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HomeMy WebLinkAbout2004-005 Council OrdinancesCITY OF LINO LAKES ORDINANCE NO. 05-04 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, BY ADDING SUBDIVISION 3A TO SECTION 701.02, LIQUOR AND BEER LICENSING, TO ALLOW THE SALE OF STRONG BEER WITHOUT AN ADDITIONAL LICENSE WHEN LICENSE HOLDER ALREADY HAS BOTH A WINE LICENSE AND A 3.2% BEER LICENSE IN LINO LAKES, AS PROVIDED FOR BY MINNESOTA STATUTES The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: The City Code of the City of Lino Lakes, Section 701, Liquor Licensing (under 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; (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. 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 XX/XX/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 it. No permit issued pursuant to this subdivision shall be valid unless first approved by the Commissioner of Public Safety. 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. This ordinance is effective upon passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this 12th day of April, 2004. The motion for the adoption of the foregoing ordinance was introduced by Council Member Carlson and was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Dahl, Reinert, Stoltz, Carlson, Bergeson The following voted against same: none John J. Bergeson, Mayor ATTEST: '' Ann Blair, City Clerk