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HomeMy WebLinkAbout08-02-2021 City Council Work Session Packet CITY COUNCIL WORK SESSION Mayor Amáda Márquez Simula Councilmembers John Murzyn, Jr. Connie Buesgens Nick Novitsky Kt Jacobs City Manager Kelli Bourgeois Public Safety Bldg—Training Room, 825 41st Ave NE Monday, August 02, 2021 7:00 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and entering meeting ID 891 4134 4862 or by Zoom at https://us02web.zoom.us/j/89141344862. For questions please call the Administration Department at 763-706-3610. CALL TO ORDER/ROLL CALL WORK SESSION ITEMS 1. Parks/Fireworks/Nuisance Discussion 2. Replacement of Cabinetry in Police Department 3. Designate Four Hour Parking Huset Park Parking Lots 4. Amending City Code Relating to On-Sale Intoxicating Liquor Licensing 5. Proposed Changes to the City's Tobacco Ordinance 6. Update on Information Systems Strategic Planning ADJOURNMENT Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. 1 CITY COUNCIL WORK SESSION AGENDA SECTION WORK SESSION ITEMS MEETING DATE AUGUST 2, 2021 ITEM: Parks/Fireworks/Nuisance Discussion DEPARTMENT: Administration BY/DATE: Kelli Bourgeois; July 30, 2021 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) X Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability X Strong Infrastructure/Public Services X Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: At the last work session the Council had a brief discussion regarding fireworks and disrespectful activities in our parks. At that time, staff mentioned we were in the process of putting together information on parks use and rentals and issues related to those. Staff from Police, Public Works, and Recreation have been putting together information and discussing options to address the issues and are ready to present the information and options to address some of the issues with the Council. Following you w ill find memos from Police, Public Works, and Recreation addressing various pieces of the discussion we hope to have on Monday. I believe this discussion will be one of a few but it is a good starting point and staff have done a great job pulling data and formulating initial recommendations for the Council’s review and discussion. Staff from each Department will be present at Monday’s meeting for the discussion. ATTACHMENT(S): 1. Park Lighting 2021 2. Park Usage 3. 2021 Park Policy Memo 4. 2021 Park NonRes Fee 07-09-21 5. 2021-XX Increase Park Fee 2 Item 1. Park Lighting Capt. Matt Markham C o l u m b i a H e i g h t s P o l i c e D e p a r t m e n t w w w . c h p o l i c e . c o m 3 Item 1. DISCLAIMER Cell phone pictures appear brighter than what was viewed in person. Photos taken on July 22, 2021 4 Item 1. RAMSDELL PARK (9:35PM) 5 Item 1. 6 Item 1. 7 Item 1. SILVER LAKE BEACH (9:41PM) 8 Item 1. 9 Item 1. 10 Item 1. SULLIVAN PARK (9:50PM) 11 Item 1. 12 Item 1. 13 Item 1. 14 Item 1. HUSET PARK EAST (10:00PM) 15 Item 1. 16 Item 1. BASKETBALL AREA HUSET EAST 17 Item 1. HUSET PARK WEST (10:04PM) 18 Item 1. 19 Item 1. 20 Item 1. 21 Item 1. LABELLE PARK (10:44PM) 22 Item 1. RECOMMENDATIONS •No changes to LaBelle Park •Swap out dated park lights with LED lights •Install solar powered LED lights in the pavilions 23 Item 1. DAY OF THE WEEK FREQUENCY 0 2 4 6 8 10 12 14 16 18 Monday Tuesday Wednesday Thursday Friday Saturday Sunday LaBelle - 1150 42nd Ave NE Bruce Nawrocki - 1271 CIRCLE TERRACE BLVD NE Keyes - 1345 45 1/2 AVE NE Ostrander - 1500 40TH AVE NE Prestemon - 3900 MCKINLEY ST NE Huset - 3965 JEFFERSON ST NE Silver Lake - 4305 STINSON BLVD Gauvitte - 4333 2ND ST NE Hilltop - 4657 HEIGHTS DR NE McKenna - 4757 7TH ST NE Ramsdell - 4956 JOHNSON ST NE Sullivan Lake - 721 51ST AVE NE Lomianki - 80 39TH AVE NE 24 Item 1. TIME OF DAY FREQUENCY 0 2 4 6 8 10 12 LaBelle - 1150 42nd Ave NE Bruce Nawrocki - 1271 CIRCLE TERRACE BLVD NE Keyes - 1345 45 1/2 AVE NE Ostrander - 1500 40TH AVE NE Prestemon - 3900 MCKINLEY ST NE Huset - 3965 JEFFERSON ST NE Silver Lake - 4305 STINSON BLVD Gauvitte - 4333 2ND ST NE Hilltop - 4657 HEIGHTS DR NE McKenna - 4757 7TH ST NE Ramsdell - 4956 JOHNSON ST NE Sullivan Lake - 721 51ST AVE NE Lomianki - 80 39TH AVE NE 25 Item 1. 5% 10% 5% 5% 5% 5% 10% 15% 5% 5% 5% 20% 5% LaBelle - 1150 42nd Ave NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 26 Item 1. 40% 40% 20% Bruce Nawrocki - 1271 CIRCLE TERRACE BLVD NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 27 Item 1. 7% 7% 21% 14% 7% 14% 7% 21% Keyes - 1345 45 1/2 AVE NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 28 Item 1. 33% 33% 33% Ostrander - 1500 40TH AVE NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 29 Item 1. 4% 22% 13% 0% 13% 0% 4% 4% 13% 4% 13% 9% Prestemon - 3900 MCKINLEY ST NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 30 Item 1. 3% 3% 3% 3% 3% 1% 9% 5% 8% 4% 7% 4% 4% 12% 5% 12% 7% 7% Huset - 3965 JEFFERSON ST NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 31 Item 1. 2% 15% 4% 2% 7% 7% 7% 4% 9% 17% 7% 2% 2% 9% 7% Silver Lake - 4305 STINSON BLVD 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 32 Item 1. 33% 22% 22% 11% 11% Gauvitte - 4333 2ND ST NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 33 Item 1. 33% 33% 33% Hilltop - 4657 HEIGHTS DR NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 34 Item 1. 3% 3% 26% 3% 6% 3% 10% 26% 6% 6% 3% 3% McKenna - 4757 7TH ST NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 35 Item 1. 11% 44% 22% 22% Ramsdell - 4956 JOHNSON ST NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 36 Item 1. 2% 2% 3% 2% 8% 8% 2% 2% 3% 8% 5% 7% 5% 7% 2% 2% 10% 5% 2% 17% Sullivan Lake - 721 51ST AVE NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 37 Item 1. 50% 50% Lomianki - 80 39TH AVE NE 0:00:00-1:00:00 1:00:00-2:00:00 2:00:00-3:00:00 3:00:00-4:00:00 4:00:00-5:00:00 5:00:00-6:00:00 6:00:00-7:00:00 7:00:00-8:00:00 8:00:00-9:00:00 9:00:00-10:00:00 10:00:00-11:00:00 11:00:00-12:00:00 12:00:00-13:00:00 13:00:00-14:00:00 14:00:00-15:00:00 15:00:00-16:00:00 16:00:00-17:00:00 17:00:00-18:00:00 18:00:00-19:00:00 19:00:00-20:00:00 20:00:00-21:00:00 21:00:00-22:00:00 22:00:00-23:00:00 23:00:00-0:00:00 38 Item 1. 6% 9% 11% 25% 11% 5% 1% 10% 3% 17% 2% Cases 2019 LaBelle - 1150 42nd Ave NE Bruce Nawrocki - 1271 CIRCLE TERRACE BLVD NE Keyes - 1345 45 1/2 AVE NE Ostrander - 1500 40TH AVE NE Prestemon - 3900 MCKINLEY ST NE Huset - 3965 JEFFERSON ST NE Silver Lake - 4305 STINSON BLVD NE Gauvitte - 4333 2ND ST NE Hilltop - 4657 HEIGHTS DR NE McKenna - 4757 7TH ST NE Ramsdell - 4956 JOHNSON ST NE Sullivan Lake - 721 51ST AVE NE Lomianki - 80 39TH AVE NE 39 Item 1. 9% 4% 3% 4% 5% 25% 15% 1% 2% 6% 2% 23% 1% Cases 2020 LaBelle - 1150 42nd Ave NE Bruce Nawrocki - 1271 CIRCLE TERRACE BLVD NE Keyes - 1345 45 1/2 AVE NE Ostrander - 1500 40TH AVE NE Prestemon - 3900 MCKINLEY ST NE Huset - 3965 JEFFERSON ST NE Silver Lake - 4305 STINSON BLVD NE Gauvitte - 4333 2ND ST NE Hilltop - 4657 HEIGHTS DR NE McKenna - 4757 7TH ST NE Ramsdell - 4956 JOHNSON ST NE Sullivan Lake - 721 51ST AVE NE Lomianki - 80 39TH AVE NE 40 Item 1. 5% 3% 40% 9% 2% 9% 2% 30% Cases 2021 YTD LaBelle - 1150 42nd Ave NE Bruce Nawrocki - 1271 CIRCLE TERRACE BLVD NE Keyes - 1345 45 1/2 AVE NE Ostrander - 1500 40TH AVE NE Prestemon - 3900 MCKINLEY ST NE Huset - 3965 JEFFERSON ST NE Silver Lake - 4305 STINSON BLVD NE Gauvitte - 4333 2ND ST NE Hilltop - 4657 HEIGHTS DR NE McKenna - 4757 7TH ST NE Ramsdell - 4956 JOHNSON ST NE Sullivan Lake - 721 51ST AVE NE Lomianki - 80 39TH AVE NE 41 Item 1. 0 5 10 15 20 25 Cases 2021 YTD 2020 2019 42 Item 1. 6% 9% 12% 21% 16% 5% 1% 12% 3% 15% Offenses 2019 LaBelle - 1150 42nd Ave NE Bruce Nawrocki - 1271 CIRCLE TERRACE BLVD NE Keyes - 1345 45 1/2 AVE NE Ostrander - 1500 40TH AVE NE Prestemon - 3900 MCKINLEY ST NE Huset - 3965 JEFFERSON ST NE Silver Lake - 4305 STINSON BLVD NE Gauvitte - 4333 2ND ST NE Hilltop - 4657 HEIGHTS DR NE McKenna - 4757 7TH ST NE Ramsdell - 4956 JOHNSON ST NE Sullivan Lake - 721 51ST AVE NE Lomianki - 80 39TH AVE NE 43 Item 1. 6% 4% 2% 3% 4% 29% 15% 1% 2% 9% 3% 21% 1% Offenses 2020 LaBelle - 1150 42nd Ave NE Bruce Nawrocki - 1271 CIRCLE TERRACE BLVD NE Keyes - 1345 45 1/2 AVE NE Ostrander - 1500 40TH AVE NE Prestemon - 3900 MCKINLEY ST NE Huset - 3965 JEFFERSON ST NE Silver Lake - 4305 STINSON BLVD NE Gauvitte - 4333 2ND ST NE Hilltop - 4657 HEIGHTS DR NE McKenna - 4757 7TH ST NE Ramsdell - 4956 JOHNSON ST NE Sullivan Lake - 721 51ST AVE NE Lomianki - 80 39TH AVE NE 44 Item 1. 4% 4% 36% 8% 2% 12% 4% 30% Offenses 2021 YTD LaBelle - 1150 42nd Ave NE Bruce Nawrocki - 1271 CIRCLE TERRACE BLVD NE Keyes - 1345 45 1/2 AVE NE Ostrander - 1500 40TH AVE NE Prestemon - 3900 MCKINLEY ST NE Huset - 3965 JEFFERSON ST NE Silver Lake - 4305 STINSON BLVD NE Gauvitte - 4333 2ND ST NE Hilltop - 4657 HEIGHTS DR NE McKenna - 4757 7TH ST NE Ramsdell - 4956 JOHNSON ST NE Sullivan Lake - 721 51ST AVE NE Lomianki - 80 39TH AVE NE 45 Item 1. 0 5 10 15 20 25 30 35 Offenses 2021 YTD 2020 2019 46 Item 1. 0 0.5 1 1.5 2 2.5 3 3.5 LaBelle - 1150 42nd Ave NE 47 Item 1. 0 0.2 0.4 0.6 0.8 1 1.2 Keyes - 1345 45 1/2 AVE NE 48 Item 1. 0 0.5 1 1.5 2 2.5 609.595.3 Damage to Property-4th Deg-Intentional Damage-Other Circumstances DMGTOCITYPROP DAMAGE TO CITY PROPERTY SUSPACT SUSPICION - ALL OTHER ACTIVITY Bruce Nawrocki - 1271 CIRCLE TERRACE BLVD NE 49 Item 1. 0 0.2 0.4 0.6 0.8 1 1.2 DMGTOCITYPROP DAMAGE TO CITY PROPERTY EMERGHU 911 HANG UP EMERGOL 911 OPEN LINE Ostrander - 1500 40TH AVE NE 50 Item 1. 0 0.5 1 1.5 2 2.5 Prestemon - 3900 MCKINLEY ST NE 51 Item 1. 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 10 . 3 0 6 . C U R I N A T E I N P U B L I C 9 0 0 0 M I S C C O D E 9 9 9 9 15 2 . 0 9 2 ( a ) D r u g s - P o s s e s s i o n o f D r u g P a r a p h e r n a l i a - … 16 8 . 0 9 . 4 M o t o r V e h i c l e R e g i s t r a t i o n - O p e r a t e V e h i c l e … 16 8 B . 0 3 A b a n d o n M o t o r V e h i c l e o n P u b l i c / P r i v a t e … 17 1 . 2 0 . 2 ( a ) D r i v e r s L i c e n s e s - O p e r a t e M o t o r V e h i c l e … 5A . 2 0 2 . D L A N D S C A P E P A R K I N G 60 9 . 2 2 4 . 1 ( 1 ) A s s a u l t - 5 t h D e g r e e - F e a r o f B o d i l y H a r m … 60 9 . 2 4 S i m p l e R o b b e r y 60 9 . 2 4 S i m p l e R o b b e r y 0 3 R O B B E R Y 1 2 0 6 60 9 . 2 4 5 . 1 A g g r a v a t e d R o b b e r y - 1 s t D e g r e e 60 9 . 5 0 5 . 1 F a l s e l y R e p o r t i n g C r i m e 60 9 . 5 2 . 2 ( a ) ( 1 ) T h e f t - T a k e / U s e / T r a n s f e r M o v a b l e P r o p - … 60 9 . 5 2 . 2 ( a ) ( 1 ) T h e f t - T a k e / U s e / T r a n s f e r M o v a b l e P r o p - … 60 9 . 5 9 5 . 3 D a m a g e t o P r o p e r t y - 4 t h D e g - I n t e n t i o n a l … 60 9 . 6 8 U n l a w f u l D e p o s i t o f G a r b a g e , L i t t e r o r L i k e 60 9 . 7 0 5 U n l a w f u l A s s e m b l y 2 4 D I S T U R B A N C E 5 3 0 7 60 9 . 7 2 . 1 D i s o r d e r l y C o n d u c t 2 4 D I S T U R B A N C E 5 3 1 1 60 9 . 7 2 . 1 ( 1 ) D i s o r d e r l y C o n d u c t - B r a w l i n g o r F i g h t i n g 60 9 . 7 2 . 1 ( 1 ) D i s o r d e r l y C o n d u c t - B r a w l i n g o r F i g h t i n g 2 4 … 60 9 . 8 2 1 . 2 ( 1 ) F i n a n c i a l T r a n s a c t i o n C a r d F r a u d - U s e - N o … 7. 2 0 1 O V E R W E I G H T T R U C K S 7. 2 0 5 . A P A R K O V E R 6 H O U R S 7. 2 0 5 . A P A R K O V E R 6 H O U R S 9 0 0 0 M I S C C O D E 9 9 9 9 7. 2 0 5 . C . 1 A B A N D O N E D V E H I C L E 9 0 0 0 M I S C C O D E 9 9 9 9 7. 2 0 5 . G P A R K I N G - S T O C K C A R / R A C E C A R / J U N K … AN I M B I T E D O G A N I M A L - D O G B I T E S AN I M C O M P L O T H A N I M A L C O M P L A I N T - A L L O T H E R S AS S T M V A S S I S T - M O T O R I S T AS S T O T H N O L E A S S I S T O T H E R A G E N C Y - N O N L A W … AT L A T T E M P T T O L O C A T E CK W L F R C H E C K W E L F A R E CO P S C O M M U N I T Y O U T R E A C H P R O G R A M ( C O P S ) 9 0 0 0 … DE A T H D O A D E A T H ( D O A ) DI S P C I V I L D I S P U T E - C I V I L DM G T O C I T Y P R O P D A M A G E T O C I T Y P R O P E R T Y DM G T O C I T Y P R O P D A M A G E T O C I T Y P R O P E R T Y 9 0 0 0 … DO M P A R T D O M E S T I C - P A R T N E R FI R E W O R K S F I R E W O R K S FO U N D B I K F O U N D - B I C Y C L E FO U N D P R O P F O U N D - P R O P E R T Y FO U N D P R O P F O U N D - P R O P E R T Y 9 0 0 0 M I S C C O D E 9 9 9 9 IN F O I N F O R M A T I O N JU V A C T J U V E N I L E A C T I V I T Y LO S T P R O P L O S T - P R O P E R T Y LO S T P R O P L O S T - P R O P E R T Y 9 0 0 0 M I S C C O D E 9 9 9 9 ME D M E D I C A L MI S C P U B O T H M I S C P U B L I C - A L L O T H E R 9 0 0 0 M I S C … OD H E R O V E R D O S E - H E R O I N SO C S V C R E F S O C I A L S E R V I C E S R E F E R R A L SO C S V C R E F S O C I A L S E R V I C E S R E F E R R A L 9 0 0 0 M I S C … SU S P A C T S U S P I C I O N - A L L O T H E R A C T I V I T Y SU S P A C T S U S P I C I O N - A L L O T H E R A C T I V I T Y 9 0 0 0 M I S C … SU S P P E R S S U S P I C I O U S - P E R S O N SU S P V E H S U S P I C I O U S - V E H I C L E 9 0 0 0 M I S C C O D E 9 9 9 9 TR A N S P O R T T R A N S P O R T - P U B L I C 9 0 0 0 M I S C C O D E … UO F U S E O F F O R C E VE H A B A N D V E H I C L E - A B A N D O N E D 9 0 0 0 M I S C C O D E … Huset - 3965 JEFFERSON ST NE 52 Item 1. 0 1 2 3 4 5 6 7 Silver Lake - 4305 STINSON BLVD 53 Item 1. 0 0.5 1 1.5 2 2.5 Gauvitte - 4333 2ND ST NE 54 Item 1. 0 0.2 0.4 0.6 0.8 1 1.2 CKWLFR CHECK WELFARE COMPLNARC COMPLAINTS - NARCOTICS 9000 MISC CODE 9999 DISPNBR DISPUTE - NEIGHBORHOOD Hilltop - 4657 HEIGHTS DR NE 55 Item 1. 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 McKenna - 4757 7TH ST NE 56 Item 1. 0 0.2 0.4 0.6 0.8 1 1.2 Ramsdell - 4956 JOHNSON ST NE 57 Item 1. 0 2 4 6 8 10 12 14 Sullivan Lake - 721 51ST AVE NE 58 Item 1. 0 0.2 0.4 0.6 0.8 1 1.2 COPS COMMUNITY OUTREACH PROGRAM (COPS)FOUNDPROP FOUND - PROPERTY PARKWARN PARKING - WARNING Lomianki - 80 39TH AVE NE 59 Item 1. TOPIC: Park Usage BY/DATE: Kevin Hansen / July 29, 2021 BACKGROUND: Park redevelopment over the last decade has reconstructed or added park shelters in several of our parks. Most shelters are available for rental through the Recreation Department. Over the last few years usage has seen an increase in both paid rentals and unscheduled usage. One of the consequences of more people in the parks is an increase in trash and/or how the facility (and park area) is left after a group leaves. In 2021, staff has been tracking the time spent on weekends cleaning and preparing parks for approved park shelter rental usage. Through July 18th, staff has averaged $68/park for weekend cleanups of the parks. It should be noted that:  The rate is for full time park staff. When fully staffed with seasonal employees, this rate will be lower.  This includes scheduled rentals and unscheduled use of the park.  This does not include the Jamboree weekend or 4th of July weekend. The cleanup following the 4th of July was heavy and continued into our regular working day.  Staff is checking parks (cleaning) prior to a scheduled rental – we often have a cleanup for a park rental from prior unscheduled use.  The highest use has been Huset Park West/splash pad, followed by Sullivan, Silver Lake Beach and then Ramsdell.  Based on our weekend cleanup activity, the parks are getting more use – we are also seeing more trash/abuse in how they are left.  