violation of federal, state
or local laws. Business hours shall be deemed any time when licensee or employees are present on the
premises. Refusal to permit such inspection is a violation of this section and grounds for revocation of
license.
(4) Every licensee shall be responsible for the conduct of his place of business and the conditions of
sobriety and order in the place of business and on the premises. The act of any employee on the licensed
premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the
licensee shall be liable to all penalties provided by ordinance, statute, or regulation equally with the
employee.
(5)No on-sale licensee shall sell intoxicating liquor off-sale.
(6)No license shall be effective beyond the space named in the license for which it was granted.
(7)No intoxicating liquor shall be sold or furnished or delivered to any obviously intoxicated person, or to
any person to whom sale is prohibited by state law.
(8)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.
(9)No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package
which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in
any manner tamper with the contents of any original package so as to change its composition or alcoholic
51
content while in the original package. Possession on the premises by the licensee of any intoxicating liquor
in the original package differing in composition or alcoholic content in the liquor when received from the
manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents or
the original package have been diluted, tampered with or changed.
(10) In the case of corporations, partnerships, or other forms of organizations, when there is a change in
officers, directors, or partners, a new application must be submitted.
(11)No gambling allowed, nor any gambling device prohibited by law.
(12)No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by
the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical
contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical
contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football,
baseball, hockey, and softball, are not included among activities prohibited by this section.
(M)No sale of intoxicating liquor for consumption on a licensed premises 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.
(N) (1)At the time of filing an application for any on-sale intoxicating liquor license, the applicant shall
file with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability
insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents
shall be approved as to content, form and execution. The licensee and the city shall be named as joint
insured on the liability insurance policy. The policy shall be effective for the entire license year or term of
license.
(2) 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 or pool providing at least
$50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because
of bodily injury to two or more persons in any one occurrence, $10,000 because of bodily injury to or
destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one
person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one
occurrence; or
(b) A bond of a surety company with minimum coverages as provided in division(N)(2)(a); or
(c) A certificate of the State Treasurer that the licensee has deposited with the State Treasurer$100,000 in
cash or securities that may be legally purchased by savings banks or trust funds having a market value of
$100,000.
(0) (1) The operation of an intoxicating liquor license without having on file at all times with the city the
liability insurance policy or other evidence of financial responsibility required herein shall be grounds for
immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as
notice to the licensee of the impending revocation and unless evidence of compliance with the financial
responsibility requirements of this section are presented to the Clerk before the termination is effective, the
license will be revoked instantly upon the lapse in coverage.
(2)Any liability insurance required by this section must provide that it may not be canceled for:
52
(a) Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling
party has first given 30 days' notice in writing to the issuing authority of intent to cancel the policy; and
(b)Nonpayment of premium unless the canceling party has first given ten days' notice in writing to the
issuing authority of intent to cancel the policy.
(P) (1) The City Council may suspend or revoke any intoxicating liquor license for the violation of any
provision or condition of this section or of any state law or federal law regulating the sale of intoxicating
liquor, and shall revoke such license for any willful violation which,under the laws of the state, is grounds
for mandatory revocation, and shall revoke for failure to keep the insurance required by division (N) in full
force and effect.
(2)Non manda4ei=y r-evoeation or-suspension by the Getineil shall be preeeded by wr-44en natiee to the
> without any aetiee-,
eh -ge thereof No stispension „f+°f piabl e h°.,frog sh ii ° ed 60 days.
(2) License holder is also subject to provisions of§5.510 regarding penalties for License violations.
(Q) Any person violating any provision of this section shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished as per state statute.
('77 Code, § 5.503) (Am. Ord. 1119,passed 2-24-86; Am. Ord. 1135,passed 9-22-86; Am. Ord. 1154,
passed 8-24-87; Am. Ord. 1419, passed 9-25-00; Am. Ord. 1482, passed 3-28-05)
, ,)§ 5.505 ON-SALE WINE LICENSES.
(A)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.
(B) "On-sale wine"licenses shall be granted only to restaurants which are conducted in such a manner that
at least 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 25 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, 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 25 people at tables, and the
hotel must have a minimum of ten rooms.
(C) A holder of an on-sale wine license who is in compliance with all requirements of this section may sell
intoxicating malt liquor(strong beer) on-sale without an additional license.
(D) Only the sale of wine not exceeding 14% alcohol by volume for consumption on the licensed premises
in conjunction with the sale of food shall be permitted.
53
(E) The number of wine licenses issued are unlimited and are not counted in the number of intoxicating
liquor licenses allowed under state statute.
(F) 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 verification and
investigation of the facts set forth in the application.
