HomeMy WebLinkAboutFINAL ORDINANCE NO. 80-61CITY OF LAKE ELMO
WASHINGTON, COUNTY
SUMMARY OF ORDINANCE 80 61
RELATING TO LIQUOR WITHIN THE CITY OF LAKE ELMO
On December 17, 1991, the Lake Elmo City Council adopted
Ordinance 80- 61 relating to Liquor within the City of Lake
Elmo.
On December 17, 1991, the Lake Elmo City Council received a
summary of Ordinance 80- 61 and by 4 affirmative votes,
approved the publication of a summary of this ordinance, to
wit:
THE LAKE ELMO CITY COUNCIL ORDAINS THAT THE FOLLOWING
SECTIONS OF THE LAKE ELMO MUNICIPAL CODE ARE HEREBY AMENDED:
Section
Section
Section
Section
Section
Section
Section
Section
1201.010 (B)
1201.010 (H)
1201.010 (I)
1201.020
1201.030
1201.030 (A)-(C)
1201.040
1201.040 (A)-(D)
Section 1201.050
Section 1201.050 (A)
Section 1201.050 (B)
Section 1201.060
Section 1201.070
Section 1201.080
Section 1201.080 (A)
Section 1201.080 (B)
Section 1201.090
Section 1201.100
Section 1202.020 (A)
Defines "Sale" or "Sell"
Defines "Commissioner"
Defines "Wine"
Requires License to sell liquor
Defines 6 kinds of licenses
Defines On -Sale License, On -Sale
Wine License and Temporary On -Sale
Licenses.
Application of License
Defines Form of license, defines
requirement of bond; defines
financial responsibility; defines
approval of security.
Requires License Fees
Sets fees for Licenses
Allows for waiver of license fee
Granting of License
Defines persons ineligible for
license.
Defines places ineligible for
license.
General prohibition
Delinquent Taxes
Conditions of License
Restrictions on Purchasing/
Consumption
Prohibits the sale of nonintox-
icating liquor without a license.
THE LAKE ELMO CITY COUNCIL ORDAINS THAT THE FOLLOWING
SECTIONS ARE HEREBY ADDED TO THE LAKE ELMO MUNICIPAL CODE:
Section 1201.030 (D-F) Defines Off -Sale, Special Club and
Special Sunday Sales Licenses
Section 1201.050 (C-E) Requires payment for license,
allows for a pro rata fee, defines
provision for refunds.
Section 1201.060 (A-C)
Requires a preliminary investiga-
tion for license application, pro-
vides for a hearing process for
license applicant, provides the
terms for license transfer.
Section 1201.080 (C)
Defines the distance from schools
and churches for liquor license
Section 1201.090 (A-E)
General Conditions of license,
Insurance Requirements, Licensee
Responsibilities, Inspections
Section 1201.100 (A-B)
Restricts liquor in unlicensed
places, restricts consumption of
liquor in public places.
Section 1201.110
Sets forth the conditions for a
license suspension and revocation.
Section 1201.120 A (1-3)
Sets forth the hours for on -sale
liquor on Weekdays, Sundays, and
Holidays.
Section 1201.120 B (1-6)
Restricts the hours and days of the
sale of off -sale intoxicating
liquor.
Section 1202.010
Defines the sale or selling of
non -intoxicating malt liquor
Section 1202.020 A
Prohibits the sale of non -
intoxicating malt liquor without
a license.
A complete copy of Ordinance 80.61 Regulation of Liquor
within the City of Lake Elmo is on file in the office of the
city administrator and can be viewed by the public during
normal business hours.
Signed
David Johnson, Mp r
est:
Mary Kuef er, C44y Administrator
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
ORDINANCE NO. 80-61
AN ORDINANCE RELATING TO THE REGULATION OF LIQUOR WITHIN THE
CITY OF LAKE ELMO.