Friday’s are now seeing reservations. Staff will continue to monitor the weekend cleanup activities and amount of time spent by staff and provide a report to the Park and Recreation Commission this fall. RECOMMENDED MOTION(S): MOTION: None – discussion only. 60 Item 1. TOPIC: Park Policy Changes and John P Murzyn Hall Senior Center Rental Policy Changes BY/DATE: Keith Windschitl / July 7, 2021 BACKGROUND: At the Park & Recreation Commission Meeting on Wednesday, June 23, 2021 park policy changes and John P Murzyn Hall Senior Center policy changes were recommended to the City Council. The Park & Recreation Commission wants to be proactive and update the policy to prevent any potential problems during rentals. The Senior Center rentals have had recent problems with larger groups. This has impacted full rentals in the main hall as guests from downstairs go into the event upstairs. Due to these concerns the following recommendations were made. Park reservations end at 8:00 pm. All park reservations will be placed in a maximum of 4-hour increments. Change the Fee Scale for the park reservation fee for non-residents will increase to $100 including tax. Change all John P Murzyn Hall Senior Center rentals to e nd at 7:00 pm. Limit Senior Center rentals to a maximum of 50 people. Dinners are not allowed to be served in the Senior Center, only snacks are allowed. RECOMMENDED MOTION(S): MOTION: Move to change the policies as listed, and to increase the Non-Resident Park Reservation fee to $100 including tax. MOTION: 61 Item 1. TOPIC: Park Rental Fee BY/DATE: Keith Windschitl / July 7, 2021 BACKGROUND: At the Park & Recreation Commission Meeting on Wednesday, June 23, 2021 an increase in the park rental fee for non-residents was recommended to the City Council. The Park & Recreation Commission wants to be proactive and update the policy to prevent any potential problems during rentals. The current fee scale for park reservations: Resident $50, Non-Resident $75, Large Groups over 100 people $125. The Park & Recreation Commission recommends changing the park rental fee for non-residents to $100 including tax, effective immediately on all new park reservations. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2021-XX, there being ample copies available to the public. MOTION: Move to adopt Resolution 2021-XX, a Resolution amending Resolution 2020-112, approving the City of Columbia Heights Fee Schedule to Increase the Non-Resident Park Rental Fee. 62 Item 1. RESOLUTION 2021-XX A RESOLUTION AMENDING RESOLUTION 2020-112 APPROVING THE CITY OF COLUMBIA HEIGHTS FEE SCHEDULE TO INCREASE THE NON-RESIDENT PARK RENTAL FEE WHEREAS, the Columbia Heights City Council adopted Resolution 2020 -112, approving the City of Columbia Heights Fee Schedule for 2021, as well as Resolutions 2021-04, 2021-21, and 2021-51 to subsequently amend certain sections of Resolution 2020-112; and WHEREAS, that 2021 Fee Schedule includes a $75 Non -Resident Park Rental Fee; and WHEREAS, Columbia Heights City Staff completed a survey of the park rental fees from surrounding and comparable local governments; and WHEREAS, the Columbia Heights Park & Recreation Commission discussed the park rental fee survey at their June 23, 2021 regular meeting; and WHEREAS, the Park & Recreation Commission determined that the non-resident park fee for Columbia Heights was low compared to many other jurisdictions and recommends increasing it from $75 to $100; and WHEREAS, the Columbia Heights City Council agrees with this determination and recommendation. NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights Fee Schedule adopted by Resolution 2020-112 and subsequently amended by Resolutions 2021-04, 2021-21, and 2021-51 is amended to increase the Non-Resident Park Rental Fee from $75 to $100 effective immediately on all new park reservations. ORDER OF COUNCIL Passed this ___ day of ____, 2021 Offered by: Seconded by: Roll Call: _________________________________ Amáda Márquez Simula, Mayor Attest: Nicole Tingley, City Clerk/Council Secretary 63 Item 1. CITY COUNCIL WORK SESSION AGENDA SECTION WORK SESSION ITEMS MEETING DATE AUGUST 2, 2021 ITEM: Replacement of Cabinetry in Police Department DEPARTMENT: Police BY/DATE: Lenny Austin; July 30, 2021 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: In 2009 the police and fire departments moved into the current public safety building. Most of the cabinetry in the building is constructed of medium-density fiberboard. This type of material has not held up to the 24/7 use over the past 12 years. The cabinets in two locations inside the police department are in disrepair. The first location is the bank of cabinets located in the basement outside of the garage. These cabinets hold officer patrol bags that get used multiple times a day. The second set of cabinets is in the armory. Cosney Corporation has supplied our Facilities Maintenance Supervisor Eric Hanson with a quote to replace the cabinets in the armory with painted steel casework for $3,875.00. The same company would fabricate all new powder-coated steel cubbies for the officer duty bags totaling $21,642.00. The total cost for the project is $25,517.00. The Police Department is currently under budget, and is requesting consideration of this unbudgeted expenditure. 64 Item 2. PROPOSAL www.cosney.com 491 N. Willow Dr. Long Lake, MN 55356 952.249.0616 To: Eric Hanson July 14, 2021 Co: Columbia Heights Police Station Re: New Casework REV: 1 Loc: Columbia Heights, MN Page 1 of 1 We are pleased to offer you a quote inclusive of the following: Painted steel casework (gun range): (2) 36h x 36w x 24d door/drawer cabinet (1) 36h x 18w x 24 d wide door/drawer cabinet (1) 60 wide apron unit for sink. (1) filler Phenolic Resin casework (duffel storage): (6) 6510010 - 80h x 48w x 24d. Each unit to have six equally spaced fixed cubbies – no doors. (4) tall cab fillers Inclusions: Shop Drawings Project Management Demo of existing casework Delivery Union Installation Exclusions: Dumpster/Disposal of existing casework Notes: Current lead times would put delivery in late fall. Gun Range Steel Casework: $3,875.00 Phenolic Resin Tall Casework: $21,642.00 Total (Delivered and Installed): $25,517.00 Prepared by: Accepted by: Date: COSNEY CORPORATION Company: Name: Danny McMullen Name: Signature: Signature: 65 Item 2. CITY COUNCIL MEETING AGENDA SECTION WORK SESSION MEETING DATE AUGUST 2, 2021 ITEM: DESIGNATE FOUR HOUR PARKING HUSET PARK PARKING LOTS DEPARTMENT: Public Works BY/DATE: : Kevin Hansen/Lenny Austin July 19, 2021 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) X_Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services X_ Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: Staff from the Police, Fire and Community Development Departments have been working together to review commercial and industrial properties around the city where various property maintenance and zoning code violations are present. A variety of issues are present, with the primary violations relating to the storage of junk and inoperable vehicles throughout the city. This violation is a pattern on certain properties due to their primary business operation being auto repair, or in some circumstances the prope rty is being used for junk vehicle storage alone, which is not permitted by City Code. Four primary areas were identified and notices were sent out last summer in “area 1,” which is identified on the attached map. Compliance with the code violation notices has varied property by property, including litigation. An ongoing issue following the code violation enforcement has been the use of the Huset Park parking lots by the business(s). Employees have been parking in the Huset East lot, along with occasional vehicle transfers (tow trucks) observed in the lot. STAFF RECOMMENDATION: To preserve the park space for park use and to limit business use of park space, staff is recommending designating both Huset East and Huset West lots, and the Quincy lot as “Four Hour Parking.” This limit would be designated from 8:00 am to 4:00 pm so as to not limit scheduled park events within the park. RECOMMENDED MOTION(S): MOTION: Move to designate FOUR HOUR PARKING, 8:00 AM TO 4:00 PM, Monday through Friday, in Huset Park for the Huset Park East, Huset Park West, and Quincy parking lots. ATTACHMENT(S): Inspection Zone Map Huset Park Aerial Map 66 Item 3. 67 Item 3. Huset Park 68 Item 3. CITY COUNCIL WORK SESSION AGENDA SECTION WORK SESSION ITEMS MEETING DATE AUGUST 2, 2021 ITEM: Amending City Code relating to On-Sale Intoxicating Liquor Licensing DEPARTMENT: Community Development BY/DATE: Minerva Hark, City Planner / 7/29/2021 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel X Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: Two Columbia Heights businesses have made requests for amending the City’s On-Sale Intoxicating Liquor Licensing Code to allow for consideration of an on-sale license for their establishment. Soiree, located at 4028- 4030 Central Avenue NE, is a local restaurant/banquet facility that wishes to pursue an intoxicating liquor license; however, the establishment cannot meet the City’s current minimum requirement for restaurant seating and floor area to qualify for the license. Jimmy’s Pro Billiards, located at 4040 Central Avenue NE, meets the floor area for restaurant and provides 150 seats; however, the establishment does not have customer dining in a defined 2,000 square foot dining area. Their seating arrangement is dispersed through out the larger building among the available billiards tables, which has prevented them from receiving an intoxicating liquor license. Both of the aforementioned establishments have full kitchens, serve food prepared on-site, and are licensed by the State per MN Statute 157.16. ANALYSIS: City Code Chapter 5 Commercial Licensing, Article V Liquor and Beer, Section 5.505 Intoxicating Liquor outlines the performance standards for establishments pursuing an on -sale intoxicating liquor license. The current local regulations limit the types of businesses that may be eligible for on -sale liquor license within the City of Columbia Heights to hotels, restaurants, bowling centers, and clubs. This is consistent with Minnesota State Statute; however, the City of Columbia Heights goes further with the following requirements for restaurants:  Minimum seating availability for 150 guests at one time  A dining area with a minimum floor area of 3,000 square feet  At least 60% of annual gross receipts derives from food sales It is evident that the spatial and capacity requirements place smaller rest aurants, who do not currently qualify for an on-sale liquor license, at a competitive disadvantage on a regional level. Many peer cities do not have minimum floor area or minimum seating requirements for restaurants to qualify for an on -sale liquor license, including West St. Paul, Hopkins, Blaine, and Spring Lake Park. Moreover, reported food sales quotas are not required by all cities, including Anoka, Coon Rapids, Blaine, Richfield, St. Louis Park, and West St. Paul. Some cities have a minimum percentage of food sales ranging from 40% to 55% of gross sales. 69 Item 4. City of Columbia Heights - Council Letter Page 2 CONCLUSION: The City wishes to promote businesses of all sizes and expand the variety of dining options within the community. This can be accomplished in a manner which amends the City Code to tie liquor to food sales, but does not relate it to the size of the restaurant. Liquor sales provide an economic advantage to l ocal restaurants. Amending the current code would allow smaller restaurant venues to offer liquor as part of their dining experience, allowing them to compete with larger restaur ants and restaurants in the larger Metropolitan area. OPTIONS: Based on Staff review of the Code and the inventory of other cities, we offer the following options to the City: 1. No Change. 2. Amend the Code to allow restaurants having full liquor with a reduced required dining floor area of 2,000 square feet and minimum capacity of 50 guests. Allow dining to be dispersed within the building rather than in a confined area of the building. 3. Amend the Code to eliminate the dining floor area and minimum number of guests for restaurants and continue to require restaurants having a full license to have 60% food sales and 40% liquor sales. Sales reporting must be documented and presented to the City with each renewal of the liquor license. 4. Amend the Code to eliminate the dining floor area and minimum number of guests for restaurants and amend the requirement for restaurant with on-sale liquor licenses to meet minimum gross sales of 55% food, not to exceed 45% liquor sales. Sales reporting must be documented and presented to the City with each renewal of the liquor license. RECOMMENDATION: Staff recommends the elimination of dining floor area minimum and minimum number of guests for restaurants, while maintaining a connection between on -sale liquor and food sales. ATTACHMENTS: 1. Draft Ordinance Changes 2. Request Letters 3. Consultant’s Report 4. City Comparisons 70 Item 4. ARTICLE V: LIQUOR AND BEER Section 5.501 Definitions 5.502 3.2% malt liquors (beer) 5.503 Malt liquors 5.504 On-sale club liquor 5.505 Intoxicating liquor 5.506 On-sale wine licenses 5.507 Limited intoxicating liquor license 5.508 5.507 Sunday on-sale liquor licenses 5.509 5.508 Sunday club licenses 5.510 5.509 On-sale temporary liquor licenses 5.511 5.510 Policy for alcohol license violations 5.512 5.511 Penalty § 5.501 DEFINITIONS. For the purpose of this article, the following definitions 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% MALT LIQUOR means any malt beverage with an alcoholic content of more than 0.5% by volume and not more than 3.2% by weight. BOWLING CENTER. An indoor recreational facility where long narrow tracks are used by the general public in bowling games for a fee. BONA FIDE CLUB or CLUB. (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. (2) The serving of beer/liquor must be incidental to and not the major purpose of the club. (3) The serving of beer/liquor shall be only to club members and their bona fide guests. BREW PUB. A restaurant that conducts the retail of on-sale malt liquor consumed and brewed on the premise and who manufactures less than 3,500 barrels of malt liquor a year. 71 Item 4. BREWER TAPROOM. A facility on the premises of, or adjacent to, a malt liquor manufacturer intended for on-sale and consumption of malt liquor produced by the brewer. 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 30 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. 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 72 Item 4. 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; Am. Ord. 1610, passed 11-26-12; Am. Ord. 1620, passed 3-23- 15; Am. Ord. 1638, passed 2-27-17) § 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 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. 73 Item 4. (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 (F)(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)(3) Certificate of incorporation. (5)(4) Statement from property owner granting permission to applicant for use of the premises on which the stated activity is proposed. (6)(5) 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 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 74 Item 4. 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. (3) No sale of 3.2% malt liquor (beer) may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2:00 a.m. and 10:00 a.m. 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 75 Item 4. 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 2:30 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. (O) (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. (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 76 Item 4. 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. (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 77 Item 4. 