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HomeMy WebLinkAbout1801-89 - ADMIN Ordinance - City Council - 1989/09/05ORDINANCE NO. 1801-89 SEPTEMBER 5, 1989 8a AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE RELATED TO INTOXICATING LIQUOR: SECTION 13-124 (BOND DELETED); AND SECTIONS 13-320 THROUGH 13-328, AND SECTION 13-334 AMENDED THE CITY OF ST. LOUIS PARK DOES ORDAIN: Sec. 1. The St. Louis Park Municipal Code, Section 13-124, is hereby amended by the deletion of bond requirment for liquor licenses. Sec. 2. The St. Louis Park Municipal Code, Sections 13-320 through 13-328 and Section 13-334 are hereby amended as attached: Intoxicating Liquor Section 13-320. Definitions. For purposes of this ordinance, the following terms have the meanings given them: 1) "Club" is a corporation duly organized under the laws of the State of Minnesota for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion of sports, or a Congressionally chartered veterans organization which has more than 50 members and which 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, and 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 to its guests beyond the amount of such reasonable salary or wages fixed and voted each year by the governing body. No license shall be issued or renewed to a club which discriminates against members or applicants for membership or guests of members on the basis of Race. 2) "Drugstore" is any place where-drugs--are—kept;-compounded and sold and which shall at all times be in charge of a registered pharmacist or assistant pharmacist during the temporary absence of the registered pharmacist. 3) "Entertainment or dancing" is any direct or organized effort on the part of management to attract clientele through but not limited to the -provision of 1 i ve -enterta i-ners ,--danc4-eg -by entertainers, vaudeville or similar entertainment, singing, con- test, audience participation activities, ten or more coin-operated amusement devices, modeling or fashion shows of any type, or dancing by patrons. September 1989 374 4) "Exclusive liquor store" is an off -sale establishment used exclusively for the sale of intoxicating liquor at retail, except for the incidental sale of tobacco, nonintoxicating malt liquor, softdrinks, cork extraction devices, books and videos on the use of liquor in the preparation of food. "Exclusive liquor store" is also an on -sale or combination on-sale/off-sale establishment which sells food for on -premises consumption in conjunction with the sale of liquor. 5) "Floor area" used to calculate the license fee is all of the area of the various floors of a licensed premise measured to the centers of all partitions, except those areas primarily for nonservice purposes including but not limited to dead storage, building management, toilets or restrooms, mechanical equipment rooms, and kitchens. 6) "Hotel" is an establishment having a resident proprietor or manager which,for pay,food and lodging are regulary furnished to transients and which maintains at least 25 guest rooms, and a restaurant serving the general public at tables with seating for at least 30 guests at one time. 7) "Intoxicating liquor," "liquor" and "alcoholic beverages" are ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. 8) "Off -sale" is the retail sale of liquor in the original package in an exclusive liquor store or drugstore for consumption off the premises where sold, with the following exception: Samples of wine, liqueurs, cordials, and malt liquor which are in stock and being offered for sale may be dispensed at no charge to be con- sumed on the premises during permitted hours at a quantity not more than 50 milliliters (1.7 oz.) of wine per variety per customer, 25 milliliters (.85 oz.) of liqueur or cordial per variety per customer and 100 milliliters of malt liquor per variety per customer. 9) "On -sale" is the sale of liquor by the glass for consumption on the premises only. September 1989 375 10) "Package" or "original package" is a sealed or corked container of liquor. 11) "Restaurant" is an establishment, other than a hotel, where meals are regularly served at tables to the general public and which has seating capacity for at least 30 guests at one time, and the principal part of the business is the serving of food. 12) "Sacramental Wine." No license shall be required for the resale of wine by a rabbi, priest, minister or pastor of a duly organized religious organization to worshippers who practice religious rites in their homes. 13) "Sale" and "sell" mean and include all barters and all manners or means of furnishing alcoholic beverages. 