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HomeMy WebLinkAboutOrd. 489 - Liquor ControlCITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 489 AN ORDINANCE AMENDING CITY CODE TITLE 3-1, LIQUOR CONTROL THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: CHAPTER 1 LIQUOR CONTROL 3-1A-9: 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) four (4) 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) CHAPTER1 LIQUOR CONTROL ARTICLE B. INTOXICATING LIQUOR 3-1 B-2: 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. No license shall be granted for operation on any premises on which taxes, assessments or other financial 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 four hundred feet (400') of any public or private school nor within four hundred feet (400') of any religious institution, the measurement being from building corner to building corner. This restriction shall not apply to religious institutions or schools located in the Limited Business, Neighborhood Business, General Business or Industrial Zoning Districts. This restriction shall not apply to Temporary On -Sale Intoxicating Licenses. (Ord. 301, 10-5-2004; Amended Ord. 404 1/18/11; Amended Ord. 481, 4/3/18) 3-1 B-6: 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 capable of at least twenty-five (25) quests at one time. The sale of wine shall not exceeding fourteen percent (14%) alcohol by volume and be sold for consumption on the licensed premises only and 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. 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. (Amended Ord. 470, 6- 20-17) to the following: a. The license will only be issued to an Andover based charitable, religious or non-profit organization in existence for at least three years. b. Such temporary on -sale intoxicating liquor sales shall be limited to strong beer and wine only and will be allowed only in connection with a social event sponsored by the licensee. c. A temporary on -sale intoxicating liquor license may authorize on -sales on premises other than the premises the organization owns or Permanently occupies upon City approval. d. The license will be issued for a specific date time and place. e. No license will be longer than four (4) consecutive days, and the City Council shall issue no more than twelve (12) days' worth of temporary licenses to any one organization in one (1) calendar year. f. No license issued under this subdivision will be valid unless first approved by the Commissioner of Public Safety. 6. Brew Pub On -Sale Intoxicating Liquor Licenses: With the approval of the . -- Commissioner of Public Safety, Brew Pub On -Sale Intoxicating Liquor L t icenses rra I)e isFzced to ninwers enrho operate a restaurant in their place 1;fa�tarE .asr: :+rx ;>;c ei'Ir,a ,- ;ria estabGsiied pursuant to ' ••_-' '' S t r.,-,n&sota Stai.a-_s Sact:Cr, 3110A.30 :. Sales under this on -sale license may not exceed 3,500 barrels per year. if a brew pub licensed under this chapter possesses a license for off -sale under subsection (7) of this _ section, the brew pub's total combined retail sales for on -sale or off -sale may not exceed 3.500 barrels r�r year provided that oft -sales may not toial more than 500 oarrels. 7. Brew Pub Off -Sale Intoxicatinu_Liquor Licenses: With the approval of the Commissioner of Public Safe ; Brew Pub Off -Sale Intoxicating Liquor Lieerses rad he Sssa: i to abrewer *ha* is a licensee under subsection :his or � at.oraduc 6;'e�Aier than 3.500 barrels of malt !iquor .h' r ifi a ./r: <- JnV othE njvr. e' (ir( ea ! C;vkeria established pursuant to i i o i1Air�r _.:a `uta a eic; r _ ,t 9 ° ."N Off -sale malt !iquor shall be liLT_ ted - to 'heleal hours mr cff—ale at_ex tiaive liquor stores in the city. Malt -- _ _ liquor sold off -sale must bp rerno,red from the premises before the applicable off sale cius,n_g tirr_e 3i sxsiasive liquor stores. All malt liquor soldunder this license s?r:.ill be ca kaaed in the manner required by Min �escta Slatu"ra t rA.; , Sages under this license may not exceed 500 barrel" +er � fa . 4 a '•;(ewer kensed under this cha ter t __. _paossesses a _ licer!se under suhse_tiorr (6),z)f t€nis sFect_on, the brewer's total retail sales at on -sale or oif-ur�l� :7fa =ot E x.ee : 3.:00 barrels per vea-E.-provided that . off -sales may not fgta, mere than 500 barrels. 8. Brew Pub iemz orary On -Sale Intoxicating Liquor Licenses: With the W"oval of th=CCommissioner of Public Safety, Brew Pub Temporary On - Sale Inioxicatinq Liquor Licenses to brewers who manufacture tower than 3 50fi barrels of rrra!tlieuor in a year for the on of intoxicating liquor in y corzneection.with _a_social event wi`hiq the municipality sponsored by the brewer. 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. 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. Adopted by the City Council of the City of Andover on this 19th day of March, 2019. ATTEST: i Mi helle Ilartner, City Clerk CITY OF ANDOVER . 6oi li Trude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 489 SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 3, CHAPTER 1 LIQUOR CONTROL STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare. The proposed amendments to City Code Title 3, Chapter 1 provides license requirements for Temporary On -Sale Intoxicating Liquor and Brew Pub Licenses. GENERAL PROVISIONS AND Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 19' day of March, 2019. ` ATTEST: f CITY OF ANDOVER p Micelle Harmer, Deputy City Clerk uh Trude, Mayor