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 5.511 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; Am. Ord. 1610, passed 11-26-12; Am. Ord. 1640, passed 6-12-17) Penalty, see § 5.701 § 5.503 MALT LIQUORS. (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 malt liquor within the city without first having received a license as hereinafter provided. Licenses shall be of three kinds: (1) On-sale brewer taproom; (2) On-sale brew pub; and (3) Off-sale malt liquor. (B) On-sale brewer taproom licenses may be granted to a brewer licensed under M.S. § 340A.301, subd. 6(c), (i) or (j), subject to the provisions of M.S. § 340A.26, as it may be amended from time to time and as follows: (1) A brewer may only hold one on-sale brewer taproom license; and (2) The license permits the sale of malt liquor produced by the brewer for consumption of the malt liquor on the premises of, or adjacent to, a brewer taproom owned by the brewer. (C) On-sale brew pub licenses may be granted to hotels, clubs, municipal liquor stores, restaurants, and non-profit organizations for sale and consumption of malt liquor produced on the licensed premise. (D) Off-sale malt liquor licenses may be granted to a licensee with either an on-sale brewer taproom license or on-sale brew pub license, which shall permit the off-sale of malt liquor on the licensee’s premise, subject to the provisions of M.S. §§ 340A.24 or 340A.28, as it may be amended from time to time and as follows: (1) A brewer may only hold one off-sale malt liquor license; (2) The off-sale of malt liquor shall only be permitted during the same days and hours of municipal liquor stores, and between the hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays; 78 Item 4. (3) The only off-sale of malt liquor shall be the malt liquor produced by the licensee at the licensee’s premise; and (4) The packaging of the off-sale malt liquor containers and bottles are subject to M.S. § 340A.285, as it may be amended from time to time. (E) Every application for a license to sell malt liquor 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 Council shall deem necessary for verification and investigation of the facts set forth in the application. (F) Applications for malt liquor 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 Council or issuing authority; (3) Three character references; (4) The nature of any other business to be operated in conjunction with the sale of malt liquor and whether the applicant is the owner or operator of such other business, and if so, the length of time in such business; and (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 (F)(2). (G) All applications shall be referred to the Chief of Police. The Chief of Police or 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 Council resolution shall accompany each application. The application shall also be referred to the Chief of the Fire Department, the Building Official and the City Planning and 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 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. (H) 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. (I) 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, malt liquor or of intoxicating liquors; 79 Item 4. (3) For the sale of malt liquor on any premises also occupied by a previous licensee who was convicted of a violation of this section; (4) 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; (5) Who is not of good moral character and repute; (6) 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; or (7) Who is not the proprietor of the establishment for which the license is issued. (J) 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. (3) No sale of malt 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 10:00 a.m. 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 or her employees, may remain on any licensed premises after 1:30 a.m. (7) No licensee or his or her agent shall serve malt liquor or permit the sale of malt liquor to any person under 21 years of age. (8) Every licensee shall be responsible for the conduct of his or her place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell malt 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. (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. 80 Item 4. (K) 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. (L) 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. (M) 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 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 Council resolution. (N) 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. (O) (1) At the time of filing an application for any on-sale or off-sale 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; (b) A bond of surety company with minimum coverages as provided in division (2)(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. (P) 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. 81 Item 4. (Q) The operation of an on-sale, off-sale malt 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. (R) 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. (S) All licensed premises shall have the license posted in a conspicuous place at all times. (T) No manufacturer or wholesaler of malt liquor 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 malt liquor shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of malt liquor and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. (U) 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. (V) Any person violating any provision of this section shall be guilty of a misdemeanor. (W) Any on-sale or off-sale license holder is subject to the provisions of § 5.511 regarding penalties for license violations. (Ord. 1638, passed 2-27-17; Am. Ord. 1640, passed 6-12-17) § 5.504 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 82 Item 4. 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. (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 83 Item 4. 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. (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 sale of intoxicating liquor may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2:00 a.m. and 10:00 a.m. 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). 84 Item 4. (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 5.511 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; Am. Ord. 1610, passed 11-26-12; Am. Ord. 1638, passed 2-27-17; Am. Ord. 1640, passed 6-12-17) § 5.505 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: (1) Hotels, provided the establishment has a dining area providing seating for at least 30 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 that 60% of the business receipts from a license year must be attributable to the sale of food; (2) Restaurants, provided the establishment derives at least 60% of the annual gross receipts from the sale of food 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, provided that the establishment is 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 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. (C) A bowling center billiard hall 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 billiards. (D) 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 an limited intoxicating liquor license provided that the establishment derives at least 60% of the annual gross receipts from the sale of food the premises does not contain an elevated counter, commonly known as a bar and meets the 60% requirements of division (B). 85 Item 4. (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)(C) No license shall be granted for any premises which does not have a sprinkler system. (E)(D) 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)(E) 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. (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, café, 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. 86 Item 4. (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 (F)(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)(6) Three character references located within the State of Minnesota. (8)(7) 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)(8) Such other information as the City Council shall require. (G)(F) (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. (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)(G) 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)(H) 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. 87 Item 4. (J)(I) (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)(J) 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. (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)(K) 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 88 Item 4. 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 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)(L) No sale of intoxicating liquor for consumption on a licensed premises may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2:00 a.m. and 10:00 a.m. on Sunday. (N)(M) (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: 89 Item 4. (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. (O)(N) (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: (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)(O) (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) License holder is also subject to provisions of 5.510 5.511 regarding penalties for license violations. (Q)(P) 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; Am. Ord. 1610, passed 11-26-12; Am. Ord. 1638, passed 2-27-17; Am. Ord. 1640, passed 6- 12-17) § 5.506 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 90 Item 4. 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. (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. 91 Item 4. (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. (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, café, 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. (I) (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. 92 Item 4. (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. (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. 93 Item 4. (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 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. (O) No sale of wine may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2:00 a.m. and 10:00 a.m. 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. 94 Item 4. (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. (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. (S) License holder is also subject to provisions of 5.510 5.511 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; Am. Ord. 1610, passed 11-26-12; Am. Ord. 1638, passed 2- 27-17; Am. Ord. 1640, passed 6-12-17) § 5.507 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 95 Item 4. (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. (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; Am. Ord. 1610, passed 11-26-12; Am. Ord. 1638, passed 2-27-17) § 5.508 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 2:00 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 5.511 regarding penalties for license violations. (`77 Code, § 5.506) (Am. Ord. 1069, passed 1-12-84; Am. Ord. 1419, passed 9-25-00; Am. Ord. 1610, passed 11-26-12; Am. Ord. 1638, passed 2-27-17; Am. Ord. 1640, passed 6-12- 17) § 5.509 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. 96 Item 4. (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. (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; Am. Ord. 1610, passed 11-26-12; Am. Ord. 1638, passed 2-27-17) Penalty, see § 5.701 § 5.510 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. 97 Item 4. (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. (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 or her agent may sell or permit the sale of intoxicating liquor licensed to be sold under this section between the hours of 2:00 a.m. and 8:00 a.m. on days Monday through Saturday, nor between the hours of 2:00 a.m. and 10:00 a.m. 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 2:00 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 or her 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. 98 Item 4. 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. (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 party has first given ten days’ notice in writing to the issuing authority of intent to cancel the policy. 99 Item 4. (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. (`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; Am. Ord. 1610, passed 11-26-12; Am. Ord. 1638, passed 2-27- 17; Am. Ord. 1640, passed 6-12-17) § 5.511 5.510 POLICY FOR ALCOHOL LICENSE VIOLATIONS. (A) It is the goal of the city to have each liquor license comply with the law 100% of the time in relation to the chapter regarding liquor. The city 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 businesses choose to be a best practices liquor license. (B) 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 committing their establishment to working towards 100% compliance with the applicable ordinances and state statutes. (1) 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 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. (2) Optional activities. Best practices licensees will do four (three if they do integrated ID scanner on register) of the following: (a) Continuously certify 75% of all employees who sell alcohol are trained. (b) Internal employee reward/recognition program for employees who catch underage customers. (c) Run an approved internal compliance program. (d) Automated ID card scanner integrated into cash register. 100 Item 4. (e) Pre-arrange to meet with staff and prosecutor on violations. (f) Have a policy to check ID on every sale. (g) Have a policy to work with the Police Department to prevent secondary resale of alcohol. (h) Have a minimum age of 21 for employees selling alcohol products. (C) 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 if 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. (1) 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. (2) 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. (3) 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 ten calendar days before the hearing. The 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. (4) 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 ten, 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. 101 Item 4. 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. (5) 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. (6) 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. (7) 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 § 5.510 5.511, 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. (Ord. 1610, passed 11-26-12; Am. Ord. 1638, passed 2-27-17) § 5.512 5.511 PENALTY. (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 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. (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 102 Item 4. 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 1st Violation 2nd Violation 3rd Violation 4th Violation On Sale Intoxicating Liquor $250 $500 and 3 day suspension $1,000 and 5 day suspension Revocation On/Off Sale Beer $250 $500 and 3 day suspension $1,000 and 5 day suspension Revocation On/Off Sale Malt Liquor $250 $500 and 3 day suspension $1,000 and 5 day suspension Revocation Wine/beer $250 $500 and 3 day suspension $1,000 and 5 day suspension Revocation Club Liquor $250 $500 and 3 day suspension $1,000 and 5 day suspension Revocation FOR OTHER LICENSE HOLDERS: Type of License 1st Violation 103 Item 4. 