Loading...
HomeMy WebLinkAbout2184-00 - ADMIN Ordinance - City Council - 2000/11/20ORDINANCE NO. 2184-00 AN ORDINANCE AMENDING CHAPTER 13, PART 3 OF THE ST. LOUIS PARK ORDINANCE CODE CONCERNING THE SALE, CONSUMPTION AND DISPLAY OF ALCOHOLIC BEVERAGES THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 13, Part 3 of the St. Louis Park Ordinance Code is amended in its entirety to read as follows: PART 3 - Sale, Consumption and Display of Alcoholic Beverages State Law Adopted/Definitions Section 13-301. Provisions of State Law Adopted. Except to the extent the provisions of this Part are more restrictive, the provisions of Minnesota Statutes, Chapter 340A, as amended, regarding the terms, licensing, consumption, sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are adopted and made a part of this Chapter as if set out in full. Section 13-302. Definitions. For the purposes of this Part, and in addition to those definitions contained in Minnesota Statutes, Chapter 340A, as amended, the terms used in this Subsection are defined as follows: 1) Bona Fide Club: The term "bona fide club" means an organization for social or business purposes or for intellectual improvement, or for the promotion of sports, where the serving of alcohol is incidental and not the major purpose of the club. 2) Display: The term "Display" means the keeping, stonng, or permitting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken on, in, or at any table, booth, bar or other area of a licensed premises accessible to the general public, except when the alcoholic beverage is stored in a normal storage area dunng non -sale hours. 3) Drugstore: The term "drugstore" means 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. 4) Interest: The term "interest" as used in this Part includes any pecuniary interest in the ownership, operation, management or profits of a 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 secunty ansing out of the ordinary and regular course of business or selling or leasing merchandise, fixtures or supplies to such establishment; or any interest of 5 percent or less in any corporation holding a City liquor license. A person who receives monies, from time to time, directly or indirectly from a licensee in the absence of a bona fide consideration therefor 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 the payment of the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade any prohibitions under this Chapter shall be considered. Ordinance No. 2184-00 -2- 5) Licensed Premises: The term "Licensed Premises" is 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. 6) Properly Designated Officer: The term "Properly Designated Officer" means and includes (i) the St. Louis Park City Fire Inspector; (ii) the St. Louis Park City Building Official; and (iii) the Health Inspectors employed by Hennepin County or the State of Minnesota acting in the course of the scope of their employment. 7) Sale and sell: The terms "sale" and "sell" mean and include all barters and all manners or means of funushing alcoholic beverages. 8) Store Manager: The term "Store Manager" as used in this Chapter means a person designated by the license holder who works full-time at the licensed premises and is in charge of day-to-day liquor sales. 9) Restaurant: The term "restaurant" means 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. 10) Underage Person: The term "Underage Person" means a person who is under the legal drinking age as provided by Minnesota Statutes Chapter 340A. Retail Licenses 13-303. License Required. No person, except as otherwise provided in this Chapter or in Minnesota Statutes Chapter 340A shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2 percent malt liquor, or wine as part of a commercial transaction without first having received a license to do so as provided in this Chapter; nor shall any pnvate club or public place, directly or indirectly, or upon any pretense or by any device, allow the consumption or display of intoxicating liquor or serve any liquid for the purpose of mixing with intoxicating liquor without first obtaining a license from the City as provided in this Chapter. 13-304. Types of Licenses. The following types of licenses are issued under this Chapter: 1) On -Sale Intoxicating Liquor License. On -sale intoxicating liquor licenses shall be granted only to hotels, clubs, and restaurants. A 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. 2) Off -Sale Intoxicating Liquor License. Off -sale intoxicating liquor licenses may be issued to drugstores and an exclusive liquor store and shall permit off -sale of intoxicating liquor and 3.2 percent malt liquor. 3) Wine Licenses. Wine licenses may be issued, with the approval of the Commissioner, only to restaurants having facilities for seating at least 30 people at one time for the sale of wine not exceeding 14 percent alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. The holder of a wine license who is also licensed to sell 3.2 percent malt liquor on -sale and whose gross receipts are at least sixty percent Ordinance No. 2184-00 -3- (60%) attnbutable to the sale of food, may also sell intoxicating malt liquors at on -sale without an additional license. A rabbi, pnest, or minister of a church or other established religious organization may import wine exclusively for sacramental purposes without a license. No license shall be required for the resale of wine by a rabbi, pnest, minister or pastor of a duly organized religious organization to worshippers solely for practicing religious ntes in their homes. 