HomeMy WebLinkAbout02/02/2009 Council PacketWORK SESSION AGENDA
CITY OF LINO LAKES
Monday, February 2, 2009
CITY COUNCIL WORK SESSION
Community Room (not televised)
5:30 P.M.
1. Approval of Invoice for Services to Charter Commission
2. Fire Department - Lease Agreement with North Ambulance
3. Fire Department - Standardization of Burning Permit Fees
4. Comprehensive Plan Update
5. Strategic Planning Process
6. Policy for Community Info'iliation Sign
7. City Code Project
Review of Regular Council Meeting Agenda - February 9, 2009
Adjourn
PAGE 1
WS — Item 1
WORK SESSION STAFF REPORT
Work Session Item 1
Date: February 2, 2009
To: City Council
From: Gordon Heitke
Re: Approval of Invoice for Services to Charter Commission
Background
The Lino Lakes Charter Commission has submitted an invoice for payment for 2008
services. The 2008 Charter Administration budget has been overspent. The total budget
of $5,700 for all charter activities has been exceeded by $166.63, prior to payment of this
$1,126.65 invoice. It is the practice of staff to seek Council direction prior to processing
expenditures which will necessitate a budget amendment.
Requested Council Direction
Staff is seeking direction from the Council regarding the processing and payment of this
expenditure.
Attachment(s)
1. Submittal correspondence and invoice for legal services for Charter Commission
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Page 1 of 1'
Julie Bartell
From: CDah122231@aol.com
Sent: Tuesday, January 06, 2009 4:54 PM
To: Julie Bartell; Carol Danielson
Cc: CDah122231 @aol.com
Subject: Fwd: invoice
Attachments: LLCCDecinvoice.pdf
From: kmarty @martylawfirm.com
To: CDah122231@aol.com
Sent: 12/30/2008 2:52:03 P.M. Central Standard Time
Subj: Re: Invoice
Caroline,
Attached is a copy of the invoice. Let me know if you need anything else.
Karen
MARTY LAW FIRM, LLC
Karen E. Marty
MARTY LAW FIRM, LLC
3601 Minnesota Drive, Suite 800
Bloomington, MN 55435
952 - 921 -5859
651 - 294 -1026 (fax)
www.martylawfirm.com
New year...new news. Be the first to know what is making headlines.
•
1/27/2009
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Marty Law Firm, LLC
3601 Minnesota Drive
Suite 800
Bloomington Minnesota 55435
United States
Phone: 952 - 921 -5859
LLCC
Caroline Dahl
.tARTV LAN' FIRM, LLC
Land Use, Municipal Law, and Real Estate since 1981
Dates
ithicdintquirusik
0000009
Dec 30th, 2008
$1126.65
Description
Unit
Cost ($)
Quantity
Prlce {$)
Legal services 10 /08 through 12/30/08
145.00 7.77 1126.65
Subtotal: 1126.65
Total:
Amount Paid:
1126.65
-0.00
Balance Due USD: $1126:65
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WS — Item 2
Date:
To:
WORK SESSION STAFF REPORT
Work Session Item 2
February 2, 2009
City Council
From: Fire Chief Jerry Streich
Gordon Heitke
Re: North Memorial Ambulance Facility
Background
Centennial Fire Station No. 2, owned by the City of Lino Lakes, currently houses the
operations of the North Memorial ambulance service. In September of 2008, Chief Streich
had a liability survey conducted by the League of MN Cities Insurance Trust loss control
staff. While conducting the inspection, loss control staff requested to see the "contract"
between the Centennial Fire District and North ambulance for the space that they occupy
and use. It is the understanding of city and North Memorial staff that there currently is no
formal "contract" between the two entities. The League of MN Cities Insurance Trust
identified some potential issues of concern including:
1. Liability issues with North employees working within the building.
2. Liability issues with North parking their ambulance within the fire station.
3. Code concerns within the space they are occupying.
4. The budget impacts with their use of utilities, paper products, soaps, and alike.
5. Personnel issues that occur with their employees that do not coincide with CFD policies.
6. Future space needs of the fire district.
7. Perception of a public entity supporting a private entity without cost.
Chief Streich has undertaken some preliminary research of lease agreements used by
other municipalities for housing ambulance services which set forth conditions for the use
of city facilities, liability, and financial considerations.
Requested Council Direction
Staff is seeking direction from the Council as to whether discussions with North
Memorial should be initiated to develop a contract which could address issues including
the liability concerns identified by the League of MN Cities Insurance Trust, policies
related to use of facility, and financial considerations to eliminate the public costs
associated with the current arrangement.
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WS — Item 3
Date:
To:
WORK SESSION STAFF REPORT
Work Session Item 3
February 2, 2009
City Council
From: Fire Chief Jerry Streich
Gordon Heitke
Re: Standardization of Burning Permit Fee
Background
The Centennial Fire District issues permits for open burning in accordance with the MN
State Fire Code within its service area. Each district municipality has established a fee for
the permit. Both Centerville and Circle Pines charge $50 dollars for the burning permit,
while Lino Lakes charges $30. Chief Streich is suggesting that the burning permit fee for
Lino Lakes be consistent with the other municipalities to more closely reflect administrative
costs and eliminate public confusion and questions related to the difference in fees within
the fire service district.
Requested Council Direction
Staff is inquiring as to whether the Council wishes to consider amending the Lino Lakes
fee schedule, increasing the current burning permit fee to $50.
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WS — Item 4
WORK SESSION STAFF REPORT
Work Session Item 4
Date: Council Work Session, February 2, 2009
To: City Council
From: Michael Grochala
Re: Comprehensive Plan Discussion
Background
The City Council held a joint meeting with the Comprehensive Plan Advisory Panel on
January 21, 2009. The meeting was held to solicit input from the advisory panel
regarding changes to the Comprehensive Plan proposed by the city council as follows:
1. Create a 5 -year utility phasing plan.
2. Provide for an intensive Comp Plan review every five years.
3. Change (decrease) the allowed densities to those in the 2002 Comp Plan and cap
high density at 12 units per acre.
