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Folder: CC PACKETS 2001-2004
Document: CC PACKET 01282003
CITY OF ST. ANTHONY
Our mission is to be a progressive and livable community,
a walkable village, which is safe and secure.
CITY COUNCIL MEETING AGENDA
January 28, 2003
7:00 PM
Council Chambers
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion, and Possible Action on All of the Following Items:
I. Approval of January 28, 2003 City Council Meeting Agenda. Action
requested.
II. . Proclamations and Recognitions.
III. Community Forum.
Individuals may address the City Council about any item not included on the
regular agenda. Speakers are requested to come to the podium, state their name
and address for the Clerk's record and limit their remarks to five minutes.
Generally, the City Council will not take official action on items discussed at this
time, but may typically refer the matter to staff for a future report or direct that the
matter be scheduled on an upcoming agenda.
IV. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will
be no separate discussion of these items unless a Councilmember or citizen so
requests, in which event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. January 14, 2003 Council meeting minutes. (pp. 1 - 8)
B. Licenses and permits. (p. 9)
C. Claims. (pp. 10 - 12)
V. Public Hearings - none.
Page 2
VI. Reports From Commissions and Staff.
A. Update on the Northwest Quadrant redevelopment (Jim Prosser, Ehlers &
Associates, will be present). (pp. 13 - 17)
VII. General Policy Business of the Council.
A. Ordinance 2003-001, re: Liquor licensing (2nd reading). Action requested.
(pp. 18 - 51)
Vlll. Reports From City Manager and Councilmembers.
IX. Information and Announcements.
X. Miscellaneous Informational Documents.
XI. Adjournment.
City Council Regular Meeting Minutes 1
January 14, 2003
Page 1
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 January 14, 2003
6
7 CALL TO ORDER
8 Mayor Hodson called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14 Present: Mayor Hodson; Councilmembers Horst, and Faust.
15 Absent: Councilmember Sparks and Thuesen.
16 Also Present: City Manager Mike Mornson and City Attorney Jerry Gilligan.
17
18 CONSIDERATION,DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF JANUARY 14, 2003 CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Faust to approve the City Council Meeting Agenda of January 14,
23 2003.
24
25 Motion carried unanimously.
26
27 II. PROCLAMATIONS AND RECOGNITIONS.
28 None.
29
30 III. COMMUNITY FORUM.
31 Mayor Hodson invited residents to come forward at this time and address the Council on items
32 that are not on the regular agenda.
33
34 Randal Strand, an attorney representing Healthcare Plus Incorporated(2500 New Brighton
35 Boulevard, St Anthony), came forward. He asked the Council to consider amending the City
36 ordinance to allow adult daycare. Mr. Strand noted that daycare for adults is a business in its
37 . infancy with only 11,000 Minnesotans using the service,but he feels it's needed. He stated only
38 a few cities have added it to their zoning and is requesting the City of St. Anthony do so as well.
39 Mr. Strand said many steps need to be taken in order for the process.to begin such as completing
40 an application, doing a background study, and getting approval from zoning,the fire marshal,
41 and local health department.
42
43 Councilmember Horst asked if the ordinance needs to be changed because there is not a
44 distinction between child and adult daycare. Mr. Strand said the zoning is stated as child daycare
45 and it is not specific to adults.
46
2
City Council Regular Meeting Minutes
January 14, 2003
Page 2
1 Councilmember Horst asked City Attorney Gilligan if he saw any problems with including adult
2 daycares in the ordinance. City Attorney Gilligan stated he did not see a problem,however, size
3 of the facility might be a question to ask.
4
5 Mayor Hodson asked if anything specific should be added to the ordinance. City Attorney
6 Gilligan stated the process should be referred to the Planning Commission since there may be
7 different concerns the City Council is not aware of.
8
9 Councilmember Horst asked if there are State-regulated guidelines specific to adult daycare.
10 Mr. Strand responded there are many requirements. He noted that one important requirement is
11 to have 40 square feet of space per person, which includes staff.
12
13 Mr. Strand stated that 60% of adult daycare facilities are home based, however, his client is not
14 requesting a home based facility.
15
16 Hearing no further comments, Mayor Hodson moved forward with the agenda.
17
18 IV. CONSENT AGENDA.
19
20 1. Consider December 9, 2003 Council meeting minutes.
21 2. Consider licenses and permits -None.
22 3. Consider payment of claims.
23 4. Set date for Board of Review.
24 5. Resolutions 03-001 —03-010 (Housekeeping resolutions).
25 6. Resolution 03-011 re: Approve amendment to Flexible Benefit Plan.
26
27 Councilmember Horst requested the removal of Consent Agenda Item 1.
28
29 Motion by Councilmember Horst to approve the Consent Agenda with the removal of Item 1.
30
31 Motion carried unanimously.
32
33 1. Consider December 9, 2003 Council meeting minutes.
34
35 Councilmember Horst requested a correction to page 3 of the December 9, 2002 City Council
36 meeting minutes from Mayor Horst to Mayor Hodson.
37
38 Motion by Councilmember Horst to approve Item 1, December 9, 2002 Council meeting
39 minutes, as amended.
40
41 Motion carried unanimously.
42
43 V. PUBLIC HEARINGS.
44 None.
45
46 VI. REPORTS FROM COMMISSIONS AND STAFF.
47 A. Update on the December 17, 2002 Planning Commission meeting.
City Council Regular Meeting Minutes 3
January 14, 2003
Page 3
1
2 1. Resolution 03-012,re: Side and rear yard variance requests for 2611-30`h Avenue NE
3 (Bill Bauske).
4 Mayor Hodson welcomed Planning Commissioner Todd Hanson to the meeting.
5
6 Planning Commissioner Hanson presented the request of Bill Bauske, 2611-30`h Avenue,
7 for a side and rear yard variance of 11 feet from the side yard property line for a non-
8 window mounted air conditioning unit. Planning Commissioner Hanson stated that
9 according to City ordinance non-window mounted air conditioning units must be at least
10 15 feet from any property line. However, there is only four feet available between Mr.
11 Bauske's house and the property line. He stated the Planning Commission did approve
12 the variance with a few modifications.
13
14 Mr. Bauske came forward to give background information and answer questions. He
15 stated his family moved into the home ten years ago. He decided to get central air after
16 he put new windows in this fall. He stated he initially wanted to put the unit next to the
17 basement window where the furnace was, but he agrees with the Planning Commission
18 that it wouldn't leave much room. Mr. Bauske said he agrees with the suggestion of the
19 Planning Commission to put it in the Northeast corner. He stated his back yard is very
20 small, 30 feet by 30 feet.
21
22 Councilmember Horst asked Mr. Bauske if he's requesting a side or back yard variance.
23 Mr. Bauske stated he's requesting a back corner variance.
24
25 Councilmember Horst asked if Mr. Bauske feels that's an ideal location. Mr. Bauske
26 stated he's comfortable with positioning the unit in the back corner.
27
28 Councilmember Horst asked what the distance was from the house to the property line.
29 Mr. Bauske responded four feet.
30
31 Councilmember Faust asked if Mr. Bauske was comfortable with what the Planning
32 Commission was suggesting. Mr. Bauske stated he was.
33
34 Mayor Hodson stated he wants to encourage residents to come forward and ask for
35 variances in order to build on their properties. He said he wants the Planning
36 Commission and City Council to help with these situations since it's very important to
37 reinvest in the community.
38
39 Mayor Hodson thanked Mr. Bauske for working with the Planning Commission on this
40 issue.
41
42 Motion by Councilmember Faust to adopt Resolution 03-012, re: Side and Rear Yard
43 Variance Requests for 2611-30`h Avenue NE.
44
45 Motion carried unanimously.
46
City Council Regular Meeting Minutes
January 14, 2003
Page 4
1 Planning Commissioner Hanson gave a brief overview of the December 17, 2002
2 Planning Commission meeting.
3
4 Planning Commissioner Hanson stated there was a presentation on a preliminary site plan
5 for Autumn Woods Senior Housing on the 2500 Block of Kenzie Terrace. He said Paul
6 Brewer, President of LaNel Financial Group, showed blueprints of the project. He stated
7 the Planning Commission was impressed with the project.
8
9 Planning Commissioner Hanson stated the Planning Commission also discussed the Pawn
10 Shop/Second Hand Goods Ordinance Amendment. He noted that Chris Smith of Dorsey
11 and Whitney reviewed specific parts of the Ordinance with the Planning Commission.
12 He stated Mr. Smith will be working with City Staff to make changes.
13
14 Councilmember Faust and Mayor Hodson thanked Planning Commissioner Hanson for
15 his work.
16
17 B. Update on the Engineering Report (Todd Hubmer, WSB & Associates).
18
19 1. 2003 Street Project.
20
21 a. Resolution 03-013, re: Declare Cost to be Assessed and Order Preparation
22 of Proposed Assessment for 2003 Street and Utility Improvements.
23 Mayor Hodson welcomed Todd Hubmer, WSB &Associates, to the meeting.
24
25 Mr. Hubmer addressed the Council and presented the 2003 Street Project.
26
27 Mr. Hubmer noted the streets to be reconstructed in 2003 are Edward Street from
28 33`d Avenue Northeast to 34th Avenue Northeast; 34th Avenue Northeast from
29 Stinson Boulevard to Silver Lake Road; and Belden Drive from 33'd Avenue
30 Northeast to 34th Avenue Northeast.
31
32 Mr. Hubmer gave an overview of the funding for the project. He said the
33 anticipated total construction cost is around $1.7 million for the 2003 project. It
34 will be broken down with about $364,000 being assessed to the residents and
35 $1,370,000 being paid by the City. He said this project is prop_osed to be funded
36 by a$1.7 million public improvement bond.
37
38 Mr. Hubmer stated the project will include street reconstruction,water main costs,
39 storm sewer improvements, and sanitary costs.
40
41 Councilmember Horst asked if this project is done through any State funding.
42 Mr. Hubmer stated it's being done through the public improvement bond process.
43
44 Motion by Councilmember Faust to adopt Resolution 03-013,re: Declare Cost to
45 be Assessed and Order Preparation of Proposed Assessment for 2003 Street and
46 Utility Improvements.
47
5
City Council Regular Meeting Minutes
January 14, 2003
Page 5
1 Motion carried unanimously.
2
3 b. Resolution 03-014,re: Call Hearing on 2003 Street Improvements.
4 Motion by Councilmember Faust to adopt Resolution 03-014, Call Hearing on
5 Proposed Assessments for 2003 Street Improvements.
6
7 Motion carried unanimously.
8
9 C. Resolution 03-015,re: Call Hearin on n Proposed Assessment for 2003
10 Street Improvements.
11 Motion by Councilmember Faust to adopt Resolution 03-015, Sanitary Sewer
12 Replacement on South End of City and Trunk Water Main Improvements on
13 Kenzie Terrace.
14
15 Motion carried unanim6usly.
16
17 Mr. Hubmer stated that upon approval of these resolutions proposed assessments
18 will be mailed out regarding the 2003 Street Improvement Projects. He said any
19 questions can be directed to him.
20
21 2. Resolution 03-016 re: Sanitary sewer replacement on south end of City and trunk
22 water main improvements on Kenzie Terrace.
23 Mr. Hubmer stated two high priority projects were identified as a result of the Sanitary
24 Sewer Water and Needs Study. He said the first project is construction of a new 10-inch
25 water main loop along Kenzie Terrace South of St. Anthony Boulevard. The new 10-
26 inch water main is anticipated to cost around$430,000. Mr. Hubmer said the second
27 project is the replacement of the trunk Sanitary Sewer main from 27`h Avenue South to
28 the City of Minneapolis. He said the estimated cost of replacing the Sanitary Sewer is
29 $620,000. He noted that they are proposing to bid this project with two alternates, which
30 include an open trench method and pipe bursting technology.
31
32 Councilmember Faust asked if the 10-inch pipe would be big enough for future
33 development. Mr. Hubmer responded yes.
34
35 Mayor Hodson asked Mr. Humber if this project would be adequate in the event of the
36 shopping center being redeveloped. Mr. Hubmer responded yes.
37
38 Motion by Councilmember Horst to adopt Resolution 03-016, Sanitary Sewer
39 Replacement on South End of City and Trunk Water Main Improvements on Kenzie
40 Terrace.
41
42 Motion carried unanimously.
43
44 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
45 A. Ordinance 2003-001 re: Liquor licensing(15`reading). (Jerry Gilligan,Dorsey&
46 Whitney will be present).
Cify Council Regular Meeting Minutes 6
January 14, 2003
Page 6
1 City Attorney Gilligan reviewed the ordinance amending the City Code to provide for the
2 issuance of on-sale liquor licenses to restaurants and hotels. He stated the ordinance also
3 contains provisions with respect to issuance of wine licenses, off-sale and on-sale 3.2 beer
4 licenses and temporary wine and on-sale 3.2 beer licenses.
5
6 City Attorney Gilligan stated that many of the provisions concerning the issuance by the City of
7 on-sale liquor licenses and other licenses for the sale of alcoholic beverages are set forth by
8 Minnesota Statutes. He said the City can place additional restrictions beyond those contained in
9 Minnesota Statutes. He noted that additional restrictions proposed to be included in the
10 ordinance are the following: alcohol awareness training is required for employees of the licensed
11 establishment,no more than 15% of the seating capacity of the establishment may be located at a
12 bar or service counter, at least 50%of the gross receipts of the establishment for the sale of food
13 and non-alcoholic beverages,no license may be issued to any property located within 300 feet of
14 a church or school or to any property used as a sexually oriented business, and adult
15 entertainment is prohibited on the licensed premises.
16
17 City Attorney Gilligan said the ordinance provides for investigation fees of up to $500 for an in-
18 state investigation and up to $10,000 for an out-of-state investigation. He said this is the
19 maximum investigation fee permitted by Minnesota law. He stated the annual license fee for an
20 on-sale liquor license is proposed to be $8,000,with a reduction of$500 on the license fee for an
21 annual renewal if compliance checks have been passed in the prior year with no violations
22 carrying a penalty of$500 or greater.
