HomeMy WebLinkAboutAgenda Packets - 2010/05/10CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, May 10, 2010
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your
full name and address for the minutes. Also, please limit your comments to three minutes.
6. SPECIAL ORDER OF BUSINESS
A. Proclamation – National Public Works W eek (to be read out loud)
B. Proclamation – National Police Week (to be read out loud)
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing to Consider Resolution 7610, a Conditional Use Permit for
an oversized garage at 7406 Spring Lake Road.
B. Second Reading and Adoption of Ordinance 842, an Ordinance updating Chapter
1301 of the City Code, Flood Plain Management Regulations (ROLL CALL VOTE)
C. Second Reading and Adoption of Ordinance 843, an Ordinance Amending
Chapters 502 and 503 of the Municipal Code about Liquor Licenses (ROLL CALL
VOTE)
D. Second Reading and Adoption of Ordinance 844, an Ordinance Amending the
Mounds View Municipal Code by Changing all References of “Clerk-Administrator”
to “City Administrator” (ROLL CALL VOTE)
E. Resolution 7613, Awarding the Purchase of Employee Gift Certificates for the June
16, 2010, Employee Appreciation Day
F. Resolution 7614, Authorizing the Advertisement and Hire of a Temporary Part Time
Building Inspector
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for 7:05 pm, May 24, 2010, to Review and Consider the Five
Year Financial Plan
C. Resolution 7615, Revising the 2010 Fee Schedule by Adding a Temporary Liquor
License Fee
D. Set a Public Hearing for 7:10pm, May 24, 2010 to Consider Ordinance 845, a
Zoning Code Amendment to Chapter 1112, B-1 Neighborhood Business District, by
adding Thrift Store, and other additional permitted uses
E. Set a Public Hearing for 7:15pm, May 24, 2010 to Consider a Conditional Use
Permit for Outdoor Sales-Farmer’s Market, at 2430 Highway 10 (Wynnsong Movie
Theater parking lot)
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. April 12, 2010, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session: Monday, June 7, 2010, at 7:00 p.m.
Next Council Meeting: Monday, May 24, 2010, at 7:00 p.m.
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, May 10, 2010
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your
full name and address for the minutes. Also, please limit your comments to three minutes.
6. SPECIAL ORDER OF BUSINESS
A. Proclamation – National Public Works Week (to be read out loud)
B. Proclamation – National Police Week (to be read out loud)
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing to Consider Resolution 7610, a Conditional Use Permit for
an oversized garage at 7406 Spring Lake Road.
B. Second Reading and Adoption of Ordinance 842, an Ordinance updating Chapter
1301 of the City Code, Flood Plain Management Regulations (ROLL CALL VOTE)
C. Second Reading and Adoption of Ordinance 843, an Ordinance Amending
Chapters 502 and 503 of the Municipal Code about Liquor Licenses (ROLL CALL
VOTE)
D. Second Reading and Adoption of Ordinance 844, an Ordinance Amending the
Mounds View Municipal Code by Changing all References of “Clerk-Administrator”
to “City Administrator” (ROLL CALL VOTE)
E. Resolution 7613, Awarding the Purchase of Employee Gift Certificates for the June
16, 2010, Employee Appreciation Day
F. Resolution 7614, Authorizing the Advertisement and Hire of a Temporary Part Time
Building Inspector
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for 7:05 pm, May 24, 2010, to Review and Consider the Five
Year Financial Plan
C. Resolution 7615, Revising the 2010 Fee Schedule by Adding a Temporary Liquor
License Fee
City Council Agenda
Monday, May 10, 2010
Page 2
8. CONSENT AGENDA – Continued
D. Set a Public Hearing for 7:10pm, May 24, 2010 to Consider Ordinance 845, a
Zoning Code Amendment to Chapter 1112, B-1 Neighborhood Business District, by
adding Thrift Store, and other additional permitted uses
E. Set a Public Hearing for 7:15pm, May 24, 2010 to Consider a Conditional Use
Permit for Outdoor Sales-Farmer’s Market, at 2430 Highway 10 (Wynnsong Movie
Theater parking lot)
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. April 12, 2010, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session: Monday, June 7, 2010, at 7:00 p.m.
Next Council Meeting: Monday, May 24, 2010, at 7:00 p.m.
CITY OF MOUNDS VIEW
OFFICE OF THE MAYOR
PROCLAMATION
WHEREAS, public works services provided in our community are an integral part of our
citizens everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient
operation of public works systems and programs such as water, sewers, streets and
highways, public buildings, and solid waste collection; and
WHEREAS, the health, safety, and comfort of this community greatly depends on these
facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning,
design, and construction is vitally dependent upon the efforts and skill of public works
officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people’s attitude and understanding of the
importance of the work they perform,
NOW, THEREFORE, I, Joe Flaherty, Mayor of the City of Mounds View, do hereby
proclaim the week of May 16-22, 2010 as
“NATIONAL PUBLIC WORKS WEEK”
in The City of Mounds View, and I call upon all citizens and civic organizations to acquaint
themselves with the issues involved in providing our public works and to recognize the
contributions which public works officials make every day to our health, safety, comfort,
and quality of life.
Given under my hand and Seal of the City of Mounds View, this 10th day of May, 2010.
(SEAL)
Joe Flaherty, Mayor
Item No: 06B
Meeting Date: May 10, 2010
Type of Business: Special Order
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Thomas Kinney, Deputy Police Chief
Item Title/Subject: National Police Week Proclamation
Background:
Established in 1962 by President Kennedy and a joint resolution of the Congress, national
police week pays special tribute to the law enforcement officers who have lost their lives in
the line of duty for the safety and protection of others.
Recommendation:
It is the recommendation of staff that the following proclamation is declared. Please read
the Proclamation out loud.
Respectfully Submitted,
__________________
Thomas Kinney
Deputy Police Chief
CITY OF MOUNDS VIEW
OFFICE OF THE MAYOR
PROCLAMATION
WHEREAS, there are approximately 900,000 law enforcement officers serving in
communities across the United States, including the dedicated members of the Mounds
View Police Department;
WHEREAS, some 60,000 assaults against law enforcement officers are reported
each year, resulting in approximately 16,000 injuries;
WHEREAS, since the first recorded death in 1792, nearly 19,000 law enforcement
officers in the United States have made the ultimate sacrifice and been killed in the line of
duty, including members of the North St. Paul and most recently, Maplewood Police
Departments;
WHEREAS, the names of these dedicated public servants are engraved on the
walls of the National Law Enforcement Officers Memorial in Washington, D.C.;
WHEREAS, 324 new names of fallen heroes are being added to the National Law
Enforcement Officers Memorial this spring, including 116 officers killed in 2009 and 208
officers killed in previous years;
WHEREAS, the service and sacrifice of all officers killed in the line of duty will be
honored during the National Law Enforcement Officers Memorial Fund’s 22nd Annual
Candlelight Vigil, on the evening of Thursday, May 13, 2010;
WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place
this year on May 9-15;
WHEREAS, May 15th is designated as Peace Officers Memorial Day, in honor of all
fallen officers and their families;
THEREFORE, BE IT RESOLVED that the City of Mounds View formally designates
May 9-15, 2010, as
“Police Week in Mounds View ”
and publicly salutes the service of law enforcement officers in our community and in
communities across the nation.
Given under my hand and Seal of the City of Mounds View, this 10th day of May, 2010.
