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HomeMy WebLinkAbout96-2072 - ADMIN Ordinance - City Council - 1996/08/19r ORDINANCE NO. 96-2072 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE - PART 3 LIQUOR THE ST LOUIS PARK CITY COUNCIL DOES ORDAIN. Section 1 The following Sections of the St. Louis Park Municipal Code are hereby amended as follows: Non -intoxicating Liquor Section 13-301. Definitions. 3 2 percent malt liquor within the meaning of this ordinance shall be held to be any malt liquor or beverage which contains not less than one-half of one per centum and not more than three and two-tenths per centum of alcohol by weight. A club shall mean an established club incorporated under the laws of the State of Minnesota that for one year prior to the granting of a license shall have maintained and operated a cafe, dining room or place for serving meals for its membership, and is an organization for social or business purposes and for intellectual improvement, or for the promotion of sports where the serving of 3 2 percent malt liquors is incidental to and not the major purpose of the club. Section 13-302. License Required. No person shall engage in the business of selling 3.2 percent malt liquor or shall vend, deal in, or dispose of, by gift, sale or otherwise, any 3.2 percent malt liquor without first having obtained a license to do so from the City Council. Section 13-303 Classification Licenses Licenses under this ordinance shall be three kinds: (1) "On sale" licenses, which shall permit the licensee to sell such 3.2 percent malt liquor or consumption on the premises of the licensee described in such license. (2) An "off -sale" license shall permit the licensee to sell such 3 2 percent malt liquor in original packages not to be consumed upon the premises described in such license. (3) A "temporary on sale" license which may be issued to clubs, charitable, religious or nonprofit organizations only and which shall permit the licensee to sell 3 2 malt liquor for consumption on a specific premise for a specific time period described in the license subject to any special terms and conditions that the City Council may prescribe. Section 13-304 License Fee. The annual license fee for "on -sale" 3.2 percent malt liquor licenses shall be seven hundred fifty dollars ($750) and for "off -sale" 3 2 percent malt liquor licenses shall be $50 provided, however, that the City Council may issue special "on -sale" licenses directly to established and bona fide veterans organizations, clubs and fraternal and charitable societies not engaged in the regular commercial sale to the public of 3 2 percent malt liquor beverages and not organized for profit, and no part of the profits of the operations of which inure to the benefit of any individual members, for an annual license fee of twenty-five dollars ($25). Section 13-305 Application. "Temporary On Sale" Licenses. The application for a "temporary on sale" license shall be made at least 30 days prior to the desired date of issuance and shall state the name and address of the organization; the purpose for which the organization is organized, the purpose for which the "temporary on sale" license is desired, the address of the place where the 3 2 percent malt liquor is to be sold, the dates and hours at which 3 2 malt liquor is to be sold and the names, addresses and telephone numbers of at least two officers of the organization and two members of the organization whom the organization has authorized to manage the sale of 3.2 percent malt liquor should a license be granted Section 13-307 Restrictions on Issuance of Licenses (2) Licensee Must Own Premises No "on sale" license shall be issued to an applicant unless he/she be the actual owner or proprietor of the place where he/she intends to sell 3 2 percent malt liquor (4) "On sale" licenses shall be granted only to drug stores, restaurants, hotels and bona fide clubs and establishments for the sale of 3 2 percent malt beverages, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail, provided that no manufacturer or wholesaler of such 3.2 percent malt beverages shall have any ownership, in whole or in part, in the business of any licensee holding an "on sale" license A bona fide club is an organization for social or business purposes or for intellectual improvement, or for the promotion of sports, where the serving of such 3 2 percent malt liquor is incidental and not the major purpose of the club. (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 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 cleanup if public property is the premises upon which sales will be conducted; that no such license shall be issued for the sale of 3.2 percent 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. Section 13-308 Conditions of License and Regulations (3) Hours of Sale. No licensee for the sale of 3.2 percent 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. 