HomeMy WebLinkAbout05-22 Council Ordinances 1stReading: November2y 2022 Publication:
2n'Reading: V?tCemb,-r iZ 120 2 Effective: )GnuCA" '�qi 2 �
CITY OF LINO LAKES
ORDINANCE NO. 05-22
AMENDING CHAPTER 701 ENTITLED LIQUOR LICENSING BY ADDING
NEW SUBDIVISIONS RELATED TO COMPLIANCE CHECKS, VIOLATIONS AND
PENALTIES; DELETING CHAPTER 702 ENTITLED BEER LICENSING AND
INCORPORATING 3.2 PERCENT MALT LIQUOR INTO CHAPTER 701
The City Council of Lino Lakes ordains:
Section 1. That Section 701.10 of the Lino Lakes Code of Ordinances be amended
to read as follows:
701.10 REVOCATION,DENIAL OR SUSPENSION.
(1) General. A license issued or to be issued by the city may be denied, suspended or
revoked by the City Council for any of the following causes:
(a) Fraud, misrepresentation or incorrect statement contained in the application for
license or made in carrying on the licenses activity;
(b) Conviction of any crime or misdemeanor,pertaining to license held or applied for,
subject to the provisions of M.S. Ch. 364, as it may be amended from time to time;
(c) Conducting a licensed activity in a manner as to constitute a breach of the peace, or a
menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of
the residents of the city, upon recommendation of the city health authorities or other appropriate
city official;
(d) Expiration or cancellation of any required bond or insurance, or failure to notify the
city within a reasonable time of changes in the terms of the insurance or the carriers;
(e) Actions unauthorized or beyond the scope of the license granted;
(f) Violation of any regulation or provision of this code applicable to the activity for
which the license has been granted or any regulation or law of the state so applicable; or
(g) Failure to continuously comply with all conditions as required as precedent to the
approval of the license.
the date,time a-ad plaee of the heafing as well as the a4ttfe of the ehafges against the .
n a., inis,-..atiye n..,,eedt -es net M.S. §§ 14.57 t 1 n 7n s they ,be amended f tifn,to
tiffl-ea. T-he Gouneil may aet as the hearing body undef that aet, E)f it may eontfaet with the Of4ee
(4) (2) Suspension pending a hearing. The Council may for cause, when in its judgment
the public health, safety and welfare is endangered and without advance notice,temporarily
suspend any license pending a hearing on revocation for a period not to exceed 30 days.
Section 2. That Chapter 701 of the Lino Lakes Code of Ordinances be amended to
add a new Section 701.11 to read as follows:
701.11 Compliance Checks.
All licensed premises shall be open to inspection by the City Police or other authorized
City official during regular business hours. From time to time, but at least once per,year,the City_
shall conduct compliance checks by engaging persons at least 17 years of age, but less than 21
years of age,to enter each licensed premises to attempt to purchase intoxicating liquor. Prior
written consent from a parent or guardian is required for any person under the age of 18 to
participate in a compliance check. Persons used for the purpose of compliance checks shall be
supervised by City designated law enforcement officers or other designated City personnel.No
persons used in compliance checks shall attempt to use a false identification misrepresenting the
person's age, and all persons lawfully engaged in a compliance check shall answer all questions
about the person's age asked by the licensee or his or her employee and shall produce any
identification, if any exists, for which he or she is asked.Nothing in this Section shall prohibit
compliance checks authorized by State or Federal laws for educational, research, training
purposes or required for enforcement of a particular State or Federal law.
Section 3. That Chapter 701 of the Lino Lakes Code of Ordinances be amended to
add a new Section 701.12 to read as follows:
701.12 Violations and Penalty.
(1) Administrative Civil Penalties—Individuals. If aperson who is not a licensee is
found to have violated this article, the person shall be charged an administrative penalty as
follows:
(a) First Violation. The Council shall impose a civil fine not to exceed$50.00.
(b) Second Violation within 12 months. The Council shall impose a civil fine not to
exceed$100.00.
(c) Third Violation within 12 months. The Council shall impose a civil fine not to exceed
$150.00.
(2) Same—Licensee. If a licensee or an employee of a licensee is found to have violated
this article,the licensee shall be charged an administrative penalty as follows:
(a) First Violation. The Council shall impose a civil fine of$500.00 and suspend the
license for not less than 1 day.
(b) Second Violation within 36 Months. The Council shall impose a civil fine of
$1,000.00 and suspend the license for not less than 3 consecutive days.
(c) Third Violation within 36 Months. The Council shall impose a civil fine of$2,000.00
and suspend the license for not less than 10 consecutive days.
(d)Fourth Violation within 36 Months. The Council shall revoke the license for at least
one year.
