HomeMy WebLinkAbout1999-04 Recodifying Section 900 LiquorEDINA ORDINANCE NO. 1999-4
AN ORDINANCE ALLOWING ISSUANCE
OF ON -SALE INTOXICATING LIQUOR LICENSE
AND RECODIFYING SECTION 900 OF THE
EDINA CODE OF ORDINANCES.
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. Section 900 of the City Code is hereby amended to read as follows:
Section 900 - Sale of Liquor and Wine; Licensing
900.01 Definitions. Unless the context otherwise clearly indicates, the following terms
shall have the stated meanings:
Bar. A counter or similar kind of place or structure at which wine or liquor is served.
Commissioner. The State Commissioner of Public Safety.
Cafe. See definition of "restaurant" in this Subsection.
Club. Any corporation duly organized under the laws of the State for civic, fraternal,
social or business purposes, or for intellectual improvement, or for the promotion of
sports, which shall have more than 50 members, and which for more than one year
shall have owned, hired or leased a building or space in a building of such extent and
character as may be suitable and adequate for the reasonable and comfortable
accommodation of its members, and whose affairs and management are conducted by a
board of directors, executive committee, or other similar body chosen by the members
at a meeting held for the purpose, none of whose members, officers, agents or
employees are paid, directly or indirectly, any compensation by way of profit from the
distribution or sale of beverages to the members of the club or to its guests, beyond the
amount of such reasonable salary or wages as may be fixed and voted each year by the
directors or other governing body.
Food Establishment License. A license issued by the City under the provisions of
Section 720 of this Code.
Hotel. An establishment where food and lodging are regularly furnished to transients
and which has a dining room serving the general public at tables and having facilities
for seating at least 30 guests at one time, and at least 50 guest rooms.
Intoxicating Liquor. Ethyl, alcohol, and distilled, fermented, spirituous, vinous and
malt beverages containing in excess of 3.2 percent of alcohol by weight.
Intoxicating Malt Liquor. Any beer, ale or other beverage made from malt by
fermentation and containing more than 3.2 percent of alcohol by weight.
Ordinance No. 1999-4
Page 2
License. A license granted pursuant to this Section.
Licensed Premises. The area shown in the license application as the place where wine
or liquor will be served or consumed.
Liquor. 3.2 percent malt liquor, intoxicating liquor, and intoxicating malt liquor.
Meal. Entrees and sandwiches offered on a restaurant menu.
Off -Sale. Retail sale in the original package for consumption away from the premises
only.
On -Sale. Sale for consumption on the premises only.
Original Package. Any container or receptacle holding liquor, in which the liquor is
corked or sealed at the place of manufacture.
Restaurant. An establishment, under control of a single proprietor or manager,
having appropriate facilities for serving meals and where in consideration of payment,
meals are regularly served at tables to the general public, and which employs an
adequate staff to provide the usual and suitable service to its guests, and which has a
seating capacity for not fewer than 30 guests at one time.
Sale, Sell, Sold. All barters, exchanges, gifts, sales, and other means used to obtain,
dispose of, or furnish any liquor or wine or any other beverage, directly or indirectly,
as part of a commercial transaction, in violation or evasion of the provisions of this
Section, but does not include sales by State licensed liquor wholesalers selling to
licensed retailers.
State Established Legal Drinking Age. For purposes of this Section, the State
established legal age for consumption of liquor and wine is 21 years of age.
3.2 Percent Malt Liquor. Any potable beverage with an alcoholic content of more
than one-half of one percent by volume and not more than 3.2 percent by weight.
Wine. Vinous beverage created by fermentation.
900.02 Off -Sale Limited to Municipal Liquor Stores; Dispensary Established. No
intoxicating liquor, intoxicating malt liquor or wine shall be sold, or caused to be sold at off -
sale within the City by any person, or by any store or establishment, or by any agent or
employee of such person, store or establishment, except by the City and on the premises in the
City occupied by the municipal liquor dispensary. There is hereby established a municipal
liquor dispensary for the off -sale of liquor and wine. The dispensary shall be located at such
suitable places in the City as the Council determines by resolution.
Subd. 1 Management and Control. The dispensary shall be under the control of
the Manager. The Manager may appoint employees as deemed necessary to operate the
dispensary in full compliance with this Section and State Law. No person under the
State established legal drinking age shall be employed in the dispensary.
Ordinance No. 1999-4
Page 3
Subd.2 Surety Bond. The Manager may require persons employed in the
dispensary to furnish a surety bond to the City in the same manner as prescribed by
Subsection 115.12 of this Code.
Subd. 3 Hours of Operation. Subject to the requirements of M.S. 340A.504, the
hours of operation of the dispensary shall be established by resolution of the Council.
Subd. 4 Manner of Conducting Sales. All restrictions as to the manner of
conducting sales as set forth in Subsection 900.07 shall apply to the municipal liquor
dispensary.
900.03 License Required. No person, except wholesalers or manufacturers to the extent
authorized by law, directly or indirectly, upon any pretense or by any device, shall sell at off -
sale any 3.2 percent malt liquor or at on -sale any 3.2 percent malt liquor, intoxicating malt
liquor, wine or intoxicating liquor without first having obtained a license.
900.04 License Types. Licenses shall be of nine types:
A. On -Sale Club Liquor License - permits the on -sale of liquor and wine at qualifying
clubs. Only establishments possessing an On -Sale Club License on December 31,
1998, shall be eligible for receiving an On -Sale Club Liquor License pursuant to this
Section.