(G)No license will be issued unless at the time of application the applicant has paid the license fee in full
and a non-refundable investigation fee as set by City Council resolution. In the absence of a resolution, the
license fee shall be$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. 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.
(H) 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:
(1) Type of license applicant seeks.
(2) Whether the applicant is a natural person, corporation,partnership, or other form of organization.
(3) Full legal name of applicant and applicant's 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.
(4) Whether the applicant has ever used or been known by a name other than his true name, and, if so, what
was such name or names and information concerning dates and places where used.
(5)Name of business.
(6) The nature of any other business to be operated in conjunction with the on-sale of wine and whether the
applicant is the owner or operator of such other business, and if so, the length of time in such business.
(7) Street addresses at which applicant and current spouse have lived during the preceding ten years.
(8) Kind, name and location of every business or occupation applicant or present spouse have been engaged
in during the preceding ten years.
(9)Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten
years.
54
(10) 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.
(11) 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.
(12) Whether applicant has ever been in military service. If so, applicant shall attach DD/214 form.
(13) 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 subdivisions (3)through(12) above.
(14) If the applicant is a corporation or other organization and is applying for an on-sale license, the
following will be required:
(a)Name and, if incorporated,the state of incorporation.
(b)A true copy of certificate of incorporation or other documentation of legal status.
(15) Three character references located within the State of Minnesota.
(1) (1) All applications shall be referred to the Chief of Police. The Chief of Police or his 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.
(2) The Council may accept or reject the license application in its discretion upon completion of the public
hearing.
(J) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each
license shall be issued only for the premises described in the application.
(K)No license shall be granted to any person:
(1) Who is less than 21 years of age.
(2) Who is not the proprietor of the establishment for which the license is issued.
(3) Who has been convicted of a felony or any violation of law of this state or local ordinance relating to
the manufacture, transportation or sale of beer, wine, or of intoxicating liquors.
(4) For the sale of wine on any premises also occupied by a previous licensee who was convicted of a
violation of this section or where a license has been revoked by the City Council.
55
(5) Who is a manufacturer of wine or beer.
(6) 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.
(7) Is not of good moral character and repute.
(8) 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.
(9)No wine license shall be issued for premises other than a hotel or restaurant.
(L) 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 12-month period immediately preceding the date for filing renewal
applications.
(M) 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.
(N) On-sale wine licenses granted pursuant to the provisions of this section shall be subject to the following
conditions:
(1) The license shall be posted in a conspicuous place in the licensed establishment at all times.
(2)All licensees under this section shall allow the business premises to be inspected by police or health
officials at any time.
(3) 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.
(4)No on-sale licensee shall sell wine off-sale.
(5)No license shall be effective beyond the space named in the license for which it was granted.
(6)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.
(7)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.
(8)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
56
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.
(9)No gambling allowed, nor any gambling device prohibited by law.
(10)No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by
the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical
contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical
contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football,
baseball, hockey, and softball, are not included among activities prohibited by this section.
(0)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.
(P) (1)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.
(2) Proof of financial responsibility may be provided by supplying to the Clerk any of the following items:
(a) A certificate that there is in effect for the license period an insurance policy providing at least$50,000
of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily
injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of
property of others in any one occurrence, $50,000 for loss of means of support of any one person in any
one occurrence, and$100,000 for loss of means of support of two or more persons in any one occurrence;
or
(b) A bond of a surety company with minimum coverages as provided in subdivision(a); or
(c)A certificate of the State Treasurer that the licensee has deposited with that office$100,000 in cash or
securities which may legally be purchased by savings banks or for trust funds having a market value of
$100,000.
(3) 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.
(Q) Any liability insurance required by this section must provide that it may not be canceled for:
(1) Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling
party has first given 30 days' notice in writing to the issuing authority of intent to cancel the policy; and
(2)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.
57
(R) The City Council may suspend or revoke any on-sale wine license for the violation of any provision or
condition of this section 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 divisions (P) and (Q) in full force and effect.
lieensee and a publie heafing. The netiee shall give at least 10 days' notiee of the tiffie and plaee ef
heafing a+id shall stat@ the nature of the ehar-ges against t4e lieensee. The Couneil may, without aff netic'—,
suspend any lieefise pending a heafing eff Feveeation fer-a period not exeeeding 30 days. The ftetiee may-be
sef-,ed upen tLe heensee per-senally or-by leaving the same a4 the heensed premises with the persan in.
ehafge "p°t".i'vn urn
(S) License holder is also subject to provisions of§5.510 regarding penalties for License violations.
(T) Any person violating any provision of this section shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished as per state statute.