14) "Sunday -sales" means that a restaurant, club, bowling center or hotel with a seating capacity for at least 30 persons and which holds an on -sale liquor license may sell liquor for con- sumption on the premises in conjunction with the sale of food be- tween noon -Sunday and la.m. Monday pursuant to a special license issued by the City. The sale of liquor may begin at 10 a.m. if the licensee is in conformance with the Minnesota Clean Air Act. 15) "Wine license" means the on -sale of wine of up to 14 percent alcohol by volume for_ cons.umpti_on with thes.ale of loorl_at restaurant having facilities for seating at least 30 guests at one time. A holder of an on -sale wine license who is also licensed to sell 3.2 beer at on -sale and whose gross receipts are at least 60 percent attributable to the sale of food may sell strong beer at on -sale without an additional license. September 1989 376 Section 13-321. License Required. No person shall except as per- mitted under Section 13-320(12) directly or indirectly upon any pretense or by any device, manufacture, import, sell, exchange, barter, dispose of, or keep for sale any intoxicating liquor without first having obtained a license therefor as herein provided. Licenses are defined in this Ordinance Code. Section 13-322. Application for License. Every person desiring a liquor license shall file an application with the City Clerk in such form as may be prescribed by the City Council. Fees shall be paid at the time the application is filed. In the event the application is denied for an on -sale license, $500,or $100 for each owner of a partial or beneficial interest in the proposed license, whichever is greater, shall not be refunded. If an application for an off -sale license is denied, the $200 license fee shall not be refunded. Section 13-324. Fees and Expiration Date. 1) Fee Increases; Notice, Hearing. The City shall not increase the fees for liquor licenses governed by Subsections 2, 3, 4, 5, & 6 below except after notice and hearing on the proposed increase. Notice must -be mailed -to all affected licensees at least 30 -days before the date set for the hearing. 2) On -Sale. The annual fee for an on -sale license shall be payable in two equal installments; the second installment shall be payable on or before July 1 of each year. When any on -sale license is issued for an unexpired portion of a license, the fee shall be prorated, provided the minimum thereof shall be one-half the license fee. Failure to pay the second installment -of the 1 i cease fee when due shall be cause for revocation of any on -sale license without notice. The fees are as follows: No Entertainment Entertainment and/ or Dancing Floor Area in Square Feet 0 - 3000 3001 - 6000 Over 6000 $5400 $6000 $6600 $6600 $7200 $7800 September 1989 377 3) Off -Sale. The annual fee for an off -sale license shall be $200. 4) Sunday -Sale. The annual fee for a special Sunday -sale license shall be $200. 5) Club. The annual fee for an on -sale club license shall be as follows: Membership Fee 0-200 $ 200 201-500 400 501-1000 550 1001-2000 700 2001-4000 900 4001-6000 1900 More than 6000 2900 6) On -Sale Wine Only. The annual fee for an on -sale wine license shall be $2000. 7) Temporary On -Sale. The daily fee for a temporary on -sale license shall be $50. 8) Expiration Date. All full -year intoxicating liquor licenses shall expire on December 15 each year. 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 dram -shop liability insurance, the City Council shall grant or refuse the license at its discretion, except that no off -sale license or transfer of same will be effective until it together with the insur- ance has the approval of the State Liquor Control Commissioner. 1 September 1989 378 Section 13-326. Conditions of License. 1) Every licensee is responsible for the conduct in the licensed establishment and the conditions of sobriety and order therein. No liquor shall be sold to any obviously intoxicated person. No on -sale or Sunday -sale licensee shalt 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 except as listed in Section 13-320(8). 2) Employment of Minors; Sale to Minors and Obviously Intoxicated Persons Prohibited. No person shall sell liquor to any minor nor to any obviously 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 for the purpose of purchasing or having served or delivered any alcoholic beverage. b) It is 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/waitperson; (ii) consume meals-; and (iii) attend social functions held in a portion of the establishment where liquor is not sold. c) Persons under 18 years of age may not be sold or served liquor, or employed in a licensed establishment. 3) No licensee shall 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 her, any slot machine, dice or other unlawful gambling device nor permit any unlawful gambling therein, nor permit the licensed premises or any room in the same or in any adjoining building directly or indirectly under his con- trol to be used as a resort for prostitutes or other disorderly persons. September 1989 379 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. In addition, no new retail license may be issued to, and the City Council may refuse to renew the license of a person who within five years of the license application has been convicted of a wilful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution or possession for sale or distribution of an alcoholic beverage. 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 place shall be owned in whole or part by any such manufacturer or distiller. 