B. On -Sale Intoxicating Liquor License - permits the on -sale of liquor and wine at
qualifying hotels and restaurants. A qualifying hotel with multiple points of liquor sale
and service within the hotel may operate under a single On -Sale Intoxicating Liquor
License provided that the sale of food and liquor is under the exclusive ownership and
control of the licensee. Any restaurant or other facility serving liquor within a hotel
which operates under separate ownership or control shall be considered a distinct entity
for purposes of this Section.
C. Off -Sale 3.2 Percent Malt Liquor License - permits the off -sale of 3.2 percent malt
liquor at certain retail establishments.
D. On -Sale 3.2 Percent Malt Liquor License - permits the on -sale of 3.2 percent malt
liquor at certain retail establishments.
E Wine License - permits the on -sale of wine at qualifying hotels and restaurants.
(Intoxicating malt liquor may be sold on premises holding both a 3.2 percent malt
liquor on -sale license and a wine license.)
F. Temporary On -Sale Intoxicating Liquor License - permits the on -sale of wine and
intoxicating liquor at the Edina Foundation Ball. No more than one such license shall
be issued during each calendar year.
G. Temporary On -Sale 3.2 Percent Malt Liquor License - permits the on -sale of 3.2
percent malt liquor at events sponsored by certain organizations. Not more than four
Ordinance No. 1999-4
Page 4
such licenses shall be issued to any one location in a calendar year with at least 30 days
between issue dates. Each license shall be issued for three consecutive days only.
H. Sunday On -Sale License - permits the on -sale of intoxicating liquor on Sunday.
Only persons holding an On -Sale Intoxicating Liquor License or an On -Sale Club
Liquor License may hold a Sunday On -Sale License
I. Manager's License - required for the individual or individuals in charge of a
premises holding an On -Sale Intoxicating Liquor License or a Wine License.
900.05 License Application; Renewal. An application for any license required by this
Section or the renewal of an existing license shall be made on forms provided by the Clerk.
The provisions of Section 160 of this Code, shall apply to all licenses required by this Section,
and to the holders of such licenses, except that licenses and renewals shall be granted or
denied in accordance with Subsection 900.06. All applications shall be accompanied by the
fees set forth in Subsection 900.07. Every license issued under this Section shall expire at
12:01 A.M. on April 1 following its date of issuance. Renewal applications shall be submitted
at least 60 days but not more than 150 days before expiration of the license, provided that the
renewal application for Manager's Licenses may be submitted 30 days before their expiration.
If, in the judgment of the Council as to off -sale and on -sale licenses, and in the judgment of
the Manager as to Manager's Licenses, good and sufficient cause for the applicant's failure to
apply for a renewal within the time provided is shown, the Council, or Manager, as the case
may be, may, if the other provisions of this Section are complied with, grant the license. In
addition to the application requirements provided in Section 160 of this Code, applicants shall
also provide the following:
A. The type of license the applicant seeks;
B. A description of the type of business to be transacted on the licensed premises;
C. Proof of financial responsibility with regard to liability imposed by M.S. 340A.801
in the manner and to the extent required by M.S. 340.A409. If the applicant claims
exemption from the requirements of said Statute, proof of exemption shall be
established by affidavit given by the applicant in form and substance acceptable to the
Clerk;
D. All forms and information required by the Police Chief, the Minnesota Department
of Public Safety and the Minnesota Department of Revenue;
E. Any affidavits of the applicant as required by the Clerk, on forms provided by the
Clerk, in support of the application;
F. Authorization to release information obtained in connection with the application;
G. A statement signed by the applicant stating that he or she has reviewed and
understands the pertinent provisions of this Section and State law;
Ordinance No. 1999-4
Page 5
H. In the case of an application for a Wine License, On -Sale Intoxicating Liquor
License or a Manager's License, the applicant shall provide evidence satisfactory to the
Clerk as to compliance with the requirements of Subd. 3 of Subsection 900.12 as to the
completion of an alcohol awareness program;
I. In the case of an application for a Wine License or On -Sale Intoxicating Liquor
License, the applicant shall provide evidence satisfactory to the Clerk as to compliance
with the requirements of Subd. 4 of Subsection 900.12 as to the percentage of food sold
on the licensed premises. This requirement shall be established by an affidavit of the
licensee on a form provided by the Clerk. The affidavit shall be given with each
application for issuance or renewal on a Wine License or an On -Sale Intoxicating
Liquor License, or at other times as the clerk may request. If the application is for the
renewal of a Wine License or an On -Sale Intoxicating Liquor License, the affidavit
shall also include the actual percentage of gross receipts attributable to the sale of food
during the immediately preceding 12 month period. The Clerk shall require that any
such affidavit be verified and confirmed, on a form provided by the Clerk, by a
Certified Public Accountant. Failure or refusal of a licensee to give such affidavit with
such application, or on request of the Clerk, or any false statement in any such
affidavit, shall be grounds for denial, suspension or revocation of all licenses held by
such licensee.
J. In the case of an application for a temporary on -sale 3.2 malt liquor license, the
applicant shall provide evidence satisfactory to the Clerk that the applicant complies
with the requirements of Subsection 900.08 as to being a qualified corporation or
organization;
K. Any other information deemed necessary by the Manager to undertake
consideration of the application.
900.06 Consideration of Application; Public Hearing. The provisions of Section 160 of
this Code shall apply to all licenses required by Subsection 900.04 and to the holders of such
licenses, provided that all licenses, except Manager's Licenses, shall be granted or denied by
the City Council and the Commissioner, if required by State law. The City Council shall
conduct a public hearing on the application for a new On -Sale Intoxicating Liquor License
within a reasonable period following receipt of a complete application and completion of the
investigation required by Subsection 900.05. A notice of the date, time, place and purpose of
the hearing shall be published once in the official newspaper not less than ten days before the
date of the hearing. After hearing the oral and written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future meeting. No
hearing shall be required for the renewal or the transfer of an On -Sale Intoxicating Liquor
license.
