HomeMy WebLinkAbout2329-07 - ADMIN Ordinance - City Council - 2007/05/07ORDINANCE NO. 2329-07
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
ORDINANCE AMENDING CHAPTER 3 OF THE
ST. LOUIS PARK CITY CODE CONCERNING
ALCOHOLIC BEVERAGES
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA ORDAINS:
Section 1. Section 3-32 of the St. Louis Park City Code is amended by adding the
following definitions:
Place of Worship means church, synagogue, temple, mosque, or other facility used for
religious services.
School means a building used for the purpose of elementary or secondary education, which
meets all the requirements of compulsory education laws of the State of Minnesota, and not
providing residential accommodations.
(3)
Section 2. Section 3-57 (3) of the St. Louis Park City Code is amended to read:
On -sale 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 60 percent attnbutable to the sale of food, may also sell
intoxicating malt liquor 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, priest, minister or pastor of a duly organized religious
organization to worshippers solely for the purpose of practicing religious ntes in their
homes.
Section 3. Section 3-75 of the St. Louis Park City Code is amended to read:
Sec. 3-75. Administrative penalty.
Pnor to expiration of the 20 -day notice period as set forth in section 3-74, the licensee
may stipulate to both the violation identified in the notice and an administrative penalty
. _ agreed to by the
city manager, in lieu of a heanng before the city council. The stipulation must be approved by
the city council. If such stipulation is 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 as provided in section 3-78,
following a heanng as set forth in section 3-74.
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Ordinance No. 2329-07 -2-
Section 4. Chapter 3 of the St. Louis Park City Code is amended by adding Section
3-78 to provide:
Sec. 3-78. Presumptive civil penalties.
A. Purpose: The purpose of this Section is to establish a standard by which the City Council
determines the length of license suspensions and the propriety of revocations, and shall
apply to all premises licensed under this Chapter. These penalties are presumed to be
appropriate. The Council may deviate either upward or downward from the
presumptive penalty where the Council finds that there exist substantial reasons making it
appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with
the State or City to prevent the sale of alcohol to minors. When deviating from these
standards, the Council will provide written findings that support the penalty selected.
B. Presumed penalties for Violations: The presumed penalties for violations are as follows
(unless specified, numbers below indicate consecutive business days' suspension):
Type of Violation
-,1" Violation
2"d Violation
within 3 yrs
3'd Violation
within 3 yrs
4th Violation
within 3 yrs
1 Commission of a felony
related to the licensed activity
Revocation
N/A
N/A
N/A
2 Sale of alcoholic beverages
while license is under suspension
Revocation
N/A
N/A
N/A
3 Sale of alcoholic beverages
to underage person
$2,000
$2,000 and
1 day
$2,000 and
3 days
Revocation
4 Sale of alcoholic beverages
to obviously intoxicated person.
3 days
6 days
18 days
Revocation
5 After hours sale of alcoholic
beverages
3 days
6 days
18 days
Revocation
6 After hours display or consumption
of alcoholic beverages
2 days
4 days
12 days
Revocation
7 Refusal to allow government
inspectors or Police admission to
inspect premises
5 days
15 days
Revocation
N/A
8 Illegal gambling on premises
3 days
6 days
18 days
Revocation
9 Failure to take reasonable steps to
stop person from leaving premises
with alcoholic beverages
2 days
4 days
12 days
Revocation
10 Sale of intoxicating liquor where
only license for 3 2 percent malt
liquor
3 days
6 days
18 days
Revocation
The penalty for violations without a presumptive penalty shall be determined by the City
Council.
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Ordinance No. 2329-07 -3-
C. Multiple Violations: At a licensee's first appearance before the Council, the Council
must act upon all of the violations that have been alleged in the notice sent to the
licensee. The Council in that case must consider the presumptive penalty for each
violation as stated in subsection (B) above. The occurrence of multiple violations is
grounds for deviation from the presumed penalties in the Council's discretion.
D. Subsequent Violations: Violations occurring after the notice of hearing has been mailed,
but prior to the hearing, must be treated as a separate violation and dealt with as a second
appearance before the Council, unless the City Manager and licensee agree in wntmg to
add the violation to the first appearance. The same procedure applies to the second, third,
or fourth appearance before the Council.
E. Subsequent Appearances: Upon a second, third, or fourth appearance before the Council
by the same licensee, the Council must impose the presumptive penalty for the violation
or violations giving rise to the subsequent appearance without regard to the particular
violation or violations that were the subject of the first or prior appearance However, the
Council may consider the amount of time elapsed between appearances as a basis for
deviating from the presumptive penalty imposed by this Section.