2nd Violation 3rd Violation 4th Violation On Sale Intoxicating Liquor $500 $750 and 5 day suspension $1,000 and 10 day suspension Revocation On/Off Sale Beer $500 $750 and 5 day suspension $1,000 and 10 day suspension Revocation On/Off Sale Malt Liquor $500 $750 and 5 day suspension $1,000 and 10 day suspension Revocation Wine/beer $500 $750 and 5 day suspension $1,000 and 10 day suspension Revocation Club Liquor $500 $750 and 5 day suspension $1,000 and 10 day suspension Revocation (2) Except as otherwise provided in this Chapter, the following violations will subject the licensee to the following administrative penalties: Type of Violation 1st Violation 2nd Violation 3rd Violation 4th Violation Refusal to allow city inspectors or police admission to premises $1,000 and 7 days suspension $2,000 and 14 days suspension Revocation N/A After hours sale, display or consumption of alcoholic beverages $1,000 and 7 days suspension $2,000 and 14 days suspension Revocation N/A Illegal gambling on $1,000 and 7 $2,000 and 14 Revocation N/A 104 Item 4. premises days suspension days suspension Commission of a felony related to licensed activity Revocation N/A N/A N/A Sale of alcoholic beverages while license is under suspension Revocation N/A N/A N/A Sale of intoxicating liquor with only 3.2 percent malt liquor license Revocation N/A N/A N/A (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 divisions (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. (Ord. 1610, passed 11-26-12; Am. Ord. 1638, passed 2-27-17) 105 Item 4. 106 Item 4. 1/27/2021 Gather. Dine. Celebrate. Please accept this letter in support of requested changes to City ordinance for liquor license s. Background: Our property is located at 4028/4030 Central Ave. We purchased this bank owned property in 2010 and completed extensive remodel including a full commercial kitchen and sprinklers. Our company, founded in 2003, provided residential services to people with mental illness and consistently employed over 80 people. The upper floor was used as office/training space for our foster care homes and the larger ground floor space was used as an adult daycare for people with mental illness. In 2019 the operation of the foster care homes was sold to a larger company, but we retained the properties. (total of 11 single family homes in Columbia Heights, Fridley, SLP and NE Mpls) We continued to operate the Adult Daycare until the pandemic forced its closure. Going forward: We began exploring alternative uses for our property pre-pandemic and have spent this time making improvements to our space, painting, flooring etc. We have a certificate of occupancy for I-4 & A-2 mixed use with a load of 213. Our main floor space is approximately 4500 sf and the upper floor is another 3100. We have sufficient and accessible lavatory facilities. A portion of our property (4028) was previously a coffee shop and the set-up remains, the larger space (4030) consists of the new commercial kitchen a large open area and additional bathrooms and storage areas. The spaces are connected via a hallway and additional set of bathrooms. At this time, we are working to develop a concept that combines a small restaurant space with a larger event space. The restaurant space would be focused on the 4028 entrance but may expand into the larger space as needed for say a mother’s day brunch or other special occasions. The events would vary in size, from intimate private dinners to mid-sized weddings and other celebrations. We would strive to strike a balance between high quality simple food and fine dining. Options would also include take-out and catering. In support of this development we would like to obtain a full liquor license. Our expectation is that our primary service would focus on wine and beer, but a full liquor license would allow us to include craft cocktails and special events etc. Even though our space would meet the current requirements for seating and space, we do not intend to operate at that scale. We are requesting that statute allow a minimum of 50 seats and 2000 sf for full license requirements. As a Columbia Heights Alum, I welcome the opportunity to be part of the revitalization of this part of the avenue and I am anxious, as I am sure you all are as well for the new city center! Sincerely, Shelley Santrach 107 Item 4. NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 415 0 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM: Draft Report. TO: Aaron Chirpach FROM: Alan Brixius DATE: June 28, 2021 RE: Columbia Heights – Liquor Code FILE NO: 325.01 21.02 BACKGROUND Two Columbia Heights businesses have made requests for amending the City’s On- Sale Intoxicating Liquor Licensing Code to allow for consideration of an off-sale liquor license for their establishment. Soiree, located at 4028 and 4030 Central Avenue, is a local restaurant / banquet facility that wishes to pursue an intoxication liquor license. However, Soiree cannot meet the City’s minimum requirement for restaurant seating and floor area to qualify for the intoxicating liquor license. Jimmy’s Pro Billiards located at 4040 Central Avenue, meets the floor area for restaurant and provides 150 seats; but does not have customer dining in a defined 2000 sq. ft. dining area. Their table and seating arrangement is dispersed through the larger building among the available billiard tables. This table arrangement has prevented them from receiving an intoxicating liquor license. Both of the aforementioned establishments have full kitchens and serve food prepared on-site and are licensed by the State per MN Statute 157.16. The requested Liquor Code amendments related to size of restaurant, size of dining area and minimum number of seats for dining are locally imposed requirements which exceed the state requirements. As local regulations, the City may amend the City Code provided the Code is not less restrictive than State requirements. 108 Item 4. 2 ANALYSIS Chapter 5, Commercial Licensing, Article V Liquor and Beer, Section 5.505 Intoxicating Liquor outlines the performance stand for establishment pursuing the intoxicating liquor licenses. 5.505 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: (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 shal l 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 do 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 109 Item 4. 3 to make any false statement in an application. By submitting an application, the applicant consents to any and all investigations the city deems appropria te 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. The aforementioned regulations limit the types of businesses that may be eligible for on- sale liquor license within the City to hotels, restaurants, bowling centers and clubs. Additionally, restaurants are required to have 60 percent food sales, specific building sizes, dining areas sizes; this type of regulation is not uncommon for communities wishing to prevent the establishment of bars, taverns and solely drinking establishments of any size. OTHER CITY REGULATIONS: The City Staff has inventoried liquor codes in other cities and found the following trends. (See Exhibit A) 1. Most of the cities inventoried do not have a minimum floor area requirement for restaurants with intoxicating liquor licenses. The exception s are Fridley which requires a 5000 sq. ft. building and 2000 sq. ft. of dining area; Anoka requires a net dining area of 1500 sq. ft. 2. Most of the cities inventoried do not have a minimum seating requirement. Those that have the minimum seating requirement have a standard less than Columbia Heights. Anoka 25 guests, Coon Rapids 75 guests, Fridley 130 guests, Richfield 40 guests, Robbinsdale 30 guests. 3. Some of the communities have a minimum percentage of food sales ranging from 40% to 55% of gross sales. Columbia Heights last examined the intoxicating liquor license code in 2000, and determined at that time to retain the restaurant size standards and to expand the required business sales to 60% food and 40% liquor. LIQUOR SALES TRENDS: Since, 2000, the trends in dining and liquor sales have evolved through changes in licensing, insurance liability, and social norms. Regulations and liabilities associated with the serving of liquor put the business at a significant risk; if they don’t adhere to cautious dispensing of liquor and adherence to licensing requirements. However, restaurants are will to undertake the risks to reap the benefits of liquor sales. Chron.Com. a Houston based news website has published a news story entitled “Revenue That Comes With Selling Alcohol” by Fraser Sherman dated September 18, 2020 states: “Alcohol Industry Revenue and Your Bottom Line 110 Item 4. 4 “If you run a restaurant that serves some sort of alcohol – beer, wine, martinis, scotch – you're in an industry where booze typically gene rates 20 to 25 percent of a business's income. Modern Restaurant Management lists several reasons so much revenue comes with selling alcohol:  The labor involved in mixing and handing drinks to patrons is a lot lower than the labor costs in your kitchen.  The markup from wholesale is intense. Charging customers four times what you pay the wholesaler wouldn't be an outlier, though some states set limits on the markup.  There's less waste than meat or produce because alcohol can sit on t he shelf for a long time without spoiling.  Bartenders and wait staff can upsell an extra drink or two more easily than you can sell a customer on buying an extra meal SMARTASSET.COM The 20 to 25 percent figure for what the alcohol industry is worth to restaurants isn't a maximum; some restaurants realize much greater revenue. Pushing wine by the glass can sell to customers who don't want an entire bottle, and the markup can make it profitable. You can make cocktails more profitable by carefully selecting ingredients: vodka is popular and costs you very little compared to alternatives, for instance.” In understanding the advantages that liquor sales may provide to local restaurants. The Council must recognize the current regulations place smaller restaurants without liquor at a competitive disadvantage not only within the community but with restaurants of similar size in adjoining communities not having local codes as restrictive as Columbia Heights. The Council must weigh the economic and social impacts of the City’s local liquor regulations will have on the community. If the commu nity goal is to prevent “liquor only sales establishments” from popping up within the community , but wish to be supportive of in the establishment of restaurants within the community the following options may be consider. 1. Building Size: The request from Soiree is to reduce the building size requirement from 3000 sq. ft. of dining to 2000 sq. ft. and reduce seating from 150 guests to 50 guests. This reduction would be line with other cities having similar regulations and would serve this one restaurant. 2. Defined Dining Area: Jimmy’s Pro Billiards is requesting that the city allow the dining area be allowed to be dispersed within the building rather than be a defined limited dining area. This request still has all liquor sales and consumption within the confines of the building with service and dispensing by the property management. The City may change the Code to address the needs of these two businesses by reducing the building size requirements to the requested limits of Soiree and allow the 111 Item 4. 5 dining tables to be dispersed within the building rather than confined to a single defined portion of the building. . However, in considering future applications, the City may consider the following options to define restaurants in lieu of the floor space restriction. 1. Continue to required restaurants having full liquor license to have 60% food sales and 40% liquor sales. Sales reporting must be documented and presented to the City with each renewal of the liquor license. 2. Require all restaurants having a full liquor license to have a full commercial kitchen licensed by the State per MN Statues 157.16. 3. Require all restaurants having a full liquor license to have a me nu of food options that are prepared on-site and do not include pre-package or vendor food items. 4. The restaurant must be compliant with all zoning, building and fire codes. CONCLUSION: In considering potential changes to the current full on-sale liquor license, the Council must consider both the social and economic implications of the code change. It should be noted that trends in both the dispensing of liquor and consumption of liquor have changed since the City last examined the code in 200O. Improper dispensing and / or over consuming come with severe penalties for the establishment serving liquor. Awareness of these risks to the business provides incentives to operate in a manner that is with the regulations of the City and State. Historically, cities have placed local regulations limiting full liquor licenses to specific uses, (restaurants, hotels, clubs, etc.), mandated building size, investment, number of guests in an effort to avoid the proliferation of on-sale liquor only businesses. In this respect the Columbia Heights Liquor code is similar to many other Cities. In examining the Liquor Code today, the City Council must again define the intent and purpose of this code with regard to current social and market conditions. The current liquor requests from local business are their attempt to grow their businesses and be competitive with other restaurants within the Metropolitan area. This is of addition importance in the year following the pandemic that severely impacted all restaurants and entertainment businesses. Based on Staff review of the Code and the inventory of other cities, we offer the following options to the City. 1. No Change . 2. Amend the Code to allow restaurants having full liquor with a reduced required dining floor area to 2000 sq. ft. and minimum capacity to 50 guests, Allow the 112 Item 4. 6 dining area be dispersed within the building rather than in a confined area of the building. 3. Amend the Code to eliminate the dining floor area and minimum number of guests for restaurants and define restaurants eligible for full liquor with the following standards.  Continue to required restaurants having full liquor license to have 60% food sales and 40% liquor sales. Sales reporting must be documented and presented to the City with each renewal of the liquor license.  Require all restaurants having a full liquor license to have a full commercial kitchen licensed by the State per MN Statues 157.16.  Require all restaurants having a full liquor license to have a menu of food options that are prepared on-site and not including pre-package or vendor food items.  The restaurant must be compliant with all zoning, building and fire codes. The City wishes to promote businesses and expand the variety of dining choics within the community. In this regard, staff recommends option 3 above. Option 3 still ties liquor to food sales, but does not relate it to size of the restaurant. Option 3 will allow smaller restaurant venues to offer liquor as part of their dining experience allowing them to compete with larger restaurants and restaurants in other cities. 