4) On -Sale 3.2 Percent Malt Liquor License. On -sale 3.2 percent malt liquor license may be issued to bona fide clubs, restaurants, and hotels for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks at retail, provided that no manufacturer or wholesaler of such 3.2 percent malt beverage shall have any ownership, in whole or in part, in the business of any licensee holding an "on sale" license. "On sale" licenses shall permit the licensee to sell such 3.2 percent malt liquor for consumption on the premises of the licensee described in such license. 5) Off -Sale 3.2 Percent Malt Liquor License. Off -sale 3.2 percent malt liquor license may be issued to general food stores and drug stores and permit the sale of 3.2 percent malt liquor at retail in the onginal package for consumption off the premises only. 6) On -Sale Sunday Liquor License. On -sale Sunday liquor licenses may be issued only to a restaurant, club or hotel with facilities for serving not less than thirty (30) guests at one time, to which an on -sale intoxicating license has been issued. Such license shall permit the sale of liquor to be consumed on the premises between the hours of noon Sunday and 1:00 a m on Monday in conjunction with the serving of food. Such license may permit the sale of liquor to be consumed on the premises between the hours of 10:00 a.m. Sunday and 1:00 a.m. on Monday in conjunction with the serving of food provided that the licensee is in conformance with the Minnesota Clean Air Act and provided a public hearing is held pnor to the issuance of the license. No Sunday license is needed for on -sale wine licenses. 7) Temporary On -Sale 3.2 Malt Liquor Licenses. Temporary on -sale 3.2 percent malt liquor licenses may be issued to a club or charitable, religious, or nonprofit organizations in existence for three years. The license may authorize the on -sale of 3.2 percent malt liquor for consumption on a specific premise for not more than two (2) consecutive days and no individual organization may be granted such licenses for more than six (6) days per calendar year. Licenses issued under this section are subject to all laws and ordinances governing the sale of intoxicating liquor, except that mandatory liability provisions and Minn. Stat. §340A.409 and 340A.504 subd. 3(d) do not apply,. 8) Temporary On -Sale Intoxicating Liquor Licenses. Temporary on -sale intoxicating liquor license may be issued to a club, chantable, 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 with 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 four consecutive days. The license may authonze sales on premises other than that owned or permanently occupied by the licensee. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full -year on -sale intoxicating liquor license issued by any municipality. The licenses are subject to the terms, including a license fee, imposed by the issuing municipality. Licenses issued under this section are subject to all laws and ordinances governing the sale of intoxicating liquor, except that mandatory liability Ordinance No. 2184-00 -4- provisions and Minn. Stat. §340A.409 and 340A.504 subd. 3(d) 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 approved by the Commissioner of Public Safety. No more than three(3) four-day, four (4) three-day, or six (6) two-day temporary licenses, in any combination not to exceed twelve (12) days per year, may be issued for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12 -month period. Not more than one temporary license may be issued to any one organization or registered political committee, or for any one location, within any 30 -day period. 9) Club Licenses. Club licenses may be issued to clubs as provided in Minn. Stat. § 340A.404, subd. 1. No license shall be issued or renewed to a club which discnminates against members or applicants for membership or guests of members on the basis of race. 10) Consumption and Display Permits. Consumption and display permits may be issued to a bottle club which complies with the requirements of Minn. Stat. § 340A.414 and which has obtained a permit from the Commissioner of Public Safety. Consumption and display permits shall not be issued in the City, except to establishments that had been issued such a license on or prior to the effective date of this ordinance. 11) One -day Consumption and Display Permits. A nonprofit organization in conjunction with a social activity held within the City and sponsored by that organization may apply for a one - day temporary license for consumption and display purposes. There shall be no sale of intoxicating liquor under this license, nor shall there be a fee charged at a permitted social activity where said fee includes the cost of intoxicating liquor. The applicant shall complete both State and City forms, and the City shall not issue more than ten one -day consumption and display permits per calendar year. 13-305. License Period. Each renewal license shall be issued for a maximum period of one year. Temporary licenses shall expire according to their terms. Except as otherwise provided herein, liquor licenses expire on the last day of February each year. Consumption and display permits expire on March 31 of each year. 13-306. Retail License Fees. 1) Annual Fees. The annual fees for all licenses and temporary shall be as set by City Council resolution in amounts no greater than those amounts provided under Minn. Stat. ch. 340A. 2) Prorated Fees. If a license application is made during the license year, the license shall be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. 