HomeMy WebLinkAboutOrdinance 843AN ORDINANCE AMENDING TITLE 500, OF THE
MOUNDS VIEW CITY CODE REGARDING BUSINESS LICENSE
REGULATIONS
SECTION 1. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 502 of the Mounds View Municipal Code by adding the underlined material and
deleting the stricken material as follows:
502.01:
DEFINITIONS:
Subd. 1. Statutcs Adoptcd: For the pu
340.07, subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 1-0, 11, 12, 13, 14, 15, 16 and 17 shall have
ORDINANCE NO. 843
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
except where
Subd. 2. Definition of Terms: When used in this Chapter, the following words and phrases
shall have the meanings ascribed to them in this subdivision:
Subd. 1. 3.2 PERCENT MALT LIQUOR: Malt liquor containing not less than one -half of
one percent alcohol by volume nor more than 3.2 percent alcohol by weight.
Subd. 2. ALCOHOLIC BEVERAGE: Any beverage containing more than one -half of one
percent alcohol by volume.
Subd. 3. BREWER: A person who manufactures malt liquor for sale.
a Subd. 4. CABARET: A restaurant, night club or other place of amusement where dancing
is permitted incidentally but is not operated primarily as a business to provide dancing
facilities for a charge.
Subd. 5. COMMISSIONER: The Commissioner of the Minnesota Department of Public
Safety except as otherwise provided.
Subd. 6. CLUB: An incorporated organization organized under the laws of the state for
civic, fraternal, social, or business .0 .o es for intellectual im.rovement or f.r the
promotion of sports, or a congressionally chartered veterans' organization, which:
Sec M.S.A. §340A.101 ct seq. for Liquor Act.
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a. Has more than 30 members;
b. Has owned or rented a building or space in a building for more than one year
that is suitable and adequate for the accommodation of its members; and
c. Is directed by a board of directors, executive committee or other similar body
chosen by the members at a meeting held for that purpose. No member, officer,
agent, or employee shall receive any profit from the distribution or sale of beverages
to the members of the club, or their guests beyond a reasonable salary or wages fixed
and voted each year by the governing body.
Subd. 7. DISTILLED SPIRITS: Ethyl alcohol, hydrated oxide of ethyl, spirits of wine,
whiskey, rum, brandy, gin and other distilled spirits, including all dilutions and mixtures
thereof, for non industrial use.
Subd. 8. EXCLUSIVE LIQUOR STORE: An establishment used exclusively for the sale of:
alcoholic beverages tobacco products; ice; bevera es li uid r powder cificall
designed for mixing with intoxicating liquor; soft drinks; liqueur filled candies; food
products that contain more than one -half of one percent alcohol by volume; cork extraction
devices; books and videos on the use of alcoholic beverages; magazines and other
publications published primarily for information and education on alcoholic beverages;
multiple -use bags designed to carry purchased items; devices designed to ensure safe storage
and monitorin alcohol in the home to •revent access b und-r. •rinkers• an. home
brewing equipment.
b FOOD: A menu consisting of not less than three (3) separate and distinct entrees,
c. MINOR: Any person who has not reached the age o
birthday.
d. MUNICIPALITY: The City of Mounds View.
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Subd. 9. GAMBLING DEVICE: A contrivance the purpose of which is that for a
consideration a player is afforded an opportunity to obtain something of value, other than free
plays, automatically from the machine or otherwise, the award of which is determined
principally by chance, whether or not the contrivance is actually played. A gambling device
includes a video game of chance as defined by Minnesota Statutes Section 609.75, subdivision
8.
Subd. 10. HOTEL; An establishment where food and loth in are re ularl furnished to
transients and which has:
a. A dining room serving the general public at tables and having facilities for seating
at least 30 guests at one time; and
b. A minimum of 10 guest rooms.
Subd. 11. INTOXICATING LI S 5 R: Eth 1 alcohol distille fermen e. s. irituous vinous
and malt bevera es c. ntainin m. re than 3.2 ercent f alcohol b wei ht.
Subd. 12. LICENSED PREMISES: The premises described in the approved license
application, subject to the space limitations set forth in Minnesota Statutes Section
340A.410, subdivision 7. In the case of a restaurant, club or exclusive liquor store licensed
for on -sales of alcoholic beverages and located on a golf course, "licensed premises" means
the entire golf course except for areas where motor vehicles are regularly parked or operated.
Subd. 13. MALT LIQUOR: Any beer, ale, or other beverage made from malt by
fermentation and containing not less than one -half of one percent alcohol by volume.
Subd. 14. M FACTURER: A erson ho a roc ss of manufact fermentin
brewing, distilling. refining. rectifvin�, blending or by the combination of different materials.
prepares or produces intoxicating liquor for sale.
e Subd. 15. PREMISES: All buildings and structures, as well as all parking lots, driveways,
landscaped areas, steps, passageways and vestibules, located outside of said building or
structure.
f. PUBLIC AREA: All areas insidc the exterior walls of a r
or liquor. (1988 Codc §100.01)
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Subd. 16. WHOLESALER: A person who sells alcoholic beverages to persons to whom sale
is permitted under Minnesota Statutes Section 340A.310 from a stock maintained in a
warehouse in the State of Minnesota.
Subd. 17. WINE: The product made from the normal alcoholic fermentation of grapes,
including still wine, sparkling and carbonated wine, wine made from condensed grape must,
wine made from other agricultural products than sound, ripe grapes, imitation wine,
compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not
less than one -half of one percent nor more than 24 percent alcohol by volume for non-
industrial use. Wine does not include distilled spirits.
502.02: LICENSE REQUIRED: No person, except wholesalers or
manufacturers to the extent authorized under State license, shall directly or indirectly deal in,
sell or keep for sale any intoxicating liquor without first having received a license to do so as
provided in this Chapter. Licenses shall be of three (3) kinds: "on sale, "club" and "on sale
winc" licenses. (1988 Codc 100.02)
502.03: LICENSE CLASSIFICATIONS:
Subd. 1. On -Sale Intoxicating Liquor Licenses: On -sale intoxicating liquor licenses may
be issued for the sale of intoxicating liquors in hotels, clubs, restaurants. bowling
centers and exclusive liquor
stores within the number authorized by this Chapter. In addition, an on -sale
intoxicating liquor license may be issued, if approved by the Commissioner elie
Safety, to a bona fide club which has been in existence for fifteen (15) three (3) years
or more or to a Congressionally charged veterans' organization which has been in
existence for ten (10) years. Such a club or veterans' organization shall be
incorporated in order to be eligible to apply for a license, and the A license issued to
a club shall be for the sale of intoxicating liquors to members and bona fide guests
only except that a club may permit the general public to participate in a wine tasting
conducted at the club under Minnesota Statutes Section 340A.419. The Municipality
may issue the amount of on -sale intoxicating liquor licenses as authorized in
Minnesota StatutesSection 340,14 340A.413, subdivision 5A 1.
Subd. 2. Off -Sale Intoxicating Liquor Licenses: An off -sale intoxicating liquor license
shall be issued only to a proprietor of a drugstore or an exclusive liquor store, the
number of which to be determined by the Council.
Subd. 3. On -Sale Wine Licenses On -sale wine licenses shall may be issued to restaurants
meeting the qualifications of Minnesota Statutes sSection 340.11 340A.404,
subdivision 20 5 and shall permit only the sale of wine not exceeding fourteen
percent (14 alcohol by volume, for consumption on the licensed premises only, in
conjunction with the sale of food.