Joe Flaherty, Mayor
(seal)
Item No: 7A
Meeting Date: May 10, 2010
Type of Business: Public Hearing
Administrator Review: ________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Public Hearing - Consideration of a Conditional Use
Permit for an Oversized Garage at 7406 Spring Lake
Road; Planning Case No. CU2010-001
Introduction:
The applicants, Jason and Darcie Kramber, are requesting approval of a conditional use
permit to construct an oversized garage on their property at 7406 Spring Lake Road. The
Kramber’s own this vacant lot and plan to build a new home. The applicants want to build a
3-car garage that has extra storage space with the construction of their new home.
The applicants have submitted new house plans that include a garage that would be larger
than what the City Code allows. The City limites the size of accessory buildings, whether
attached or detached from the house, to a maximum of 952 square feet. Anything larger
than 952 square feet must get City approval of a conditional use permit. The garage the
Kramber’s are proposing with their new house would be 1,020 square feet. The applicants
indicate that they want the extra space for storage.
Requirements:
Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building,
the number of accessory buildings and the backyard coverage ratio of accessory buildings.
A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet.
Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages
exceeding 952 square feet. The garage must be permanent, be uniform in appearance with
the home, not exceed 35 feet in width, and not exceed 1,800 square feet of total accessory
building area on the lot.
Section 1125.01, Subd. 1: The Planning Commission is required to review the possible
adverse effects of the requested conditional use.
Discussion:
The request for a Conditional Use Permit to construct the 1,020 square foot garage satisfies
the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds
View Zoning Code. The proposed house and garage would meet all City setback
requirements.
Kramber CUP Request
May 10, 2010
Page 2
The Comprehensive Plan encourages the development and maintenance of residential areas
to improve the quality, appearance and attractiveness of housing units and residential
property in general. The Comprehensive Plan designates this property, 7406 Spring Lake
Road, as low-density residential.
CUP Considerations:
Chapter 1125 of the Zoning Code requires that the Planning Commission review and address
any potential adverse effects of a conditional use which include, but are not limited to, the
relationship with the Comprehensive Plan, geographical area involved, potential depreciation,
the character of the surrounding area and the demonstrated need for such a use. Staff has
addressed each of these potential adverse effects below.
Relationship with the Comprehensive Plan. As previously stated, the Comprehensive Plan
encourages the development and maintenance of residential areas to improve the quality,
appearance and attractiveness of housing units and residential property in general. The
applicants will be building an entirely new house that would be a benefit to the neighborhood.
The Geographical Area Involved. The home would be located on Spring Lake Road. Since
the garage is a side-load style, it would not be obvious from the street. In this case, the
proposed oversized garage would not be noticeable or out of place in the neighborhood. This
garage should not affect any neighboring properties.
Depreciation. The proposed garage would benefit the subject property both in a practical sense
by providing additional on site, indoor parking and storage, as well as in an economic sense, as
the new construction would increase the “value” of the property. Increased property values are
a benefit to everyone.
The Character of the Surrounding Area. This portion of Spring Lake Road is entirely
residential. The homes in this area are a variety of styles and ages and most have very large
lots – at least a half-acre. This property is 132 feet by 319 feet deep (0.88 acres), so the
oversize garage should not affect any neighbors. The proposed garage would not be out of
character in this area particularly since the garage is a side-load style and the extra square
footage of the garage will not be visible from the street.
The Demonstrated Need for Such a Use. The applicant is proposing a 1,020 square foot
garage that would allow for parking their vehicles inside plus storage space since there are no
other accessory buildings on the property.
Planning Commission Action:
The Planning Commission reviewed the request on Wednesday, May 05, 2010, and voted
unanimously to recommended approval of the conditional use permit.
Kramber CUP Request
May 10, 2010
Page 3
Recommendation:
City staff is recommending approval of the conditional use permit as requested.
1. Resolution 7610, approving the conditional use permit is attached if the Council chooses
this action.
2. The City Council may choose to deny the conditional use permit. If the Council chooses
this option, Staff would need to be directed to draft a resolution of denial with findings of
fact appropriate to support the denial.
3. Table the request. If additional information is needed before a decision can be rendered
or if more discussion is needed, the Council can simply move to table the request until
such information has been provided. Because of 60-day requirements, the Council
would need to act upon the request as soon as reasonably possible to avoid an
inadvertent approval.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments:
1. Zoning Map
2. Aerial View
3. House elevation
4. House first floor plan
5. Letter from Applicant
6. Resolution 7610
Zoning Map
County Road H2
* Properties not indicated with a designation are zoned R-1, Single Family Residential
Aerial View
Elevations of New Home
First floor plan
Garage
Letter from Applicants
RESOLUTION NO. 7610
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 1,020 SQUARE-
FOOT GARAGE AT 7406 SPRING LAKE ROAD; PLANNING CASE CU2010-001
WHEREAS, property owners Jason and Darcie Kramber have applied for a
conditional use permit to construct a 1,020 square foot garage; and,
WHEREAS, the subject property, located at 7406 Spring Lake Road, is zoned R-1,
Single Family Residential, and is legally described as follows:
Lot 78, Spring Lake Park Knolls, Ramsey County, Minnesota
PIN 073023230021
WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess
of 952 square feet in area with a maximum accessory building area not to exceed 1,800
square feet; and,
WHEREAS, the proposed garage would be 1,020 square feet, thus requiring City
approval of a conditional use permit; and,
WHEREAS, the Planning Commission reviewed the request on May 5, 2010 and
recommended approval of the conditional use permit; and,
WHEREAS, the City Council has reviewed the following documents regarding this
proposal:
a. Zoning Map
b. Aerial View
c. New Home Elevation
d. New Home floor plan
e. Staff Report
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes
the following findings of fact related to the conditional use permit request:
1. The proposed oversized 1,020 square foot garage satisfies the zoning
requirements as outlined in Chapters 1104 and 1106 the Zoning Code.
2. The request is consistent with the Mounds View Comprehensive Plan in that the
Comprehensive Plan encourages the development and maintenance of residential
areas so as to improve the quality, appearance and attractiveness of housing units
and residential property in general.
Resolution 7610 Page 2 3. The proposed garage would not be out of place given the design of the garage and the character and geography of the surrounding area involved.
4. The proposed garage would not depreciate the neighborhood.
5. The applicant has sufficiently demonstrated that a need exists for the proposed
oversized garage.
NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City
Council approves the conditional use permit for a 1,020 square foot garage, with conditions
as follows:
1. The garage shall not be used for commercial purposes, living space or other
uses not allowed within the R-1 Single-Family Residential district or by the Zoning
Code. Should the use change for which the permit was granted; the conditional use
permit shall be considered null and void.
2. The new garage shall be designed and maintained to provide a uniform appearance
with the existing house.
3. The Conditional Use Permit (CUP) shall become null and void if the work for
which the CUP was granted is not completed within one year from the date of
approval unless a petition for extension of time in which to complete the work has been
granted by the City Council.
Adopted this 10th day of May, 2010.
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, Clerk-Administrator
(SEAL)
Item No: 07C
Meeting Date: May 10, 2010
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Clerk - Administrator
Item Title/Subject: Second Reading and Adoption of Ordinance 843, an
Ordinance Amending Chapters 502 and 503 of the City Code
Relating to Liquor Licenses
Introduction:
Staff has been working with the City Attorney for the last few months reviewing Chapters
502 and 503 of the City Code relating to liquor licenses in an effort to make necessary
updates, eliminate confusing or inconsistent provisions and to incorporate new legislation.
Discussion:
The attached ordinance is a comprehensive rewrite of the chapters in question, enough so
that it would have been alternatively appropriate to delete the chapters in their entirety and
adopt brand new chapters. Since some of the language remains, we thought it would be
better to illustrate exactly what has been changed and why, so the Council has a better
understanding of the amendments. The changes are noted below, section by section.
