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HomeMy WebLinkAbout2015-303 Chapter 110 Ordinance AmendmentsCity of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2015 -303 Motion By: Thomas Seconded By: LaFave July 23, 2015 AN ORDINANCE AMENDING THE TEXT OF CHAPTER XI CHAPTER 110 OF THE CORCORAN CITY CODE, ENTITLED ALCOHOLIC BEVERAGES THE CITY COUNCIL OF CORCORAN ORDAINS: CHAPTER 110: ALCOHOLIC BEVERAGES 110.01: STATE LAW ADOPTED. The provisions of Minnesota Statute 340A, as amended, with reference to the definition of . terms, applications for license, granting of license, conditions of license, restrictions on consumption, provisions on sales, conditions of bonds of licenses, hours of sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor and 3.2 malt liquor are hereby adopted. 110.02: LICENSE REQUIRED. No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell or keep for sale any intoxicating liquor or 3.2 malt liquor without first having received a license to do so as provided in this chapter. Licenses shall be of three kinds: "On- Sale ", "Off- Sale ", and "Temporary on- sale ". a. "On- sale" licenses shall be granted only to hotels with restaurant accommodations, clubs, restaurants and /or exclusive liquor stores and shall permit the consumption of liquor on the premises only. b. "Off- sale" licenses shall be issued to either the holder of an on -sale liquor license and /or exclusive liquor store, or stores appropriate for the sales of 3.2 malt liquor, and shall permit off sales of liquor only. c. `Temporary on- sale" licenses shall be granted only to (1) a club or charitable, religious, or other nonprofit organization in existence for at least three years, (2) a political committee registered under Minnesota Statute 1 OA. 14, or (3) a state university, and shall be granted only in connection with a social event within the municipality sponsored by the licensee. Such licenses shall not authorize the on -sale of intoxicating liquor for more than four consecutive days and must be in compliance with all provisions of Minnesota Statute 340A.404. A "Temporary on- sale" license may allow the licensee to contract for intoxicating liquor or 3.2 malt liquor catering services with the holder of a full -year on -sale intoxicating liquor license issued by any municipality. All 'Temporary on- sale" licenses must be approved by the commissioner of public safety. 1. The City Council may issue a 'Temporary on- sale" license to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year in connection with a social event within the city, sponsored by the brewer. The terms and conditions specified for temporary licenses under paragraph "c" above shall apply to a license issued under this paragraph, except that the requirements of Minnesota Statute 340A.409, subdivisions 1 to 3a, ( "Liability Insurance "), shall apply to the license. City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2015 -303 110.03: APPLICATION AND FEES. A. Application Process July 23, 2015 1. Every application for a license to sell intoxicating liquor or 3.2 malt liquor shall be verified and filed with the City Clerk- Treasurer. It shall state the name of the applicant, his or her age, representations as to his or her character, with the reference as may be required to citizenship, the organization in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how he or she has been in that business at that place, define the premises for which activities shall take place, and other information as the Council may require from time to time. In addition to containing the information, each application for a license shall be in the form prescribed by the Department of Public Safety. No person shall make a false statement in an application. 2. Each application for an 'off- sale" and "on- sale" license, as well as an application for a "temporary on- sale" license pursuant to section 110.02(c)(1), shall be accompanied by proof of a liability insurance policy, and the liability insurance policies shall be approved as to form by the City Attorney. The operation of such an intoxicating liquor business without having on file at a time with the municipality an insurance policy shall be grounds for an immediate revocation of the license. 3. Each application for a license shall be accompanied by receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid in the general fund of the municipality. Upon rejection any application for a license, the Treasurer shall refund the amount paid. 4. All full - year "on- sale" and 'off- sale" licenses shall expire on the last day of June of each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a month shall be counted as one month. 'Temporary on- sale" licenses shall expire on the date specified in the license. "Temporary on- sale" licenses shall not authorize on -sales for more than four consecutive days. 5. The annual fees for "on -sale' and "off- sale" intoxicating and 3.2 malt liquor licenses and the fees for "temporary on- sale" licenses shall be set by resolution from time to time by the City Council. 6. If a refund for full - year "on- sale" or "off- sale" liquor license fees is sought within six months of the license year, half of the fee paid shall be refunded. After a license has been in effect for six months, no portion of the license fee shall be refunded. No refunds shall be granted on approved temporary on -sale licenses. 110.04: GRANTING LICENSES; INELIGIBILITY. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the City Council shall grant or refuse the application in its discretion. No 'off- sale" City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2015 -303 July 23, 2015 license shall become effective until it, together with the bond furnished by the applicant, has been approved by the Department of Public Safety. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the City Council. No license shall be issued for any place or for any organization ineligible for a license under state law. No license shall be granted for operation on any premise on which taxes, assessments or other financial claims of the city are delinquent and unpaid. No person shall be granted to or held by any person made ineligible for a license by state law. 110.05: CONDITIONS OF LICENSES. Every license shall be granted subject to the conditions in the following divisions and all other provisions of this chapter and of any other applicable ordinance of the city or state law. Every licensee shall be responsible for the conduct on his or her licensed premises and the conditions of sobriety and order in it and on adjacent property. No person or persons to whom a liquor license is issued shall allow or permit the consumption or use of intoxicating liquor or 3.2 malt liquor in any off - street parking area connected with or a part of the land area of the licensed premises. No sale of an alcoholic beverage shall be made to anyone on credit. Any peace officer, health officer or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect and search the premises of the licensee during business hours without a warrant. No licensee shall permit any person, other than an employee engaged in bona fide duties in connection with the licensed premises, to occupy or remain in any part of the licensed premises or in any off - street parking area connected with or a part of the land area of the licensed premises between the hours of 2:30 a.m. and 8:00 a.m. It shall be unlawful for a person under the age of 21 years of age to enter an establishment licensed for the sale alcoholic beverages for the purpose of purchasing, having served or delivered any alcoholic beverage. Notwithstanding the above, a person 18, 19 or 20 years old may enter an establishment licensed for the sale of alcoholic beverages for the following reasons: a. To perform work for the establishment, including the serving of alcoholic beverages; b. Consume meals; and c. Attend social functions that are held in a portion of the establishment where alcoholic beverages are not sold. City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2015 -303 July 23, 2015 All licenses hereunder shall provide proof of liability insurance to cover all claims allowed under Minnesota Statute 340A.801 (dram shop). No minor shall misrepresent his or her age for the purpose of obtaining an alcoholic beverage. No personnel shall induce a minor to purchase or procure an alcoholic beverage. No person shall mix or prepare an alcoholic beverage for consumption in any public place or place of business, licensed to sell liquor "Off -sale' and no person shall consume an alcoholic beverage in any such place. No alcoholic beverage shall be sold or consumed on a public highway or in an automobile. No person shall consume or use an alcoholic beverage in any off -site parking area connected with or a part of the land area of a licensed premises that has been issued a license permitting the sale of alcoholic beverages. Off - street parking areas shall be construed to include roads adjacent to the area. No person, other than an employee engaged in bona fide duties in connection with a premises which been issued a license permitting the sale of alcoholic beverages, shall occupy or remain in any part of the licensed premises between the hours of 2:30 a.m. and 8:00 a.m. Licensed premises shall include off - street parking areas and roads adjacent to same. Penalty, see § 10.99. 110.06: REVOCATION. The Council may suspend or revoke any liquor license in violation of any provision or condition of this chapter or any state law regulating the sale of intoxicating liquor and shall revoke the license if the licensee willfully violates any provision of Minnesota Statute 340A. Except in the case of suspension, a hearing or revocation, a written notice to the grantee and a public hearing shall precede revocation or suspension by the Council. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any advance notice, suspend any license pending a hearing or revocation for a period of not exceeding 30 days. 110.07: SUNDAY SALE REGULATIONS. "Sunday sale" licenses shall permit the sale and consumption of intoxicating liquors on the licensed premises only and between the hours of 8:00 a.m. on Sundays and 2:00 a.m. on Mondays in conjunction with the serving of food, but no liquor shall be served on Sundays other than to persons who are seated at tables in those types of hotels or restaurants which qualify for the "Sunday sale" license. Every person desiring a "Sunday sale" license shall file a verified application therefore in writing with the Clerk- Treasurer of the municipality in the form prescribed by the Department of Public Safety and, with additional information as the City Council may require. City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2015 -303 July 23, 2015 The annual fee for a "Sunday sale" license shall be set by resolution from time to time by the City Council. "Sunday Sale" licenses may be revoked by the Council, for cause, in the same manner as for the revocation of "on- sale" licenses. 110.08: HOURS AND DAYS OF SALE. The sale of intoxicating liquor and 3.2% malt liquor for consumption on the licensed premises, as allowed in Minn. Stat. §340A.504 is modified and limited as follows: a) The sale of intoxicating liquor and 3.2% malt liquor until 2:OOam shall be permitted only on Friday, Saturday and Sunday. Sunday sales under Minn. Stat. §340A.504, subd. 3, shall also be permitted. b) A licensee may apply to the city for a special event permit authorizing the sale of intoxicating liquor or 3.2% malt liquor until 2:00 a.m. for days other than permitted in subdivision a) above. The application shall be made to the Chief of Police or, in his absence, the City Administrator. c) A licensee shall obtain the permit required of Minn. Stat. §340A.504, subd. 7 prior to selling intoxicating liquor or 3.2% malt liquor past 1:OOam. 110.09: VACATION OF PREMISES. People may occupy the licensed premises until 2:30 a.m. on those days that the sale of intoxicating liquor and 3.2% malt liquor is permitted until 2:00 a.m. 110.10: ADDITIONAL FEES. License fees for those establishments exercising the right to remain open until 2:00 a.m. shall be increased by an amount necessary to cover all additional costs of law enforcement and administration associated with the longer hours. Such additional fees shall be as determined by resolution of the council, from time to time. Effective date: This ordinance shall have full force and effect upon its passage and publication. ADOPTED by the City Council on the 23" day of July, 2015. VOTING AYE ® Guenthner, Ken ® Hank, Pat ® Keefe, Mike ® LaFave, Tonya ® Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Thomas, Ron Ken Guenthner, Mayor City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2015 -303 July 23, 2015 ATTEST: L City Seal J sica Beise, City Clerk /Administrative Services Coordinator