Subd. 4. Sunday Sales Licenses: Special on -sale intoxicating liquor licenses for the sale of
intoxicating liquor on Sunday separate from a regular on -sale intoxicating liquor
license issued pursuant to Section 502.02 of this Chapter shall may be issued to
hotels, restaurants, bowling centers or clubs,
this Title, which hold an on -sale intoxicating liquor license and have facilities for
serving not less than a seating capacity for at least thirty (30) guests persons at-ene
time. Intoxicating liquor must be consumed on the premises in conjunction with the
sale of food.
Subd. 5. Bet lc�e- Clubs Consumption and Display Permits: Bottle clubs Consumption and
display permits are issued by the Commissioner and regulated by the provisions of
Minnesota StatutesSection 310.119 340A.414. Consumption and display permits
issued by the Commissioner must be approved by the City Council before they are
effective. (1988 Code §100.02)
1 See also subdivision 503.03(1)b of this Title for sale of malt liquor.
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Subd. 6. Temporary On -Sale Intoxicating Liquor Special Event Licenses,, A temporary
Special event on -sale intoxicating liquor license may be issued to a club or
charitable, religious or other nonprofit organization which has been in existence for at
least three (3) years, a political committee registered under Minnesota Statutes
Section 10A.14 or a state university in connection with a social event within the City
sponsored by the licensee. The license may authorize the sale of intoxicating liquor
on -sale for not more than three (3) consecutive days and may authorize the sale of
intoxicating liquor on City owned premises located at 5394 Edgcwood Drive and
8290 Coral S a Street in addition to prcmiscs the licensee owns or permanently
occupies. Such license will permit the licensee to dispense intoxicating liquor at any
civic event sponsored or approved by the City. The license may provide that the
licensee may contract for intoxicating liquor catering services with the holder of an
full year on -sale intoxicating liquor license issued by the City or any adjacent
municipality or the holder of a caterers permit issued by the Commissioner of Public
Safety. Licenses under this subdivision are not valid unless first approved by the
Commissioner
catering services with the holder of a state caterer's permit issued by the
requirement of any permit by the state. Proof of financial responsibility is required in
accordance with Code Section 502.07, subdivision 1. (Ord. 591, 10- 29 -96)
required by the state, an intoxicating liquor banquet license may be issued only to the
holder of an on sale intoxicating liquor liccnsc i
any convention, banquet, conference, meeting or social event conductcd on the
prcmiscs located at 5394 Edgcwood Drive an.: II 1
City of Mounds View. The licensee must be engage
at any event held by a person or organization permitted to use the City owned
prcmiscs located at 5394 Edgewood Drive and 8290 Coral Sea Street and may
not dispense or sell intoxicating liquor to any person attending or participating in an
amateur athletic event held on the City owned prcmiscs located at 5394 Edgewood
Drive and 8290 Coral Sea Street. (Ord. 591, 10 29 96)
Subd. 8 7. Outdoor Consumption Endorsement. A special endorsement may be issued by
the City to the holder of a regular on -sale intoxicating liquor or on -sale wine license
to allow sales and consumption of intoxicating liquor or wine outdoors when the
outside service area is immediately adjacent to and contiguous with the licensed
premises. The licensee shall make application for the special endorsement to the City
and provide site plans which illustrate the proposed outdoor service area. The special
endorsement may be issued by the City Council to the licensee by resolution after a
public hearing on the special endorsement is held. The designated outside service
area shall not reduce the number of off street parking spaces which would be
Page 5
required if the licensed premises together with the outside service area were to be
newly constructed in conformity with the City's zoning code. The City may also
require improvements to the outside service area prior to issuing the special
endorsement, including but not limited to, safety barriers or other enclosures to be
placed around the perimeter of the outside service area in order to protect patrons
from any hazards, including vehicular traffic. (Added, Ord. 771, 4- 24 -06)
502.04: ELIGIBILITY FOR LICENSE:
Subd. 1. Persons Ineligible for License:
a. A license must be held by an individual person. No license shall be granted to or
held by any corporation, non profit corporation, partnership, limited liability
company or any other type of entity.
b. No license shall be granted to or held by any person:
(1) Who is a minor under the age of 21.
(2) Who is not of good moral character Of and repute.
(3) Who is an alien.
(4 3) Who is or has been convicted, within five (5) years prior to the
application of such license, of a felony or any willful violation of any law of the
United States or the State of Minnesota or of any local ordinance with regard to the
manufacture, sale, distribution or possession for sale or distribution of intoxicating
liquor an alcoholic beverage nor to any person whosc license has been revoked for
any willful violation of any such laws or ordinances.
(5 4) Who is has a direct or indirect interest in a manufacturer. brewer or
wholesaler or is interested, directly or indirectly, in the whole
Subd. 2. Places Ineligible for License:
Page 6
the issuance of a license for 1 used premises acquired by a manufacturer or
wholesaler prior to November 1, 1933.
(6 5) Who has an interest, directly or indirectly, in any other establishment in
the Municipality City to which a license of the same class has been issued under this
Chapter. (1988 Code §100.06)
a. No license shall be issued to a drugstore until it has operated co
(2) years prior to the application.
b a. No intoxicating liquor or wine license shall be granted for operation on any
premises on which taxes, assessments, utility bills or other financial claims of the
city are delinquent or unpaid.
e b. No intoxicating liquor or wine license shall be granted for any premises that has
a property line within five hundred feet (500') of the a property line of any school or
church located in Mounds View except that the five hundred feet (500') restriction
shall not apply and a license may be granted for any licensed premises that receives at
least sixty percent (60 of its annual gross sales revenue from the sale of food. The
licensee must provide evidence to the City on an annual basis as part of the license
renewal process that the licensee has complied with the minimum sixty percent
(60 food sales requirement of this Section. Failure to comply with the minimum
sixty percent (60 food sales requirement of this Section shall be cause for
suspension, revocation or denial of renewal of this the license. (Ord. 582, 5- 28 -96)
d c. No intoxicating liquor or wine license shall be issued to any person in
connection with €er-any the premises owned by another person to whom a license
may-net-be-granted could not be issued under the provisions of this Chapter er-an
a violation of Minnesota Statutes, sections 340.07 to 340.40.
e d. No more than one intoxicating liquor or wine license shall be granted to any one
person or for any one place, except an exclusive liquor store, for which a license of
another class has bccn grantcd undcr this Chapter. (1988 Code 100.07)
502.05: APPLICATION FOR LICENSE:
Subd. 1. Contents of Application:
a. Application: Every application for an intoxicating or wine license to sell liquor
shall be verified and filed with the Clerk- Administrator. It shall state the name of the
applicant, applicant's age, representations as to applicant's character, references as
may be required, whether the application is for on -sale or off -sale, the business in
connection with which the proposed license licensee will operate, its location,
whether the applicant is owner and operator of the business, how long applicant has
been or is operating a similar business at that place, whether applicant has been or is
operating a similar business at some other location (if so, the name of the
establishment) and such other information as the Council may require, from time to
time.
b. Form: In addition to containing such information, each application for a license
shall be in the form prescribed by the Commissioner of Public Safety.
c. False Statements: No person shall make a false statement in an application.
Page 7
Subd. 2. Floor Plan: The application shall provide a floor plan of the interior of all
structures on the premises. Such plan shall show the dimensions and the intended
arrangement and use of all interior space. (1988 Code §100.03)
502.06: LICENSE FEES:
Subd. 1. Payment Required: Each application for an intoxicating liquor or wine license
shall be accompanied by a receipt from the Municipal Oly Finance
Director /Treasurer for payment in full of the required fee for the license. All fees
shall be paid into the General Fund of the Municipality Cam. Upon rejection of any
application for a license, the Finance Director /Treasurer shall refund the amount paid
less the amount established by resolution of the City Council for investigation of the
applicant's qualifications.
