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HomeMy WebLinkAbout11/9/2010Andover Planning and Zoning Commission Meeting Agenda November 9, 2010 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes— September 14, 2010 3. PUBLIC HEARING: Consider amendment to liquor licensing requirements of City Code 3 -1 and City Code 12 -12. 4. Other Business 5. Adjournment FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - September 14, 2010 DATE: November 9, 2010 Request The Planning and Zoning Commission is asked to approve the minutes from the September 14, 2010 meeting. PLANNING AND ZONING COMMISSION MEETING — SEPTEMBER 14, 2010 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 14, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Dean Daninger, Commissioners Michael Casey, Dennis Cleveland, Lynae Gudmundson, Valerie Holthus (arrived at 7:06 p.m.) and Devon Walton (arrived at 7:05 p.m.). Commissioners absent: Commissioner Tim Kirchoff Also present: City Planner, Courtney Bednarz Others APPROVAL OFMINUTES. June 8, 2010 and August 24, 2010 Motion by Casey, seconded by Cleveland, to table the minutes of June 8, 2010 and August 24, 2010 until the next Planning Commission meeting. Motion carried on a 4- ayes, 0 -nays, 3- absent (Holthus, Kirchoff, Walton) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (10 -08) TO CONSIDER TELECOMMUNCATIONS TOWER WITHINANDOVER STATIONNORTH. Mr. Bednarz noted Clear Wireless has applied for a conditional use permit to locate a wireless internet tower and antenna array in Andover Station North between the easterly and central ballfields. Mr. Bednarz reviewed the information with the Commission. Motion by Casey, seconded by Walton, to open the public hearing. Motion carried on a 5 -ayes, 0 -nays, 2- absent ( Kirchoff, Holthus) vote. Chairperson Daninger noted there was no one in the audience except the applicant. Mr. Dave Hagen, Buell Consulting, representing Clear Wireless and Gian Pondie, Radio Frequency Engineer were at the meeting to answer questions. Commissioner Cleveland stated the plants submitted indicated the transformer was out in the open on a small pad and he wondered if there was any sense in securing it another way such as fencing. Mr. Hagen stated they did not see any need to secure the compound and are comfortable with it being there without it being fenced in. i I Regular Andover Planning and Zoning Commission Meeting Minutes —September 14, 2010 Page 2 Commissioner Walton asked if there would be any audible noise from the transformer or pole. Mr. Hagen stated there would not. Commissioner Gudmundson asked what the size of the cabinet would be. Mr. Hagen stated it was the size of a small refrigerator., Commissioner Gudmundson asked how big the tower would be. Mr. Hagen stated it would be significantly larger in diameter than the ball field light poles at nearly three feet in diameter to accommodate antennas inside the tower and future collocation by other companies. Chairperson Daninger stated he would recommend a fence being placed around the structure with a cover on it for safety reasons. His recommendation would be for an eight foot fence, matching the ball field fence and slats in the fence with some type of shrub around the fence. Chairperson Daninger asked if this was a distribution tower or point to point tower. Mr. Pondie, Clear Wireless, stated this site will have both types of antennas. Chairperson Daninger asked if they did not need to allow collocation could the pole be lower or did they need the height for their point to point distribution. Mr. Pondie stated they needed the height due to the location. Chairperson Daninger asked if this site will be a critical site and would they need 24 hour access. Mr. Pondie stated they would need to be able to access the site all the time. Chairperson Daninger asked when installation was anticipated to be done if approved. Mr. Pondie stated the normal time for installation would be between 60 and 90 days. Chairperson Daninger asked if it would be possible to get this constructed when baseball season is done. Mr. Pondie did not know when they would be able to get this installed but would bring this back for discussion. Mr. Bednarz stated the applicant is willing to work with the City on coordination of installation. Commissioner Walton asked if there would be any need for continuous lighting at this site. Mr. Pondie stated there would not be. Commissioner Gudmundson asked if this is the fifth tower in their network. Mr. Hagen stated there were initially five search areas in the City of Andover and they are putting two antenna sites on water towers, one is going into Hidden Creek Park and then they had a proposed site in the Andover Lions Park which was denied and one approved in the Shadowbrook East Park which Clear Wireless has elected not to move forward this but will probably go forward with that at some point. He thought this site was the closest site to the Lions Park location that was denied. Motion by Walton, seconded by Casey, to close the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Regular Andover Planning and Zoning Commission Meeting Minutes —September 14, 2010 Page 3 Commissioner Walton did not know if they would be able to accommodate more buildings in this area with collocation. Chairperson Daninger stated he would like to see • fence around this building to protect their equipment and the kids. He would like to see • matching fence. Motion by Casey, seconded by Gudmundson, to recommend to the City Council approval of the Conditional Use Permit request, Resolution No. , including a matching fence to enclose the Clear Wireless building and shrubs to be determined by staff. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the September 21, 2010 City Council meeting. APPROVAL OFMINUTES (CONTINUED) Motion by Casey, seconded by Cleveland, to rescind the motion tabling the minutes. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Commissioner Cleveland stated he had a correction to the June 8, 2010 minutes. Page 4, last line of the third paragraph they were talking about slats and it indicates "slates" and should be corrected. Motion by Cleveland, seconded by Gudmundson, to approve the June 8, 2010 minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 1- present ( Daninger), 1- absent (Kirchoff) vote. Motion by Casey, seconded by Holthus, to approve the August 24, 2010 minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- present (Cleveland), 1- absent (Kirchoff) vote. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Walton, seconded by Casey, to adjourn the meeting at 7:31 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. A 1685 CROSSTOWN BOULEVARD AX (763) 755 -8923- WWW CMINNESOTA 763) 755 -5100 ANDOVER.MN US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne f , SUBJECT: PUBLIC HEARING: Consider amendment to liquor licensing requirements of City Code 3 -1 and City Code 12 -12. DATE: November 9, 2010 INTRODUCTION A potential new business contacted staff about locating a restaurant with a full menu, including liquor, in a vacant restaurant building. It was determined that the city's requirements did not allow a liquor license to be issued due to the Neighborhood Business zoning of the site and the fact that it is within 1,000 feet of a school. The Council has asked the Planning Commission to hold a public hearing to review the requirements for liquor licenses and discuss whether they are too restrictive. DISCUSSION Existing Regulatory Structure In addition to the requirements of State Statute 340A, the city regulates liquor licenses several ways as shown below. City Code sections 3 -1A and 3 -1B are also attached. 1. On and off -sale liquor licenses are allowed as a conditional use in two of the four commercial districts in the city as shown below: City Code 12 -12 1 Zoning District Permitted, Conditional LB NB SC GB & Prohibited Uses Liquor licenses C I C Liquor stores, off -sale I C I C 2. The process for obtaining a liquor license is also regulated by City Code 34B which provides for investigation of the applicant, insurance requirements, annual renewal and fee, compliance with state and local health and food handling regulations, prohibition on transfer of license, and procedures for review and revocation. 