('77 Code, § 5.504) (Am. Ord. 965, passed 11-23-81; Am. Ord. 1119, passed 2-24-86; Am. Ord. 1135,
passed 9-22-86; Am. Ord. 1416,passed 7-24-00; Am. Ord. 1482,passed 3-28-05; Am. Ord. 1605,passed
1-9-12)
-41§ 5.506 LIMITED INTOXICATING LIQUOR LICENSE.
(A) The provisions of§ 5.503, with the exceptions of§§ 5.503(C) and (M), are applicable in all respects to
all persons licensed or otherwise affected by limited intoxicating liquor licenses except as is otherwise
herein specifically provided.
(B) The annual license fee for limited intoxicating liquor licenses shall be set by resolution of the Council.
In the absence of a resolution, the annual license fee shall be $5,400.
(C)No sale of intoxicating liquor for consumption on the premises licensed under this section may be made
before 8:00 a.m. on any day; after 11:00 p.m. on any day; on Sundays; or between 8:00 p.m. on December
24 and 8:00 a.m. on December 25.
(D)No license shall be granted under this section for a restaurant that:
(1) Contains less than 3,300 square feet of building area located on the same floor;
(2) Contains a combined dining and waiting area of less than 2,000 square feet;
(3) Contains a seating capacity open to the general public of less than 150 seats; or
(4) Contains an elevated counter, commonly known as a bar, the primary purpose of which is use as a place
where persons may purchase and consume intoxicating liquor.
(E)No license shall be granted under this section for the sale of any intoxicating liquor except in
conjunction with a food purchase. No person shall sell or purchase intoxicating liquor on premises licensed
under this section except in conjunction with a food purchase.
(F) Any person violating any provision of this section shall be punished as provided in § 1.999.
58
(G) License holder is also subject to provisions of§5.510 regarding penalties for License violations.
('77 Code, § 5.505) (Am. Ord. 1035,passed 3-14-83; Am. Ord. 1135,passed 9-22-86)
1§ 5.507 SUNDAY ON-SALE LIQUOR LICENSES.
(A) Establishments to which on-sale licenses have been issued or hereafter may be issued,pursuant to §§
5.502 and 5.503 may serve intoxicating liquors between the hours of 10:00 a.m. on Sunday and 1:00 a.m.
on Mondays in conjunction with the serving of food, provided that such establishment is in conformance
with the Minnesota Clean Air Act.
(B)No person, firm or corporation shall sell or serve, directly or indirectly, intoxicating liquors pursuant to
division(A) without having first obtained a special license pursuant to this section.
(C) A Sunday liquor license may be issued only for a one-year period coinciding with the dates of
applicant's intoxicating liquor license, for a fee of$200. If Minnesota Statutes are amended to allow
charging a fee in excess of$200, the Council may, by resolution, charge a fee in excess thereof.
(D) Any license granted hereunder may be revoked or suspended for any violation of§§ 5.503 or 5.502.
(E) Any person violating any provision of this section shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished as per state statute.
(F) License holder is also subject to provisions of§5.510 regarding penalties for License violations.
('77 Code, § 5.506) (Am. Ord. 1069,passed 1-12-84; Am. Ord. 1419,passed 9-25-00)
)§ 5.508 SUNDAY CLUB LICENSES.
(A) Establishments to which on-sale licenses have been issued or hereafter may be issued, pursuant to §
5.502 may serve intoxicating liquors between the hours of 10:00 a.m. and 12:00 midnight on Sundays in
conjunction with the serving of food,provided that such establishment is in conformance with the
following, to-wit:
(1) The Minnesota Clean Indoor Air Act(M.S. §§ 144.411 to 144.417, as they may be amended from time
to time);
(2) The licensing provisions of§ 5.502;
(3) The applicant is not in violation of any provision of this code.
(B)No person, firm or corporation shall sell or serve, directly or indirectly, intoxicating liquors pursuant to
division (A) of this section without having first obtained a special license pursuant to this section.
(C) A Sunday club liquor license may be issued for a one-year period coinciding with the dates of the
applicant's other license or for such lesser period as is set by resolution of the Council. The license fee shall
be set by resolution of the Council.
59
(D)Any license granted hereunder may be revoked for cause or for any violation of§ 5.502 of this code.
(E) The provisions of M.S. § 340A.408, subd. 5, as it may be amended from time to time, shall apply to
Sunday liquor licenses.
(F)No license to serve intoxicating liquor on Sunday shall be granted under this chapter unless the
applicant makes application pursuant to § 5.502 of this code.
(G) The provisions of§ 5.502(R) shall apply to any person, firm or corporation selling or serving beverages
in violation of this section.
('77 Code, § 5.508) (Am. Ord. 1069, passed 1-12-84; Am. Ord. 1116,passed 2-13-86) Penalty, see § 5.701
§ 5.509 ON-SALE TEMPORARY LIQUOR LICENSES.