Subd. 2. Fees:
a. The annual fee for an on -sale intoxicating liquor license without cabaret, an
on -sale intoxicating liquor license with cabaret and an on -sale wine license shall be
established by resolution of the City Council and shall be paid prior to June 30 of
each year, or one -half (1/2) of the fee may be paid prior to June 30 and the other
one -half (1/2) paid prior to December 31.
b. The annual fee for all other intoxicating liquor licenses shall be established by
resolution of the City Council and shall be paid in full prior to June 30 of each year.
(1988 Code 100.04)
c. The fees required for the temporary licenses described in Section 502.03,
subdivisions 6 and 7 and the special outdoor consumption endorsement described in
Section 502.03, subdivision 7 shall be established by resolution of the City Council
and shall be paid prior to the effective date of the license or endorsement. (Ord. 591,
10- 29 -96)
d. The annual fee for an off -sale intoxicating liquor license shall be reduced by
$100.00 if at the time of application and before any renewal, the licensee:
1. Agrees to have a private vendor approved by the City train all of its
employees within 60 days of hire and annually thereafter in laws pertaining to
the sale of alcohol, the rules for identification checks, and the responsibilities
of establishments serving intoxicating liquors;
2. Posts a policy requiring identification checks for all persons ap e aring to
be 30 years old or less; and
Page 8
3. Establishes a written cash award and incentive program to award
employees who catch underage drinkers and a written penalty program to
punish employees in the event of a failed compliance check. Failure to abide
by the provisions of this paragraph may result in suspension of the license
until the conditions of the fee reduction are met and may result in suspension
or revocation of the license pursuant to this Chapter.
Subd. 3. Increase of Fees: No intoxicating liquor or wine license fees shall be increased,
except after notice and public hearing by the Council on the proposed increase.
Notice of the proposed increase must be published in the official newspaper and
mailed to all affected licensees at least thirty (30) days in advance of the heating
hearing. (Ord. 475, 10 -9 -89)
Subd. 4. Refunds: No refund of any license fee shall be permitted except that a pro rata
share of the fee may be refunded to the licensee or the licensee's estate: if the
business ceases to operate because of destruction or damage; the licensee dies; the
business ceases to be lawful for a reason other than a license revocation; or the
licensee ceases to carry on the licensed business under the license
(1988 Code §100.04)
502.07: PROOF OF FINANCIAL RESPONSIBILITY:
Subd. 1. Application: Unless otherwise excepted by this Section., Eeach application for an
intoxicating liquor or wine license shall be accompanied by one (1) of the following
proofs of financial responsibility:
a. Insurance: A certificate that there is in effect an insurance policy issued by an
insurer required to be licensed by Minnesota Statutes Section 60A.07, subdivision 4
or by an insurer recognized as an eligible surplus line carrier pursuant to Minnesota
Statutes Section 60A.206 or pool providing coverage of at least:
(1) Fifty thousand dollars ($50,000.00) for bodily injury to any one (1)
person in any one occurrence and subject to the limit of one (1) person
(2) in the amount of eOne hundred thousand dollars ($100,000.00) for
bodily injury to two (2) or more persons in any one (1) occurrence;
(3) and in the amount of tTen thousand dollars ($10,000.00) for injury to
or destruction of property of others in any one (1) occurrence:;
(2 Fifty thousand dollars ($50,000.00) for loss of means of support of any
one (1) person in any one (1) occurrence and, subject to the limit for one (1) person,;
and
Page 9
(5) eOne hundred thousand dollars ($100,000.00) for loss of means of
support of two (2) or more persons in any one (1) occurrence.
b. Bond: A bond of a surety company with minimum coverages as provided in
subdivision 1 Ca) f above:; or
c. Securities Commissioner of Mana ement and Bud. et Certificate: A certificate of
the State Treasurer Commissioner of Management and Budget that the licensee has
deposited with the State Treasurer Commissioner of Management and Budget one
hundred thousand dollars ($100,000.00) in cash or securities which may legally be
purchased by savings banks or for trust funds having a market value of one hundred
thousand dollars ($100,000.00).
c. Temporary License for Event on City owned prcmiscs lo
d Subd. 2. Approval by Council: The proof of financial responsibility
shall be approved by the Council and, when required, by the Commissioner of Public Safety.
The Municipal _e& Attorney shall approve the form of the financial responsibility.
or intoxicating liquor under a temporary license issued under Section 502.03, subdivisions 6
and 7 for events on City owned prcmiscs located at 5394 Edgcwood Drive and 8290 Coral
Page 10
($100,000.00) bodily injury each person; two hundred thousand dollars ($200,000.00) each
common cause; one hundred thousand dollars 100,000.00) property damage each common
($300,000.00) annual aggregate. On any policy or insurance pool providing coverage
hereunder the City, shall be named as an additional insured. The liccnsc holder under this
paragraph shall hold the City harmless and agree to indemnity the City for acts of the license
holder. (Ord 591, 10 29 96)
Subd. 3. A certificate of insurance, bond or certificate from the Commissioner of
Management and Budget as set forth in Subdivision 1 are required for temporary on-
sale intoxicatin li• uor licenses. The ins rance olic or bone must have th
following covera' e: one hundred thous. d dollars ',100 000.00 bodil in'u each
person; two hundred thousand dollars ($200,000 00) each common cause; one
hundred thousand dollars ($100010.00 .ro.ert_ damage each common cause• one
hundred thousand dollars ($100,000.00) loss of means of support; two hundred
thousand dollars ($200,000.00) each common cause; and three hundred thousand
dollars ($300000.00 annual a! 're ate. If the event is to b- h-ld on i .ro.e
the City shall be named as an additional insured and the license holder shall agree to
hold the City harmless and indemnify and defend the City for acts of the license
holder.
Subd. 4. Subdivision 1 does not apply to on -sale wine licensees who by affidavit establish
that they are holders of an on -sale wine license with sales of less than $25,000 for
wine for the preceding year.
Subd. 2 5. Revocation of License: The operation of such off -sale or on -sale intoxicating
liquor or wine business without having on file, at all times, with the Municipality
Ci.V proof of financial responsibility required by this Section shall be grounds for
immediate revocation of the license. Notice of cancellation of a current liquor
liability policy shall service as notice of the impending revocation of the license.
(1988 Code §100.03)
502.08: LICENSE HEARING: No issuance of a new intoxicating liquor or wine
license, transfer of an existing license, renewal of an existing license, issuance of temporary
on -sale intoxicatin lie uor licen e Sunda .1- license, or
special outdoor consumption endorsements
shall be hereafter granted by the Council until a
public hearing has been conducted by the Council after published notice in the official
newspaper at least ten (10) days in advance of the hearing. (1988 Code 100.05) (Ord. 601,
5- 12 -97; Ord. 771, 4- 24 -06)
502.09: REVIEW AND INVESTIGATION OF APPLICATION; ISSUANCE OR
DENIAL:
Subd. 1. Investigation of Application; Issuance or Denial: The Council shall investigate all
facts set out in the application. The City must conduct a preliminary background and
financial investi ation of all a s .licants an. tr. nsfer a..licants for on -sale
intoxicating liquor licenses. After such investigation, the Council shall grant or
refuse the application, in its discretion. No off -sale intoxicating liquor license
sale intoxicating liquor license for a club, temporary on -sale intoxicating liquor
license or on -sale wine license shall become effective until it, together with the bend
proof of financial responsibility furnished by the applicant, has been approved by the
Commissioner of Public Safety.