3) Payment. All fees required to be paid in connection with such licenses shall be paid at the time of the filing of the application. License and permit fees shall be paid into the general fund. 4) Investigation Fees. Investigation fees shall be determined by City Council resolution. Investigation fees are non-refundable. No investigation fee shall be charged for a renewal application. At any time that an additional investigation is required because of a change in the control of a corporate license, change in manager, change in location, or enlargement of the premises, the licensee shall pay an additional investigation fee. Where a new application Ordinance No. 2184-00 -5- is filed as a result of incorporation or a change of name by an existing licensee and the ownership control and interest in the license are unchanged, no additional investigation fee will be required. 13-307. License Fee Refunds. License fees shall be refunded if an application for a license is denied by the City Council, except where rejection is for a willful misstatement in the license application. No part of the fee paid for any issued license shall be refunded except as authorized under Minnesota Statutes Section 340A.408, subd. 5, upon application to the City Clerk within 20 days of the occurrence of any event provided under Minnesota Statutes Section 340A.408, subdivision 5. 13-308. Liability Insurance. Except as stated otherwise herein, all applicants for any liquor license or consumption and display permit must, as a condition to the issuance of the license, demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes Section 340A.801 to the City, by providing proof of liquor liability/dram shop, general liability, and workers compensation insurance coverage. 1) Liability. Proof of financial responsibility shall be given by filing one of the following: a) A certificate that there is in effect for the license penod an insurance policy issued by an insurer required to be licensed under section 60A.07, subdivision 4, or by an insurer recognized as an eligible surplus lines carrier pursuant to section 60A.206 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 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 mean of support of two or more persons in any one occurrence; b) A certificate of the state treasurer that the licensee has deposited with the state treasurer $100,000 in cash or secunties which may legally be purchased by savings banks or for trust funds having a market value of $100,000. 2) Dramshop. An annual aggregate insurance policy for dram shop insurance of not less than $300,000 per policy year to cover each person, each occurrence, property damage each occurrence, loss of means of support per person, loss of means of support each occurrence, and policy aggregate. 3) Workers' Compensation Insurance. The policy limits for workers' compensation insurance shall be as provided for by state law. 4) Additional Requirements. For purposes of Paragraphs A and B under this Section, the City shall be named as additional insured on the liability insurance policy. The liability insurance required by this section must provide that it may not be canceled: (1) for 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 wnting to the City of intent to cancel the policy; and (2) for nonpayment of premium unless the canceling party has first given ten days' notice in wnting to the City of intent to cancel the policy. The insurance limits outlined in this section shall be effective for license renewals and immediately on any new applications. Ordinance No. 2184-00 -6- 13-309. License Application. A license applicant shall complete the application form provided by the City Clerk. The City Clerk may waive completion of any part of the form that is inappropriate or unnecessary. 13-310. Execution of Application. If the application is by an individual, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license, and insurance policy shall be made and issued in the name of all partners. It shall be unlawful to make any false statement in an application. 13-311. Renewal Application. 1) Applications for the renewal of an existing license shall be made at least forty-five (45) days prior to the date of the expiration of the license, and shall state that everything in the pnor applications remains true and correct except as otherwise indicated. 2) Renewal applications for an on -sale license for a restaurant shall include a Certified Public Accountant statement showing total sales, food sales, liquor sales, and percentage of total sales for the previous year. 13-312. Investigations. 1) At the time of making an initial application, renewal application, or request for approval for a new manager, the applicant shall, in writing, authonze the St. Louis Park Police Department to investigate all facts set out in the application and do a personal background and felony criminal record check on the applicant and Store Manager. The applicant shall further authorize the St. Louis Park Police Department to release information received from such investigation to the City Council. 2) Should the City Council deny the applicant's request for a license due, partially or solely, to the applicant's prior conviction of a crime, the City Council shall notify the applicant of the grounds and reasons for the denial; the applicable complaint and gnevance procedure as set forth in Minnesota Statutes, section 364.06; the earliest date the applicant may reapply for a license; and that all competent evidence of rehabilitation will be considered upon reapplication. 13-313. Hearinfl Required for New Licenses. A public hearing for the issuance of a license for a new premises, or for a different licensee at the same premises, shall be preceded by one (1) weeks published notice. A public heanng is not required for temporary license applications. 