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HomeMy WebLinkAbout02.11.20ItLNDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda February 11, 2020 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Oath of Office — Commissioners Marni Elias and Dawn Perra 4. Appointment of Chairperson and Vice Chairperson 5. Approval of Minutes — December 10, 2019 Regular Meeting 6. Public Hearing —Conditional Use Permit (CUP) for On -Sale Liquor License — 13735 Round Lake Blvd. NW, Suite 105 — Margie's Kitchen and Cocktails - Justin Ahltstrom (Applicant) 7. Other Business 8. Adj ournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Joe Janish, Community Development Director SUBJECT: Approval of Minutes — December 10th, 2019 Regular Meeting Minutes DATE: February 11, 2020 REQUEST The Planning and Zoning Commission is requested to approve the December 10th, 2019 regular meeting minutes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PLANNING AND ZONING COMMISSION MEETING — DECEMBER 10, 2019 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bert Koehler IV on December 10, 2019, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Dean Daninger, Karen Godfrey, Scott Hudson, Nick Loehlein and Mary VanderLaan Commissioner absent: Jeff Sims Also present: Community Development Director Joe Janish City Planner Peter Hellegers Others PLEDGE OFALLEGIANCE APPROVAL OF MINUTES November 12, 2019 Chairperson Koehler stated he sent minor punctuation and typo edits to staff. Motion by Loehlein, seconded by Daninger, to approve the minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 1 -present (Hudson), 1 -absent vote (Sims). PUBLIC HEARING: Conditional Use Permit (CUP) - An accessory structure on a lot prior to a principal structure - 2384 South Coon Creek Drive NW - Thomas and Susan Hughes (Applicants) City Planner Hellegers noted the purpose of this item is to hold a public hearing and take input on allowing a Conditional Use Permit (CUP) for an accessory building on a lot without a principal structure. Mr. Hellegers explained that City Code allows accessory buildings prior to the construction of a principal structure with a Conditional Use Permit. Mr. Hellegers stated the applicants previously owned both the subject parcel (2384 South Coon Creek Drive NW) and the adjacent parcel at 2356 South Coon Creek Drive NW. The applicant split the lots in December of 2017. Mr. Hellegers stated the lot split included conditions that the applicants pay defined park dedication and trail fees as well Regular Andover Planning and Zoning Commission Meeting Minutes — December 10, 2019 Page 2 1 as enter into an assessment agreement to maintain the existing detached garage for a 2 defined period of one year. Mr. Hellegers presented a drawing showing the layout of the 3 property with the existing garage and how a home could fit on the property. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Commissioner VanderLaan asked if the utility line had capacity for a home. Mr. Hellegers stated the property is within the MUSA line and sewer is stubbed into the property. Chairperson Koehler asked if new property owner could build a three -car garage in addition to the garage already on the property. Mr. Hellegers responded that they could not. Chairperson Koehler stated he reviewed past minutes and video related to this item and did not find mention of an option for a CUP. Chairperson Koehler asked when the option of a CUP was brought up. Mr. Hellegers responded the language was in the assessment agreement between the City and the property owner. Motion by VanderLaan, seconded by Daninger, to open the public hearing at 7:09 p.m. Motion carried on a 6 -ayes, 0 -nays, 1 -absent vote (Sims). Thomas Hughes, 113 168th Avenue NE, Ham Lake, Minnesota 55304, came forward and stated the property is up for sale and he has no intention of building a house on it. He stated he left the garage on the property in case the new owner was interested in it. Mr. Hughes stated the future of the garage is up to the new property owner, whether they wanted to keep it or tear it down to build a new structure. He stated his plan is to sell it and move on. Commissioner VanderLaan asked Mr. Hughes if he used the current structure for storage. Mr. Hughes responded he did. Chairperson Koehler asked how Mr. Hughes handled maintenance of the garage. Mr. Hughes stated the garage has steel siding, he drives by it weekly, and has a lawn service to tend to the yard. Commissioner Hudson asked how long the property has been on the market. Mr. Hughes stated the property has been for sale for around 11/2 years. Commissioner VanderLaan asked if Mr. property which has a dumpster on it. Mr responsibility for it. Hughes was responsible for the adjacent Hughes stated he sold the lot and has no 42 Commissioner Loehlein stated the CUP was set for one year, however, it has been two 43 years and the applicant is reapplying now. Commissioner Loehlein asked Mr. Hughes 44 why there was a delay in the re-application and what has transpired. Mr. Hughes stated 45 his wife inquired and was told not to worry about it by the City. Regular Andover Planning and Zoning Commission Meeting Minutes — December 10, 2019 Page 3 1 2 Chairperson Koehler asked Mr. Hughes if it would be acceptable if the City gave him one 3 more year to remove the structure or sell the property. Mr. Hughes replied it would be 4 acceptable. 