Subd. 2. Report to Commissioner of Public Safety: The Clerk Administrator shall, within
ten (10) days after the issuance of any on -sale intoxicating liquor or wine license
under this Chapter, submit to the Commissioner of Public Safcty the full name and
address of each person granted a license, the trade name, the effective license date
and the date of expiration of the license. The Clerk- Administrator shall also submit
to the Commissioner of Public Safety any changc of address, transfer, cancellatio;
suspension or revocation of any on sale license by the Council during the license
period. (1988 Code §100.05)
Page 11
502.10: EFFECTIVE DATE OF LICENSE: All licenses shall expire on June 30 of
each year. Each license shall be issued for a period of one (1) year; except, that if a portion
of the license year has elapsed when the application is made, a license may 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. (1988 Code §100.04)
502.11: CONDUCT OF BUSINESS; CONDITIONS OF LICENSE:
Subd. 1. Responsibility of Licensee: Every licensee shall be responsible for the conduct of
licensee's place of business and the conditions of sobriety and order in it. The act of
any employee on the licensed premises authorized to sell and serve intoxicating
liquors shall be deemed the act of the licensee as well, and the licensee shall be liable
to all penalties provided by this Chapter equally with the employee.
Subd. 2. Compliance with Laws: Every license shall be granted subject to the conditions in
the following subdivisions and all other provisions of this eChapter and of any other
applicable chapter of the municipality City Code or state law
Subd. 3. Posting of License: The license shall be posted in a conspicuous place on the
licensed premises at all times.
Subd. 4. Sales Restricted: No on sale licensee shall sell intoxicating liquor off sale unless
No off -sale licensee shall sell intoxicating
liquor on -sale or permit the consumption of any liquor on the licensed premises with
the exception of samples authorized by Minnesota Statutes Section 340A.510.
Subd. 5. Place of Business: No license shall be effective beyond the compact and
contiguous space named in the license for which it was granted. (1988 Code 100.08)
Subd. 6. Closing Hours: Every on -sale intoxicating liquor or wine 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, except those premises that are also licensed as
restaurants under Chapter 505 of this Title or licensed as bowling alleys centers under
Chapter 507 of this Title, and said restaurants or bowling alleys centers are open and
operating subsequent to the prohibition referred to herein, in which case, persons may
remain on said premises. In no event may intoxicating er-neninte-x-ieatiftg 3.2 percent
malt liquor be served or consumed on any licensed premises contrary to law
1 M.S.A. §304A.191 et seq.
2 M.S.A. §3'10A.101 ct scq.
Page 12
Subd. 7. Persons on Premises: No person may remain on a premises licensed for on -sale
intoxicating liquors or wine pursuant to this Chapter thirty (30) minutes after the sale
of intoxicating liquors is prohibited by laws unless said person is the licensee or an
employee of the licensee and is engaged in the business or occupation relative to the
licensed activity.
Subd. 8. Consumption in Parking Lots: No person may loiter or consume or have in their
possession any bottle or receptacle containing intoxicating or nonintoxicating 3.2
percent malt liquors on any premises licensed for the on -sale or off -sale of
intoxicating liquors while outside of the building or structure located on the licensed
premises, including but not limited to parking lots, driveways and landscaped areas,
as well as steps, passageways or vestibules located outside of said building or
structure, except as provided by Sections 502.03, Subdivision 8 7 and 503.03,
Subdivision 1(c). Any person in violation of this subdivision shall be guilty of a
misdemeanor. (Ord. 771, 4- 24 -06)
Subd. 9. On Sale Licenses; View into Interior: No on sale place of business shall be
Subd. 10. Vicw of Sales: All sales shall bc ma
100.09)
502.12: HOURS AND DAYS OF SALES:
Subd. 1. General Restrictions: No en -sale of intoxicating liquor for consumption on the
licensed premises shall be made between the hours of two o'clock (2:00) A.M. and
eight o'clock (8:00) A.M. on any-weekday the days of Monday through Saturday. No
sale of intoxicating liquor shall be made by an off -sale licensee shall bc made before
eight o'clock (8:00) A.M. or after eight o'clock (8:00) P.M. on any day except Friday
and Saturday, on which days off sales may be made until ten o'clock (10:00) P.M.
No sale of intoxicating liquor shall be made by an off -sale licensee on Sundays, No
off -sale of intoxicating liquor shall be made on Thanksgiving Day, er Christmas Day
gs preceding such days, if the sale of liquor is not
otherwise prohibitcd on such evenings, off sale may bc made until ten o'clock
(10:00) P.M.; except, that no off sale shall be made o December 2 4 or after eight
o'clock (8:00) P.M. on December 24th. (Amended, Ord. 717, 7- 28 -03)
Subd. 2. Sunday Sales: Notwithstanding the provisions of subdivision 1 of this Section,
on sale establishments restaurants, clubs, bowling centers and hotels with seating
capacities for at least 30 persons and which hold an on -sale intoxicating liquor
licensed may serve same intoxicating liquor
between the hours of twelve o'clock (12:00) noon and two o'clock (2:00) A.M. on
Page 13
Sundays in conjunction with serving the sale of food u on obtainin a Sunda Sales
license from the City.
licensee to serve intoxicating liquors between thc hours of ten o'clock (10:00) A.M.
and twelve o'clock (12:00) noon on Sunday in conjunction with the serving of food
only to persons seated at tables ordinarily used for dining. Provi h owever, th
the licensed establishment is in conformance with thc Minnesota Clean Air Act
(Ord. 475, 10 9 89; Amended, Ord. 717, 7 28 03)
Subd. 2. Gambling Devices:
502.13: PROHIBITED OR RESTRICTED ACTS AND CONDITIONS:
Subd. 1. Sales to Certain Persons Prohibited: No intoxicating liquor shall be sold, served
furnished or delivered for any purpose to any miner person under the age of 21, er to
any person obviously intoxicated or to any of the persons to whom sale is prohibited
by statute.
a. Except as otherwise provided in this subdivision, Nno licensee shall keep, possess
or operate or permit the keeping, possession or operation of any slot machines, dice
or any gambling device or apparatus on the licensed premises or in any room
adjoining the licensed premises. Licensees shall not permit any gambling therein,
except when in conjunction with an event liccnscd authorized ender by Minnesota
Statutes Chapter 349 and sponsorcd by a fraternal, religious, veteran or other
nonprofit organization in the City, which has been in existence for at 1 ast three (3)
y rs and has at 1 ast thirty (30) active members. Lottery tickets may be purchased
and sold within the licensed premises as authorized by the Director of the State
Lottery under Minnesota Statutes Chapter 349A. Dice may be kept and used on the
licensed premises and adjoining rooms for social dice games as authorized by
Minnesota Statutes Section 609.761, subdivision 4.
b. No licensee shall conduct or permit to be conducted on any licensed premises
"casino" or "Las Vegas" events where guests are allowed to participate in gambling
activities, except when said guests are not required to provide monetary consideration
for the right to participate in the event.
premises or in any adjoining building which -arc, directly or indirectly, under
licensee's control, to be used a
Subd. 43. Ownership by Manufacturers or Distillers of Liquor: No equipment or fixture in
any licensed place premises shall be owned, in whole or in part, by any manufacturer
or distiller of intoxicating liquor.
M.S.A. §141 .411 ct seq.
Page 14
Subd. 5 4. Refilling and Diluting: No licensee shall sell, offer for sale or keep for sale
intoxicating liquors in any original package which has been refilled or partly refilled.
No licensee shall, directly or through any other person, dilute or in any manner
tamper with the contents of any original package so as to change its composition or
alcoholic content while in the original package. Possession on the licensed premises
by any licensee of any intoxicating liquor in the original package differing in
composition or alcoholic content from the liquor when received from the
manufacturer or wholesaler from whom it was purchased shall be prima facie
evidence that the contents of the original package have been diluted, changed or
tampered with.
open to the public, during hours whcn the salt of liquor is prohibited by this Chapter.
Subd. 7 5. Federal Wholesale Dealers or Gambling Stamps: No licensee shall apply for or
possess a Federal wholesale liquor dealer special tax stamp or a Federal gambling
stamp.
