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HomeMy WebLinkAboutOrd. 404 - Amendment 3-1 Liquor License/Summary CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 404 AN ORDINANCE AMENDING CITY CODE TO ALLOW ON SALE LIQUOR LICENSES AS A CONDITIONAL USE IN THE NEIGHBORHOOD BUSINESS ZONING DISTRICT, ELlMINATIING MINIMUM DISTANCES FROM CHURCHES AND SCHOOLS AND ADDING LANGUAGE FOR REVIEW OF PROPOSED LOCATIONS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 3: BUSINESS AND LICENSE REGULATIONS CHAPTER 1: LIQUOR CONTROL 3-1-1: STATE LAW ADOPTED: The provisions of Minnesota Statutes Chapter 340A, commonlv 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: Anv beer, ale, or other beverage made from malt bv fermentation and containing not less than one-half of one percent (0.5%) alcohol bv 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 maior purpose of the club. CHURCH: A building, together with its accessory buildings and uses, where persons regularlv assemble for religious worship and which building, tOQether - - - -- with its accessory buildin~s and uses, is maintained and controlled by a reli~ious body or~anized to sustain public worship. 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 a~e established by Minnesota Statutes Section 340A.503. PACKAGE: A sealed or corked container of alcoholic beveraae. PERSON: An individual. partnership, association, corporation, or club. PUBLIC PROPERTY: Land owned by a municipal, county, state or other ~overnmental unit. RESTAURANT: Shall have the meanina aiven to the term by Minnesota Statutes Section 340A.1 01 , Subdivision 25. SALE AND PURCHASE: Include all barters, ~ifts, sales and any other means used to obtain or furnish alcoholic beveraaes. (Amended Ord. 235, 8-5-1997) SCHOOL: For the purposes of this ordinance, school shall mean a public, private, or charter school providin~ elementary, middle or hi~h school a~e curriculums. " ARTICLE A. 3.2 PERCENT MALT LIQUOR SECTION: 31/\ 1 : State La'.'! .^,dopted 3 1/\ 2: Definitions 3-1A- ~1: License Required; Types Of Licenses 3-1A- 46: Ineligibility For License 3-1A- ~~: Application For License 3-1A- e1;: Insurance Requirements 3-1A- +~: Payment Of License Fee; Refunds 3-1A- g2.: Investigation Of Applicant; Grant Of License 3-1A- .QZ: Term Of License; Renewals 3-1A-W!!: Non-transferability Of License Or Location 3-1 A--4-4,!!: Temporary On-Sale License 3-1A~10: Compliance Checks And Inspections 3-1A-4J.11: Hours Of Sale 3-1A-4412: Suspension/Revocation/Civil Penalty 3-1A--t-a13: Violation; Penalty 3 1/\ 1: ST.^.TE LAW I\DOPTED: The provisions of Minnesota Statutes Chapter 340/\, commonly known as the) Liquor /\ct, arc adopted nnd made part of this article as if set out in full. Vllhene':er there is an inconsistency bet\,:e)en the provisions of Minnosota StatuteD Ch3pter 340.^. and the provisions of this article, the morc restrictive shall govern. (.^,mended Ord. 213, 5 6 1997) 3 1.^. 2: DEFINITIONS: In addition to the definitions set forth in Minnesota Statutes Chapter 340.^., the follO\\'ing 'Nords are defined for the purpose of this article: BON/\ FIDE CLUB: .^.n incorporated organization for social or business purposes or for intellectunl imprO'.rement or for the promotion of sports, where the serving of 3.2 percent malt liquor is incidental to nnd not the major purpose of the club. P/\CK/\GE: ^ senled or corke)d container of alcoholic beverage. PERSON: /\n individunl, partnership, association, corporation, or €l-OO-: PUBLIC PROPERTY: Land o'Nned by a municipal, county, stnte or other go'.:ernmental unit. 3.2 PERCENT M/\L T F! LIQUOR: Any beer, 31e, or other beverage m3de from malt by ferment3tion 3nd cont3ining not less th3n one half of one percent (0.5%) 31cohol by volume. (/\mended Ord. 213, 56 1997; 3md. 2003 Code) 3-1A-d1: LICENSE REQUIRED; TYPES OF LICENSES: As part of a commercial transaction. Nno person (with the exception of wholesalers and manufacturers, to the extent authorized by law) shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, within the city any 3.2 percent malt liquor without first having received a 3.2 percent malt liquor license. The City Council may issue the following types of 3.2 percent malt liquor licenses: A. On-Sale Licenses: Retail on sale licenses obtained pursuant to this article shall permit the licensee to sell 3.2 percent malt liquors for consumption on the licensed premises and shall be issued only to restaurants, hotels, bona fide clubs and establishments used exclusively for the sale of 3.2 malt liquors with the incidental sale of tobacco and soft drinks. B. Off-Sale Licenses: Retail off-sale licenses obtained pursuant to this article shall permit the licensee to sell 3.2 percent malt liquors in packages for consumption off the premises only. C. Temporary On-Sale Licenses: Temporary on-sale licenses obtained pursuant to this article shall be issued to a bona fide club or charitable, religious or nonprofit organization for a specified time period. (Amended Ord. 213, 5-6-1997; amd. 2003 Code) 3-1A-4~: INELIGIBILITY FOR LICENSE: On-Sale License; Locations Prohibited: No on-sale license shall be granted for any place