THE LAKE ELMO CITY COUNCIL ORDAINS THAT SECTIONS 1201.010(B),
1201.010(H), 1201.010(1), 1201.020, 1201.030, 1201.030(A) THRU (C),
1201.040, 1201.040(A) THRU (D), 1201.050, 1201.050(A), 1201.050(B),
1201.060, 1201.070, 1201.080, 1201.080(A), 1201.080(B), 1201.090,
1201.100 and 1202.020(A) OF THE LAKE ELMO MUNICIPAL CODE ARE HEREBY
AMENDED; AND SECTIONS 1201.030(D) THRU (F), 1201.050(C) THRU (E),
1201.060(A) THRU (C), 1201.080(C), 1201.090(A) THRU (E),
1201.100(A), 1201.100(B), 1201.110, 1201.120 AND ITS SUBDIVISIONS,
1202.010(L), AND 1202.020(A) ARE HEREBY ADDED TO THE LAKE ELMO
MUNICIPAL CODE TO READ AS FOLLOWS:
1201.010(B). "Sale" or "Sell" means to directly or
indirectly, by any pretense or by any device, sell, barter, keep
for sale or otherwise dispose of alcoholic beverages as part of a
commercial transaction.
1201.010(H). "Commissioner" means the Commissioner of Public
Safety for the State of Minnesota.
1201.010(i). "Wine" means the beverage made from condensed
grape must or from other agricultural products other than sound,
ripe, grapes; imitation wine; compounds sold as wine; vermouth;
cider; perry and sake; in each instance containing not less than 7%
nor more than 24% alcohol by volume.
1201.020. License Required. Except as hereinafter provided,
no persons shall sell intoxicating liquor without first obtaining
a license from the City of Lake Elmo.
1201.030. Kinds of Licenses. Intoxicating Liquor Licenses
shall be of six kinds:
A. On -Sale Licenses. On -sale licenses shall be issued only
to hotels, clubs, restaurants and exclusive liquor stores
and shall permit "on -sale" of intoxicating liquor only.
B. On -Sale Wine Licenses. On -sale Wine Licenses shall be
issued only to restaurants having facilities for seating
at least 25 guests at one time 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.
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C. Temporary On -Sale Licenses. Temporary On -Sale Licenses
shall be issued only to clubs or charitable, religious or
other nonprofit organizations in existence for at least
three years and shall authorize the on -sale of
intoxicating liquor in connection with a social event
sponsored by the licensee and subject to the restrictions
imposed by MS Chapter 340A.
D. Off -Sale Licenses. Off -Sale Licenses shall be issued
only to exclusive liquor stores and shall permit "off -
sale" of intoxicating liquor only.
E. Special Club Licenses. Special Club Licenses shall be
issued to incorporated clubs or congressional chartered
veterans organizations which have been in existence for
at least three years.
F. Special Licenses for Sunday Sales. Sunday On -Sale
Licenses shall be issued only to a hotel, restaurant, or
club which has facilities for serving at least thirty
(30) guests at one time and which has a regular on -sale
license.
1201.040. Application for License.
A. Form. Every application for a license to sell liquor
shall include applicant's name, age, representations as
to 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 owner and operator of the business, how long
applicant has been in that business at that place, and
such other information as the council may require from
time to time. Every application shall also include a
copy of each summons received by the applicant under
Minnesota Statutes Section 340A.802 during the preceding
year. The application shall be in the form prescribed by
the Commissioner and shall be verified and filed with the
City Clerk. No person shall make a false statement in an
application.
B. Bond. Each application for an "on -sale", "on -sale wine"
or "off -sale" license shall be accompanied by a surety
bond in the amount of $1000 or, in lieu thereof, cash or
United States government bonds of equivalent value.
C. Financial Responsibility. No liquor license may be
issued, maintained or renewed unless the applicant
demonstrates proof of financial responsibility with
regard to liability imposed by MS 340A.801. Such proof
shall be filed with the Commissioner. Any liability
insurance policy filed as proof of financial
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responsibility under this subdivision shall conform to
Minnesota Statutes Section 340A.409.