(A) A temporary license for the on-sale of intoxicating liquor in connection with a social event within the
city sponsored by the licensee may be issued to a club or charitable, religious, or other nonprofit
organization in existence for at least three years as set forth in this section.
(B) The license may authorize the on-sale of intoxicating liquor for not more than four consecutive days,
and may authorize on-sales on premises other than the premises the licensee owns or permanently occupies.
No more than 3 four-day, 4 three-day, 6 two-day, or 12 one-day temporary licenses, in any combination not
to exceed 12 days per year to any one organization or for any one location, within a twelve month period.
No more than one temporary license to any one organization or for any one location within any 30-day
period. Temporary on-sale licenses are only valid for the dates, times and locations specifically stated on
the license.
(C) The license may provide that the licensee may contract for intoxicating liquor catering services with the
holder for a full-year on-sale intoxicating liquor license issued by the municipality.
(D) License applicants shall furnish the information required by § 5.503(E). In addition, the Council may,
at its option, require a license applicant to provide the information as follows:
(1)Name and address of club/church.
(2) 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.
(3) 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.
(4) Certificate of incorporation.
(5) Statement from property owner granting permission to applicant for use of the premises on which the
stated activity is proposed.
(6) Executed signature of an officer of the club/church.
60
(E) All applications shall be referred to the Chief of Police. The Chief of Police or his 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.
(F) The Council may accept or reject the license application in its discretion upon completion of the public
hearing, subject to the following criteria:
(1)No license shall be issued to any organization whose applicant has been convicted of a felony or any
violation of any law of this state or local ordinance related to the sale, manufacture or transportation of
beer, wine or intoxicating liquor.
(2)No license shall be issued unless the applicant has first paid a license fee in an amount set by resolution
of the Council. In the absence of a resolution,the license fee shall be $100 per day or portion thereof. No
license will be issued unless at the time of application the applicant has paid a non-refundable investigation
fee as set by City Council resolution. Where all applicants are in-state, the investigation fee will be $500;
where any applicants are out of state, the investigation fee shall be$2,000. If the investigation fee for in-
state or out-of-state applicants exceeds the minimum fee, the additional costs of the investigation will be
billed to the applicant(s). If the organization holds an existing annual liquor license, an investigation fee
need not be collected. Upon rejection of any application for a license, 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.
(G) Licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions:
(1)No licensee or his agent may sell or permit the sale of intoxicating liquor licensed to be sold under this
section between the hours of 1:00 a.m. and 8:00 a.m. on days Monday through Saturday,nor between the
hours of 1:00 a.m. and 12:00 noon on Sunday. No licensee or his agent or any other person shall consume
or allow to be consumed on the licensed premises any intoxicating liquor between the hours of 1:30 a.m.
and 8:00 a.m. Should the Council decide to additionally restrict the hours of sale in granting the license, no
licensee or his agent may sell or permit the sale of intoxicating liquor at any time not specifically allowed
in such license.
(2)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. 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 section and grounds for revocation of license.
(3)All sales and consumption of intoxicating liquor must be in a separated and confined area.
(4)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.
(5)No intoxicating liquor shall be sold or furnished or delivered to any obviously intoxicated person or to
any person to whom sale is prohibited by state law.
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(6)No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by
the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical
contact by striking or touching an opponent with hands,head, feet, or body. Team sports, in which physical
contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football,
baseball, hockey, and softball, are not included among activities prohibited by this section.
(H)(1)At the time of filing an application for any temporary on-sale intoxicating liquor license,the
applicant shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on any
liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all
documents shall be approved as to content, form and execution. The licensee and the city shall be named as
joint insured on the liability insurance policy. The policy shall be effective for the entire license term. The
location of the event and date of the event must be indicated on the certificate of insurance.
(2)Proof of financial responsibility may be provided by supplying to the Clerk any of the following items:
(a)A certificate that there is in effect for the license period an insurance policy providing at least$50,000
of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily
injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of
property of others in any one occurrence, $50,000 for loss of means of support of any one person in any
one occurrence, and$100,000 for loss of means of support of two or more persons in any one occurrence;
or
(b)A bond of a surety company with minimum coverages as provided in subdivision(a)above; or
(c) A certificate of the State Treasurer that the licensee has deposited with that office$100,000 in cash or
securities which may legally be purchased by savings banks or for trust funds having a market value of
$100,000.
(I)Any liability insurance required by this section must provide that it may not be canceled for:
(1)Any cause, except for nonpayment of premium,by either the insured or the insurer unless the canceling
party has first given 30 days' notice in writing to the issuing authority of intent to cancel the policy; and
(2)Nonpayment of premium unless the canceling parry has first given ten days' notice in writing to the
issuing authority of intent to cancel the policy.