F. Computation of Violations: Multiple violations are computed by checking the time
period of the three (3) years immediately pnor to the date of the most current violation.
G Other Penalties: Nothing in this Section shall restrict or limit the authority of the Council
to suspend up to sixty (60) days, revoke the license, impose a civil fee not to exceed two
thousand dollars ($2,000.00), to impose conditions, or take any other action in
accordance with law; provided, that the license holder has been afforded an opportunity
for a hearing in the manner provided in this Chapter.
H In addition to civil penalties, every licensee that has been found in violation of this
Chapter must enter into and complete a training program approved by the City's Police
Department.
Section 5. Section 3-103 of the St. Louis Park City Code is amended by adding the
following paragraph:
(c) Proof of Age. No liquor licensee shall sell or allow consumption of alcoholic
beverages without first obtaining proof of age. Proof of age for purchasing or
consuming alcoholic beverages may be established only by one of the following:
(1) a valid driver's license or identification card issued by Minnesota, another
state, or a province of Canada, and including the photograph and date of
birth of the licensed person;
(2) a valid military identification card issued by the United States Department
of Defense;
(3) a valid passport issued by the United States., or
(4) in the case of a foreign national, by a valid passport.
Ordinance No. 2329-07 -4-
Section 6. Section 3-105 of the St. Louis Park City Code is amended to read:
(b) An off -sale liquor licensee shall not allow non -employees on the business
premises from 15 minutes after the sale of intoxicating liquor is prohibited until such sale is
again permitted except as otherwise provided in this subsection. 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 is no sale, consumption or display of intoxicating or 3.2
percent malt liquor during the hours in which the sale or consumption of liquor is prohibited by
state law ,
Section 7. Section 3-110 of the St. Louis Park City Code is amended by adding the
following paragraphs:
(d) Intenor and exterior bars, grills, mesh or similar obstructions, whether
permanently or temporarily affixed, shall not cover any exterior door or more than
ten percent of any individual window or contiguous window area.
(e) The total area of signs in windows shall not exceed 50% of the total area of
windows fronting a street. Signs shall not be displayed on doors, and doors shall
not be included in the window area for purposes of determining the 50%
maximum coverage.
(f) No initial license to sell intoxicating liquor may be issued within 300 feet of a
school or place of worship as measured from the property line of the site to
receive the proposed license to property line of the school or place of worship.
Section 8 This ordinance shall take effect fifteen days after its publication.
First Reading
April 16, 2007
Second Reading
May 7, 2007
Date of Publication
May 17, 2007
Date Ordinance takes effect
June 1, 2007
eviewe for Administration:
City
Attest:
City Clerk
Ado
by the City Council May 7, 2007
Mayor
i
Apprs �-d as to form and execution:
r
City Attorney
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
Sun -Sailor
and has full knowledge of the facts stated
below
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn Stat §331A 02, §331A 07,
and other applicable laws as amended
(B) The printed public notice that is attached
was published in the newspaper once
each week, for one successive
week(s), it was first published on Thurs-
day, the 17 day of May
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
, 2007, and printed
below is a copy of the lower case alpha-
bet 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
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abcdefghitkimnopgrstuvwxyz
Subscribed and sworn to or affirmed
before me on this 17 day of
May , 2007
City of St. Louis Park
(Official Publication)
SUMMARY
ORDINANCE NO 2329-07
AN ORDINANCE AMENDING CHAPTER 3
OF THE ST LOUIS PARK ORDINANCE CODE
CONCERNING LICENSING FOR THE SALE,
CONSUMPTION AND
DISPLAY OF ALCOHOLIC BEVERAGES
This ordinance relates to amendments to Chapter 3 of the
St Louis Park Municipal Code concerning alcoholic bev-
erages and relating to administrative penalties, window
signage limitations, distance restrictions, and other
housekeeping revisions
This ordinance shall take effect 15 days after publication
Adopted by the City Council May 7, 2007
Jeffrey W Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for in-
spection with the City Clerk
Published in St Lours Park Sailor May 17, 2007
(May 17, 2007) a3 -Ordinance 2329-07
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 1-31-09
RATE INFORMATION
(1) Lowest classified rate paid by
®
commercial users $ 2 85 per line
for comparable space
(2) Maximum rate allowed by law
$ 620 per line
(3) Rate actually charged
$ 1 30 per line