within one thousand foet (1,000') four hundred feet (400') of any public or private school nor within four hundred feet (400') of any church, the measurement being from building corner to building corner. This restriction shall not applv to churches or schools located in the Limited Business. Neighborhood Business. General Business. or Industrial Zoninq Districts. (Ord. 301, 10-5-2004) B. Delinquent Taxes Or Assessments: No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the city are delinquent and unpaid. (Amended Ord. 213, 5-6-1997) 3-1A--a~: 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) 3-1 A-e4: 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 340AA09, Subdivision 1. This provision shall not apply to establishments exempt from financial responsibility requirements by Minnesota Statutes Section 340A.409, Subdivision 4. B. A liability insurance policy shall name the City as an additional insured. The limits of such policy shall comply with the liability limits as stated in Minnesota Statutes. C. The liability policy must provide that it may not be canceled for any cause either by the insured or the insurance company without first giving ten (10) days' notice to the city, in writing, of that intention. The policy must also provide that any amount paid by the insurance company as a result of a claim will not reduce the coverage available to pay subsequent claims. D. No person may operate any business or conduct any activities requiring a 3.2 percent malt liquor license from the city without having in effect, and evidence on file with the city of, the financial responsibility required by this section. The failure to have the financial responsibility in effect and/or on file shall be grounds for immediate revocation or suspension of a license. (Amended Ord. 213,5-6-1997; amd. 2003 Code) 3-1A--7.Q: PAYMENT OF LICENSE FEE; REFUNDS: Each application for a license shall be accompanied with a receipt from the City Finance DirectorlTreasurer 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 DirectorlTreasurer shall refund the amount paid. (Amended Ord. 213, 5-6-1997; amd. 2003 Code) 3-1A~~: 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-9I: 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-W,!!: 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-4-1-~: TEMPORARY ON SALE LICENSE: 1 See section 1-7-3 of this code for fees. 1 See subsection 1-7-3A of this code. A. Conditions Of License: The City Council may issue temporary on-sale 3.2 percent malt liquor licenses to a bona fide club or charitable, religious, or nonprofit organization. These licenses are subject to the following: 1. Application: Submission of a completed application to the City Clerk at least thirty-(30) days in advance of the event for which the license is requested. 2. Insurance: Submission of evidence of insurance, with the same coverage limits and provisions as are required for the issuance of an on-sale or off-sale license for an establishment with sales of 3.2 percent malt liquor, of ten thousand dollars ($10,000.00) or more per year. 3. License Fee: Payment of license fee as established by ordinance 1. 4. Emergency Contacts: Submission of a list of responsible persons who may be contacted immediately in case of an emergency. Those persons must be residents of the Twin Cities metropolitan area as defined by Minnesota Statutes Section 473.121, Subdivision 2. At least one person of the listed persons must be present on the licensed premises during all hours of sale. 5. Other Conditions: The City Council may impose other reasonable conditions. B. Term Of License: Temporary on-sale 3.2 percent malt liquor licenses may be issued for a specified period of time, not to exceed three (3) consecutive days, unless the approval for an extended time period is granted by the City Council. C. Public Location: These licenses may be issued for an event to take place on public property. (Amended Ord. 213, 5-6-1997; amd. 2003 Code) 3-1A42:10: 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 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) 3-1A4311: HOURS OF SALE: No sale of 3.2 percent malt liquor shall be made between the hours of one o'clock (1 :00) AM. and eight o'clock (8:00) AM. 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. 213B, 7-1-2003) A Sales After One O'Clock AM.; Special License: 1. State Permit Required: No licensee may sell 3.2 percent malt liquor between the hours of one o'clock (1 :00) AM. and two o'clock (2:00) AM. unless the licensee has obtained a permit from the Commissioner pursuant to Minnesota Statutes Section 340A504, Subdivision 7. 2. Days Permitted: Two o'clock (2:00) AM. closing licenses shall be issued only to allow sales until two o'clock (2:00) AM. 