HomeMy WebLinkAboutOrd. 235 - Intoxicating Liquor
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LAW OFFICES OF
William G. Hawkins and Associates
WILLIAM G. HAWKINS
BARRY A. SULLIVAN
Legal Assistants
T AMMI J. UVEGES
HOLLY G. PROVO
2140 FOURTH AVENUE NORTH
ANOKA, MINNESOTA 55303
PHONE (763) 427-8877 .
FAX (763) 421.4213
E-MAIL HawkLawl@aoLcom
June 26, 2003
Ms. Vicki Volk
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Liquor License Ordinance Changes
Dear Vicki:
I have reviewed the proposed changes to the intoxicating liquor ordinance and non-
intoxicating malt liquor ordinance. I have a few comments. With respect to the
intoxicating liquor Ordinance No. 235, the proposed language of Section 1 does not
distinguish between "on-sale" and "off-sale." An "off-sale" liquor license may not sell
intoxicating liquor on Sundays, Thanksgiving Day, Christmas Day, or after 8:00 p.m.
on Christmas Eve. Also, Ordinance No. 235 Section 3(5) regarding Sunday liquor
sales seems to authorize sales beginning at 10:00 a.m. on Sundays for those persons
holding a Sunday on-sale liquor license. The proposed language is inconsistent with
the existing language regarding Sunday on-sale liquor sales.
With respect to the penalty sections in both ordinances, I would suggest that the
following language be added to the beginning of the proposed language: "In addition
to the remedies and penalties set forth in this ordinance,..." This makes it clear that
an establishment which fails an alcohol compliance check could also be subject to
license suspensions or revocations and civil fines as already indicated in the
ordinance.
I do not think we want to repeal or delete the language in either ordinance adopting
the provisions of State Statutes Chapter 340A that are not otherwise inconsistent
with the ordinance.
Ms. Vicki Volk
June 26, 2003
Page Two
I suggest that Ordinance No. 235 be amended to include the following language:
"No sale of intoxicating liquor for consumption on the
licensed premises ("on-sale") may be made: (1) between
1 :00 a.m. and 8:00 a.m. on the days of Monday through
Saturday; or (2) after 1 :00 a.m. on Sundays except as
authorized by an approved Sunday on-sale liquor license. II
If you wish to discuss these issues further, please do not hesitate to call.
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 235
An Ordinance repealing Ordinance No. 56 adopted July 21, 1981; Ordinance No. 56A
adopted February 18, 1986 and Ordinance No. 56B adopted December 17, 1996.
AN ORDINANCE REGULATING THE LICENSING, SALE AND CONSUMPTION
OF INTOXICATING LIQUOR WITHIN THE CITY OF ANDOVER AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
The City Council of the City of Andover hereby ordains as follows:
Section 1.
Provisions;!![.Statc LllW 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 Minnesota Statute, Chapter 340A, and the
provisions of this ordinance, the more restrictive shall govern.
~ction 2.
D~finitioilll..!.
License
shall also include a pennit for consumption and display, unless
otherwise indicated.
Licensee
any person to whom a license has been issued under the provisions
of this ordinance.
,Minor
any person under the age established by Minnesota State Statute
Section 340A.503.
Person
any individual, partnership, association, corporation, or club.
Sale and Purchase include all batters, gifts, sales and any other means used to obtain
or furnish alcoholic beverages.
Restaurant shall have the meaning given to the term by Minnesota Statute
Section 340A.I01, Subd. 25, except that these establishments shall
have facilities for seating not fewer than one hundred (100) guests
at one (1) time for on-sale intoxicating liquor licenses.
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Section 3.
License/Permit Required.
l) 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.
2) 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.
Persons Eligible.
l) A license shall be issued only to a person who is:
a) Eligible for a license under Minnesota Statute, 340AA02, and
b) A proprietor of the establishment for which the license is sought.
2) No license shall be issued to a person who is:
a) Ineligible under State law, or
b) Not the real party in interest or beneficial owner of the business operated
under the license.
Places Ineligible.
l) No license shall be issued for any place or any business ineligible for a license
under State law.
2) 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.
3) No "on-sale intoxicating liquor" or "on-sale wine" license shall be issued unless
the applicant makes a bona fide estimation that at least 50% of the gross receipts
of the establishment during the first year of business will be attributable to the
sale of food.
a) Each "on-sale intoxicating liquor" or "on-sale wine" license shall have the
continuing obligation to have at least 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.