23
24 City Attorney Gilligan stated the ordinance lists what places are eligible for license.
25
26 Councilmember Faust stated he would like to be more restrictive with the ordinance since it,is
27 new for the City. He stated he would prefer to allow for three violations instead of four. He
28 stated he also disagrees with giving a$500 incentive to renew liquor licenses. He said instead of
29 issuing six licenses he would prefer issuing two, plus a municipal.
30
31 Councilmember Horst stated he agrees with Councilmember Faust in allowing three violations
32 versus four.
33
34 Councilmember Horst asked City Attorney Gilligan if a daycare facility would be considered
35 property within 300 feet ineligible for a license. City Attorney Gilligan said the ordinance does
36 cover daycare facilities.
37
38 Mayor Hodson asked how the City could assert their law regarding off sale license. City
39 Attorney Gilligan stated it depends on how the law is passed. He said they would have to come
40 to the City to get a license and the City could either deny the license or give additional
41 restrictions. City Attorney Gilligan stated off sale is currently limited to municipal liquor stores.
42
43 City Manager Mornson mentioned that new applications would require public hearings in front
44 of the City Council,but renewals would not.
45
46 Motion by Councilmember Horst to approve first reading of Ordinance 2003-001, re: Liquor
47 licensing.
City Council Regular Meeting Minutes 7
January 14, 2003
Page 7
1 Motion carried unanimously.
2
3 Councilmember Horst asked about considering Sunday liquor sales. City Attorney Gilligan is
4 going to check with the Liquor Control Board.
5
6 Mayor Hodson stated Sunday liquor sales should be added to the goal setting meeting agenda.
.7
8 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
9 Mr. Mornson reported that the State of Cities Conference is January 15, 2003 in St. Paul. He
10 said he will attend the Conference with Councilmembers Faust, Thuesen, and Horst.
11
12 Mr. Mornson reminded the Council that the Apache Plaza Open House is Thursday, January 16
13 from 5:00 to 8:00 p.m.
14
15 Mr. Mornson stated Jim Prosser will attend the next City Council.meeting to address issues and
16 give updates related to Apache Plaza. He said there are certain tasks that need to be completed
17 within the next 90 days.
18
19 Mr. Mornson stated April 8,2003 is the next Board of Review.
20
21 Mr. Mornson said the rate increase to help pay for sewer and water work will be noted in the
22 City Newsletter.
23
24 Mr. Mornson stated the City received almost $10 million in grants, in addition to two additional
25 grants. He said this information will be covered in the next newsletter.
26
27 Councilmember Horst reported that he attended an AMM(Association of Metropolitan
28 Municipalities) informational meeting discussing budget cuts and the effect on cities.
29
30 Councilmember Horst stated that the Community Service Board of Directors reported there was
31 a$68,000 error in the budget. He said the school administration missed $68,000 worth of
32 funding and they are going to make it up by doing community service.
33
34 Councilmember Faust stated he attended a Sister City Meeting. He said 10 exchange students
35 are being paired up with the School District.
36
37 Councilmember Faust stated he has had a couple of meetings with the Northwest Quadrant Task
38 Force. He encouraged the community to come to the next meeting on Thursday, January 161'
39 from 5:00 to 8:00 p.m.
40
41 Mayor Hodson indicated that he had a meeting with the Northwest Quadrant Committee.
42
43 Mayor Hodson stated the Business Journal coming out this Friday focuses on the City of St.
44 Anthony and its development.
45
46 IX. INFORMATION AND ANNOUNCEMENTS.
47 None.
City Council Regular Meeting Minutes S
January 14, 2003
Page 8
1 -
2
3 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
4 None.
5
6 M. ADJOURNMENT.
7 Motion by Councilmember Faust to adjourn the meeting at 8:06 p.m.
8
9 Motion carried unanimously.
10
11 Respectfully submitted,
12
13
14 Rebecca Roehl
15 TimeSaver Off Site Secretarial, Inc.
16
17 Mayor
18 ATTEST:
19 City Clerk
20
9
Saint Anthony Village
DATE: January 28, 2003 Approved:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: License and Permits for Approval:
Heating Contractors License:
Air Temperature Services, Inc., McFarland, WI
Academy Heating &Air, Inc., Forest Lake, MN
Anderson Heating & Air Conditioning, Columbia Heights, MN
ELK Mechanical HVAC, Inc., Ramsey,MN
Peoples Plumbing &Heating, White Bear Lake, MN
BRC FINANCIAL SYSTEM
01/21/2003 12: ST. ANTHONY VILLAGE
Check Register GL540R-V06.40 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
008621 ALLIANCE MECHANICAL 19309 01/29/03 1,427.00
008237 ASPEN MILLS 19310 01/29/03 8.00
004271 AT&T BROADBAND 19311 01/29/03 4.66
008511 AT&T WIRELESS 19312 01/29/03
008255 AVAYA, INC. 11.13 19313 01/29/03 29.32
008661 B & K AUTO TRIM, INC. 19314 01/29/03 148.00
007048 BARTON SAND AND GRAVEL 19315 01/29/03 758.33
007253 BRAKE &FORD
19317 01/29/03 12.72
002380 CENTERPOINT ENERGY MINNE 19318 01/29/03 104.90
000655 CLAREY'S SAFETY EQUIPMEN 19319 01/29/03 96.78
00001 CONSULTING, INC. 19320 01/29/03 170.00
000800 DAVIES WATER EQUIP CO. 19321 01/29/03 218.21
008429 DEPARTMENT OF PUBLIC SAF 19322 01/29/03 510.00
008417 DNR WATERS 19323 01/29/03 1,118.84
008666 EASYLINK SERVICES CORPOR 19324 01/29/03 101.50
008809 ELAN FINANCIAL SERVICES 19325 01/29/03 85.23
008362 EMBEDDED SYSTEMS, INC. 19326 01/29/03 1,863.75
.00001 EMERGENCY AUTOMOTIVE 19327 01/29/03 72.00
008647 FRATTALLONE'S HARDWARE 19328 01/29/03 67.61
001025 G & K SERVICES 19329 01/29/03 64.95
001030 G & K SERVICES INC 19330 01/29/03 415.53
001180 GOODIN COMPANY 19331 01/29/03 33.56
001420 HAWKINSRWATERWTREATMENT 19333 01/29/03 4878.60
008376 HENNEPIN CNTY SHERIFF'S 19334 01/29/03 1,590.13
008342 HENNEPIN COUNTY TREASURE - 19335 01/29/03 788.80
008252 HOME DEPOT-GECF 19336 01/29/03 121.50
008658 INSTRUMENTAL RESEARCH, I 19337 01/29/03 69.30 200.00
008607 INTL ASSOC OF CHIEFS OF 19338 01/29/03
007352 KATH FUEL OIL SERVICE 19339 01/29/03 200.00
008680 LARSON ALLEN WEISHAIR & 19340 01/29/03 2,250.00
008791 LEAH KLUZ DESIGN 19341 01/29/03 1,000.00
007225 LEROY SIGNS 19342 01/29/03 485.00
008418 LMCIT 56BERKLEY RISK SVCS 19343 01/29/03 337.50
008229 LOFFLER BUSINESS SYSTEMS 19344 01/29/03 63.56
007835 METROCALL 19345 01/29/03 699.30
008423 MINNESOTA CHIEF OF POLIC 19346 01/29/03 260.00
008269 MINNESOTA SHREDDING LLC 19347 01/29/03 54.95
008074 MN POLLUTION CONTROL AGE 19348 01/29/03 23.00
008884 MURLOWSKI PROPERTIES 19349 01/29/03 27.50
008350 NORTHERN TOOL & EQUIPMEN 19350 01/29/03 140.47
008820 NORTHERN TRAFFIC SUPPLY, 19351 01/29/03 192.23
000045 OFFICE DEPOT 19352 01/29/03 496.09
001230 ONE CALL CONCEPTS, INC. 19353 01/29/03 24.80
008528 PACE ANALYTICAL SERVICES 19354 01/29/03 16.00
008631 PARTS PLUS ROSEVILLE 19355 01/29/03 36.93
007391 PAUL'S ARCHITECTURAL WOO 19356 01/29/03 660.30
BRC FINANCIAL SYSTEM ST-01/21/2003 12: Check Register 0R- ANTHONY VILLAGE
9 GL540R-V06.40 PAGE 2
BANK VENDOR CHECK# DATE
AMOUNT
FIRS BREMER BANK NA
002880 PITNEY BOWES INC 19357 01/29/03
00003 PUBLICORP, INC. 19358 01/29/03 32.61
004492 QWEST 19359 01/29/03 185.00
008777 RAMSEY COUNTY CHIEFS OF 19360 01/29/03 300.94
003350 SEH-RCM 19361 01/29/03 20.00
008520 SENSIBLE LAND USE COALIT 19362 01/29/03 330.11
008199 SIGNATURE CONCEPTS, INC. 19363 01/29/03 30.00
008214 SNYDER DRUG 19364 01/29/03 585.94
001810 SO�ANOTHONYRVILLAG, INC.
19365 01/29/03 31.16
008846 STANTON GROUP 19366 01/29/03 131.00
003490 STREICHER'S 19367 01/29/03 128.27
008920 T.C. FIELD & COMPANY 19368 01/29/03 244.42
007337 TIMESAVER OFF SITE SECRE 19370 01/29/03 1 154.00
.00002 TRACE ANALYTICS, INC. 19371 01/29/03
003560 TRACY PRINTING 19372 01/29/03
.00002 TWIN CITY AREA
TRENCHERS P , 1,515.00
LABOR 19373 01/29/03 10,330.50
008336 UNITED ELECTRIC COMPANY 19374 01/29/03 70.00
008561 UNITED RENTALS COMPANY 1937 01 29
19375 01/29/03 03 614.58
008443 UNIVERSITY OF MINNESOTA 29 03
29 31.95
19377 01/
008858 VEIT & COMPANY 19378 01 /03 25,564.50
008227 VERIZON WIRELESS, BELLEV 19379 01/29/03
008388 W. W. GOETSCH ASSOCIATES 19380 01/29/03 32.17
004494 WASTE MANAGEMENT - BLAIN 19381 01/29/03 730.22
008935 WELLS FARGO BANK NA 19382 01/29/03 59,083.74
002680 XCEL ENERGY
003820 ZAHL EQUIPMENT COMPANY 19383 01/29/03 11,475.55
19384 01/29/03 14.98
BREMER BANK NA
132,002.35 ***
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
01/21/2003 13: Check Register GL540R-V06.40 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT
008311 ALL SAINTS BRANDS DISTRI 21610 01/29/03 167.35
004293 BELLBOY CORP. 21611 01/29/03. 1,399.47
008827 BLACKEY'S BAKERY 21612 01/29/03 106.21
002380 CENTERPOINT ENERGY MINNE 21613 01/29/03 3,061.86
004065 CENTRAL LOCK & SAFE CO 21614 01/29/03 108.75
004085 CITY OF ST ANTHONY 21615 01/29/03 850.59
008814 CITY WIDE WINDOW SERVICE 21616 01/29/03 34.08
008557 DAILEY DATA & ASSOCIATES 21617 01/29/03 120.95
004120 EAGLE WINE CO 21618 01/29/03 10,031.48
004130 ECOLAB 21619 01/29/03 149.05
008697 EXTREME BEVERAGE 21620 01/29/03 352.00
008706 GCS SERVICE, INC 21621 01/29/03 133.27
004157 GETTMAN MOMSEN INC. 21622 01/29/03 12.00
004172 GRAPE BEGINNINGS, INC. 21623 01/29/03 466.00
004175 GRIGGS COOPER & CO INC 21624 01/29/03 5,395.13
004201 HEGGIES PIZZA 21625 01/29/03 129.40
008252 HOME DEPOT-GECF 21626 01/29/03 2.73
008882 JANITORS CLEANING SERVIC 21627 01/29/03 1,717.85
008860 JCDK TELECOMM INC 21628 01/29/03 55.00
004220 JOHNSON BROTHERS LIQUOR 21629 01/29/03 28,859.14
008229 LOFFLER BUSINESS SYSTEMS 21630 01/29/03 21.18
008671 MENGELKOCH CO. 21631 01/29/03 20.00
007120 MINNESOTA UC FUND 21632 01/29/03 691.14
004334 NORTHEASTER 21633 01/29/03 186.15
004345 OLD DUTCH FOODS INC 21634 01/29/03 43.92
004354 PAUSTIS & SONS 21635 01/29/03 672.79
004360 PHILLIPS WINE & SPIRITS 21636 01/29/03 7,381.39
004361 PINNACLE DIST. 21637 01/29/03 4,.664.48
008770 PORTER/WILLIAM 21638 01/29/03 67.00
004376 PRIOR WINE CO 21639 01/29/03 3,314.67
004385 QUALITY WINE CO 21640 01/29/03 17,844.46
008219 QWEST DEX 21641 01/29/03 596.40
008597 R.D. HANSON ASSOC., INC. 21642 01/29/03 124.63
008846 STANTON GROUP 21643 01/29/03 79.93
008920 T.C. FIELD & COMPANY 21644 01/29/03 175.50
008152 TIRES PLUS OF APACHE 21645 01/29/03 854.85
008875 TRIO SUPPLY COMPANY 21646 01/29/03 361.78
008507 US FOODSERVICE 21647 01/29/03 3,100.54
003710 VAN 0 LITE INC 21648 01/29/03 37.70
004494 WASTE MANAGEMENT - BLAIN 21649 01/29/03 740.89
008316 WINE COMPANY/THE 21650 01/29/03 252.00
008310 WINE MERCHANTS INC 21651 01/29/03 183.80
002680 XCEL ENERGY 21652 01/29/03 3,170.99
003840 ZEP MFG COMPANY 21653 01/29/03 363.91
LIQUOR CHECKING ACCOUNT 98,102.41 •++
u
13
EHLER $.