D. Approval of Security. Security Bonds or evidence of
financial responsibility shall be approved as to form by
the City Attorney. Operation of a licensed business
without having on file with the City at all times
evidence of required bonds or insurance coverage shall be
cause for revocation of the liquor license.
1201.050. License Fees.
A. Fees. The annual fee for liquor licenses shall be as
follows:
On -Sale:
$1,500.00
On -Sale Wine
$
300.00
Temporary On -Sale:
$
25.00
Off -Sale:
$
200.00
Special Club:
$
100.00
Sunday Sales:
$
200.00
B. Waiver of Fee. The City Council can, at its discretion,
waive the fee for a Temporary On -Sale License.
C. Payment. Each application for a license shall be
accompanied by a receipt from the City Treasurer for
payment in full of the license fee and the fixed
investigation fee required pursuant to 1201.060(A). All
fees shall be paid into the general fund. If an
application for a license is rejected, the treasurer
shall refund the amount paid as the license fee.
D. 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 December.
E. Refund. No refund of any license fee shall be made
except as herein provided.
1201.060. Granting of License.
A. 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 of $250.00 and the
City shall construct a preliminary background and
financial investigation of the applicant. The
application in such case shall be made on a form
prescribed by the Commissioner and with such additional
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information as the Council may require. I£ the Council
deems it in the public interest to have an investigation
made on a particular application for renewal of an on -
sale license, it shall so determine. In any case, if the
Council determines that a comprehenisve background and
financial investigation of the applicant is necessary, it
may conduct the investigation itself or contract with the
Commissioner for the investigation. No license shall be
issued, transferred, or renewed if the results show to
the satisfaction of the Council that issuance would not
be in the public interest. I£ the investigation is
required beyond state boundaries, the applicant shall pay
for the actual cost of such investigation but in no event
an amount in excess of $10,000. The estimated amount of
such investigation shall be paid at the time of
application. The remaining amount due for investigative
costs shall be paid prior to final review of the license
application by the City Council. The full amount of the
license investigation fee is payable irregardless of
whether the liquor license is granted.
B. Hearing and Issuance. The City Council shall investigate
all facts set out in the application and not investigated
in the preliminary background investigation. 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 license shall become
effective until it, together with the security furnished
by the applicant, has been approved by the Commissioner.
C. Person and Premises License; Transfer. Each license
shall be issued only to the applicant and for the
premises described in the application. No license may be
transferred to another person or place without City
Council approval. Any transfer of stock of a corporate
license is deemed a transfer of the license, and a
transfer of stock without prior Council approval is a
ground for revocation of the license.
1201.070. Persons ineligible for License. No license shall
be granted to any person made ineligible for such a license by
state law.
1201.080. Places Ineligible for License.
A. General Prohibition. No license shall be issued for any
place or any business ineligible for such a license under
state law.
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B. Delinquent Taxes. No license shall be granted for
operation on any premises on which taxes, assessments, or
other financial claims of the City are delinquent and
unpaid.
C. Distance from School or Church. No license shall be
granted within 600 feet of any school, church, playground
or public park except for those temporary licenses
granted pursuant to Section 1201.030(C).
1201.090. Conditions of License.
A. General. Every license is subject to the conditions in
the following subdivisions and all other provisions of
this ordinance and of any other applicable ordinance,
state law or regulation.
B. Insurance. Every licensee shall comply with the
financial responsibility requirements of state law and of
this ordinance is a continuing condition of any license
granted pursuant to this ordinance.
C. Licensee Responsibility. Every licensee is responsible
for the conduct in the licensed establishment, and any
sale of alcohol beverages by any employee authorized to
sell such beverages in the establishment is the act of
the licensee for purposes of license suspension or
revocation.
D. 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
premises of the licensee during business hours without
a warrant.
E. Display during Prohibited Hours. No "on -sale"
establishment shall display liquor to the public during
hours when the sale of liquor is prohibited.