4. Include requirements for affordable housing in all residential districts.
5. Allow for residential densities to exceed district caps as an incentive for developer
to provide additional desired public values.
The advisory panel, following considerable discussion, recommended accepting the
proposed changes with the following modifications:
1. The residential densities be modified as presented by staff to the following:
• Low Density Residential 1.5 — 3.5 units per acre
• Medium Density Residential 3.6 — 6.9 units per acre
• High Density Residential 7.0 — 12.0 units per acre
• Increase the amount of (percentage) of residential development of the
following Mixed Use areas: Lake Dr./ Main St., and Centerville Rd..CR J.
• Remove selected unsewered areas from the 2030 staging plan to post 2030.
The proposed changes result in an overall net density of 3.04 units /acre, which is
consistent with Met Council Policy.
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2. The wording of the proposed affordable housing policy be changed to read as
follows:
"Strive to integrate affordable housing in all residential land use districts."
Next Steps
Unless additional meetings are requested by the council no further city action is
necessary until the expiration of the adjacent jurisdiction review period. Once the
comment period is completed, all comments will be reviewed and addressed accordingly.
Any proposed changes to the plan, included the council recommendations referenced
above, will be presented at a public hearing held by the Planning & Zoning Board. The
hearing is tentatively scheduled for mid May.
Following action by the Planning and Zoning Board the plan will be forwarded to the
City Council for consideration of "Preliminary" approval. Once the plan has received
this approval it will be forwarded to Metropolitan Council for review.
Council Direction
1. Staff is requesting council confirmation on the proposed changes as recommended
by the Comprehensive Plan Advisory Panel.
2. Staff is requesting council direction with regard to additional plan review
meetings.
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Proposed affordable and life -cycle housing policy revision:
Rationale: Lino Lakes, as a developing city, is expected to accommodate the projected housing
needs, entry level through retirement, of the community's population.
Policies:
1. Work with developers to identify innovative strategies for providing entry level affordable
and life cycle housing.
2. Use redevelopment tools to revitalize aging residential properties, made possible by
various federal, state, local government, and non - profit programs.
3. Provide expanded opportunities for housing ownership made available by various federal,
state, local government and non - profit agencies.
4. Provide for and designate appropriate areas for high - density and mixed -use
development.
5. Establish requirements to provide for affordable housing in all residential and use
districts.
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WS — Item 5
WORK SESSION STAFF REPORT
Work Session Item 5
Date: February 2, 2009
To: City Council
From: Gordon Heitke
Re: Strategic Planning Process
Background
Each year the City Council engages in goal setting for the purpose of identifying issues
and actions to be undertaken by the City Council and staff during the current year and
following year. The initial draft of the Five -Year Financial Plan presented to the Council
in November illustrated the impact of the current economic conditions on the City's
finances. It was decided that the Council needed to engage in a strategic planning
process to determine how best to meet the service expectations of the community during
a period of increasing costs and constrained revenues resulting from a loss of state aid
and a stable or declining net tax capacity. It is the recommendation of staff that this
year's goal setting process also address the financial issues identified in the initial draft
Five -Year Plan, including evaluating and prioritizing city services and identifying service
levels to be provided within financial parameters determined by the Council.
Requested Council Direction
Staff is seeking alternative available dates for strategic planning meetings and
concurrence on the use of a facilitator knowledgeable of municipal service operations and
finances.
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WS — Item 6
WORK SESSION STAFF REPORT
Work Session Item 6
Date: February 2, 2009
To: City Council
From: Gordon Heitke
Re: Policy for Community Information Sign
Background
The community information sign, donated by the Lions Club, has been installed and
completion work continues. The sign is considered city property and will be maintained
by city funds. For these reasons, the use of the sign needs to be for a public purpose and
the City needs to have control of the contents of the programmed electronic messages.
Staff is beginning the process of preparing a policy for the use of the sign and contents of
messages. If the sign becomes operational prior to the approval of the policy, staff is
suggesting that messages be limited to City of Lino Lakes meetings and activities during
that period.
Requested Council Direction
Staff is seeking any input that the Council may wish to provide to be incorporated into
the draft policy. During initial discussions with the Lions Club, it was recognized by
them that there could be no advertising of businesses or products. Staff envisions a
policy that allows for the announcements of government agency and local civic
organization meetings and events. Staff does not envision the sign being used for
personal messages, political messages and advertising fund raising activities for private
or religious groups or purposes. Staff does envision applying standards similar to those
used for messages on Channel 16 and reserving our right to edit or refuse content.
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WS — Item 7
WORK SESSION STAFF REPORT
Work Session Item #7
Date: February 2, 2009
To: City Council
From: Julie Bartell
Re: City Code Update
Background
At the January work session, the council continued the process of reviewing the proposed
update to the City Code. The council is reviewing independently those sections that
contain only general non - substantive revisions. Staff will continue the review process by
first responding to questions that council members have come across in their independent
review.
Also, in order to keep the draft code document intact as we move through it and make
changes, the council will be provided with some new pages. Specifically, the following
updates will be provided:
Title 400, Chapter 401 (Water) and Chapter 402 (Sewer): The Community
Development Director pointed out that a certain approved amendment to these
sections was not included in the draft; that correction is indicated in the new
pages to be inserted into your books;
Chapter 218, Fee Schedule: We are taking the list of fees out of the code; the
council approves a fee schedule annually, by ordinance.