5 6 Commissioner Daninger asked what the comps are for three -car garages in the area. Mr. 7 Hughes stated he is not comparing home comps; he is comparing lot comps. 8 Commissioner Daninger asked if Mr. Hughes knows the cost of removing the garage. 9 Mr. Hughes stated it was around $5,000. Commissioner Daninger asked if Mr. Hughes 10 thought about lowering the lot price by $5,000. Mr. Hughes stated yes. 11 12 Community Development Director Janish acknowledged the Planning and Zoning 13 Commission received an email commenting on the CUP. Chairperson Koehler stated the 14 Commission received the email and the email did not support the CUP because there are 15 multiple cars parked outside the structure. 16 17 Motion by Hudson, seconded by Daninger, to close the public hearing at 7:20 p.m. 18 Motion carried on a 6 -ayes, 0 -nays, 1 -absent vote (Sims). 19 20 Commissioner VanderLaan expressed her denial of the CUP for the following reasons: 21 the garage has been on the property for longer than the CUP allowed; the owner is not 22 residing at the site; and it is aesthetically unpleasing in the neighborhood. Commissioner 23 VanderLaan stated the garage prohibits the freedom of good design. She feels the garage 24 should come down. 25 26 Commissioner Godfrey asked staff if the CUP would remain with the property and what 27 the timeline was. Mr. Hellegers replied the CUP stays with the property and there is no 28 timeline. Chairperson Koehler stated the garage would be allowed to stay on the property 29 indefinitely even if Mr. Hughes sold the land. 30 31 Chairperson Koehler stated he would deny the permit but would like to give Mr. Hughes 32 more time to sell the land and either tear down the garage or sell it with the property. 33 34 Commissioner Loehlein stated he is struggling with the timeline as the applicant was 35 given longer than the written agreement. He stated he is comfortable with one year, but 36 not longer. 37 38 Commissioner Hudson asked if the extension of the Land Use Agreement is under the 39 Planning and Zoning Commission's purview. He asked if the Commission should deny 40 the permit and have the City discuss a time frame with the applicant. Chairperson 41 Koehler concurred. 42 43 Commissioner Daninger stated the time has come for the structure to be removed and he 44 does not support an extension. He asked if the structure would need to be removed if the Regular Andover Planning and Zoning Commission Meeting Minutes — December 10, 2019 Page 4 1 permit was denied or if Council or staff would be allowed to give the applicant an 2 extension. 3 4 Mr. Hellegers stated if the CUP was denied, the Land Use Agreement states the structure 5 must be removed. 6 7 Commissioner Loehlein stated the Commission could deny the permit and recommend 8 extension of the Land Use Agreement up to one year. 9 10 Commissioner VanderLaan stated if she were a buyer, she would be interested in the 11 property if the garage wasn't there. She stated the garage is hampering the sale of the 12 property. She stated an extension of the deadline to remove the structure is up to the City 13 Council. 14 15 Motion by Loehlein, seconded by Hudson, to recommend to the City Council denial of 16 Conditional Use Permit (CUP) - An accessory structure on a lot prior to a principal 17 structure - 2384 South Coon Creek Drive NW. 18 19 Discussion: rationale for the denial was given by the Commission: 20 1. The one-year timeline for removal, building a principal structure, or applying for 21 a CUP has passed and no action has been taken. 22 2. The presence of the structure has an adverse effect on the sale of the property. 23 3. The structure does not represent the character of new homes in Andover nor the 24 character of homes in the neighborhood. 25 4. The structure conflicts with the ability to layout a new home on the property. 26 5. The approval of a CUP would allow the structure to remain on the property for 27 perpetuity. 28 6. Commission gave staff direction to add to rationale with comments in the minutes 29 and video. 30 31 Commissioner Daninger asked staff to review the process the City took in advising the 32 applicant not to worry about applying for the CUP when the applicant approached the 33 City prior to the deadline of one year. 34 35 Motion carried on a 6 -ayes, 0 -nays, 1 -absent vote (Sims). 36 37 Mr. Hellegers stated that this item would be before the Council at the December 17, 2019 38 City Council meeting. 