Subd. 8 6. Ethyl Alcohol or Neutral Spirits: No licensee shall keep ethyl alcohol or neutral
spirits on the licensed premises or permit their use on the premises either alone or
mixed with any other beverage.
Subd. 9 7. Sexual Acts; Indecent Exposure: The following acts or conduct on licensed
premises are deemed contrary to public welfare and morals, and therefore, no on -sale
license shall be held at any premises where such conduct or acts are permitted:
a. To employ or use any person in the sale or service of alcoholic beverages in or
upon the licensed premises while such person is unclothed or in such attire, costume
or clothing as to expose to view any portion of the female breast below the top of the
areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
b. To employ or use the services of any host or hostess while such host or hostess is
unclothed or in such attire, costume or clothing as described in subdivision 9a above.
c. To encourage or permit any person on the licensed premises to touch, caress or
fondle the breasts, buttocks, anus or genitals of any other person.
d. To permit any employee or person to wear or use any device or covering exposed
to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
e. To permit any person to perform acts of or acts which simulate:
4- Scc also subdivision 702.01(5)d of this Code.
Page 15
(1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation or any sexual acts which are prohibited by law
(2) The touching caressing or fondling on the breast, buttocks, anus or
genitals.
(3) The displaying of the pubic hair, anus, vulva, genitals or the nipple or
areola of the female breast.
f. To permit any person to use artificial devices or inanimate objects to depict any of
the prohibited activities described in subdivision 7 9e above.
g. To permit any person to remain in or upon the licensed premises who exposes to
public view the pubic hair, anus, vulva or genitals, except where said pubic hair,
anus, vulva or genitals are covered with transparent clothing, in the form of pants or
panties, and in addition, where the breast and the pubic hair, anus, vulva and genitals
are covered with transparent clothing.
h. To permit the showing of film, still pictures, electronic reproduction or other
visual reproductions depicting:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation or any sexual acts which are prohibited by
law
(2) Any person being touched, caressed or fondled on the breast, buttocks,
anus or genitals.
(4) Scenes wherein artificial devices or inanimate objects are employed to
depict or drawings are employed to portray any of the prohibited activities described
above.
(5) To permit any employee or person under contract to perform on the
premises or to dance on any table, bar or other elevated platform, except on a duly
designated stage designed exclusively for the entertainment of patrons of the
premises, said stage to be located at least three feet (3') from any patron.
M.S.A. §617.23 ct scq.
M.S.�1. §617.23 ct seq.
(3) Scenes wherein a person displays the vulva or anus or the genitals.
Page 16
Subd. 10 8. Sale or Consumption in Public or on Public Land or Highways Streets: No
intoxicating liquor shall be sold or consumed in any public place not holding an
on -sale or off -sale license. No liquor shall be sold or consumed on a public highway
street, in an automobile or on public land. (1988 Code §100.10)
502.14: MINORS:
Subd. 1. Employment of Minors: No miner person under the age of 18 shall be employed
in any rooms constituting the place in which permitted to sell or serve intoxicating
liquors are sold at retail on sale in any on -sale or off -sale establishment. (1988 Code
§100.09)
Subd. 2. Purchase of Liquor; Misrepresentation of Age: No miner person under the age of
21 shall misrepresent their his or her age for the purpose of obtaining liquor nor shall
No person under the age of 21 shall enter any premises licensed under this
Chapter in order to procure such beverages intoxicating liquor or to consume or
purchase or attempt to purchase or have others purchase for the miner person under
the age of 21 such beverages on licensed premises.
Subd. 3. Inducing Miners Persons Under the Age of 21 to Purchase Liquor: No person
shall induce a Miner person under the age of 21 to purchase or procure liquor.
Subd. 4. Procuring Liquor for hers Persons Under the Age of 21: No person shall give
to, procure or purchase liquor for any Miner person under the age of 21 or any other
person to whom the sale of intoxicating liquors is forbidden by law (1988 Code
§100.10)
502.15: ZONING RESTRICTIONS: No license shall be issued for premises located
within the areas restricted against commercial use by Title 1100 of this Code. No license
shall be issued for premises or places in which the sale or use thereof has been prohibited by
the Liquor Act Minnesota Statutes Chapter 340A (1988 Code §100.11)
502.16: SUSPENSION OR REVOCATION OF LICENSE:
Subd. 1. Cause for Suspension: The Council may suspend or revoke any liquor license for
violation of any provision or condition of this Chapter or any State law regulating the
sale of intoxicating liquors and shall revoke such license if the licensee willfully
M.S.A. §340A.503.
M.S.A. §340A.412, subdivision 1.
1 M.S.A. §340A.101 et seq.
Page 17
violates any provision of Minnesota Statutes, Sections 340.07 to 340.40 Chapter
340A or this Chapter.
Subd. 2. Written Notice: Except in the case of a suspension pending a hearing on
revocation, revocation or suspension by the Council shall be preceded by written
notice to the grantee licensee, and a public hearing shall be held. The notice shall
give at least eight (8) days' notice of the time and place of the hearing and shall state
the nature of the charges against the licensee.
Subd. 3. Suspension Pending Hearing: The Council may, without any advance notice,
suspend any license pending a hearing on revocation for a period not exceeding thirty
(30) days. (1988 Code §100.12)
502.17: VIOLATION OF PROVISIONS: Any person violating any provision of
this Chapter shall be guilty of a Mmisdemeanor. (1988 Code §100. 13)
SECTION 2. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 503 of the Mounds View Municipal Code by adding the underlined material and
deleting the stricken material as follows:
503.01: DEFINITIONS: When used in this Chapter, the following words and phrases
shall have the meanings ascribed to them:
Subd. 1. BEER or 3.2 PERCENT MALT LIQUOR: Any malt beverage with an alcoholic
content of more than one -half of one percent (0.5 by volume and not more than
three and two tenths percent (3.2 by weight. (Ord. 619, 4- 27 -98)
Subd. 2. BEER 3.2 PERCENT MALT LIQUOR STORE: An establishment used
exclusively for the sale of beer 3.2 percent malt liquor with the incidental sale of
cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail.
incidental to and not the major purposc of the club An incorporated organization
or anized under the laws of the s ate for civic fraternal social or business .0 .oses
for intellectual im r vement or for the romotion of s orts
chartered veterans' organization, which:
(a) has more than 30 members;
or a con'res tonal'
(b) has owned or rented a building or space in a building for more than one year
that is suitable and adequate for the accommodation of its members; and
Page 18
(c) is directed by a board of directors, executive committee, or other similar body
chosen by members at a meeting held for that purpose. No member, officer, agent, or
employee shall receive any profit from the distribution or sale of beverages to the
members of the club, or their guests, beyond a reasonable salary or wages fixed and
voted each year by the governing body.
Subd. 4. GAMBLING DEVICE: A contrivance the purpose of which is that for a
consideration a player is afforded an opportunity to obtain something of value, other than free
plays, automatically from the machine or otherwise, the award of which is determined
rinci all b chance whether or not the contrivance i actuall .1. ed. A amblin devi e
includes a video game of chance as defined by Minnesota Statutes Section 609.75, subdivision
8.
Subd. 4 5. INTOXICATING LIQUOR: Any ethyl alcohol distilled, fermented, spirituous, OF
vinous or malt beverage containing more than three and two- tenths percent (3.2 of
alcohol by weight.
birthday.
Subd. 6. ORIGINAL PACKAGE: The corked bottle or sealed container in which the liquor
is placed by the manufacturer.
Subd. 7. PERSON: Includes a natural person of either sex, ee- partnership, corporation and
or association of persons and the agent or manager of any of the aforesaid. The
singular number includes the plural, and the masculine pronoun includes the feminine
and neuter.