- Chapter 203, Council Compensation: Per council request, within Section
203.01, subd. 3, delete the reference to $40 and indicate that the amount will
be determined with the council salaries;
Chapter 207, Personnel Policy: The council recently approved a change to
Section 207.05 regarding Background Checks per new BCA requirements;
- Chapter 601, Licenses: The council recently approved a change to Section
601.05 regarding Background Checks per new BCA requirements;
Chapter 503, Animal Control. The council approved changes within this
chapter to allow up to three dogs without a kennel license;
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The City Code Update process includes the presentation of certain chapters with a more
thorough explanation and council review of proposed changes. At this point, the council
has reviewed the following Chapters:
101. City Code
216. Campaign Regulations
602. Regulating the Sale of Tobacco & Tobacco Products
611. Lawful Gambling
613. Transient Merchants, Peddlers, Canvasser and Solicitor
At the February work session, staff will present the following:
216. Campaign Regulations — This chapter was reviewed at the January
work session. Based on that discussion, staff will be further explaining the
campaign finance reporting process. The recommendation for this chapter is
that the city utilize the state regulations that are already in place.
701 and 702 Liquor and Beer Licensing - These chapters have been
reviewed and staff will be presenting updates that include the
recommendations of the code attorney and the state alcohol enforcement
division.
Chapters remaining for review are 612 regarding Pawnbrokers, Precious Metal Dealers
and Secondhand Goods Dealers, and 614 regarding Adult Use.
Attachments
The proposed update to Chapters 701 and 702 (Liquor and Beer) is attached for your
review.
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TITLE 700: LIQUOR AND BEER
• Chapter
701. LIQUOR LICENSING
702. BEER LICENSING
703. CABARET LICENSING
•
CHAPTER 701: LIQUOR LICENSING
Section
701.01 State liquor licensing law
701.02 License required
701.03 Application for license
701.04 License fees
701.05 Granting of license
701.06 Persons ineligible for license
701.07 Places ineligible for license
701.08 Conditions of the license
701.09 Restrictions on purchase and consumption
701.10 Revocation, denial or suspension
701.11 Nudity on premises of licensed establishments prohibited
§ 701.01 STATE LIQUOR LICENSING LAW.
(1) Provisions of state law adopted. The provisions of M.S. Ch. 340A, as it may be
amended from time to time, with reference to definitions of terms, applications for license,
granting of license, conditions of license, restriction on consumption, provision of sales,
conditions of bonds of license, hours of sales, and all other matters pertaining to the retail sale,
distribution and consumption of intoxicating liquor, are hereby adopted and made a part of this
chapter as if fully set out herein. It is the intention of the city council that all future amendments
to M.S. Ch. 340A are hereby adopted by reference or referenced as if they had been in existence
at the time this ordinance is adopted.
(2) City may be more restrictive than state law. The Council is authorized by the provisions
of M.S. § 340A.509, as it may be amended from time to time, to impose, and has imposed in this
chapter, additional restrictions on the sale and possession of alcoholic beverages within its limits
beyond those contained in M.S. Ch. 340A, as it may be amended from time to time.
(Prior Code, § 701.01) (Am. Ord. 13 -02, passed 10 -28 -2002)
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§ 701.02 LICENSE REQUIRED.
(1) General requirements. 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, expirinq on June 31 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-6 7 kinds:
(a) On -sale;
(b) On -sale wine;
(c) Off -sale;
(d) Club license;
(e) Sunday on -sale;
(f) Temporary set -up license; and
(q) Temporary on -sale.
EXPLANATION: ADDED LANGUAGE CLARIFIES OUR CITY'S LICENSING PERIOD.
ADDED "TEMPORARY ON- SALE" LICENSE IS ONE THAT THE CITY SIGNS OFF ON BUT
IT WAS MISSING FROM OUR ORDINANCE.
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 ordinance, 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 ordinance unless it meets the definitions of an establishment
under M.S. 157.16.
EXPLANATION: LEAGUE RECOMMENDS THAT THE TERM "RESTAURANT" BE
DEFINED
(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
Lino Lakes - Liquor and Beer
have facilities for seating at least 25 quests 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
section 701.02 subd 1 of this ordinance and shall permit only the sale of wine not exceeding
14% alcohol by volume for consumption on the licensed premises and 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. § 34044404, S-u-b4 a
340A.440, Subd. 5 as it may be amended from time to time.
(4) Off -sale license. Off -sale licenses shall be issued only to exclusive liquor stores and
shall permit off -sale of liquor only.
(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 10 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 section 701.02, subd 1 of this ordinance, and which has an on -sale
license and shall permit on -sale of liquor on Sunday in conjunction with the serving of meals only
{�}
EXPLANATION: DELETED "COMBINATION LICENSE" BECAUSE IT CAN ONLY BE
ISSUED IN CITIES UNDER 10,000 IN POPULATION.
(8-) (7) Temporary setup license. A 1 -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 10 licenses shall be issued in the city
in any year. The fee for the license shall be $26- 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 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.
EXPLANATION: THE CITY ALREADY ISSUES THIS TYPE OF LICENSE; DEFINITION IS
PROVIDED BY THE LEAGUE OF MINNESOTA CITIES
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Liquor Licensing
(8) Licenses - reseed, 424--the- number of on sale liquor licenses that the -4st owed 4e
issue under M.S. § 310A.413, as may-be- d +me 4e- time, -3- licenses -shall--be
reserved -for -the -following- uses 1e the specified Iocat;ions only: -2- shall' -be issued only 4e
restaurants -of hotels Center area at 135W; 4 shall
the 1 35E and-Main-Street business
area. These areas are
serve meals e at t blee4e
guests ,at one time, and at- least 50% e#- gross revenue -shall-be-from 4h-e- servingef food-and
nen alseholie beverages.
p athing thatttth�e establishment meets -thi rev _requirement
(Prior Code, § 701.`^0 "2`)) (Am Ord 3 -83. passed 7 -11 -1983; Am Ord. 13 -99, passed 6 -14 -1999;
Am. Ord. 05 -04, passed 3 -22 -2004)
EXPLANATION: DELETED PER COMMUNITY DEVELOPMENT= LANGUAGE IS NO
LONGER NEEDED
§ 701.03 APPLICATION FOR LICENSE.