Section 502.01 - Definitions
This section was completely rewritten. Many of the previous definitions were deficient,
inaccurate or outdated. For example, the definition of FOOD was eliminated. The state
requires Sunday sales of liquor to coincide with food sales. While the City can be more
restrictive than the state, it seemed overly controlling to legislate what kind of food a
licensed establishment had to offer on Sundays.
Section 502.02 – License Required
A line of text was deleted at the end of this section regarding types of licenses.
Section 502.03 – License Classifications
There are too many changes in this section to review, so I’ve highlighted a few that are
more than simple language tweaks. In Subd 1, the number of years a club has been in
existence has been reduced from 15 to 3, consistent with MN Statutes. In Subd 2 and
throughout the Code, “drugstores” have been removed as a business that can obtain or
hold a liquor license. Subd 4 indicates that Sunday sales of alcohol must be in conjunction
with the sale of food.
Liquor Code Revisions
May 10, 2010
Page 2
There are many changes in Subd 6 relating to temporary on sale licenses. The reference
to the former golf course property was deleted and the Community Center address was
removed as well, because the City has NEVER required a temporary on sale license in
association with events held at the event center. New language in this subdivision
indicates that a license may be issued for any civic event approved by the City.
Subd 7 was deleted because the City has no authorization to issue liquor banquet permits.
Section 502.04 – Eligibility for a License
General language updates.
Section 502.05 – Application for License
General language updates.
Section 502.06 –License Fees
In Subd 2, the annual fee for an off-sale license can be reduced by $100 if the licensee
trains its employees, posts a policy on checking IDs and adopts a written cash award and
incentive program for “catching” underage drinking and a penalty program if an employee
fails a compliance check. These provisions are consistent with MN Statutes.
Section 502.07 – Proof of Financial Responsibility
Additional requirements were added regarding insurance for events held on City property.
Section 502.08 – License Hearing
General language updates.
Section 502.09 – Review and Investigation of Application
General language updates.
Section 502.11 – Conduct of Business, Conditions of License
General language updates. Subdivisions 9 and 10 were recommended to be deleted as
being unnecessary.
Section 502.12 – Hours and Days of Sale
In addition to general language updates, the attorney points out that the State allows
Sunday sales to begin at 10 am. City Code indicates Noon.
Liquor Code Revisions
May 10, 2010
Page 3
Section 502.13 – Prohibited or Restricted Acts
Subd 3 relating to prostitution was deleted, not because it is no longer a concern, but rather
why single out one criminal act?
Section 502.14 – Minors
The revisions to this section eliminate the inconsistencies relating to minors in the liquor
code.
Section 503.01 – Definitions
The definitions relating to 3.2% malt liquor were updated.
Section 503.03 – License Classifications
As with the intoxicating liquor license requirements in Chapter 502, drugstores are removed
as a location which can receive such a license. Also similar to Chapter 502, requirements
for a temporary special event license at the event center are deleted. Licenses associated
with city approved or sponsored civic events are permitted.
Section 503.07 – Proof of Financial Responsibility
Additional requirements were added regarding insurance for events held on City property.
Section 503.09 – Conduct of Business, Conditions of License
Clarifies language relating to minors, clarifies language relating to lottery tickets, Subds 9
and 10 were deleted as unnecessary and other general language updates.
Section 503.10 – Hours of Sales
Minor tweak replacing beer with 3.2 percent malt liquor here and throughout Chapter 503.
Section 503.11 – Suspension or Revocation of License
This section was clarified and strengthened and made more consistent with the
requirements in Chapter 502.
Summary:
The revisions to Chapters 502 and 503 contemplated in Ordinance 843 have been
recommended by the City Attorney to eliminate inconsistencies, remove invalid or
inappropriate language and to clarify requirements. Staff worked closely with the attorney
on this ordinance and supports its adoption.
Liquor Code Revisions
May 10, 2010
Page 4
Previously:
On April 26, 2010, the City Council approved the first reading and introduction of this
ordinance. No changes have been made from the version presented on April 26.
Recommendation:
Approve the second reading and adoption of Ordinance 843, an ordinance amending
Chapters 502 and 503 of the Mounds View City Code relation to liquor licenses. Staff
further recommends the Council authorize the attached ordinance summary be published
in accordance with the City Charter.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
Attachments:
1. Ordinance 843
2. Ordinance Summary
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4.16.2010
Page 1
ORDINANCE NO. 843
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN 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. Statutes Adopted: For the purpose of the Intoxicating Liquor Act 1, except where
the context otherwise requires, the terms defined in Minnesota Statutes, section
340.07, subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 shall have
the meanings given them therein.
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 purposes, for intellectual improvement, or for the
promotion of sports, or a congressionally chartered veterans’ organization, which:
1 See M.S.A. §340A.101 et seq. for Liquor Act.
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4.16.2010
Page 2
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; beverages (liquid or powder) specifically
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 monitoring of alcohol in the home to prevent access by underage drinkers; and home
brewing equipment.
b FOOD: A menu consisting of not less than three (3) separate and distinct entrees,
complete with vegetable, salad, rolls or bread and selection of beverages.
c. MINOR: Any person who has not reached the age of nineteen (19) as of their last
birthday.
d. MUNICIPALITY: The City of Mounds View.
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 lodging are regularly furnished to
transients and which has:
a. A dining room serving the general public at tables and having facilities for seating
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4.16.2010
Page 3
at least 30 guests at one time; and
b. A minimum of 10 guest rooms.
Subd. 11. INTOXICATING LIQUOR: Ethyl alcohol, distilled, fermented, spirituous, vinous
and malt beverages containing more than 3.2 percent of alcohol by weight.
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. MANUFACTURER: A person who, by a process of manufacture, fermenting,
brewing, distilling, refining, rectifying, 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 inside the exterior walls of a restaurant, nightclub or other
establishment which is open to the general public for the sale, service or consumption of food
or liquor. (1988 Code §100.01)
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
wine” licenses. (1988 Code §100.02)
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Page 4
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 establishments for the sale of on-sale liquors exclusively 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 of Public
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
City may issue the amount of on-sale intoxicating liquor licenses as authorized in
Minnesota Statutes, sSection 340.11 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 2: 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, as defined in subdivision 501.01(l) of
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 one
time. Intoxicating liquor must be consumed on the premises in conjunction with the
sale of food.
Subd. 5. Bottle Clubs Consumption and Display Permits: Bottle clubs Consumption and
display permits are issued by the Commissioner and regulated by the provisions of
Minnesota Statutes, sSection 340.119 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 Edgewood Drive and
8290 Coral Sea Street in addition to premises 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 of Public Safety or unless the licensee contracts for intoxicating liquor
catering services with the holder of a state caterer's permit issued by the
Commissioner of Public Safety. This license shall be required notwithstanding 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)
Subd. 7. Temporary Intoxicating Liquor Banquet. In addition to any permit which may be
required by the state, an intoxicating liquor banquet license may be issued only to the
holder of an on-sale intoxicating liquor license issued under subdivision 1 of this
Chapter or to the holder of an on-sale intoxicating liquor license issued by an
adjacent City. Such license will permit the licensee to dispense intoxicating liquor at
any convention, banquet, conference, meeting or social event conducted on the
premises located at 5394 Edgewood Drive and 8290 Coral Sea Street owned by the
City of Mounds View. The licensee must be engaged to dispense intoxicating liquor
at any event held by a person or organization permitted to use the City owned
premises located at 5394 Edgewood Drive and 8290 Coral Sea Street and may
dispense intoxicating liquor only to persons attending the event. The licensee may
not dispense or sell intoxicating liquor to any person attending or participating in an
amateur athletic event held on the City owned premises 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
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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 or 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 whose 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 wholesale of intoxicating
liquor or the ownership or operation of any such business, but this shall not prevent
the issuance of a license for leased 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)
Subd. 2. Places Ineligible for License:
a. No license shall be issued to a drugstore until it has operated continuously for two
(2) years prior to the application.