113 Item 4. Liquor Ordinance Examples 1. Columbia Heights (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; 2. Anoka Restaurant means any establishment under the control of a single proprietor or manager, having appropriate facilities to serve meals, for seating not less than 25 guests at one time in one or more dining rooms having a net dining area of at least 1,500 square feet, and where in consideration of payment therefore, meals are regularly served at tables to the general public and which employs an adequate staff for the usual and suitable service to its guests and the principal part of the business of which is the serving of foods. The term "restaurant," when used in connection with on-sale wine or on-sale 3.2 malt liquor licenses, means an establishment under the control of a single proprietor or manager, having appropriate facilities for serving meals and seating not fewer than 25 guests at one time, and where, in consideration of payment thereof, meals are regularly served at table to the general public and which employs an adequate staff to provide the usual and suitable service to its guests. 3. Coon Rapids (2)Minimum Seating Capacity.(a)To be eligible for an intoxicating liquor license on-sale, any establishment must have a minimum seating capacity of 75 persons. [Revised 3/23/93, Ordinance 1443] (b)To be eligible for a wine license on-sale, any restaurant must have a minimum seating capacity of 35 persons.(c)Unless operating a restaurant, cocktail rooms and brewer taprooms are exempt from the minimum seating capacity requirement.(3)No restaurant or hotel or motel holding a Class A on-sale intoxicating liquor license shall discontinue full meal service or table service prior to 11:00 p.m. 4. Spring Lake Park RESTAURANT. An eating facility, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location. To be a restaurant as defined by this paragraph, an establishment shall have a license from the state as required by M.S. § 157.16, as it may be amended from time to time, and meet the definition of either a "small establishment," "medium establishment" or "large establishment" as defined in M.S. § 157.16, subd. 3(d), as it may be amended from time to time. An establishment which serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall not be considered to be a restaurant for purposes of this section unless it meets the definitions of a "small establishment", "medium establishment" or "large establishment". 114 Item 4. Liquor Ordinance Examples On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined by M.S. § 340A.101, as it may be amended from time to time, and this section: hotels, restaurants, bowling centers, theaters, clubs or congressionally chartered veterans organizations, theaters and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under Paragraph I shall not exceed the amounts provided for in M.S. § 340A.408, subd. 2(b) as it may be amended from time to time. The following license classifications are established: Class A. For establishments which are conducted in such a manner that the business of serving food for a license year is a minimum of 55% of the total business of serving food and intoxicating liquor. Class B. For establishments which are conducted in such a manner that the business of serving food for a license year which is less than 55% of the total business of serving food and intoxicating liquor. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the city under the provisions of M.S. § 340A.404, subd. 4(b) as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the city, under the provisions of M.S. § 340A.404, subd. 4(a) as it may be amended from time to time; however, the licensee is prohibited from dispensing intoxicating liquor to any person attending or participating in an amateur athletic event being held on the premises. 5. Blaine Restaurant means an eating facility, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location. To be a restaurant as defined by this term in this article, an establishment shall have a license from the state as required by Minn. Stat. § 157.16. With the exception of a brewer taproom license, all restaurants shall derive a significant portion of their gross sales revenue from food. 3.2 percent malt liquor on-sale licenses, which may be issued only to restaurants, hotels, clubs, bowling centers with the incidental sale of tobacco and soft drinks. 6. Fridley Any establishment, other than a hotel or bowling center/restaurant, under the control of a single proprietor or manager, having kitchen and other facilities to serve meals and where, in consideration of payment therefore, meals are regularly served at tables to the general public. Such establishment employs an adequate staff for the usual and suitable service to its guests, and the business of serving food and/or intoxicating liquors for a license year is a minimum of 115 Item 4. Liquor Ordinance Examples 40% of the total gross sales of the business. Vending machines sales shall not be included as food sales revenue. (Ref. 1223) 4. No "on-sale" license shall be granted for a brew pub, restaurant or hotel that does not have a minimum total building area of 5,000 square feet, with a minimum kitchen and dining area of 2,000 square feet and with a minimum seating capacity that is open to the general public of 130. (Ref. 579, 1335) 7. Richfield "Restaurant" means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having appropriate facilities for serving no fewer than 40 guests at one (1) time. 8. Hopkins No on-sale intoxicating liquor license shall be issued to a restaurant unless the applicant makes a bona fide estimation that at least 50 percent of the gross receipts of the restaurant during its first year of business will be attributable to the sale of food. 9. St. Louis Park Restaurant means an establishment, other than a hotel, where meals are regularly prepared on the premises and served at tables to the general public, and which has a seating capacity for at least 30 guests at one time, and the principal part of the business is the preparation and serving of food. On-sale intoxicating liquor license. On-sale intoxicating liquor licenses shall be granted only to hotels, clubs and restaurants. Such license shall be issued to clubs and congressionally chartered veterans' organizations if they have been in existence for at least three years and liquor sales will only be to members and bona fide guests of such club or organization. 10. South St. Paul a. The establishment is a restaurant open to the public and serving meals on a regular basis and not less than 50 percent of the gross sales is from the serving of food. At the time of application for renewal of the on-sale license for the establishment, the applicant must submit proof, in a form acceptable to the city, that not less than 50 percent of the gross sales is from the serving of food. b. In the judgment of the city council, such use is compatible with existing uses adjacent to the premises and not detrimental thereto. Sunday on-sale intoxicating liquor license. A Sunday on-sale liquor license may be issued only to a restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license. 116 Item 4. Liquor Ordinance Examples 11. West St. Paul (1) Category 1. On-sale licenses may be granted to clubs, restaurants, theaters, hotels and bowling centers. For purposes of this section, a RESTAURANT is an establishment where meals are regularly prepared on the premises and served at tables to the general public, as defined in Minn. Stat. § 340A.101, Subd. 25, as it may be amended from time to time. Restaurants must be considered a small, medium or large establishment, as defined by the Minnesota Department of Health. 12. Robbinsdale Subd. 2. Restaurant. “Restaurant,” for purposes of the on-sale of intoxicating liquors, means (i) any establishment to be licensed, other than a hotel or motel, under the control of a single proprietor or manager, having appropriate facilities to serve meals, for seating not less than 30 at one time for meals, and where in consideration of payment therefor meals are regularly served at tables to the general public and which employs an adequate staff for the usual and suitable service of its guests and (ii) whose gross receipts are attributable no more than 60% to liquor and at least 40% to food sales. (Amended, Ord. Nos. 06-14, 17- 10) 117 Item 4. CITY COUNCIL WORK SESSION AGENDA SECTION WORK SESSION ITEMS MEETING DATE AUGUST 2, 2021 ITEM: Proposed changes to the City's tobacco ordinance, to include changes to regulations pertaining to flavored tobacco and penalties for youth for the possession, use, and purchase of tobacco products. DEPARTMENT: Community Development BY/DATE: Minerva Hark, City Planner / 07/30/2021 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) X Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: The City of Columbia Heights has begun the process of amending City Code to address the potential restriction or ban of flavored tobacco, along with the potential elimination or minimization of penalties for underage possession, use and/or purchase of tobacco products. City Staff collaborated with the Public Health Law Center and the Association for Nonsmokers-Minnesota on prospective ordinance changes that would address these issues. Flavored tobacco products pose as an attractive item to individuals under the age of 21, and have be en a topic of debate on the early introduction of and long-term addiction to tobacco products. The City of Columbia Heights is reviewing amendments to the City Code to help combat this global issue. Regional review has revealed that proactive municipalities typically follow one of two regulations: the restriction of flavored tobacco sales or the complete prohibition of flavored tobacco sales. The attached summary table shows how cities like Minneapolis, Falcon Heights, and Fridley have restricted the sales of flavored tobacco products to adult-only establishments, while cities like Shoreview, Arden Hills, Bloomington, and Golden Valley have fully prohibited the sales of flavored tobacco products. OPTIONS: The following options summarize some of the changes that can be made to the City Code as it relates to regulating flavored tobacco sales: No Change This would continue to maintain the status quo within the City. Prohibit the Sale of Flavored Tobacco The City Council may give direction to City Staff to adopt an ordinance that would ban the sale of any flavored tobacco products within city limits. This would include all candy- and fruit-flavored tobacco products, as well as mint, menthol, and wintergreen flavored tobacco products. 118 Item 5. City of Columbia Heights - Council Letter Page 2 Restrict the Sale of Flavored Tobacco In the interest of protecting the youth of Columbia Heights, the sale of flavored tobacco can be restricted to adult-only establishments, such as licensed tobacco stores and liquo r stores. Flavored tobacco produces would include all fruit- and candy-flavored tobacco products, as well as mint, menthol, and wintergreen flavored tobacco products. Patrons may be asked for proper identification upon entry in order to ensure that no individuals under the age of 21 are entering these establishments. In addition to addressing flavored tobacco, City Code requires amendments to the penalties section regarding underage possession, use and/or purchase of tobacco products. With the help of the Public Health Law Center, a draft ordinance is attached that brings City Code into state and federal compliance in regards to penalization of individuals under the age of 21 for the possession, use, and/or purchase of tobacco products. City Staff recommends adopting these proposed changes, as they align with state law and put the responsibility on the licensee. STAFF RECOMMENDATION: City staff recommends moving forward with City Code amendments regarding underage possession, use and purchase of tobacco products; however staff does not have a recommendation regarding flavored tobacco at this time. The purpose of this memo is the presentation of current policies alongside possible changes to City Code. ATTACHMENTS: Summary Table of Other City Regulations Summary of Public Health Law Center’s Draft Ordinance Changes Draft Ordinance Changes from the Public Health Law Center 119 Item 5. City Population Summary of Flavored Tobacco Regulations Shoreview 26,791 Prohibited the sale of fruit- and candy-flavored tobacco, as well as menthol, mint and wintergreen flavored tobacco products. The City exempted their one cigar retailer, who does not sell flavored tobacco products. Arden Hills 10,293 Full prohibition of all flavored tobacco products. The City recently settled a lawsuit with retailers regarding this matter. Bloomington 85,332 Ended the sale of al flavored tobacco products. Capped all tobacco licenses to zero. Minneapolis 2,946,000 Restricted flavored tobacco products to adult-only stores. Set a minimum price for cheap, flavored cigars. Golden Valley 21,566 Raised the tobacco sales age to 21. Prohibited the sale of all flavored tobacco products. Set a minimum price for previously cheap, flavored cigars. Barred pharmacies from holding tobacco licenses. Falcon Heights 5,571 Restricted the sale of all flavored tobacco products to adult-only tobacco stores. Raised the tobacco sales age to 21. Fridley 27,668 Restricted the sale of all flavored tobacco to adult-only tobacco stores. Raised the tobacco sales age to 21. 120 Item 5. Public Health Law Center was asked to provide sample language for updates to the City of Columbia Heights’ commercial tobacco ordinance, including updates to conform to state and federal law, and to prohibit the sale of flavored products. In addition to these provisions, they attempted to make the previously updated provision to prohibit sampling more clear. In addition to the provisions requested, the City could also consider adding provisions that would further protect youth from access to commercial tobacco and reduce the harms of commercial tobacco products, including: ●Regulating the price of commercial tobacco products,such as establishing minimum prices for cigars and restricting the redemption of price promotions and coupons; ●Limiting the number of retailers in a jurisdiction and regulating the distance between tobacco retailers and between retailers and youth-oriented facilities; ●Requiring a minimum clerk age; ●Requiring an instructional program for licensees and their employees; ●Prohibiting the delivery and/or online sales of commercial tobacco products; and ●Prohibiting sales by pharmacies. PHLC could provide sample language for any of these Policies. Here is an overview of updates/additions. Please see marked up ordinance for complete details and language: ●UPDATED the Purpose and Intent section.This provides the evidentiary basis for the proposed commercial tobacco control policies and demonstrates the city’s reasoning for adopting specific provisions. ●ADDED a definition for “Child resistant packaging”.Prohibiting sales of liquids used in electronic cigarettes unless they are sold in child-resistant packaging aligns with state statute and federal law. ●ADDED a definition for “Cigar”. “Cigar” is referenced in several provisions. ●UPDATED the definition of “Compliance Check”. This compliance check definition was updated to reflect changes in state law for minimum legal sales age of 21. ●ADDED a definition for “Licensed Product”. For readability and consistency, many communities use an “umbrella term” such as licensed products, throughout their tobacco licensing ordinance instead of listing the products each time. A definition of “licensed products” has been added below and the list of terms has been replaced, when appropriate. ●ADDED a definition for “Electronic Delivery Device.This definition reflects the definition in state statute and includes all potential devices and substances that may be on or coming onto the market. ●ADDED a definition for “Flavored Product”.This definition of “flavored product” is needed for the proposed prohibition on the sale of flavored products.The definition is comprehensive and is the common definition adopted by jurisdictions in Minnesota. ●ADDED a definition of “Indoor Area”.This definition was added to clarify what is meant by the term for the smoking prohibitions later in the ordinance. ●UPDATED the definition of “Loosies”.This adds clarity and includes the whole set of commercial tobacco products. ●REMOVED all references to minor.Instead, specific ages are referenced to avoid confusion. 