(1) Forms.
(a)
name, date of birth, representations -as-
which will ,
eperaferef4he business,- bow -long the ' ,and - ny
ether-information-as-the the Council require fry - tom to time-
information,-the
and shall be verified an/i
application.
-and -oast
with references -as --the
(a) Form. Every application for a license issued under this ordinance shall be on a form
provided by the city. Every application shall state the name of the applicant, the applicant's aqe,
representations as to the applicant's character, with references as the Council may require, the
type of license applied for, the business in connection with which the proposed license will
operate and its location, a description of the premises, whether the applicant is owner and
operator of the business, how long the applicant has been in business at that place, and other
information as the Council may require. An application for an on -sale intoxicating liquor license
shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the
information required in this section. The form shall be verified and filed with the city. No person
shall make a false statement in an application.
EXPLANATION: THIS IS MODEL CODE LANGUAGE THAT IS SOMEWHAT CLEARER
AND UP TO DATE.
Lino Lakes - Liquor and Beer
(b) Description of premises. The application shall specifically describe the compact and
contiguous premises within which liquor may be dispensed and consumed. Sale and
consumption of intoxicating liquors on premises with an on -sale license is limited to within the
building at the address designated on the license unless the license specifically grants
permission for sale and consumption outside of the building. Any area outside of the building
where liquor will be served, such as a patio, garden or sidewalk area, must be described on the
license, must be contiguous to the building, and must be covered by liability insurance. The
description may not include any parking lot or sidewalk Any outdoor serving area shall require a
conditional use permit.
EXPLANATION: TIGHTENS OUR REGULATIONS
(2) Liability insurance. Prior to the issuance of a liquor license, or a wine license, the
applicant shall file with the City Clerk a liability insurance policy in the minimum amount of
$100,000 coverage for 1 person, and $300,000 coverage for more than 1 person, which shall
comply with provisions of M.S. § 34042, 340A.409 as it may be amended from time to time,
relating to the liability insurance policies. If--a-liability -insurance poIicy4s- e-subject te-all -t e
conditions -ef-a bend -under-that statute, the policy Abe accepted-by #Jhe- c
bend required under thieb+yision. The liability insurance policies shall further provide that no
cancellation of the same for any cause can be made either by the insured or the insurance
company without first giving 10 days notice to the city in writing. The operation of a licensed
premises without having on file at all times with the city the required liability insurance policy shall
be grounds for immediate revocation of license.
(Prior Code, § 701.03) (Am. Ord. 08 -91, passed 5 -28 -1991; Am. Ord. 13 -99, passed 6 -14 -1999)
EXPLANATION: CODE ATTORNEY ADVISES THAT THE STRICKEN LANGUAGE IS
NO LONGER LEGAL; FYI, OUR REQUIREMENTS ARE HIGHER THAN THOSE IN STATE
STATUTE AND THAT IS ALLOWED.
§ 701.04 LICENSE FEES.
(1) Amounts. The annual fee for liquor licenses shall be as stated in the annual fee
schedule ordinance adopted by the City Council. The license fee may not exceed the cost of
issuing the license and other costs directly related to the enforcement of the liquor laws and this
chapter. No liquor license fee shall be increased without providing mailed notice of a hearing on
the proposed increase to all affected licensees at least 30 days before the hearing.
EXPLANATION: RECOMMENDED LANGUAGE FROM MODEL CODE,
(2) Payment. Each application for a liquor license shall be accompanied by a
the-G -GleFk- fef-payment in full of the license fee and the fixed investigation fee required under
§ 701.05(1). All fees shall be paid into the general fund. If an application for a license is
rejected, the City Clerk shall refund the amount paid as the license fee.
(3) Term, pro -rata fee. Each license shall be issued for a period of 1 year, except, that if the
application is made during the license year, a license may be issued for the remainder of the
year for a pro -rata fee with any unexpired fraction of a month being counted as 1 month. Every
license shall expire on the last day of June.
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Liquor Licensing
(4) Refunds. No refund of any fee shall be made except as authorized by state statute A
refund of a pro rata share of an annual license fee may occur only if authorized by M.S.
340A.408, Subd. 5, as it may be amended from time to time.
UPDATED LANGUAGE
§ 701.05 GRANTING OF LICENSE.
(1) Investigation, 1flitoat a lication #e a license, -applieatieR-4o transfer of
existing license, the applicant -shall-pay, -with his- er her application, an investigation -fee-as
conduct -a- eliminary
background and financial ' - - - - _ - • - - - - ' - - The application, - at case, -shall--be
made - -#erg- prescribed by -the-Bur-eau- sef--Cr-inlinal- Apprehension- al: dwith additional
egaire. 44f4 cil deems it in the
it shall so determine. 4n
ef- the- applicant is necessary, investigation itsel€-through-1he
criminal- nviestigatien-#er4he-investigation -Ne-.4icertse
required,
exceed $10,000. It shall be paid-- by-the
The fees required under this
section - shailbe payable by- he the license is ed.
(1) Preliminary background and financial investigation. On an initial application for a license
on an application for transfer of a license and, in the sound discretion of the council that it is in
the public interest to do so, on an application for renewal of a license, the city shall conduct a
preliminary background and financial investigation of the applicant or it may contract with the
Commissioner of Public Safety for the investigation. The applicant shall pay with the application
an investigation fee that is established in the city's fee schedule, which shall be in addition to any
license fee. The results of the preliminary investigation shall be sent to the Commissioner of
Public Safety if the application is for an on -sale liquor license or an on -sale wine license.