39 40 OTHER BUSINESS 41 42 Community Development Director Janish updated the Planning Commission on related 43 items. Mr. Janish stated a Code Amendment was recommended by the Commission to 44 the City Council, however, the applicant withdrew the application as they found another 45 property in another community. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Regular Andover Planning and Zoning Commission Meeting Minutes — December 10, 2019 Page 5 Mr. Janish stated staff has sent out applications to Commissioners for renewing their terms. Mr. Janish stated staff and Council has been working on density requirements for the Met Council and plans to have a work session with the Commission when it clears the Met Council. Commissioner Godfrey asked where the City stands on the number of building permits this year. Mr. Janish replied there are 117 single family home permits. Chairperson Koehler wished everyone Happy Holidays and thanked everyone for their work. ADJOURNMENT Motion by Hudson, seconded by Daninger, to adjourn the meeting at 7:41 p.m. Motion carried on a 6 -ayes, 0 -nays, 1 -absent vote (Sims). Respectfully Submitted, Shari Kunza, Recording Secretary TimeSaver Off Site Secretarial, Inc. Mill � � �y 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners /� CC: Joe Janish, Community Development Director'( ' FROM: Jake Griffiths, Associate Planner SUBJECT: Public Hearing: Conditional Use Permit (CUP) — On -Sale Liquor License —13735 Round Lake Blvd NW, Suite 105 — Margie's Kitchen & Cocktails — Justin Ahlstrom (Applicant) DATE: February 11, 2020 INTRODUCTION City Code 12-12 requires a CUP for liquor sales in the SC Shopping Center District. The applicant is proposing to have liquor sales at a new restaurant called "Margie's Kitchen & Cocktails" located in Suite 105 of the existing Andover Downtown Center. If the CUP is approved, the applicant will be required to obtain a liquor license that will be issued by the City Council. DISCUSSION Mr. Ahlstrom, Owner of Margie's Kitchen & Cocktails, submitted a letter for the CUP request. It is attached for your review. Restaurants are a permitted use in the SC Shopping Center District and the site has enough parking to accommodate a restaurant. Please note that there are two separate applications that must both be approved prior to liquor sales occurring on the property. The CUP is the first step in this process, and the purpose is to determine whether on -sale liquor sales would be appropriate at the applicant's chosen property. If the CUP is approved, the City Council will review a separate Liquor License application. The City Council will verify that the applicant is compliant with City Code 3-1: Liquor Control and Minnesota State Statutes 340A.402. A copy of City Code and State Statute is attached for informational purposes only and is not a part of this review. If the Commission determines that restrictions greater than what is currently required by City Code and State Statute is needed, they may recommend those conditions to the City Council as part of the CUP. Historic Approvals In July 1991 the City Council approved a Special Use Permit (SUP) for liquor sales at the subject property for a restaurant known as "Cooper's All-American Grill" (Res. No. R99-91). That approval was conditional upon a Sunset Clause as defined in Ordinance No. 8, Section 5.03 (D) which states that if no substantial progress is made within one year from approval, the City Council may revoke a CUP. "Cooper's All-American Grill" failed to open and in July 1992 the City Council revoked the SUP for liquor sales (Res. No. 129-92). Since the previous approval has been revoked, the applicant is required to obtain a new CUP. Review Criteria City Code 12-14-613 provides the following general review criteria to consider when granting a CUP. In granting a Conditional Use Permit, the City Council shall consider the recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use on the health, safety, moral and general welfare of the occupants of surrounding lands. Liquor sales are regulated by City Code 3-1 and must comply with Minnesota Statutes 340A.402. The applicant is required to obtain a liquor license from the City Council. CUPS have been granted for similar and nearby locations in the past. 2. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and lands. The CUP will not generate additional traffic to the commercial area. The subject property is currently vacant and the site has been designed to accommodate increased traffic demand than currently exists. Parking facilities provide the required number of spaces as required by the City Code. 3. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. Restaurants are a permitted use within the SC Shopping Center District and liquor sales are allowed with a CUP and liquor license. CUPS have been approved in the past at the subject property and at nearby locations. Staff believes the CUP will not have a negative effect on surrounding property values. ACTION REQUESTED The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation to the City Council regarding the CUP request. Respectfully Submitted, Jake Griffiths Associate Planner Attachments Draft Resolution of Approval Draft Resolution of Denial 2009 Site Interior Drawing Site Location Applicant's Letter Nearby Locations with Liquor Licenses Public Comments Copy of City Code 3-1: Liquor Control (For Informational Purposes Only) Copy of Minnesota State Statutes 340A.402 (For Informational Purposes Only) CC: Justin Ahlstrom, 14051 Orchid St NW, Andover, MN 55304 (Applicant) CC: David Hansen, 14701 Pioneer Trail, Eden Prairie, MN 55347 (Property Owner) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR LIQUOR SALES, LOCATED AT 13735 ROUND LAKE BLVD NW, SUITE 105, LEGALLY DESCRIBED AS: LOT 1, BLOCK 1, ANDOVER CENTER ADDITION WHEREAS; Margie's Kitchen & Cocktails LLC has requested a conditional use permit for liquor sales with authorization from the property owner within Suite 105 of the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of City Code 12-14-8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit for liquor sales at 13735 Round Lake Blvd NW, Suite 105, subject to the following conditions: 1. A liquor license must be approved by the City of Andover prior to the sale of liquor on the premises. 2. Liquor sales shall only be authorized in Suite 105 and immediately adjacent outdoor areas, as shown on the attached Exhibit A — 2009 Site Interior Drawing. 3. All other permits shall be obtained, including but not limited to Building, Department of Health, etc. 4. The Conditional Use will be subject to a sunset clause as defined in Ordinance No. 8, Section 5.03(D). Adopted by the City Council of the City of Andover on this day of , 2020. CITY OF ANDOVER ATTEST: Julie Trude, Mayor Michelle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING THE CONDITIONAL USE PERMIT REQUEST FOR LIQUOR SALES, LOCATED AT 13735 ROUND LAKE BLVD NW, SUITE 105, LEGALLY DESCRIBED AS: LOT 1, BLOCK 1, ANDOVER CENTER ADDITION WHEREAS; Margie's Kitchen & Cocktails LLC has requested a conditional use permit for liquor sales with authorization from the property owner within Suite 105 of the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of City Code 12-14-8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the Conditional Use Permit request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and denies the conditional use permit for liquor sales at 13735 Round Lake Blvd NW, Suite 105, subject to the following conditions: 1. Adopted by the City Council of the City of Andover on this day of , 2020. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor ANDOVER CEI+[TER ANDOVER M NE90TA EXHIBIT A - 2009 Site Interior Drawing Location of Authorized Liquor Sales CITY OF ANDOVER 4 n-7rlC M- - -J I -I-- MI. .-J K I I A/ Justin Ahlstrom Margie's Kitchen & Cocktails LLC 14051 Orchid St NW Andover, MN 55304 DATE: January 21, 2020 TO: Andover City Council RE: Conditional Use Permit Application I am excited to introduce Margie's Kitchen & Cocktails to the Andover community! Margie's Kitchen will be a family -friendly, full-service restaurant located on the corner of Round Lake Blvd & Bunker Lake Blvd in the Andover Downtown Center. The restaurant will feature modern American cuisine, including gourmet burgers and wood -fired pizzas. The bar will highlight partnerships with local craft brewers and provide an assortment of classic cocktails. The refined, yet approachable, interior will bring a new class of dining to Andover. Our initial plan is to be open for dinner during the week, brunch and dinner on the weekends, and closed on Mondays. In addition to our regular dining room and bar area, Margie's will also offer a private dining room for parties of up to 75 people. At Margie's Kitchen, we care deeply about community and strive to provide a welcoming and inclusive environment for our customers and employees. We plan to develop partnerships to support a variety of community organizations throughout the year. We also anticipate that Margie's Kitchen will bring about 20 new jobs to Andover. We have partnered with Wilkus Architects and the Dering Pierson Group to design and completely transform the space formerly occupied by Lifestyle Fitness in the Andover Downtown Center. The Wilkus/DPG team has completed many high quality restaurant builds, including Bricks Kitchen in Blaine, BLVD in Minnetonka, and The Block in St. Louis Park. We hope this project can be the first of many high-quality commercial development projects on the west side of Andover. Thank you for your consideration. Justin Ahlstrom Owner Margie's Kitchen & Cocktails MWI Locations that Sell Liquor Site Location (Proposed Liquor Sales) Locations with Existing Liquor Sales Jake Griffiths From: jason