1 121 Item 5. ●ADDED a definition for “Nicotine or Lobelia Delivery Products”.Minnesota State law requires licensing for nicotine and lobelia delivery products. This definition reflects the state definition. ●SUGGESTION: The current language may be a problematic way to define “sampling”. Instead of defining the term, PHLC’s sample model language includes two prohibitions which work together to prohibit use of any of the licensed products within a tobacco establishment both before and after the sale of the products. See edited provisions in mark-up that prohibit “smoking”and prohibit “sampling”. This is a more comprehensive way to ensure that no smoking, vaping, and other sampling would be allowed within any retail establishment. ●UPDATED the definition of “Self-Service Display”.This simplifies the concept of self-service displays by removing the language that appears to require no physical exchange of the product between customer and employee. ●UPDATED the term “Smoke Shop” to “Tobacco Product Shop”.The term, “smoke shop” does not reflect the range of entities the city would want to regulate; it has been replaced with “tobacco product shop” which is more comprehensive and would include the full range of licensed products that may be sold by licensees at these shops. ●CLARIFY the definition of “Smoke (Tobacco Product)Shop License.It is not clear whether this license is in addition to the general license or in lieu of the general tobacco retailer license. This could be clarified. ●REMOVED provision allowing the City to not deny a license. The basis for denial should be absolute and not allow discretion or special treatment to any applicant. ●ADDED a provision regarding the sale of flavored products.The added language combined with the definition of flavored product above, would accomplish a complete sales prohibition on all flavored tobacco products. ●UPDATED the compliance check procedure.This conforms to the state requirements for Tobacco 21. ●SUGGESTION: State law requires one compliance check per year. For retailer education purposes, and to identify and cite repeat offending retailers, the City could require at least two compliance checks per year. The license fees may be adjusted to fully cover the costs of multiple compliance checks. ●REMOVED the youth purchase, use, and possession (PUP)sections.Removal of these provisions aligns with recent changes to state law and puts responsibility on the licensee, seller, or provider of the licensed products to keep products out of the hands of youth. The only penalties that remain for youth are for using a false ID. ●UPDATED the fine schedule.As of August 1, 2020, state law set a minimum fine schedule for violations by licensed tobacco retailers at: $300 for a first violation, $600 for a second violation within 36 months, and $1,000 for a third or subsequent violation within 36 months. Upon the third or subsequent violation within 36 months of the first violation, state law requires a suspension of at least seven days and allows for license revocation. 2 122 Item 5. ARTICLE III: TOBACCO REGULATIONS Section 5.301 Purpose and intent 5.302 Definitions 5.303 License 5.304 Fees 5.305 Basis for denial of license 5.306 Prohibited sales 5.307 Vending machines 5.308 Self-service sales 5.309 License holder responsibility 5.310 Compliance checks and inspections 5.311 Other illegal prohibited acts 5.312 Exceptions and defenses 5.313 Violations and penaltiesy 5.314 Severability 5.315 Effective dates § 5.301 PURPOSE AND INTENT. Because the city recognizes that the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products to persons under the age of 21 violates both state and federal law; and because studies, which the city accepts and adopts, have shown that high school use of any commercial tobacco product has increased to 27.6% in Minnesota; and because nearly 90% of people who smoke begin smoking before they have reached the age of 18 years, and that almost no one starts smoking after age 25; and because marketing analysis, public health research, and commercial tobacco industry documents reveal that tobacco companies have used menthol, mint, fruit, candy, and alcohol flavors as a way to target youth and young adults and that the presence of such flavors can make it more difficult to quit; and because studies show that youth and young adults are especially susceptible to commercial tobacco product availability, advertising, and price promotions at tobacco retail environments; and because commercial tobacco use has been shown to be the cause of many serious health problems which subsequently place a financial Commented [PHLC1]: Public Health Law Center was asked to provide sample language for updates to the City of Columbia Heights’ commercial tobacco ordinance, including, updates to conform to state and federal law, and to prohibit the sale of flavored products. In addition to these provisions, I noticed that someone had already included some draft language to prohibit sampling. I have attempted to make that prohibition more clear. In addition to the provisions requested, the City could also consider adding provisions that would further protect youth from access to commercial tobacco and reduce the harms of commercial tobacco products, including: •Regulating the price of commercial tobacco products, such as establishing minimum prices for cigars and restricting the redemption of price promotions and coupons; • Limiting the number of retailers in a jurisdiction and regulating the distance between tobacco retailers and between retailers and youth-oriented facilities; •Requiring a minimum clerk age; •Requiring an instructional program for licensees and their employees; • Prohibiting the delivery and/or online sales of commercial tobacco products; and •Prohibiting sales by pharmacies. PHLC could provide sample language for any of these policies. Commented [PHLC2]: This Purpose and Intent section is updated to provide the evidentiary basis for the proposed commercial tobacco control policies and demonstrates the city’s reasoning for adopting specific provisions. . 123 Item 5. burden on all levels of government, this ordinance is intended to regulate the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to protect youth and young adults against the serious health effects associated with use and initiation, and to further the official public policy of the state to prevent young people from starting to smoke, as stated in Minn. Stat. § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of: the U.S. Surgeon General reports, E-cigarette Use Among Youth and Young Adults (2016), The Health Consequences of Smoking — 50 Years of Progress (2014) and Preventing Tobacco Use Among Youth and Young Adults (2012); the Centers for Disease Control and Prevention in their studies, Tobacco Use Among Middle and High School Students — United States, 2011– 2015(2016), and Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997(1998); and of the following scholars in these scientific journals: Chen, J., & Millar, W. J. (1998). Age of smoking initiation: implications for quitting. Health Reports, 9(4), 39-46; D’Avanzo, B., La Vecchia, C., & Negri, E. (1994). Age at starting smoking and number of cigarettes smoked. Annals of Epidemiology, 4(6), 455–459; Everett, S. A., Warren, C. W., Sharp, D., Kann, L., Husten, C. G., & Crossett, L. S. (1999). Initiation of cigarette smoking and subsequent smoking behavior among U.S. high school students. Preventive Medicine, 29(5), 327–333; Giovino, G. A. (2002). Epidemiology of tobacco use in the United States. Oncogene, 21(48), 7326–7340; Khuder, S. A., Dayal, H. H., & Mutgi, A. B. (1999). Age at smoking onset and its effect on smoking cessation. Addictive Behaviors, 24(5), 673–677; Luke, D. A., Hammond, R. A., Combs, T., Sorg, A., Kasman, M., Mack-Crane, A., Henriksen, L. (2017). Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. American Journal of Public Health, 107(5), 740–746; Minnesota Department of Health. (2020). Data Highlights from the 2019 Minnesota Youth Tobacco Survey. Saint Paul, MN; Tobacco Control Legal Consortium. (2006). The Verdict Is In: Findings from United States v. Philip Morris, The Hazards of Smoking. University of California San Francisco. Truth Tobacco Industry Documents, https://www.industrydocumentslibrary.ucsf.edu/tobacco; Xu, X., Bishop, E. E., Kennedy, S. M., Simpson, S. A., & Pechacek, T. F. (2015) Annual healthcare spending attributable to cigarette smoking: an update. American Journal of Preventive Medicine, 48(3), 326–333, copies of which are adopted by reference. Because the city recognizes that many persons under the age of 18 21 years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco related devices, and electronic cigarette devices, and such sales, possession, and use are violations of both state and federal laws; a nd because studies, which the city hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of 18 21 years and that those persons who reach the age of 18 21 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this article shall be intended to regulate the sale, possession and use of tobacco, tobacco products, tobacco related devices, and electronic cigarette devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco related devices, and electronic cigarette devices, and to further the official 124 Item 5. public policy of the state in regard to preventing young people from starting to smoke as stated in M.S. § 144.391, as it may be amended from time to time. (Ord. 1371, passed 5-11 -98; Am. Ord. 1616, passed 10-27-14) § 5.302 DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. CIGAR. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined in Minn. Stat. § 297F.01, subd. 3, as it may be amended from time to time. COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell licensed products tobacco, tobacco products, tobacco related devices, and electronic cigarette devices are following and complying with the requirements of this article. Compliance checks involve the use of persons under the age of 21 who purchase or attempt to purchase licensed products. Compliance checks may also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products. Compliance checks shall involve the use of minors as authorized by this article. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco related devices, or electronic cigarette devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco related devices, and electronic cigarette devices. ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. Electronic delivery device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e -pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any nicotine cessation product that has been Commented [PHLC3]: Including this definition and a provision below to prohibit sales of liquids used in electronic cigarettes unless they are sold in child-resistant packaging aligns with state statute and federal law. Commented [PHLC4]: This definition of “cigar” is included to provide a definition for the provisions that reference the term “cigar.” Commented [PHLC5]: This compliance check definition was updated to reflect changes in state law for minimum legal sales age of 21. Commented [PHLC6]: For readability and consistency, many communities use an “umbrella term” such as licensed products, throughout their tobacco licensing ordinance instead of listing the products each time. I have included a definition of “licensed products” below and have replaced the list with that term, when appropriate. Commented [PHLC7]: There was no definition of “electronic delivery device” so this definition is provided. This definition reflects the definition in state statute and includes all potential devices and substances that may be on or coming onto the market. 125 Item 5. authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act. FLAVORED PRODUCT. Any licensed product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of the product, including, but not limited to, any taste or smell relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a licensed product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a taste or smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a flavored product. INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product. Commented [PHLC8]: This definition of “flavored product” is needed for the proposed prohibition on the sale of flavored products. The definition is comprehensive and is the common definition adopted by jurisdictions in Minnesota. Commented [PHLC9]: This definition of “indoor area” was added to clarify what is meant by the term for the smoking prohibitions below. Commented [PHLC10]: With the updated definition of “loosies” below, this term is not longer necessary. Commented [PHLC11]: As noted above, the City may consider adding a new definition as an “umbrella” or catch- all term that includes all of the tobacco products covered in the ordinance (tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products). One umbrella term other jurisdictions have used is “licensed products.” This allows for simplification throughout the ordinance. Here and throughout the rest of the ordinance, instead of listing all covered products, the code need only reference “licensed products.” 126 Item 5. LOOSIES. The common term used to refer to single cigarettes, cigars, and any other licensed products that have been removed from their original retail packaging and offered for sale. Loosies does not include premium cigars that are hand-constructed, have a wrapper made entirely from whole tobacco leaf, and have a filler and binder made entirely of tobacco, except for adhesives or other materials used to maintain size, texture, or flavor. The common term used to refer to a single or individually packaged cigarette.MINOR. Any natural person who has not yet reached the age of 18 years. MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure licensed for over-the-counter authorized for sales transactions. NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering nicotine or lobelia, whether natural or synthetic, intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section. NICOTINE OR LOBELIA DELIVERY PRODUCT does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act. RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products or tobacco related deviceslicensed products are available for sale to the general public. The phrase shall include but not be limited to tobacco products shops, liquor stores, grocery stores, convenience stores, bars, and restaurants. SALE. Any transfer of goods for money, trade, barter or other consideration. Commented [PHLC12]: I’ve updated this loosies definition for clarity and to include the whole set of commercial tobacco products. Federal law and the Master Settlement Agreement prohibit the sale of single cigarettes (commonly referred to as “loosies”), but not other harmful commercial tobacco products often sold individually and for a low price. State and local governments can replicate and expand the federal provisions to close the loopholes that exist. This language includes and expands on the existing federal ban on the sale of single cigarettes known as “loosies” to include the sale of single cigars and other tobacco products (e.g., smokeless pouches and Juul pods) that have been removed from their intended packaging. So essentially, with this definition and the prohibition on the sale of loosies (included later in the ordinance) the sale of any tobacco product that has been removed from its original packaging is prohibited. Commented [PHLC13]: All references to minor have been deleted and specific ages are referenced to avoid confusion. Commented [PHLC14]: Minnesota State law requires licensing for nicotine and lobelia delivery products. This definition reflects the state definition. 