Agenda Packets - 2010/03/01 - Laserfiche WebLink

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Item 01 Monday, March 1, 2010 Work Session Page 3 §502.11, subd. 1: According to the City Code, the act of any employee on the licensed premises authorized to sell and service intoxicating liquors shall be deemed the act of the licensee as well, and the licensee shall be liable to all penalties. Staff does report to the City Council on all liquor compliance checks and police calls. However, if an employee of a liquor establishment is arrested, then should the City have taken action? §502.11, subd. 6 & 7: This section states that every on-sale licensee shall be responsible for the removal of all persons, who are not employees of said licensee, from the licensed premises within thirty (30) minutes after the sale of intoxicating liquors is prohibited by law. The Mounds View Police Department (MVPD) does patrol periodically in the parking lots of on-sale liquor establishments. Staff wanted to inform the City Council that periodic checks are done to on-sale liquor establishments, however, many establishments lock their doors at 2pm, which can make it difficult for the MVPD to verify that there are no unauthorized persons in the business. §502.12, subd. 2: Sunday Sales. On-Sale establishments licensed to sell intoxicating liquor on Sunday may serve between the hours of twelve o’clock (12:00) noon and two o’clock (2:00) A.M. on Sundays in conjunction with serving of food. What constitutes serving food? Could the on-sale establishment just have a microwave on the premises and serve microwave pizza and popcorn? §502 and 503: The City Attorney reviewed the insurance provisions of Sections 502 and 503 of the liquor code. According to the City Attorney, the amount of insurance required meets the current requirements of the statute (although the City may require more insurance, if desired). However, both provisions need the references to the State Treasurer changed to the “Commissioner of Management and Budget.” The 3.2 Malt Liquor section requires a certificate of insurance, but does not allow for the licensee to provide a bond of certificate from the Commissioner of Management and Budget that cash or securities have been deposited. According to state statute, the licensee should be able to choose from these options. The City’s Intoxicating Liquor Code insurance requirements does allow for the licensee to choose from these options (see MV City Code §502.07, subd. 1a and MV City Code §503.07, subd. 1).