& ASSOCIATES 'INC
o To: NUe`Mornson, St. Anthony Village
G From: Jim Prosser, Ehlers &Associates
cW Date: January 21,2003
G Subject: Northwest Quadrant Alternative Urban Areawide Review
The redevelopment of the Apache area within the Northwest Quadrant will require an
environmental review. Given the nature of the proposed redevelopment it is recommended
that St. Anthony consider an Alternative Urban Areawide Review(AUAR). This process is
essentially an Environmental Impact Statement that provides some flexibility to adapt to changes
that may be considered by the City in the future. The AUAR is the method of environmental
review most preferred by cities for this type of project.
Acting of behalf of the City Ehlers has solicited from two firms identified as highly competent in
the preparation of AUAR studies. Those firms, SRF Consulting Group, Inc. and DSU
Consultants have submitted proposals for consideration.
In an effort to save costs,both firms were advised of the availability of WSB Engineers to
"partner"in the AUAR study. WSB has significant base data required for the AUAR study.
Both firms included WSB as partners in their proposals.
Ehlers&Associates has reviewed the proposals.Provided below is a summary of the analysis:
Firm Scope of Services • References Time Cost
SRF/WSB Clearly described. Positive references from City 9-12- $89,600
Sufficient to officials and attorneys. Comparable months
achieve final projects include Eagan(Cedar
report. Grove)and Fridley(Lake Pointe
Center). Work completed on time
and budget.
DSU/WSB Clearly described. Positive references from City 4-6 months $46,200
Sufficient to officials and attorneys. Comparable
achieve final projects include Burnsville(Heart of
report. City,Hutchinson and Roseville.
Work completed on time and budget
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone: 651-697-8503 Fax: 651-697-8555
Roseville, MN 55113-1105 Email: jim @ehlers-inc.com
14
The primary differences in the two proposals are the time required and costs. DSU's
involvement in the preliminary planning and current planning efforts provides an advantage mi
the level of information and data available. This results in reduced project time and costs.
Recommendation
_Ehlers recommends that DSU be selected to undertake the AUAR study required for this
development. This recommendation has been reviewed with your staff. The developer in
accordance with the preliminary development agreement would reimburse the cost for this study.
1
EHLERS
& ASSOCIATES INC
® To: Mike Morrison, St.Anthony Village
From: Jim Prosser, Mark Ruff& Stacie Kvilvang Ehlers &Associates
UJ Date: January 21,2003
2 Subject: Development Activities
Provided below is a description of the major activities which will be required to complete the redevelopment for the Northwest
Quadrant Revitalization Project.
Establish Tax In order to assist in paying 1.) City Council calls for public hearing January
Increment for the public costs June 2003.
District associated with the 2.) City hires Engineering firm to complete inspections to
redevelopment, the City determine substandard findings
will need to create a
Redevelopment Tax 3.) Creation of TIF Plan—Ehlers and City
Increment Financing 4.) Planning Commission reviews plan to comment on compliance
District. with comprehensive plan- Ehlers
5.) Public hearing at City Council to approve TIF district- Ehlers
6.) District certified to County-Ehlers
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone: 651-697-8503 Fax: 651-697-8555
Roseville, MN 55113-1105 Email: jim@ehlers-inc.com
'}� a in ��--� 0 e cr i •� a. �z ���??�� espo� '�ali Q _ ' '� aim -
!��!�f � Ra7`. J A_ •�' .rc.' v`.#Yd �., f r._? �.,br '� 'r '7
Development Developer prepares concept 1.) Developer prepares refined draft concept for public review and 1.) January
Concept that responds to city needs comment—Pratt/Ordway/Dominium 2003
Review and is market and
financially feasible. 2.) Community Open House to receive comments-DSU 2.) January
18, 2003
3.) Presentation of refined concept to.City Council—DSU
3.) February
2003
Land Use Identify and review all land 1.) City staff to identify land use and other regulatory approvals 1.) April—
Approvals use and other regulatory June
approvals required for 2.) DSU to develop design guidelines for consideration by 2003
development. These land Planning Commission and City Council.
use approvals are separate
and independent from. 3.) Planning Commission and City Council to review land use as
Development Concept required.
Review and Developer
Assistance Agreement.
Development This agreement outlines the 1.) Developer submits pro forma if financial assistance is required. May-August
Agreement level and form of assistance 2003
to be provided to the 2•) Ehlers reviews developer pro forma to determine required level
developer, including both of assistance.
financial assistance and
land assembly. It also 3.) Ehlers and City Attorney reviews applicability of Business
Subsidies
specifies developer
performance for type and 4.) Development agreement issues drafted/negotiated.
timing of development.
Final development concept 5.) Key issues of redevelopment agreement reviewed by City
is part of final development Council
agreement(subject to land
use approval). 6.) Final agreement is drafted/negotiated.
7.) Agreement is considered by City Council for approval.
�■i
St. Anthony Development Activities
Acti �y esc p o ,Q o f 'li 5 i ame
Environmental Complete AUAR 1.) City to select firm to complete AUAR January—
Review April 2003
Land Assembly Once an agreement is 1.) Developer contact property owner to determine land September
approved, the developer acquisition estimate. 2003 —May
will begin land assembly. 2004
If assistance is needed with 2•) City relocation estimate to assist with relocation estimates as
land assembly, it will be needed.
initiated at this time.
3.) City land acquisition attorney to establish public purpose and
review acquisition process as needed.
4.) Mediation to assist with land assembly if needed.
5.) City Council to consider request for assembly assistance, if
needed.
6.) Relocation of existing businesses
7.) Demolition of structures
Project After approval of 1.) Developer initiates site prep Spring-
Initiation Development Agreement
and land use approvals 2•) Construction starts Summer
developer will proceed with 2004
project implementation
steps.
V
St. Anthony Development Activities
MEMORANDUM
TO: Mayor and Members of the City.Council
Michael Mornson, City Manager
FROM: Jerome P. Gilligan
DATE: January 22, 2003
RE: Liquor Ordinance
Attached are two versions of the Liquor Ordinance,both of which have been marked to
indicate the changes from the Liquor Ordinance given first reading by the City Council at its
meeting on January 10
Version 1 contains minor revisions as follows:
1. Language has been added to Section 1000.03 to specifically provide that sales at the
City's on-sale and off-sale municipal operations do not require a license.
2. Section 1000.04 has been amended to eliminate language that provided that strong
beer could be sold at a premises holding a wine license and 3.2 percent malt liquor on-sale
license.
3. Subdivision 1 of Section 1000.14 has been amended to change the references to
"young adults" and"minors"to "persons".
Version 2 contains the same changes as in Version 1 as well as the following changes
which were discussed but not approved by the Council on January 14`h:
1. Removes the $500 reduction in a license renewal fee in Subd. 2 of Section 1000.07 for
a business that passes the annual compliance checks with no penalties of$500 or greater.
2. The penalty matrix in Subd. 4 of Section 1000.14 has been amended to provide that
the third violation for underage sales within the applicable time period under Subd. 8 of this
Section results in a revocation of the license.
3. A new Section 1000.15 has been added which limits to three the number of on-sale
intoxicating liquor licenses which may be issued by the City at any one time.
Minnesota Statutes, Section 340A.504, subdivision 3,provides that the hours of Sunday
sales of intoxicating liquor is between 12:00 noon on Sundays and 1:00 A.M. on Mondays,but
that a City after one public hearing may increase the hours of Sunday sales to between 10:00
A.M. on Sundays and 1:00 A.M. on Mondays. Subdivision 7 of Section 1000.10 of the Liquor
Ordinance authorizes such increased hours for Sunday sales. In order to provide for such
increased hours a public hearing will need to be held by the City Council and it is recommended
DORSEY & WHITNEY LLP
19
that the City call for a public hearing on such increased hours to be held at its meeting on
February 11`h
We have reviewed the questions of whether Sunday sales are permitted at the Stonehouse
and discussed it with a person at the Liquor Central Board, who confirmed that in a city that
permits Sunday sales a municipal on-sale operation may also have Sunday sales, and that a
Sunday on-sale license is not required to be issued for such municipal on-sale operation.
2
DORSEY & WHITNEY LLP
VERSIOP 2®
CITY OF ST.ANTHONY _
ORDINANCE 2003-001
AN ORDINANCE RELATING TO SALE OF INTOXICATING LIQUOR;
AMENDING SECTIONS 615.06 AND 1000 OF THE ST.ANTHONY CITY CODE
AND DELETING SECTION 1005 OF THE ST.ANTHONY CITY CODE
The City Council of the City of St.Anthony hereby ordains:
Section 1. Section 615.06 of the St.Anthony City Code,shall be amended to read as follows:
615.06 Other License Fees. No person other than the City may engage in the following businesses or types
of activity without first paying the fee listed in this Chapter and obtaining a license as provided in this
Chapter.
Minnesota Applicable
License Fee Term Transferable Statutes Code Section
Alarm,Business $25 One year, Yes 540
commencing
July 1
Alarms,Residential $10 One year, Yes 540
commencing
July 1
Amusement Devices $75 per machine One year No 540
Beer: Off-Sale 3.2 $100 One year No Chp. 340A 1000
Percent Malt Liquor
License
Beer: On Sale 3.2 $350 One year No Chp. 340A 1000
Percent Malt Liquor
License
Beer: Temporary None As stated in No Chp. 340A 1000
On Sale 3.2 Percent license
Malt Liquor License
Bowling lanes $12.50 per alley One year With
Council
Approval
Christmas tree lots: None As stated in No 1325
Nonprofit applicant license
Other applicants $50 As stated in No 500; 600
license
21
Circus,carnival $50 plus $25 per As stated in No 437.09 500; 600
entertainment event day license
Coin operated $10 per machine, One year Yes
laundry machines not up to maximum
in multiple family of$190 per
building location
Contractors $35 or$5 if State One year No 560
licensed
Courtesy ad benches $8 per bench One year Yes
Demolition Fee $50-Residential
$75-Commercial
Fireworks display $2 per display One day No 624.20—
624.25
Garbage and rubbish $150 One year
haulers
Gasoline service $30 for station& One year
stations, stations with 1 production line,
multiple product plus $8.50 for
dispensement each product line
through 1 hose dispensed
Haulers of Garbage $150 One year No 555
or Recyclables
HVAC,plumbing, $35 O_ne year 326.37—
gas piping 326.45;
326.46—
326.521
Juke boxes $50 per location One year Yes
Kennel $50 One year 520
Inspection Fee $30
Liquor: On-Sale $8,000 One year No Chp. 340A 1000
Intoxicating Liquor
Liquor: Sunday $200 One year No Chp. 340A 1000
On-Sale
Mobile home park None One year No 525
Multiple Dwellings $7.00 per One year No 550
dwelling unit
-2-
za
Newspaper vending $5 per machine One year Yes
machine
Peddler/Solicitor& $50 No 1130
Transient Merchants
Occupancy Permit $20 No
Physical Culture and $250 license fee One year No 575
Health Service or and$500
Club,Reducing Club investigation fee
or Salon, Sauna deposit
Parlor,Therapeutic
Massage Studio
Public dance $50 One day No
Vending machines $2 per machine One year Yes
(including gumball&
nut machines)
All other coin- $25 first One year Yes
operated machines machine; $12
not otherwise each additional
covered in this machine,up to a
Section,except maximum of
nonperishable soft $180
drink machines
Set-ups $350 One year No Chp. 340B 1000.12
Secondhand Goods $1,000 One year No 565
Dealer
Tobacco or Tobacco $300 One year No 461.12— 510
related products 461.15
Towing service $30 for first One year, Yes 530
vehicle&$20 for terminating
each additional on 9/1 of
vehicle(unless each year
licensed in
another city)
Wine, wine license $100 processing One year No Chp. 340A 1000
fee&$400
license fee
Wine,Temporary None Period stated No Chp. 340A 1000
Wine License in license
Section 2. Section 1000 of the St.Anthony City Code shall be amended to read as follows:
Section 1000-Sale of Liquor and Wine;Licensing
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23
1000.01 Definitions. Unless the context otherwise clearly indicates,the following terms shall have the stated
meanings:
Bar. A counter or similar kind of place or structure at which wine or liquor is served.
Commissioner. The State Commissioner of Public Safety.
Food Establishment Any establishment providing for table service or self service of food or beverages.
Hotel. An establishment where food and lodging are regularly furnished to transients and which has a
dining room serving the general public at tables and having facilities for seating at least 30 guests at one
time,and at least 50 guest rooms.
Intoxicating Liquor. Ethyl,alcohol,and distilled,fermented,spirituous,vinous and malt beverages
containing in excess of 3.2 percent of alcohol by weight.
Intoxicating Malt Liquor. Any beer,ale or other beverage made from malt by fermentation and
containing more than 3.2 percent of alcohol by weight.
License. A license granted pursuant to this Section.
Licensed Premises. The area shown in the license application as the place where wine or liquor will be
served or consumed.
Liquor. 3.2 percent malt liquor,intoxicating liquor,and intoxicating malt liquor.
Meal. Entrees and sandwiches offered on a restaurant menu.
Off-Sale. Retail sale in the original package for consumption away from the premises only.
On-Sale. Sale for consumption on the premises only.
Original Package. Any container or receptacle holding liquor,in which the liquor is corked or sealed at
the place of manufacture.
Restaurant. An establishment,under control of a single proprietor or manager,having appropriate
facilities for serving meals and where in consideration of payment,meals are regularly served at tables to
the general public,and which employs an adequate staff to provide the usual and suitable service to its
guests,and which has a seating capacity for not fewer than 30 guests at one time.
Sale,Sell,Sold. All barters,exchanges,gifts,sales,and other means used to obtain,dispose of,or furnish
any liquor or wine or any other beverage,directly or indirectly,as part of a commercial transaction,in
violation or evasion of the provisions of this Section,but does not include sales by State licensed liquor
wholesalers selling to licensed retailers.