Subd. 8. RESTAURANT: A place of which thc major business is prcparing and serving
lunches or m als to thc public to be censumcd en thc premises. (1988 Codc §101.01)
An establishment other than a hotel under the control of a sin le a ro riet. r r
manager, where meals are regularly prepared on the premises and served at tables to
the eneral ublic and havin a minimum seatin ca aci for ests as rescribed b
this Code.
503.02: LICENSE REQUIRED: No person, except wholesalers and manufacturers to
the extent authorized by law13, shall deal in or dispose of by gift, sale or otherwise or keep or
offer for sale, any beer 3.2 percent malt liquor within the Municipality City without first
having received a license as hereinafter provided. (1988 Code 101.02)
M.S.A. §340.301 ct seq.
Page 19
503.03: LICENSE CLASSIFICATIONS: Licenses shall be of two (2) kinds: retail
on -sale and retail off -sale.
Subd. 1. On -Sale Licenses:
a. On -sale licenses shall be granted only to bona fide clubs, beer 3.2 percent malt
liquor stores, drugstores, bowling centers, restaurants and hotels where food is
prepared and served for consumption on the premises. On -sale licenses shall permit
the sale of beer 3.2 percent malt liquor for consumption on the premises only. (1988
Code 101.02; 1993 Code)
b. A holder of an on -sale license to sell 3.2 percent malt liquor pursuant hereto, who is
also licensed to sell on -sale wine pursuant to subdivision 502.03(3) of this Title and is
licensed to sell on -sale 3.2 percent malt liquor pursuant to subdivision 503.03,
subdivision 1 (a) and whose gross receipts are at least sixty percent (60 attributable
to the sale of food, is permitted to sell intoxicating malt liquor at on -sale without an
additional license (Ord. 467, 6- 26 -89; Ord. 619, 4- 27 -98)
c. Outdoor Consumption Endorsement. A special endorsement may be issued by the
City to the holder of an on -sale 3.2 percent malt liquor license to allow sales and
consumption of 3.2 percent malt liquor outdoors when the outside service area is
immediately adjacent to and contiguous with the licensed premises. The licensee shall
make application for the special endorsement to the City and pay the annual fcc for
said endorsement and provide site plans which illustrate the proposed outdoor service
area. The special endorsement may be issued by the City Council to the licensee by
resolution after a public hearing on the special endorsement is held. The designated
outdoor service area shall not reduce the number of off street parking spaces which
would be required if the licensed premises together with the outside service area were
to be newly constructed in conformity with the City's zoning code.
The City may also require improvements to the outside service area prior to issuing the
special endorsement, including, but not limited to, safety barriers or other enclosures to
be placed around the perimeter of the outside service area in order to protect patrons
from any hazards, including vehicular traffic. (Ord. 771, 4- 24 -06)
Subd. 2. Off -Sale Licenses: Off -sale licenses shall permit the sale of bccr 3.2 percent malt
liquor at retail, in the original package, for consumption off the premises only. (1988
Code §101.02)
Subd. 3. Temporary 3.2 Percent Malt Liquor Special Events License. A temporary special
event 3.2 perccnt malt liquor liccnsc may be issued for the retail sale of 3.2 percent
and during the time of the special event. A special event
Sec subdivision 503.05(3) of this Chapter for application procedure for such license.
Page 20
which has bccn in existence for at lease three (3) y ars, or to an organization
contributing all of thc profits of thc sale of 3.2 perccnt malt liquor to a ehar-ity, or-to
any business holding an on sale license to sell 3.2 perccnt malt liquor issued by the
City or by an adjacent City. The license shall specify thc date, time and place and
premises of the special event. A special event 3.2 perccnt malt liquor license is not
Subd. 4 3. Temporary On -Sale 3.2 Percent Malt Liquor License /Festival In thc Park,
Temporary on -sale 3.2 Percent Mmalt Lliquor licenses may be issued to a holder of
502 or 503 of the Municipal Codc, or to a club, charitable, religious erganizatien, or
non profit organization for not more than two (2) consecutive days. Such license will
permit the licensee to dispense 3.2 Percent Mmalt Lliquor at the Festival In thc Park
Community Festival conducted on the premises located at 2101 Highway 10 at any
civic event sponsored by or approved by the City. The licensee must be engaged to
dispense 3.2 Percent Mmalt Lliquor at the event held by a person or organization
permitted to use the premises, and may dispense 3.2 Percent Mmalt Lliquor only to
persons attending the event. The licensee may not dispense 3.2 Percent Mmalt
Lliquor to any person attending or participating in an amateur athletic event held on
the premises. Proof of financial responsibility Abe is required in accordance with
Code Section 503.07, subdivision 1(e). (Ord. 619, 4- 27 -98)
503.04: ELIGIBILITY FOR LICENSE:
Subd. 1. Persons Ineligible for License; Exceptions: No license shall be granted to any
person:
a. Who is a minor under the age of 21.
b. Who within five years of the license application has been convicted of a felony or
of violating the National Prohibition Act or a willful violation of a federal or any law
of this State or local ordinance relating to the manufacture, sale, distribution, or
possession for sale or distribution of an alcoholic beverage or transportation of
intoxicating liquors
c. Who is has a direct or indirect interest in a manufacturer, brewer or wholesaler of
beer or who is interested in the control of any place where beer is manufactured.
Council.
Page 21
503.05:
e-d. Who is not of good moral character and repute.
f. Who is or, during thc period of this liccnsc, becomes a 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 issucd to tha
such place.
g e. Who is not the proprietor of the establishment for which the license is issued.
(1988 Code §101.06)
Subd. 2. Places Ineligible for License; Exceptions:
a. No on -sale or off -sale 3.2 percent malt liquor license shall be granted for sale on
any premises where a licensee has been convicted of a violation of this Chapter er of
thc State nonintoxicating or intoxicating liquor law16 or any license hereunder has
been revoked for cause until one (1) year has elapsed after such conviction or
revocation.
b. Commencing January 1, 1975, nNo off sale 3.2 percent malt liquor license shall be
granted to any premises where an on -sale intoxicating liquor license has been issued by
the Municipality City pursuant to the provisions of Chapter 502 of this Title.
c. No on -sale 3.2 percent malt liquor license shall be issued to any place within fifty
feet (50') of any public school or church with the exception of any place wherein a
license was in continuous operation and established prior to the building of such public
school or church.
d. No off -sale 3.2 percent malt liquor license shall be issued to any place within five
hundred feet (500') of any public school or church with the exception of any place
wherein an off sale liccnsc was in continuous operation and established prior to the
liccnsc but said off sale liccnsc had lapsed subsequent to January 1,
August 1, 1962; thence such place would be eligible for an off sale liccnsc only,
subject to all conditions imposcd by the Council at the time of the reinstatement of said
liccnsc relating to hours, lighting, signs and any other conditions imposcd for the
APPLICATION FOR LICENSE:
(1988 Code §101.07)
Subd. 1. Contents of Application; Filing: Every application for a license to sell beer 3.2
percent malt liquor shall be made on a form supplied by the Municipality C and
shall state the name of the applicant, applicant's age, representations as to the character
1 M.S.A. §340A.101 et seq.
Page 22
of applicant, with such references as may be required, applicant's citizcnship, whether
the application is for an on -sale or off -sale 3.2 percent malt liquor license, the name
and type of business in connection with which the proposed licensee will operate and
its location, whether 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. Applications shall be filed with the Clerk
Administrator.