(2) Comprehensive background and financial investigation. If the results of a preliminary
investigation warrant, in the sound discretion of the council, a comprehensive background and
financial investigation, the council may either conduct the investigation itself or contract with the
Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive
background and financial investigation shall be the same amount as the fee established for the
preliminary investigation, unless the investigation is required out of the state in which case the
fee shall be '.10 000. The unused balance of the fee for a com • rehensive background and
financial investigation shall be returned to the applicant whether or not the application is denied.
The fee shall be paid by the applicant and in advance of any investigation and the amount
actually expended on the investigation shall not be refundable in the event the application is
denied. The results of the comprehensive investigation shall be sent to the Commissioner of
Public Safety if the application is for an on -sale liquor license or an on -sale wine license.
EXPLANATION: UPDATED LANGUAGE FROM MODEL CODE
Lino Lakes - Liquor and Beer
(b) Inspection of premises. The applicant shall at all times permit the health officers and
representatives of the Police and Fire Departments to inspect and examine the place of business
described in the application, together with all appliances, instruments or equipment used or to be
used in the conduct of the business for which the license is sought, and any refusal on the part of
the applicant to permit the inspection or any false statement in the application shall be sufficient
ground for the refusal to issue the license or to revoke the same after issuance thereof.
(2) Hearing and issuance. The Council shall investigate all facts set out in the application
and not investigated in the preliminary background and financial investigation ceF1ductod
pufsuant {4} Opportunity shall be given to any person to be heard for or against the
granting of the license. After the investigation and hearing, the Council shall, in its discretion,
grant or refuse the application. No on -sale, on -sale wine license, off -sale license, or club license
shall become effective until it, together with the security furnished by the applicant has been
approved by the Commissioner of Public Safety.
(3) Transfers. Each license shall be issued only to the applicant and for the premises
described in the application. No license shall be transferred to another person or place without
Council approval. An application to transfer a license shall be treated the same as an application
for a new license, and all of the provisions of this code applying to applications for a license shall
apply. The transfer of any stock of a corporate licensee shall be deemed a transfer of the
license, and any transfer of any stock without prior Council approval shall render the license void.
(4) Corporate license. Licenses may be issued to a partnership or a corporation.
(Prior Code, § 701.05) (Am. Ord. 13 -99, passed 6 -14 -1999)
(5) Council discretion. The Council in its sound discretion may either grant or deny the
application for any license or for the transfer or renewal of any license. No applicant has a right
to a license under this chapter.
EXPLANATION: NEW LANGUAGE FROM MODEL ORDINANCE
§ 701.06 PERSONS INELIGIBLE FOR LICENSE.
No license shall be granted to any person made ineligible for the license by state law. No
more than 1 intoxicating liquor license shall be directly or indirectly issued within the city to any 1
person.
(Prior Code, § 701.06) (Am. Ord. 13 -99, passed 6 -14 -1999)
§ 701.07 PLACES INELIGIBLE FOR LICENSE.
(1) General. No license shall be issued for any place of any business ineligible for a license
under state law.
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Liquor Licensing
(2) Delinquent taxes and charges. No license shall be granted for operation on any
premises for which taxes, assessments or other financial claims of the city are delinquent and
unpaid.
(3) Distance from school or church. No license shall be granted within 1,000 feet of any
school or within 1,000 feet of any church. The distance shall be measured from the main
entrance of the school or church to the main entrance of the applicant's place of business.
(a) For the purposes of the separation restriction in this division, a school is a building
that is principally used as a place where 25 or more persons receive a full course of educational
instruction and the educational instruction is provided on a daily basis by an established school
board or church. This does not include any post- secondary or post -high school educational
building, including any college or any vocational - technical college. Nor does the separation apply
to a daycare or early childhood facility, where children typically are under constant supervision
while at the facility and when traveling to and from the facility.
(b) The establishment of a school or church within the separation distance after an
original liquor license application has been granted shall not, in and of itself, render the premises
ineligible for renewal of the license.
(Prior Code, § 701.07) (Am. Ord. 13 -99, passed 6 -14 -1999)
§ 701.08 CONDITIONS OF THE LICENSE.
(1) General. Every license is subject to the conditions in the following divisions and all other
provisions of this chapter, and of any other applicable ordinance, state law, or regulation.
(2) Licensee responsibility. Every licensee shall be responsible for the conduct of his or her
place of business and the conditions of sobriety and order in it. The act of any employee on the
licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as
well, and the licensee shall be liable to all penalties provided by ordinance, statute, or regulation
equally with the employee.
(3) Inspections. Every licensee shall allow any peace officer, health officer or properly
designated officer or employee of the city to enter, inspect, and search the licensed premises
during business hours without a warrant.
(4) Display hours. No on -sale establishment shall display liquor to the public during hours
when the sale of liquor is prohibited.
(5) Federal stamps. No licensee shall possess a federal wholesale liquor dealers special tax
stamp or a federal gambling stamp.
(6) Minors on Premises. No person under the age of 18 years shall be employed in any
rooms constituting the place in which liquors are sold at retail on sale, except that persons under
the age of 18 may be employed as musicians or to perform the duties of a bus person, host or
Lino Lakes - Liquor and Beer
dishwashing services in places defined as a restaurant, hotel, motel or other multi - purpose
building serving food in rooms in which liquors are sold at retail on sale.
EXPLANATION: NEW LANGUAGE TAKEN FROM MODEL ORDINANCE
§ 701.09 RESTRICTIONS ON PURCHASE AND CONSUMPTION.