State Established Legal Drinking Age. For purposes of this Section,the State established legal age for
consumption of liquor and wine is 21 years of age.
3.2 Percent Malt Liquor. Any potable beverage with an alcoholic content of more than one-half
of one percent by volume and not more than 3.2 percent by weight.
Wine. Vinous beverage created by fermentation.
1000.02 Off-Sale Limited to Municipal Liquor Stores. No intoxicating liquor,intoxicating malt liquor or
wine shall be sold,or caused to be sold at off-sale within the City by any person,or by any store or establishment,or
by any agent or employee of such person,store or establishment,except by the City and on the premises in the City
occupied by the municipal stores for off-sale of liquor.
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24
1000.03 License Required.No person,except wholesalers or manufacturers to the extent authorized by law,
directly or indirectly,upon any pretense or by any device,shall sell at off-sale any 3.2 percent malt liquor or at on-
sale any 3.2 percent malt liquor,intoxicating malt liquor,wine or intoxicating liquor without first having obtained a
license [except that a license shall not be required for any sales at the municipal stores for the on-sale and off-'
sale of liquor established by Section 1000.10 of the Code].
1000.04 License Types. Licenses shall be of seven types:
A. On-Sale Intoxicating Liquor License-permits the on-sale of liquor and wine at qualifying
hotels and restaurants. A qualifying hotel with multiple points of liquor sale and service within
the hotel may operate under a single On-Sale Intoxicating Liquor License provided that the sale of
food and liquor is under the exclusive ownership and control of the licensee. Any restaurant or
other facility serving liquor within a hotel which operates under separate ownership or control
shall be considered a distinct entity for purposes of this Section.
B. Off-Sale 3.2 Percent Malt Liquor License- permits the off-sale of 3.2 percent malt liquor at
certain retail establishments.
C. On-Sale 3.2 Percent Malt Liquor License-permits the on-sale of 3.2 percent malt liquor at
certain retail establishments.
D. Wine License-permits the on-sale of wine at qualifying hotels and restaurants.`` 6eating
RIAlt liqUeE alay be 581d OR pFeF,4ses holding both a 3.2 pement n3aft liquor-on sale heense and a
wine-Iieense.)
E. Temporary On-Sale 3.2 Percent Malt Liquor License-permits the on-sale of 3.2 percent malt
liquor at events sponsored by certain organizations. Not more than three such licenses shall be
issued to any one organization in a twelve month period with at least 30 days between issue dates.
Each license shall be issued for not more than three consecutive days.
F. Temporary Wire License—permits the on-sale of wine at events sponsored by certain
organizations. Not more than three such licenses shall be issued to any one organization in a
twelve month period with at least 30 dates between issue dates. Each license shall be issued for
not more than three consecutive days. A temporary wine license may provide that the licensee
may contract for wine catering services with the holder of an On-Sale Intoxicating Liquor License
or the holder of a full-year on-sale intoxicating liquor license issued by another municipality.
G. Sunday On-Sale License-permits the on-sale of intoxicating liquor on Sunday.Only persons
holding an On-Sale Intoxicating Liquor License may hold a Sunday On-Sale License
1000.05 License Application;Renewal.An application for any license required by this Section or the renewal
of an existing license shall be made on forms provided by the Clerk.The provisions of Section 500 of this Code,
shall apply to all licenses required by this Section,and to the holders of such licenses,except that licenses and
renewals shall be granted or denied in accordance with Section 1000.06.All applications shall be accompanied by
the fees set forth in Section 1000.07. Every license issued under this Section shall expire at 12:01 A.M.on March
15 following its date of issuance.Renewal applications shall be submitted at least 60 days but not more than 150
days before expiration of the license.If,in the judgment of the Council as to off-sale and on-sale licenses,good and
sufficient cause for the applicant's failure to apply for a renewal within the time provided is shown,the Council,
may,if the other provisions of this Section are complied with,grant the license. In addition to the application
requirements provided in Section 500 of this Code,applicants shall also provide the following:
A. The type of license the applicant seeks;
B. A description of the type of business to be transacted on the licensed premises;
C. Proof of financial responsibility with regard to liability imposed by M.S.340A.801 in the
manner and to the extent required by M.S.340A.409. If the applicant claims exemption from the
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25
requirements of said Statute,proof of exemption shall be established by affidavit given by the
applicant in form and substance acceptable to the Clerk;
D. All forms and information required by the Police Chief,the Minnesota Department of Public
Safety and the Minnesota Department of Revenue;
E. Any affidavits of the applicant as required by the Clerk,on forms provided by the Clerk,in ,
support of the application;
F. Authorization to release information obtained in connection with the application;
G. A statement signed by the applicant stating that he or she has reviewed and understands the
pertinent provisions of this Section and State law;
H. In the case of an application for a Wine License,or On-Sale Intoxicating Liquor License,the
applicant shall provide evidence satisfactory to the Clerk as to compliance with the requirements
of Subd.2 of Section 1000.12 as to the completion of an alcohol awareness program;
I. In the case of an application for a Wine License or On-Sale Intoxicating Liquor License,the
applicant shall provide evidence satisfactory to the Clerk as to compliance with the requirements
of Subd. 3 of Section 1000.12 as to the percentage of food sold on the licensed premises.This
requirement shall be established by an affidavit of the licensee on a form provided by the Clerk.
The affidavit shall be given with each application for issuance or renewal on a Wine License or an
On-Sale Intoxicating Liquor License,or at other times as the Clerk may request. If the application
is for the renewal of a Wine License or an On-Sale Intoxicating Liquor License,the affidavit shall
also include the actual percentage of gross receipts attributable to the sale of food during the
immediately preceding 12 month period. The Clerk shall require that any such affidavit be
verified and confirmed,on a form provided by the Clerk,by a Certified Public Accountant.Failure
or refusal of a licensee to give such affidavit with such application,or on request of the Clerk,or
any false statement in any such affidavit,shall be grounds for denial,suspension or revocation of
all licenses held by such licensee.
J. In the case of an application for a Temporary On-Sale 3.2 Malt Liquor License or Temporary
Wine License,the applicant shall provide evidence satisfactory to the Clerk that the applicant
complies with the requirements of Section 1000.08 as to being a qualified corporation or
organization;
K. Any other information deemed necessary by the Manager to undertake consideration of the
application.
1000.06 Consideration of Application;Public Hearing. The provisions of Section 500 of this Code shall
apply to all licenses required by Section 1000.04 and to the holders of such licenses,provided that all licenses shall
be granted or denied by the City Council and the Commissioner, if required by State law. The City Council shall
conduct a public hearing on the application for a new On-Sale Intoxicating Liquor License within a reasonable
period following receipt of a complete application and completion of the investigation required by Section 1000.05.
A notice of the date,time,place and purpose of the hearing shall be published once in the official newspaper not less
than ten days before the date of the hearing. After hearing the oral and written views of all interested persons,the
Council shall make its decision at the same meeting or at a specified future meeting. No hearing shall be required
for the renewal or the transfer of an On-Sale Intoxicating Liquor license.
1000.07 Fees.
Subd. 1 Application Fee. The annual license application fee shall be the amount set forth in Section
615.06 of this Code. When a new Wine License or On-Sale Intoxicating Liquor License is issued for a
portion of a year,the annual license application fee shall be prorated at the rate of one twelfth of the license
fee per month or portion of a month remaining in the license year at the time of application.The annual
license application fee for a Wine License or for an On-Sale Intoxicating Liquor License may be refunded,
-6-
26
less costs incurred by the City as determined by the Clerk,in the event that the application is withdrawn by
the applicant or denied by the Council.
Subd.2 On-Sale Intoxicating Liquor License Renewal Fee. A business with an On-Sale Intoxicating
Liquor License that passes the annual compliance checks,with no violations carrying a penalty of$500 or
greater,under the presumptive penalty provisions contained in Subsection 1000.14,shall be eligible for a
reduction in the annual license fee for the following year. The annual license fee reduction shall be$500.
Subd. 3 Refunds. A monthly pro-rata share of the annual license fee for a Wine License or an On-Sale
Intoxicating Liquor License issued pursuant to this Section may be refunded,less the cost of issuance as
determined by the Clerk,if:
A. The business permanently ceases to operate;
B. The license is transferred to a new licensee in accordance with Section 1000.13 and the City
receives a license fee for the remainder of the license term from the transferee;or
C. A premises licensed to sell wine receives an On-Sale Intoxicating Liquor License prior to the
expiration of the Wine License. In this instance,a pro-rata share of the Wine License fee may be
refunded.
Subd.4 Investigation Fees.Upon application for a new or the transfer of an existing Wine License,On-
Sale Intoxicating Liquor License,On-Sale 3.2 Liquor License or Off-Sale 3.2 Liquor License,the applicant
shall deposit$500.00 with the City for the investigation fee. If the investigation requires an out-of-state
investigation,an additional$2,000.00 shall be deposited before further processing of the application by the
City.The Clerk may from time to time require the deposit of additional investigation fees up to the limits
provided herein before further processing of the application if the cost of investigation exceeds the amounts
previously deposited.The cost of the investigation shall be based on the expense involved,but in no event
shall it exceed$500.00 if the investigation is limited to the State or$10,000.00 if outside the State.All
deposited monies not expended on the investigation shall be refunded to the applicant.All investigative
expenses incurred in excess of the deposit shall be paid prior to consideration of the license application by
the Council. Investigation fees for license renewal shall not exceed$200.00 unless there is a change of
ownership of more than 10%cumulatively over the then existing license period.
1000.08 Persons Ineligible for License. The following restrictions apply to any applicant who is a natural
person,a general partner if the applicant is a partnership,or a corporate officer if the applicant is a corporation. No
license shall be granted to:
A. Any manufacturer,brewer, or wholesaler as defimed in M.S. 340A.101,or any manufacturer
of 3.2 percent malt liquor,or to any person who has a financial interest,directly or indirectly,in
such manufacturer,brewer or wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United States or any provision
of State Law or this Code with regard to the manufacture,sale or distribution of liquor.
D. Any person not eligible under M.S.340A.402 or the regulations of the Commissioner.
E. Any person who has(i)been convicted, within the five years prior to the application for a
license,of any violation of any law of the United States,the State,or any other state or territory,or
of any local ordinance with regard to:(a)the manufacture,sale,distribution or possession for sale
or distribution of intoxicating liquor or other controlled substances as defined by State Statute,(b)
gambling,(c)theft,or(d)vice;or(ii)had an,intoxicating liquor license,including a wine on-sale
license,revoked for any violation of any statutes,ordinances or regulations relating to the
manufacture,sale,distribution or possession of liquor or wine.
-7-
27
F. Any person who has applied for or holds a federal wholesale or retail liquor dealer's special
stamp or a federal or State gambling or gaming stamp or license.
G. Any person who is an employee or elected official of the City.
H. Any person who has falsified any information given either in the application or in the process'
of investigation.
I. Any person who upon renewal,has been found in violation of any provision of this Section
or applicable State Law.
J. If an individual,any person who is not a U.S.citizen or resident alien.
K. Any person who is financially indebted to a person who is disqualified under this Subd.
L. If for a Temporary On-Sale 3.2 Percent Malt Liquor License,any person who is not a
charitable,religious or other nonprofit corporation or organization in existence at least three years.
No corporation or organization shall be granted more than three such licenses in a twelve month
period and there shall be at least 30 days between the license issue dates.
M. If for a Temporary Wine License,any person who is not a charitable,religious or other
nonprofit corporation or organization in existence at least three years. No corporation or
organization shall be granted more than three such licenses in a twelve month period and there
shall be at least 30 days between the license issue dates.
1000.09 Places Ineligible for a License
Subd. 1 General Restrictions. No off-sale or on-sale license shall be granted or renewed for:
A. Any property on which taxes,assessments or other financial claims of the State,County or
City are due,delinquent or unpaid.
B. Any property on which the business is to be conducted is owned by a person who is ineligible
for a license pursuant to Section 1000.08
C. Any property located within 300 feet of a place of worship or an elementary,junior high or
senior high school having a regular course of study accredited by the State.A location which holds
a license under this Section shall not be declared ineligible for license renewal or transfer due to a
place of worship or school that was newly located in its proximity after license issuance. The
provisions of this paragraph shall not apply to Temporary On-Sale 3.2 Percent Malt Liquor
Licenses or Temporary Wine Licenses.
D. Any property where a license issued under this Section has been revoked during the preceding
year unless the issuance of the license is unanimously approved by the Council then present.
E. Any property where the conduct of the business is prohibited by Chapter 16 of this Code.
F. Any property not eligible under M.S. 340A and the regulations of the Commissioner.
G. Any property used as a sexually oriented business as defined by Section 1605 of this Code.
Subd.2 Off-Sale 3.2 Percent Malt Liquor Licenses.In addition to the requirements of Subd. 1 of this
Subsection,no Off-Sale 3.2 Percent Malt Liquor License shall be granted to any theater,recreation
establishment,public dancing place or establishment holding any on-sale license.
Subd.3 On-Sale 3.2 Percent Malt Liquor Licenses.In addition to the requirements of Subd.I of this
Subsection,no On-Sale 3.2 Percent Malt Liquor License shall be granted for establishments other than(i)
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28
restaurants,(ii)golf courses,(iii)bowling centers and(iv)hotels. The provisions of this Subdivision do hUL
apply to Temporary On-Sale 3.2 Percent Malt Liquor Licenses.
Subd.4 Wine Licenses.In addition to the requirements of Subd. 1 of this Subsection,no Wine License
shall be granted to any establishment other than a restaurant located in the Commercial District.
Subd.5 On-Sale Intoxicating Liquor Licenses.In addition to the requirements of Subd. 1 of this
Subsection,no On-Sale Intoxicating Liquor License shall be granted to any establishment other than a
restaurant or hotel located in the Commercial District.
1000.10 General Restrictions; Conditions of Sale.
Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the licensee's place of business
and shall maintain conditions of sobriety and order.