francisco Sent: Saturday, February 1, 2020 9:39 AM To: Jake Griffiths Subject: Conditional Use for on -sale liquor license Margie's EXTERNAL EMAIL ALERT: This message originated from outside the City of Andover email system. Use Caution when clicking hyperlinks, downloading pictures or opening attachments. Jake, I don't mind the conditional use of on -sale liquor as long as it is genuinely supporting the core business of the eatery/kitchen. I'm not in favor of the permit allowing or helping disguise the development of a typical "bar or tavern" serving after lipm. Basically, I would like to see some limitations applied that would protect the existing integrity of this neighborhood: • Core business must be clearly identifiable as a kitchen, cafe or restaurant. • Allowed to serve alcohol, but limited to beer and wine. • Serving hours not past 11pm. Sincerely, Jason Francisco Tor JYI�VWR'klan CHAPTER 1 LIQUOR CONTROL 3-1-1: 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) 3-1-2: DEFINITIONS: In addition to the definitions set forth in Minnesota Statutes Chapter 340A, the following words are defined for the purpose of this article: 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) 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. 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. PACKAGE: A sealed or corked container of alcoholic beverage. PERSON: An individual, partnership, association, corporation, or club. PUBLIC PROPERTY: Land owned by a municipal, county, state or other governmental unit. RELIGIOUS INSTITUTION: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. (Amended Ord. 481, 4/3/18) RESTAURANT: Shall have the meaning given to the term by Minnesota Statutes Section 340A.101, Subdivision 25. 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) SCHOOL: For the purposes of this ordinance, school shall mean a public, private, or charter school providing elementary, middle or high school age curriculums. f CHAPTER 1 LIQUOR CONTROL ARTICLE A. 3.2 PERCENT MALT LIQUOR SECTION: 3-1A- 1: License Required; Types Of Licenses 3-1A- 2: Ineligibility For License 3-1A- 3: Application For License 3-1A- 4: Insurance Requirements 3-1A- 5: Payment Of License Fee; Refunds 3-1A- 6: Investigation Of Applicant; Grant Of License 3-1A- 7: Term Of License; Renewals 3-1A- 8: Non -transferability Of License Or Location 3-1A- 9: Temporary On -Sale License - 3-1A-10: Compliance Checks And Inspections 3-1A-11: Hours Of Sale 3-1A-12: Suspension/Revocation/Civil Penalty 3-1A-13: Violation; Penalty 3-1A-1: LICENSE REQUIRED; TYPES OF LICENSES: As part of a commercial transaction, 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 (Amended Ord. 404, 1-18-11): 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-2: INELIGIBILITY FOR LICENSE: A. On -Sale License; Locations Prohibited: No on -sale license shall be granted for any place within three hundred feet (300) of any public or private school nor within three hundred feet (300') 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, Shopping Center General Business, or Industrial Zoning Districts. (Ord. 301, 10-5-2004; Amended Ord. 404, 1/18/11; Amended Ord. 481, 4/3/18; Amended Ord. 498, 12/3/19) 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) 3-1A-3: 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-4: 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-5: 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 1. 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-6: 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-7: 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-8: 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) 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 ' See section 1-7-3 of this code for fees. 1 See subsection 1-7-3A of this code. 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 four (4) consecutive days, unless the approval for an extended time period is granted by the City Council. (Amended Ord. 489, 3-19-19) C. Public Location: These licenses may be issued for an event to take place ori public property. (Amended Ord. 213, 5-6-1997; amd. 2003 Code) 3-1A-10: 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 purohase 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-11: 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. 21313, 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. on 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) 3-1A-12: 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. 21313, 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-13. 