(1) Liquor in unlicensed places. No person shall mix or prepare liquor for consumption in
any public place or place of business unless it has a license to sell liquor on -sale or a permit from
the Commissioner of Public Safety under M.S. § 340.11 -9 340A.414 as it may be amended from
time to time. No person shall consume liquor in any place, unless licensed or permitted.
(2) Consumption in public places. I>l -eensurne'
highway -e-r No person shall consume intoxicating liquor in
a public park, on any public street, sidewalk, parking lot or alley, or in any public place other than
on the premises of an establishment licensed under this chapter, or where consumption and
display of liquor is lawfully permitted.
EXPLANATION: UPDATED LANGUAGE TAKEN FROM MODEL ORDINANCE,
(3) Hours. No on -sale or off -sale of liquor shall be made, nor any licensed premises be
occupied, after 2:00 a.m. on Sunday nor until 8:00 a.m. on Monday, except that a holder of a
Sunday on -sale license may sell liquor between 10:00 a.m. on Sunday and 2:00 a.m on
Mondays. No on -sale shall be made between the hours of 2:00 a.m. and 8:00 a.m. on any
weekday. No on -sale shall be made after 8:00 p.m. on December 24. No off -sale shall be made
before 8:00 a.m. or after 10:00 p.m. of any day except that no off -sale shall be made on
December 24 after 8:00 p.m. No off -sale shall be made on New Year's Day, January 1;
Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25.
(Am. Ord. 02 -05, passed 6 -13 -2005)
(4) Vacation of premises. No licensee shall permit any person other than his or her
employees to remain on the licensed premises more than 30 minutes after the time during which
sales of liquor may legally be made. No person other than the licensee or his or her employees
shall remain on the licensed premises more than 30 minutes after the time during which sales of
liquor may legally be made. The presence of any person other than the licensee or his or her
employees within, entering or leaving the premises more than 30 minutes after the time during
which liquor may legally be sold shall be prima facie evidence of violation of this division. For
purposes of this division, PREMISES shall mean any portion of the address or legal description
to which the license is issued, including, but not limited to, the entire land area of the parcel, the
interior or exterior of buildings or portions of buildings thereon, any entrance ways into any
buildings, any sidewalk, parking lots, whether paved or not, and any adjoining unimproved land
areas in the parcels.
§ 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:
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Liquor Licensing
(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.
(2) Notice. Except in the case of a suspension pending a hearing on revocation, 10 days
written notice of suspension or revocation shall be given to the licensee. The notice shall contain
the date, time, and place of the hearing as well as the nature of the charges against the license.
Except in the cases of lapse 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, M.S. ss 14.57 to 14.70, as it may be amended from time to time.
The Council may act as the hearing body under that act, or it may contract with the Office of
Hearing Examiners for a hearing officer.
EXPLANATION: CODE ATTORNEY RECOMMENDS THE ADDITION OF THIS
LANGUAGE; CITING THAT THESE ARE REQUIREMENTS OF STATE LAW
(3) 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.
(Prior Code, § 701.10) (Am. Ord. 13 -02, passed 10 -28 -2002)
701.11 NUDITY ON THE PREMISES OF LICENSED ESTABLISMENTS PROHIBITED
•The City Council finds that it is in the best interests of the public health, safety, and general
welfare of the people of the city that nudity is prohibited as provided in this section on the
premises of any establishment licensed under this chapter. This is to protect and assist the
owners, operators, and employees of the establishment, as well as patrons and the public in
Lino Lakes - Liquor and Beer
general, from harm stemming from the physical immediacy and combination of alcohol, nudity,
and sex. The Council especially intends to prevent any subliminal endorsement of sexual
harassment or activities likely to lead to the possibility of various criminal conduct, including
prostitution, sexual assault, and disorderly conduct. The Council also finds that the prohibition of
nudity on the premises of any establishment licensed under this chapter, as set forth in this
section, reflects the prevailing community standards of the city.
It is unlawful for any licensee to permit or allow any person or persons on the licensed
premises when the person does not have his or her buttocks, anus, breasts, and genitals
covered with a non- transparent material. It is unlawful for any person to be on the licensed
premises when the person does not have his or her buttocks, anus breasts, and genitals
covered with a non - transparent material.
A violation of this section is a misdemeanor punishable as provided by law, and is
justification for revocation or suspension of any liquor, wine or 3.2 percent malt liquor license or
the imposition of a civil penalty under the provisions of Section
EXPLANATION: CODE ATTORNEY RECOMMENDS ADDING THIS MODEL LANGUAGE
CLERK'S NOTE: THIS APPEARS TO BE A COMMON RESTRICTION IN LIQUOR
REGULATIONS (CIRCLE PINES, FOREST LAKE, BLAINE)
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Beer Licensing
CHAPTER 702: BEER LICENSING
Section
702.01 Definitions
702.02 License required
702.03 Applications
702.04 License fees
702.05 Granting of license
702.06 Persons ineligible for license
702.07 Places ineligible for license
702.08 Conditions of the license
702.09 Closing hours
702.10 Clubs
702.11 Restrictions on purchase and consumption
702.12 Revocation, denial or suspension
§ 702.01 DEFINITIONS.
• For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
BEER. or -3 % MA T L QUOR. Any malt beverage with an alcoholic content of more than
0.5% by volume and not more than 3.2% by weight.
BEER STORE. An establishment for the sale of beer, cigars, cigarettes, all forms of
tobacco, beverages and soft drinks at retail.
(Prior Code, § 702.01)
§ 702.02 LICENSE REQUIRED.
(1) Licenses. No person, except wholesalers and manufacturers to the extent authorized by
law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within
the city without first having received a license as hereinafter provided. Licenses shall be of 3
kinds:
(a) Regular on -sale;
(b) Temporary on -sale; and
(c) Off -sale.