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Financial records for food and beverage portion must be maintained
separately from the records of the remainder of the establishment.
b) For the purpose of this Section, "sale offood" shall include gross receipts
attributable to the sale of food items, soft drinks and non-alcoholic
beverages. It shall not include any portion of gross receipts attributable to
the non-alcoholic components of plain or mixed alcoholic beverages, such
as ice, soft drink mixes or other mixes.
c) 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 licenses
shall cooperate with such a review, including prompt production of
requested records.
d) In addition to other remedies that it may have available, the City Council
may place the license of any "on-sale" 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 50% of gross receipts for any business year. During
the probationary period, the licensee shall prepare., any planslmdreports,
participate in any required meetings, and take other action that the City
Council may require to increase the sale of food.
4) No license shall be granted for any place located within one thousand (l,000) feet
of any public or private school nor within four hundred (400) feet of any church.
5) Sunday Liquor Sales. On-sale Sunday liquor licenses shall be. issued only to
hotels, clubs, and restaurants and which hold an on~site intoxicating liquor license
only in conjunction with the serving offood and which has facilities for serving at
least one hundred (100) guests at one time. The hours of the sale of intoxicating
liquor shall be between 10:00 a.m. on Sundays and 1 :00 a.m. on Mondays.
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.
Section 4.
Intoxicating Liquor Licenses.
The City Council may grant the following types of intoxicating liquor licenses:
l) "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 which has
facilities for serving at least one hundred (100) guests at one time.
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2) "On-sale wine" licenses may be issued to restaurants for the sale of wine not
exceeding fourteen (14) percent alcohol by volume and for consumption on the
licensed premises only in conjunction with the sale of food.
3) "Off-sale" licenses may be issued only to exclusive liquor stores and shall permit
"off-sales" of intoxicating liquor and non-intoxicating liquor. As an incident to
these sales, ice, soft drinks and all forms of tobacco may also be sold.
4) "Sunday sales" licenses may be issued only to a hotel or restaurant to which an .
"on-sale" license has been issued. No Sunday sales license is needed for "on-sale
wine" licensees. Except in the case of "on-sale wine" licensees, no Sunday sales
of intoxicating liquor shall be made without a license for Sunday sales.
5) A "consumption and display permit" may be issued to a bottle club which
complies with the requirements of Minnesota Statute 340A.414 and which has
obtained a permit fromtheCormnissionerofPublic Safety. No bottle club may
operate in the City without first obtaining a permit from the City.
Section 5.
ExemptiQM"
Any person holding an on-sale intoxicating liquor license may sell non-intoxicating
liquor at on-sakwithout obtaining a non-intoxicating liquor license as required by the
City. Any person holding off-sale intoxicating liquor license may sell non-intoxicating
liquor at off-sale without obtaining a non-intoxicating liquor license as required by the
City.
A person holding an on-sale wine license who is also licensed to sell non-intoxicating
liquor at on-sale, and whose gross receipts are at least sixty (60) percent attributable to
the sale of food, may sell intoxicating liquor at on-sale without an additional on-sale
license.
Section 6.
License Application.
Every person desiring a license or consumption or display permit under this ordinance
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 of Minnesota. 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 of Minnesota, the application made to the City shall include the following:
I) 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:
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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 non-alcohol 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 or 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 ofthe applicant or spouse.
13) If the applicant is a partnership, the names and address 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 Statute, 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:
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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 names 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 offive (5) percent or who are officers
of said corporation or association, together with their addresses and all
information as is required for 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 room(s),
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 which the City Council deems appropriate.
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.
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 application 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.
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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.
Section 7.
License Fee.
Every applicant for a license or consumption and display permit shall pay to the City a
fee as set by City Council resolution. 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.
Each license, except consumption and display permits, shall expire on December 31 st of
the year in which it is issued. Consumption and display permits shall expire on June 30
of each year. 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.
Section 8.
Bond.
Each application for a license shall be accompanied by a surety bond or letter of credit.
Such surety bond or other security shall be in the sum of $5,000.
Operation of a licensed business without having on file with the City at all times effective
security as required in this Section is cause for revocation or suspension of the license.
Section 9.
Financial Responsibility.
Every application for a 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 financial
responsibility requirements by Minnesota Statute 340AA09, Subd. 4.
A liability insurance policy shall name the City of Andover as an additional insured and
shall provide for the following minimum coverages as stated in Minnesota Statute
Section 466.04.
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.
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No person may 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 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.
S,ection 10. Granting of License.
No liquor license of any kind, shall be issued until the City has conducted an
investigation of the representations set forth in the application. All applicants must
cooperate with this investigation.
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 and fifty (350) feet ofthe 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, butthe City
Council may at its option, hold a public hearing.
After investigation and hearing, the City Council shal!,atitsdiscretion, 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
consu..rnption 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, and the name under which the licensee will
conduct the business.