127 Item 5. SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco, tobacco paraphernalia, tobacco-related products, or electronic cigarette devices for the purpose of testing a tobacco product tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products and products used in electronic delivery devices and nicotine or lobelia delivery products prior to the sale of such product. As of January 1, 2022, no Sampling shall be permitted within a building at any time. SELF-SERVICE MERCHANDISINGDISPLAY. Open displays of tobacco, tobacco products or tobacco related deviceslicensed products in any manner where any person shall havehas access to the tobacco, tobacco products, or tobacco related deviceslicensed products, without the assistance or intervention of the licensee or the licensee's employee and where a physical exchange of the licensed product from the licensee or the licensee’s employee to the customer is not required in order to access the licensed products.. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. The phrase shall not include vending machines. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the tobacco between the clerk and the customer. SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. SMOKING also includes carrying or using an activated electronic delivery device. SMOKE SHOP. A retail establishment that has obtained an appropriate license, in which greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. Commented [PHLC15]: This may problematic way to define “sampling”. Instead of defining the term, PHLC’s sample model language includes two prohibitions which work together to prohibit use of any of the licensed products within a tobacco establishment both before and after the sale of the products. See edited provisions below that prohibit “smoking” and prohibit “sampling”. This is a more comprehensive way to ensure that not smoking, vaping, and other sampling would be allowed within any retail establishment. Commented [PHLC16]: This policy language is not necessary to include in the definition since the provision below prohibits sampling. Commented [PHLC17]: This simplifies the concept of self-service displays by removing the language that appears to require no physical exchange of the product between customer and employee. That would be a rare circumstance where the employee would not handle the product to ring it up, for example. Commented [PHLC18]: A definition of “smoking” is included for the prohibition below on smoking within retail establishments. Commented [PHLC19]: The term, “smoke shop” does not reflect the range of entities the city would want to regulate so I have included and defined the term “tobacco product shop” which is more comprehensive and would include the full range of licensed products that may be sold by licensees at these shops. The more comprehensive definition of “tobacco product shop” below requires licensing, 90% of revenues derived from sale of licensed products, prohibits entry by anyone under the age of 21, and has structural criteria to ensure that retailers do not try to create a “store within a store” to skirt some of the sales restrictions. 128 Item 5. TOBACCO. or TOBACCO PRODUCTS. Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act.Any substance or item containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, snuff, fine cut or other chewing tobacco, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready- rubbed, and other smoking tobacco, snuff flowers, cavendish, shorts, plug and twist tobaccos, dipping tobaccos, refuse scraps, clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. TOBACCO PRODUCTS shall also refer to electronic cigarettes, vapor devices and related products. TOBACCO PRODUCT SHOP. A retail establishment that has obtained an appropriate license from the city that: (1) Prohibits persons under 21 from being present or entering at all times; (2) Derives at least 90 percent of its gross revenues from the sale of licensed products; and (3) Meets all of the following building or structural criteria: (a) Shares no wall with, and has no part of its structure adjoined to any other business or retailer, unless the wall is permanent, completely opaque, and without doors, windows, and pass-throughs to the other business or retailer; (b) Shares no walls with, and has no part of its structure directly adjoined to, another licensed tobacco retailer; and (c) Is accessible by the public only by an entrance door opening directly to the outside. TOBACCO- RELATED DEVICES. Any rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco products. Tobacco-related device includes components of tobacco-related devices or tobacco products, which may be marketed or sold separately. Tobacco-related devices may or may not contain tobacco.Any tobacco product as well as a pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco related deviceslicensed products upon the insertion of money, tokens or other form of payment directly into or onto the machine by the Commented [PHLC20]: Typically, it is best to define and use a single term. This definition was also updated to align with changes to the definition of tobacco in state law. Commented [PHLC21]: This definition was updated to reflect the range of products that should be regulated as tobacco-related devices. Commented [PHLC22]: This language is updated to adapt to current trends in electronic processing of payment. 129 Item 5. person seeking to purchase the tobacco, tobacco product or tobacco related devicelicensed product. (Ord. 1371, passed 5-11 -98; Am. Ord. 1570, passed 9-28-09; Am. Ord. 1616, passed 10 -27-14) § 5.303 LICENSE. (A) License required. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related devicelicensed product without first having obtained a license to do so from the city. (B) Smoke Tobacco products shop license. No person shall operate a tobacco productsmoke shop without first having obtained a tobacco productsmoke shop license to do so from the city. At any given time, there shall be no more than three smoke tobacco product shops, all with appropriate licenses, throughout the city. Currently existing smoke tobacco product shop establishments should be granted the first preference to renew their smoke tobacco product shop licenses if they choose to do so. Effective January 1, 2022, indoor sampling for all smoke shops shall be prohibited. (C) Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices licensed products shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the Clerk shall forward the application to the Police Department for a background and record check prior to formal review by the City Council. If the Clerk shall determine that an application is incomplete, he the Clerk shall return the application to the applicant with notice of the information necessary to make the application complete. (D) Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. (E) Term. All licenses issued under this article shall follow the calendar year with an expiration date of December 31 of each year and are not pro-rated. (F) Revocation or suspension. Any license issued under this article may be revoked or suspended as provided in § 5.313. (G) Transfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person is prohibited. Change of location or applicant will be required to be treated as a new applicant. Commented [PHLC23]: It is not clear whether this license is in addition to the general license or in lieu of the general tobacco retailer license. This could be clarified. Commented [PHLC24]: Are there existing “smoke shops” that have these three licenses? Would they meet the requirements of the proposed definition of “tobacco product shop?” Commented [PHLC25]: This language prohibiting indoor sampling is better addressed through the provision provided below to prohibit both sampling and smoking of all licensed products in all retail establishments. (See Sec. 5.303 (L) and (M) below.) If the intent is to give “smoke shops” time to adapt their business model, then the effective date for application of these prohibitions could be set as Jan. 1, 2022 as has been done in Sec. 5.315. However, the City is not required to delay implementation, particularly when the smoking or sampling may be harmful to employees and customers. Commented [PHLC26]: This additional sentence clarifies that transfers are not allowed. The deleted language is not necessary if no transfers are allowed. 130 Item 5. (H) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (I) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. (J) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. (K) Issuance as privilege and not a right. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (L) Smoking prohibited. Smoking, including smoking for the purpose of the sampling of licensed products, is prohibited within the indoor area of any retail establishment licensed under this ordinance. (M) Samples prohibited. No person shall distribute samples of any licensed product free of charge or at a nominal cost. The distribution of licensed products as a free donation is prohibited. (Ord. 1371, passed 5-11 -98; Am. Ord. 1570, passed 9-28-09; Am. Ord. 1616, passed 10 -27-14; Am. Ord. 1652, passed 10-8-18) Penalty, see § 5.313 § 5.304 FEES. No license shall be issued under this article until the appropriate license fee shall be paid in full. The fee for a license under this article shall be established in the city's schedule of fees. (Ord. 1371, passed 5-11 -98) Penalty, see § 5.313 § 5.305 BASIS FOR DENIAL OF LICENSE. (A) Grounds for denying the issuance or renewal of a license under this article includes but is not limited to the following: (1) The applicant is under the age of 18 21 years. (2) The applicant, or any employee thereof, has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related deviceslicensed products. (3) The applicant has had a license to sell tobacco, tobacco products, or tobacco related deviceslicensed products revoked within the preceding 12 months of the date of application. Commented [PHLC27]: These provisions would prohibit all smoking in indoor areas of licensed retail establishments and would prohibit all sampling of licensed products. Combined these would prevent any retailer, such as a vape shop, from allowing smoking or sampling of the products. Commented [PHLC28]: Fees provide revenue for the administration and enforcement of the ordinance and for retailer and community education. Periodic review and adjustment of licensing fees will ensure that they are sufficient to cover all administration, implementation, and enforcement costs, including compliance checks. Our publication, Retail License Fees, provides more information about retail licensing fees and a license fee checklist. 131 Item 5. (4) The applicant fails to provide any information required on the application, or provides false or misleading information. (5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding such a license. (B) However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. (BC) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this article. The city will provide the license holder with notice of the revocation, along with information on the right to appeal. (Ord. 1371, passed 5-11 -98) Penalty, see § 5.313 § 5.306 PROHIBITED SALES. (A) In general. No person shall sell or offer to sell any licensed product: It shall be a violation of this article for any person, or employee or responsible party, to sell or offer to sell any tobacco, tobacco product, or tobacco related device: (A) To any person under the age of 18 21 years. (1B) By means of any type of vending machine. (2C) By means of self-service display. All licensed products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public. methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee, or the licensee's employee, and the customer. This division shall not apply to retail storestobacco product shops. which derive at least 90% of their revenue from tobacco and tobacco related products and which cannot be entered at any time by persons younger than 18 21 years of age. (3D) By means of loosies as defined in § 5.302. (4E) Containing opium, morphine, jimpson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. (5F) By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. Commented [PHLC29]: The bases for denial should be absolute and not allow discretion or special treatment to any applicant. Commented [PHLC30]: For readability and inclusion of additional provisions, this section was reorganized and renumbere d. Commented [PHLC31]: This minimum sales age provision is moved below in a new subdivision to allow for the age verification and signage requirements required by state law. Commented [PHLC32]: This language is note necessary because the defined term, “self -service display” is used. Commented [PHLC33]: The City does not have to make an exception for these tobacco product shops, but if they do, then they should use the defined term. 132 Item 5. (B) Legal age. No person shall sell any licensed product to any person under the age of 21. (1) Age verification. Licensees must verify by means of government-issued photographic identification containing the bearer’s date of birth that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. (2) Signage. Notice of the legal sales age, age verification requirement, and possible penalties for underage sales must be posted prominently and in plain view at all times at each location where licensed products are offered for sale. The required signage, which will be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. (C) Flavored products. No person shall sell or offer for sale any flavored products. (D) Liquid packaging. No person shall sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, in packaging that is not child-resistant. Upon request by the city, a licensee must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used. (Ord. 1371, passed 5-11 -98; Am. Ord. 1513, passed 9-25-06) Penalty, see § 5.313 § 5.307 VENDING MACHINES. It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. This section does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 21 years of age. (Ord. 1371, passed 5-11-98; Am. Ord. 1513, passed 9 -25-06) Penalty, see § 5.313 § 5.308 SELF-SERVICE SALES. It shall be unlawful for a licensee under this article to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this article is adopted shall comply with this section within 90 days following the Commented [PHLC34]: This language combined with the definition of flavored product above, would accomplish a complete sales prohibition on all flavored tobacco products. Research demonstrates that flavored licensed products are especially attractive to youth. These products increase initiation amongst all populations by masking the harsh taste of tobacco and nicotine. Flavors like menthol and clove also provide a numbing effect that lead to longer breath-holding. This makes quitting flavored licensed products more difficult. Overwhelmingly, youth users of licensed products initiate commercial tobacco use by using flavored products. Prohibiting the sale of flavored licensed products would reduce youth access to and advertisements for these products. Commented [PHLC35]: This provision prohibits sales of liquids used in electronic cigarettes unless they are sold in child-resistant packaging which aligns with state statute a nd federal law. Commented [PHLC36]: Vending sales is already prohibited in Sec. 5.306 above. Commented [PHLC37]: This self-service display provision is already addresse d in Sec. 5.306 above. 