(3) Administrative Penalty Procedures.Notwithstanding anything to the contrary in
this section:
(a)Any of the administrative civil penalties set forth in this section that ma b�e imposed
by the Council,may in the alternative be imposed by an administrative citation.
(b) If one of the foregoing penalties is imposed by an action of the Council, no penaltX
shall take effect until the licensee or person has received notice (served personally or by mail)
the alleged violation and of the opportunity for a hearing before the Council, and such notice
must be in writing and must provide that a right to a hearing before the Council must be
requested within 10 business days of receipt of the notice or such right shall terminate.
(4) Misdemeanor Prosecution.Nothing in this section shall prohibit the City rom_
seeking prosecution as a misdemeanor for any alleged violation of this article.
Section 4. That Section 701.02 of the Lino Lakes Code of Ordinances be amended
to read as follows:
§ 701.02 LICENSE REQUIRED.
(1) General requirements.
(a) No person, except a wholesaler or manufacturer,to the extent authorized under state
license, shall directly or indirectly deal in, sell or keep for sale in the city any intoxicating liquor
without first obtaining a license to do so as provided in this chapter. Each license shall be issued
for a maximum period of one year, expiring on June 30 of each year. All licenses shall expire on
the same date, except temporary licenses that shall expire according to their terms. Liquor
licenses shall be of ffi++e eleven kinds:
1. On-sale;
2. On-sale wine;
3. On-sale 3.2 percent malt liquor;
4. Off-sale 3.2 percent malt liquor;
5. Off-sale;
6. Club license;
7. Sunday on-sale;
8. Temporary set-up license;
9. Temporary on-sale;
10. On-sale brewer taproom; and
11. Off-sale growler.
(b) For the purposes of this ordinance,the term RESTAURANT is defined as an eating
facility, other than a hotel, under the control of a single proprietor or manager, where meals are
regularly prepared on the premises,where full waitress/waiter table service is provided, where a
customer orders food from printed menus and where the main food course is served and
consumed while seated at a single location. To be a restaurant as defined by this chapter, an
establishment shall have a license from the state as required by M.S. § 157.16, as it may be
amended from time to time, and meet the definition of either a "small establishment," "medium
establishment" or "large establishment" as defined in M.S. § 157.16, Subd. 3d, as it may be
amended from time to time.An establishment which serves prepackaged food that receives heat
treatment and is served in the package or frozen pizza that is heated and served, shall not be
considered to be a restaurant for the purposes of this chapter unless it meets the definitions of an
establishment under M.S. § 157.16, as it may be amended from time to time.
(2) On-sale license. On-sale licenses shall be issued only to hotels, clubs, restaurants
and exclusive liquor stores and shall permit on-sale of liquor only.
(3) On-sale wine license.
(a) On-sale wine licenses. On-sale wine license shall be issued only to restaurants that
have facilities for seating at least 25 guests at one time and meet the criteria of M.S. § 340A.404,
Subd. 5, as it may be amended from time to time and which meet the definition of restaurant in
division (1)(b)above and shall permit only the sale of wine not exeeeding 141 l,.,,ha ay
volume for consumption on the licensed premises only in conjunction with the sale of food.
(b) Strong beer sales in conjunction with wine and 3.2%beer licenses. Licensees who
hold both an on-sale wine license and an on-sale 3.2%malt liquor license and whose gross
receipts are at least 60%attributable to the sale of food may sell intoxicating malt liquor(strong
beer) at on-sale without an additional license, as allowed by M.S. § 340A.404, Subd. 5, as it may
be amended from time to time.
(4) On-sale 3.2 percent malt liquor license. On-Sale 3.2 percent malt liquor means malt
liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2
percent alcohol by weight. License maygranted only to golf courses, bona fide clubs,beer
stores, exclusive on-sale liquor stores,restaurants and hotels where food is prepared and served
for consumption on the premises. On-sale licenses shall permit the sale for consumption on the
premises only.
(5) Off--sale 3.2 percent malt liquor license. Off-sale 3.2 percent malt liquor licenses
shall permit the sale of 3.2 percent malt liquor at retail in the original package for consumption
off the premises only.
(4) Off-sale license. Off-sale licenses shall be issued only to exclusive liquor stores and
shall permit off-sale of liquor only. Off-sale liquor may be conducted on Sundays. All Sunday
off-sale liquor sales must be made between the hours of 11:00 a.m. and 6:00 p.m.
(5) Club license. Club licenses shall be issued only to incorporated clubs which have
been in existence for 15 years or more, or to congressionally chartered veterans'organizations
which have been in existence for ten years, and shall permit on-sale of liquor to members and
bona fide guests only.