13-314. Information Considered for License Approval. The City Council shall consider the following in addition to conformity with state statutes and city ordinances in determining whether a new or renewal license shall be granted: 1) The investigative and staff report submitted by the Police Department and City Clerk; 2) Information received through the public hearing process; 3) Whether the applicant has or will take affirmative action to minimize public safety problems commonly associated with on -sale liquor establishments, including but not limited to DWI dnvers, illegal sale to minors, disturbing the peace, etc.; Ordinance No. 2184-00 -7- 4) The application and any other relevant information. 13-315. Granting or Transfer of License. 1) Applicant and Premises. A license shall be issued to the applicant only, and no license shall be transferred except as provided in this Chapter. Each license shall be issued only for the exact rooms and square footage described in the application. A license is valid only in the compact and contiguous building or structure situated on the premises descnbed in the license, and all transactions relating to a sale under such hcense must take place within such building or structure. Except as otherwise provided in this Chapter, no license may be transferred to another person or another premises without the approval of the City Council. 2) Building Under Construction. When a license is granted for a premises where the building is under construction or otherwise not ready for occupancy, the City Clerk shall not issue the license until notified by the Building Official that the building is ready for occupancy. 3) Zoning Requirements Met. No license shall be granted until all applicable zoning requirements are met or until all conditions for approval of the use have been satisfied. 4) Death of Licensee. In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a penod not to exceed 90 days after the death of the licensee. 13-316. Corporations, Partnerships, or Associations. 1) All corporations, partnerships, and associations must designate a Store Manager. The Store Manager must be a person working full-time at the licensed premises who is in charge of day- to-day liquor sales. 2) Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation, as defined in this Chapter, unless such change is approved by the Council. The requirement concerning change in officers does not apply to corporations whose stock is traded on the New York or Amencan Stock Exchanges. 3) Licenses issued to associations or partnerships shall be valid only so long as there is no change in the partnership or association, unless such change is approved by the Council. 4) Corporations holding licenses shall submit written notice to the City Clerk of any change in Store Managers prior to the effective date of such change. The written notice shall designate the new Store Manager. The new Store Manager shall be subject to the investigation required by this Chapter. 5) Corporations, partnerships, or associations holding licenses shall submit wntten notice to the City Clerk of any changes described herein on or before 30 days prior to the effective date of any such change. Notwithstanding the definition of "interest" as defined in this Chapter, in the case of a corporation, the licensee shall notify the City clerk when a person not listed in the application acquires an interest that, when combined with that of a spouse, parent, brother, sister, or child, exceeds 5 percent and shall give all information about said person as is required of a person pursuant to the provisions of this Chapter. Ordinance No. 2184-00 -8- 6) The designation of a new Store Manager shall not cause the corporation's license to become invalid before a decision is rendered by the City Manager or City Manager's designee, provided proper notice and application are made by the applicant. A proposed new Store Manager shall be referred to as the interim Store Manager. In the event an interim Store Manager is rejected by the City Manager or City Manager's designee, the corporation shall designate another interim Store Manager and make the required application within 15 days of the decision by the City Manager or City Manager's designee. In any event, a corporation shall be limited to 2 successive interim Store Managers. 13-317. Ineligible for License. 1) State Law. No license shall be issued to or held by any person a) Made ineligible by State law; b) Who is a person under 21 years of age; c) Who is not a citizen of the United States or a resident alien; d) Who has had a liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, or to a corporation, partnership, association, enterpnse, business, or firm in which any such person is in any manner interested; e) Who is not of good moral character and repute; f) Who has a direct or indirect interest in a manufacturer, brewer, or wholesaler; or g) Who, within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcohol beverage and who cannot show competent evidence under Minnesota Statutes Section 364.03 of sufficient rehabilitation and present fitness to perform the duties of a licensee. 2) Store Manager Required. No licenses shall be granted to a corporation that does not have a Store Manager. 3) Real Party in Interest. No license shall be granted to a person who is the spouse of a person ineligible for a license under this Chapter or who, in the judgment of the council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. 4) Residency Requirements. A license will not be renewed if, in the case of an individual, the licensee is not a resident of the State at the time of the date for renewal; if, in the case of a partnership, the managing partner is not a resident of the State at the time of the renewal; or in the case of a corporation, if the Store Manager is not a resident of the State at the time of the date of renewal. The time for establishing residency within the State may, for good cause, be extended by the Council. 