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HomeMy WebLinkAbout2008-048 Council ResolutionCouncil MemberReinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-48 APPROVING ISSUANCE OF NEW OFF -SALE LIQUOR AND TOBACCO LICENSE FOR LINO LAKES LIQUOR BARREL AT 7997 LAKE DRIVE WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting on May 12, 2008, and; WHEREAS, the Lino Lakes City Council discussed approval of a new off -sale liquor license and tobacco license for Lino Lakes Liquor Barrel, Inc., d /b /a Liquor Barrel to be located at 7997 Lake Drive, Suite 120, and; WHEREAS, the Police Department of the City of Lino Lakes has conducted an investigation of the applicants, and; WHEREAS, the plans submitted by the license applicant have been reviewed by the Community Development Department and found to conform to land use regulations; and WHEREAS, Lino Lakes Liquor Barrel, Inc. is in compliance with City Code Section 701 concerning Liquor Licensing and Section 602 concerning Cigarette Sales, and qualifies for said licenses and; WHEREAS, the applicant has provided proof of insurance as required and paid the necessary fees; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves a new off -sale liquor license and tobacco license for Lino Lakes Liquor Barrel, Inc. subject to all the fees, provisions and conditions of the laws of the city, state and of the federal government and the applicant will comply with all said laws. Passed by the City Council of the City of Lino Lakes this 27th day of May, 2008. ATTE Juliann Bartell, City lerk John er• -son, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member o' Donnel find upon vote being taken thereon, the following voted in favor thereof: Reinert, O'Donnell, Stoltz, Gallup, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3A Julie Bartell, City Clerk May 27, 2008 Consider Adoption of Resolution No. 08 -48, Authorizing a new off -sale liquor license and tobacco license, for Lino Lakes Liquor Barrel, Inc, at 7997 Lake Drive Simple Majority (3/5 Vote Required) An application has been submitted by Lino Lakes Liquor Barrel, Inc., d /b /a Liquor Barrel, for a new off -sale liquor and tobacco license for a store to be located at 7997 Lake Drive, Suite 120 (in the commercial area between the existing Subway and Fast Break on Main). The application is complete, the related fees have been paid, a background check has • been completed and the required insurance verification provided. The applicant is aware that approval is subject to all the provisions and conditions of the laws of the city, state and federal government. In accordance with the Lino Lakes Code of Ordinances, Section 701 relating to Liquor Licensing and Section 602 relating to Cigarette Sales, this application requires approval by the City Council. On May 12, 2008, the City Council took action to table the off -sale liquor and tobacco license application of the Liquor Barrel in order to give further consideration to the license application. Following the meeting, staff encouraged council members to identify any needed information by May 20 in order for the requested information to be provided in the May 23 Weekly Report. The information requested and staff responses are included in the attached memorandum. ATTACHMENTS 1. Information requested by council members OPTIONS: 1. Approve Resolution No. 08 -48 authorizing issuance of new off -sale liquor and • tobacco license to Lino Lakes Liquor Barrel, Inc. 2. Deny Resolution No. 08 -48. • C IT ' �: -0 F KE Memorandum To: Council Members From: Gordon Heitke, City Administrator Julie Bartell, City Clerk Cc: Scott Baumgartner, City Attorney Date: May 23, 2008 Re: Response to Council questions re Off -Sale liquor application of Lino Lakes Liquor Barrel, Inc When consideration of the Liquor Barrel liquor license was tabled by the Council on May 12, 2008, staff requested that council members identify their questions. The information requests that were received and staff responses are noted below: Update on status of MGM liquor store Although the city has received no official notice of the closing of the MGM Wine & Spirits store at 709 Apollo Drive, the store is virtually empty and there is an eviction notice posted on the door. An application for renewal was sent to the license holder, Brownstone Liquors, with no response received to date. How many liquor stores are actually within one mile There are currently six active off sale liquor licenses (not included MGM), and two off sale 3.2 (beer) licenses, as indicated on the attached map. What other communities in the area have 1 mile restriction? A survey of surrounding communities provided the following information regarding their regulations on off -sale licenses: Blaine (pop. 54,927), 1 license per 7,000; only one license allowed within one - mile radius; New Brighton (pop. 22,325), 1 license per 5,000; only one license allowed within one mile radius; Shoreview (pop. 26,093), 1 license per 5,000; no restriction based on proximity to other stores; • • Coon Rapids (pop. 63,649), have Class A and Class B; Class A licenses limited to 6 and only one license allowed within one -mile radius; Forest Lake (pop 17,424), maximum of 10 licenses (currently