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) CHAPTER 1 LIQUOR CONTROL ARTICLE B. INTOXICATING LIQUOR SECTION: 3-1 B- 1: License And Permit Required 3-113- 2: Eligibility And Ineligibility For License 3-113- 3: Application For License Or Permit 3-1 B- 4: Financial Responsibility 3-113- 5: License And Permit Fee 3-1 B- 6: Types Of Licenses And Permits; Exemptions 3-1 B- 7: Investigation Of Applicant; Grant Or Denial Of License 3-113- 8: Expiration Of Licenses And Permits; Renewals 3-1 B- 9: Non -transferability Of License 3-1 B-10: Conditions Of License And Permit 3-1 B-11: Sunday Sales 3-1 B-12: Minors 3-1 B-13: Sales To Certain Persons Prohibited 3-1 B-14: Compliance Checks And Inspections 3-1 B-15: Suspension Or Revocation Of License; Penalties 3-1 B-1: 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) 3-1 B-2: ELIGIBILITY AND INELIGIBILITY FOR LICENSE: A. A license shall be issued only to a person who is: r 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. (Ord. 301, 10-5-2004; Amended Ord. 404 1/18/11; Amended Ord. 481, 4/3/18) 3-1 B-3: APPLICATION FOR LICENSE OR PERMIT: 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; B. 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. -- 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; Amended Ord. 489, 3-19-19) 3-1 B-3: APPLICATION FOR LICENSE OR PERMIT; 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 addresse's 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) 3-113-4: FINANCIAL RESPONSIBILITY: A. Financial Responsibility Required: Every application for a license shall r! 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 anyone 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) 3-1 B-5: 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) 3-1 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) guests at one time. The wine shall not exceed fourteen percent (14%) alcohol by volume and be sold for consumption on the licensed premises only and in conjunction with the sale of food. (Amended Ord. 489, 3-19-19) I See subsection 1-7-3A of this code. 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) 5. Temporary On -Sale Intoxicating Liquor Licenses: The City Council may issue temporary on -sale licenses for the sale of intoxicating liquor, subject 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. (Amended Ord. 489, 3-19-19) 6. Brew Pub On -Sale Intoxicating Liquor Licenses: With the approval of the Commissioner of Public Safety, Brew Pub On -Sale, Intoxicating Liquor Licenses may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria established pursuant to -3 Minnesota Statutes Section 340A.301. 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 per year, provided that off -sales may. not total more than 500 barrels. (Amended Ord. 489, 3-19-19) 7. Brew Pub Off -Sale Intoxicating Liquor Licenses: With the approval of the Commissioner of Public Safety, Brew Pub Off -Sale Intoxicating Liquor Licenses may be issued to a brewer that is a licensee under subsection (6) of this section, or that produces fewer than 3,500 barrels of malt liquor in a year and otherwise meets the criteria established pursuant to Minnesota Statutes Section 340A.301. Off -sale malt liquor shall be limited to, the legal hours for off -sale at exclusive liquor stores in the city. Malt liquor sold off -sale must be removed from the premises before the applicable off -sale closing time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner required by Minnesota -Statutes 340A.301. Sales under this license.may not exceed 500 barrels per year. if a- brewer licensed under this chapter possesses a license under subsection (6) of this section, the brewer's total retail sales at on -sale or off -sale may not exceed 3,500 barrels per year, provided that off -sales may not total more than 500 barrels. (Amended Ord. 489, 3-19- 19) 8. Brew Pub Temporary On -Sale Intoxicating Liquor Licenses: With the approval of the Commissioner of Public Safety, Brew Pub Temporary On - Sale Intoxicating Liquor Licenses to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year for the on -sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer. (Amended Ord. 489, 3-19-19) 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. 3-1 B-7: INVESTIGATION OF APPLICANT; GRANT OR DENIAL OF LICENSE: A. All applications for a license shall be referred to the Anoka County Sheriffs 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 Sheriffs 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-8: 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-9: 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) 3-1 B-10: 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 Fedetal 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 1 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 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 th&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. 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 i. establishment. 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. 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-11: 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, 8/5/97; amd. 2003 Code) B. Hours: The hours of the sale of intoxicating liquor shall be between eight o'clock (8:00) A.M. on Sundays and two o'clock (2:00) A.M. on Mondays. (Amended Ord. 474, 9/19/17) 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. 