(J)The operation of a temporary on-sale intoxicating liquor license without having on file at all times with
the city the liability insurance policy or other evidence of financial responsibility required herein shall be
grounds for immediate revocation of the license.Notice of cancellation of a current liquor liability policy
serves as notice to the licensee of the impending revocation and unless evidence of compliance with the
financial responsibility requirements of this section are presented to the Clerk before the termination is
effective, the license will be revoked instantly upon the lapse in coverage.
(K) Licenses under this section are not valid unless first approved by the State of Minnesota Commissioner
of Public Safety.
(L)Any person violating any provision of this section shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished as per state statute.
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('77 Code, § 5.510) (Am. Ord. 1149, passed 6-22-87; Am. Ord. 1419, passed 9-25-00; Am. Ord. 1482,
passed 3-28-05)
> 5.510 POLICY FOR ALCOHOL LICENSE VIOLATIONS
It is the goal of the City of Columbia Heights to have each liquor licensee comply with the law 100% of the
time in relation to the ordinance regulating liquor. The City of Columbia Heights will maintain staff to
complete annual compliance checks, periodically check establishments for compliance with hours and
license conditions. The City will act as a resource to provide server training or to direct businesses to
approved training on an annual basis. The City wishes to have all business choose to be a Best Practices
liquor licensee.
BEST PRACTICES:
Best Practices licensees will have the benefit of following the"Best Practices"violation matrix. The Best
Practices program is voluntary and serves as a cooperative venture between licensees and the City to meet
the goals of the City laid out in the city code. Best Practices licensees will fill out an application from the
City of Columbia.Heights committing their establishment to working towards 100% compliance with the
applicable ordinances and Minnesota State Statutes.
Required Activities:
Best Practices licensee will agree to keep records of Best Practices activities and to have them available for
inspection. The Best Practices licensee will have 75% of all alcohol selling staff trained by the Columbia
Heights Police Department, Minnesota Department of Alcohol and Gambling Enforcement, the Minnesota
Municipal Beverage Association, the Minnesota.Licensed Beverage Association, (or any other organization
who provides similar training upon approval by City's Liquor Licensing Department) on an annual basis.
Best Practices licensees will have a written internal training program for new employees and a written
policy requiring identification on anyone appearing to be 40 years old or younger.
Optional Activities:
Best Practices licensees will do four(three if they do integrated ID scanner on register) of the following:
• Continuously certify 75% of all employees who sell alcohol are trained.
• Internal employee reward/recognition program for employees who catch underage customers.
• Run an approved internal compliance program.
• Automated ID card scanner integrated into cash register.
• Pre-arrange to meet with staff and prosecutor on violations.
• Have a policy to check ID on every sale.
• Have a policy to work with the Columbia Heights Police Department to prevent secondary resale of
alcohol.
• Have a minimum age of 21 for employees selling alcohol products.
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PROCESS FOLLOWED FOR VIOLATIONS
The purpose of this section is to establish a standard by which the City determines the length of a
license suspension, revocation, and/or civil penalty. This policy shall apply to all on-sale and off-sale
license holders. These penalties are deemed to be appropriate for all violations. Licensees shall be
informed that this policy applies to the License Holder and does not apply to the Criminal
Charges against the person who actually violates the law. The City Council may choose to deviate
from the prescribed penalty is there are extenuating circumstances. Should the City Council deviate
from the adopted policy, they must take official action and document the reasons for the deviation.
The City Council may only consider the penalty portion of the action. Should the licensee wish to
appeal the facts of a violation, they must request a due process hearing.
A. Notice: Upon a determination that a violation of a city ordinance or state law relating to alcoholic
beverages has occurred in a licensed premises, the licensee will be issued a notice, either personally
or by U.S. Mail, setting forth the nature, date, and time of the alleged violation, the administrative
penalties if applicable, the process for appealing the determination and the penalty for failing to
comply with the penalty. Mailed notice will be considered complete upon deposit in the U.S. Mail
addressed to the licensee at the most current address contained in City records.
B. Compliance: Within 14 calendar days of the date of the notice, a licensee may comply with the
penalties set out in the notice by paying the administrative fine and notifying the'Licensing Clerk of
the dates the licensee chooses to submit to any imposed suspension. Suspension days must be
consecutive business days the last of which must not be more than 60 days after the date of the
Notice.