have 6 issued); no restrictions based on population or proximity to other stores; White Bear Lake (pop. 24,723), no limitation on number or proximity other than state law; Anoka (pop. 18,076), municipal liquor only; More information on store (Liquor Barrel) Application has been made in the name of Lino Lakes Liquor Barrel, Inc., incorporated in the State of Minnesota as of 3/1/2008; Applicants indicate on their state application that they have an interest in two other liquor establishments: Centerville Liquor Barrel and Wiseguys Pizza & Pub in Centerville; Applicants indicate on their state application that they have not been rejected nor have they had a license revoked within the past five years, and have passed the city's background check process Minutes from council discussion relative to MGM license. Attached Copy of current liquor ordinance Attached COUNCIL MINUTES AUGUST 28, 2006 APPROVED 1 ITEM ACTION 2 3 Consideration of Expenditures: 4 5 August 28, 2006 (Check No. 77445 6 77580, $793,359.32) Approved 7 8 Centennial Fire District (Check No. 9 15302 — 15316, $21,177.96) Approved 10 11 August 9, 2006 Financial Retreat Minutes Approved 12 13 August 14, 2006 City Council Minutes Approved 14 15 16 FINANCE DEPARTMENT REPORT, AL ROLEK 17 18 There was no report from the Finance Department. 19 20 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 21 22 Consider Resolution No. 06 -138, Approving Off -Sale Liquor License for Brownstone Liquor, 4) 23 Inc., dba MGM Liquors, to Open Store at 709 Apollo Drive — City Clerk Bartell advised an 24 application has been submitted by Brownstone Liquors, Inc., d/b /a MGM Wine & Spirits, for a new 25 off -sale liquor and tobacco license for a store to be located at 709 Apollo Drive (existing building 26 within Lino Lakes Marketplace development. 27 28 City Clerk Bartell stated the application is complete, the related fees have been paid and the Lino 29 Lakes Police Department has conducted a background investigation. One concern has been raised by 30 Community Development staff regarding this application. The plans submitted for the liquor store 31 don't indicate adequate access for the deliveries the business will be receiving. The applicant will 32 need to demonstrate a suitable loading design as part of the building permit process. 33 34 Mr. Steve Bergman, Eagle Liquors, came forward and stated he does not see the need for another 35 liquor store in the area. He indicated Eagle Liquors is a family owned business and does a lot within 36 the community. Three liquor stores within a five -block area is too many. 37 38 Mr. Michael Keiffer, Attorney for Mr. Bergman, stated the Eagle Liquor store has been in business 39 for three years. It is a small family owned business. There are already two liquor stores in the area. 40 MGM is a big company and three stores that close will be difficult. The American dream will be put 41 to the test. The Eagle Liquor store can serve the community. This will end up being a very difficult 42 situation and there are other areas within the City that may provide a better location for another liquor 43 store. 44 2 COUNCIL MINUTES AUGUST 28, 2006 APPROVED I City Attorney Hawkins stated the City is obligated to look at the requirements in the zoning ordinance 2 and liquor ordinance. There are no restrictions regarding proximity of the similar businesses. It is 3 very clear that the City cannot be involved in the marketplace or fair competition of businesses. If all 4 requirements have been met there is nothing in the ordinances to deny the application. 5 6 Council Member Reinert moved to adopt Resolution No. 06 -138, as presented. Council Member 7 Stoltz seconded the motion. 8 9 Council Member Carlson requested the statement "The applicant is aware that approval is subject to 10 all the provisions and conditions of the laws of the city, state and federal government and will comply with all of them" is added to the resolution. 12 13 Council Member Reinert and Council Member Stoltz agreed to the addition for approval. 14 15 Motion carried unanimously. 16 17 Consider Accepting Donation from Centennial Firefighters Relief Assn. for 2006 Safety Camp - 18 Finance Director Rolek stated as has been done in past years, the Centennial Fire Relief Association 19 has made a contribution to the Centennial Fire District to defray the cost of the annual Safety Camp. 20 The method of funding for this is through charitable gambling proceeds. 21 22 Finance Director Rolek advised that in the past, the charitable gambling proceeds have been donated • 23 to and accepted by the City of Lino Lakes, as a participant in the joint powers agreement, and a check 24 in the same amount was issued to the Centennial Fire District for the purchase. 25 26 Council Member Carlson moved to accept the donation of charitable gambling proceeds from the 27 Centennial Firefighters Relief Association in the amount of $1,500 and authorize the issuance of a 28 check in the amount of $1,500 to the Centennial Fire District to defray the cost of the annual Safety 29 Camp. Council Member O'Donnell seconded the motion. Motion carried unanimously. 