5) Delinquent Taxes or Charges. No license shall be granted for operation on any premises on which state, city or county taxes, assessments, or other financial claims of the state, city, or county are delinquent and unpaid. 6) Ownership of Licensed Premises. No license shall be issued to an applicant unless the applicant is the actual owner or proprietor of the proposed licensed premises. Ordinance No. 2184-00 -9- 7) Restaurants. No on -sale intoxicating liquor hcense shall be issued unless at least 50% of the gross receipts of the estabhshment will be attnbutable to the sale of food. This requirement shall be regulated as follows: a) Each on -sale intoxicating licensee shall have the continuing obligation to have at least 50% of gross receipts from the estabhshment dunng the preceding business year attributable to the sale of food. b) In the case of a new restaurant, the applicant must make a bona fide estimation that at least 50% of the gross receipts from the sale of food and beverages of the establishment during its first year of business will be attributable to the sale of food. c) For the purpose of this section, "establishment" shall include the food and beverage portion of a multi -service establishment. Financial records for the food and beverage portion must be maintained separately from the records of the remainder of the establishment. d) For the purpose of this section, "sale of food" shall include gross receipts attnbutable to the sale of food items, soft-dnnks and nonalcohohc beverages. It shall not include any portion of gross receipts attributable to the nonalcoholic components of plain or mixed alcoholic beverages, such as ice, soft-dnnk mixes or other mixes. e) The City may require the production of such documents or information, including but not limited to books, records, audited financial statements or pro forma financial statements as it deems necessary or convenient to enforce these provisions. The City may also obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records. f) In addition to other remedies that it may have available, the City may place the license of any on -sale intoxicating hquor licensee on probationary status for up to one year, when the sale of food is reported, or found to be, less than fifty percent (50%) of gross receipts for any business year. During the probationary period, the licensee shall prepare any plans and reports, participate in any required meetings, and take other action that the City may require to increase the sale of food. 13-318. Conditions of Approval. At the time a license is issued pursuant to this Chapter or a consumption and display permit is approved, the City Council may attach special conditions to the approval based upon the nature of the business, the location of the business, and venfied complaints, if any, to protect the health, safety, welfare, and quietude of the community and ensure harmony with the location where the business is located. Violation of any of the conditions shall be grounds for revocation of the license. 13-319. Restrictions on Issuance of Licenses. The City Council may, by resolution, restnct the number of any type of license issued within designated areas or zoning districts within the City. Ordinance No. 2184-00 -10- 13-320. Nudity on Licensed Premises. No liquor licensee shall: (1) Employ or use any person in the sale or service of alcoholic beverages or as employees for the purpose of staging any nature of "lingerie show" in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, or gemtals; (2) Employ or use the services of any hostess while such hostess is unclothed or in such attire, costume or clothing as described in subsection (1) above; (3) Encourage or permit any person on the licensed premises to touch, caress, or fondle the breast, buttocks, anus or genitals of any other person; (4) Permit any employee or person to wear or use any device or covering exposed to view, which simulates the breast, genitals, anus, pubic hair or nay portion thereof; (5) Permit any person to perform acts (or acts which simulate): a) With or upon another person, sexual intercourse, sodomy, oral copulation, flagellation or any sexual acts which are prohibited by law; b) Masturbation or bestiality; c) With or upon another person the touching, caressing or fondling of the buttocks, anus, genitals or female breast; d) The displaying of the pubic hair, anus, genitals or female breasts below the top of the areola; (6) Permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above; (7) Permit any person to remain in or upon the premises who exposes to public view any portion of his or her genitals or anus; (8) Permit the showing of film, still pictures, electronic reproduction or other visual reproductions depicting any acts not permitted on the premises under subsections 1-7 of this Section. (9) Permit any type of "lingerie show" or similar exhibition in any portion of a licensed establishment other than on a raised stage a suitable distance apart from the area generally reserved for the seating of patrons. 