133 Item 5. effective date of this article. This section shall not apply to retail stores which derive at least 80% of their revenue from tobacco and tobacco related products and which cannot be entered at any time by persons younger than 18 21 years of age. (Ord. 1371, passed 5-11 -98; Am. Ord. 1513, passed 9-25-06) Penalty, see § 5.313 § 5.309 LICENSE HOLDER RESPONSIBILITY. All licensees are responsible for the actions of their employees regarding the sale, offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing of any licensed product by an employee shall be considered an act of the licensee. It shall be the license holder's responsibility to provide training to any employee conducting tobacco sales and/or sales of tobacco related products and devicesof licensed products and to document proof of such training to be provided upon request by any enforcing agent of the city. (Ord. 1371, passed 5-11 -98) Penalty, see § 5.313 § 5.310 COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises must be open to inspection by law enforcement or other authorized city officials during regular business hours. From time to time, but at least [ twice ] per year, the city will conduct compliance checks. In accordance with state law, the city will conduct a compliance check that involves the participation of a person at least 17 years of age, but under the age of 21 to enter the licensed premises to attempt to purchase licensed products. Prior written consent from a parent or guardian is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 21 years to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his employee and shall produce any identification, if any exists, for which he is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. (Ord. 1371, passed 5-11 -98) Penalty, see § 5.313 Commented [PHLC38]: This compliance check procedure was updated to conform to the state requirements for Tobacco 21. Commented [PHLC39]: State law requires one compliance check per year. For retailer education purposes, and to identify and cite repeat offending retailers, the City could require at least two compliance checks per year. The license fees may be adjusted to fully cover the costs of multiple compliance checks. 134 Item 5. § 5.311 OTHER ILLEGAL PROHIBITED ACTS. Unless otherwise provided, the following acts shall be a violation of this article: (A) Illegal sales. It shall be a violation of this article for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. (B) Illegal possession. It shall be a violation of this article for any minor to have in his possession any tobacco, tobacco product, or tobacco related device. This division (B) shall not apply to minors lawfully involved in a compliance check. (C) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, or tobacco related device. (AD) Illegal procurement. It shall be a violation of this article for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device, and Iit shall be a violation of this article for any person aged 21 or older to purchase or otherwise obtain such itemslicensed products on behalf of a person under the age of 21minor. It shall further be a violation for any person aged 21 or older to sell or otherwise provide any tobacco, tobacco product, or tobacco related devicelicensed product to any person under the age of 21minor, and it shall further be a violation to coerce or attempt to coerce a minor person under the age of 21 to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related devicelicensed. This division shall not apply to minors lawfully involved in a compliance check. (BE) Use of false identification. It shall be a violation of this article for any minor person to attempt to disguise his their true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. (F) Smoking and sampling indoors are prohibited. No person shall smoke indoors in a public place, indoors at a public meeting, or indoors at place of employment. This subdivision also prohibits the Sampling of tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products and products used in electronic delivery devices and nicotine or lobelia delivery produc(Ord. 1371, passed 5-11-98) Penalty, see § 5.313 § 5.312 EXCEPTIONS AND DEFENSES. Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor person under the age of 21 as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by state law. (Ord. 1371, passed 5-11 -98) § 5.313 VIOLATIONS AND PENALTIESY. Commented [PHLC40]: Minimum legal sales age is established above in Sec. 5.506 so this provision is not necessary. Commented [PHLC41]: These changes remove the youth purchase, use, and possession sections. Removal of these provisions aligns with recent changes to state law and puts responsibility on the licensee, seller, or provider of the licensed products to keep products out of the hands of youth. Possession, use and purchase (PUP) laws may be unlikely to reduce youth commercial tobacco use significantly. They may undermine other conventional avenues of youth discipline, divert attention from more effective tobacco control strategies, and relieve the tobacco industry of responsibility for its marketing practices. Some communities are concerned that PUP provisions may be enforced inconsistently with respect to youth from certain racial and ethnic groups, resulting in their introduction into the criminal justice system. Nicotine is more addictive than heroin and other drugs. Many public health groups sug gest focusing instead on the retailer, especially since this is a licensing code. Commented [PHLC42]: The smoking and sampling prohibitions PHLC provided above in Sec. 5.506 are comprehensive so this paragraph is not necessary. Commented [PHLC43]: This is already prohibited under the Minnesota Clean Indoor Air Act. If the City would like sample language for stronger indoor air protections, PHLC could provide assistance. 135 Item 5. (A) Violations. (1) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his right to be heard on the accusation. (2) Hearings. If a person accused of violating this article so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. (3) Hearing Officer. The City Council, or representative designated by the City Council, shall serve as the hearing officer. (4) Decision. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officers reasons for finding a violation and the penalty to be imposed under division (B) of this section, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. (5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred. (6) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this article. (67) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (B) Administrative penalties. (1) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine of $30075 for a first violation of this article; $600200 for a second offense at the same licensed premises within a 3624- month period; and $1,000250 for a third or subsequent offense at the same location within a 3624-month period. In addition, after the third offense, the license shall be suspended for not less than seven days. Upon a fourth violation within a 36-month period, the license will be revoked. (2) Other individuals. Other individuals, other than minors person under the age of 21 regulated by division (B)(3) of this section, found to be in violation of this article shall may be charged an administrative fee of $50. (3) Persons under the age of 21. Persons under the age of 21 who use a false identification to purchase or attempt to purchase licensed products may only be subject to non-criminal, non- monetary civil penalties or remedies such as tobacco-related education classes, diversion programs, community services, or another non-monetary, civil penalty that the city determines to be appropriate. The City Council will consult with educators, parents, guardians, persons Commented [PHLC44]: Misdemeanor prosecution is addressed in penalties below. Commented [PHLC45]: As of August 1, 2020, state law set a minimum fine schedule for underage sales or other ordinance violations by licensed tobacco retailers at: $300 for a first violation, $600 for a second violation within 36 months, and $1,000 for a third or subsequent violation within 36 months. Upon the third or subsequent violation within 36 months of the first violation, state law requires a suspension of at least seven days and allows for license revocation. The City may choose to have a longer suspension upon a third violation (many communities suspend for 30 day). Commented [PHLC46]: Additionally, the City may choose to revoke a license upon a fourth violation. Sample language is included here. Commented [PHLC47]: State law has been changed to make this a permissive, not a mandatory, administrative fine. This gives more discretion to jurisdictions as they consider penalties for clerks. Individuals who are selling or furnishing tobacco are most likely to be very low wage employees or clerks at a retail establishment and are likely to experience significant employment repercussions for violations, such as termination. 136 Item 5. under the age of 21, public health officials, court personnel, and other interested parties to determine an appropriate remedy for persons under the age of 21 in the city in the best interest of the underage person. The remedies for persons under 21 who use a false identification to purchase or attempt to purchase licensed products may be established by ordinance and amended from time to time. Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be subject to an administrative fine, or may be subject to tobacco related education classes, diversion programs, community services, or another penalty that the city believes will be appropriate and effective. Such administrative fine or other penalty shall be established by City Council ordinance upon the City Council's consultation with interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. (4) Statutory penalties. If the administrative penalty for violations against licensed retailers under Section 11(B)(1) authorized to be imposed by Minn. Stat. § 461.12, as it may be amended from time to time, differ from that established in this section, then the higher penalty will prevail. (C) Misdemeanor. Nothing in this section prohibits the city from seeking prosecution as a misdemeanor for an alleged second violation of this ordinance by a person 21 years of age or older within five years of a previous conviction under the ordinance. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this article. (Ord. 1371, passed 5-11 -98) § 5.314 Severability. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. § 5.315 Effective Dates. Section 5.306 paragraphs (L) and (M) of this article are effective January 1, 2022. The remainder of this ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. Commented [PHLC48]: With PUP penalties removed, the only penalties that remain for youth are for using a false ID. This language has been updated to reflect that change. Commented [PHLC49]: This ensures that if the statutory penalties for licensees differ from the penalties in the City’s ordinance, that the higher of the penalty will prevail. Commented [PHLC50]: State law now penalizes a first violation of underage sales as a petty misdemeanor and allows for a misdemeanor prosecution upon a second violation. I updated this paragraph to reflect that new penalty structure under state law. This sample language also allows for discretion for the misdemeanor penalty as opposed to the current requirement in the City’s ordinance for misdemeanor prosecution, and it does not allow misdemeanor prosecution for persons under age 21. This is in keeping with the goals of removing criminal penalties for underage persons to minimize their interaction with the criminal justice system and the damaging legacy that criminal penalties may have on youth. Commented [PHLC51]: This provides delayed implementation for the prohibition on sampling and smoking. The remainder of the ordinance would be effective upon publication, including the flavor product sales prohibition. However, the City could choose not to enforce immediately and provide an education period or grace period before full enforcement of the ordinance. 137 Item 5. CITY COUNCIL MEETING AGENDA SECTION WORK SESSION ITEM A MEETING DATE AUGUST 2, 2021 ITEM: Update on Information Systems Strategic Planning DEPARTMENT: Finance BY/DATE: Joseph Kloiber, Finance Director / July 7, 2021 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _ Diverse, Welcoming “Small-Town” Feel _ Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability X Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: Earlier this year, the City contracted with Sciens Consulting of McKinney, Texas, to prepare a broad assessment of the City’s information systems function, and to recommend a strategic plan to guide these activities for the next several years. Additionally, a number of needed improvements in this area have been deferred until such a plan is established, in order to assure any improvements funded are consistent with the longer term direction of technology management throughout the City. The consulting agreement with Sciens will produce two reports and a council presentation. The first report is 132 pages that assess the current state of the City’s information systems function ; list strengths and weaknesses, and describe alternative recommended strategies. This report is based on extensive interviews and questionnaires with both IS staff and customer departments, as well as review of technical systems documentation and comparisons to benchmarking data from comparable organizations . This first report, the Information Systems Assessment Report, is in final published form, and is available for review upon request. For security purposes, sections of the report will be redacted f rom any public requests. The second report puts the conclusions from the first report into the form of a five -year technology action plan. The second report is still only in draft form , with release expected by the end of August. The current draft of the second report is 73 pages. Following the release of the second report, Sciens will make a presentation to the city council, probably at the September city council work session. A primary theme of both reports is that, comparatively, the City is underspending and understaffing the information systems function. As a result, the City is currently limited to managing tech nology using only a reactive “break-fix” approach, rather than proactively enabling customer departments’ use of technology. At the August 2 city council work session, staff will provide additional feedback on the first Sciens report. ATTACHMENT(S):  12-page Executive Summary from Sciens Information Systems Assessment Report  Organization chart recommendation from page of Sciens Information Systems Assessment Report 138 Item 6. 139 Item 6. 140 Item 6. 141 Item 6. 142 Item 6. 143 Item 6. 144 Item 6. 145 Item 6. 146 Item 6. 147 Item 6. 148 Item 6. 149 Item 6. 150 Item 6. 151 Item 6.