900.07 Fees.
Subd. 1 Application Fee. The annual license application fee shall be the amount
set forth in Section 185 of this Code. When a new Wine License or On -Sale
Intoxicating Liquor License is issued for a portion of a year, the annual license
application fee shall be prorated at the rate of one twelfth of the license fee per month
Ordinance No. 1999-4
Page 6
or portion of a month remaining in the license year at the time of application. The
annual license application fee for a Wine License or for an On -Sale Intoxicating Liquor
License may be refunded, less costs incurred by the City as determined by the Clerk, in
the event that the application is withdrawn by the applicant or denied by the Council.
Subd. 2 Refunds. A monthly pro -rata share of the annual license fee for a Wine
License or an On -Sale Intoxicating Liquor License issued pursuant to this Section may
be refunded, less the cost of issuance as determined by the Clerk, if:
A. The business permanently ceases to operate;
B. The license is transferred to a new licensee in accordance with Subsection
900.13 and the City receives a license fee for the remainder of the license term from
the transferee; or
C. A premises licensed to sell wine receives an On -Sale Intoxicating Liquor License
prior to the expiration of the Wine License. In this instance, a pro -rata share of the
Wine License fee may be refunded.
Subd.3 Investigation Fees. Upon application for a new or the transfer of an existing
Wine License or On -Sale Intoxicating Liquor License, the applicant shall deposit
$500.00 with the City for the investigation fee. If the investigation requires an out-of-
state investigation, an additional $2,000.00 shall be deposited before further processing
of the application by the City. The Clerk may from time to time require the deposit of
additional investigation fees up to the limits provided herein before further processing
of the application if the cost of investigation exceeds the amounts previously deposited.
The cost of the investigation shall be based on the expense involved, but in no event
shall it exceed $500.00 if the investigation is limited to the State or $10,000.00 if
outside the State. All deposited monies not expended on the investigation shall be
refunded to the applicant. All investigative expenses incurred in excess of the deposit
shall be paid prior to consideration of the license application by the Council.
Investigation fees for license renewal shall not exceed $200.00 unless there is a change
of ownership of more than 10% cumulatively over the then existing license period.
900.08 Persons Ineligible for License. The following restrictions apply to any applicant
who is a natural person, a general partner if the applicant is a partnership, or a corporate
officer if the applicant is a corporation. No license shall be granted to:
A. Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101, or any
manufacturer of 3.2 percent malt liquor, or to any person who has a financial interest,
directly or indirectly, in such manufacturer, brewer or wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United States or
any provision of State Law or this Code with regard to the manufacture, sale or
distribution of liquor.
Ordinance No. 1999-4
Page 7
D. Any person not eligible under M.S. 340A.402, the regulations of the
Commissioner or Section 160 of this Code.
E. Any person who has (i) been convicted, within the five years prior to the
application for a license, of any violation of any law of the United States, the State, or
any other state or territory, or of any local ordinance with regard to: (a) the
manufacture, sale, distribution or possession for sale or distribution of intoxicating
liquor or other controlled substances as defined by State Statute, (b) gambling, (c)
theft, or (d) vice; or (ii) had an intoxicating liquor license, including a wine on -sale
license, revoked for any violation of any statutes, ordinances or regulations relating to
the manufacture, sale, distribution or possession of liquor or wine.
F. Any person who has applied for or holds a federal wholesale or retail liquor
dealer's special stamp or a federal or State gambling or gaming stamp or license.
G. Any person who is an employee or elected official of the City.
H. Any person who has falsified any information given either in the application or in
the process of investigation.
I. Any person who upon renewal, has been found in violation of any provision of this
Section or applicable State Law.
J. If an individual, any person who is not a U.S. citizen or resident alien.
K. Any person who is financially indebted to a person who is disqualified under this
Subd.
L. If for a Temporary On -Sale Intoxicating Liquor License, any person who is not the
holder of a Club On -Sale Intoxicating Liquor License or an On -Sale Intoxicating
Liquor License.
M. If for a Temporary On -Sale 3.2 Percent Malt Liquor License, any person who is
not a corporation or organization organized for service to the community, state, or
nation, for social purposes, for the promotion of sports or for the promotion of persons
to elective office, where the serving of 3.2 percent malt liquor is incidental to and not
the main purpose of the organization; or charitable or religious corporations for and to
which gifts are deductible from the income of the donor under the Internal Revenue
Code of 1986, as now enacted or as supplemental or amended; and which have been in
existence and actively engaged in programs intended to further and promote the
purposes for which organized for a period of at least 18 consecutive months prior to the
date application is made for such license. No corporation or organization shall be
granted more than two such licenses in a calendar year and there shall be at least 30
days between the license issue dates.
N. If for an On -Sale Intoxicating Liquor License, any person who holds an interest in
an On -Sale Intoxicating Liquor License or has made application for such a license for
more than one location in the City. It is the intent hereof that no person may possess
Ordinance No. 1999-4
Page 8
or hold an interest in more than one On -Sale Intoxicating Liquor License at one time in
the City. For purposes hereof, "interest" includes any pecuniary interest in the
ownership, operation, management or profits of the establishment, but does not
include: i) bona fide loans, rental agreements, open accounts or other obligations held
with or without security arising out of the ordinary and regular course of business or
selling or leasing merchandise, fixtures or supplies to such establishment or ii) any
interest of five percent or less in any corporation holding an On -Sale Intoxicating
Liquor License. Provided, however, a person having an interest in two or more
premises holding wine licenses issued by the City which were in effect on December
31, 1998, may apply for and the Council may grant an On -Sale Intoxicating Liquor
License for each such premises.