Subd.2 Age. No wine or liquor shall be sold to any person under the State established legal drinking age,
or to an intoxicated person,directly or indirectly.
Subd.3 Under Age Workers. No person under the age of 18 shall serve or sell liquor or wine.
Subd.4 Gambling and Prostitution. No licensee shall keep,possess or operate,or permit the keeping,
possession or operation on the licensed premises,or in any room adjoining the licensed premises controlled
by the licensee,any slot machines,dice or other gambling equipment as defined in M.S.349.30,nor permit
any gambling therein, nor permit the licensed premises or any room in the same or in any adjoining
building,directly or indirectly under licensee's control,to be used as a resort for prostitutes or other
disorderly persons;provided,however,that lawful gambling may be carried on if allowed by this Code and
where allowed by a license issued pursuant to M.S.349 or this Code.
Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in any licensed place shall
be owned in whole or in part by any manufacturer or brewer,as defined in M.S.340A,of wine or liquor.
Subd. 6 Open to Inspection. All licensed premises shall be open to inspection by any police officer or
other designated officer or employee of the City at any time there are persons within the licensed premises.
Subd.7 Hours of Sale. The hours and days of sale shall be as set forth in M.S.340A.504. Except,
however,establishments holding a Wine License under this Section or establishments holding both an On-
Sale Intoxicating Liquor License and a Sunday On-Sale License under this Section may sell intoxicating
liquor or wine in conjunction with the sale of food between the hours of 10:00 A.M. Sundays and 1:00
A.M.on Mondays,provided that the licensee is in conformance with the Minnesota Clean Air Act.
Subd.8 Hours of Consumption. No liquor or wine shall be consumed by any person on,in or about a
licensed premises more than 30 minutes following the time established by this Subsection for cessation of
the sale of wine or liquor.
Subd.9 No Liquor or Wine in Non-Licensed Food Establishments. Except as permitted by a license
issued pursuant to this Section,no person shall take or cant'any wine or liquor into any food
establishment.
Subd. IOMixing or Sale for Mixing Prohibited. Except as permitted by a license issued pursuant to this
Section,no person shall mix with liquor or wine or sell for the purpose of mixing with liquor or wine,any
soft drink,other liquor or beverage in any food establishment.
Subd. 11 Illegal to Permit Mixing. Except as permitted by a license issued pursuant to this Section,no
person shall consume,or permit the consumption,mixing or spiking of any beverage by adding to the same
any liquor,in any building or place operated as a food establishment. The fact that any person in any food
establishment,sold any liquid or beverage to a person who thereupon and therein added to such liquid or
beverage any liquor or wine shall be prima facie evidence that such liquid or beverage was sold by such
-9-
29
person for the purpose of adding liquor or wine and shall be prima facie evidence that such person and the
person's employer permitted the mixing or spiking of such liquid by adding wine or liquor.
Subd. 1211ottle Clubs Prohibited. Except as permitted by a license issued pursuant to this Section,
establishments or clubs that directly or indirectly allow the consumption or display of wine or liquor,or
knowingly serve any liquid for the purpose of mixing with liquor or wine,shall be prohibited. Permits for
bottle clubs issued by the Commissioner under M.S.340A.414 shall not be approved by the Council.
Subd. 13 Posting of License. A license issued under this Section shall be posted in a conspicuous place in
the licensed premises.
Subd. 14Compact and Contiguous Premises. A license issued under this Section is only effective for the
compact and contiguous space specified in the approved license application.No sales or consumption of
wine or liquor shall be permitted beyond the licensed premises.The licensed premises shall not be
increased in size or seating capacity during the then license period.
Subd. 15 Sobriety and Order. A licensee shall be responsible for the conduct of business being operated
and shall maintain conditions of sobriety and order.
Subd. 16Adult Entertainment Prohibited. The Findings,Purpose and Objectives of Section 1670 of the
City Code are hereby incorporated by reference. No licensee shall permit any specified sexual activities,
the presentation or display of any specified anatomical areas or the conduct of a sexually oriented business
all as defined by Section 1605 of this Code on the licensed premises or in areas adjoining the licensed
premises where such activities or the conduct of such a business can be seen by patrons of the licensed
premises.
Subd. 17State Law.All applicable provisions of State Law shall be complied with in connection with the
sale of wine and liquor.
1000.11 Special Requirements for the On-Sale of 3.2 Percent Malt Liquor. In addition to the requirements
imposed by Section 1000.10,the following special requirements apply to the on-sale of 3.2 percent malt liquor:
Subd. 1 Place of Serving and Consumption. 3.2 percent malt liquor sold pursuant to an On-Sale 3.2
Percent Malt Liquor License shall be served and consumed at tables in the dining or refreshment room on
the licensed premises and shall not be consumed or served at bars;provided,the same may be consumed or
served at the following locations:
A. At counters where food is regularly served and consumed.
B. On decks,patios and other outdoor dining areas which are adjacent to the licensed premises.
C. On grounds of a golf course.
Subd.2 Temporary Licenses. The provisions of Subd. 1 of this Section do not apply to 3.2 percent malt
liquor sold pursuant to a Temporary 3.2 Percent Malt Liquor License.
1000.12 Special Requirements for the On-Sale of Wine,Intoxicating Malt Liquor and Intoxicating Liquor.
In addition to the requirements of Section 1000.10,the following special requirements apply to the sale of wine,
intoxicating malt liquor and intoxicating liquor sold pursuant to a Wine License or and On-Sale Intoxicating Liquor
License issued in accordance with this Section:
Subd. 1 Licensed Premises. The licensed premises must:
A. Have an exclusive entrance from and exit to the exterior of the building in which the license
premises is located or to a public concourse or public lobby,and have a physical barrier separating
the licensed premises from other areas so as to prevent the passing of patrons other than through
the required entrances and exits.
-10-
30
B. Have adequate space for the storage,preparation and handling or service of food,wine,and
liquor.
C. The premises shall not have more than 15 percent of its seating capacity located at a bar or
service counter.
Subd.2 Alcohol Awareness Training.
A. Within 30 days following the issuance of a new Wine License or a new On-Sale Intoxicating
Liquor License,not less than 75%of the employees authorized to serve or sell wine or liquor on
the licensed premises shall have completed an alcohol awareness program approved by the Police
Chief.
B. Not less than 75%of the employees authorized to serve or sell wine or liquor on the licensed
premises must complete an alcohol awareness program approved by the Police Chief within 90
days prior to an application for license renewal for a Wine License or a On-Sale Intoxicating
Liquor License.
Subd.3 Percentage of Food Sold. Not less than 50 percent of the restaurant's or hotel's gross receipts
from the combined sale of food,non-alcoholic beverages,wine and liquor,on an annual basis,shall be
attributable to the sale of food and non-alcoholic beverages.
Subd.4 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume may be sold or
consumed on a premises holding a Wine License.
Subd. 5 Denied Sales or Consumption. No sales or consumption of wine or liquor shall be permitted
beyond the licensed premises.
Subd. 6 Container Volume Restrictions. Wine may not be sold,served or consumed in containers larger
in volume than one liter.
Subd. 7 Diluting,Changing,or Tampering with Wine or Liquor Prohibited. No licensee shall sell,
offer for sale or keep for sale,wine or liquor in any original package that 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 premises by the licensee of any wine in the original package differing in composition,
alcoholic content or type from the wine 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. 8 Sales in Hotels. No sale of wine or liquor shall be made to or in guest rooms of hotels unless:
A. The rules of such hotel provide for the service of meals in guest rooms;
B. The sale of such wine and liquor is made in the manner which conforms to the requirements of
Section 1000.12;
C. Such sales is incidental to the regular service of meals to guests in their rooms;and
D. The rules of such hotel and the description,location,and number of such guest rooms are fully
set out in the license application.
1000.13 Restrictions on Transfer of License.No license shall be transferred to any person or premises by the
person or from the premises to whom and for which the license was granted,by any means whatsoever,including,
without limitation,devise or descent or involuntarily by the operation of law,without the person and premises to
whom and to which the license is to be transferred having first submitted an application containing all of the
information required in an original application,and complying with all requirements for an original license,and
-11-
' 31
receiving the approval of the Council,and where required,the Commissioner. Any change in the persons named in,.
the original application or any change in the information in such original application shall be deemed a transfer for.
the purposes of this Section. Provided,however,the following changes shall not be deemed a transfer:
A. A change in the ownership of a limited partnership comprising 10%or less cumulatively of
the limited partnership during the then license period;
B. A change in ownership of a corporation comprising 10%or less cumulatively of the stock
owners during the then license period;or
C. A change in one of the corporation's officers during the term of the then license. Provided,
however,the corporation shall give notice of a change in officer to the Clerk and the new officer
shall comply with all requirements of this Section and Section 500 of this Code.
1000.14 Penalties;Revocation or Suspension.
Subd. 1 Compliance Checks and Inspections. All licensed premises shall be open to inspection by the
Police Department or other authorized City official during regular business hours.At least once per year,
the City shall conduct compliance checks by engaging, [persons] over the age of 18 and
less than 21 years,to enter the licensed premises to attempt.to purchase intoxicating or 3.2 percent malt
liquor. (Minors) [Persons] used for the purpose of compliance checks shall be supervised by City
designated law enforcement officers or other designated City personnel. (Minem) [Persons] used for
compliance checks shall not be guilty of unlawful possession of intoxicating or 3.2 percent malt liquor
when such items are obtained as a part of the compliance check. No (miner-) [person] used in compliance
checks shall attempt to use a false identification misrepresenting the (miaer-'s) [person's] age,and all
minors lawfully engaged in a compliance check shall answer all questions about the (miner)[person's]
age asked by the licensee or the licensee's employee and shall produce any identification, if any exists,for
which the{ffieeF}[person] is asked.Nothing in this section shall prohibit compliance checks authorized
by State or Federal laws for educational,research,or training purposes,or required for the enforcement of a
particular State or Federal law.
Subd.2 Hearing Notice for Revocation or Suspension of License. Revocation or suspension of a
license by the City Council shall be preceded by public hearing conducted in accordance with Minnesota
Statutes Section 14.57 to 14.70.The City Council may appoint a hearing examiner or may conduct a
hearing itself.The hearing notice shall be given at least 10 days prior to the hearing,include notice of the
time and place of the hearing,and state the nature of the charges against the licensee.
Subd.3 Grounds for Revocation or Suspension of License. The Council may suspend or revoke any
license for the sale of intoxicating liquor or 3.2 percent malt liquor for any of the following reasons:
A. False or misleading statements made on a license application or renewal,or failure to abide by
the commitments,promises or representations made to the City Council.
B. Violation of any special conditions under which the license was granted,including,but not
limited to,the timely payment of real estate taxes,and all other charges.
C. Violation of any Federal,State,or local law regulating the sale of intoxicating liquor,3.2
percent malt,liquor,or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the licensed premises or on property
owned or controlled by the licensee adjacent to the licensed premises,unrelated to the sale of
intoxicating liquor or 3.2 percent malt liquor.
F. That the licensee had knowledge of illegal acts upon or attributable to the licensed premises,
but failed to report the same to the police.
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32
G. Expiration or cancellation of any required insurance,or failure to notify the City within a
reasonable time of changes in the term of the insurance or the carriers.
H. Failure of an establishment granted a license to exhibit satisfactory progress toward
completion of construction within 6 months from its issuance,or failure of an establishment to
operate for a period of 6 months. A hearing shall be held to determine what progress has been
made toward opening or reopening the establishment and,if satisfactory progress is not
demonstrated,the Council may revoke the license.
Subd.4 Presumptive Civil Penalties. The purpose of this Section is to establish a standard by which the
City Council determines the length of license suspensions and the propriety of revocations,and shall apply
to all premises licensed under this Chapter.These penalties are presumed to be appropriate for every case;
however,the Council may deviate in an individual case where the Council finds that there exist substantial
reasons making it more appropriate to deviate,such as,but not limited to,a licensee's efforts in
combination with the State or City to prevent the sale of alcohol to minors.When deviating from these
standards,the Council will provide written findings that support the penalty selected.
The minimum penalties for convictions or violations must be presumed as follows(unless specified,
numbers below indicate consecutive days'suspensions):
Appearance
Tvne of Violation ls` 2nd 3rd 4`h
A. Commission of a felony Revocation N/A N/A N/A
related to the licensed
activity
B. Sale of liquor while Revocation N/A N/A N/A
license is under suspension
C. Sale of liquor to under-age$500 6 days 18 days Revocation
persons
D. Sale of liquor to $500 6 days 18 days Revocation
obviously intoxicated person
E. After hours sale of $500 6 days 18 days Revocation
liquor
F. After hours display or $500 6 days 18 days Revocation
consumption of liquor
G. Refusal to allow City $500 15 daysRevocation
inspectors or police
admissions to inspect
premises
H. Illegal gambling on $500 6 days 18 days Revocation
premises
I. Failure to take reasonable $500 6 days 18 days Revocation
steps to stop person from
leaving premises with
liquor(does not apply to
Off-Sale 3.2 Percent Malt
Liquor License)
J. Sale of intoxicating Revocation N/A N/A N/A
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33
liquor where only
license is for 3.2
percent malt liquor
The Council may impose a 3 day suspension for failure to pay the required fine on the first appearance.
Subd. 5 Multiple Violations. At a licensee's first appearance before the Council,the Court must act upon
all of the violations that have been alleged in the notice sent to the licensee.The Council in that case must
consider the presumptive penalty for each violation under the first appearance column in Subd.4 above.
The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's
discretion.
Subd. 6 Subsequent Violations. Violations occurring after the notice of hearing has been mailed,but
prior to the hearing,must be treated as a separate violation and dealt with as a second appearance before the
Council,unless the City Manager and licensee agree in writing to add the violation to the first appearance.
The same procedure applies to a second,third or fourth appearance before the Council.