3. Additionally, the City Code provides setbacks for on and off -sale liquor licenses as follows: MA-4: INELIGIBILITY FOR LICENSE: A. On -Sale License; Locations Prohibited: No on -sale license shall be granted for any place within one thousand feet (1,000') of any public or private school nor within four hundred feet (400') of any church, the measurement being from building corner to building corner. 3 -1B -4: ELIGIBILITY AND INELIGIBILITY FOR LICENSE: No license shall be granted for any place located within one - thousand feet (1,000') of any public or private school nor within four hundred feet (400') of any church, the measurement being from building corner to building corner. Comparison of Other Cities The attached table illustrates how liquor licenses are regulated by a number of other municipalities both by zoning district and with setbacks from churches and schools. Options for Discussion The Council asked the Planning Commission to have a discussion and take public input to help formulate a recommendation. Some options offered for discussion are shown below: 1. Reduce the 1,000 foot setback from schools. The attached maps show several distances in rings around the schools and churches in the city. 2. Provide an exemption in the City Code to negate the additional setback requirements from churches or schools located in commercial districts. 3. Replace the setback from churches and schools with a provision to allow review of these distances as part of the conditional use permit process similar to Coon Rapids or Ham Lake. 4. Amend the City Code to allow on -sale liquor licenses in the Neighborhood Business District. Public Notice Please note that in addition to publishing a notice in the Anoka County Union, notices were mailed to neighborhoods surrounding Neighborhood Business zones. These areas would be affected if liquor licenses were to be allowed in that zoning district. The notice included the attached information sheet as well as maps to show the areas that could be affected. Additional Discussion Item Schools are not presently defined by the City Code. The Commission may want to consider adopting a definition to apply the regulations to schools that are subject to the state mandated number of school days or something similar to eliminate confusion with �Z_ Sunday schools or other types of facilities. A definition is shown below for discussion purposes. SCHOOL — for the purposes of this ordinance school shall mean a public or private elementary, middle or high school or charter school. Council Discussion The minutes from the Council discussion are attached. The Council discussed several potential changes but wanted the Commission to have its own discussion and make a recommendation. ACTION REQUESTED The Planning Commission is asked to hold a public hearing, discuss the restrictions on liquor licenses in the city and make a recommendation to the City Council. Attachments Comparison of Other Cities Council Minutes Information Sheet from Public Notice City Code 34A and 34B Maps Res ctfu submitte , Co e /Bednarz _E Comparison of Other Cities Setback Church I School city On Sale Liquor by Zoning District NA NA Anoka B -1 B -2 B -3 B -4 Main St P P P X P P= Permitted Use 500 500 B -1 B -2 B -3 B -4 Planned C= Conditional Use feet Feet Blaine Commercial X P P C P X= Prohibited Use C -1 C -2 C -3 NC Highway Commercial NA NA Champlin Accessory to limited office C C C P uses * * Coon O NC CC GC Rapids X X C P Cl Central C3 C4 Business Office Highway Neighborhood Downtown Distr c NA NA Elk River District Commercial Commercial C X C X C Ham Lake CD1 CD2 CD3 CD4 CD5 ** ** P P P C Bs O C1 C2 C3 C4 CC Commercial/ Business NA 500 Plymouth Industrial Campus Feet C with C with C with X X restrictions restrictions P P X restrictions B2 Hl Hwy Mixed Town B1 Highway B3 10 Use/PUD Center NA NA Ramsey Business C P P P I P I varies *Coon Rapids 5 -213 Investigation of Applications and Granting Licenses. The City Clerk shall investigate all facts set out in the application, including a consideration of the building with regard to building and zoning codes and proximity to schools and churches, and shall, upon request, give opportunity to any person to be heard for or against the granting of the license. After such investigation and hearing, the City Clerk shall make a written recommendation and report to the City Council. The Council may order and conduct such additional investigation as it shall deem necessary and shall grant or deny the license in accordance with State law, the City Code, and particularly this Chapter. [Revised 5/4/04, Ordinance 1836] "Ham Lake 7- 810.12 Distance from School or Church Excepting off -sale of beer, no license shall be granted for any place that is not a reasonable distance from any school or church. In evaluating what constitutes a reasonable distance, the City Council shall take into account such factors as the effect of intervening land uses, topography or structures between the proposed location of the licensee and a school or church; anticipated traffic patterns and volumes, additional functions to be provided by this proposed licensee and the need for such functions in the community; and such other factors as the Council deems appropriate. The reasonable spacing requirement shall not apply where the beer or liquor license was in existence prior to the time of construction of the school or church building. —.Y., Regular Andover City Council Meeting Minutes — October 5, 2010 Page 4 Councilmember Bukkila asked if for some reason they were able to donate more, woui mey oc ab exceed the $35,000 for that situation. Mr. Berkowitz stated $35,0 s the max as directedt o h the Park and Recreation Commission. Mr. Dick' so stated if there was a donation outside o concrete slab the City would consider ' Councilmember Bukkila stated he this the City was hoping the Hockey Association would not come to them for mone b c s at that time the City did not have any money and now they are at the point h e there is some r�rs ' 'n the budget and it seems like the major and if it was not for benefit to the com is they are able to wrap up rojects at once i that she wo of be in favor of this. ,Od carried unanimously. �• DISCUSS SETBACK FROM SCHOOLS & CHURCHES FOR LIQUOR LICENSING REQUIREMENTS Mr. Bednarz explained a potential new business contacted staff about locating a restaurant with a full menu including liquor in a vacant restaurant building. It was determined that the city's requirements did not allow a liquor license to be issued. Mr. Bednarz reviewed the information with the Council. Councilmember Jacobson stated just changing the dimensional standards does not solve the issue because you have to go to the zoning issue. It is more than an issue in the southwest area of the City; it is an issue for the entire City. If they are not going to change the zoning, there is no sense in changing the dimensional issue. Councilmember Trude stated this has come up multiple times with shopping center tenants and she is frustrated that someone who becomes a tenant in the shopping center then can control anybody else who could potentially be a client in there and to her that is a zoning issue first and if they do not want a preschool, school or church to determine who can have liquor in a strip mall it really limits the potential tenants of a shopping center. She asked if a shopping center zoning can override the use that is in there or do they strictly look at the use. City Attorney Baumgartner thought it depended on what they wanted in there, one will control the other and if the Council is in agreement that they cannot coincide side by side then the question becomes if it is a matter of who is there first or does the Council want to take control before anyone comes in and they determine what they want to see there. He thought it might be down to the determination of what is appropriate for that particular use or what use is more appropriate for that area. Councilmember Jacobson stated he could see some starter churches and daycare centers going into strip malls which would have a negative effect on everything as far as liquor licensing. %2 Regular Andover City Council Meeting Minutes — October S, 2010 Page 5 Councilmember Jacobson did not understand why a liquor store could not be by a school. He understood the reason for a liquor store being next to a church. He wondered what the reason was for this code. Mayor Gamache stated they have a couple of commercial areas in town that have been going through hard times and he would like to