30 31 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 32 33 Approval to Establish a Drug Forfeiture Cash Reserve Fund to be used for Law Enforcement 34 Activities — Chief Pecchia advised the City receives drug forfeiture funds from time to time. Based 35 on the State Law and the Department's Policies and Procedures, these funds must be expended for 36 Law Enforcement purposes. It is the Department's goal to establish a cash reserve fund to use for the 37 purchase of illegal drugs, flash rolls, rewards for information leading to arrests and prosecution for 38 serious offenders. 39 40 Chief Pecchia stated the monies from this fund should only be disbursed upon the approval of the 41 Chief of Police or his designee. The amount and use of the funds for each transaction will be tracked 42 according to standard governmental accounting practices. The Department will utilize $5,000 from 43 its existing drug forfeiture fund to establish this account. • 44 3 Updated June 2005 700 Liquor and Beer 701. Liquor Licensing 701.01 Subdivision 1. Provisions of State Law Adopted. The provisions of Minnesota Statutes, Chapter 340, 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. Subdivision 2. City May be More Restrictive Than State Law. The Council is authorized by the provisions of M.S.A. § 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.A. Chapter 340A, as it may be amended from time to time. Amended by Ordinance No. 13 -02, 10/28/02 • 701.02 License Required. Subdivision 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. Liquor licenses shall be of six kinds: (1) On -Sale; (2) On -Sale Wine; (3) Off -Sale; (4) Club License; (5) Sunday On-Sale; and 6) Temporary Set -Up License. Amended by Ordinance 3 -83, passed 7/11/83. Subd. 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. Updated June 2005 Subd. 3. On -Sale Wine License. On -Sale Wine License shall be issued only to restaurants meeting the qualifications of Minnesota Statutes, Section 340.11, Subd. 20, and shall permit only the sale of wine not exceeding 14% alcohol by volume for consumption on the licensed premises only in conjunction with the sale of food. Subd. 3a. 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 Minnesota Statutes, Section 340A.404, subd. 5. Amended by Ordinance 05 -04, passed 03/22/04. Subd. 4. Off -Sale License. Off-Sale licenses shall be issued only to exclusive liquor stores and shall permit off -sale of liquor only. Subd. 5. Club License. Club licenses shall be issued only to incorporated clubs which have been in existence for fifteen 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. Subd. 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 thirty guests at one time and which has an on -sale license and shall permit on -sale of liquor on Sunday in conjunction with the serving of meals. Subd. 7. Combination License. A combination On -Sale and Off -Sale License shall be issued only to an exclusive liquor store. Subd. 8. 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 such licenses shall be issued in the city in any year. The fee for such license shall be $25.00. 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 No permit issued pursuant to this subdivision shall be valid unless first approved b the Commissioner of Public Safety. Amended by Ordinance No. 3 -83, passed 7/11/83. Subdivision 9. Licenses Reserved. Of the number of on -sale liquor licenses that the City is allowed to issue under Minnesota Statute 340A.413, three licenses shall be reserved for the following uses in the specified locations only two shall be issued only to restaurants or hotels with restaurants in the Town Center area at Lake Drive and I -35W; one shall be issued only to a restaurant or a hotel with a restaurant in the I -35E and Main Street business area. These areas are shown on the map in Section 701.11. These restaurants shall 2 Updated June 2005 have facilities to serve meals at tables to the general public and have seating capacity to serve a minimum of 50 guests at one time, and at least 50% of gross revenue shall be from the serving of food and non - alcoholic beverages. The City may require a statement signed by an independent certified public accountant attesting that the establishment meets this revenue requirement. Amended by Ordinance No. 13 -99, passed 6/14/99 701.03 Application for License. Subdivision 1. Forms. Every application for a license to sell liquor shall state the full first, middle and last name, date of birth, representations as to the applicant's character, with such references as the council may require, citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is the owner and operator of the business, how long the applicant has been in business at that location and such other information as the council may require from time to time. In addition to containing such information, the application shall be on the form prescribed by the Commissioner of Public Safety and shall be verified and filed with the city clerk. No person shall make a false statement in an application. 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. Any such outdoor serving area shall require a conditional use permit. Ordinance No. 13 -99, passed 6/14/99 Subd. 