900.09 Places Ineligible for a License
Subd. 1 General Restrictions. No off -sale or on -sale license shall be granted or
renewed for:
A. Any property on which taxes, assessments or other financial claims of the State,
County or City are due, delinquent or unpaid.
B. Any property on which the business is to be conducted is owned by a person who is
ineligible for a license pursuant to Subsection 900.08
C. Any property located within 300 feet of a place of worship or an elementary, junior
high or senior high school having a regular course of study accredited by the State. A
location which holds a license under this Section shall not be declared ineligible for
license renewal or transfer due to a place of worship or school that was newly located
in its proximity after license issuance. The provisions of this paragraph shall not apply
to Temporary On -Sale 3.2 Percent Malt Liquor Licenses.
D. Any property where a license issued under this Section has been revoked during the
preceding year unless the issuance of the license is unanimously approved by the
Council then present.
E. Any property where the conduct of the business is prohibited by Section 850 of this
Code.
F. Any property not eligible under M.S. 340A and the regulations of the
Commissioner.
G. Any property used as a sexually oriented business as defined by Section 850 of this
Code.
Subd. 2 Off -Sale 3.2 Percent Malt Liquor Licenses. In addition to the
requirements of Subd. 1 of this Subsection, no Off -Sale 3.2 Percent Malt Liquor
License shall be granted to any theater, recreation establishment, public dancing place
or establishment holding an on -sale license.
Ordinance No. 1999-4
Page 9
Subd. 3 On -Sale 3.2 Percent Malt Liquor Licenses. In addition to the
requirements of Subd.I of this Subsection, no On -Sale 3.2 Percent Malt Liquor License
shall be granted for establishments other than (i) private clubs which have been
incorporated for more than ten years and which own and operate club houses for their
members in which the serving of such liquor is incidental to and not the major purpose
of such club, (ii) restaurants, (iii) golf courses, (iv) the Edina Golf Dome, (v) bowling
centers and (vi) hotels. The provisions of this Subdivision do not apply to Temporary
On -Sale 3.2 Percent Malt Liquor Licenses.
Subd. 4 Wine Licenses. In addition to the requirements of Subd. 1 of this
Subsection, no Wine License shall be granted to any establishment other than a
restaurant located in the PCD -1, PCD -2, PCD -3 Subdistricts , the Mixed Development
District or the Planned Office District as established by Section 850 of this Code.
Subd. 5 On -Sale Intoxicating Liquor Licenses. In addition to the requirements of
Subd. 1 of this Subsection, no On -Sale Intoxicating Liquor License shall be granted to
i) any establishment other than a restaurant or hotel located in the PCD -2, PCD -3
Subdistricts or the Mixed Development District as established by Section 850 of this
Code, ii) any amusement or recreation establishment including amusement arcades,
bowling centers, pool halls or establishments offering amusement devices as defined by
Section 215 of this Code, iii) any establishment located in a building which also
contains any dwelling units as defined by Section 850 of this Code, or iv) any
establishment located in the PCD -2 Subdistrict which will contain more than 150 seats.
900.10 General Restrictions; Conditions of Sale.
Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the
licensee's place of business and shall maintain conditions of sobriety and order.
Subd. 2 Age. No wine or liquor shall be sold to any person under the State
established legal drinking age, or to an intoxicated person, directly or indirectly.
Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell
liquor or wine.
Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate, or
permit the keeping, possession or operation on the licensed premises, or in any room
adjoining the licensed premises controlled by the licensee, any slot machines, dice or
other gambling equipment as defined in M.S. 349.30, 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 licensee's control, to be used as a resort for prostitutes or
other disorderly persons; provided, however, that lawful gambling may be carried on if
allowed by this Code and where allowed by a license issued pursuant to M.S. 349 or
this Code.
Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in
any licensed place shall be owned in whole or in part by any manufacturer or brewer,
as defined in M.S. 340A, of wine or liquor.
Ordinance No. 1999-4
Page 10
Subd. 6 Open to Inspection. All licensed premises shall be open to inspection by
any police officer or other designated officer or employee of the City at any time there
are persons within the licensed premises.
Subd. 7 Hours of Sale. The hours and days of sale shall be as set forth in M.S.
340A.504. Except, however:
A. Establishments holding a Wine License under this Section or establishments holding
both an On -Sale Club Liquor License and a Sunday On -Sale License under this Section
may sell intoxicating liquor or wine in conjunction with the sale of food between the
hours of 10:00 A.M. and 12:00 midnight on Sundays, provided that the licensee is in
conformance with the Minnesota Clean Air Act, and
B. Establishments holding both an On -Sale Intoxicating Liquor License and a Sunday
On -Sale License may sell intoxicating liquor and wine in conjunction with the sale of
food between the hours of 12:00 noon and 12:00 midnight on Sundays.
Subd. 8 Hours of Consumption. No liquor or wine shall be consumed by any
person on, in or about a licensed premises more than 30 minutes following the time
established by this Subsection for cessation of the sale of wine or liquor.
Subd. 9 No Liquor or Wine in Non -Licensed Food Establishments. Except as
permitted by a license issued pursuant to this Section, no person shall take or carry any
wine or liquor into any food establishment as defined in Section 720 of this Code.
Subd. 10 Mixing or Sale for Mixing Prohibited. Except as permitted by a license
issued pursuant to this Section, no person shall mix with liquor or wine or sell for the
purpose of mixing with liquor or wine, any soft drink, other liquor or beverage in any
food establishment as defined in Section 720 of this Code.