1201.100. Restrictions on Purchasing\Consumption.
A. 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 and no person
shall consume liquor in any such place.
B. Consumption in Public Places. No person shall consume
liquor in a public park, or other public place, except
for those temporary licenses granted pursuant to Section
1201.030(C). of this Ordinance.
1201.110. Suspension and Revocation. The Council shall
either suspend for up to sixty (60) days or revoke any liquor
license, or impose a civil fine not to exceed $2,000 for each
violation upon the finding that the licensee has failed to comply
with any applicable statute, regulation, or ordinance relating to
alcohol beverages. Except in case of failure of financial
responsibility, no suspension or revocation shall take effect until
the licensee has been afforded an opportunity for a hearing
pursuant to Minnesota Statutes Sections 14.57 to 14.70 of the
Administrative Procedure Act.
Lapse of required Dram Shop Insurance or Bond, or withdrawal of a
required deposit of cash or securities, shall effect an immediate
suspension of any license issued pursuant to this ordinance without
further action of the City Council. Notice of Cancellation, lapse
of a current liquor liability policy or bond, or withdrawal of
deposited cash or securities shall also constitute notice to the
licensee of the impending suspension of the license. The holder of
a license who has received notice of lapse of required insurance or
bond, or withdrawal of a required deposit, or of suspension or
revocation of a license, may request a hearing thereon and if such
a request is made in writing to the Clerk a hearing shall be
granted within ten (10) days or such longer period as may be
requested. Any suspension under this paragraph shall continue
until the City Council determines that the financial responsibility
requirements of this ordinance have again been met.
1201.120. Hours of Sale.
A. Intoxicating Liquor On -Sale. No sale of intoxicating
liquor for consumption on the licensed premises may be
made by an on -sale licensee:
1. Between 1:00 a.m. and 8:00 a.m. on the days of
Monday through Saturday;
2. After 1:00 a.m. on Sundays except that a
restaurant, club or hotel with a seating capacity
for at least 30 persons which holds on on -sale
intoxicating liquor license may sell intoxicating
liquor for consumption on the premises in
conjunction with the sale of food between the hours
of 12 noon on Sunday and 1:00 a.m, on Mondays;
3. Between 8:00 p.m. on December 24 and 8:00 a.m. on
December 25, except that a restaurant, club or
hotel with a seating capacity for at least 30
persons which holds an on -sale intoxicating liquor
license may sell intoxicating liquor for
consumption on the premises in conjunction with the
sale of food between the hours of 12 noon on
Sundays and 1:00 a.m. on Mondays.
P,
B. Intoxicating Liquor Off -Sale. No sale of intoxicating
liquor may be made by an off -sale licensee;
1. On Sundays;
2. Before 8:00 a.m. on Monday through Saturday;
3. After 10:00 p.m. on Monday through Saturday;
4. On Thanksgiving Day;
5. On Christmas Day, December 25th; or
6-. After 8:00 p.m. on Christmas Eve, December 24th.
1202.010(L). "Sale or "Sell" means to directly or indirectly
by any pretense or by any device, sell, barter, keep for sale or
otherwise dispose of alcoholic beverages as part of a commercial
transaction.
1202.020(A). Except as hereinafter provided, no person shall
sell nonintoxicating malt liquor without first obtaining a license
from the City of Lake Elmo. Licenses shall be of three kinds: (1)
"on -sale"; (2) "off -sale"; and (3) temporary "on -sale".
The Lake Elmo City Council ordains that Section 1201.070(A) through
(I) of the Lake Elmo City Code are hereby repealed.
Effective Date. This ordinance shall be effective the day
following publication of the ordinance summary which was approved
by four affirmative votes on December 17, 1991.
Adoption Date. Passed by the City Council of the City of Lake Elmo
the 17th day of December, 1991.
David Johnson, Mayor
ATTEST:
Mary K ffne ;City Administrator
Publication Date. Published on the of Jti _ 19
e\ord\leord.l
12/19/91
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