235,8/5/97) 3-1 B-12: 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. 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 minor's parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his or her parent or guardian. (Amended Ord. 235, 8-5-1997) 3-1 B-13: 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-14: 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-15: 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 or an 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. 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. (Ord. 235D, 7-1-2003) d. A list of all persons who, single or together with their spouse or a j 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) 3-1B-4: 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) 3-1 B-5: 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) z 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 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. - -1 - See subsection 1-7-3A of this code. 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) 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. 3-1 B-7: INVESTIGATION OF APPLICANT; GRANT OR DENIAL OF LICENSE: A. All applications for a license shall be referred to the Anoka County Sheriffs 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 411 licenses and consumption and display permits, a public hearing j 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-8: 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-9: 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 whojly 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) 3-1 B-10: 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 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. J 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 _ 4 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. 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-11: 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) 3-113-12: MINORS: i 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. 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 minor's parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his or her parent or guardian. (Amended Ord. 235, 8-5-1997) 3-1 B-13: 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 -IB -14: 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-15: 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 or an 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. 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. (Ord. 235D, 7-1-2003) MINNESOTA STATUTES 2019 340A.402 340A.402 PERSONS ELIGIBLE. Subdivision 1. Disqualifiers. No retail license may be issued to: (1) a person under 21 years of age; (2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; (3) a person not of good moral character and repute; or (4) a person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler. In addition, no new retail license may be issued to, and the governing body of a municipality may refuse to renew the license of, a person who, within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement Division or licensing authority may require that fingerprints be taken and forwarded to the Federal Bureau of Investigation for purposes of a criminal history check. Subd. 2. Background check. (a) A retail liquor license may be issued by a city, a county, or the commissioner. The chief of police is responsible for the background checks prior to a city issuing a retail liquor license. A county sheriff is responsible for the background checks prior to the county issuing a retail liquor license and for those cities that do not have a police department. The commissioner is responsible for the background checks prior to the state issuing a retail liquor license. (b) The applicant for a retail license must provide the appropriate authority with the applicant's signed, written informed consent to conduct a background check. The appropriate authority is authorized to query the Minnesota criminal history repository for records on the applicant. If the appropriate authority conducts a national criminal history records check, the appropriate authority must obtain fingerprints from the applicant and forward the fingerprints and the required fee to the superintendent of the Bureau of Criminal Apprehension. The superintendent may exchange the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal history record information. The superintendent shall return the results of the national criminal history records check to the appropriate authority for the purpose of determining if the applicant is qualified to receive a license. History: 1985 c 305 art 6 s 2; 1986 c 330 s 5; 1987 c 152 art I s 1; 1989 c 49 s 1; 1991 c 249 s 3; 1993 c350s9; 1994c611 s15; 1996c323s4; 2002c321 s6; 2013c82s35 Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.