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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
Municipality City are delinquent or unpaid.
c 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 for any the premises owned by another person to whom a license
may not be granted could not be issued under the provisions of this Chapter or an
owner who is a minor, alien or a person who has been convicted of a crime other than
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 been granted under 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.
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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 City 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 City. 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 appearing to
be 30 years old or less; and
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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 as authorized under
Minnesota Statutes 340A.408. (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 oOne 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 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
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(5) oOne 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 l (a) hereof above.; or
c. Securities Commissioner of Management and Budget 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).
d Subd. 2. Approval by Council: The proof of financial responsibility under this subdivision
shall be approved by the Council and, when required, by the Commissioner of Public Safety.
The Municipal City Attorney shall approve the form of the financial responsibility.
e. Temporary License for Event on City owned premises located at 5394 Edgewood Drive or
8290 Coral Sea Street: As a result of the sale or dispensing of non-intoxicating malt liquor
or intoxicating liquor under a temporary license issued under Section 502.03, subdivisions 6
and 7 for events on City owned premises located at 5394 Edgewood Drive and 8290 Coral
Sea Street the following insurance limits are required: 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 insurance pool providing coverage
hereunder, the City, shall be named as an additional insured. The license 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 intoxicating 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. If the event is to be held on City property,
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.
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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
City 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
special event or banquet licenses on-sale intoxicating liquor license, Sunday sales license, or
special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or
off-sale, club, Sunday sales or on-sale wine 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 investigation of all applicants and transfer applicants 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, on-
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 bond
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 Safety 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 change of address, transfer, cancellation,
suspension or revocation of any on-sale license by the Council during the license
period. (1988 Code §100.05)
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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 cChapter and of any other
applicable chapter of the municipality City Code or state law 3.
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
licensee holds an off-sale liquor license. 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 or nonintoxicating 3.2 percent
malt liquor be served or consumed on any licensed premises contrary to law 4.
1 M.S.A. §304A.191 et seq.
2 M.S.A. §340A.101 et seq.
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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 law5 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
permitted to have swinging doors or opaque windows.
Subd. 10. View of Sales: All sales shall be made in full view of the public. (1988 Code
§100.09)
502.12: HOURS AND DAYS OF SALES:
Subd. 1. General Restrictions: No on-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 be 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, or Christmas Day,
December 25, but on the evenings preceding such days, if the sale of liquor is not
otherwise prohibited on such evenings, off-sale may be made until ten o’clock
(10:00) P.M.; except, that no off-sale shall be made on December 24 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 to sell intoxicating liquor on Sunday may serve same intoxicating liquor
between the hours of twelve o’clock (12:00) noon and two o’clock (2:00) A.M. on
3 See Section 501.12 of this Chapter for hours of sales.
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Sundays in conjunction with serving the sale of food upon obtaining a Sunday Sales
license from the City. In addition, the City Council may authorize, by license, a
licensee to serve intoxicating liquors between the 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. Provided, however, that
the licensed establishment is in conformance with the Minnesota Clean Air Act6.
(Ord. 475, 10-9-89; Amended, Ord. 717, 7-28-03)
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 minor person under the age of 21, or to
any person obviously intoxicated or to any of the persons to whom sale is prohibited
by statute.
Subd. 2. Gambling Devices:
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 licensed authorized under by Minnesota
Statutes Chapter 349 and sponsored by a fraternal, religious, veteran or other
nonprofit organization in the City, which has been in existence for at least three (3)
years 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 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.
Subd. 3. Prostitution: No licensee shall permit the licensed premises or any room in those
premises or in any adjoining building which are, directly or indirectly, under
licensee’s control, to be used as a resort for prostitutes.
Subd. 4 3. 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.
1 M.S.A. §144.411 et seq.
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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.
Subd. 6 Display Off-Hours: No on-sale liquor establishment shall display liquor, when
open to the public, during hours when the sale 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 7: 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:
1 See also subdivision 702.01(5)d of this Code.
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(1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation or any sexual acts which are prohibited by law 8.
(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 9.
(2) Any person being touched, caressed or fondled on the breast, buttocks,
anus or genitals.
(3) Scenes wherein a person displays the vulva or anus or the 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.
1 M.S.A. §617.23 et seq.
2 M.S.A. §617.23 et seq.
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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 minor 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 minor person under the age of
21 shall misrepresent their his or her age for the purpose of obtaining liquor. nor shall
the minor 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 minor person under
the age of 21 such beverages on licensed premises.
Subd. 3. Inducing Minors Persons Under the Age of 21 to Purchase Liquor: No person
shall induce a minor person under the age of 21 to purchase or procure liquor.
Subd. 4. Procuring Liquor for Minors Persons Under the Age of 21: No person shall give
to, procure or purchase liquor for any minor person under the age of 21 or any other
person to whom the sale of intoxicating liquors is forbidden by law 10. (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 11. (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 12 and shall revoke such license if the licensee willfully
1 M.S.A. §340A.503.
2 M.S.A. §340A.412, subdivision 4.
1 M.S.A. §340A.101 et seq.
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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.
Subd. 3. BONA FIDE CLUB: A club organized for social or business purposes or for
intellectual improvement or for the promotion of sports, where the serving of beer is
incidental to and not the major purpose of the club An incorporated organization
organized under the laws of the state for civic, fraternal, social or business purposes,
for intellectual improvement, or for the promotion of sports, or a congressionally
chartered veterans’ organization, which:
(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
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(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
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. 4 5. INTOXICATING LIQUOR: Any ethyl alcohol distilled, fermented, spirituous, or
vinous or malt beverage containing more than three and two-tenths percent (3.2%) of
alcohol by weight.
Subd. 5. MINOR: Any person who has not reached the age of nineteen (19) as of their last
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, co-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 the major business is preparing and serving
lunches or meals to the public to be consumed on the premises. (1988 Code §101.01)
An establishment, other than a hotel, under the control of a single proprietor or
manager, where meals are regularly prepared on the premises and served at tables to
the general public and having a minimum seating capacity for guests as prescribed by
this Code.
503.02: LICENSE REQUIRED: No person, except wholesalers and manufacturers to
the extent authorized by law 13, 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)
1 M.S.A. §340.301 et seq.
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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 license14. (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 fee 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 beer 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 percent malt liquor license may be issued for the retail sale of 3.2 percent
malt liquor for consumption on City owned premises located at 5394 Edgewood Drive
and 8290 Coral Sea Street and during the time of the special event. A special event
2 See subdivision 503.05(3) of this Chapter for application procedure for such license.
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license may be issued to a club, or charitable, religious or other non-profit organization
which has been in existence for at lease three (3) years, or to an organization
contributing all of the profits of the sale of 3.2 percent malt liquor to a charity, or to
any business holding an on-sale license to sell 3.2 percent malt liquor issued by the
City or by an adjacent City. The license shall specify the date, time and place and
premises of the special event. A special event 3.2 percent malt liquor license is not
transferable. (Ord. 591, 10-29-96; Ord. 619, 4-27-98)
Subd. 4 3. Temporary On-Sale 3.2 Percent Malt Liquor License/Festival In the Park.