Subd. 2. False Statements: It shall be unlawful to make any false statement in an
application. (1988 Code §101.03)
Subd. 3. Special Sales of Malt Liquor: Applications for a license to sell intoxicating malt
liquor on -sale pursuant to the requirements of subdivision 503.03(1)b of this Chapter
shall include documentation to substantiate food sales equal or exceeding sixty percent
(60 of gross receipts for the twelve (12) month period of November 1 through
October 31 preceding the license issuance date. Documentation shall be by statement
of certified public accountant based upon an audit of sales receipts or other certifiable
records of the business in connection with which the proposed license will operate.
(Ord. 467, 6- 26 -89)
503.06: LICENSE FEES:
Subd. 1. Payment of Fees: Each application for a license shall be accompanied by a receipt
from the Finance Director /Treasurer for payment in full of the required fee for the
license. All fees shall be paid into the General Fund of the Municipality Upon
rejection of any application for a license, the Finance Director /Treasurer shall refund
the amount paid.
Subd. 2. Proration of Fees: All licenses shall expire on December 31 in each year. Each
license shall be issued for a period of one (1) year; except, that if a portion of the
license year has elapsed when the application is made, a license may 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 (1) month.
Subd. 3. Annual Fees:
a. The annual fee for an on -sale and an off -sale 3.2 percent malt liquor license shall be
established by resolution of the City Council.
b. The annual fee for a bona fidc club or public place, other than an establishment
the consumption or display of intoxicating liquor shall be established by
the City Council. Said fcc shall be paid to the Finance Director /Tr asurcr before
January 1 of ach year, and if a portion of a y ar has elapsed when payment is made, a
Page 23
pro rata fee shall be paid. In computing such fee, any unexpired fraction of a month
shall be counted as one (1) whole month. The Finance Director /Treasurer shall issuc a
written receipt which shall be posted in somc conspicuous place upon the premises
§101.04)
o b. No additional license fee shall be required of a licensee who sells intoxicating
malt liquor on -sale pursuant to the requirements of subdivision 503.03), subdivision
lb) of this Chapter. (Ord. 467, 6- 26 -89)
temporary on -sale
d c. The fees for a temporary
3.2 percent liquor licenses shall be established by resolution of the City Council. (Ord.
591, 10- 29 -96)
Subd. 4. Increase of Fees: No noiiinte-xieating 3.2 percent malt liquor license fee shall be
increased, except after notice and public hearing by the Council on the proposed
increase. Notice of the proposed increase must be published in the official newspaper
and mailed to all affected licensees at least thirty (30) days in advance of before the
date set for the hearing. (Ord. 476, 10 -9 -89)
Subd. 5. Refunds: No part of the fee paid for any license issued under this Chapter shall be
refunded, except in the following instances upon application to the Council within
thirty (30) days from the happening of the event. There shall be refunded a pro rata
portion of the fee for the unexpired period of the license, computed on a monthly basis,
when operation of the licensed business ceases not less than one (1) month before
expiration of the license because of:
a. Destruction or damage of the licensed premises by fire or other catastrophe.
b. The licensee's illness.
c. The licensee's death.
d. A change in the legal status of the Municipality C N making it unlawful for the
licensed businesses to continue. (1988 Code 101.04)
503.07: PROOF OF FINANCIAL RESPONSIBILITY:
Subd. 1. Unless otherwise excepted by this Section, Beach application for an on -sale or off
sale 3.2 percent malt liquor license shall be accompanied by one (1) of the following proofs of
financial responsibility:
Subd-1. a. Certificate of Insurance: A certificate that there is in effect an insurance policy
issued by an insurer required to be licensed by Minnesota Statutes Section 60A.07,
Page 24
subdivision 4 or by an insurer reco nized as an eli ible sur s lus line carrier ursuant to
Minnesota Statutes Section 60A.206 or pool providing coverage of at least:
a-1. Fifty thousand dollars ($50,000.00) for bodily injury to any one (1) person in any
one (1) occurrence and subject to the limit of one (1) person,;
2. in the amount of eOne hundred thousand dollars ($100,000.00) for bodily injury to
two (2) or more persons in any one (1) occurrence;
1 and in the amount of tTen thousand dollars ($10,000.00) for injury to or destruction
of property of others in any one (1) occurrence:;
b 4. Fifty thousand dollars ($50,000.00) for loss of means of support of any one (1)
person in any one (1) occurrence and, subject to the limit for one (1) person„ and
5. eOne hundred thousand ($100,000.00) for loss of support of two (2) or more
persons in any one (1) occurrence.
b. Bond: A bond of a surety company with minimum coverages as provided in
Subdivision 1 (a) above; or
c. Commissioner of Management and Budget Certificate. A certificate of the State
Commissioner of Management and Budget that the licensee has deposited with the
Commissioner of Management and Bud. et '.100 000 in cash or securities which ma
legally be purchased by savings banks or for trust funds having a market value of
$100,000.
e Subd. 2. Temporary On -Sale 32 Percent Malt Liquor License. Temporary liccnsc for
a result of the sale or dispensing of non intoxicating malt liquor or intoxicating liquor under a
temporary liccnsc issued under Section 503.03, subdivision 3 for events on City owned
limits arc required: A certificate of insurance, bond or certificate from the Commissioner of
Management and Bud! as set forth in Su. division 1 are re. uired for tem ora on- ale 3.2
percent malt liquor licenses. The insurance policy or bond must have the following coverage:
One hundred thousand dollars ($100,000.00) bodily injury each person; two hundred
thousand dollars ($200,000.00) each common cause; one hundred thousand dollars
($100,000.00) property damage each common cause; one hundred thousand dollars
($100,000.00) loss of means of support; two hundred thousand dollars ($200,000.00) each
common cause; and three hundred thousand dollars ($300,000.00) annual aggregate. On any
policy or pool providing coverage hereunder, If the event is to be held on City property, the
City shall be named as an additional insured; and Tthe license holder
shall agree to hold the City harmless and agr-eeto indemnify and defend the City for acts of the
license holder. (Ord. 591, 10- 29 -96)
Page 25
Subd. 3. Subdivision 1 does not apply to 3.2 percent malt liquor licensees who by affidavit
establish that:
a. They are on -sale 3.2 percent malt liquor licensees with sales of less than $25,000 of
3.2 percent malt liquor for the preceding year; or
b. They are off -sale 3.2 percent malt liquor licensees with sales of less than $50,000 of
3.2 percent malt liquor for the preceding year;
Subd. 2 4. Approval by Council: The proof of financial responsibility under subdivision 1
hereof shall be approved by the Council and, when required, by the Commissioner of
Public Safety. The Municipal C Attorney shall approve the form of the financial
responsibility.
Subd. 3- 5. Revocation of License: The operation of such off -sale or on -sale 3.2 percent malt
liquor business without having proof of financial responsibility on file, at all times,
with the Municipality City, if required by this Section,
shall be grounds for immediate revocation of the license. Notice of cancellation of a
current liquor liability policy shall serve as notice of the impending revocation of the
license. (1988 Code §101 .04)
503.08: INVESTIGATION OF APPLICATION; HEARING; ISSUANCE OR
DENIAL: The Council shall investigate all facts set out in the 3.2 percent malt liquor license
application. No issuance of a new license, transfer of an existing license, renewal of an
existing license, issuance of a temporary special event or festival in the park 3.2 percent malt
liquor license or special outdoor consumption endorsement for the sale of 3.2 percent malt
liquor on -sale or off -sale shall be hereafter granted by the Council until a public hearing has
been conducted by the Council after published notice in the official newspaper at least ten (10)
days in advance of the hearing. After such investigation and hearing, the Council shall grant or
refuse the application, in its discretion. (1988 Code §101.05) (Ord. 771, 4- 24 -06)
503.09: CONDUCT OF BUSINESS; CONDITIONS OF LICENSE:
Subd. 1. Transferability of License: Each license shall be issued to the applicant only and
shall not be transferrable 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. (1988 Code §101.05)
Subd. 2. Compliance with Laws: 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 Chapter of this Code or State law'
M.S.A. §3401.101 et seq.