C. Hearing: Any licensee who receives notice of a violation may, within 1.4 calendar days of the date
of issuance of the Notice, request in writing a hearing before the City Council. A request for a
hearing must be submitted to the Licensing Clerk who will cause the request to be placed on the
agenda of the next regular City Council meeting that will be held not less than 15 calendar days
after receipt of the request. Written notice stating the date, time, and place of the hearing will be
provided to the licensee no less than 10 calendar days before the hearing. Such notice will be
considered complete upon deposit in the U.S. Mail addressed to the licensee at the most current
address shown in City records. The City Council may sustain, dismiss or amend the violation, and
may sustain, waive, reduce, or increase any penalty provided for in this Chapter, except that no
penalty may exceed the maximum permitted under state law. The City Council,if it sustains or
amends the violation, will establish a new compliance date for the penalties imposed.
D. Revocation: Notwithstanding any provisions in this Chapter to the contrary, a violation for which
the established penalty is revocation must be forwarded to the City Council for disposition. The
notice of violation will include the nature, date, and time of the violation and the date, time, and
place of the Council's consideration, which will be not less than 10, nor more than 20 calendar days
after the date of service of the notice. Notice will be considered complete upon personal service on
the licensee or upon deposit in the U.S. Mail addressed to the licensee at the most current address
shown in City records. The Council may sustain, dismiss, or amend the violation. If Council
64
sustains or amends the violation it may revoke the license or impose such other penalty it deems as
appropriate provided the penalty does not exceed the maximum permitted under state law.
E. Multiple Violations: Each incident with respect to date, time, place, and persons involved, will be
deemed a single violation for the purposes of imposing administrative penalties notwithstanding
that an incident may involve more than one offense. The City Council may take multiple offenses
into consideration when determining whether to deviate from the established penalties for any
violation.
F. Violations When Another is Pending: Any violation that occurs at a licensed premise while a
prior violation is pending for those same premises will be treated as a separate violation and
considered a subsequent violation for purposes of imposing an administrative penalty.
G. Submission to Council in Lieu of Administrative Procedures: With the concurrence of the City
Manager, or their designees, the Licensing Clerk, in lieu of accepting the administrative penalties
provided for in Section §5.510, may submit any violation to the City Council for review and
determination. The decision must take into consideration the number and seriousness of the
offenses allegedly committed in a single incident. The decision to submit a violation to the Council
must be included in the initial violation notice along with the date, time, and place the Council will
consider the matter.
XXXX: PENALTIES
A. Penalty for Noncompliance: In addition to any criminal penalties which may be imposed by a
court of law, the City Council may suspend a license for up to 60 days, may revoke a.license and/or
may impose a civil fine on a licensee not to exceed $2,000.00 for each violation on a finding that
the license holder or its employee has failed to comply with a statute, rule or ordinance relating to
alcoholic beverages, malt beverages, or wine.
B. Minimum Penalty: The purpose of this section is to establish a standard by which the City Council
determines the civil fine, the length of license suspensions and the propriety of revocations, and
shall apply to all premises licensed under this chapter. These penalties are presumed to be
appropriate for every case; however, the council may deviate in an individual case where the
council finds that there exist certain extenuating or aggravating circumstances, making it more
appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state
or city to prevent the sale of alcohol to minors or, in the converse, when a licensee has a history of
repeated violations of state or local liquor laws. When deviating from these standards, the council
will provide written findings that support the penalty selected. When a violation occurs, the staff
shall provide information to the City Council to either assess the presumptive penalty or depart
upward or downward based on extenuating or aggravating circumstances. The staff shall notify the
licensee of the information being considered and acted upon by the City Council.
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C. Penalties:
(1) Except as otherwise provided in this Chapter, the sale of alcoholic beverages to a person under
the age of 21, the sale of alcoholic beverages to an obviously intoxicated person, or the failure of
an on-sale licensee to take reasonable steps to prevent a person from leaving the licensed
premises with an alcoholic beverage will subject the licensee to the following administrative
penalties: ("Best Practices"applies only to license holders who are enrolled in the program at the
time of the violations)
FOR BEST PRACTICES LICENSE HOLDERS:
Type of License 15t Violation 2"d Violation 3rd Violation 4th Violation
On Sale Intox. $250 $500 and 3 day $1,000 and 5 day Revocation
Liquor suspension suspension
On/Off Sale Beer $250 $500 and 3 day $1,000 and 5 day Revocation
suspension suspension
Wine/beer $250 $500 and 3 day $1,000 and 5 day Revocation
suspension suspension
Club Liquor $250 $500 and 3 day $1,000 and 5 days Revocation
suspension suspension
FOR OTHER LICENSE HOLDERS:
Type of License I"Violation 2"d Violation 3rd Violation 4th Violation
On Sale Intox. $500 $750 and 5 day $1,000 and 10 Revocation
Liquor suspension day suspension
On/Off Sale Beer $500 $750 and 5 day $1,000 and 10 Revocation
suspension day suspension
Wine/beer $500 $750 and 5 day $1,000 and 10 Revocation
sus ension day suspension
Club Liquor $500 $750 and 5 day $1,000 and 10 Revocation
suspension days suspension
(2) Except as otherwise provided in this Chapter, the following violations will subject the licensee to
the following administrative penalties:
Type of 1"Violation 2nd Violation 3rd Violation 41 Violation
Violation
Refusal to $1,000 and 7 $2,000 and 14 Revocation N/A
allow City days days
inspectors or suspension suspension
police
admission to
remises
After hours $1,000 and 7 $2,000 and 14 Revocation N/A
sale, display or days days
consumption of suspension suspension
alcoholic
beverages
Illegal $1,000 and 7 $2,000 and 14 Revocation N/A
gambling on days days
remises suspension suspension
Commission of Revocation N/A N/A N/A
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a felony related
to licensed
activity
Sale of Revocation N/A N/A N/A
alcoholic
beverages
while license is
under
suspension
Sale of Revocation N/A N/A N/A
intoxicating
liquor with only
3.2 percent
malt liquor
license
(3) Any prior violation that occurred more than 24 calendar months immediately preceding the most
current violation will not be considered in determining successive violations.