Temporary on-sale 3.2 Ppercent Mmalt Lliquor licenses may be issued to a holder of
an on-sale intoxicating license, 3.2 Percent Malt Liquor license issued under Chapters
502 or 503 of the Municipal Code, or to a club, charitable, religious organization, or
non-profit organization for not more than two (2) consecutive days. Such license will
permit the licensee to dispense 3.2 Ppercent Mmalt Lliquor at the Festival In the Park
Community Festival conducted on the premises located at 2401 Highway 10 at any
civic event sponsored by or approved by the City. The licensee must be engaged to
dispense 3.2 Ppercent Mmalt Lliquor at the event held by a person or organization
permitted to use the premises, and may dispense 3.2 Ppercent Mmalt Lliquor only to
persons attending the event. The licensee may not dispense 3.2 Ppercent Mmalt
Lliquor to any person attending or participating in an amateur athletic event held on
the premises. Proof of financial responsibility will be is required in accordance with
Code Section 503.07, subdivision 1(c). (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 15.
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.
d. Who is an alien or a nonresident of Mounds View unless otherwise directed by the
Council.
1 M.S.A. §340A.101 et seq.
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e d. Who is not of good moral character and repute.
f. Who is or, during the period of this license, 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 issued to that person a local license to sell intoxicating liquor at
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 or of
the 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 license was in continuous operation and established prior to the
building of such public school or church or such place at onetime held an off-sale
license but said off-sale license had lapsed subsequent to January 1, 1950, and prior to
August 1, 1962; thence such place would be eligible for an off-sale license only,
subject to all conditions imposed by the Council at the time of the reinstatement of said
license relating to hours, lighting, signs and any other conditions imposed for the
protection of the adjoining property owners. (1988 Code §101.07)
503.05: APPLICATION FOR LICENSE:
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 City and
shall state the name of the applicant, applicant’s age, representations as to the character
1 M.S.A. §340A.101 et seq.
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of applicant, with such references as may be required, applicant's citizenship, 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 City. 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 fide club or public place, other than an establishment
holding a license to sell intoxicating liquor on-sale, wherein there shall be permitted
the consumption or display of intoxicating liquor shall be established by resolution of
the City Council. Said fee shall be paid to the Finance Director/Treasurer before
January 1 of each year, and if a portion of a year has elapsed when payment is made, a
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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 issue a
written receipt which shall be posted in some conspicuous place upon the premises
alongside the permit issued by the Commissioner of Public Safety. (1988 Code
§101.04)
c 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(3), subdivision
1 (b) of this Chapter. (Ord. 467, 6-26-89)
d c. The fees for a temporary non-intoxicating special events license temporary on-sale
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 nonintoxicating 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 City 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, Eeach 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,
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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:
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 oOne 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.;
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. oOne 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 Budget $100,000 in cash or securities which may
legally be purchased by savings banks or for trust funds having a market value of
$100,000.
c. Subd. 2. Temporary On-Sale 3.2 Percent Malt Liquor License. Temporary license for
event on City owned premises located at 5394 Edgewood Drive and 8290 Coral Sea Street. As
a result of the sale or dispensing of non-intoxicating malt liquor or intoxicating liquor under a
temporary license issued under Section 503.03, subdivision 3 for events on City owned
property located at 5394 Edgewood Drive and 8290 Coral Sea Street the following insurance
limits are required: 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 3.2
percent malt liquor licenses. The insurance policy or bond must have the following coverage:
Oone 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 under this paragraph
shall agree to hold the City harmless and agree to indemnify and defend the City for acts of the
license holder. (Ord. 591, 10-29-96)
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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 City 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, proof of financial responsibility
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 17.
17 M.S.A. §340A.101 et seq.
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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 Minors 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
minor under the age of 21.
Subd. 6. Consumption by Minors Underage Persons on Premises: No minor 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 least three (3) years 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 adjoining rooms for social dice games as authorized by 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
contrary to the provisions of Minnesota Statutes, Section 340.02. No retail licensee
and manufacturer or wholesaler of beer shall be parties to any exclusive purchase
contract. No retail licensee shall receive any benefits contrary to law from a
manufacturer or wholesaler of beer, and no such manufacturer or wholesaler shall
confer any benefits contrary to law upon a retail license.
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Subd. 10. Federal Retail Dealer's Special Tax Stamp: No licensee shall sell beer 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 Minnesota to sell intoxicating
liquor 18.
Subd. 11 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 Chapter. 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. 12 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. 13 11. Serving Beer 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) persons so long as the room is contiguous with the
licensed premises. (1988 Code §101.08)
503.10: HOURS OF SALES: No sale of beer 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)
18 M.S.A. §340A.101 et seq.
DRAFT
4.16.2010
Page 29
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 any provision of Minnesota Statutes Chapter 340A or
this Chapter.
Subd. 2. Federal Retail Liquor Dealer's Special Tax Stamp: The license of any person who
holds a Federal 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 hearing 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)
DRAFT
4.16.2010
Page 30
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.
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson
City Clerk-Administrator
(seal)
DRAFT
4.16.2010
Page 1
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 Ericson
Clerk-Administrator
Item No: 7D
Meeting Date: May 10, 2010
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Clerk - Administrator
Item Title/Subject: Second Reading and Adoption of Ordinance 844, an Ordinance
Amending the Mounds View City Code By Changing All
Occurrences in the City Code of “Clerk-Administrator” to “City
Administrator”
Introduction:
In 2009, the Charter Commission was asked to consider amending the Charter to update the
title of the Clerk-Administrator position to a more commonly used title, such as City
Administrator. On March 8, 2010, the City Council adopted Ordinance 841 which revised the
City Charter by replacing all instances of “Clerk-Administrator” with “City Administrator.” At that
meeting, staff communicated to the City Council that a second ordinance would be needed to
effectuate the same change throughout the municipal code. Ordinance 844 accomplishes this
comprehensive amendment.
Discussion:
The Charter Commission discussed the potential title change at many meetings, reviewing MN
Statutes, LMC documentation and reports, the Mounds View City Code and other references in
their analysis. After much deliberation, the Commission adopted Resolution 2009-03e which
replaced all occurrences of “Clerk-Administrator” with “City Administrator.” In addition, Sections
6.03 and 6.04 were amended to clarify duties and responsibilities of the administrator and
treasurer. The City Attorney has prepared the attached Ordinance 844 and recommends its
adoption to bring make the City Code consistent with the City Charter.
Previously:
The City Council approved the first reading and introduction of this ordinance on April 26, 2010.
No changes have been made to the ordinance since the first reading.
Recommendation:
Consistent with Ordinance 841 and consistent with City Attorney direction, staff recommends
approval of the second reading and adoption of Ordinance 844, an ordinance changing the title
of the Clerk-Administrator to City Administrator throughout the City Code. Staff further
recommends Council authorization to publish an ordinance summary in the official city
newspaper in accordance with the City Charter.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
ORDINANCE NO. 844
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CODE BY CHANGING ALL
OCCURRENCES IN THE CITY CODE OF “CLERK-ADMINISTRATOR” TO “CITY
ADMINISTRATOR”
SECTION 1. On March 8, 2010, the City Council adopted Ordinance 841 which amended
the City Charter by changing all occurrences of “Clerk-Administrator” in the Charter to “City
Administrator” and revised Sections 6.03 and 6.04 of the Charter regarding the duties of the
City Administrator and City Treasurer. This Ordinance was published on March 18, 2010 and
will be effective June 16, 2010, absent any challenges.
SECTION 2. In order to make the City Code consistent with the changes in the City Charter
that were set forth in Ordinance 841, the City Council of the City of Mounds View hereby
amends the Mounds View Municipal Code as follows:
Wherever the words “Clerk-Administrator” appear in the Code, such words
shall be deleted and replaced with the words “City Administrator.”