Page 26
Subd. 3. License to be Posted: All licensed premises shall have the license posted in a
conspicuous place at all times.
Subd. 4. Responsibility of Licensee: Every licensee shall be responsible for the conduct of
their place of business and shall maintain conditions of sobriety and order.
Subd. 5. Serving Miners Underage Persons and Intoxicated Persons: No beer 3.2 percent
malt liquor shall be sold or served to any intoxicated person or to any person who is a
miner under the age of 21.
Subd. 6. Consumption by is Underage Persons on Premises: No miner person under
the age of 21 shall be permitted to consume beer 3.2 percent malt liquor on the
licensed premises.
Subd. 7. Employment of Minors: No minor person under the age of 18 shall be permitted to
sell or serve beer 3.2 percent malt liquor in any on -sale establishment.
Subd. 8. Gambling and Gambling Devices:
a. Except as otherwise provided in this paragraph, Nno licensee shall keep, possess or
operate or permit the keeping, possession or operation of any slot machines, dice or
any gambling device or apparatus on the licensed premises or in any room adjoining
the licensed premises. Licensee shall not permit any gambling therein, except when in
conjunction with an event licensed authorized under by Minnesota Statutes, Section
Chapter 349 and sponsored by a fraternal, religious, veteran or other nonprofit
organization in the City, which has been in existence for at 1 ast three (3) y ars and has
at least thirty (30) active members. Lottery tickets may be purchased and sold within
the licensed premises as authorized by the Director of the State Lottery under
Minnesota Statutes Chapter 349A. Dice may be kept and used on licensed premises
and ad' oinin rooms for social dice ames as authorized b Minnesota Statutes Section
609.761, subdivision 4. (1988 Code §100.08) (Ord. 691, 1- 28 -02)
b. No licensee shall conduct or permit to be conducted on any licensed premises
"casino" or "Las Vegas" events where guests are allowed to participate in gambling
activities, except when said guests are not required to provide monetary consideration
for the right to participate in the event.
Subd. 9. Manufacturers or Wholesalers of Beer: No manufacturer or wholesaler of beer
shall have any ownership of or interest in an establishment licensed to sell at retail
contract. No retail licensee shall receive any benefits contrary to law from a
manufacturer or wholesaler of beer, and no such manufacturcr or wholesaler shall
confer any benefits contrary to law upon a retail license.
Page 27
Subd. 10. Federal Retail D alcr's Special Tax Stamp: No licensee shall sell bccr while
holding or exhibiting in the licensed premises a Federal retail liquor dealer's special tax
stamp unless licensee is licensed under the laws of Minncso
1.
Subd. -1-1- 9. Right of Entry and Inspection: The Commissioner of Public Safety, or
designated agents and duly authorized peace officers of the Municipality employees,
shall have the unqualified right to may. at all reasonable hours enter in and upon the
premises of any licensee to inspect and search the premises of a licensee during
business hours without a search and seizure warrant and examine the books, papers,
and records of a licensee for the purposes of determining compliance with the
provisions of Minnesota Statutes Chapter 340A. Refusal to permit such inspection
shall be a violation of this Chaptcr. If the Commissioner or any duly authorized
employee is denied free access or is hindered or interfered with in making an
inspection or examination, the license is subject to revocation by the Commissioner
pursuant to Minnesota Statutes Section 340A.304.
Subd. -1-2 10. Sale of Intoxicating Liquor:
a. No 3.2 percent malt liquor licensee who is not also licensed to sell intoxicating
liquor shall sell intoxicating liquors on the licensed premises.
b. It shall be unlawful for any business establishment or bona fide club or public place,
other than a place licensed to sell intoxicating liquors, to, directly or indirectly or upon
any pretense or by any device, allow the consumption or display of intoxicating liquor
or the serving of any liquid for the purpose of mixing with intoxicating liquor without
first securing a permit from the Commissioner of Public Safety and paying the annual
fee as provided for in this Chapter Minnesota Statutes Section 340A.414.
Subd. -14 11. Serving Beef 3.2 Percent Malt Liquor Under On -Sale License: An on -sale 3.2
percent malt liquor license shall entitle the holder to serve beer 3.2 percent malt liquor
in a separate room of the licensed premises for banquets or dinners at which are
present not less than eight (8) persona so long as the room is contiguous with the
licensed premises. (1988 Code §101.08)
503.10: HOURS OF SALES: No sale of bccr 3.2 percent malt liquor shall be made on
any Sunday between the hours of two o'clock (2:00) A.M. and twelve o'clock (12:00) noon.
No sale shall be made between the hours of two o'clock (2:00) A.M. and eight o'clock (8:00)
A.M. on any other day. (1988 Code §101.09; Amended, Ord. 717, 7- 28 -03)
+s M.S.A. §3'10A.101 ct seq.
Page 28
503.11: SUSPENSION OR REVOCATION OF LICENSE:
Subd. 1. Violation of Provisions: The violation of any provision or condition of this Chapter
by a beer or licensee's agent shall be grounds for revocation or suspension of the
license. Cause for Suspension: The Council may suspend or revoke any 3.2 percent
malt liquor license for violation of any provision or condition of this Chapter or any
State law regulating the sale of 3.2 percent malt liquor and shall revoke such license if
the licensee willingly violates an •rovision of Minnesota Statutes Chaster 340A or
this Chapter.
Subd. 2. Federal Retail Liquor D alcr's Special Tax Stamp: The liccnsc of any person who
holds a Fcdcral retail liquor dealer's special tax stamp shall be revoked without notice
and without hearing.
Subd. 3 2. Written Notice and Public Hearing: In all other cases, a Except in the case of a
suspension pending a hearing on revocation, revocation or suspension license granted
under this Chapter may be revoked or suspended by the Council shall be preceded by
after written notice to the licensee and a public hearing shall be held. The notice shall
give at least eight (8) days' notice of the time and place of the hearing and shall state
the nature of the charges against the licensee. The Council may suspend any license
pending a hcaring on revocation or suspension. (1988 Code §101.11)
Subd. 3. Suspension Pending Hearing: The Council may, without any advance notice
suspend any license pending a hearing on revocation for a period not exceeding thirty
(30) days.
503.12: VIOLATION OF PROVISIONS: Any person violating any provision of
this Chapter shall be guilty of a misdemeanor. (1988 Code §101.12)
Page 29
SECTION 3. This ordinance shall take effect and be in force 30 days from and after its
passage and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on April 26, 2010.
Second Reading and Adoption by the Mounds View City Council on May 10, 2010.
Publication Date: May 20, 2010.
Attest:
(seal)
Page 30
oe Fldte or
James Ericson
City Clerk Administrator
ORDINANCE SUMMARY
ORDINANCE 843
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE AMENDING TITLE 500 OF THE MOUNDS VIEW CITY CODE
REGARDING BUSINESS LICENSE REGULATIONS
On May 10, 2010, the Mounds View City Council adopted Ordinance 843 which
amends Chapters 502 and 503 of the Mounds View City Code regarding Liquor
Licenses.
The referenced ordinance represents a comprehensive revision to the liquor license
chapters in an effort to make necessary updates, eliminate confusing or inconsistent
provisions and to incorporate new legislation.
The Ordinance was first read on April 26, 2010, was adopted on May 10, 2010, was
published on May 20, 2010 and will become effective on June 19, 2010.
The ordinance is on file and available for public viewing at the office of the Clerk
Administrator. The ordinance is posted in its entirety on the City's website, located at
www.ci.mounds- view.mn.us
Jim
Jim Ericson
Clerk- Administrator