13-321. Compliance Checks. (1) Compliance Checks. From time to time, the City shall conduct compliance checks. Such compliance checks may involve, but are not limited to, engaging underage persons to enter the licensed premises to attempt to purchase alcohol and alcohol related products. Ordinance No. 2184-00 -11- (2) Underage Persons. If underage persons are used for compliance checks they shall not be guilty of unlawful possession of alcohol when such items are obtained as a part of a comphance check. No underage person used in compliance checks shall attempt to use a false identification misrepresenting the person's age, and all underage persons lawfully engaged in a comphance check shall answer all questions about the person's age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked. 13-322. Revocation or Suspension of License and/or Civil Fine. The City Council may suspend for up to sixty (60) days or revoke any liquor license or permit or impose a civil fine of RR to $2,000 for each violation, or impose any combination of these sanctions, as provided in Minnesota Statutes, section 340A.415, for violation of any provision or condition of this Chapter or any other City ordinance or State law relating to alcoholic beverages. 13-323. Notice and Hearing. Revocation or suspension of a license by the City Council shall be preceded by public hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The City Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least 20 days prior to the hearing, include notice of the time and place of heanng, and state the nature of the charges against the licensee and specify the penalty that the City may impose for the violation. 13-324. Administrative Penalty. Pnor to expiration of the 20 day notice period, the licensee may stipulate to both the violation identified in the notice and an administrative penalty (revocation, suspension of up to 60 days, and/or up to $2,000 civil fine) set by the City Manager, in lieu of a hearing before the City Council. The stipulation must be approved by the City Council. If approved by the City Council, the administrative penalty proposed by the stipulation must be completed within 30 days. If the City Council does not approve the stipulation, the City Council may impose penalties provided under Section 13-324, following a heanng provided under Section 13-325. 13-325. Violations. The following actions by an applicant or licensee shall constitute violations of this Section: (1) Providing false or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the City Council. (2) Violation of any special conditions under which the license was granted, including, but not limited to, the timely payment of real estate taxes, and all other charges. (3) Violation of any Federal, State, or local law regulating the sale of intoxicating liquor, 3.2 percent malt liquor, or controlled substance. (4) Creation of a nuisance on the premises or in the surrounding area. (5) That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor. (6) That the licensee had knowledge of illegal acts upon or attnbutable to the licensed premises, but failed to report the same to the police. (7) Expiration or cancellation of any required insurance, or failure to notify the City within a reasonable time of changes in the term of the insurance or the carriers Ordinance No. 2184-00 -12- 13-326. Inactive License. The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor license of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within 6 months from its issuance, or any estabhshment that ceases operation for a period of 6 months. A hearing shall be held to determine what progress has been made toward opemng or reopening the establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license. Retail Sales Regulations 13-327. Right of Inspection. (1) Any City designated police, fire or health officer displaying proper identification shall have the unqualified right to enter, inspect, and search the premises of any licensee hereunder without a warrant, during business hours or when owners, managers, or other employees are located on the premises. (2) The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City at all reasonable times upon written request. 13-328. Responsibility of Licensee. (1) Orderly Conduct. Every hcensee shall be responsible for the conduct on the licensee's place of business including conduct and activity attributable to the business on property owned or controlled by the licensee. Every licensee shall also cooperate with the City in controlling activity attributable to the business in surrounding areas. (2) Act of Employee. The act of any employee in violation of this Chapter on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this Chapter and other laws equally with the employee. 13-329. Hours of Operation. (1) Hours and Days of Sale. Hours and days of sale shall be as allowed by state law. There shall be no consumption or display of intoxicating or 3.2 percent malt liquor dunng the hours that sale is prohibited by state law. (2) Non -employees on Premises. A liquor licensee shall not allow non -employees on the business premises from fifteen (15) minutes after the sale of intoxicating liquor is prohibited until the sale is again permitted except as hereinafter provided. On -sale intoxicating liquor licensees and on -sale 3.2 percent malt liquor licensees may permit non -employees on the premises during its normal hours of operation when the sale of intoxicating and 3.2 percent malt liquor is prohibited, provided, that there be no sale, consumption, or display of intoxicating or 3.2 percent malt liquor dunng the hours in which the sale or consumption of liquor is prohibited, and provided that the licensee has closed off all access to the bar area in a manner approved by the City. 13-330. Posting License. All liquor licensees shall have the license posted in a conspicuous place that is visible to the public in the licensed establishment at all times. • • • Ordinance No. 2184-00 -13- 13-331. Building Changes. Proposed enlargement or substantial alteration which changes the character of the establishment, or extension of premises previously licensed shall be reported to the City Clerk at or before the time application is made for a building permit for any such change. The enlargement, substantial alteration or extension shall not be allowed unless the Council approves an amendment to the license. 