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.
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson
City Clerk-Administrator
ORDINANCE SUMMARY
ORDINANCE 844
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE AMENDING THE MOUNDS VIEW CITY CODE BY CHANGING
ALL OCCURRENCES IN THE CITY CODE OF “CLERK-ADMINISTRATOR”
TO “CITY ADMINISTRATOR”
On March 8, 2010, the Mounds View City Council approved Ordinance 841 which
amended the Mounds View City Charter by changing the name of the Clerk-Administrator
to City Administrator. In order to make the City Code consistent with the changes made to
the City Charter, the City Council adopted Ordinance 844 which amends the City Code such
that wherever the words “Clerk-Administrator” appear, such words shall be deleted and
replaced with the words “City Administrator.”
Ordinance 844 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 Ericson
Clerk-Administrator
Item No: 7E
Meeting Date: May 10, 2010
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree M. Crane, Assistant City Clerk-Administrator
Item Title/Subject: Resolution 7613, Authorizing the Purchase of Employee Gift
Certificates for the June 16, 2010, Employee Appreciation Day
Introduction:
As stated in Resolution 5617, the City will provide eligible employees gift certificates for a
Five-Year Employment Milestone. In the past, the City has also provided a luncheon to
appreciate the hard work and dedication of city employees. These gift certificates have been
awarded to the eligible employees during the annual employee appreciation luncheon.
Discussion:
One of the clauses in Resolution 5617 is that the City would provide to employees “gift
certificates in the amount of $5 per year of service at five-year increments.” Currently there
are 10 city employees that fall under these criteria. Both the Employee Lunch and Gift
Certificates are currently budgeted for 2009 (Budget # 100-4100-1600). The employees
below qualify under the criteria set in Resolution 5617:
Employee Name Department Years of
Service as of
2010
Gift Certificate
Amount
Mary Tatarek Finance 30 years $150
David Anderson Police 25 years $125
Darrell Meyer Police 25 years $125
Robert Nelson Police 25 years $125
Mark Beer Finance 5 years $25
Peter Berling Police 5 years $25
Nate Behlen Public Works 5 years $25
Heidi Heller Community
Development
5 years $25
Item 07E
May 10, 2010
Page 2
The City has $850 in the budget for gift certificates, and an additional $850 for the employee
luncheon. In years past, the luncheon has been catered, and held at the Mounds View
Community Center. However, it was decided at an April City Council Meeting to have a pot
luck type of event instead of a catered event. The Employee Appreciation Day is scheduled
for Wednesday, June 16, 2010, at City Hall Park (Big Pavilion) from 11am to 1pm.
Recommendation:
Staff recommends approval of Resolution 7613, Authorizing the Purchase of Employee Gift
Certificates for the June 16, 2010, Employee Appreciation Day.
Respectfully submitted,
__________________________
Desaree M. Crane
Assistant City Clerk-Administrator
RESOLUTION NO. 7613
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING DISTRIBUTION OF SERVICE
APPRECIATION CERTIFICATES TO EMPLOYEES HAVING REACHED
FIVE-YEAR EMPLOYMENT MILESTONES
WHEREAS, Resolution 5617 was adopted by the City Council on October 8, 2001;
and,
WHEREAS, one of the clauses in Resolution 5617 indicates that the City will provide
to employees certificates in the amount of $5 per year of service at five-year increments; and,
WHEREAS, the following individuals have achieved an employment milestone with the
City of Mounds View.
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does
hereby appreciate and recognize the eight (8) employees listed above for their years of
dedicated service and, pursuant to Resolution 5617, does hereby authorize the distribution of
Service Appreciation Gift Certificates to each herein identified employee in amounts equal to
five times their years of service.
Adopted this 10th day of May, 2010
________________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
James Ericson, Clerk-Administrator
(seal)
Employee Name Department Years of
Service as of
2010
Gift Certificate
Amount
Mary Tatarek Finance 30 years $150
David Anderson Police 25 years $125
Darrell Meyer Police 25 years $125
Robert Nelson Police 25 years $125
Mark Beer Finance 5 years $25
Peter Berling Police 5 years $25
Nate Behlen Public Works 5 years $25
Heidi Heller Community
Development
5 years $25
Item No: 08A
Meeting Date: May 10, 2010
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Community Development Technician
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Please consider the following contractor licenses for approval. All contractor licenses will expire
on December 31, 2010. All applicants have submitted appropriate fees and proof of insurance.
Those companies that are “new” include applicants that have never been licensed with the City or
they may have been licensed with the City in the past, but were not licensed in 2009. The majority
of the licenses are renewals, so at a minimum, they were licensed in 2009. The type of license
they are applying for follows the company name.
Blacktop Driveway Company Asphalt Renewal
Knight Heating & Air Conditioning HVAC New
Lino Lakes Blacktop, Inc. Asphalt Renewal
Recommendation: Approve license applications as requested.
Item No: 08C
Meeting Date: May 10, 2010
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Clerk-Administrator
Item Title/Subject: Resolution 7615 Revising the 2010 Fee Schedule by
Adding a Temporary Liquor License Fee
Background
The City currently does not charge a fee for Temporary Liquor Licenses in the 2010 Fee
Schedule. Staff is requesting a revision to the 2010 Fee Schedule by add a Temporary
Liquor License Fee.
Discussion
The Mounds View Festival in the Park Committee would like to serve beer at this year’s
festival (Saturday, August 21, 2010). At the last Festival Committee meeting, the
committee approved the Blaine/Anoka Jaycees to manage and serve beer/malt beverages.
In order for the Blaine/Anoka Jaycees to sell liquor at City Hall Park, they will need a
temporary liquor license. Currently, the City does not charge any fees for this type of
license. Below is a list of what surrounding communities charge for temporary On-Sale/3.2
Malt Liquor Licenses:
CITY TEMPORARY LIQUOR FEE
(Fees are the same whether requesting a
Temporary On-Sale or 3.2 Malt Liquor)
Arden Hills $160.00
Blaine $50.00
Faribault $35.00
Minneapolis $350.00
New Brighton $100.00
New Ulm $100.00
Prior Lake $25.00
Rosemount $150.00
Roseville $50.00
St. Paul $50.00
Processing a temporary On-Sale/3.2 Malt Liquor License would require Staff to:
1. Review the Application.
2. Verify that the organization has a valid liquor license with the Minnesota
Department of Public Safety, Alcohol and Gambling Division.
3. Verify that the organization has adequate insurance in accordance with
the City Code.
Item 08C
May 10, 2010 City Council Meeting
Page 2
4. Contact area cities and obtain reference checks
5. Contact the Mounds View Police Department and inform them of the
temporary liquor license and event.
6. Obtain City Council authorization by Resolution.
At the May Work Session, it was the consensus of the City Council to charge $100 for a
Temporary Liquor License per event.
Recommendation
Staff is recommending adding the Temporary Liquor License fee to the 2010 Fee
Schedule. If approved, Staff will post the revised 2010 Fee Schedule on the City’s website.
In addition, Staff will provide the City Council a revised copy of the 2010 Fee Schedule.
Respectfully submitted,
___________________________
Desaree Crane
Assistant City Clerk-Administrator
RESOLUTION 7615
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION REVISING THE 2010 FEE SCHEDULE
WHEREAS, revisions and updates to the Fee Schedule are necessary; and
WHEREAS, the Mounds View City Council passed Resolution 7530, which
approved the 2010 Fee Schedule; and
WHEREAS, the City currently does not charge a fee for Temporary Liquor Licenses
in the 2010 Fee Schedule; and
WHEREAS, it was the consensus of the City Council to charge $100 for a
Temporary Liquor License per event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds
View does hereby approve the revised 2010 Fee Schedule by adding a $100 fee for
Temporary Liquor Licenses.