see fewer regulations because he thought it would help business. He thought the thousand feet restriction was excessive. Councilmember Trude noted she has lived in other cities and has seen some of the issues come up because they have more business districts. She thought an issue with having a liquor store by a daycare or school is that some people that go in to purchase are already inebriated and people do not feel that children should see this. Another issue is that people who are of the age that can purchase alcohol will purchase it and then pass it off to people who are not of the age. She sees this as a zoning issue and if it is zoned for commercial and business then the liquor license does allow them to look at some of these things. She would not do a big change without public input. Councilmember Jacobson thought this should go before the Planning and Zoning Commission for a public hearing and review to get their recommendation to bring back to the City Council. Councilmember Bukkila agreed. Mayor Gamache did think they needed to go back to the Planning and Zoning Commission but thought they should get some Council guidance. He stated he would be in favor of changing the zoning district for liquor licenses in the neighborhood business areas for restaurants. He stated the shopping center district is not bad for restaurants since they are usually on busy corners and he would reduce the distance to be the same as churches. Councilmember Knight asked what the magic number is. Councilmember Bukkila stated if someone wants liquor bad enough they will drive anywhere to get it. Councilmember Trude stated there are policy reasons to have these areas separated and she thought the public was concerned about people who consume a lot of alcohol being near children or activities where children are at. She thought the thousand foot distance was because of the size of the lots and other cities are at 400 feet. She wondered if they should allow liquor in the shopping center districts and then it is a "tenant beware" situation for a church or school to lease at a shopping center because they choose to go into a location. Councilmember Knight asked if a liquor store was in a shopping center and a school came in would the liquor store have to leave. City Attorney Baumgartner stated they would not since the liquor store was there first and the school chose to come in after the liquor store was in there. It would be different if a school was there first. Mayor Gamache thought they needed to look at their neighborhood business areas as being suitable with a CUP for the on -sale liquor and he would also be in favor of looking at reducing the one thousand foot limit and basing it more on the distance that they have for churches. Regular Andover City Council Meeting Minutes —October S, 2010 Page 6 Councilmember Trude wondered what the City Attorney thought about the distance between churches and schools and the package stores and what the legislative intent was. City Attorney Baumgartner thought it was more perception than anything else. Councilmember Jacobson stated the last couple legislative sessions have had discussion regarding allowing grocery stores to sell liquor and how would that affect them. City Attorney Baumgartner stated it would change things and they would have to allow it but they could regulate it to an extent. Motion by Jacobson, Seconded by Bukkila, to remand this to the Planning and Zoning Commission to hold a public hearing, sending the minutes of this item to them for review. Councilmember Trude asked if the Planning Commission should look at the distance and zoning. Councilmember Jacobson stated that is what he wanted them to look at also. Councilmember Trude stated her goal would be able to recruit more restaurants that could have an on -sale license. She would not want to encourage more off -sale locations. Councilmember Jacobson stated he wanted to make sure that if something is done it will not degrade the area or areas around it. Councilmember Trude stated the whole issue of tenants in a shopping center being able to control the use troubles her and if they have an area that is strip mall zoned that would normally allow a restaurant serving liquor would not be allowed if a church or school were in there. Motion carried unanimously. OCTOBER EDA MEETING The Council issted to schedule an EDA meeting at 6:00 p.m. before tom' ctober 19, 2010 City Council meeting. Motion by Jacobson, Seconded by Knig schedule an ED - eting at 6:00 p.m. before the October 19, 2010 Council meeting. Motion ca�rrle d4prarbiously. ADMINISTRATOR REPORT �1' City Administrator Dickins n updated the Council on the administration and city activities, meeting repi ers, CIP Projects and development activity. INPUT Information Sheet N O D VE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US INFORMATION ON PUBLIC HEARING TO CONSIDER CHANGES TO LIQUOR LICENSING REQUIREMENTS The purpose of this item is to review the city's existing regulations and to determine if changes should be made. If you received this letter you are within the public hearing mailing area of a Neighborhood Business Zone. Maps showing the five areas of the city near Neighborhood Business Zones are enclosed. Currently the city regulates liquor licenses in the following ways: 1. On and off -sale Liquor licenses are allowed in two of the four commercial districts and require a conditional use permit. Conditional I Conditional Liquor stores, off-sale Not Allowed Not Allowed Use Use Note: Conditional uses require a public hearing with the Planning Commission and approval by the City Council. 2. The process for obtaining a liquor license is also regulated by City Code 3 -113 which provides for investigation of the applicant, insurance requirements, annual renewal and fee, compliance with state and local health and food handling regulations, prohibition on transfer of license, and procedures for review and revocation. 3. Additionally, both on and off -sale liquor licenses are prohibited if the building or leased space is within one thousand feet (1,000')' of any public or private school or within four hundred feet (400') of any church. The measurement being from building corner to building corner. In addition to reviewing all of the liquor licensing requirements, the following items have been specifically identified for discussion: 1. Should liquor licenses be added as a conditional use in the Neighborhood Business Zoning District? 2. Should the 1,000 foot setback from schools be reduced? Zoning District Limited Neighborhood Shopping General Business Business Center Business LB NB SC GB Conditional Conditional Liquor licenses Not Allowed Not Allowed Use Use Conditional I Conditional Liquor stores, off-sale Not Allowed Not Allowed Use Use Note: Conditional uses require a public hearing with the Planning Commission and approval by the City Council. 2. The process for obtaining a liquor license is also regulated by City Code 3 -113 which provides for investigation of the applicant, insurance requirements, annual renewal and fee, compliance with state and local health and food handling regulations, prohibition on transfer of license, and procedures for review and revocation. 3. Additionally, both on and off -sale liquor licenses are prohibited if the building or leased space is within one thousand feet (1,000')' of any public or private school or within four hundred feet (400') of any church. The measurement being from building corner to building corner. In addition to reviewing all of the liquor licensing requirements, the following items have been specifically identified for discussion: 1. Should liquor licenses be added as a conditional use in the Neighborhood Business Zoning District? 