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) AM. (Ord. 296, 7-20- 2004) 3-1A-4412: SUSPENSION/REVOCATION/CIVIL PENALTY: The City Council may either suspend for up to sixty (60) days or revoke any 3.2 percent malt liquor license or impose a civil fine not to exceed two thousand dollars ($2,000.00) for each violation upon finding that the licensee or agent or employee of the licensee has failed to comply with any applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes Sections 14.57 to 14.69. (Amended Ord. 213, 5-6-1997; amd. 2003 Code; Ord. 213B,7-1-2003) In addition to the remedies and penalties set forth in this article, in the event an establishment fails an alcohol compliance check, the City Council shall levy a penalty against the establishment. Penalties are as listed in Section 1-7-3 of this code. Said penalty shall be paid to the City Treasurer within ten (10) days of notification of the penalty. (Ord. 2138, 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. 2138, 7-1-2003) CHAPTER 1 LIQUOR CONTROL ARTICLE B.INTOXICATING LIQUOR SECTION: 3 18 1: Stato L3'N Adopted 318 2: Definitions 3-18-31: License And Permit Required 3-18-4~: Eligibility And Ineligibility For License 3-18-a~: Application For License Or Permit 3-1B-e~: Financial Responsibility 3-1B-72: License And Permit Fee 3-1 B- g,2: Types Of Licenses And Permits; Exemptions 3-1 B- 9Z: Investigation Of Applicant; Grant Or Denial Of License 3-1B-W!!: Expiration Of Licenses And Permits; Renewals 3-1B+t-~: Non-transferability Of License 3-1B~10: Conditions Of License And Permit 3-1B4311 Sunday Sales 3-1B4412: Minors 3-1B-t-a13: Sales To Certain Persons Prohibited 3-1B-1-e14: Compliance Checks And Inspections 3-1 B--1-715: Suspension Or Revocation Of License; Penalties 3181: STATE LAW ADOPTED: Tho provisions of Minnesota Statuto!> Chapter 310/\, commonly known 3S tho Liquor /\ct, mo adopted 3nd mado part of this articlo as if sot out in full. 'JI!henever thoro is an inconsistency bet\.'Veon tho provisions of Minnesota Statutes Chapter 310/\ 3nd the provisions of this article, tho more rostrictive sh311 gO'/orn. (/\mondod Ord. 235, 8 5 1997) 3 182: DEFINITIONS: LICENSE: Sh:J1I 31so include a permit for consumption 3nd dispby, un loss otherv:ise indicated. LICENSEE: Any person to whom a Iicenso has boon issuod undor tho provisions of this :Jrticle. MINOR: Any person under the age ostablished by Minnosot:J Statutos Soction 310/\.503. PERSON: .A,ny individual, partnership, association, corporation, or club. RESTAURANT: Shall have the me3ning given to tho torm by Minnesota Statutes Section 340/\.101, Subdivision 25; except, that these establishments chall have facilities for soating not fewer than one hundred (100) guests at one time f-or on sale intoxicating liquor licenses. S.^.LE J\N D PURCH.^.SE: Include all barters, gifts, sales and ::my other means used to obtain or furnish alcoholic beverages. (Amended Ord. 235, 8 5 1997) 3-1 B-J1: 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-4~: ELIGIBILITY AND INELIGIBILITY FOR LICENSE: A. A license shall be issued only to a person who is: 1. Eligible for a license under Minnesota Statutes Section 340A.402; and 2. A proprietor of the establishment for which the license is sought. B. No license shall be issued to a person who is: 1. Ineligible under state law; or 2. Not the real party in interest or beneficial owner of the business operated under the license. C. No license shall be issued for any place or any business ineligible for a license under state law. D. 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 thil? 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 anyon-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 offood. (Amended Ord. 235,8-5-1997; amd. 2003 Code) F. No license shall be granted for any place located within one thous::md f-oot (1,000') four hundred feet (400') of any public or private school nor within four hundred feet (400') of any church, the measurement being from building corner to building corner. This restriction shall not applv to churches or schools located in the Limited Business. Neiqhborhood Business. General Business. or Industrial Zoninq Districts. (Ord. 301, 10-5-2004) 3-1 B--5~: 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 addresses and all information as is required for a single applicant. 15. The floor number and street number where the sale of alcoholic beverages is to be conducted and the rooms where the beverages are to be sold or consumed. An applicant for an on-sale license shall submit a floor plan of the dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of the rooms. 16. The amount of the investment that the applicant has in the business, land, building, premises, fixtures, furniture, or stock in trade, and proof of the source of the money. Whenever the application for an on sale license or for a transfer thereof is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of the preliminary plans showing the design of the proposed premises to be licensed. If the plans are on file with the 'city, no further plans need to be filed. 17. A list of responsible persons, including the names of owners, managers and assistant managers, who may be notified or contacted by the state or city employees in case of emergency. 