Adopted this 10th day of May, 2010.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(seal)
Corrections made by Clerk -Administrator Ericson, Community Development Director Roberts, Councilmember Mueller and Assistant City Clerk -Administrator Crane
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
April 12, 2010 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, April 12, 2010, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To approve the Monday, April 12, 2010, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
None. 30
31
6. SPECIAL ORDER OF BUSINESS 32
A. Resolution 7601, A Resolution of Appreciation for Inspection Intern Jeff 33
Baker. 34
35
Building Official/Fire Marshal Osmonson recognized Jeff Baker, a member of the Blaine/Spring 36
Lake Park/Mounds View Fire Department and the City’s Inspection Intern since June of last year. 37
She explained that Mr. Baker had resigned his position and was attending school to complete a 38
degree in Building Inspection Technologies. 39
40
Council Member Mueller noted that Mr. Baker has an electrical background and asked about his 41
future plans. Mr. Baker stated his appreciation to Mounds View for the experience he had gained 42
and interest in pursuing a career in building inspections. 43
44
Mounds View City Council April 12, 2010
Regular Meeting Page 2
Mayor Flaherty read in full and presented a Resolution of Appreciation to Jeff Baker in 1
recognition of his contribution to the City of Mounds View. 2
3
MOTION/SECOND: Gunn/Mueller. To Adopt Resolution 7601, A Resolution of Appreciation 4
for Inspection Intern Jeff Baker. 5
6
Ayes – 5 Nays – 0 Motion carried. 7
8
7. COUNCIL BUSINESS 9
A. Resolution 7602, Approving the Hire of Kevin Koch as Engineering/GIS 10
Intern in the Public Works Department. 11
12
Assistant City Clerk-Administrator Crane explained the Engineering Intern resigned last fall and 13
the Council discussed, at its February 1, 2010, Work Session, and then approved, at its February 14
8, 2010, Regular Meeting, a revised position title from “Engineering Intern” to “Engineering/GIS 15
Intern” and authorized advertisement for rehiring. Assistant to the Clerk-Administrator Crane 16
stated the position was advertised at $11.75 per hour without benefits and would be funded from 17
the Water and Sanitary Sewer Enterprise Funds. She indicated that 34 applications were received 18
and six applicants were interviewed. She presented the recommendation of the interview panel 19
to hire Kevin Koch, pending a satisfactory background check. Assistant City Clerk-20
Administrator Crane reviewed Mr. Koch’s education and experience, noting this is a temporary 21
intern part-time position with flexible hours. 22
23
Council Member Stigney asked how much was budgeted for this position, how much has been 24
spent, and how much does the City anticipate spending? Public Works Director DeBar stated that 25
zero dollars have been spent to date 2010 for this position. The hours worked will vary and since 26
Mr. Koch will attend St. Cloud State, there may be few or no hours this fall. If this position 27
works full-time for three months this summer and during Christmas break, the cost is estimated 28
to be $7,500 to $8,000. If working during the school months, the cost is estimated to be $10,000. 29
30
Finance Director Beer advised that $11,000 is budgeted for this intern position. 31
32
Council Member Stigney asked how long it is anticipated there will be a need for this position. 33
Public Works Director DeBar explained the 2010 budget included $30,000 to hire a consultant 34
for GIS base mapping. Filling this position would reduce that amount since Mr. Koch has GIS 35
base mapping experience but a consultant may still be needed to start the mapping project. 36
Public Works Director DeBar stated this position would be needed for 2011 to complete the GIS 37
mapping project. He advised that Mr. Koch is aware of the situation with the budget. 38
39
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7602, 40
Approving the Hire of Kevin Koch as Engineering/GIS Intern in the Public Works Department. 41
42
Mayor Flaherty asked staff to explain the Water and Sewer Enterprise Fund. Clerk-43
Administrator Ericson explained the Water and Sewer Enterprise Fund receives funding from 44
quarter utility billings, which are based on water usage and flat fees. He advised that hiring this 45
Mounds View City Council April 12, 2010
Regular Meeting Page 3
position would not affect the General Fund or rates charged to property owners. 1
2
Council Member Mueller stated this action would replace a position vacated last fall and having 3
this part-time intern to do GIS mapping will save the City some consulting fees and allow 4
Engineering Technician Hess to complete higher-level work tasks, so it is a good value for the 5
City. 6
7
Mayor Flaherty noted that a lot of money will be saved in consulting fees. 8
9
Ayes – 5 Nays – 0 Motion carried. 10
11
B. Resolution 7603, Approving the Schedule of Costs and Schedule of Payment 12
for Private Improvements in the 2010 Street and Utility Improvement Project 13
– Area B/C. 14
15
Public Works Director DeBar reviewed that the Council had adopted a Private Improvement 16
Program (PIP) that established the components in which property owners can have their driveway 17
and utility services improved as part of the Street and Utility Improvement Program. He 18
explained that prior to the project there were no barrier curbs, which resulted in the creation of 19
multiple access points to properties. When the project was designed, the engineers addressed 20
Code compliance of one driveway access per property with some exceptions. 21
22
Public Works Director DeBar advised that the PIP had good participation during last year’s Area 23
A project. Staff solicited prices to do the work and converted it into a lineal foot basis to widen a 24
driveway and lengths of service pipes. The Area B/C project bid form included prices to be used 25
for private driveway improvement and sanitary sewer replacements. The resident is responsible 26
for 100% of this cost and will receive a reduced cost due to the scale of the City’s project. He 27
noted the schedule of costs for this year’s project include updated costs for the same driveway 28
improvements as last year, but only includes sanitary sewer service replacement costs for private 29
utility improvements. The schedule of payment remains unchanged from last year’s project. 30
Payment in full is required for any private improvement costs less than $500. Otherwise, 31
property owners have the option to assess the improvement costs. An assessment administrative 32
fee is required of $35 and the assessment interest rate is 5.50%. 33
34
Public Works Director DeBar referenced Exhibit A and reviewed the project costs, noting 35
driveway prices are lower than last year; however, the sanitary sewer replacement costs have 36
increased. One property was identified that could be divided but that property owner indicated 37
they were not interested so it was not included in the schedule. 38
39
Council Member Mueller asked whether the assessment plan will be discussed at the April 13, 40
2010, neighborhood meeting. Public Works Director DeBar answered in the affirmative and 41
advised that the forms for participation and waiver, as drafted by Kennedy and Graven, will also 42
be available. 43
44
Council Member Mueller asked how long a sewer pipe lasts and how residents know if their 45
Mounds View City Council April 12, 2010
Regular Meeting Page 4
sewer line should be replaced. Public Works Director DeBar estimated the sewer line, depending 1
on the type of pipe material used and tree roots, can last up to 50 years. He advised the sewer 2
pipe would be replaced with PVC pipe that has a life span of about 100 years. 3
4
Council Member Mueller asked how far the television equipment could see up a utility line. 5
Public Works Director DeBar stated the City’s equipment can see a distance of about five feet 6
and if tree roots are viewed, the resident will be notified and encouraged to hire a plumber to 7
videotape and clean their service line, if needed. 8
9
Mayor Flaherty stated the property owner is responsible for their own sewer line. Clerk-10
Administrator Ericson clarified the property owner is responsible for the sewer line from their 11
house to the mainline. He encouraged property owners to inform the City when cleaning their 12
sewer line to ensure it does not create a blockage in the main line or another property owner’s 13
private line. 14
15
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7603, 16