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Lino Lakes - Liquor and Beer
(2) Regular on -sale. Regular on -sale licenses shall be granted 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 of
beer for consumption on the premises only.
EXPLANATION: GOLF COURSE IS INCLUDED IN MODEL CODE (CHOMONIX
ALREADY HAS THIS TYPE OF LICENSE)
(3) Temporary on -sale. Temporary on -sale licenses shall be granted only to bona fide clubs
and charitable, religious, and non - profit organizations for the sale of beer for consumption on the
premises only.
(4) Off -sale. Off -sale licenses shall permit the sale of beer at retail, in the original package
for consumption off the premises only.
(Prior Code, § 702.02)
§ 702.03 APPLICATIONS.
(1) Every application for a license to sell beer shall be on a form supplied by the city and
shall state full first, middle and last name, date of birth, representations as to his or her character,
with references as the Council may require, his or her citizenship, the type of license applied for,
any business in connection with which the proposed license will operate, the location proposed
for the licensed premises, whether the applicant is the owner and operator of the business, how
long he or she has been in business at that location, and any other information as the Council
may require. Each application shall be verified, and filed with the City Clerk. No person shall
make false statement in an application.
(2) Liability insurance. Prior to the issuance of a liquor license, or a wine license, the
applicant shall file with the City Clerk a liability insurance policy in the minimum amount of
$100,000 coverage for 1 persons and $300,000 coverage for more than 1 person, which shall
comply with provisions of M.S. § 340A.409, as it may be amended from time to time, relating to
the liability insurance policies. The liability insurance policies shall further provide that no
cancellation of the same for any cause can be made either by the insured or the insurance
company without first giving 10 days notice to the city in writing. The operation of a licensed
premises without having on file at all times with the city the required liability insurance policy shall
be grounds for immediate revocation of license.
EXPLANATION: The current regulations include this requirement for liquor liability
insurance for liquor licenses but not beer /3.2 licenses that are issued by the city — this
adds the requirement for beer /3.2
§ 702.04 LICENSE FEES.
(1) Payment required. Each application for a license shall be accompanied by a receipt
from the City Clerk -far payment in full of the required fee for the license. All fees shall be paid
into the general fund of the city. Upon rejection of any application for a license, the City Clerk
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Beer Licensing
shall refund the amount paid.
(2) Expiration; pro rata fees. Every license except a temporary license shall expire on the
last day of June in each year. Each license, except a temporary license, shall be issued for a
period of 1 year, except that if a portion of the license year has elapsed when the license is
granted, the license shall 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 1 month. A temporary license
shall be issued for a specific period in which a special event to which the sale is incident is being
held and the period shall be stated on the license.
(3) Fees. The annual fee for beer licenses shall be as stated in the annual fee schedule
adopted by the City Council.
(4) Refunds. Ne--refu-nel--e# fee shall be-made exccpt as authorized by statetatute A
refund of a pro rata share of an annual license fee may occur only if authorized by M.S.
340A,408, Subd. 5, as it may be amended from time to time
(Prior Code, § 702.04) (Am. Ord. 13 -02, passed 10 -28 -2002)
§ 702.05 GRANTING OF LICENSE.
(1) Investigation and hearing. The 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 Council shall grant or refuse the application
in its discretion.
(2) Transfers. Each license shall be issued to the applicant only and shall not be
transferable to another holder. Each license shall be issued only for the premises described in
the application. No license may be transferred to another place without the approval of the
Council.
(Prior Code, § 702.05)
§ 702.06 PERSONS INELIGIBLE FOR LICENSE.
No license shall be granted to or held by any person who:
(1) Is under 21 years of age;
(2) Has within 5 years prior to the application for the license, been convicted of a felony, or
of violating any law of this state or local ordinance relating to the manufacture, sale, distribution,
or possession for sale or distribution of intoxicating liquors, and cannot show competent evidence
under M.S. § 364.03, as it may be amended from time to time, of sufficient rehabilitation and
present fitness to perform the duties of a beer licensee;
(3) Is a manufacturer of beer or is interested in the control of any place where beer is
Lino Lakes - Liquor and Beer
manufactured;
(4) Is an alien or a non - resident of the state;
(5) Is not of good moral character;
(6) Is or during the period of this license becomes the holder of a federal retail liquor dealer's
special tax stamp for the sale of intoxicating liquor at any place unless there has also been
issued to him or her a local license to sell intoxicating liquor at a place; or
(7) Is not the proprietor of the establishment for which the license is issued.
(Prior Code, § 702.06) (Ord. 13 -99, passed 6 -14 -1999)
702.07 PLACES INELIGIBLE FOR LICENSE.
(1) Conviction or revocation. No license shall be granted for sale on any premises where a
licensee has been convicted of the violation of this chapter, or of the state beer or liquor law, or
where any license hereunder has been revoked for cause until 1 year has elapsed after the
conviction or revocation.
(2) Amusement places. No license shall be granted for any theater, recreation hall or
center, or licensed dance hall.
(3) Delinquent taxes and charges. No license shall be granted for any premises for which
taxes, assessments, or other financial claims of the city are unpaid.
(Prior Code, § 702.07)
§ 702.08 CONDITIONS OF LICENSE.
(1) General conditions. 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.
(2) Sales to minors person under 21 years of aqe or intoxicated persons. No beer shall be
sold or served to any intoxicated person or to any per person under 21 years of aqe.
(3) Consumption by miners person under 21 years of aqe. No person under the age of 21
shall be permitted to consume beer on the licensed premises.
(4) Employment of minors person under 18 years of aqe No person under 18 years of age
shall -be- em.pleyed on the - premises. of a beer store. who is employed on the premises of a beer
store shall be allowed to participate in the sale of beer..
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Beer Licensing
(5) Gambling. No gambling or any gambling device shall be permitted on any licensed
premises.