1 r Intoxicating Liquor Section 13-320 (15) "Wine license" means the on -sale of wine up to 14 percent alcohol by volume for consumption with the sale of food at a restaurant having facilities for at least 30 guests at one time. A holder of an on -sale wine license who is also licensed to sell 3.2 percent malt liquor 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. Serving Set-ups Section 13-332 Liquor Not to be Consumed in Nonlicensed Public Places. No person shall consume or display intoxicating or 3 2 percent malt liquor in any place where the public is permitted to frequent, whether such place be publicly or privately owned or operated, provided however, this section shall not prohibit such display or consumption at premises duly licensed therefor, nor prohibit activity as permitted in Section 13-333. Section 2. Effective Date. This ordinance shall take effect 20 days after its adoption. Adopted by the City Council August 19, 1996 Attest: Reviewed for Administration: Approved as ty orm and ex - City A STATE OF MINNESOTA) SS. CrrA MINNESOTA -WM PUBLICATION &irWrart &rrPba &nSYor AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Denis L. M i n d a k , 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 -Sailor , 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 Statue 331A.02, 331A 07, and other applicable laws, as amended. (B) The printed Ordinance No. 96-2072 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 0 n e successive weeks, it was first published a, on Wednesday . the 25 day of Sr a t e m b e r , 19 96 , and was thereafter p4101 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 abcdefghiklmnopgrstuvwxyz Acknowledged before me on this 25 BY: TITLE: Publisher day of Seat¢mber ,19 96 . Nota Public a"rasaa :47,V,.irt^,gr p,.. vx^-e.�.ite�bran.Q P __ M. I- 081.lM `y d litit m� r 2TAr)1 ;BL : - Ir+iNN_5OTA 4 ai_:\if!EPI;:C�t:Iv�Y `:1- D' C,,r-n.ss.on lEu Ira 31„CCO 4: xFexcc�e�za„ra.�::aAaiaaur-4aa�a�q RATE INFORMATION (1) Lowest classified rate patd by commercial users comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 2 15 per line $ 5.95 per line $ 1.09 per line City of St. Louis Park (Official Pubhcation) ORDINANCE NO. 96-2072 AN ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE CODE - PART 3 LIQUOR THE ST LOUIS PARK CITY COUNCIL DOES ORDAIN Section 1 The following Sections of the St Louis Park Municipal Code are hereby amended as follows Non -intoxicating Liquor Section 13-301 Definitions 3 2 percent malt liquor within the meaning of this ordinance shall be held to be any malt liquor or beverage which contains not less than one-half of one per centum and not more than three and two-tenths per centum of alcohol by weight A club shall mean an established club incorporated under the laws of the State of Minnesota that for one year pnor to the grant- ing of a license shall have maintained and operated a cafe' dining room or place for serving meals for its membership, and is an organization for social or business purposes and for intellectual improvement, or for the promotion of sports where the serving of 3 2 percent malt liquors is incidental to and not the major purpose of the club Section 13-302. License Reauireet No person shall en- gage in the business of selling 3 2 percent malt liquor or shall vend, deal in, or dispose of,,by gift, sale or otherwise, any 3 2 percent malt liquor without first having obtained a license to do so from the City Council Section 13-303 Classification Licenses Licenses under this ordinance shall be three kinds (1) "On sale” licenses, which shall permit the licensee to sell such 3 2 percent malt liquor or con- sumption on the premises of the licensee de- scribed in such license (2) An "off -sale” license shall permit the li- censee to sell such 3 2 percent malt liquor in ang- inal packages not to be consumed upon the premis- es descnbed in such license (3) A "temporary on sale" license which may be issued to dubs, charitable, religious or nonprofit organizations only and which shall permit the li- censee to sell 3 2 malt liquor for consumption on a specific premise for a specific time penod descnbed in the license subject to any special terns and con- ditions that the City Council may prescribe Section 1 - 04. .i enc Feo The annual