18. Other information that the City Council deems appropriate. B. False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. C. Changes In Information: Each licensee shall have the continuing duty to properly notify the City Clerk of any changes in the information or facts required to be furnished on the license application. This duty shall continue throughout the period of the license, and failure to comply with this section shall constitute cause for revocation or suspension of the license. (Amended Ord. 235, 8-5-1997) 3-1 B-e4: 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 anyone person in anyone occurrence; one hundred thousand dollars ($100,000.00) for bodily injury to two (2) or more persons in anyone occurrence; and ten thousand dollars ($10,000.00) for injury to or destruction of property of others in anyone occurrence; fifty thousand dollars ($50,000.00) for loss of means of support of anyone person in anyone 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-+.Q: 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 1. 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-8,2: TYPES OF LICENSES AND PERMITS; EXEMPTIONS: A. Types Of Licenses And Permits: The City Council may grant the following types of intoxicating liquor licenses: 1. On-Sale Licenses: On-sale licenses may be issued only to hotels, clubs, and restaurants. A license shall be issued only in conjunction with the serving of food and to establishments that have facilities for serving at least one hundred (100) guests at one time. 2. On-Sale Wine Licenses: On-sale wine licenses may be issued to restaurants for the sale of wine not exceeding fourteen percent (14%) alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. 3. Off-Sale Licenses: Off-sale licenses may be issued only to exclusive liquor stores and shall permit off-sale of intoxicating liquor and 3.2 percent malt liquor. As an incident to these sales, ice, soft drinks and all forms of tobacco may also be sold. The city shall issue a limited number of off-sale licenses based on population. The number of licenses shall be limited to one for each six thousand (6,000) residents, based on current estimated population. 4. Sunday Sales: Sunday sales licenses may be issued only to a hotel or restaurant to which an on-sale license has been issued. No Sunday sales license is needed for on-sale wine licenses. Except in the case of on-sale wine licenses, no Sunday sales of intoxicating liquor shall be made without a license for Sunday sales. 5. Consumption And Display Permit: A consumption and display permit may be issued to a bottle club which complies with the requirements of Minnesota Statutes Section 340A.414 and which has obtained a permit from the Commissioner of Public Safety. No bottle club may operate in the city without first obtaining a permit from the city. B. Exemptions: 1. Any person holding an on-sale intoxicating liquor license may sell 3.2 percent malt liquor at on-sale without obtaining a 3.2 percent malt liquor license as required by the city. 1 See subsection 1-7-3A of this code. 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. ^ person holding ::m on s::lIe 'Nine license 't:ho is also licensed to sell 3.2 percent malt liquor 3t on s3le, 3nd '""hose gross receipts are 3t least sixty percent (60%) attribut3ble to the sale of food, may sell intoxic3ting liquor at on s31e 't.'ithout an 3ddition31 on Gale license. (.^,mended Ord. 235, 8 5 1997; amd. 2003 Code) 3-1 B-91.: INVESTIGATION OF APPLICANT; GRANT OR DENIAL OF LICENSE: A. All applications for a license shall be referred to the Anoka County Sheriff's Office and to other City Departments as the City Clerk shall deem necessary for verification and investigation of the facts set forth in the application. The Anoka County Sheriff's Office shall cause to be made such investigation of the information requested in Title 3, Chapter 3-1 B-5 as shall be necessary and shall make a written recommendation and report to the City Council which shall include a list of all violations of Federal or State Law or Municipal ordinance. The City Council may order and conduct such additional investigation as it shall deem necessary. (Amd. Ord. 368, 4-15-08) B. Issuance Of License; Hearing Required: No license shall be issued until the City Council has held a public hearing in accordance with the following: 1. For all licenses and consumption and display permits, a public hearing shall be held at a City Council meeting. All property owners and occupants located within three hundred fifty feet (350') of the proposed location shall be notified at least ten (10) days prior to such hearing. 2. At the public hearing, all persons interested in the matter shall be heard. No hearing shall be required for a renewal of a license, but the City Council may, at its option, hold a public hearing. (Amended Ord. 235, 8-5-1997) C. Grant Or Denial Of License: After investigation and hearing, the City Council shall, at its discretion, grant or deny the application. Each application shall require a majority vote by the City Council for approval. No on-sale wine license, off-sale license, club on-sale license, or consumption and display permit shall become effective until it, together with the security furnished by the applicant, has been approved by the Commissioner of Public Safety. Within ten (10) days of issuing an on-sale license, the city shall submit to the Commissioner of Public Safety the full name and address of each person granted a license, the effective date of the license, the expiration date of the license, and the name under which the licensee will conduct the business. (Amended Ord. 235,8-5-1997; amd. 2003 Code) 3-1 B-W~: 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) 3-1B44,!!: NONTRANSFERABILlTY 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 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) AM. and eight o'clock (8:00) AM. 