(4) The nature of the most current violation will determine the appropriate penalty as established by
paragraphs (1) or(2) above, provided, however, that any and all violations occurring within 24
months immediately preceding the most current violation will be considered in determining
successive violations.
(5) Any licensee who fails to pay an administrative fine or adhere to a suspension, whether imposed
by this Section or the City Council, within the allotted time period will be subject to an additional
suspension of the license for a period of time as determined by the City Council, but not to
exceed 60 consecutive days. Any licensee who fails to comply with a City Council imposed
license suspension resulting from a.prior non-compliance with the administrative penalties
imposed by this Chapter is subject to license revocation.
(6) Nothing in this Section will prohibit the City from seeking criminal prosecution of any alleged
violation of this Chapter in addition to any administrative penalties provided for herein.
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading: November 13, 2012
Second Reading: November 26, 2012
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Tori Leonhardt
City Clerk/Council Secretary
67
CITY COUNCIL LETTER
Meeting of November 26, 2012
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Abatement
DATE: January 13, 2012 DATE:
NO: 12-143 to 12-148
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested regarding properties at
2012-143 —4057 Hayes Street
2012-144— 3947 Polk Street
2012-145— 723 38th Avenue
2012-146— 1331-33 Circle Terrace Blvd.
2012-147— 1820 49th Avenue
2012-148— 1605 49th Avenue
for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution Numbers 2012-143, 144, 145, 146, 147, and 148 there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2012-143, 144,
145,146, 147, and 148 being resolutions of the City Council of the City of Columbia
Heights declaring the properties listed a nuisance and approving the abatement of
violations from the properties pursuant to City Code section 8.206.
COUNCIL ACTION:
68
RESOLUTION 2012-143
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8,Article 11,of City Code,of
the property owned by Deborah L. Biewerth (Hereinafter "Owner of Record").
Whereas,the owner of record is the legal owner of the real property located at4057 Hayes Street NE,
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on October 11, 2012.
Now,therefore,in accordance with the foregoing,and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on September 5, 2012 an inspection was conducted on the property listed above.
Inspectors found violations. A compliance order was sent via regular mail to the owner at
the address.
2. That on October 11,2012 inspectors reinspected the property listed above. Inspectors noted
that violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on November 13, 2012 inspectors reinspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department,the following conditions and violations
of City Codes(s)were found to exist, to wit:
A. Shall install address numbers in the following location(s) FRONT
B. Shall replace the garage service door
C. Shall replace the soffit and fascia on the north side of the house that is falling off
D. Shall repair/replace the siding on the east side
E. Shall replace the cracked windows on the south side
5. That all parties,including the owner of record and any occupants or tenants,have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4057 Hayes Street is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
69
3. That all applicable rights and periods of appeal as relating to the owner of record,occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4057 Hayes Street constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2012
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
70
RESOLUTION 2012-144
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8,Article II,of City Code,of
the property owned by The Bank of New York Mellon (Hereinafter "Owner of Record").
Whereas,the owner of record is the legal owner of the real property located at 3 947 Polk Street NE,
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on October 11, 2012.
Now,therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on September 5, 2012 an inspection was conducted on the property listed above.
Inspectors found violations. A compliance order was sent via regular mail to the owner at
the address.
2. That on October 11,2012 inspectors reinspected the property listed above. Inspectors noted
that violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on November 13, 2012 inspectors reinspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department,the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall replace/repair all rotted siding near front entrance and paint to match
5. That all parties,including the owner of record and any occupants or tenants,have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 3947 Polk Street is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record,occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
71
ORDER OF COUNCIL
1. The property located at 3947 Polk Street constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2012
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
72
RESOLUTION 2012-145
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8,Article Il,of City Code,of
the property owned by Joel Callendar (Hereinafter "Owner of Record").