Subd. 11 Illegal to Permit Mixing. Except as permitted by a license issued pursuant
to this Section, no person shall consume, or permit the consumption, mixing or spiking
of any beverage by adding to the same any liquor, in any building or place operated as
a food establishment as defined in Section 720 of this Code. The fact that any person in
any food establishment, as defined in Section 720 of this Code, sold any liquid or
beverage to a person who thereupon and therein added to such liquid or beverage any
liquor or wine shall be prima facie evidence that such liquid or beverage was sold by
such person for the purpose of adding liquor or wine and shall be prima facie evidence
that such person and the person's employer permitted the mixing or spiking of such
liquid by adding wine or liquor.
Subd. 12 Bottle Clubs Prohibited. Except as permitted by a license issued pursuant
to this Section, establishments or clubs that directly or indirectly allow the consumption
or display of wine or liquor, or knowingly serve any liquid for the purpose of mixing
with liquor or wine, shall be prohibited. Permits for bottle clubs issued by the
Commissioner under M.S. 340A.414 shall not be approved by the Council.
Ordinance No. 1999-4
Page 11
Subd. 13 Posting of License. A license issued under this Section shall be posted in a
conspicuous place in the licensed premises.
Subd. 14. Compact and Contiguous Premises. A license issued under this Section is
only effective for the compact and contiguous space specified in the approved license
application. No sales or consumption of wine or liquor shall be permitted beyond the
licensed premises. The licensed premises shall not be increased in size or seating
capacity during the then license period.
Subd. 15. Sobriety and Order. A licensee shall be responsible for the conduct of
business being operated and shall maintain conditions of sobriety and order.
Subd. 16. Adult Entertainment Prohibited. The Findings, Purpose and Objectives
of Section 1345 of the City Code are hereby incorporated by reference. No licensee
shall permit any specified sexual activities, the presentation or display of any specified
anatomical areas or the conduct of a sexually oriented business all as defined by Section
850 of this Code on the licensed premises or in areas adjoining the licensed premises
where such activities or the conduct of such a business can be seen by patrons of the
licensed premises.
Subd. 17. State Law. All applicable provisions of State Law shall be complied with
in connection with the sale of wine and liquor.
900.11 Special Requirements for the On -Sale of 3.2 Percent Malt Liquor. In addition to
the requirements imposed by Subsection 900. 10, the following special requirements apply to
the on -sale of 3.2 percent malt liquor:
Subd. 1. Place of Serving and Consumption. 3.2 percent malt liquor sold pursuant to
a 3.2 percent malt liquor license shall be served and consumed at tables in the dining or
refreshment room on the licensed premises and shall not be consumed or served at
bars; provided, the same may be consumed or served at the following locations:
A. At counters where food is regularly served and consumed.
B. On decks, patios and other outdoor dining areas which are adjacent to the licensed
premises.
C. On grounds of a golf course.
Subd. 2. Temporary Licenses. The provisions of Subd. 1 of this Subsection do not
apply to 3.2 percent malt liquor sold pursuant to a Temporary 3.2 Percent Malt Liquor
License.
900.12 Special Requirements for the On -Sale of Wine, Intoxicating Malt Liquor and
Intoxicating Liquor. In addition to the requirements of Subsection 900. 10, the following
special requirements apply to the sale of wine, intoxicating malt liquor and intoxicating liquor
sold pursuant to a Wine License or and On -Sale Intoxicating Liquor License issued in
accordance with this Section:
Ordinance No. 1999-4
Page 12
Subd. 1. Licensed Premises. The licensed premises must:
A. Have an exclusive entrance from and exit to the exterior of the building in which
the license premises is located or to a public concourse or public lobby, and have a
physical barrier separating the licensed premises from other areas so as to prevent the
passing of patrons other than through the required entrances and exits.
B Have a valid food establishment license issued pursuant to Section 720 of this
Code and have adequate space, as determined by the Sanitarian, for the storage,
preparation and handling or service of food and wine.
C. The premises shall not have more than 15 percent of its seating capacity located at a
bar or service counter.
Subd. 2 Licensed Manager. A manager licensed in accordance with this Section must
be present and in charge of the licensed premises at all times that the premises is open
for business.
Subd. 3 Alcohol Awareness Training.
A. Within 30 days following the issuance of a new Wine License or a new On -Sale
Intoxicating Liquor License, not less than 75 % of the employees authorized to serve or
sell wine or liquor on the licensed premises shall have completed an alcohol awareness
program approved by the Police Chief.
B. Not less than 75% of the employees authorized to serve or sell wine or liquor on
the licensed premises must complete an alcohol awareness program approved by the
Police Chief within 90 days prior to an application for license renewal for a Wine
License or a On -Sale Intoxicating Liquor License .
C. An applicant for the issuance or renewal of a Manager's License must complete an
alcohol awareness program approved by the Police Chief not more than 90 days prior
to the date of application.
Subd. 4 Percentage of Food Sold. Not less than 60 percent of the restaurant's or
hotel's gross receipts from the combined sale of food, non-alcoholic beverages, wine
and liquor, on an annual basis, shall be attributable to the sale of food and non-
alcoholic beverages.
Subd. 5 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume
may be sold or consumed on a premises holding a Wine License.
Subd. 6 Denied Sales or Consumption. No sales or consumption of wine or liquor
shall be permitted beyond the licensed premises.
Subd. 7 Container Volume Restrictions. Wine may not be sold, served or
consumed in containers larger in volume than one liter.
Ordinance No. 1999-4
Page 13
Subd. 8 Sale Prices. No licensee shall promote the consumption of wine or liquor
on the licensed premises by any means or methods which result in prices which are less
than those normally charged on the then regularly used menu, including, but not
limited to, two-for-one or similar offers, prizes, coupons, games or barters.