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 One Hundred Thousand ($100,000.00) Dollars coverage for one person, and Three Hundred Thousand ($300,000.00) Dollars coverage for more than one • person, which shall comply with provisions of Minnesota Statute Section 340.12 relating to the liability insurance policies. If a liability insurance policy is made subject to all the conditions of a bond under that Statute, the policy may be accepted by the council in lieu of the bond required under Subd. 2. Such 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 ten 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. Amended by Ordinance No. 08 -91, passed 5/28/91 701.04 License Fees. 3 Updated June 2005 Subdivision 1. Amounts. The annual fee for liquor licenses shall be as stated in the annual fee schedule adopted by the City Council. Ordinance No. 13 -99, passed 6/14/99 Amended by Ordinance No. 13 -02, 10/28/02 Subd. 2. Payment. Each application for a liquor license shall be accompanied by a receipt from the city clerk for payment in full of the license fee and the fixed investigation fee required under 701.05, Subd. 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. Amended by Ordinance No. 13- 02,10/28/02 Subd. 3. Term., Pro -Rata Fee. Each license shall be issued for a period of one 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 one month. Every license shall expire on the last day of June. Subd. 4. Refunds. No refund of any fee shall be made except as authorized by state statute. 701.05 Granting of License. Subdivision 1. Preliminary Investigation. On an initial application for an On -Sale License, and on application for transfer of an existing On -Sale License, the applicant shall pay, with his application, an investigation fee as established by the City Council in the annual fee schedule. The city shall conduct a preliminary background and financial investigation of the applicant. The application, in such case, shall be made on a form prescribed by the Bureau of Criminal Apprehension and with such additional information as the council may require. If the council deems it in the public interest to have an investigation made on a particular application for a renewal of an On -Sale License, it shall so determine. In any case, if the council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself through the Public Safety Director or contract with the Bureau of Criminal Investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the council that the issuance would not be in the public interest and safety. If an investigation outside the state is required, the applicant shall be charged the cost not to exceed Ten Thousand ($10,000.00) Dollars. It shall be paid by the applicant after deducting any initial investigation fee already paid. The fees required under this section shall be payable by the applicant whether or not the license is granted. Ordinance No. 13 -99, passed 6/14/99 4 • • Updated June 2005 Subdivision l.a. 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 such inspection or any false statement in the application shall be sufficient ground for the refusal to issue such license or to revoke the same after issuance thereof. Ordinance No. 13 -99, passed 6/14/99 Subd 2. Hearing and Issuance. The council shall investigate all facts set out in the application and not gated investigated in the preliminary background and financial investigation conducted pursuant to Subd. 1. 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. Subd. 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. 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. Subd. 4. Corporate License. Licenses may be issued to a partnership or a corporation. Amended by Ordinance No. 13 -99, passed 6/14/99 701.06 Persons Ineligible for License. No license shall be granted to any person made ineligible for such license by state law. No more than one intoxicating liquor license shall be directly or indirectly issued within the city to any one person. Amended by Ordinance No. 13 -99, passed 6/14/99 701.07 Places Ineligible for License. Subdivision 1. General. No license shall be issued for any place of any business ineligible for such a license under state law. 5 Updated June 2005 Subd. 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. Subd. 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. For the purposes of the separation restriction in this subdivision, a school is a building that is principally used as a place where twenty -five (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 doe 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. 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 such premises ineligible for renewal of the license. Amended by Ordinance No. 13 -99, passed 6/14/99 701.08 Conditions of the License. Subdivision 1. General. Every license is subject to the conditions in the following subdivisions and all other provisions of this chapter, and of any other applicable ordinance, state law, or regulation. Subd. 2. Licensee Responsibility. Every licensee shall be responsible for the conduct of his 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. Subd. 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. Subd. 4. Display Hours. No On -Sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited. Subd. 5. Federal Stamps. No licensee shall possess a federal wholesale liquor dealers special tax stamp or a federal gambling stamp. 