Subd.7 Subsequent Appearances. Upon a second,third or fourth appearance before the Council by the
same licensee,the Council must impose the presumptive penalty for the violation or violations giving rise
to the subsequent appearance without regard to the particular violation or violations that were the subject of
the first or prior appearance.However,the Council may consider the amount of time elapsed between
appearances as a basis for deviating from the presumptive penalty imposed by this Section.
Subd. 8 Computation of Appearances. After the first appearance,a subsequent appearance by the same
licensee will be determined as follows:
A. If the first appearance was within 18 months of the current violation,the current violation will
be treated as a second appearance.
B. If a licensee has appeared before the Council on 2 previous occasions,and the current-violation
occurred within 30 months of the first appearance,the current violation will be treated as a third
appearance.
C. If a licensee has appeared before the Council on 3 previous occasions,and the current violation
occurred within 42 months of the first appearance,the current violation will be treated as a fourth
appearance.
D. Any appearance not covered by A,B,or C of this Subd. 8 will be treated as a first appearance.
Subd.9 Other Penalties. Nothing in this Section 1000.14 shall restrict or limit the authority of the
Council to suspend up to 60 days,revoke the license,or impose a civil fine not to exceed$2,000 for each
violation,to impose conditions,or impose any combination of the foregoing sanctions,or take any other
action in accordance with law;provided,that the license holder has been afforded an opportunity for a
hearing in the manner provided for in this Section 1000.14.
1000.15 Incorporation by Reference. The provisions of M.S.340A.which are referenced in this Section are
hereby adopted and incorporated by reference and made a part of this Section,including all regulations of the
Commissioner which relate to such incorporated provisions of M.S.340A.
Section 3. Section 1005 of the St.Anthony City Code is deleted in its entirety.
Section 4. This ordinance shall become effective as of the date of its publication.
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34
First Reading: February 11,2003
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St.Anthony Bulletin
-15-
35
----------------------REVISION LIST----------------------
The bracketed numbers refer to the Page and Paragraph for the start of the paragraph in both the old and the new
documents.
[3:23 3:23] Changed "license."to"license except ... the Code."
[3:28 3:28]Changed "restaurants. ... license.)" to"restaurants."
[3:127 3:127]Changed "young adults"to"persons"
[3:127 3:127]Changed "liquor.Minors used"to"liquor.Persons used"
[3:127 3:127]Changed "personnel.Minors used"to"personnel.Persons used"
[3:127 3:127]Changed "No minor used"to"No person used"
[3:127 3:127]Changed "the minor's age,"to"the person's age,"
[3:127 3:127]Changed "about the ... age asked"to"about the ... age asked"
[3:127 3:127]Changed "the minor is"to"the person is"
-16-
VERSION 2
CITY OF ST.ANTHONY
ORDINANCE 2003-001 36
AN ORDINANCE RELATING TO SALE OF INTOXICATING LIQUOR;
AMENDING SECTIONS 615.06 AND 1000 OF THE ST.ANTHONY CITY CODE
AND DELETING SECTION 1005 OF THE ST.ANTHONY CITY CODE
The City Council of the City of St.Anthony hereby ordains:
Section 1. Section 615.06 of the St.Anthony City Code,shall be amended to read as follows:
615.06 Other License Fees. No person other than the City may engage in the following businesses or types
of activity without first paying the fee listed in this Chapter and obtaining a license as provided in this
Chapter.
Minnesota Applicable
License Fee Term Transferable Statutes Code Section
Alarm,Business $25 One year, Yes 540
commencing
July 1
Alarms,Residential $10 One year, Yes 540
commencing
July 1
Amusement Devices $75 per machine One year No 540
Beer: Off-Sale 3.2 $100 One year No Chp. 340A 1000
Percent Malt Liquor
License
Beer: On Sale 3.2 $350 One year No Clip. 340A 1000
Percent Malt Liquor
License
Beer: Temporary None As stated in No Clip. 340A 1000
On Sale 3.2 Percent license
Malt Liquor License
Bowling lanes $12.50 per alley One year With
Council
Approval
Christmas tree lots: None As stated in No 1325
Nonprofit applicant license
Other applicants $50 As stated in No 500; 600
license
r 37
Circus,carnival $50 plus$25 per As stated in No 437.09 500; 600
entertainment event day license
Coin operated $10 per machine, One year Yes
laundry machines not up to maximum
in multiple family of$190 per
building location
Contractors $35 or$5 if State One year No. 560
licensed
Courtesy ad benches $8 per bench One year Yes
Demolition Fee $50-Residential
$75-Commercial
Fireworks display $2 per display One day No 624.20—
624.25
Garbage and rubbish $150 One year
haulers -
Gasoline service $30 for station& One year
stations, stations with 1 production line,
multiple product plus$8.50 for
dispensement each product line
through 1 hose dispensed
Haulers of Garbage $150 One year No 555
or Recyclables
HVAC,plumbing, $35 One year 326.37—
gas piping 326.45;
326.46—
326.521
Juke boxes $50 per location One year Yes
Kennel $50 One year 520
Inspection Fee $30
Liquor: On-Sale $8,000 One year No Chp. 340A 1000
Intoxicating Liquor
Liquor: Sunday $200 One year No Chp. 340A 1000
On-Sale
Mobile home park None One year No 525
Multiple Dwellings $7.00 per One year No 550
dwelling unit
-2-
r
38
Newspaper vending $5 per machine One year Yes
machine
Peddler/Solicitor& $50 No 1130
Transient Merchants
Occupancy Permit $20 No
Physical Culture and $250 license fee One year No 575
Health Service or and$500
Club,Reducing Club investigation fee
or Salon, Sauna deposit
Parlor,Therapeutic
Massage Studio
Public dance $50 One day No
Vending machines $2 per machine One year Yes
(including gumball&
nut machines)
All other coin- $25 first One year Yes
operated machines machine; $12
not otherwise each additional
covered in this machine,up to a
Section,except maximum of
nonperishable soft $180
drink machines
Set-ups $350 One year No Chp. 340B 1000.12
Secondhand Goods $1,000 One year No 565
Dealer
Tobacco or Tobacco $300 One year No 461.12— 510
related products 461.15
Towing service $30 for first One year, Yes 530
vehicle&$20 for terminating
each additional on 9/1 of
vehicle(unless each year
licensed in
another city)
Wine,wine license $100 processing One year No Chp. 340A 1000
fee&$400
license fee
Wine,Temporary None Period stated No Chp. 340A 1000
Wine License in license
Section 2. Section 1000 of the St.Anthony City Code shall be amended to read as follows:
Section 1000-Sale of Liquor and Wine;Licensing
-3-
39
1000.01 Definitions. Unless the context otherwise clearly indicates, the following terms shall have the stated
meanings:
Bar. A counter or similar kind of place or structure at which wine or liquor is served.
Commissioner. The State Commissioner of Public Safety.
Food Establishment Any establishment providing for table service or self service of food or beverages.
Hotel. An establishment where food and lodging are regularly furnished to transients and which has a
dining room serving the general public at tables and having facilities for seating at least 30 guests at one
time,and at least 50 guest rooms.
Intoxicating Liquor. Ethyl,alcohol,and distilled,fermented,spirituous,vinous and malt beverages
containing in excess of 3.2 percent of alcohol by weight.
Intoxicating Malt Liquor. Any beer,ale or other beverage made from malt by fermentation and
containing more than 3.2 percent of alcohol by weight.
License. A license granted pursuant to this Section.
Licensed Premises. The area shown in the license application as the place where wine or liquor will be
served or consumed.
Liquor. 3.2 percent malt liquor,intoxicating liquor,and intoxicating malt liquor.
Meal. Entrees and sandwiches offered on a restaurant menu.
Off-Sale. Retail sale in the original package for consumption away from the premises only.
On-Sale. Sale for consumption on the premises only.
Original Package. Any container or receptacle holding liquor,in which the liquor is corked or sealed at
the place of manufacture.
Restaurant. An establishment,under control of a single proprietor or manager,having appropriate
facilities for serving meals and where in consideration of payment,meals are regularly served at tables to
the general public,and which employs an adequate staff to provide the usual and suitable service to its
guests,and which has a seating capacity for not fewer than 30 guests at one time.
Sale,Sell,Sold. All barters,exchanges,gifts,sales,and other means used to obtain,dispose of,or furnish
any liquor or wine or any other beverage,directly or indirectly,as part of a commercial transaction,in
violation or evasion of the provisions of this Section,but does not include sales by State licensed liquor
wholesalers selling to licensed retailers.
State Established Legal Drinking Age. For purposes of this Section,the State established legal age for
consumption of liquor and wine is 21 years of age.
3.2 Percent Malt Liquor. Any potable beverage with an alcoholic content of more than one-half
of one percent by volume and not more than 3.2 percent by weight.
Wine. Vinous beverage created by fermentation.
1000.02 Off-Sale Limited to Municipal Liquor Stores. No intoxicating liquor,intoxicating malt liquor or
wine shall be sold,or caused to be sold at off-sale within the City by any person,or by any store or establishment,or
by any agent or employee of such person,store or establishment,except by the City and on the premises in the City
occupied by the municipal stores for off-sale of liquor.
-4-
1000.03 License Required.No person,except wholesalers or manufacturers to the extent authorized by law,
40
directly or indirectly,upon any pretense or by any device,shall sell at off-sale any 3.2 percent malt liquor or at on-
sale any 3.2 percent malt liquor,intoxicating malt liquor,wine or intoxicating liquor without first having obtained a
license [except that a license shall not be required for any sales at the municipal stores for the on-sale and off-
sale of liquor established by Section 1000.10 of the Code].
1000.04 License Types. Licenses shall be of seven types:
A. On-Sale Intoxicating Liquor License-permits the on-sale of liquor and wine at qualifying
hotels and restaurants. A qualifying hotel with multiple points of liquor sale and service within
the hotel may operate under a single On-Sale Intoxicating Liquor License provided that the sale of
food and liquor is under the exclusive ownership and control of the licensee. Any restaurant or
other facility serving liquor within a hotel which operates under separate ownership or control
shall be considered a distinct entity for purposes of this Section.
B. Off-Sale 3.2 Percent Malt Liquor License- permits the off-sale of 3.2 percent malt liquor at
certain retail establishments.
C. On-Sale 3.2 Percent Malt Liquor License-permits the on-sale of 3.2 percent malt liquor at
certain retail establishments.
D. Wine License-permits the on-sale of wine at qualifying hotels and restaurants. (4atexieating
1t liquef may be la on pEemises held ..both 3.2 peNefit it liquer-on ale li a and
;A,4_ae-1}sease*.
E. Temporary On-Sale 3.2 Percent Malt Liquor License-permits the on-sale of 3.2 percent malt
liquor at events sponsored by certain organizations. Not more than three such licenses shall be
issued to any one organization in a twelve month period with at least 30 days between issue dates.
Each license shall be issued for not more than three consecutive days.
F. Temporary Wire License—permits the on-sale of wine at events sponsored by certain
organizations. Not more than three such licenses shall be issued to any one organization in a
twelve month period with at least 30 dates between issue dates. Each license shall be issued for
not more than three consecutive days. A temporary wine license may provide that the licensee
may contract for wine catering services with the holder of an On-Sale Intoxicating Liquor License
or the holder of a full-year on-sale intoxicating liquor license issued by another municipality.
G. Sunday On-Sale License-permits the on-sale of intoxicating liquor on Sunday.Only persons
holding an On-Sale Intoxicating Liquor License may hold a Sunday On-Sale License
1000.05 License Application;Renewal.An application for any license required by this Section or the renewal
of an existing license shall be made on forms provided by the Clerk.The provisions of Section 500 of this Code,
shall apply to all licenses required by this Section,and to the holders of such licenses,except that licenses and
renewals shall be granted or denied in accordance with Section 1000.06.All applications shall be accompanied by
the fees set forth in Section 1000.07. Every license issued under this Section shall expire at 12:01 A.M.on March
15 following its date of issuance.Renewal applications shall be submitted at least 60 days but not more than 150
days before expiration of the license.If,in the judgment of the Council as to off-sale and on-sale licenses,good and
sufficient cause for the applicant's failure to apply for a renewal within the time provided is shown,the Council,
may,if the other provisions of this Section are complied with,grant the license. In addition to the application
requirements provided in Section 500 of this Code,applicants shall also provide the following:
A. The type of license the applicant seeks;
B. A description of the type of business to be transacted on the licensed premises;
C. Proof of financial responsibility with regard to liability imposed by M.S. 340A.801 in the
manner and to the extent required by M.S. 340A.409. If the applicant claims exemption from the
-5-
41
requirements of said Statute,proof of exemption shall be established by affidavit given by the
applicant in form and substance acceptable to the Clerk;
D. All forms and information required by the Police Chief,the Minnesota Department of Public
Safety and the Minnesota Department of Revenue;
E. Any affidavits of the applicant as required by the Clerk,on forms provided by the Clerk,in
support of the application;
F. Authorization to release information obtained in connection with the application,
G. A statement signed by the applicant stating that he or she has reviewed and understands the
pertinent provisions of this Section and State law;
H. In the case of an application for a Wine License,or On-Sale Intoxicating Liquor License,the
applicant shall provide evidence satisfactory to the Clerk as to compliance with the requirements
of Subd.2 of Section 1000.12 as to the completion of an alcohol awareness program;
I. In the case of an application for a Wine License or On-Sale Intoxicating Liquor License,the
applicant shall provide evidence satisfactory to the Clerk as to compliance with the requirements
of Subd.3 of Section 1000.12 as to the percentage of food sold on the licensed premises.This
requirement shall be established by an affidavit of the licensee on a form provided by the Clerk.
The affidavit shall be given with each application for issuance or renewal on a Wine License or an
On-Sale Intoxicating Liquor License,or at other times as the Clerk may request. If the application
is for.the renewal of a Wine License or an On-Sale Intoxicating Liquor License,the affidavit shall
also include the actual percentage of gross receipts attributable to the sale of food during the
immediately preceding 12 month period. The Clerk shall require that any such affidavit be
verified and confirmed,on a form provided by the Clerk,by a Certified Public Accountant.Failure
or refusal of a licensee to give such affidavit with such application,or on request of the Clerk,or
any false statement in any such affidavit,shall be grounds for denial,suspension or revocation of
all licenses held by such licensee.