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 (25) percent 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
ground for revocation or suspension of the license. In addition, each day the license
8
operates under the license after a transfer has taken place without obtaining City Council
approval shall be a separate violation of this ordinance.
Section 11. Conditions of License.
Every license is subject to the following conditions, all other provisions of this ordinance,
and any other applicable regulations, or State law:
1) 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
ordinance equally with the employee, except criminal penalties;
2) 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.
3) Every licensee shall allow any peace officer, health officer, or property designated
officer or employee of the City to enter, inspect, and search the premises of the
license at reasonable hours without a warrant;
4) No licensee shall possess a Federal Wholesale Liquor Dealer's Special Tax Stamp
or a Federal Gambling Stamp;
5) No person shall consume any intoxicating or non-intoxicating liquor on any
licensed premises more than thirty (30) minutes following the time established by
law for cessation of the sale ofliquor. 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.
6) In the event of a 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.
7) Persons holding "on-sale" or "on-sale wine" licenses, in addition to being subject
to the requirements of this ordinance, 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
9
violation of this ordinance, resulting in a mandatory minimum civil offense of
$100.00 per day.
8) 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.
9) No licensee shall sell or permit the consumption of alcoholic beverages except in
compliance with the hours established in Minnesota Statute Section 340A.504.
10) 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.
11) Each "on-sale" and "on-sale wine" license shall have lhecolltinuing obligation to
comply with all State and local health and food~handlingregulations. Atthe time
of application for any new or renewed license the City Council may review (if
deemed necessary) the establishment's healih 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" or "on-sale wine" licensee on probationary
status for up to one (1) 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, fuld shall be subject to other conditions
which the City Council may impose.
Section 12. Minors and Other Prohibited Persons.
1) 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, for the
purpose to any minor person, to any intoxicated person, or to any person to whom
this is prohibited by Minnesota Statute 340A.503, Subd. 2.
2) 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.
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3) It shall be unlawful for any person to misrepresent or mistake 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 license, to sell, serve or deliver any liquor to a
mmor.
4) It shall be unlawful for a minor to have in his or her possession any liquor, with
intent to consume the sanle at a place other than the household of his or her parent
or guardian. Possession ofliquor at a place other than the household of the
minor's parent or guardian shall be a prima facie evidence of intent to consume
the same at a place other than the household of his or her parent or guardian.
Section 13. 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 a finding that
the license of an agent or employee of the licensee has failed to comply \vith 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
Statute Section 14.57 to 14.70.
SectiQn 14. Pe~
Except as otherwise provided by State law, any person violating any provision of this
ordinance shall be subject to the penalties established inthisordinance..Any fine or
sentence imposed shall not affe,t 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 day of August, 1997.
ATTEST:
CITY OF ANDOVER
L~dLb
Victoria V olk, City Clerk
11
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. 235A
AN ORDINANCE AMENDING ORDINANCE NO. 235, AN ORDINANCE
REGULATING THE LICENSING AND CONSUMPTION OF INTOXICATING
LIQUOR WITHIN THE CITY OF ANDOVER AND PROVIDING PENAL TIES FOR
VIOLATION THEREOF.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 235 is hereby amended as follows and Section 9 shall hereby be replaced
with the following language:
Section 9. Financial Resllonsibilitv.
1. Liability Insurance Required: Every application for a license shall be accompanied by
evidence of adequate financial responsibility for liability provided as follows:
a. Liability Insurance Policy - General. A liability insurance policy which shall name
the City of Andover as an additional insured and shall provide for the minimum
coverages as stated in Minnesota Statute, Section 466.04.
b. Liability Insurance Policy - Liquor. A liability insurance policy imposed by
Minnesota Statute Section 340A.80 1 which shall name the City of Andover as an
additional insured and shall provide for the following minimum coverages:
1. $50,000 for bodily injury to anyone person in anyone occurrence, $100,000
for bodily injury to two or more persons in anyone occurrence, & $10,000
for injury to or destruction of property of others in anyone occurrence,
$50,000 for loss of means of support of anyone person in anyone
occurrence, and $100,000 for loss of means of support of two or more
persons III anyone occurrence.
This subdivision does not prohibit an insurer from providing the coverage
required by this subdivision in combination with other insurance coverage.
Page Two
Ordinance No. 235A
December 16, 1997
c. Other Forms of Proving Financial Responsibilitv. The applicant or licensee may
substitute one of the following as proof of financial responsibility to the
requirements of subpart b of this Section:
1. A bond of a surety company with minimum coverages as provided in subpart
b of this Section.