6 • • • Updated June 2005 701.09 Restrictions on Purchase and Consumption. Subdivision 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 Minnesota State Statute, Section 340.119. No person shall consume liquor in any such place, unless licensed or permitted. Subd. 2. Consumption in Public Places. No person shall consume intoxicating liquor on a public highway or in a public park or other public place. Subd. 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 am. on Monday, except that a holder of a Sunday On -Sale license may sell liquor between 10 a.m. on Sunday and 2:00 a.m on Mondays. No on -sale shall be made between the hours of 2:00 am. 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 Thanksgiving Day; or Christmas Day, December 25. Amended by Ordinance No. 13 -83, 12/27/83. Amended by Ordinance No. 11 -89, 12/11/89. Amended by Ordinance No. 13- 02,10/28/02 Amended by Ordinance No. 02- 05,06/13/05 Subd. 4. Vacation of Premises. No licensee shall permit any person other than his employees to remain on the licensed premises more than thirty minutes after the time during which sales of liquor may legally be made. No person other than the licensee or his employees shall remain on the licensed premises more than thirty minutes after the time during which sales of liquor may legally be made. The presence of any person other than the licensee or his employees within, entering or leaving the premises more than thirty minutes after the time during which liquor may legally be sold shall be prima facie evidence of violation of this subdivision. For purposes of this subdivision, "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 such buildings, any sidewalk, parking lots, whether paved or not, and any adjoining unimproved land areas in such parcels. 701.10 Revocation, Denial or Suspension. Subdivision 1. General. 7 Updated June 2005 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 Minnesota Statutes, Chapter 364, as amended. (c) Conducting such licensed activity in such 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. (g) Failure to continuously comply with all conditions as required as precedent to the approval of the license. Amended by Ordinance No. 13 -02, 10/28/02 Subd. 2. Notice. ExcWt.the case of a suspensionven a"heatuig one; : evocation feYdays Nvritten notice of suspensionrr revocation chall be giSenIathe .hcenseeeef Said notice shall contain the date, time, and place of the hearing as well as the nature of the charges against the license. Subd. 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 thirty days. Amended by Ordinance No. 13 -02, 10/28/02 8 • Updated June 2005 702. Beer Licensing 702.01 Definitions. Subdivision 1. Beer. As used in this chapter, "beer" or "non- intoxicating malt liquor" means any malt beverage with an alcoholic content of more than one -half of one percent by volume and not more than three and two- tenths percent by weight. Subd. 2. Beer Store. "Beer store" means an establishment for the sale of beer, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail. 702.02 License Required. Subdivision 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 three kinds: (1) Regular "on-sale"; (2) Temporary "on-sale"; (3) "Off- sale." Subd. 2. Regular on -sale. Regular "on- sale" licenses shall be granted only to 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. Subd. 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. Subd. 4. Off -sale. "Off- sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. 702.03 Applications. 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 character, with such references as the council may require, his 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 has been in business at that location, and such 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. 9 Updated June 2005 Amended by Ordinance No. 13 -02, 10/28/02 702.04 License Fees. Subdivision 1. Payment Required. Each application for a license shall be accompanied by a receipt from the city clerk for 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 shall refund the amount paid. Amended by Ordinance No. 13 -02, 10/28/02 Subd. 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 one 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 such fee, any unexpired fraction of a month shall be counted as one 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 such period shall be stated on the license. Subd. 3. Fees. The annual fee for beer licenses shall be as stated in the annual fee schedule adopted by the City Council. Amended by Ordinance No. 13- 02,10/28/02 Subd. 4. Refunds. No refund of any fee shall be made except as authorized by state statute. 702.05 Granting of License. Subdivision 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 such investigation and hearing, the council shall grant or refuse the application in its discretion. Subd. 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. 