J. In the case of an application for a Temporary On-Sale 3.2 Malt Liquor License or Temporary
Wine License,the applicant shall provide evidence satisfactory to the Clerk that the applicant
complies with the requirements of Section 1000.08 as to being a qualified corporation or
organization;
K. Any other information deemed necessary by the Manager to undertake consideration of the
application.
1000.06 Consideration of Application;Public Hearing. The provisions of Section 500 of this Code shall
apply to all licenses required by Section 1000.04 and to the holders of such licenses,provided that all licenses shall
be granted or denied by the City Council and the Commissioner,if required by State law. The City Council shall
conduct a public hearing on the application for a new On-Sale Intoxicating Liquor License within a.reasonable
period following receipt of a complete application and completion of the investigation required by Section 1000.05.
A notice of the date,time,place and purpose of the hearing shall be published once in the official newspaper not less
than ten days before the date of the hearing. After hearing the oral and written views of all interested persons,the
Council shall make its decision at the same meeting or at a specified future meeting. No hearing shall be required
for the renewal or the transfer of an On-Sale Intoxicating Liquor license.
1000.07 Fees.
Subd. 1 Application Fee. The annual license application fee shall be the amount set forth in Section
615.06 of this Code. When a new Wine License or On-Sale Intoxicating Liquor License is issued for a
portion of a year,the annual license application fee shall be prorated at the rate of one twelfth of the license
fee per month or portion of a month remaining in the license year at the time of application.The annual
license application fee for a Wine License or for an On-Sale Intoxicating Liquor License may be refunded,
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42
less costs incurred by the City as determined by the Clerk,in the event that the application is withdrawn by
the applicant or denied by the Council.
Subd.2(On Sale latexieafing Liquor-Lieense Reeewal Fee.A business%4th an On Sale latexieatifig
Liquor Lieense that passes the aenual eaWlianee ebeeks,%ith no vielafiens eaff5ing a penalty of$5 00 e
greater-,under-the pfesumptive penalty pfevisiem eentained in Subseefien 1000.14,shall be eligible fOF a
Subd.-3)Refunds. A monthly pro-rata share of the annual license fee for a Wine License or an On-Sale
Intoxicating Liquor License issued pursuant to this Section may be refunded,less the cost of issuance as
determined by the Clerk,if:
A. The business permanently ceases to operate;
B. The license is transferred to anew licensee in accordance with Section 1000.13 and the City
receives a license fee for the remainder of the license term from the transferee;or
C. A premises licensed to sell wine receives an On-Sale Intoxicating Liquor License prior to the
expiration of the Wine License. In this instance,a pro-rata share of the Wine License fee may be
refunded.
Subd.4¢}[3] Investigation Fees.Upon application for a new or the transfer of an existing Wine License,
On-Sale Intoxicating Liquor License,On-Sale 3.2 Liquor License or Off-Sale 3.2 Liquor License,the
applicant shall deposit$500.00 with the City for the investigation fee. If the investigation requires an out-
of-state investigation,an additional$2,000.00 shall be deposited before further processing of the
application by the City.The Clerk may from time to time require the deposit of additional investigation
fees up to the limits provided herein before further processing of the application if the cost of investigation
exceeds the amounts previously deposited.The cost of the investigation shall be based on the expense
involved,but in no event shall it exceed$500.00 if the investigation is limited to the State or$10,000.00 if
outside the State.All deposited monies not expended on the investigation shall be refunded to the applicant.
All investigative expenses incurred in excess of the deposit shall be paid prior to consideration of the
license application by the Council. Investigation fees for license renewal shall not exceed$200.00 unless
there is a change of ownership of more than 10%cumulatively over the then existing license period.
1000.08 Persons Ineligible for License. The following restrictions apply to any applicant who is a natural
person,a general partner if the applicant is a partnership,or a corporate officer if the applicant is a corporation. No
license shall be granted to:
A. Any manufacturer,brewer,or wholesaler as defined in M.S.340A.101,or any manufacturer
of 3.2 percent malt liquor,or to any person who has a financial interest,directly or indirectly,in
such manufacturer,brewer or wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United States or any provision
of State Law or this Code with regard to the manufacture,sale or distribution of liquor.
D. Any person not eligible under M.S.340A.402 or the regulations of the Commissioner.
E. Any person who has(i)been convicted,within the five years prior,to the application for a
license,of any violation of any law of the United States,the State,or any other state or territory,or
of any local ordinance with regard to:(a)the manufacture,sale,distribution or possession for sale
or distribution of intoxicating liquor or other controlled substances as defined by State Statute,(b)
gambling,(c)theft,or(d)vice;or(ii)had an intoxicating liquor license,including a wine on-sale
license,revoked for any violation of any statutes,ordinances or regulations relating to the
manufacture,sale,distribution or possession of liquor or wine.
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43
F. Any person who has applied for or holds a federal wholesale or retail liquor dealer's special
stamp or a federal or State gambling or gaming stamp or license.
G. Any person who is an employee or elected official of the City.
H. Any person who has falsified any information given either in the application or in the process
of investigation.
I. Any person who upon renewal,has been found in violation of any provision of this Section
or applicable State Law.
J. If an individual,any person who is not a U.S.citizen or resident alien.
K. Any person who is financially indebted to a person who is disqualified under this Subd.
L. If for a Temporary On-Sale 3.2 Percent Malt Liquor License,any person who is not a
charitable,religious or other nonprofit corporation or organization in existence at least three years.
No corporation or organization shall be granted more than three such licenses in a twelve month
period and there shall be at least 30 days between the license issue dates.
M. If for a Temporary Wine License,any person who is not a charitable,religious or other
nonprofit corporation or organization in existence at least three years. No corporation or
organization shall be granted more than three such licenses in a twelve month period and there
shall be at least 30 days between the license issue dates.
1000.09 Places Ineligible for a License
Subd. 1 General Restrictions. No off-sale or on-sale license shall be granted or renewed for:
A. Any property on which taxes,assessments or other financial claims of the State,County or
City are due,delinquent or unpaid.
B. Any property on which the business is to be conducted is owned by a person who is ineligible
for a license pursuant to Section 1000.08
C. Any property located within 300 feet of a place of worship or an elementary,junior high or
senior high school having a regular course of study accredited by the State.A location which holds
a license under this Section shall not be declared ineligible for license renewal or transfer due to a
place of worship or school that was newly located in its proximity after license issuance. The
provisions of this paragraph shall not apply to Temporary On-Sale 3.2 Percent Malt Liquor
Licenses or Temporary Wine Licenses.
D. Any property where a license issued under this Section has been revoked during the preceding
year unless the issuance of the license is unanimously approved by the Council then present.
E. Any property where the conduct of the business is prohibited by Chapter 16 of this Code.
F. Any property not eligible under M.S. 340A and the regulations of the Commissioner.
G. Any property used as a sexually oriented business as defined by Section 1605 of this Code.
Subd.2 Off-Sale 3.2 Percent Malt Liquor Licenses.In addition to the requirements of Subd. 1 of this
Subsection,no Off-Sale 3.2 Percent Malt Liquor License shall be granted to any theater,recreation
establishment,public dancing place or establishment holding any on-sale license.
Subd. 3 On-Sale 3.2 Percent Malt Liquor Licenses.In addition to the requirements of Subd.l of this
Subsection,no On-Sale 3.2 Percent Malt Liquor License shall be granted for establishments other than(i)
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. 1
restaurants,(ii)golf courses,(iii)bowling centers and(iv)hotels. The provisions of this Subdivision do nc 44
apply to Temporary On-Sale 3.2 Percent Malt Liquor Licenses.
Subd.4 Wine Licenses.In addition to the requirements of Subd. 1 of this Subsection,no Wine License
shall be granted to any establishment other than a restaurant located in the Commercial District.
Subd. 5 On-Sale Intoxicating Liquor Licenses.In addition to the requirements of Subd. 1 of this
Subsection,no On-Sale Intoxicating Liquor License shall be granted to any establishment other than a
restaurant or hotel located in the Commercial District.
1000.10 General Restrictions;Conditions of Sale.
Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the licensee's place of business
and shall maintain conditions of sobriety and order.
Subd.2 Age. No wine or liquor shall be sold to any person under the State established legal drinking age,
or to an intoxicated person,directly or indirectly.
Subd.3 Under Age Workers. No person under the age of 18 shall serve or sell liquor or wine.
Subd.4 Gambling and Prostitution. No licensee shall keep,possess or operate,or permit the keeping,
possession or operation on the licensed premises,or in any room adjoining the licensed premises controlled
by the licensee,any slot machines,dice or other gambling equipment as defined in M.S.349.30,nor permit
any gambling therein,nor permit the licensed premises or any room in the same or in any adjoining
building,directly or indirectly under licensee's control,to be used as a resort for prostitutes or other
disorderly persons;provided,however,that lawful gambling may be carried on if allowed by this Code and
where allowed by a license issued pursuant to M.S.349 or this Code.
Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in any licensed place shall
be owned in whole or in part by any manufacturer or brewer,as defined in M.S. 340A,of wine or liquor.
Subd. 6 Open to Inspection. All licensed premises shall be open to inspection by any police officer or
other designated officer or employee of the City at any time there are persons within the licensed premises.
Subd. 7 Hours of Sale. The hours and days of sale shall be as set forth in M.S.340A.504. Except,
however,establishments holding a Wine License under this Section or establishments holding both an On-
Sale Intoxicating Liquor License and a Sunday On-Sale License under this Section may sell intoxicating
liquor or wine in conjunction with the sale of food between the hours of 10:00 A.M.Sundays and 1:00
A.M.on Mondays,provided that the licensee is in conformance with the Minnesota Clean Air Act.
Subd. 8 Hours of Consumption. No liquor or wine shall be consumed by any person on,in or about a
licensed premises more than 30 minutes following the time established by this Subsection for cessation of
the sale of wine or liquor.
Subd.9 No Liquor or Wine in Non-Licensed Food Establishments. Except as permitted by a license
issued pursuant to this Section,no person shall take or carry any wine or liquor into any food
establishment.
Subd. l OMixing or Sale for Mixing Prohibited. Except as permitted by a license issued pursuant to this
Section,no person shall mix with liquor"or wine or sell for the purpose of mixing with liquor or wine,any
soft drink,other liquor or beverage in any food establishment.
Subd. I I Illegal to Permit Mixing. Except as permitted by a license issued pursuant to this Section,no
person shall consume,or permit the consumption,mixing or spiking of any beverage by adding to the same
any liquor,in any building or place operated as a food establishment. The fact that any person in any food
establishment, sold any liquid or beverage to a person who thereupon and therein added to such liquid or
beverage any liquor or wine shall be prima facie evidence that such liquid or beverage was sold by such
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person for the purpose of adding liquor or wine and shall be prima facie evidence that such person and the 45
person's employer permitted the mixing or spiking of such liquid by adding wine or liquor.
Subd. 1211ottle Clubs Prohibited. Except as permitted by a license issued pursuant to this Section,
establishments or clubs that directly or indirectly allow the consumption or display of wine or liquor,or
knowingly serve any liquid for the purpose of mixing with liquor or wine,shall be prohibited. Permits for
bottle clubs issued by the Commissioner under M.S.340A.414 shall not be approved by the Council.
Subd. 13Posting of License. A license issued under this Section shall be posted in a conspicuous place in
the licensed premises.
Subd. 14Compact and Contiguous Premises. A license issued under this Section is only effective for the
compact and contiguous space specified in the approved license application.No sales or consumption of
wine or liquor shall be permitted beyond the licensed premises.The licensed premises shall not be
increased in size or seating capacity during the then license period.
Subd. 15Sobriety and Order. A licensee shall be responsible for the conduct of business being operated
and shall maintain conditions of sobriety and order.
Subd. 16Adult Entertainment Prohibited. The Findings,Purpose and Objectives of Section 1670 of the
City Code are hereby incorporated by reference. No licensee shall permit any specified sexual activities,
the presentation or display of any specified anatomical areas or the conduct of a sexually oriented business
all as defined by Section 1605 of this Code on the licensed premises or in areas adjoining the licensed
premises where such activities or the conduct of such a business can be seen by patrons of the licensed
premises.
Subd. 17State Law.All applicable provisions of State Law shall be complied with in connection with the
sale of wine and liquor.
1000.11 Special Requirements for the On-Sale of 3.2 Percent Malt Liquor. In addition to the requirements
imposed by Section 1000.10,the following special requirements apply to the on-sale of 3.2 percent malt liquor:
Subd. 1 Place of Serving and Consumption. 3.2 percent malt liquor sold pursuant to an On-Sale 3.2
Percent Malt Liquor License shall be served and consumed at tables in the dining or refreshment room on
the licensed premises and shall not be consumed or served at bars;provided,the same may be consumed or
served at the following locations:
A. At counters where food is regularly served and consumed.
B. On decks,patios and other outdoor dining areas which are adjacent to the licensed premises.
C. On grounds of a golf course.
Subd.2 Temporary Licenses. The provisions of Subd. 1 of this Section do not apply to 3.2 percent malt
liquor sold pursuant to a Temporary 3.2 Percent Malt Liquor License.
1000.12 Special Requirements for the On-Sale of Wine,Intoxicating Malt Liquor and Intoxicating Liquor.
In addition to the requirements of Section 1000.10,the following special requirements apply to the sale of wine,
intoxicating malt liquor and intoxicating liquor sold pursuant to a Wine License or and On-Sale Intoxicating Liquor
License issued in accordance with this Section:
Subd. 1 Licensed Premises. The licensed premises must:
A. Have an exclusive entrance from and exit to the exterior of the building in which the license
premises is located or to a public concourse or public lobby, and have a physical barrier separating
the licensed premises from other areas so as to prevent the passing of patrons other than through
the required entrances and exits.
