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Home My WebLink About94-2010 - ADMIN Ordinance - City Council - 1994/12/05ORDINANCE NO 94-2010 AN ORDINANCE AMENDING THE ST LOUIS PARK MUNICIPAL CODE RELATED TO LIQUOR LICENSING, SECTIONS 13-327 (DEC. 24), 13- 333 101 (TEMP INTOX ), SECTIONS 13-329 AND 13-115 (REVOCATION/SUSPENSION/CIVIL, PENALTY) The City of St Louis Park Does Ordain Section 1 The St Louis Park Municipal Code is hereby amended to read INTOXICATING LIQUOR ORDINANCE Section 13-327 Hours of Operation 1) On -sale - No on -sale of intoxicating liquor may be made a) between 1 a m and 8 a m 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, otherwide between 1 a m. and noon on Sunday (MS340A.504(2)) Section 13-333 101 Temporary On -Sale Licenses Temporary on -sale intoxicating liquor licenses may be issued to a club, charitable, religious, or other nonprofit organization, in existence for at least three years, or to a state -registered political committee, in connection with a social event within the city and sponsored by the licensee The City shall not issue more than three temporary licenses to any one organization or location during a calendar year, and each such license is limited to not more than three consecutive days The license may authorize sales on premises other than that owned or permanently occupied by the licensee Licenses issued under this section are subject to all laws and ordinances governing the sale of intoxicating liquor, except that mandatory liability insurance provisions (MS 340A 409) do not apply, and those other laws and ordinances which by their nature are not applicable A license approved by the City Council shall not be valid until appy ed by the Commissioner of Public Safety The fee for each license is $50 per day (MS340A. 404(10)) -2 - Section 13-329 Revocation or Suspension, Civil Penalty A suspension or revocation is a contested case under the State Administrative Procedure Act (MS 14 57-14 69) and the provisions therefor are contained in Section 13-115 (General Licensing Provisions) of this Code (MS 340A.415, Civil) GENERAL LICENSING PROVISIONS Section 13-115 Suspension or Revocation of License (MS 14.57 -14.69); Civil Penalty Related to Liquor (MS 340A.415). (1) If the city manager determines that any person licensed by the City has violated any applicable law, ordinance, regulation, license or permit, the licensee shall be notified in writing of the violation Deposit in the U S Mail, addressed to the address stated on the license application, shall constitute service of the notice and service shall be effective as of the date of mailing If such person cannot be otherwise found, the notice may be posted n the premises listed (2) The notice shall afford the licensee 10 days in which to comment on the violation, and shall specify that after the expiration of the 10 days, the City may either suspend for up to 60 days or revoke the license (See Subsection 7 below related to liquor license penalty.) (3) The notice shall specify that the licensee may request a hearing prior to the taking of any action to suspend or revoke the license, either before the City Manager, or before the City Council if the license was issued by the Council In the event a hearing is requested by the licensee, the Manager or the Council shall set a time for such hearing not less than 10 days and not more than 20 days after the request, at which time the Manager or the Council shall hear all of the information upon which the alleged violation of law by the licensee has been determined (See Subsec. 7 below related to liquor licenses/civil penalty ) (4) Where a violation is a continuing condition, the Manager may, but need not necessarily, give the licensee a specified time to achieve compliance Upon expiration of that time, unless the licensee shall have requested a hearing in writing, the Manager, if the issuing authority, may suspend for up to 60 days or revoke the license In the event the City Council is the issuing authority, the Manager shall report the comments of the licensee to the Council and the Council may thereafter suspend for up to 60 days or revoke the license (See Subsec 7 below related to liquor licenses/civil penalty. ) -3 Di/ 94-20o (5) Upon expiration of the 10 days and after hearing, if requested, the Manager or the Council may suspend for up to 60 days or revoke the license If the suspension or revocation is by the Manager, written notice shall be given that the licensee may appeal to the Council in writing filed with the City Clerk, in person, within 10 days after the mailing of the notice Deposit in the U S. Mail addressed to the address stated on the license application shall constitute service of the notice and shall be effective as of the date of mailing The Council shall promptly hear the licensee and review the determination of the Manager and make its final order sustaining or modifying said determination. On completion of the hearing, the Manager or Council, as may be, may suspend for up to 60 days or revoke the license (See Subsec 7 below related to liquor licenses/civil penalty ) (6) In the case of a continuing condition or violation, the time periods provided in this section may be reduced by the Manager or the Council where necessary to protect public safety, health or welfare. (7) LIQUOR LICENSE REVOCATION OR SUSPENSION, CIVIL PENALTY On a finding that the license holder has failed to comply with an applicable statute, rule or ordinance related to alcoholic beverages, the Council may revoke the license, suspend the license for up to 60 days, impose a civil penalty of up to $2000 for each violation, or impose any combination of these sanctions No suspension , revocation or civil penalty takes effect until the licensee has been given an opportunity for a hearing under Sections 14 57 to 14 69 of the State Administrative Procedure Act (relevant parts of Subsections 1 - 6 above) This section does not require the City to conduct the hearing before an employee of the Office of Administrative Hearings Imposition of a penalty or suspension by either the City or the State Commissioner does not preclude imposition of an additional penalty or suspension by the other so long as the total penalty or suspension does not exceed the stated maximum ((MS 340A 415) Section 2 This ordinance shall take effect 15 days after its publication Adopted by the City Council December 5, 1994 Attest - City Cle Revie , - d for administration Manager Ma tv ga,i1A- Approved as to form and execution dem /4,..4,,,6,..2,_c__ City Attorney )e RitliA.,AX:d /r -224v. • STATE OF MINNESOTA) MILANE N surGl,r.u�& o t�sn.Senor AFFIDAVIT OF PUBLICATION SS COUNTY OF HENNEPIN) Donald W. T h u r l o w , 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 Sun -Sailors 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 pnnted Ordinance No. 2010-94 ,and has full knowledge of the facts which which is attached was cut from the columns of said newspaper, and was pnnted and published once each week, for one successive weeks; it was first published • Wednesday the 7 day of Dec , 19 94 and was thereafter printed and published on every to and Including , the day of , 19 and pnnted 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. Acknowledged before me on this 7 • Nota rd Public ^-~•° IVIERIPEL .vi HEDE3LCJIv1 ! 2144; NOTARY PUBLIC MINNESOTA 4, ,.4uHENNEPIN COUNTY My Commission Exp res Jury 6 1999 abcdafgh{Iklmnopgrst BY TIT day of December Publisher 994 RATE INFORMATION 0(' st classified rate paid by commercial users . comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 1 70 per line $ 1 70 per line $ 96e per line ! City of St. Louis Park (Official Publication) SUMMARY: ORDINANCE NO. 2010-94 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE RELATED TO LIQUOR LICENSING, SECTIONS 13-327,13333.101,13329 AND 13-115 Summary. The ordinance amendments provide the fol- lowing Liquor may again be served in on -sale estabhah- ments following 8 p m, December 24, state -registered political committees are ehgible entities for temporary on - sale intoxicating hquor licenses, the suspension/revocation sanction is expanded to include the imposition of civil penalties Effective nate. This ordinance will take effect 15 days after its pubhcation Adopted by the City Council December 5, 1994 /s/ LYLE W HANKS, Mayor (The full text of this ordinance is available with the City Clerk ) =sdra'{DAc7 1994YSLR ae�.aa. _c