Approving the Schedule of Costs and Schedule of Payment for Private Improvements in the 2010 17
Street and Utility Improvement Project – Area B/C. 18
19
Ayes – 5 Nays – 0 Motion carried. 20
21
8. CONSENT AGENDA 22
23
Mayor Flaherty asked to remove Item D. 24
25
A. Licenses for Approval. 26
B. Set a Public Hearing for Monday, April 26, 2010, at 7:05 p.m. for 27
Consideration of an Interim Use Permit for the Temporary Tent at The 28
Mermaid, 2200 Highway 10. 29
C. Set a Public Hearing for Monday, April 26, 2010, at 7:10 p.m. for 30
Consideration of an Outdoor Liquor Consumption Endorsement for The 31
Mermaid, 2200 Highway 10. 32
D. Resolution 7604, Authorizing Insurance Policies for the Year January 2010 33
through December 2010. 34
35
MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda Items A, B, and C. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
D. Resolution 7604, Authorizing Insurance Policies for the Year January 2010 40
through December 2010. 41
42
Mayor Flaherty stated that the Council and City staff are always looking at ways to save money 43
and asked about the 2010 insurance rates. Finance Director Beer advised that insurance rates 44
increased $2,700 over last year, which was less than expected. This resulted from a reduction in 45
Mounds View City Council April 12, 2010
Regular Meeting Page 5
property and liability insurance by $9,100 and an offsetting increase in workers compensation by 1
$11,800 due to a higher experience modifier. 2
3
Mayor Flaherty commented on the increase in workers compensation due to incidents over the 4
last three years, noting it will go down considerably next year, if accident free. Finance Director 5
Beer stated that is correct and reviewed the vehicle accident that had occurred that was not the 6
fault of the City’s employee. He advised that the League, every 6 years, pays an appraiser to 7
review the City’s buildings and equipment to determine the appropriate value. From the City’s 8
standpoint, it is not underinsured, and if values are lowered it will save the City premium dollars. 9
10
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7604, 11
Authorizing Insurance Policies for the Year January 2010 through December 2010. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
9. JUST AND CORRECT CLAIMS 16
17
Finance Director Beer answered the Council's questions related to claims. Council Member 18
Mueller requested additional information on the park building window that was replaced. 19
20
MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as Presented. 21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
10. APPROVAL OF MINUTES 25
A. March 8, 2010, City Council Meeting Minutes. 26
27
MOTION/SECOND: Mueller/Gunn. To Approve the March 8, 2010, City Council Meeting 28
Minutes as corrected on Page 3, Line 24, to change the word “ceduce” to “reduce.” 29
30
Ayes – 5 Nays – 0 Motion carried. 31
32
11. REPORTS 33
A. Reports of Mayor and Council. 34
35
Council Member Mueller reported on the car show held at Robert’s on Sunday and advised the 36
car shows will be on-going through the summertime. She indicated the Festival in the Park flyer 37
is posted on the City’s website and will be distributed at local car shows. A special feature for 38
the Festival in the Park is that NHRA driver Martin Schmidt will bring his alcohol fueled 39
dragster to the car show. Council Member Mueller noted the food shelf is accepting food and 40
cash donations and encouraged residents to keep this in mind during the summer months. 41
42
Council Member Mueller extended her congratulations to Austin Prange who achieved the Eagle 43
rank of Boy Scouts. She stated that Austin Prang is a senior at Irondale High School and 44
planning to attend Mankato University to major in mechanical engineering. 45
Mounds View City Council April 12, 2010
Regular Meeting Page 6
1
Mayor Flaherty noted the community has many Eagle Scouts, which says a lot about the families 2
who live in Mounds View. Council Member Mueller concurred, noting that only 1% of all Boy 3
Scouts achieve the rank of Eagle Scout. 4
5
Mayor Flaherty stated he had received a call from a long-time residents asking about the law 6
enacted on January 1, 2010, requiring the use of compostable lawn bags. He reviewed the 7
requirement to use compostable bags if the bags are placed at the curb for pick-up. 8
9
B. Reports of Staff. 10
1. Administration Quarterly Report. 11
12
Clerk-Administrator Ericson provided a brief review of the administration quarterly report. The 13
Council discussed comments received at the recently held Town Hall meeting. 14
15
Finance Director Beer advised that a water tower lease check has been received from Clearwire 16
and requested Council’s direction, noting it has been the City’s past practice to deposit these 17
funds in the Water Fund. Following discussion, the Council agreed with the suggestion of 18
Council Member Stigney to deposit the funds in the General Fund since it is the most beneficial 19
to the City’s property owners. 20
21
Clerk-Administrator Ericson completed review of the administration quarterly report and read the 22
Council’s new set of goals and priorities that were adopted on March 8, 2010. 23
24
Council Member Mueller suggested this information be posted to the City’s website so residents 25
can view progress made towards the goals. She also suggested that the goals include mention of 26
the flyers that will be included in the water bill related to home foreclosures. The Council 27
agreed. 28
29
Mayor Flaherty stated it is important to include progress made towards goals beyond the street 30
improvement project. 31
32
Clerk-Administrator Ericson stated the Council received an inquiry at the Town Hall meeting 33
regarding use of golf carts on City streets. He stated he researched this question and read the list 34
of communities that do allow golf carts on City streets, noting there is only one metro 35
community, White Bear Lake. Minnesota Statutes allow it to occur with an accompanying 36
ordinance adopted by the City and associated rules. He relayed the opinion of Deputy Chief 37
Kinney that from a policing standpoint and due to the amount of traffic coursing through the 38
City, it does not make sense to consider allowing golf carts on the City’s roadways. 39
40
Council Member Gunn stated she also sees many of motorized wheelchairs on the City’s streets 41
when sidewalks are not available. Clerk-Administrator Ericson stated motorized wheelchairs are 42
allowed on City sidewalks and trails. Council Member Gunn stated she does not support golf 43
carts on the City’s streets due to safety concerns. 44
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Mounds View City Council April 12, 2010
Regular Meeting Page 7
Council Member Mueller noted that a golf cart is easier to see than the scooters that are allowed 1
on the City’s streets. She stated a golf cart would need a slow moving vehicle sign and restricted 2
for use from sunrise to sunset. Council Member Mueller stated she does not object to allowing 3
golf carts on streets since it would provide the alternative for a permitted driver to use this mode 4
of transportation. 5
6
Council Member Gunn asked if they should be restricted to side streets. Clerk-Administrative 7
Ericson agreed that if allowed, they should be restricted from County and State roadways. 8
9
Council Member Hull stated he would like additional resident input instead of considering such a 10
change because of one resident request. 11
12
Council Member Stigney stated he did not support opening the City’s streets for use of golf carts. 13
14
Mayor Flaherty concurred based on the number of County roadways and high volume of traffic 15
coursing through Mounds View. He noted a golf cart, if allowed on the City’s trails, would take 16
up the entire width and affect other trail users. Mayor Flaherty stated he felt there were too many 17
safety concerns to consider this request. However, if many of residents make this request it could 18
be considered in the future. 19
20
Mayor Flaherty announced the upcoming community theater production of “Guys and Dolls” at 21
the Irondale High School Theater, noting the production dates are posted on the City’s website. 22
23
C. Reports of City Attorney. 24
25
Noted. 26
27
12. Next Council Work Session: Monday, May 3, 2010, at 7:00 p.m. 28
Next Council Meeting: Monday, April 26, 2010, at 7:00 p.m. 29
30
13. ADJOURNMENT 31
32
The meeting was adjourned at 8:10 p.m. 33
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Transcribed by: 35
36
Carla Wirth 37
TimeSaver Off Site Secretarial, Inc. 38