Iicense fee for "on -sale" 3 2 percent malt liquor licenses shall be seven hundred fifty dollars ($750) and for "off -sale" 3 2 percent malt liquor licenses shall be $50 provided, however, that the City Council may issue special "on -sale" licenses di- rectly to established and bona fide veterans organizations, clubs and fraternal and chartable societies not engaged in the regular commercial sale to the public of 3 2 percent malt liquor beverages and not organized for profit, and no part of the profits of the operations of which inure to the benefit of any individual members, for an annual license fee of twenty-five dollars ($25) Section 13-305 Aonh a ion ' Femporary On Sale" Li- censes The application for a "temporary on sale" license shall be made at least 30 days pnor to the desired date of issuance and shall state the name and address of the or- ganization, the purpose for which the organization is or- ganized, the purpose for which the "temporary on sale" h - cense is desired, the address of the place where the 3 2 per- cent malt liquor is to be sold, the dates and hours at which 3 2 malt liquor is to be sold and the names, addresses and telephone numbers of at least two officers of the organiza- tion and two members of the organization whom the orga- nization has authorized to manage the sale of 3 2 percent malt liquor should a license be granted Section 13-307 Restrictions on Issuance of Licenses (2) Licensee Must Own Premises No "on sale" license shall be issued to an apphcant unless he/she be the actual owner or propnetor of the place where he/she intends to sell 3 2 percent malt liquor (4) "On sale" licenses shall be granted only to drugstores, restaurants, hotels and bona fide clubs and establishments for the sale of 3 2 percent malt beverages, cigars, cigarettes, all forms of tobacco, beverages and soft dnnks at retail, provided that no manufacturer or wholesaler of such 3 2 percent malt beverages shall have any ownership, in whole or in part, in the business of any licensee holding an "on sale" license A bona fide club is an organi- zation for social or business purposes or for intel- lectual improvement or for the promotion of sports, where the serving of such 3 2 percent malt liquor is incidental and not the major purpose of the club (9) A "temporary on sale" beer license shall be issued subject to the conditions that such hcense shall be issued for a penod not to exceed two (2) days, that no individual organization be granted such licenses for more than six (6) days per calen- dar year, that a bond or cash deposit in an amount of at !east $100 provided to insure proper cleanup if public property is the premises upon which sales will be conducted, that no such license shall be is- sued for the sale of 3 2 percent malt liquor within three hundred (300) feet of any church synagogue or other place of religious worship on my day upon which regularly scheduled services are being con- ducted, provided, however, that this synagogue or other place of religious worship consents in wnting 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 Section 13-308 Conditions of License and Reeulations (3) Hours of Sale No hcensee for the sale of 3 2 percent malt lic uorshall sell an'such malt hcuor,nor� shall any such hcensee serve or-permit woe served or consumed on the premises named in the bcense any such malt hquor on Sunday between 1 a m and noon .or on any other day between l a m and 8 a m Intoxicative Liuuor Section 13-320 (15) "Wine license" means the on-sale of wine up to 14 percent alcohol by volume for consumption with the sale of food at a restaurant having facilities for at least 30 guests at one time A holder of an on-sale wine license who is also bcensed to sell 3 2 percent malt liquor 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 hcense Servma Set-ups Section 13-332. ed in Nonli- cep Publ cPlaces Liquor o person shall consume or display intowcating or 3 2 percent malt liquor in any place where the public is permitted to frequent, whether such place be pubhcly or privately owned or operated, provided howev- er, this section shall not prohibit such display or con- sumption at premises duly licensed therefor, nor prohibit activity as permitted in Section 13-333 Section 2. Effective Date This ordinance shall take ef- fect 20 days after its adoption' Adopted by the City Council August 19, 1996 /a/Gail A. Dorfman Mayor Gail Dorfman Attest /s/Cynthia D r amen City Clerk Reviewed for Administration /s/Charles W. Meyer City Manager Approved as to form and execution /aI Garo Fucha City Attorney (September 25, 1996) a3 96-2072 'i