Subd. 9 Diluting, Changing, or Tampering with Wine or Liquor Prohibited. No
licensee shall sell, offer for sale or keep for sale, wine or liquor in any original
package that has been refilled or partly refilled. No licensee shall directly or through
any other person, dilute, or in any manner tamper with, the contents of any original
package so as to change its composition or alcoholic content while in the original
package. Possession on the premises by the licensee of any wine in the original
package differing in composition, alcoholic content or type from the wine received
from the manufacturer or wholesaler from whom it was purchased shall be prima facie
evidence that the contents of the original package have been diluted, changed or
tampered with.
Subd. 10 Sales in Hotels. No sale of wine or liquor shall be made to or in guest
rooms of hotels unless:
A. The rules of such hotel provide for the service of meals in guest rooms;
B. The sale of such wine and liquor is made in the manner which conforms to the
requirements of Subsection 900.12;
C. Such sales is incidental to the regular service of meals to guests in their rooms; and
D. The rules of such hotel and the description, location, and number of such guest
rooms are fully set out in the license application.
900.13 Restrictions on Transfer of License. No license shall be transferred to any person or
premises by the person or from the premises to whom and for which the license was granted,
by any means whatsoever, including, without limitation, devise or descent or involuntarily by
the operation of law, without the person and premises to whom and to which the license is to
be transferred having first submitted an application containing all of the information required
in an original application, and complying with all requirements for an original license, and
receiving the approval of the Council, and where required, the Commissioner. Any change in
the persons named in the original application or any change in the information in such original
application shall be deemed a transfer for the purposes of this Section. Provided, however,
the following changes shall not be deemed a transfer:
A. A change in the ownership of a limited partnership comprising 10% or less
cumulatively of the limited partnership during the then license period;
B. A change in ownership of a corporation comprising 10% or less cumulatively of the
stock owners during the then license period; or
Ordinance No. 1999-4
Page 14
C. A change in one of the corporation's officers during the term of the then license.
Provided, however, the corporation shall give notice of a change in officer to the Clerk
and the new officer shall comply with all requirements of this Section and Section 160
of this Code.
900.14 Penalties; Revocation or Suspension. The penalty and remedy provisions of M.S.
340A.415 are hereby adopted and made a part of this Code and shall be useable by the City to
enforce this Section in addition to the provisions of Sections 100 and 160 of this Code.
Provided, however, the hearing required by said Statute before a license can be suspended or
revoked shall be before the Council and shall be held pursuant to the procedures set forth in
Section 160 of this Code.
900.15 Inactive Licenses. The City Council may revoke an On -Sale Intoxicating Liquor
License granted to an establishment which has i) failed to make satisfactory progress toward
completion of the construction of a new licensed premises or ii) ceased operation for a period
of six months or more. The provisions of Subsection 900.14 shall apply to such revocations.
900.16 Incorporation by Reference. The provisions of M.S. 340A. which are referenced
in this Section are hereby adopted and incorporated by reference and made a part of this
Section, including all regulations of the Commissioner which relate to such incorporated
provisions of M.S. 340A.
Section 2. This Ordinance shall be in full force and effect upon passage and publication.
First Reading: February 16, 1999
Second Reading: March 1, 1999
Published in the Edina Sun Current: March 10, 1999
Attest: " () maa�� � . LaL_ —
I
City Clerk Mayor
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
newspapers
AFFIDAVIT OF PUBLICATION
Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the
newspaper known as bun -current , or the president's designated
agent, and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Wednesday, the 10 day of
March , 1999, and was thereafter printed and published on every Wednesday to and
including Wednesday, the day of 1999; and printed below is a copy o
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as beinc
the size and kind of type used in the composition and publication of the notice:
abcdefghijklmnopgrstu
ti
Publisher
r"
Subscribed and swo or affirmed bef re me
on this / 6 day of 9.
11ULA,C; -
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.55 per line
for comparable space
(2) Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.30 per line
P t this Section, no rson shall take or carry any
licensed premises•
wine or liquor into any ions establishment as defined in Subd. 7 Container Volume Restrictions. Wine May not
Section 720 of Clue Code. be sold, served or consumed in containers largervolume
Suid. i0lgMing or Sale for Mixing Prohibited. Except
as permitted by a license issued pursuant to this Section,
no person shalll mix with liquor or wine or Bell for the pur-
se of mixing wi
th liquor or.wine, ,any BA drink, other
liquor or beverage in any food estabiiabment as defined in
Section 720 of this Code.
Subd. 11 Illegal to Permit Asiung. Except as permitted
by a license issued pursuant to this on, no person shall
consume, or permit the consumption, inning or spiking of
any beverage by adding to the same any liquor, in any
building or place o ted as a food establishment as do-
of,fined in Section 72 his Coda The fact that any Person
in any food establishment, as defined in Section 720 of this
Code, -sold any liquid or beverage t a person who there-
upon and therein added to such liquid or beverage any
liquor or wine shall be prima facie evidence that such liq
uid or beverage was sold by such person for the purpose of
adding liquor or wine and shall be }rima facie evidence
that such person and the perBons employer permitted the
mixing or spiking of such h'gmid by adding wine or liquor.
Subd. 12 Bottle Clubs Prohibited. Except as Permitted
by a license issued pursuant t this Section, establish-
ments or clubs that directly or, induectlp allow the cen-
Bump�on or display of wine or hqugr, or knowingly serve
any liquid for the purpese of mwn8 by thwine
shall be probibited. Permit" for bottle
Commissioner under M.S. 340A414 shah not be approved
by the Council.