2. A certificate of the State Treasurer that the licensee has deposited with the
State Treasurer $100,000 in cash or securities which may legally be
purchased by savings banks or for trust funds having a market value of
$100,000.
2. Exemption. This Section does not apply to establishments exempt from financial
responsibility requirements by Minnesota Statute, Section 340AA09, Subd. 4.
3. 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 license, insurance company, bond
company, or State Treasurer without first giving thirty (30) days' notice to the City of
. Andover 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
notice(s) must be addressed to the City Clerk.
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.
Adopted by the City Council of the City of Andover this 16th day of December. 1997.
A TTj:ST: .
fluL:;~ t!/b
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 235 SUMMARY
AN ORDINANCE REGUALTING THE LICENSING, SALE AND CONSUMPTION
OF INTOXICATING LIQUOR WITHIN THE CITY OF ANDOVER AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900,
and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
Policy
The City finds it necessary to adopt an ordinance that regulates the licensing, sale and
consumption of intoxicating liquor in the City of Andover.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designees shall have the authority to enforce the
provisions of this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum
requirements and shall be liberally construed in the favor of the governing body and shall
not be deemed a limitation or repeal of any other powers granted by State Statutes.
Abrogation and Greater Restrictions
It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement,
covenants or deed restrictions. However, where this ordinance imposes greater
restrictions, the provisions of this ordinance shall prevail. All other ordinances
inconsistent with this ordinance are hereby repealed to the extent of the inconsistency
only.
A printed copy of this ordinance is available for inspection by any person during regular
office hours of the City Clerk and at the Andover Branch of the Anoka County Library.
Adopted by the City Council of the City of Andover on this 12th day of AUllust, 1997.
ATTEST:
CITY OF ANDOVER
/L~~ bL
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE. NO. 235B
AN ORDINANCE AMENDING ORDINANCE NO. 235, REGULATING THE LICENSING,
SALE AND CONSUMPTION OF INTOXICATING LIQUOR WITHIN THE CITY OF
ANDOVER AND PROVIDING PENALITIES FOR VIOLATION THEREOF.
The City Council of the City of Andover hereby ordains:
Ordinance No. 235 is hereby amended as follows:
8eeti6ft 14. Pemdty.
Except as othcrvlise pro' tided ey State la'N, fifty p0f'SOfl. -,riolatiflg MY prevision afthis 61'difta:nee
shall ee sabjeet to the pcnalties established ifl 1:his ordina:nce. ,'.flY fine or SefttCfl.ee imposed
shall not affect 1:he right of the City ta suspend or ro','oke the liceftse ofilie lieefl.see as the City
Couneil deems appi'6flriate.
Section 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 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 15. Penalty.
Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished as defmed by State law. Any fme 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 day of June
,2001.
CITY OF ANDOVER
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Ke eth D. Orttel- Acting Mayor
ATTEST:
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Victoria VoIk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 235C
AN ORDINANCE AMENDING ORDINANCE 235 ESTABLISHING LIMITATIONS
FOR OFF-SALE LIQUOR LICENSES.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
ORDINANCE 235 IS AMENDED AS FOLLOWS:
Note: (Underlining is proposed amendment)
Section 4. Intoxicating Liquor Licenses.
3) "Off-sale" licenses may be issued only to exclusive liquor stores and shall permit
"off-sales" of intoxicating liquor and non-intoxicating 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 6.000 residents. based on current estimated
population.
Adopted by the City Council of the City of Andover this 7th day of May, 2002.
CITY OF ANDOVER
Attest:
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Victoria V olk - City Clerk
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 235D
AN ORDINANCE AMENDING ORDINANCE NO. 235, REGULATING THE
LICENSING, SALE AND CONSUMPTION OF INTOXICATING LIQUOR.
The City Council of the City of Andover hereby ordains:
Ordinance No. 235 is amended as follows:
Section 1. Provisions of State Law Adopted
No sale of intoxicating liquor for consumption on the licensed premises (on-sale) may be
made (1) between 1 :00 am and 8:00 am on the dayS of Monday through Saturday: or (2)
after 1 :00 a.m. on SundayS except as authorized by an approved Sunday on-sale liquor
license.
Section 15. 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. Any fine or
sentence imposed shall not affect the right of the city to suspend or reyoke the license of
the licensee as the City Council deems appropriate.
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 shall levy a penalty
against the establishment. Penalties are as listed in Ordinance 260. Said penalty shall be
paid to the City Treasurer within ten (10) days of notification of the penalty.
Adopted by the City Council ofthe City of Andover this 1st day of Ju1y. 2003.
CITY OF ANDOVER
Attest:
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Victoria V olk - City Clerk