HomeMy WebLinkAbout2002-013 Council OrdinancesCITY OF LINO LAKES
ORDINANCE NO. 13-02
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, SECTION 700,
LIQUOR AND BEER, MAKING LANGUAGE CHANGES, AND ALSO AMENDING CONDITIONS
OF REVOCATION, DENIAL, AND SUSPENSION OF LICENSES, AND ALLOWING ON -SALE
LIQUOR BEGINNING AT 10 A.M. ON SUNDAYS
The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain:
The City Code of the City of Lino Lakes, Section 700, Liquor and Beer, is amended as follows:
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;
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(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.
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. 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 it. No
permit issued pursuant to this subdivision shall be valid unless first approved by the
Commissioner of Public Safety.
Amended by Ordinance No. 3-83, passed 7/11/83.
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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
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.
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
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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
Subdivision 1.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
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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.
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.
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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.
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 1:00 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 a.m. on Sunday
and 1:00 a.m on Mondays. No on -sale shall be made between the hours of 1:00 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.
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
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.
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 pending a hearing on
revocation, ten days written notice of suspension or revocation shall be given to the licensee.
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
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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.
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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.
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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.
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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 110 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.
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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.
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�' 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.
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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.
This ordinance shall be effective immediately upon passage and publication.
Councilmember P o introduced the Ordinance and moved its adoption. The motion
for the adoption of the foregoing Ordinance was duly seconded by Councilmember Dec. ,
and upon roll call vote, the following voted in favor thereof:
The following voted against the same:
Whereupon said Ordinance was declared passed and adopted.
Passed by the City Council of Lino Lakes this (2. day of Nov , 2002.
Ann J. Blair, City Clerk
15
Jo n Berg son, Mayor