2. Should the 1,000 foot setback from schools be reduced? CHAPTER 1 LIQUOR CONTROL ARTICLE A. 3.2 PERCENT MALT LIQUOR SECTION: 3 -1A- 1: State Law Adopted 3 -1A- 2: 3 -1A- 3: Definitions License Required; Types Of Licenses 3 -1A- 4: Ineligibility For License 3 -1A- 5: Application For License 3 -1A- 6: Insurance Requirements 3 -1A- 7: Payment Of License Fee; Refunds 3 -1A- 8: Investigation Of Applicant; Grant Of License 3 -1A- 9: Term Of License; Renewals 3- 1A -10: Non - transferability Of License Or Location 3- 1A -11: Temporary On -Sale License 3- 1A -12: Compliance Checks And Inspections 3- 1A -13: Hours Of Sale Suspension /Revocation /Civil Penalty 3- 1A -14: 3- 1A -15: Violation; Penalty 3 -1A -1: STATE LAW ADOPTED: The provisions of Minnesota Statutes Chapter 340A, commonly known as the Liquor Act, are adopted and made part of this article as if set out in full. Whenever there is an inconsistency between the provisions of Minnesota Statutes Chapter 340A and the provisions of this article, the more restrictive shall govern. (Amended Ord. 213, 5 -6 -1997) 3 -1A -2: DEFINITIONS: In addition to the definitions set forth in Minnesota Statutes Chapter 340A, the following words are defined for the purpose of this article: BONA FIDE CLUB: An incorporated organization for social or business purposes or for intellectual improvement or for the promotion of sports, where the serving of 3.2 percent malt liquor is incidental to and not the major purpose of the club. PACKAGE: A sealed or corked container of alcoholic beverage. PERSON: An individual, partnership, association, corporation, or club. _y PUBLIC PROPERTY: Land owned by a municipal, county, state or other governmental unit. 3.2 PERCENT MALT LIQUOR: Any beer, ale, or other beverage made from malt by fermentation and containing not less than one - half of one percent (0.5 %) alcohol by volume. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -3: LICENSE REQUIRED; TYPES OF LICENSES: No person (with the exception of wholesalers and manufacturers, to the extent authorized by law) shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, within the city any 3.2 percent malt liquor without first having received a 3.2 percent malt liquor license. The City Council may issue the following types of 3.2 percent malt liquor licenses: A. On -Sale Licenses: Retail on sale licenses obtained pursuant to this article shall permit the licensee to sell 3.2 percent malt liquors for consumption on the licensed premises and shall be issued only to restaurants, hotels, bona fide clubs and establishments used exclusively for the sale of 3.2 malt liquors with the incidental sale of tobacco and soft drinks. B. Off -Sale Licenses: Retail off -sale licenses obtained pursuant to this article shall permit the licensee to sell 3.2 percent malt liquors in packages for consumption off the premises only. C. Temporary On -Sale Licenses: Temporary on -sale licenses obtained pursuant to this article shall be issued to a bona fide club or charitable, religious or nonprofit organization for a specified time period. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -4: INELIGIBILITY FOR LICENSE: A. On -Sale License; Locations Prohibited: No on -sale license shall be granted for any place within one thousand feet (1,000') of any public or private school nor within four hundred feet (400') of any church, the measurement being from building corner to building corner. (Ord. 301, 10 -5 -2004) B. Delinquent Taxes Or Assessments: No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the city are delinquent and unpaid. (Amended Ord. 213, 5 -6 -1997) -le - 3 -1A -5: APPLICATION FOR LICENSE: A. Information Required: Any person desiring a license to sell 3.2 percent malt liquor (on -sale or off -sale) shall make application for a license to the City Clerk. The application made to the city shall include the following: (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 1. Name of applicant and date of birth; 2. Representations as to the applicant's character; 3. The business in connection with which the proposed licensee will operate and its location; 4. Whether the.applicant is the owner and operator of the business and if not, who is; 5. Whether the applicant has ever used or been known by a name other than his /her name; 6. Kind, name and location of every business or occupation applicant or spouse has been engaged in during the preceding ten (10) years; and 7. Other such information as the City Council may require from time to time. B. False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. C. Changes In Information: Each licensee shall have the continuing duty to properly notify the City Clerk of any change in the information or facts required to be furnished on the application for a license. This duty shall continue throughout the period of the license, and failure to comply with this section shall constitute cause for revocation or suspension of the license. (Amended Ord. 213, 5 -6 -1997) 3 -1A -6: INSURANCE REQUIREMENTS: A. Every application for a 3.2 percent malt liquor license shall be accompanied by evidence of adequate financial responsibility for liability in a form permitted by Minnesota Statutes Section 340A.409, Subdivision 1. This provision shall not apply to establishments exempt from financial responsibility requirements by Minnesota Statutes Section 340A.409, Subdivision 4. B. A liability insurance policy shall name the City as an additional insured. The limits of such policy shall comply with the liability limits as stated in Minnesota Statutes. C. The liability policy must provide that it may not be canceled for any cause either by the insured or the insurance company without first giving ten (10) days' notice to the city, in writing, of that intention. The policy must also provide that any amount paid by the insurance company as a result of a claim will not reduce the coverage available to pay subsequent claims. D. No person may operate any business or conduct any activities requiring a 3.2 percent malt liquor license from the city without having in effect, and evidence on file with the city of, the financial responsibility required by this section. The failure to have the financial responsibility in effect and /or on file shall be grounds for immediate revocation or suspension of a license. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -7: PAYMENT OF LICENSE FEE; REFUNDS: Each application for a license shall be accompanied with a receipt from the City Finance Director/Treasurer for payment in full of the required fee for the license'. All fees shall be paid into the General Fund. Upon rejection of any application for a license, the City Finance Director/Treasurer shall refund the amount paid. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -8: INVESTIGATION OF APPLICANT; GRANT OF LICENSE: No 3.2 percent malt liquor license, except temporary licenses, shall be issued until the City Clerk has conducted an investigation of the representatives set forth in the application. All applicants shall cooperate with this investigation. Any false statement or material omission made by the applicant during the course of the investigation shall be grounds for denying or revoking the license. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -9: TERM OF LICENSE; RENEWALS: All 3.2 percent malt liquor licenses shall be issued for a period of one year and shall expire on December 31 each year. The fees for licenses are established by ordinance and shall not be prorated 1. The application for renewal of any existing license shall be made at least ninety -(90) days prior to the date of the expiration of the license. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3- 1A -10: NON - TRANSFERABILITY OF LICENSE OR LOCATION: Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council. (Amended Ord. 213, 5 -6 -1997) ' See section 1 -7 -3 of this code for fees. ' See subsection 1 -7 -3A of this code. • 12. 3- 1A -11: TEMPORARY ON SALE LICENSE: A. Conditions Of License: The City Council may issue temporary on -sale 3.2 percent malt liquor licenses to a bona fide club or charitable, religious, or nonprofit organization. These licenses are subject to the following: 1. Application: Submission of a completed application to the City Clerk at least thirty -(30) days in advance of the event for which the license is requested. 2. Insurance: Submission of evidence of insurance, with the same coverage limits and provisions as are required for the issuance of an on -sale or off -sale license for an establishment with sales of 3.2 percent malt liquor, of ten thousand dollars ($10,000.00) or more per year. 3. License Fee: Payment of license fee as established by ordinance'. 