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HomeMy WebLinkAbout1680-86 - ADMIN Ordinance - City Council - 1986/06/02JUNE 2, 1986 8a ORDINANCE NO.16Rn-86 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATED TO MINORS AND LIQUOR: REPEALING AND REPLACING SECTIONS 13-308(la) and 13-326(2) THE CITY OF ST. LOUIS PARK DOES ORDAIN: Sec. 1. Nonintoxicating Liquor. Section 13-308(la) of the Ordinance Code is hereby repealed and replaced with a new Section 13-308(1a,b,c) to read as attached: Sec. 2. Intoxicating Liquor. Section 13-326(2a,b,c,d,e) of the Ordinance Code is hereby repealed and replaced with a new Section 13-326(2a,b,c) to read as attached: June, 1986 (8) No "on sale" license shall be granted to operate at or in any building or place within four hundred feet of any school building or church. (9) A "temporary on sale" beer license shall be issued subject to the conditions that such license shall be issued for a period not to exceed two (2) days; that no individual organization shall be granted such licenses for more than six (6) days per calendar year; that a bond or cash deposit in an amount of at least $100 be provided to insure proper clean up if public property is the premises upon which sales will be conducted; that no such license shall be issued for the sale of non -intoxicating malt liquor on school grounds or in school buildings or within three hundred (300) feet thereof when regularly scheduled classes are being held in such school; that no such license shall be issued for the sale of non -intoxicating malt liquor within three hundred (300) feet of any church, synagogue, or other place of religious worship on any day upon which regularly scheduled services are being conducted; provided, however, that this synagogue or other place of religious worship consents in writing to the sale of beer under a temporary license at such times; that no more than five licenses shall be granted in any one calendar year for any premises. (Sec. 13-307(9) Amended by Ordinance 1345, September 20, 1976) Section 13-308. Conditions of License and Regulations: (1) Employment of Minors; Sale to Minors and Intoxicated Persons Prohibited. No person shall sell liquor to any minor nor to any intoxicated person, and no minor shall be sold a liquor license. Entering Licensed Premises: a) It is unlawful for a person under the age of 21 years to enter an establishment licensed for the sale of alcoholic beverages or any liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage, except a person who was born on or before September 1, 1967, may continue to purchase and consume alcoholic beverages and shall be treated for purposes of Minn. Stat. 340A, 1986, as a person who is 21 years old. b) Itis unlawful for a City to prohibit a person 18, 19 or 20 years old from entering a licensed establishment to (i) perform work for the establishment including the serving of alcoholic beverages (e.g., bartender/waitress/waiter); (ii) consume meals; and (iii) attend social functions held in a portion of the establishment where liquor is not sold (Minn. Stat. 340A.503(4), 1986). 1 372 c) Persons under 18 years of age may not be sold or served liquor in a licensed establishment but may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may be employed as waiters or waitresses at a place where only wine is sold, pro- vided the person under the age of 18 may not serve or sell wine (Minn. Stat. 340A.412 (10), 1986). (Sec. 13-308(1) amended by Ord. 1621, 4/16/84; Ord. 1505, 5/4/81; & Ord. , 6/2/86 which added new a, b, c) (2) Ins ection, Windows Entertainment. The premises named in any license shall at a 1 times while open to the public be also open to inspection and examination by any police or health authority of the City. It shall be unlawful for any licensee to shade or obscure any window or window in a door in such manner as to prevent a clear view into the interior of the licensed premises. (3) Hours of Sale. No licensee for the sale of nonintoxicating malt liquor shall sell any such malt liquor, nor shall any such licensee serve or permit to be served or consumed on the premises named in the license any such malt liquor, on Sunday between 1 a.m. and noon, or on any other day between 1 a.m. and 8 a.m. (Sec. 13-308(3) amended by Ord. 1345, 9/20/76; Ord. 1603, 7/18/83) (4) Clubs. Clubs shall not sell such malt liquor except to mem ers and guests in the company of members. Section 13-309. Revocation. The license of any person to whom a license cannot be grante under the provisions of Section 13-307 herein, and the license of a place where a license cannot be granted under the provisions of Section 13-307 herein, shall be immediately revoked by the City Manager or the City Council upon the discovery of such fact. A conviction in any court for violating any of the provisions of this ordinance, shall in and of itself be cause for revocation of a license by the City Manager or the City Council. June, 1986 373 June, 1986 Section 13-325. Granting of License. The City Council shall investigate all representations set forth in an application and shall conduct a public hearing. Two weeks' published notice of the hearing shall be given in the official newspaper at least ten days before the hearing. After the investigation, the public hearing, and approval of the bond, the City Council shall grant or refuse the license at its discretion, except that no "off -sale" license or transfer of an "off -sale" license will be effective until it, together with the bond, has the approval of the state liquor control commissioner. Section 13-326. Conditions of License. 1) Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order therein. No liquor shall be sold to any intoxicated person. No "on sale" dealer nor "Sunday sale" dealer shall sell liquor by the bottle or container for removal from the premises. No dealer, licensed for "off sale" only, shall permit the consumption of any liquor on such licensed premises. (Sec. 13-326(1) Amended by Ordinance 1283, March 3, 1975) 2) Employment of Minors; Sale to Minors and Intoxicated Persons Prohibited. No person shall sell liquor to any minor nor to any intoxicated person, and no minor shall be sold a liquor license. Entering Licensed Premises: a) It is unlawful for a person under the age of 21 years to enter an establishment licensed for the sale of alcoholic beverages or any liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage, except a person who was born on or before September 1, 1967, may continue to purchase and consume alcoholic beverages and shall be treated for purposes of Minn. Stat. 340A, 1986, as a person who is 21 years old. b) Itis unlawful for a City to prohibit a person 18, 19 or 20 years old from entering a licensed establishment to (i) perform work for the establishment including the serving of alcoholic beverages (e.g., bartender/waitress/waiter); (ii) consume meals; and (iii) attend social functions held in a portion of the establishment where liquor is not sold (Minn. Stat. 340A.503(4), 1986). c) Persons under 18 years of age may not be sold or served liquor in a licensed establishment but may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may be employed as waiters or waitresses at a place where only wine is sold, pro- vided the person under the age of 18 may not serve or sell wine (Minn. Stat. 340A.412 (10), 1986). (New Sec. 2a, b, c) added by Ord. 6/2/86) 378 1 f L j le, 1986 (Section 13-326(2)(e) added by Ord. 1505, May 4, 1981) (Sec. 13-326 (2a -e) deleted and replaced with 2a, b, c by Ord. 6/2/86) 3) No pool or billiard table shall be kept or used in any "on sale" premises except a club as defined hereunder. No licenseeshall keep, possess or operate, or permit the keeping, possession or operation of, on the premises, or in any room adjoining the licensed premises controlled by him, any slot machine, dice or other gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same or in any adjoining building directly or indirectly under his control, to be used as a resort for prostitutes, or other disorderly persons. 4) No license shall be issued to any person not a citizen of the United States, nor to any person not of good moral character and repute, nor to any person who shall have been convicted of any wilful violation of any law of the United States, or the state of Minnesota, or of any local ordinance with regard to the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor, nor to any person whose license under this ordinance shall be revoked for any wilful violation and of such laws or ordinances. 5) No license shall be granted to any manufacturer or distiller of intoxicating liquor, nor to anyone interested in the ownership or operation of any such place, nor to a person operating a licensed place owned by a manufacturer, distiller, or exclusive wholesale distributing agent unless such interest was acquired at least six months prior to January 1, 1934; and no equipment or fixtures in any licensed plate shall be owned in whole or part by any such manufacturer or distiller. 379 Sec. 3. Penalty Clause. Persons who violate the provisions of this ordinance are guilty of a misdemeanor. Sec. 4. Effective Date. This ordinance shall take effect September 1, 1986. Adopted by the City Council June 2, 198 . tt t: Cit=y Clerk Reviewed for administration: 6) Approved as to form an legality: ty Manager City Attorney 4 i j Minnesota Suburban Newspapers, Inc. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss COUNTY OF HENNEPIN) Donald x - Mortan4.on , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as S t _ Lo ui la Park Sal 1 o r , and has full knowledge of the facts which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B) The printed Ordinance No.1680-86 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for conA successive weeks, it was first published on Monday , the 9 day of June , 19 86, and was thereafter printed and published on every to and including _ , the day of , 19, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice a hcdefghi)klmnopgr.tu%u BY TITLE Subscribed and sworn to before me on this 1 3 day of , 19 86 11 i 1 _ 1 June Not MERIDEL M.HEDBLOM [NOTARY OTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 Operations Manager RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 210 per line for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter (Line, word, or inch rate) $ 365¢ per line (Line, word, or inch rate) $ 354 per line (Line, word, or inch rate) (Official Publication) SUMMARY ORDINANCE NO 1680-86 AN ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE CODE RELATED TO MINORS AND LIQUOR REPEALING AND REPLACINGiSECTIONS 13-308(la) and 13-326(2) Summary This ordinance brings the liquor licensing'sections of the St Louis Park, Code Into conformance with Stale law'reI ted to the drinking age _ Effective Dote This , ordinance 'hall take effect SO -amber 1 1986 Adopted by the City Council June 2 1986 (s) LYLE W HANKS Mayor (The full text of this ordinance is available with the City Clerk ) (June 9 1986) -SLP