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HomeMy WebLinkAbout2020-401 Amending Chapter XI Chapter 110 Alcoholic BeveragesCity of Corcoran County of Hennepin State of Minnesota ORDINANCE N0. 2020-401 Motion By: Schultz Seconded By: Anderson March zt, 2u0 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 The provisions of Minnesota Sfiatute 340A, as amended, wifih 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 fio the extent authorized under stafie 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", "Temporary on -sale", and "On -Sale Wine". a. "On -sale" licenses shall be granted only to hofie resfiaurants and/or exclusive liquor stores and sha premises only. ith accommodations is wrestaurant , clubs, II permit fihe consumption of liquor on the b. "Off sale" licenses shall be issued fio either the holder of an on -sale liquor license and/or exclusive liquor store, or stores appropriafie for fihe sales of 3.2 malt liquor and shall permit off sales of liquor only. c. "Temporary on -sale" licenses shall be granted only fio (1) a club or charitable, religious, or ofiher nonprofit organization in exisfience for at least three years, (2) a polifiical committee registered under Minnesota Statute 10A.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 City of Corcoran County of Hennepin State of Minnesota _l_MR_l 1 1 1 March 26, 2020 paragraph, excepfi that the requirements of Minnesota Statute 340A.409, subdivisions 1 to 3a, ("Liability Insurance"), shall apply to the license. d. On -sale wine licenses, with the approval of the Commissioner of Pu resfiaurants fihat have facilities for seating at least 25 guests at one time and meet the criteria of Minn. Stat. 340A.404, subd. 5, as it may be amended from time to time, and which meet the blic Safety to: theaters definition of restaurant in section 3; to licensed bed and breakfast facilities which meet the criteria in Minn. Stat. 340A.4011, subd. 1, as it may be amended from time to time and to theaters that meet the criteria of Minn. Stat. 340A.404, subd. 1(b) as it may be amended from time to time. The fee for an on -sale wine license established by the Council under the provisions of Section 10 of this ordinance, shall not exceed one-half of the license fee charged for an on - sale intoxica A /1 it Ling liquor license. The holder of an on -sale wine license who also holds an on -sale it 1• i• • � 1 ' strong been without an additional license. 110.03: APPLICATION AND FEES. A. Application Process d to sell malt liquor with a content over 3.2_ perce_n� 1. Every application for a license to sell intoxicating liquor or 3.2 malt liquor shall be verified and filed with the City rIor�� 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 "fiemporary on -sale" license pursuant to secfiion 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 fihe license. 3. Each application for a license shall be accompanied by receipt from the Cifiy Clerk -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 T-�-sir shall refund the amount paid. 4. Each aDDlication for an on -sale intoxicating liquor license shall be accompanied by a site plan, drawn to scale. The site plan must contain the following information: (a) a legal descripfiion of the property upon which the proposed licensed premises is situated; (b) a plot plan; (c) the exact location on the property of the licensed premises, all customer and employee parking areas. all accesses onto the property, all entrances into the premises, and all outdoor serving areas: (d) a floor plan of the licensed premises. 6-�. 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 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2020-401 March 26, 2020 year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rats 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 R•s .c , •�uti Temporary on -sale" licenses shall not authorize on -sales for more than four ve days not to exceed more than 12 dada year. 65. The annual fees for "on -sale" and "off -sale" intoxicating and 3.2 malt liquor licenses and the fees for "t time to time by the City Council. "temporary on -sale" licenses shall be set by resolution from 76. 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. 0 At the time of makin officer/partner, the a 11 n an initial application, or renewal application. or reaues )licant shall, in writing, authorize th t for a corporate e Police Department to investigate a facts set out in the application and complete a personal background and criminal record check on the applicant and corporate officer/partner. The applicant sha Depart Should ll further authorize the Police ment to release information received from such investigation to the Counc the Council denv the appli cant's reauest for a license due applicant's prior conviction of a crime, the Council shall notify t artially or sole)y, to the he applicant of the grounds and reasons for the denial; the applicable complaint and grievance 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. 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" 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. City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2U20-40I March 26, 2020 Every license shall be granted subjecfi t0 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 fihe conditions of sobriety and order in it and on adjacent property. No person orN 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. 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 dufiies 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. Ifi 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. 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 sha[1 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 wifih 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 fio include roads adjacent to the area. time to time: For commission of a felony related to the licensed activity, sale of alcoholic bANerages while the license is under suspension, sale of intoxicating. liouor where the onl license is for 3.2 percent malt liquor, or violation of Sectio n City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2020-401 March zu, zuzu 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. 