Subd. 13 Posting of License. A license issued under this
Section shall be posted in a conspicuous Place in the li-
censed premises•
Subd. 14. Compact and Contiguous Premises. A li-
cense issued under this Section is only effective for the
compact and contiguous space specified in the approved li-
cense application. No sales or consumption of wine or
liquor shalt be permitted beyond the licensed Promisee
The
,TE
premises shah not be increased in size or Beat-
ing capacity during the then license period.
Subd. 15. Sobriety and Order. •A licensee shall be re'
sppoonsible for the conduct of business being operated and
grab maintain conditions of sobriety and order.
Subd. 16 Adult Entertainment Prohibited` The Find-
ings, Purpose and Objectives of Section 1345 of the City
Code are hereby incorporated by reference. No licensee
shall permit any speer ed a activities, the presents -
tion or display of any specified anatomical areas or the con-
duct of a ioxnally oriented business all as defined byB"
tion 850 of this Code on the licensed premises or in areas
adjoining the licensed premises where such activities or
the conductofauch a business can beVenbypatrons
licensed premises.
Subd 17 State Law. All applicable provisions ofState LawshaPP he Complied with in connection with the sale of wine
and liquor.
900.118 aacsiiel Requirements for the On -Sale tf 8.2
na-
ppessed by Subsecctiion 900.1Licin. In 0 the followingdition to the spetisl reregWm
merits apply to the on -We of 3.2 percent malt liquor:
Subd. 1. Place of Serving and Consumption. 3.2 per-
cent malt It uor sold to a 3.2 percent malt liquor
conswned at tables in the din-
re,g or refreshment room on the licensedso and shallpremi
not be consumed or served at bars;
be donsumed or served at the following locations:
A. At counters where food is regularly served and cen-
somed.
B. On decks, patios and other outdoor dining areas which
are adjacent to the licensed Premises.
char one liter.
Subd. 8 Sale Prices. No licensee shall mote the can.
sumption of wine or liquor on the licensed premises by any
means or methods which result in Prices which are less
than those normally charged on the then regularly used
menu, including, but not lumite Or barters.
t� forme or similar
offers, prises, coupons, gam
Subd. 9 Diluting, Changing. or Tampering with Wine
or Liquor prohibited. No licenses shall sell,offer for sale
or keep for sale, wine "=H uor in any original package that
has been refilled or y refilled. No licensee shall di
rectly or thro h any other Person, dilute, or in any man-
ner tamperwi� the contents ofaannyy original package so as
t change its composition or alcoholic content while nhe
original package. Possession on the Promisee by the
censee of wine in the original Package differing in com-
pos�tion, alcoholic content or type from the wine received
firoan the manufacturer or wholesaler from whom it was
purchased shall be prima facie evidence that the contents
of the original package have been diluted, changed
Or pered with.
Subd. 10 Sales in Hotels. No sale of wine or liquor shall
be made to or in guest rooms of hotels unless:
A. The rules of such hotel provide for the service of meals
in guest rooms;
B. The sale of such wine and liquor is made in the manner
which conforms to the requirements of Subsection 900.12;
C. Such sales is incidental to the regular service of meals
to guests in their rooms; and
D. n, and
numThe rules
such
guestch troonai el there finally set out in the li-
censeof such girest
cense application.
C. Ongrounds of a golf course.
Subd. 2. Temporary Licenses. The Provisions of Subd.1
of this Subsection do not apply t3.2�percentn��orq
sold pursuant t a Temporary
Li-
cense.
900.12 Special Requirements for the On -Sale of
Wine, Intoxicating Malt Liquor and Intoxicating
Liquor. In addition to the requirements of Subsection
901D. 10, the following special requirements apply to the mile
Of wine, intoxicating melt liquor and intoxicating liquor
sold pursuant to a Wine License or and On -Sale Intamcab
ing Liquor License issued in sccerdance with this Section:
Subd. 1. Licensed Promises. The licensed premises
must:
A. Have an exclusive entrance from and exit to the exteri-
or of the building in which the license promisee is located
or to a public concourse or public lobby, and have a physi-
cal barrier separating the licensed promises fivin other
areas so as to prevent thepassing��trens other than
through the required
B. Have avalid food establishment license issued pureusnt
to Section 720 ofthis Code and have adequate space, as de.
termined by the Sanitlkria� for the and handling or service o food and w swags, W ePaT4tiOII
900.13 Restrictions on
shah be transferred to ai
son or from the Premises
license
he per -
was re. a..w.., ;� ow ---- --- :-- the opera -
limitation, devise or descent or nnvduntarily to whom and
tion of law without the person and premises
t which tie license is to be transferred having first sub-
mitted an application containing all of the information re-
quired in an original application, and complying with all
requirements for an original license, and ng the ap-
proval of the Council, and where nectl2m the Commis'
sinner Any change in the persons named in the original aP-
plication or any Bhangs in the information m such original
appplication shall be deemed a transfer for the purposes of
thu Section. Provided, however, the following changes
shall not be deemed a transfer.
A A change in the ownership ofa limited partnership cem-
p ieft10%or less cumulatively ofthelimited partnership
during the than license period;
B. A change in ownership of a corporation comprising 10%
or lase cumulatively oftbe stockownere during the then li-
cause period; or
C. A change in one of the corpm'ation'e officers during the
term of the then license. Provided, however; the corpora-
tionshallgive notice of a change in officer t the Clerk and
the new officer shall comply with all.requirementa of this
Section and Section 160 of this Code.