Whereas,the owner of record is the legal owner of the real property located at 723 3 8th Avenue NE,
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on October 18, 2012.
Now,therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on September 12, 2012 an inspection was conducted on the property listed above.
Inspectors found violations. A compliance order was sent via regular mail to the owner at
the address.
2. That on October 18,2012 inspectors reinspected the property listed above. Inspectors noted
that violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on November 14, 2012 inspectors reinspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department,the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall replace the broken window on the house
5. That all parties,including the owner of record and any occupants or tenants,have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 723 38th Avenue is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record,occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
73
ORDER OF COUNCIL
1. The property located at 723 38th Avenue constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2012
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
74
RESOLUTION 2012-146
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8,Article II,of City Code,of
the property owned by Azah M. Hegazi (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1331-33 Circle
Terrace Blvd., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on October 18, 2012.
Now,therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on September 6, 2012 an inspection was conducted on the property listed above.
Inspectors found violations. A compliance order was sent via regular mail to the owner at
the address.
2. That on October 18,2012 inspectors reinspected the property listed above. Inspectors noted
that violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on November 14, 2012 inspectors reinspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department,the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Repair all damaged screens
B. Repair front storm door
5. That all parties,including the owner of record and any occupants or tenants,have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 133 1-3 3 Circle Terrace Blvd. is in violation of the provisions of
the Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record,occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
75
ORDER OF COUNCIL
1. The property located at 1331-33 Circle Terrace Blvd.constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2012
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
76
RESOLUTION 2012-147
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8,Article Il,of City Code,of
the property owned by Craig Pearson (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1820 491'Avenue
NE., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on November 1, 2012.
Now,therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on September 24, 2012 an inspection was conducted on the property listed above.
Inspectors found violations. A compliance order was sent via regular mail to the owner at
the address.
2. That on November 1, 2012 inspectors reinspected the property listed above. Inspectors
noted that violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on November 14, 2012 inspectors reinspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department,the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Replace missing siding on NE peak
5. That all parties,including the owner of record and any occupants or tenants,have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 1820 49th Avenue is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record,occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
77
ORDER OF COUNCIL
1. The property located at 1820 49t'Avenue constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2012
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
78
RESOLUTION 2012-148
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8,Article II,of City Code,of
the property owned Sharon Weglinski (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1605 49th Avenue
NE., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on October 22, 2012.
Now,therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on October 1, 2012 an inspection was conducted on the property listed above.
Inspectors found violations. A compliance order was sent via regular mail to the owner at
the address.
2. That on October 22,2012 inspectors reinspected the property listed above. Inspectors noted
that violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on November 14, 2012 inspectors reinspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department,the following conditions and violations
of City Codes(s)were found to exist, to wit:
A. Shall trim/remove vegetation that is obstructing the view at the corner of 49th and
Johnson per Columbia Heights Public Works
5. That all parties,including the owner of record and any occupants or tenants,have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 1605 49b Avenue is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record,occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
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ORDER OF COUNCIL
1. The property located at 1605 49a'Avenue constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2012
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
80
CITY COUNCIL LETTER
Meeting of November 26, 2012
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Revocation /
DATE: May 21, 2012 DATE:
NO: 12-149
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against rental properties at
2012-149—3851 Quincy Street
For failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution Number 2012-149 being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Number 2012-149 being a
Resolution of the City Council of the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license
listed.
COUNCIL ACTION:
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RESOLUTION 2012-149
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential
rental license held by Viking Homes, LLC (Hereinafter "License Holder").
Whereas,license holder is the legal owner of the real property located at 3851 Quincy Street
N.E., Columbia Heights, Minnesota,
Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B),written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on November 7, 2012 of an public hearing to be held on
November 26, 2012.
Now,therefore, in accordance with the foregoing, and all ordinances and regulations of the
City of Columbia Heights, the City Council of the City of Columbia Heights makes the
following:
FINDINGS OF FACT
1. That on or about October 23,2012 inspection office staff sent a letter requesting the
owner of the property to submit a rental license application and schedule a rental
inspection for this property. The letter was mailed by regular mail to the owner at
the address listed in the property records.
2. That on November 7, 2012 inspection office staff reviewed the property file and
noted that the property remained unlicensed. A Statement of Cause was mailed by
regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to schedule a rental property inspection.
b. Failure to submit a rental license application and fees.
4. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of the
City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number U3851 is hereby revoked;
2. The City will post for the purpose of preventing occupancy a copy of this order on
the buildings covered by the license held by License Holder;
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3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2012
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt, City Clerk/Council Secretary
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