1'10.06: �''^X Is Suspension and Revocation u WA Ran 0 0 WIN 4 0 &W3WW2dtVWJLW-AWW2. KqWJ WXW2 0 Kiwi ILIWA• 0010 IILLIWVXGWP am 0 inn � ho�rir�rr (A) The Council shall liquor license upon finding u either suspend for a period not to exceed 60 days or revoke an that the licensee has failed to comply with any applicable statute, regulation, or provision of this ordinance relating to liquor. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, Minn. Stat. 14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing bodv under that act, or it may contract with the Office of Hearing Examiners for a hearing officer. (B) The following are the minimum periods of suspension or revocation which shall be imposed by the Council for violations of the provisions of this ordinance or Minn. Stat. Ch. 340A, as it may be amended from time to time or anv rules promulaated under that chapter as then be amended from 4, the license shall be revoked. (2) The license shall be suspended_ by the Counc after a findin under division (A that the licensee has failed to comoly with anv applicable statute. rule. or provision of this ordinance for at least the minimum periods as follows: (a) For the first violation within any three-year period, at least in addition to anv criminal or civil penalties which may be imposed. one day suspension ,(b) For a second violation within an three-year period, at least three consecutive days suspension in addition to any criminal or civil penalties which may be imposed. (c) For the third violation within a�h nree-year period, at least seven consecutive days suspension in addition to anv criminal or civil penalties which may be imposed. City of Corcoran County of Hennepin State of Minnesota revoked . March 26, 2020 ORDINANCE NO. 2020-40I d) For a fourth violation within anv three -near period, the license shall be (3) The Council shall selecfi the day or days during which the license will be suspended. (C) Lapse of required proof of financial respon sibility shall effect an immediate suspension Of anv license issued pursuant to this ordinance or state law without further action Of the Council. Notice Of cancellafiion Or lapse of a current liquor liabilit policy shall also constitute notice to the licensee of the impendin,q suspension of the license. The holder of a license wh CIO received notice Of lapse Of required insurance or Of suspension or revocation of a license may request a hearing thereon and, if a request is made in writing to the Clerk, a hearing before the Council shall be granted within ten days. Any suspension under this division (S) shall continue until the COuncil determines fihat fihe financial responsibility requirements Of state law and this ordinance have again been met. (D) The provisions of Section 110:11 pertaining to administrative penalty may be im in addition to or in lieu of anv suspension or revocation under this ordinance. 110.07: SUNDAY SALE REGULATIONS. 0 osed "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 Tyr of the municipality in the form prescribed by the too of Public Safety and, with additional information as the City Council may require. The annual fee fora "Su City Council. nday sale" license shall be set by resolution from time to time by the "Sunday Sale" licenses may be revoked by the Council, far 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 liquorfor 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. City of Corcoran County of Hennepin State of Minnesota `P • 1 i 1 March 26, 2020 c) A licensee shall obtain the permit required of Minn. Stat. S340A.504, subd. `7 prior to selling intoxicating liquor or 3.2% malt liquor past 1:00am. 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. 110.11: PENALTIES Any person violating the provisions of this ordinance or Minn. Stat. Ch. 340A as it may be amended from time to time or any rules promulgated under that chapter as they may be time amended from time to Stat. Ch. 340A and upon conviction shall be (A) The Counc r guilty of applicable penalty under Minn. unished as provided by law. it to impose fihe civil penalty. Any criminal action to enforce his chapter shall not preclude the Council from imposing the civil penalties hear in or taking other action up tO and including revocation of the license. A hearing under the Administrative Procedures Act, Minn. Stat.. 14.57 it shall impose a civil penalty of up to $2,000 for each violation of Minn. Stat, Ch. 340A, as it may be amended from time to time, and of this ordinance. Conviction Of a violation in a court Of law is not wired in order for the Counc to 14.70, as it may be amended from time to time, is Council imposed, but the violation and the payment following nalfiis shall provide an opportunity to a nearing on one proposed roposed n inv is c not reauired before the na[ty and hear any person who wishes to speak. Non - grounds for suspensi_on or revocation of the license. The is the mum schedule of presumptive civil penalties which must be imposed in addition to any suspension unless the license.is revoked:. 11) For the first violation within an�three-year period, $500. (2) For the second violation within any fihree-year period, $1,000. (3) For the third and subsequent violations within any three-year period, $2,000. C) The term "violation" as used in Section 23 includes any and all violations of the provisions in this section, or of Minn. Stat. Ch. 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time. The number of violations shall be determined on the basis of the history of violations for the preceding three-year period. Revocation shall occur within 60 days followina a findina of a violation for which revocation is imposed. City of Corcoran County of Hennepin state of Minnesota ORDINANCE NO. 2020-4V I March 26, 2020 Effiective date: This ordinance shall have full force and effect upon its passage and publication. A®OPTED by the City Council on this 26t" day of March 2020. Thomas Anderson, • Bottema, Jon Dejewskn,, Brian ® Schulte, ��-� an ATTEST: J��sica Beise, Administrative Services ®irector VOTING NAY ❑ Thomas, Ron ❑ Anderson, Tom ❑ Bottema, Jon ❑ Dejewski, Brian ■ Ron Thomas, Mayor City Seal