(6) Sunday on-sale license. Sunday on-sale licenses may be issued to any hotel,
restaurant or club which has facilities for serving at least 30 guests at one time and meets the
definition of restaurant in division(1)(b) above, and which has an on-sale license and shall
permit on-sale of liquor on Sunday in conjunction with the serving of meals only. A special
license authorizing sales on Sunday may be issued to a license holder of an on-sale brewer
taproom license for the operation of a taproom on Sundays.
(7) Temporary set up license. A one-day intoxicating liquor consumption and display
permit may be issued to any non-profit organization in connection with a social activity
occurring within the city and sponsored by the organization.No more than ten licenses shall be
issued in the city in any year. The fee for the license shall be as established in the city fee
schedule. A permit shall allow consumption or display of intoxicating liquor and the serving of
liquids for the purpose of mixing with intoxicating liquor, but shall not allow the sale of
intoxicating liquor. This permit shall be valid only for the day indicated on it.No permit issued
pursuant to this division shall be valid unless first approved by the Commissioner of Public
Safety.
(8) Temporary on-sale intoxicating liquor and 3.2 percent malt liquor license. License
may be issued only in connection with a social event sponsored by a club, charitable, religious or
other non-profit corporation that has existed for at least three years.No license shall be for
longer than four consecutive days and the city shall issue no more than 12 days' worth of
temporary licenses to any one organization in one calendar year.No permit issued pursuant to
this division shall be valid unless first approved by the Commissioner of Public Safety.
(9) On-sale brewer taproom. On-sale brewer taproom license authorizes on-sale of
malt liquor produced by the brewer for consumption on the premises of or adjacent to one
brewery location owned by the brewer, subject to the restrictions of this chapter and M.S. §
340A.301, Subd. 6b, as it may be amended from time to time.
(10) Off-sale growler. An off-sale growler license authorizes off-sale of malt liquor
produced by a brewer and packaged in 64-ounce or 750-milliliter containers that are designed,
sealed and labeled pursuant to M.S. § 340A.301, Subd. 7(b), as it may be amended from time to
time. Only brewers licensed under M.S. § 340A.301 Subd. 6(d), (i) or 0) are eligible for an off-
sale growler license, subject to the limitations set forth in Stab a. 7(b) of that statute. The off-sale
of growlers may be conducted on Sundays.All Sunday growler sales must be made between the
hours of 8:00 a.m. and 10:00 p.m.
Section 5. That Chapter 702 of the Lino Lakes Code of Ordinances be and hereby
is deleted.
Adopted by the Lino Lakes City Council this �2k"day of �C S'Sl't X 2022.
The motion for the adoption of the foregoing ordinance was introduced by
Councilmember and was duly seconded by Councilmember IP-UM(DI d and
upon vote being taken thereon,the following voted in favor thereof. CoVegn ,
i -�i dew I p7w)\af-b, 5 S�--L-
The following voted against same: NOT)f—'
"bfferty,Mayor
ATTEST:
Julianne Barte , City Clerk
CITY COUNCIL
AGENDA ITEM 3A
STAFF ORIGINATOR: Julie Bartell, City Clerk
MEETING DATE: December 12, 2022
TOPIC: Consider 2nd Reading and Adoption of Amendments to the Lino
Lakes Code of Ordinances relating to Licensing of Liquor and
Tobacco Products
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to consider the 2nd Reading and adoption of two ordinances:
i. Ordinance No. 05-22, Amending Chapter 701 regarding Liquor Licensing by adding
new language related to compliance checks and violations/penalties, and deleting
Chapter 702 regarding Beer Licensing and incorporating regulations into Chapter 701;
ii. Ordinance No. 06-22, Amending Chapter 602 regarding Sales, Possession and Use of
Tobacco Products by adding new subdivisions related to compliance checks and
violations/penalties.
BACKGROUND
In October,the council approved an ordinance adding language to the City Code that regulates the
possession and sale of certain cannabinoid(CBD)products. These regulations included a process
for compliance checks and violations/penalties. Public Safety Director Swenson has
recommended that the same process be adopted related to the City's liquor and tobacco regulations.
As a part of this update to the liquor regulations for the City, staff is also recommending that the
chapter of the Code relating to beer licensing be incorporated into the liquor licensing chapter.The
language on beer licensing generally relates to regulations for 3.2 malt liquor and can easily be
condensed into the liquor licensing chapter.
The tobacco regulations will also be amended to reflect the current law prohibiting sales to,
possession of, use of and procurement to individuals under the age of 21.
The 15t Reading of these ordinances was approved by the council on November 28, 2022.
RECOMMENDATION
Staff recommends: a) Consideration of the 2nd Reading and adoption of Ordinance No. 05-22
and Ordinance No. 06-22 as presented; and b) Passage of Resolutions No. 22-150 and No. 22-
151 authorizing summary publication of the ordinances.
ATTACHMENTS
Ordinance No. 05-22 and Ordinance No. 06-22
Resolution No. 22-150 and No. 22-151