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HomeMy WebLinkAboutOrd. 213 - Non-Intoxicating Malt Liquor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 213 An Ordinance repealing Ordinance No. 28, adopted June 20,1975; Ordinance No. 28A, adopted July 16, 1982; Ordinance No. 28B, adopted February 28, 1986; Ordinance No. 28C, adopted September 25, 1987; Ordinance No. 28D, adopted July 2, 1996; and Ordinance No. 28E, adopted January 7, 1997. AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-INTOXICATING MALT LIQUORS IN THE CITY OF ANDOVER. Section 1. Provisions of State Law Adopted. The provisions of Minnesota Statute, Chapter 340A, commonly known as the Liquor Act, are adopted and made part of this ordinance as if set out in full. Whenever there is an inconsistency between the provisions of Mirmesota Statute, Chapter 340A, and the provisions of this ordinance, the more restrictive shall govern. Section 2-,--Definitions. In addition to the definitions set forth in Chapter 340A,the following words are defined for the purpose of this ordinance. Bona Fide Club an incorporated organization for social or business purposes or for intellectual improvement or for the prornotionof sports, where the serving of non-intoxicating liquor, incidental to and not the rnajor purpose of the club. Non-Intoxicating Liquor is any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. 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. I Section 3. License Required. 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 without first having received a non-intoxicating malt liquor license. The City Council may issue the following types of non-intoxicating malt liquor licenses. 1. "On-Sale" Licenses. Retail "on-sale" licenses obtained pursuant to this ordinance shall permit the licensee to sell non-intoxicating 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 non-intoxicating malt beverages with the incidental sale of tobacco and soft drinks. 2. "Off-Sale" Licenses. Retail "off-sale" licenses obtained pursuant to this ordinance shall permit the licensee to sell non-intoxicating malt liquors in packages for consumption off the premises only. 3. Temporary "On-Sale" Licenses. Temporary "on-sale" licenses obtained pursuant to this ordinance shall be issued to a bona fide club or charitable, religious or nonprofit organization for a specified time period. Section 4. Application for License. I. Any person desiring a license to sell non-intoxicating 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: a. Name of applicant and date of birth; b. Representations as to the applicant's character; c. The business in connection with which the proposed licensee will operate and its location; d. Whether the applicant is the owner and operator of the business and if not, who is; e. Whether the applicant has ever used or been known by a name other than hislher name; f. Kind, name and location of every business or occupation applicant or spouse has been engaged in during the preceding ten (10) years; and g. Other such information as the City Council may require from time to time. 2 2. 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. 3. 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. Section 5. License Fee and Renewal. Each application for a license shall be accompanied with a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund. Upon rejection of any application for a license, the City Treasurer shall refund the amount paid. All non-intoxicating liquor licenses shall be issued for a period of one (I) year and shall expire on the last day of December each year. The fees for licenses are established by City Council resolution and shall not be prorated. 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. Section 6. Financial Responsibility. Every application for a non-intoxicating liquor license shall be accompanied by evidence of adequate financial responsibility for liability in a form permitted by Minnesota Statute Section 340AA09, Subd. 1. This provision shall not apply to establishments exempt from fmancial responsibility requirements by Minnesota Statute Section 340AA09, Subd. 4. A liability insurance policy shall name the City of Andover as an additional insured. The limits of such policy shall comply with the liability limits as stated in Minnesota State Statutes. The liability policy rnust provide that it may not be canceled for any cause either by the insured or the insurance company without first giving ten (IO) 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. No person may operate any business or conduct any activities requiring a non- intoxicating 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 3 the financial responsibility in effect and/or on file shall be grounds for immediate revocation or suspension of a license. Section 7. Granting of License. No non-intoxicating 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. 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. Section 8. Locations Ineligible for Licenses in City.. No "on-sale" license shall be granted for any place within one thousand (1,000) feet of any public or private school nor within four hundred (400) feet of any church. No license shall be granted for operation on any prernises upon which taxes or assessments or other financial claims of the City are delinquent and unpaid. Section 9. Temporal)' Licenses. The City Council may issue temporary "on-sale" non-intoxicating liquor licenses to a bona fide club or charitable, religious, or non-profit organization. These licenses are subject to the following: a. 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. b. Submission of evidence of insurance with the same coverage limits and provisions as is required for the issuance of an "on-sale" or "off-sale" license for an establishment with sales of non-intoxicating liquor of $10,000 or more per year. c. Payrnent of license fee as established by City Council resolution. d. 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 Statute 473.121, Subd. 2. At least one person of the listed persons must be present on the licensed premises during all hours of sale. 4 e. The City Council may impose other reasonable conditions. Temporary "on-sale" non-intoxicating liquor licenses may be issued for a specified period oftime, not to exceed three (3) consecutive days unless the approval for an extended time period is granted by the City Council. These licenses may be issued for an event to take place on public property. Section 10. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State law. Adopted by the City Council of the City of Andover on this Qih day of~, 1997. ATTEST: CITY OF ANDOVER u~ d~// Victoria V oIk, City Clerk j,.f }?Jv~_- ;fE. McKelvey, Mayor 5 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 213A An Ordinance amending ordinance No. 213, licensing and regulating the sale and consumption of non-intoxicating malt liquors in the City of Andover. The City Council of the City of Andover hereby ordains: Ordinance No. 213 is amended as follows: SemaB 19. Penalty. .t\ny person. 'v'ioIatmg any provisi6ft ef this ordrnaflce shall be guilty of a misdemeanor, afld apon conviction thereof shftll be punished as demed by State la'.v. Section 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 purchase alcoholic beverages. No minor or underage adult us~d in compliance checks shall attempt to use a false identification or theatrical makeup which misrepresents their 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 he or she is 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. Section 11. Suspensions and Revocations. 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 $5.000 for each violation upon rmding 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 healing pursuant to Minnesota Statute Section 14.57 toI4.70. Section 12. Penalty. Any person violating any provision of this ordinance shall be guilty ofa misdemeanor, and upon conviction thereof shall be punished as defmed 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. Adopted by the City Council of the City of Andover on this 5th 200 I. day of June ATTEST: . Kenneth D. Orttel - Acting Mayor ~()~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 213B AN ORDINANCE AMENDING ORDINANCE 213 LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-INTOXICATING MALT LIQUORS IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Ordinance No. 213 is amended as follows: Section 1. Provisions of State Law Adopted No sale of 3.2 percent rnalt liquor shall be made between the hours of I :00 A.M. and 8:00 a.m. Monday through Saturday. Neither shall any sale of such liquor be made on Sunday between the hours of I :00 am. and 12:00 noon. Section I I. SuspensionlRevocation/CiviI Penalty In addition to the remedies and penalties set forth in this ordinance. in the event an establishment fails an alcohol compliance check. the City Council shalllevv a penalty against the establishment. Penalties are as listed in Ordinance 260. Said penalty shall be paid to the City Treasurer within ten (0) days of notification of the penalty. Adopted by the City Council of the City of Andover this 1st day ofJuly, 2003. CITY OF ANDOVER Attest: ~/J~ Victoria V olk - City Clerk