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46
B. Have adequate space for the storage,preparation and handling or service of food,wine,and
liquor.
C. The premises shall not have more than 15 percent of its seating capacity located at a bar or
service counter.
Subd.2 Alcohol Awareness Training.
A. Within 30 days following the issuance of a new Wine License or a new On-Sale Intoxicating
Liquor License,not less than 75%of the employees authorized to serve or sell wine or liquor on
the licensed premises shall have completed an alcohol awareness program approved by the Police
Chief.
B. Not less than 75%of the employees authorized to serve or sell wine or liquor on the licensed
premises must complete an alcohol awareness program approved by the Police Chief within 90
days prior to an application for license renewal for a Wine License or a On-Sale Intoxicating
Liquor License.
Subd. 3 Percentage of Food Sold. Not less than 50 percent of the restaurant's or hotel's gross receipts
from the combined sale of food,non-alcoholic beverages,wine and liquor,on an annual basis,shall be
attributable to the sale of food and non-alcoholic beverages.
Subd.4 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume may be sold or
consumed on a premises holding a Wine License.
Subd. 5 Denied Sales or Consumption. No sales or consumption of wine or liquor shall be permitted
beyond the licensed premises.
Subd. 6 Container Volume Restrictions. Wine may not be sold,served or consumed in containers larger
in volume than one liter.
Subd.7 Diluting,Changing,or Tampering with Wine or Liquor Prohibited. No licensee shall sell,
offer for sale or keep for sale,wine or liquor in any original package that 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 premises by the licensee of any wine in the original package differing in composition,
alcoholic content or type from the wine 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. 8 Sales in Hotels. No sale of wine or liquor shall be made to or in guest rooms of hotels unless:
A. The rules of such hotel provide for the service of meals in guest rooms;
B. The sale of such wine and liquor is made in the manner which conforms to the requirements of
Section 1000.12;
C. Such sales is incidental to the regular service of meals to guests in their rooms;and
D. The rules of such hotel and the description,location,and number of such guest rooms are fully
set out in the license application.
1000.13 Restrictions on Transfer of License.No license shall be transferred to any person or premises by the
person or from the premises to whom and for which the license was granted,by any means whatsoever,including,
without limitation,devise or descent or involuntarily by the operation of law,without the person and premises to
whom and to which the license is to be transferred having first submitted an application containing all of the
information required in an original application,and complying with all requirements for an original license,and
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47
receiving the approval of the Council,and where required,the Commissioner. Any change in the persons named in
the original application or any change in the information in such original application shall be deemed a transfer for
the purposes of this Section. Provided,however,the following changes shall not be deemed a transfer:
A. A change in the ownership of a limited partnership comprising 10%or less cumulatively of
the limited partnership during the then license period;
B. A change in.ownership of a corporation comprising 10%or less cumulatively of the stock
owners during the then license period;or .
C. A change in one of the corporation's officers during the term of the then license. Provided,
however,the corporation shall give notice of a change in officer to the Clerk and the new officer
shall comply with all requirements of this Section and Section 500 of this Code.
1000.14 Penalties; Revocation or Suspension.
Subd. 1 Compliance Checks and Inspections. All licensed premises shall be open to inspection by the
Police Department or other authorized City official during regular business hours.At least once per year,
the City shall conduct compliance checks by engaging, (young adtdts) [persons] over the age of 18 and
less than 21 years,to enter the licensed premises to attempt to purchase intoxicating or 3.2 percent malt
liquor. (Miners) [Persons]used for the purpose of compliance checks shall be supervised by City
designated law enforcement officers or other designated City personnel. (Mi$ers) [Persons]used for
compliance checks shall not be guilty of unlawful possession of intoxicating or 3.2 percent malt liquor
when such items are obtained as a part of the compliance check. No (per) [person]used in compliance
checks shall attempt to use a false identification misrepresenting the (miaer's) [person's] age,and all
minors lawfully engaged in a compliance check shall answer all questions about the{per's}[person's]
age asked by the licensee or the licensee's employee and shall produce any identification,if any exists,for
which the (minor) [person] is asked.Nothing in this section shall prohibit compliance checks authorized
by State or Federal laws for educational,research,or training purposes,or required for the enforcement of a
particular State or Federal law.
Subd. 2 Hearing Notice for Revocation or Suspension of License. Revocation or suspension of a
license by the City Council shall be preceded by public hearing conducted in accordance with Minnesota
Statutes Section 14.57 to 14.70.The City Council may appoint a hearing examiner or may conduct a
hearing itself.The hearing notice shall be given at least 10 days prior to the hearing,include notice of the
time and place of the hearing,and state the nature of the charges against the licensee.
Subd.3 Grounds for Revocation or Suspension of License. The Council may suspend or revoke any
license for the sale of intoxicating liquor or 3.2 percent malt liquor for any of the following reasons:
A. False or misleading statements made on a license application or renewal,or failure to abide by
the commitments,promises or representations made to the City Council.
B. Violation of any special conditions under which the license was granted,including,but not
limited to,the timely payment of real estate taxes,and all other charges.
C. Violation of any Federal,State,or local law regulating the sale of intoxicating liquor,3.2
percent malt liquor,or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the licensed premises or on property
owned or controlled by the licensee adjacent to the licensed premises,unrelated to the sale of
intoxicating liquor or 3.2 percent malt liquor.
F. That the licensee had knowledge of illegal acts upon or attributable to the licensed premises,
but failed to report the same to the police.
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G. Expiration or cancellation of any required insurance,or failure to notify the City within a 48
reasonable time of changes in the term of the insurance or the carriers.
H. Failure of an establishment granted a license to exhibit satisfactory progress toward
completion of construction within 6 months from its issuance,or failure of an establishment to
operate for a period of 6 months. A hearing shall be held to determine what progress has been
made toward opening or reopening the establishment and,if satisfactory progress is not
demonstrated,the Council may revoke the license.
Subd.4 Presumptive Civil Penalties. The purpose of this Section is to establish a standard by which the
City Council determines the length of license suspensions and the propriety of revocations,and shall apply
to all premises licensed under this Chapter.These penalties are presumed to be appropriate for every case;
however,the Council may deviate in an individual case where the Council finds that there exist substantial
reasons making it more appropriate to deviate,such as,but not limited to,a licensee's efforts in
combination with the State or City to prevent the sale of alcohol to minors.When deviating from these
standards,the Council will provide written findings that support the penalty selected.
The minimum penalties for convictions or violations must be presumed as follows(unless specified,
numbers below indicate consecutive days' suspensions):
Appearance
Type of Violation 1" 2nd 3'd 4`h
A. Commission of a felony Revocation N/A N/A N/A
related to the licensed
activity
B. Sale of liquor while Revocation N/A N/A N/A
license is under suspension
C. Sale of liquor to under-age$500 6 days f 1 Q Revocation [N/A]
persons
D. Sale of liquor to $500 6 days 18 days Revocation
obviously intoxicated person
E. After hours sale of $500 6 days 18 days Revocation
liquor
F. After hours display or $500 6 days 18 days Revocation
consumption of liquor
G. Refusal to allow City $500 15 daysRevocation
inspectors or police
admissions to inspect
premises
H. Illegal gambling on $500 6 days 18 days Revocation
premises
I. Failure to take reasonable $500 6 days 18 days Revocation
steps to stop person from
leaving premises with
liquor(does not apply to
Off-Sale 3.2 Percent Malt
Liquor License)
J. Sale of intoxicating Revocation N/A N/A N/A
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49
liquor where only
license is for 3.2
percent malt liquor
The Council may impose a 3 day suspension for failure to pay the required fine on the first appearance.
Subd. 5 Multiple Violations. At a licensee's first appearance before the Council,the Court must act upon
all of the violations that have been alleged in the notice sent to the licensee.The Council in that case must
consider the presumptive penalty for each violation under the first appearance column in Subd.4 above.
The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's
discretion.
Subd. 6 Subsequent Violations. Violations occurring after the notice of hearing has been mailed,but
prior to the hearing,must be treated as a separate violation and dealt with as a second appearance before the
Council,unless the City Manager and licensee agree in writing to add the violation to the first appearance.
The same procedure applies to a second,third or fourth appearance before the Council.
Subd. 7 Subsequent Appearances. Upon a second,third or fourth appearance before the Council by the
same licensee,the Council must impose the presumptive penalty for the violation or violations giving rise
to the subsequent appearance without regard to the particular violation or violations that were the subject of
the first or prior appearance.However,the Council may consider the amount of time elapsed between
appearances as a basis for deviating from the presumptive penalty imposed by this Section.
Subd. 8 Computation of Appearances. After the first appearance,a subsequent appearance by the same
licensee will be determined as follows:
A. If the first appearance was within 18 months of the current violation,the current violation will
be treated as a second appearance.
B. If a licensee has appeared before the Council on 2 previous occasions,and the current violation
occurred within 30 months of the first appearance,the current violation will be treated as a third
appearance.
C. If a licensee has appeared before the Council on 3 previous occasions,and the current violation
occurred within 42 months of the first appearance,the current violation will be treated as a fourth
appearance.
D. Any appearance not covered by A,B,or C of this Subd. 8 will be treated as a first appearance.
Subd.9 Other Penalties. Nothing in this Section 1000.14 shall restrict or limit the authority of the
Council to suspend up to 60 days,revoke the license,or impose a civil fine not to exceed$2,000 for each
violation,to impose conditions,or impose any combination of the foregoing sanctions,or take any other
action in accordance with law;provided,that the license holder has been afforded an opportunity for a
hearing in the manner provided for in this Section 1000.14.
1000.15 [Limit on Number of On-Sale Intoxicating Liquor Licenses. At any one time there shall not be
more than three On-Sale Intoxicating Liquor Licenses issued by the City.
1000.161 Incorporation by Reference. The provisions of M.S.340A.which are referenced in this Section are
hereby adopted and incorporated by reference and made a part of this Section,including all regulations of the
Commissioner which relate to such incorporated provisions of M.S.340A.
Section 3. Section 1005 of the St.Anthony City Code is deleted in its entirety.
Section 4. This ordinance shall become effective as of the date of its publication.
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50
First Reading: February 11,2003
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St.Anthony Bulletin
-15-
51
----------------------REVISION LIST----------------------
The bracketed numbers refer to the Page and Paragraph for the start of the paragraph in both the old and the new
documents.
[3:23 3:23]Changed "license."to"license except ... the Code."
[3:28 3:28] Changed "restaurants. ... license.)"to"restaurants."
[3:47 3:46] Changed "2 On-Sale ... shall be$500."to"T'
[3:48 3:47] Changed "Subd. 3 Refunds."to"Refunds."
[3:52 3:51] Changed 114"to"3 of
[3:127 3:126] Changed "young adults"to"persons"
[3:127 3:126] Changed "liquor.Minors used" to"liquor.Persons used"
[3:127 3:126] Changed "personnel.Minors used"to"personnel.Persons used"
[3:127 3:126] Changed "No minor used"to"No person used"
[3:127 3:126] Changed "the minor's age,"to"the person's age,"
[3:127 3:126] Changed "about the ... age asked"to"about the ... age asked"
[3:127 3:126] Changed "the minor is"to"the person is"
[3:147 3:146] Changed "days 18 days Revocation"to"days Revocation"
[3:147 3:146]Changed "Revocation"to"Revocation N/A"
[3:1813:180]Changed "1000.15 Incorporation"to"1000.15 Limit ... the City."
[3:181 3:181]Changed "1000.15 Incorporation"to"1000.16 Incorporation"
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January 2003
Monthly Planner
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Dec 2002 Feb 2003 HOLIDAY
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15 16 17 18 19 20 21 9 10 11 12 13 14 15
22 23 24 25 26 27 28 16 17 18 19 20 21 22
29 30 31 23 24 25 26 27 28
5 6 7 8 9 10 11
7:00 PM NWQ 7:00 PM Public
Task Force Facilities Task
meeting Force meeting
12 13 14 15 16 17 18
Parks 7:00 PM League of 5:00 PM-8:00
Commission Regular Council Minnesota Cities PM NWQ Open
meeting has meeting House
been cancelled.
19 20 21 22 23 24 25
HOLIDAY Planning
Commission
Martin Luther meeting
King Day cancelled.
26 27 28 29 30 31
7:00 PM 9:30 AM-8:00
Regular Council PM Goal Setting
meeting
February 2003
Monthly Planner
Sunday Monda). Tuesday Wednesday Thu�sday Friday S.1u'daY
1
Jan 2003 Mar 2003
S M T W T F S S M T W T F S
1 2 3 4 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15
19 20 21 22 23 24 25 16 17 18 19 20 21 22
26 27 28 29 30 31 23 24 25 26 27 28 29
30 31
2 3 4 5 6 7 8
7:00 PM Public
Facilities Study
Group meeting
9 10 11 12 13 14 15
7:00 PM Parks 5:15 PM City
Commission Facilities tour
meeting with School
Board
7:00 PM City
Council meeting
16 17 18 19 20 21 22
5:00 PM-8:00 HOLIDAY 5:30 PM Public CHILI
PM Apache Facilities Open CONTEST 3:00
Plaza Open House PM
House Presidents'Day 7:00 PM Planning
Commission
meeting
23 24 25 26 27 28
7:00 PM City
Council meeting
7:00 PM Public
Facilities Study
Group
January 21, 2003
ain tho�uy
ills a�% FUTURE COUNCIL AGENDA ITEMS
Meeting Date Meeting Type Staff Present Items/Issues
January 30 Goal Setting-all day
February 11 Regular Ord.,re: Personnel (1st reading)
Public hearing on liquor licensing. Ord.,re: Liquor
licensing(3rd reading)
Public hearing re: Authorize street project bond sale
Letter of Understanding re: Stonehouse
Development
February 25 Regular Ord.,re: Personnel (2°d reading)
2/11 Planning Commission meeting issues