EXPLANATION: CURRENT REGULATIONS WOULD NOT ALLOW PERSONS UNDER
THE AGE OF 18 TO WORK AT A LICENSED ESTABLISHMENT (CURRENT LICENSEES ARE
TARGET, BOBBY & STEVE'S AUTO WORLD, CHOMONIX GOLF COURSE), CHANGE
WOULD DISALLOW THOSE UNDER 18 FROM SELLING BEER/3.2 PRODUCTS;
(6) Interest of manufacturers or wholesalers. No manufacturer or wholesaler of beer shall
have any ownership of or interest in an establishment licensed to sell at retail contrary to the
provisions of M.S. § 340.031, as it may be amended from time to time. No retail licensee and
manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail
licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer and
no manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee.
(7) Liquor dealer's stamp. No licensee shall sell beer while holding or exhibiting in the
licensed premises a federal retail liquor dealer's special tax stamp unless he or she is licensed
under the laws of Minnesota to sell intoxicating liquors.
(8) Sales of intoxicating liquor. No licensee who is not also licensed to sell intoxicating liquor
and who does not hold a consumption and display permit shall sell or permit the consumption or
display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of
mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of a licensee
shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and
the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie
evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this
chapter.
(9) Inspections. Every licensee shall allow any peace officer, health officer, or properly
designated officer or employee of the city to enter, inspect, and search the licensed premises
during business hours without a warrant.
(10) Licensee responsibility. Every licensee shall be responsible for the conduct of his or her
place of business and shall maintain conditions of sobriety and order. The act of any employee
on the licensed premises authorized to sell beer there is deemed the act of the licensee as well,
and the licensee shall be liable to all penalties provided by ordinance, statute, or regulation
equally with the employee.
(11) Banquet rooms. A regular on -sale license shall entitle the holder to serve beer in a
separate room of the licensed premises for banquets or dinners at which are present not fewer
than 6 persons.
(Prior Code, § 702.08) (Ord. 13 -99, passed 6 -14 -1999; Am. Ord. 13 -02, passed 10 -28 -2002)
Lino Lakes - Liquor and Beer
§ 702.09 CLOSING HOURS.
Nesa le of-beer shall be made, nere#altanyticensed premises be - occu-piedi- ae-any ay
between- the laeureet 1-+00 a,m. and 12 :00 noon -ROC- between-the--ho of 4-=00` a.m, and-:00
p eft the ay of any state wide election. - Nesale shall be made efivc ween- the hours of 4+00
am-a4 X00 a.m. ef} any -ether ay-
(Prior Code, § 702.10)
The hours of operation and days of sale shall be those set by M.S. § 340A.504, as it
may be amended from time to time, except that the City Council may, by resolution or
ordinance, provide for more restrictive hours than state law allows
EXPLANATION: RECOMMENDED BY POLICE CHIEF; THIS IS COMMON LANGUAGE
IN CITY CODES.
§ 702.10 CLUBS.
No club shall sell beer except to members and to guests in the company of members.
§ 702.11 RESTRICTIONS ON PURCHASE AND CONSUMPTION.
(1) Age misrepresentation. No miner person under 21 years of age shall misrepresent his or
her age for the purpose of obtaining beer.
(2) Inducing purchase. No person shall induce a minor person under 21 years of aqe to
purchase or procure beer.
(3) Procurement. No person ether Mardian shall procure beer for
any minor person under 21 years of aqe.
(4) Possession. No minor person under 21 years of aqe shall have beer in his or her
possession with the intent to consume it at a place other than the household of his or her parent
or guardian.
(5) Consumption. No person miner- under the age of 21 shall consume alcoholic beverages
unless in the household of the parent or guardian and with the consent of the parent or guardian.
(6) Consumption prohibited; where. No beer shall be consumed in any theater, recreation
hall or center, or dance hall.
(7) Liquor consumption and display. No person shall consume or display any intoxicating
liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors or who
does not hold a consumption and display permit.
(Prior Code, § 702.11) (Am. Ord. 13 -02, passed 10 -28 -2002)
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Beer Licensing
§ 702.12 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 the 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 + -9s 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.
(2) Notice. Except in the case of a suspension or revocation pursuant to divisions (3) or (4),
10 days written notice of hearing on suspension or revocation shall be given to the licensee. The
notice shall contain the date, time, and place of the hearing as well as the nature of the charges
against the licensee. Except in the cases of lapse 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, M.S. ss 14.57 to 14.70, as it may be amended
from time to time. The Council may act as the hearing body under that act, or it may contract
with the Office of Hearing Examiners for a hearing officer.
EXPLANATION: CODE ATTORNEY RECOMMENDS THE ADDITION OF THIS
LANGUAGE; CITING THAT THESE ARE REQUIREMENTS OF STATE LAW
(3) Revocation without hearing. The license of any person who holds a federal retail liquor
dealer's special tax stamp without a license to sell intoxicating liquors at the place shall be
revoked without notice and without hearing.
(4) Suspension pending hearing. The Council may for cause and without advance notice
suspend any license pending a hearing for a period not to exceed 30 days.
(Prior Code, § 702.12) (Am. Ord. 13 -02, passed 10 -28 -2002)
Lino Lakes - Liquor and Beer
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Julie Bartell
From: Dan Tesch
Sent: Thursday, January 29, 2009 1:35 PM
To: j- bergeson @bethel.edu
Cc: Julie Bartell
Subject: Appointments
John
At your work session you will need to designate who you would like to receive a 1 year (remained of Karen Lodico's) and who
gets a full term. Either Tom Sanvick or Brian Menke. This can be discussed when you review the regular meeting agenda. Julie
will let me know Tuesday morning.
Thanks
Dan
PV"