10 Updated June 2005 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; Ordinance No. 13 -99, passed 6/14/99 (2) Has within five years prior to the application for such 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 Minnesota Statutes Section 364.03 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 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 a local license to sell intoxicating liquor at such place; (7) Is not the proprietor of the establishment for which the license is issued. 702.07 Places Ineligible for License. Subdivision 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 one year has elapsed after such conviction or revocation. Subd. 2. Amusement Places. No license shall be granted for any theater, recreation hall or center, or licensed dance hall. Subd. 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. 11 Updated June 2005 702.08 Conditions of License. • Subdivision 1. General Conditions. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this chapter and of any other applicable ordinance of the city or state law. Subd. 2. Sales to Minors or Intoxicated Persons. No beer shall be sold or served to any intoxicated person or to any person under 21 years of age. Ordinance No. 13 -99, passed 6/14/99. Subd. 3. Consumption by Minors. No person under the age of 21 shall be permitted to consume beer on the licensed premises. Amended by Ordinance No. 13 -02, 10/28/02 Subd. 4. Employment of Minors. No minor under 18 shall be employed on the premises of a beer store. Amended by Ordinance No. 13 -02, 10/28/02 Subd. 5. Gambling. No gambling or any gambling device shall be permitted on any licensed premises. Subd. 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 Minnesota Statutes Section 340.031. 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 such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. Subd. 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 is licensed under the laws of Minnesota to sell intoxicating liquors. Subd. 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 such 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. 12 Updated June 2005 Subd. 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. Subd. 10. Licensee Responsibility. Every licensee shall be responsible for the conduct of his 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. Subd. 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 six persons. 702.09 Closing Hours. No sale of beer shall be made, nor shall any licensed premises be occupied, on any Sunday between the hours of 1:00 A.M. and 12:00 Noon, nor between the hours of 1:00 A.M. and 8:00 P.M. on the day of any state wide election. No sale shall be made between the hours of 1:00 A.M. and 8:00 A.M. on any other day. 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. Subdivision 1. Age Misrepresentation. No minor shall misrepresent his age for the purpose of obtaining beer. Subd. 2. Inducing Purchase. No person shall induce a minor to purchase or procure beer. Subd. 3. Procurement. No person other than the parent or legal guardian shall procure beer for any minor. Subd. 4. Possession. No minor shall have beer in his possession with the intent to consume it at a place other than the household of his parent or guardian. Subd. 5. Consumption. No person 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. 13 Updated June 2005 Amended by Ordinance No. 13 -02, 10/28/02 Subd. 6. Consumption Prohibited -- Where. No beer shall be consumed in any theater, recreation hall or center, or dance hall. Subd. 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. 702.12 Revocation, Denial or Suspension. Subdivision 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 Minnesota Statutes, Chapter 364, as amended. (c) Conducting such licensed activity in such 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. (g) Failure to continuously comply with all conditions as required as precedent to the approval of the license. Amended by Ordinance No. 13 -02, 10/28/02 Subd. 2. Notice. Except in the case of a suspension or revocation pursuant to Subd. 3 or 4, ten 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. 14 • • Updated June 2005 Subd. 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 such place shall be revoked without notice and without hearing. Subd. 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 thirty days. 15 [ondeau Lake 53�= 53 11 1l 53 U •5 I IN IN 71--111• _ Wilkinson nLake OFF SALE LIQUOR LICENSES Off sale Liquor Licenses (7/1/2007 - 6/30/2008) 1. Lakes Liquor, Inc. d /b /a Lakes Liquor of Lino Lakes 7860 Lake Drive (55014) 2. LTV & Associates, Inc. d /b /a/ J &K Liquors 6013 Hodgson Road (55014) 3. Eagle Liquor and Tobacco, Inc. d /b /a Eagle Liquor and Tobacco 730 Apollo Drive, #190 (55014) 4. spirit Hills wine & Liquor, Inc. d /b /a Spirit Hills Wine & Liquor 6501 Ware Road (55014) 5. Brownstone Liquors, Inc. d /b /a MGM Wines & Spirits 709Apollo Drive (55014) 6. C.A. Wagner, Inc. d /b /a Miller's on Main 8001 Main St (55014) 7. Trapper's Bar & Grill, LLC d /b /a Trapper's 6810 Lake Drive (55014) Off Sale 3.2 Licenses (7/1/2007 - 6/30/2008) 8. Jason's Bobby & Steves 7090 21st Av S (55038) 9. Target Corporation d /b /a Super Target 749 Apollo Drive (55014) Proposed 10. Lino Lakes Liquor Barrel 7997 Lake Drive (55014) 0.25 0.5 1 1.5 N MAY 23, 2008 TKDA ENGINEERS • AH(HU -CIS • El ANNEHS Miles 2