13-332. Restrictions Involving Underage Persons. (1) No licensee or licensee's agent or employee shall i) serve or dispense upon the licensed premises any intoxicating or 3 2 percent malt liquor to a person under the legal dnnking age, u) permit any person under the legal drinking age to be furnished or allowed to consume any such liquors on the licensed premises; or iii) permit any person under the legal dunking age to be delivered any such liquors. (2) No person under the legal drinking age shall enter a licensed premises for the purpose of purchasing or consuming any alcoholic beverage It is not unlawful for any person who has attained the age of 18 years to enter licensed premises for the following purposes: (a) to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; (b) to consume meals; and (c) to attend social functions that are held in a portion of the establishment where liquor is not sold. (3) No person under the legal dunking age shall possess any intoxicating or 3.2 percent malt liquor. Possession of an alcoholic beverage by a person under the legal dnnking age at a place other than the household of the parent or guardian is pnma facie evidence of intent to consume it at a place other than the household of the person's parent or guardian. (4) No underage person shall misrepresent the person's age for the purpose of obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter any premises licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purposes of purchasing or having served or delivered any alcoholic beverage. Nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for the underage person any intoxicating liquor or 3.2 percent malt liquor. (5) Identification Requirements. (a) Identification Required. Any person shall, upon demand of the licensee, his employee, or agent, produce and permit to be examined one of the following forms of identification provided under Minnesota Statutes Section 340A.503, subdivision 6. (b) Pnma Facie Evidence. In every prosecution for a violation of the provisions of this section relating to the sale or furnishing of intoxicating liquor or 3 2 percent malt beverages to underage persons and in every proceeding before the Council with respect thereto, the fact that the underage person involved has obtained and presented to the licensee, his employee or agent, a driver's license, passport or identification card from which it appears that said person was not an underage person and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional Ordinance No. 2184-00 -14- 13-333. Employment of Persons Under Eighteen Years of Age. No person under eighteen (18) years of age may serve or sell intoxicating liquor in a retail intoxicating liquor establishment. 13-334. Sales to Obviously Intoxicated Persons. No licensee, licensee's agent or employee shall sell, give, or furnish, alcoholic beverages to an obviously intoxicated person. 13-335. Prohibited Conditions. (1) Prostitution. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under the licensee's control to be used by prostitutes. (2) Controlled Substances. No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of state law. Gambling. Gambling and gambling devices are not permitted on licensed premises. State lottery tickets may be purchased and sold within licensed premises as authorized by the director of the state lottery. (3) 13-336. Ownership of Equipment. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller except such as shall be expressly permitted by state law. 13-337. Samples. Off -sale licensees may provide samples of malt liquor, wine, liqueurs, cordials, and distilled spints which the licensee currently has in stock and is offenng for sale to the general public without obtaining an additional license, provided the wine, liqueur, cordial, and distilled spints samples are dispensed at no charge and consumed on the licensed premises dunng the permitted hours of off -sale in a quantity less than 100 milliliters of malt liquor per variety per customer, 50 milliliters of wine per variety per customer, 25 milliliters of liqueur or cordial, and 15 milliliters of distilled spints per variety per customer. 13-338. Unlawful Acts. (1) No person shall consume alcoholic beverages on licensed premises more than 15 minutes after the hour when a sale thereof can be legally made. (2) No person shall possess open containers of alcoholic beverages or consume alcoholic beverages on public streets, public parking lots, or on parking lots under the control of a liquor licensee outside the licensed structure or on pnvate property generally open to the public unless possession or consumption for a specific event on such property is approved by the City as provided in this Chapter. SECTION 2. This ordinance shall take effect on December 16, 2000. Reviewed for Administration: Ado'ted by thg City C • uncil November 20, 2000 Attest: Ci Clerk Mayor Ap fir• - d as to Form and E cution: City Attorney STATE OF MINNESOTA) SS. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Sailor , or the president's designated agent, and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The pnnted public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 29 day of November , 2000, and was thereafter pnnted and published on every Wednesday to and including Wednesday, the day of , 2000; and pnnted below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being 0 e size and kind of type used in the composition and publication of the notice: Subscribed and swom to on this c day of B %