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 AM.; Special License: --- -- -- a. State Permit Required: No licensee may sell intoxicating liquor between the hours of one o'clock (1 :00) AM. and two o'clock (2:00) AM. unless the licensee has obtained a permit from the Commissioner pursuant to Minnesota Statutes Section 340A504, Subdivision 7. b. Days Permitted: Two o'clock (2:00) AM. closing licenses shall be issued only to allow sales until two o'clock (2:00) AM. 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) AM. (Ord. 296, 7-20- 2004) F. Consumption And Presence After Hours: No person shall consume any intoxicating liquor or 3.2 percent malt liquor on any licensed premises more than thirty (30) minutes following the time established by law for cessation of the sale of liquor. No person, except an employee of the licensed establishment, shall remain on the premises or site more than thirty-(30) minutes following the time established by law for cessation of the sale of liquor. (Amended Ord. 235, 8-5-1997; amd. 2003 Code) G. Possession And Consumption In Certain Areas Of Premises: No person shall possess open containers of alcoholic beverages or consume alcoholic beverages on the premises under the licensee's control outside of the licensed structure or in any area of the licensed premises which was not designated for these activities in the license application. H. Death Of Licensee: In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed ninety (90) days after the death of the licensee. I. Gambling: The licensee shall not keep, possess, or operate or permit the keeping, possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control, to be used for any illegal purpose. Notwithstanding the above, gambling licensed and permitted by the Minnesota Charitable Gambling Board is allowed, and sales sponsored by the Minnesota State Lottery may be made at any licensed establishment. J. On-Sale And On-Sale Wine Licenses: 1. Report Of Premises Changes: Persons holding on-sale intoxicating liquor or on- sale wine licenses, in addition to being subject to the requirements of this article, shall report any internal change to the licensed premises which materially enlarges, expands, reconfigures, or alters the size of the area connected with the consumption of liquor or the type of service offered by the establishment, prior to the beginning of work. This report shall be made to the City Clerk for review by the City Council and may result in altering the terms under which the license is granted. No work shall be done nor city permits issued for the work until the change is approved by the City Council. Each day the licensee operates under the license after beginning construction of the changes and before obtaining City Council approval shall constitute a separate violation of this article, resulting in a mandatory minimum civil offense of one hundred dollars ($100.00) per day. 2.' 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 anyon-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) 3-1B~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) 3-184412: 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) 3-1B~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 B4e14: 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) 3-1B4715: SUSPENSION OR REVOCATION OF LICENSE; PENAL TIES: 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) CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES Zoning Districts R-1 R-2 R-3 R-4 R-5 M-1 M-2 GR LB NB SC GB I Liquor Licenses C C C C Liquor license. On Sale Wine ~ C C C Liquor Stores, Off Sale C C Adopted by the City Council of the City of Andover on this 18th day of January, 2011. CITY OF ANDOVER ATTEST: ~ilir~ Mi helle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 404 SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 3-1 LIQUOR CONTROL AND CITY CODE 12- 12 PERMITTED, CONDITIONAL, AND PROHIBITED USES STATUTORY AUTHORIZATION AND POLICY Statutory Authorization - This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy - The purpose of these regulations is to protect the public health, safety and welfare by establishing regulations and locations for businesses with liquor licenses. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction - The provisions of this ordinance shall apply to the City of Andover. Enforcement -The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation - Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor ofthe governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 18th day of January, 2011. ATTEST: CITY OF ANDOVER i ..- . dAt1 't;y,&tu {Cr . ~ . Michelle Hartner, Deputy City Clerk