6) Not more than one license of any class shall be granted to one person or to one management except on -sale and off -sale licenses issued in combination and on -sale and Sunday -sale in combination. On -sale licenses may be issued for sale of intoxicating liquors in hotels, clubs, restaurants and establishments for on -sale of liquor exclusively. Off -sale licenses shall be issued only to proprietors of drugstores and exclusive liquor stores. Sunday -sale licenses may be issued only to establishments which are restaurants or hotels or clubs as defined in Section -13-320 of this Ordinance, having facilities for serving food for not less than 30 guests at one time and to which on -sale licenses have been issued or may be issued. 7) No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the City are delinquent and unpaid. 8) Every licensee shall be deemed to have given consent to an examination and inspection of every part of the premises at all times by any police, fire or health officer of the City. Refusal to allow such inspection or to answer the request of City police, fire or health authority to be admitted to a licensed premises shall be grounds for suspension or revocation of all liquor licenses. 9) No license shall be granted within 300 feet of any school or church. September 1989 r 380 10) Subject to the provisions of subsection 11 hereof, every room, place or premises wherein liquor is permitted to be or is sold, including any cafe, restaurant or dining room operated in con- nection therewith, or as part thereof, pursuant to an on -sale license, shall be closed and kept closed to the public on every day between the hours of 1 a.m. and 6 a.m. During the said hours no person, or persons shall be allowed to be or remain upon, or within such room, place or premises for any purpose whatsoever, except that the owner or licensee, its agents, servants or employees may remain therein for the purpose only of cleaning, preparation of meals, necessary repairs, or other work in connection therewith or as watchpersons. 11) A cafe, restaurant or dining room operated in connection with a place or premise where intoxicating liquor is sold may remain open to the public after 1 a.m. solely for the purpose of serving food, if: a) in the event that all intoxicating liquor on the premises is contained in a room separate from the room where food is served, its doors shall be locked at 1 a.m. and any other steps necessary to ensure that no liquor shall be served or available after 1 a.m. shall be taken, or b) in the event that all intoxicating liquor on the premises is not contained in a room separate from the room where food is served, all liquor on the premises shall be physically locked in storage facilities adequate to ensure that no liquor shall be served or available to any person after 1 a.m. 12) No intoxicating liquor shall be drunk or consumed on the licensed premises except during the hours of operation permitted under Section 13-327. 13) As a condition to the grant of an on -sale license where sale of food and such other articles is permitted by the City Council, the Council may by resolution restrict the sale and consumption of liquor at any place so licensed to tables where food is served to patrons purchasing and consuming said liquor, and may prohibit or limit the sale and consumption of liquor at a bar, and may prohibit the maintenance of a bar on the premises where liquor is displayed or dispensed. September 1989 381 14) Where a licensee is a corporation, the stock of which is owned directly or indirectly by less than 50 persons, or a partnership the following conditions shall apply: a) At the time the license is granted the licensee shall furnish the City Clerk with a correct list of all shareholders and the number of shares held by each or of all partners. •b) The licensee shall promptly notify the City Clerk of any change in the ownership or beneficial interest of its shares or of the addition of a new person as a partner and, at the time of notification, shall pay a fee of $100.00 for each new shareholder or partner. Any such change must be approved by the City Council. c) Failure to make the required notification is cause for revocation or suspension of the license. The City Council or any officer of the city designated by it may examine the stock transfer records, minute books or similar records of the licensee at any reasonable time in order to verify the names of stockholders, partners, and persons voting at meetings of the licensee. 15) Every license shall be posted in a conspicuous place on the licensed premises at all times. 16) It shall be cause for revocation or suspension of any license issued under this-ordinance—if-the licensee, his manager, or agent shall allow any live person to appear, or have reasonable cause to believe that any live person shall appear in any premises in a state of nudity, to provide entertainment, to provide service, to act as hostess, manager or owner, or to serve as an employee in any capacity. For the purpose of this subsection, the term "nudity" shall mean the showing of the human male or female genitals, pubic -area=or buti ociz - or--humaii female breast including the nipple with less than the full opaque covering; provided, however, for entertainment purposes only the wearing of pasties shall constitute a full covering. (Section 13-326(16) Added by Ordinance 1263, May 6, 1974) September 1989 382 Section 13-327. Hours of Operation. 