4. Emergency Contacts: Submission of a list of responsible persons who may be contacted immediately in case of an emergency. Those persons must be residents of the Twin Cities metropolitan area as defined by Minnesota Statutes Section 473.121, Subdivision 2. At least one person of the listed persons must be present on the licensed premises during all hours of sale. 5. Other Conditions: The City Council may impose other reasonable conditions. B. Term Of License: Temporary on -sale 3.2 percent malt liquor licenses may be issued for a specified period of time, not to exceed three (3) consecutive days, unless the approval for an extended time period is granted by the City Council. C. Public Location: These licenses may be issued for an event to take place on public property. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3- 1A -12: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by authorized city officials during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging underage youth to enter the licensed premises to attempt to purchase alcoholic beverages. No minor or underage adult used in compliance checks shall attempt to use a false identification or theatrical makeup that misrepresents his or her age. All minors and underage adults lawfully engaged in a compliance check shall answer all questions about their age truthfully when asked by the licensee and shall produce any identification which they are asked to produce. In all instances the minors or underage adults shall be accompanied by authorized city officials to the location of the compliance check. (Amended Ord. 213, 5 -6 -1997) 3- 1A -13: HOURS OF SALE: No sale of 3.2 percent malt liquor shall be made between the hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. Monday through Saturday. Neither shall any sale of such liquor be made on Sunday between the hours of one o'clock (1:00) A.M. and twelve o'clock (12:00) noon. (Ord. 2138, 7 -1 -2003) A. Sales After One O'Clock A.M.; Special License: 1. State Permit Required: No licensee may sell 3.2 percent malt liquor between the hours of one o'clock (1:00) A.M. and two o'clock (2:00) A.M. unless the licensee has obtained a permit from the Commissioner pursuant to Minnesota Statutes Section 340A.504, Subdivision 7. 2. Days Permitted: Two o'clock (2:00) A.M. closing licenses shall be issued only to allow sales until two o'clock (2:00) A.M. o.n Fridays, Saturdays, Sundays, Thanksgiving Day, July 5 and New Year's Day. 3. Service Of Food: On -sale licensees shall be required to offer the licensee's normal food service to its customers until one o'clock (1:00) A.M. (Ord. 296,7-20-2004) 3- lA -14: SUSPENSION /REVOCATION /CIVIL PENALTY: The City Council may either suspend for up to sixty (60) days or revoke any 3.2 percent malt liquor license or impose a civil fine not to exceed two thousand dollars ($2,000.00) for each violation upon finding that the licensee or agent or employee of the licensee has failed to comply with any applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes Sections 14.57 to 14.69. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code; Ord. 213B, 7 -1- 2003) In addition to the remedies and penalties set forth in this article, in the event an establishment fails an alcohol compliance check, the City Council shall levy a penalty against the establishment. Penalties are as listed in Section 1 -7 -3 of this code. Said penalty shall be paid to the City Treasurer within ten (10) days of notification of the penalty. (Ord. 21313, 7 -1 -2003) 3- 1A -15: VIOLATION; PENALTY: Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. Any fine or sentence imposed shall not affect the right of the city to suspend or revoke the license of the licensee as the City Council deems appropriate. (Amended Ord. 213, 5 -6 -1997; amd. Ord. 21313, 7 -1- 2003) _ /y- CHAPTER 1 LIQUOR CONTROL ARTICLE B. INTOXICATING LIQUOR SECTION: 3-113- 1: State Law Adopted 3-113- 2: Definitions 3-113- 3: License And Permit Required 3-113- 4: Eligibility And Ineligibility For License 3 -113- 5: Application For License Or Permit 3-113- 6: Financial Responsibility 3-113- 7: License And Permit Fee 3-113- 8: Types Of Licenses And Permits; Exemptions 3-113- 9: Investigation Of Applicant; Grant Or Denial License 3 -1 B -10: Expiration Of Licenses Arid Permits; Renewals 3 -1 B -11: Non- transferability Of License 3- 1B -12: Conditions Of License And Permit 3- 1B -13: Sunday Sales 3 -1 B -14: 3 -1 B -15: Minors Sales To Certain Persons Prohibited 3- 1B -16: Compliance Checks And Inspections 3- 1B -17: Suspension Or Revocation Of License; Penalties 3 -113-1: STATE LAW ADOPTED: The provisions of Minnesota Statutes Chapter 340A, commonly known as the Liquor Act, are adopted and made part of this article as if set out in full. Whenever there is an inconsistency between the provisions of Minnesota Statutes Chapter 340A and the provisions of this article, the more restrictive shall govern. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -2: DEFINITIONS: LICENSE: Shall also include a permit for consumption and display, unless otherwise indicated. LICENSEE: Any person to whom a license has been issued under the provisions of this article. MINOR: Any person under the age established by Minnesota Statutes Section 340A.503. _4r PERSON: Any individual, partnership, association, corporation, or club. RESTAURANT: Shall have the meaning given to the term by Minnesota Statutes Section 340A.101, Subdivision 25; except, that these establishments shall have facilities for seating not fewer than one hundred (100) guests at one time for on -sale intoxicating liquor licenses. SALE AND PURCHASE: Include all barters, gifts, sales and any other means used to obtain or furnish alcoholic beverages. (Amended Ord. 235, 8 -5 -1997) 3-113-3: LICENSE AND PERMIT REQUIRED: A. License: Except as provided below, no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the appropriate license from the city. B. Permit: No person who does not hold an on -sale intoxicating liquor license may directly or indirectly allow the consumption and display of intoxicating liquor or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the city. (Amended Ord. 235, 8 -5 -1997) . 3-113-4: ELIGIBILITY AND INELIGIBILITY FOR LICENSE: A. A license shall be issued only to a person who is: 1. Eligible for a license under Minnesota Statutes Section 340A.402; and 2. A proprietor of the establishment for which the license is sought. B. No license shall be issued to a person who is: 1. Ineligible under state law; or 2. Not the real party in interest or beneficial owner of the business operated under the license. C. No license shall be issued for any place or any business ineligible for a license under state law. D axes, assessments oar other financial operation claims of the city are delinquent and unpaid. E. 1. No on -sale intoxicating liquor or on -sale wine license shall be issued unless the applicant makes a bona fide estimation that at least fifty percent (50 %) of the gross receipts of the establishment during the first year of business will be attributable to the sale of food. Each on -sale intoxicating liquor or on -sale wine licensee shall have the continuing obligation to have at least fifty percent (50 %) of gross receipts from the establishment during the preceding business year attributable to the sale of food. For the purpose of this requirement, establishment shall include the food and beverage portion of a multi -serve establishment. Financial records for food and beverage portion must be maintained separately from the records of the remainder of the establishment. 2. For the purpose of this section, sale of food shall include gross receipts attributable to the sale of food items, soft drinks and nonalcoholic beverages. It shall not include any portion of gross receipts attributable to the nonalcoholic components of plain or mixed alcoholic beverages such as ice, soft drink mixes or other mixes. 3. The City Council may require the production of such documents or information including, but not limited to, books, records, audited financial statements or pro forma financial statements as it deems necessary or . convenient to enforce these provisions. The City Council may also obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records. (Amended Ord. 235, 8 -5 -1997) 4. In addition to other remedies that it may have available, the City Council may place the license of any on -sale intoxicating liquor or on -sale wine licensee on probationary status for up to one year when the sale of food is reported, or found to be, less than fifty percent (50 %) of gross receipts for any business year. During the probationary period, the licensee shall prepare any plans and reports, participate in any required meetings, and take other action that the City Council may require to increase the sale of food. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) F. No license shall be granted for any place located within one feet 4' (1,000') of any public or private school nor within four hundred feet (400') of any church, the measurement being from building corner to building f' corner. (Ord. 301, 10 -5 -2004) - 3 -1 B -5: APPLICATION FOR LICENSE OR PERMIT: ,I?- A. Information Required: Every person desiring a license or consumption or display permit under this article shall file with the City Clerk a verified written application in the form prescribed and approved by the Commissioner of Public Safety of the state. In addition to the information required on the application form prescribed and approved by the Commissioner of Public Safety and information required by any other officer or office of the state, the application made to the city shall include the following: 1. Representations as to the applicant's character; 2. The business in connection with which the proposed licensee will operate; 3. Whether the applicant is the owner and operator of the business and if not, who is; 4. Whether the applicant has ever used or been known by a name other than his /her name, and if so, what was the name, or names, and information concerning dates and places where used; 5. Whether the applicant is married or single. If married, the true name, place and date of birth and street address of applicant's spouse; 6. Street address at which applicant and spouse have lived during the preceding ten (10) years; 7. Kind, name and location of every business or occupation applicant or spouse has been engaged in during the preceding ten (10) years; 8. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten (10) years; 9. Whether the applicant or spouse has ever been convicted of a violation of any state law or local ordinance, other than a nonalcohol related traffic offense. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had; and 10. Whether the applicant or spouse, or parent, brother, sister or child of either of them, has ever been engaged as an employee in operating a saloon, hotel, restaurant, cafe, tavern or other business of similar nature. If so, applicant shall furnish information as to the time, place and length of time. 11. Whether the applicant has ever been in military service. If so, the applicant shall, upon request, exhibit all discharges. 12. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing alcoholic beverages and who is nearer in kin to the applicant or spouse than second cousin, whether of the whole or half - blood, computed by the rules of civil law, or who is brother -in -law or sister -in -law of the applicant or spouse. 13. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant as above. A managing partner or partners shall be designated. The interest of each partner or partners in the business shall be submitted with the application, and if the partnership is required to file a certificate as to trade name under the provisions of Minnesota Statutes Chapter 333, a copy of the certificate certified by the Clerk of District Court shall be attached to the application. 14. If the applicant is a corporation or other organization, the applicant shall submit the following: a. Name and, if incorporated, the state of incorporation. b. A true copy of the certificate of incorporation, articles of incorporation or association agreements. c. The name of the manager or proprietor or other agent in charge of or to.be in charge of the premises to be licensed, giving all information about said person as is required in the case of a single applicant. d. A list of all persons who, single or together with their spouse or a parent, brother, sister or child of either of them, own or control an interest in said corporation or association in excess of five percent (5 %) or who are officers of said corporation or association, together with their addresses and all information as is required for a single applicant. 15. The floor number and street number where the sale of alcoholic beverages is to be conducted and the rooms where the beverages are to be sold or consumed. An applicant for an on -sale license shall submit a floor plan of the dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of the rooms. 16. The amount of the investment that the applicant has in the business, land, building, premises, fixtures, furniture, or stock in trade, and proof of the source of the money. Whenever the application for an on sale license or for a transfer thereof is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of the preliminary plans showing the design of the proposed premises to be licensed. If the plans are on file with the city, no further plans need to be filed. 17. A list of responsible persons, including the names of owners, managers and assistant managers, who may be notified or contacted by the state or city employees in case of emergency. 18. Other information that the City Council deems appropriate. B. False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. C. Changes In Information: Each licensee shall have the continuing duty to properly notify the City Clerk of any changes in the information or facts required to be furnished on the license application. This duty shall continue throughout the period of the license, and failure to comply with this section shall constitute cause for revocation or suspension of the license. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -6: FINANCIAL RESPONSIBILITY: A. Financial Responsibility Required: Every application for a license shall be accompanied by evidence of adequate financial responsibility for liability provided as follows: 1. General Liability Insurance Policy: A liability insurance policy which shall name the City of Andover as an additional insured and shall provide for the minimum coverage as stated in Minnesota Statutes Section 466.04. 2. Liquor Liability Insurance Policy: a. A liability insurance policy imposed by Minnesota Statutes Section 340A.409 which shall name the City of Andover as an additional insured and shall provide for the following minimum coverage: fifty thousand dollars ($50,000.00) for bodily injury to any. one person in any one occurrence; one hundred thousand dollars ($100,000.00) for bodily injury to two (2) or more persons in any one occurrence; and ten thousand dollars ($10,000.00) for injury to or destruction of property of others in .any one occurrence; fifty thousand dollars ($50,000.00) for loss of means of support of any one person in any one occurrence; and one hundred thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in any one occurrence. b. This subsection does not prohibit an insurer from providing the coverage required by this subsection in combination with other insurance coverage. 3. Additional Forms Of Proving Financial Responsibility: The applicant or licensee may substitute one of the following as proof of financial responsibility to the requirements of Subsection A2 of this section: a. A bond of a surety company with minimum coverages as provided in Subsection A2 of this section. b. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer one hundred thousand dollars ($100,000.00) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of one hundred thousand dollars ($100,000.00). B. Exemptions: This section does not apply to establishments exempt from financial responsibility requirements by Minnesota Statutes Section 340A.409, Subdivision 4. C. Cancellation: The liability insurance policy, bond or certificate of the State Treasurer required above shall provide that it may not be canceled for any cause, except for nonpayment of premium, by the licensee, insurance company, bond company, or State Treasurer without first giving thirty (30) days' notice to the city in writing of the intention to cancel it. A ten (10) day written notice of cancellation shall be required for nonpayment of premium by the canceling party. Such notices must be addressed to the City Clerk. D. Violation; Penalty: No person shall operate any business or conduct any activities requiring a liquor license from the city without having in effect, and evidence on file with the city, the financial responsibility required by this section. Failure to have the financial responsibility in effect and /or on file shall be grounds for immediate revocation or suspension of a license. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) -Z /'. 3 -1 B -7: LICENSE AND PERMIT FEE: Every applicant for a license or consumption and display permit shall pay to the city a fee set forth by ordinance. This fee shall be for the purpose of conducting a preliminary background and financial investigation of the applicant. If the City Council believes that the public interest so warrants, it may require a similar investigation at the time of renewal of any license. Fees for licenses issued during the license year shall be prorated according to the number of months remaining in the year. For this purpose, an unexpired fraction of a month shall be counted as a whole month which shall have elapsed. No refund of any fee shall be made except as authorized by statute. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1B -8: TYPES OF LICENSES AND PERMITS; EXEMPTIONS: A. Types Of Licenses And Permits: The City Council may grant the following types of intoxicating liquor licenses: 1. On -Sale Licenses: On -sale licenses may be issued only to hotels, clubs, and restaurants. A license shall be issued only in conjunction with the serving of food and to establishments that have facilities for serving at least one hundred (100) guests at one time. 2. On -Sale Wine Licenses: On -sale wine licenses may be issued to restaurants for the sale of wine not exceeding fourteen percent (14 %) alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. 3. Off -Sale Licenses: Off -sale licenses may be issued only to exclusive liquor stores and shall permit off -sale of intoxicating liquor and 3.2 percent malt liquor. As an incident to these sales, ice, soft drinks and all forms of tobacco may also be sold. The city shall issue a limited number of off -sale licenses based on population. The number of licenses shall be limited to one for each six thousand (6,000) residents, based on current estimated population. 4. Sunday Sales: Sunday sales licenses may be issued only to a hotel or restaurant to which an on -sale license has been issued. No Sunday sales license is needed for on -sale wine licenses. Except in the case of on -sale wine licenses, no Sunday sales of intoxicating liquor shall be made without a license for Sunday sales. 5. Consumption And Display Permit: A consumption and display permit may be issued to a bottle club which complies with the requirements of Minnesota Statutes Section 340A.414 and which has obtained a permit from the Commissioner of Public Safety. No bottle club may operate in the city without first obtaining a permit from the city. B. Exemptions: 1. Any person holding an on -sale intoxicating liquor license may sell 3.2 percent malt liquor at on -sale without obtaining a 3.2 percent malt liquor license as required by the city. 1 See subsection 1 -7 -3A of this code. -,/z- 2. Any person holding an off -sale intoxicating liquor license may sell 3.2 percent malt liquor at off -sale without obtaining a 3.2 percent malt liquor license as required by the city. 3. A person holding an on -sale wine license who is also licensed to sell 3.2 percent malt liquor at on -sale, and whose gross receipts are at least sixty percent (60 %) attributable to the sale of food, may sell intoxicating liquor at on -sale without an additional on -sale license. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -9: INVESTIGATION OF APPLICANT; GRANT OR DENIAL OF LICENSE: A. All applications for a license shall be referred to the Anoka County Sheriff's Office and to other City Departments as the City Clerk shall deem necessary for verification and investigation of the facts set forth in the application. The Anoka County Sheriff's Office shall cause to be made such investigation of the information requested in Title 3, Chapter 3 -1 B -5 as shall be necessary and shall make a written recommendation and report to the City Council which shall include a list of all violations of Federal or State Law or Municipal ordinance. The City Council may order and conduct such additional investigation as it shall deem necessary. (Amd. Ord. 368, 4- 15 -08) B. Issuance Of License; Hearing Required: No license shall be issued until the City . Council has held a public hearing in accordance with the following: 1. For all licenses and consumption and display permits, a public hearing shall be held at a City Council meeting. All property owners and occupants located within three hundred fifty feet (350') of the proposed location shall be notified at least ten (10) days prior to such hearing. 2. At the public hearing, all persons interested in the matter shall be heard. No hearing shall be required for a renewal of a license, but the City Council may, at its option, hold a public hearing. (Amended Ord. 235, 8 -5 -1997) C. Grant Or Denial Of License: After investigation and hearing, the City Council shall, at its discretion, grant or deny the application. Each application shall require a majority vote by the City Council for approval. No on -sale wine license, off -sale license, club on -sale license, or consumption and display permit shall become effective until it, together with the security furnished by the applicant, has been approved by the Commissioner of Public Safety. Within ten (10) days of issuing an on -sale license, the city shall submit to the Commissioner of Public Safety the full name and address of each person granted a license, the effective date of the license, the expiration date of the license, and the name under which the licensee will conduct the business. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -10: EXPIRATION OF LICENSES AND PERMITS; RENEWALS: Each license, except consumption and display permits, shall expire on December 31 of the year in which it is issued. Consumption and display permits shall expire on March 31 of each year. The application for the renewal of any existing license shall be made at least ninety- (90) days prior to the date of the expiration of the license and shall be made on the form provided by the City Clerk. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -11: NONTRANSFERABILITY OF LICENSE: Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without application to the City Council in the same manner as an application for a new license. Transfer of twenty five percent (25 %) or more of the stock of a corporation or of a controlling interest thereof, whichever is less, shall be deemed a transfer of the license of a corporate licensee. If the licensee is a corporation which is wholly owned by another corporation, the same provisions about the transfer of a stock or a controlling interest shall apply to that parent corporation, any second parent corporation which wholly owns the parent corporation, and all other similarly situated parent corporations up through the chain of ownership. Transfer of this amount of stock without prior City Council approval is grounds for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining City Council approval shall be a separate violation of this article. (Amended Ord. 235, 8 -5 -1997) 3-113- 12: CONDITIONS OF LICENSE AND PERMIT: Every license is subject to the following conditions, all other provisions of this article, and any other applicable regulations, or state law: A. Responsibility And Liability Of Licensee: Every licensee is responsible for the conduct of his or her place of business and the conditions of sobriety and order in it. The act of any employee of the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this article equally with the employee, except criminal penalties. B. Display Of License And Permit: Every license to sell alcoholic beverages and permit for consumption and display must be posted in a conspicuous place in the premises for which it is used. C. Right Of Entry: Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee at reasonable hours without a warrant. D. Certain Federal Stamps Prohibited: No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. (Amended Ord. 235, 8 -5 -1997) E. Hours Of Sales: No sale of intoxicating liquor for consumption on the licensed premises (on -sale) may be made: 1) between one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. on the days of Monday through Saturday; or 2) after one o'clock (1:00) A.M. on Sundays except as authorized by an approved Sunday on -sale liquor license. (Ord. ,235D, 7 -1 -2003) 1. Sales After One O'Clock A.M.; Special License: a. State Permit Required: No licensee may sell intoxicating liquor between the hours of one o'clock (1:00) A.M. and two o'clock (2:00) A.M. unless the licensee has obtained a permit from the Commissioner pursuant to Minnesota Statutes Section -Z,V- 340A.504, Subdivision 7. b. Days Permitted: Two o'clock (2:00) A.M. closing licenses shall be issued only to allow sales until two o'clock (2:00) A.M. on Fridays, Saturdays, Sundays, Thanksgiving Day, July 5 and New Year's Day. c. Service Of Food: On -sale licensees shall be required to offer the licensee's normal food service to its customers until one o'clock (1:00) A.M. (Ord. 296, 7 -20- 2004) F. Consumption And Presence After Hours: No person shall consume any intoxicating liquor or 3.2 percent malt liquor on any licensed premises more than thirty (30) minutes following the time established by law for cessation of the sale of liquor. No person, except an employee of the licensed establishment, shall remain on the premises or site more than thirty -(30) minutes following the time established by law for cessation of the sale of liquor. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) G. Possession And Consumption In Certain Areas Of Premises: No person shall possess open containers of alcoholic beverages or consume alcoholic beverages on the premises under the licensee's control outside of the licensed structure or in any area of the licensed premises which was not designated for these activities in the license application. H. Death Of Licensee: In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed ninety (90) days after the death of the licensee. I. Gambling: The licensee shall not keep, possess, or operate or permit the keeping, possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice or any gambling device or apparatus, 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 its control, to be used for any illegal purpose. Notwithstanding the above, gambling licensed and permitted by the Minnesota Charitable Gambling Board is allowed, and sales sponsored by the Minnesota State Lottery may be made at any licensed establishment. J. On -Sale And On -Sale Wine Licenses: 1. Report Of Premises Changes: Persons holding on -sale intoxicating liquor or on- sale wine licenses, in addition to being subject to the requirements of this article, shall report any internal change to the licensed premises which materially enlarges, expands, reconfigures, or alters the size of the area connected with the consumption of liquor or the type of service offered by the establishment, prior to the beginning of work. This report shall be made to the City Clerk for review by the City Council and may result in altering the terms under which the license is granted. No work shall be done nor city permits issued for the work until the change is approved by the City Council. Each day the licensee operates under the license after beginning construction of the changes and before obtaining City Council approval shall constitute a separate violation of this article, resulting in a mandatory minimum civil offense of one hundred dollars ($100.00) per day. 2' 2. Health And Food Handling Requirements: Each on -sale and on -sale wine licensee shall have the continuing obligation to comply with all state and local health and food handling regulations. At the time of application for any new or renewed license, the City Council may review (if deemed necessary) the establishment's health and food handling inspection results. In addition to other remedies that it may have available, the City Council may place the license of any on -sale intoxicating liquor or on -sale wine licensee on probationary status for up to one year when inspections reveal the establishment has not achieved passing scores. During the probationary period, the licensee shall take such action as may be required to achieve passing scores, and shall be subject to subsequent inspections for compliance, and shall be subject to other conditions which the City Council may impose. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) K. No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, feet, or body. Team sports in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball are not included among activities prohibited by this section. (Amended 9 -5 -06, Ord. 332A) 3 -1 B -13: SUNDAY SALES: A. Restrictions: On -sale Sunday liquor licenses shall be issued only to hotels, clubs, and restaurants which hold an on -sale intoxicating liquor license only in conjunction with the serving of food and which have facilities for serving at least one hundred (100) guests at one time. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) B. Hours: The hours of the sale of intoxicating liquor shall be between ten o'clock (10:00) A.M. on Sundays and one o'clock (1:00) A.M. on Mondays. C. Application For License: An establishment serving intoxicating liquor on Sunday must obtain a Sunday on -sale liquor license from the city in the same manner as applications to sell intoxicating liquor. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -14: MINORS: A. Presence On Premises For Purchase Or Consumption: It shall be unlawful for any minor to enter any premises licensed for the retail sale of liquor for the purpose of purchasing or having served or delivered to him or her any liquor or to consume any liquor, purchase or attempt to purchase or have another purchase for him or her any intoxicating liquor. B. False Representation: It shall be unlawful for any person to misrepresent or misstate his or her age or identity, or the age or identity of any other person, for the purpose of inducing any licensee or any employee of any licensee to sell, serve or deliver any liquor to a minor. _Z= C. Possession: It shall be unlawful for a minor to have in his or her possession any liquor with intent to consume the same at a place other than the household of his or her parent or guardian. Possession of liquor at a place other than the household of the the same ata place other dthan the lhousehold facie of his or her me her pa ent or guardian. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -15: SALES TO CERTAIN PERSONS PROHIBITED: It shall be unlawful for any person to sell, give, barter, furnish, deliver or dispose of, in any manner, either directly or indirectly, any liquor in any quantity, to any minor person, to any intoxicated person, or to any person to whom this is prohibited by Minnesota Statutes Section 340A.503, Subdivision 2. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -16: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by authorized city officials during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging underage youth to enter the licensed premises to attempt to purchase alcoholic beverages. No minor or underage adult used in compliance checks shall attempt to use a false identification or theatrical makeup that misrepresents his or her age. All minors and underage adults lawfully engaged in a compliance check shall answer all questions about their age truthfully when asked by the licensee and shall produce any identification which they are asked to produce. In all instances the minors or underage adults shall be accompanied by authorized city officials to the location of the compliance check. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -17: SUSPENSION OR REVOCATION OF LICENSE; PENALTIES: A. The City Council may either suspend for up to sixty (60) days or revoke any liquor license or impose a civil fine not to exceed two thousand dollars ($2,000.00) for each violation upon a finding that the licensee an aget regulation employee r oof the e. licensee has failed to comply with any applicable No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes Sections 14.57 to 14.69. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) B. Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. Any fine or sentence imposed shall not affect the right of the city to suspend or revoke the license of the licensee as the City Council deems appropriate. C. In addition to the remedies and penalties set forth in this article in the event an establishment fails an alcohol compliance check the City Council shall levy a penalty against the establishment. Penalties are as listed in Section 1 -7 -3 of this code. Said penalty shall be paid to the City Treasurer within ten (10) days of notification of the penalty. 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