1) On -sale - No ori -sale of intoxicating liquor may be made: a) between 1 a.m. and 8 a.m. on the days of Monday through Saturday; b) between 1 a.m. and 10 a.m. on Sunday, provided the licensee is in accordance with the Minnesota Clean Indoor Air Act; otherwise between 1 a.m. and noon on Sunday. c) between 8 p.m. on December 24 and 8 a.m. on December 25 except as provided by Subsection b above. 2) Off -Sale - No sale of intoxicating liquor may be made by an off -sale licensee: a) on Sunday; b) before 8 a.m. Monday through Saturday; c) after 8 p.m. Monday through Thursday; d) after 10 p.m. on Friday and Saturday; after 10 p.m. December 31, July 3 and the day preceding Thanksgiving day; e) on Thanksgiving day and Christmas day, and after 8 p.m. on December 24. During said prohibited hours, no intoxicating liquor in any quantity shall be permitted in such licensed premises, except stock of liquors stored therein accessible only to the licensee and its employees. Section 13-328. Restrictions on Consumption. In any place licensed for on -sale, the liquor sold shall be served and consumed at tables, counters or bars equipped with chairs at which customers may sit to be served. No liquor shall be sold or consumed on a public highway, park or other public place, or in an automobile. September 1989 383 Section 13-334. Transfer of Licenses. Licenses shall be transferable only upon application by the proposed transferee and consent of the City Council. The application shall contain all of the information required for an original application and shall be acted upon by the City Council in the manner set out in Section 13-325. The application shall be accompanied by dram shop liability insurance as required by an original licensee. At the time of making the application for transfer of license, the proposed transferee shall pay an application fee of $500 or $100 for each person having an ownership or beneficial interest in the proposed transfer, whichever is greater. If the transfer is denied, no refund of any portion of the application fee shall be paid by the City. Upon the granting of the transfer, the original licensee shall not be entitled to a refund of any portion of the license fee, and the transferee shall thereafter pay any unpaid balance due on the license. Such transfer shall not release the original licensee from liability upon its insurance. A change of a licensee's form of ownership from individual or partner- ship to corporation or other similar change without adding new persons or shareholders, partners or individual owners shall not be considered a transfer of the license, but the licensee shall immediately notify the City Clerk of the change and shall pay a fee of $100. September 1989 384 Sec. 3. Penalty Clause. Violation of this ordinance shall be a misdemeanor. Sec. 4. Effective Date. This ordinance shall become effective 15 days after its publication. Adopted by the City Council September 5, 1989. 1st: OW'AY/Clic< h kiL,14/ Mayo Reviewed for administration: Appr _ as to form and execution: City Manager Cit torney 0/4 Minnesota Suburban Newspapers City of St. Louis,Park • • (Official Publication) AFFIDAVIT OF PUBLICATION SUMMARY '- .. = • OR HNANCE-NO 1&01-89 » v AN ORDINANCE AMENDING THE ST LOUIS PARK MUNICIPAL CODE- RELATED TO INTOXICATING LIQUOR • ' AND SECITONS'13-3 ONTHROUGH 1D 3-328, STATE OF MINNESOTA) AND SECTION 13-334 AMENDED , SECITON Summary This ordinance contains amend - SS ments which simplify the language and delete ob- solete provisions It also repeals the license bond COUNTY OF HENNEPIN) requirement, permits Sunday -sale until 1 a m Monday, permits off -sales on January 1 and July 4, requires a hearing prior to any cense fee in - G r e g o r y P t a c 1 n , beingdulysworn on an oath says that he/sh crease and allows pool/billiard tab1 on -sale onale VS establishments In, addition,, it'.a ds provisions adopted m the past by the State Leature which had not been included In the City -Code. the publisher or authorized agent and employee of the publisher of the newspaper known ]5 day following its pubbe i o shall take effect • Adopted by the City Council September 5, 1989 S t . Louis Park Sailor- /s/ LYLE W HANKS and has full knowledge of the facts which (The full text of this ordmance may be obtained Mayor from the City Clerk ) (Sept 13, 1989) -SLP 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. 1801-89 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks, it was first published on Wednesday , the 13 day of SePt , 19 89 , and was thereafter printed and published on every and including to , 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 abcdefghijklmnopqrstuvw BY TITLE Gene ra I Manager Acknowledged before me on this 9 day of 1 -1 !'rel j�tober 19 89 Not MERIDEL M HEDBLOM NOTARY PUBLIC—MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 7-2-92 -J RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 100 per line (Line, word, or inch rate) 540 per line (Line, word, or inch rate) 497c per line (Line, word, or inch rate)