900.14 Penalties; Revocation or SuspenXiOnwThs
ally and remedy provisions of M.3 340A.415 are here-
pbeynadopted and made a part of this Code and shall be use-
able by the City to enforce this Section m addition to the
pmv�mnm of Sections 100 and 160 of this Code. Provided,
however, the hearing required by said Statute before a li-
cen�e can ba suspended or revoked shall be before the
Council and shall be held pursuant to the procedures set
forth in Section 160 of this Coda
900.15 Inactive Licenses. The City Council may t revoke
an On -Sale Intoxicating Liquor License granted
tablishment which has i) failed to make satisfactory
progress toward completion ofthe construction of a new li-
censed premises or ii) ceased operation for a period of sir
months or more. The provisions of Subsection 900.14 shall
apply to such r.16 Incoevocations.
MOrS. 340A. which are rrationce. The F am Of
eferenced in this Section are here
adopted and incorporated by reference and made a part
this Section, including all regulations of the Commis-
to
relate t arch incorporated provisions of M.S.
340A
Section 2: This Ordinance shall be in full force and effect
upon passage and publication
First Beading February 16, 1999
Second Reading: March 1,1999
Published in the Edina Sun Current: March 10, L999
Attest
Debra A Mangan
City Clerk
Glenn L. Smith
Mayor
"Papers
-392-6&
0000....... 0 0 0 0 0 0 0 0 0 0
PREPAID PHONE CARDS
97 MINUTES
ONLY $101 ♦ 651-633-3031-
UP
51-633-3031UP I ING
PT/FT from office or home, extensive training,
fun atmos. Earn what you want. 651-994-8196
Do You Suffer From
Chronic Pelvic Pain?
If you are a woman, 18-45 years of age; and
suffer from chronic pelvic pain (constant or
intermittent pain in your abdomen or pelvis),
you may be eligible to participate in a unique
study evaluating chiropractic treatment for this
painful condition. Qualified patients will
receive free physical examinations and treat-
ments, as well as financial compensations for
time and travel. For more information, please
call 612-886-7598.
This study is being conducted by the Wolfe -
Harris Center for Clinical Studies in
Bloomington a non-profit research and
aducational institution.
INT. Painting & eil.Text.
* 10% OFF LABOR. *
CALL NOW 11 612-830-0915
Interior a Exterior Painting
• 32 years experience • No job too small!
• Senior Citizen Discount • Free Estimates
• Ceiling Texture and Repair
ColorScapes Painting 612-545-3659
ATTENTI N! ATTENTIONf
Do you want to stop smoking, bed wetting,
thumb sucking, being overweight, etc? Do you
want a real medical doctor, 1 on 1 sessions, &
someone interested in your problem & its
resolution? Call Steve Applebaum, MD at
612-521-5152 for an appointment today.
SWIMMING POOL
Cleaning Service • Openings & Chemicals
612-559-8029 or 612-669-6066
Financial Secrets Revealed!!
Protect your assets just like the big boys do
Call Toll free 1-888-248-6715 24 hours
Tax G
— Enrolled A_ o_gnt.The Tax Prof.
ron6.1 T, W Pio /ra (666T -oT wew
N
1f
No
$15
4'
Dail
wo
Pec
612-9a
V,
OI
WI
61
Pu" oN�a�R_u"oielee 03o i6m ems. Ju U09dmna
IeB E►a ..a g •pgnS
�;TPi. e . t ply eq Am e� on�q l q_ j l go
aures 0 1 g I8 �eao
"Np o3 a aia,�egr�n�.l gwte��Q�!7 g pgnS
PUB sups y�_q eq P'Ieq l n uu os�uo ,01
Jed 0!1 usgT awl 30 69WIg"
p ypusme"" oln pi 7v�
p �e7aeoa°a y 'PgnS
�mosd again a J0qWQ17ou Tenla 93tpd"dq PP�a
°ells a jo iemeuaeer w nwl"Oeti�3 qddu W lo a
a°nbnl8vr�eaaogqWgdde ue q �� rI w4m a m3 lemeu
ar eenacq(so! uo °O a ro aevaa
-god '� u+e+8oid ewuaraWa moo• �� IBIq
owe °T PozlaOtipne mo,tobqjo gut,
Id, "Djo 9L ueg7 eiel as *0J0
o IM" MRdv ftd ,Wed , esoaareess logos ]Biqa o'�[
ZL1
,v 888SOldma JO OU
mubF
- reo g78uusoR
e p oaasr e, inn o(e 'uo eseu 8 J0 I
o{ at>sP 09'%1A'V
auto' L ua __-V iur[oo1V I! 'pgnS
Mo:
Als
PI
Pal
61i
�3Win uaeW q p o P4'4R'P10
PoBuaoR eusm V • r S � tilts '641M
ul r"unoa eamme m aaseo� Po+aeO Z 'pgnS
"F 7uoared 91 u66WOW q o � Rn!7eae
On -Sale. Sale for consumptim.ap the pees dm on#
Original Package. Any coutdo r or issgrtlde mag
liquor, in which the liquor is podded or sealed at t1w plan
of manufacture.
Restaurant. An establishment, under control of a•aingle
proprietor or manager; having appropriate facilities for
serving :heals and where in consideration of payment,
meals are regularly served at tables to the general public,
and which employs an adequate staff to provide the usual
and suitable service to its guests, and which has a seating
capacity for not fewer than 30 guests at one time.
Sale, Sell, Sold. All barters, exchanges gifts, sales, and
other means used to obtain, dispose o! or furnish any
liquor or wine or any other beverage, directly or indirectly,
as part of a commercial transaction, in violation or evasion
of the provisions of this Section, but does not include sales
by State licensed liquor wholesalers selling to licensed re-
tailers
State Established Legal DrinkingAge. For purposes of
this Section, the State established legal age for consump-
tion of liquor and wine is 21 years of age.
3.2 Percent Malt liquor. Any potable beverage with an
alcoholic content of more than one-half of one percent by
volume and not more than 3.2 percent by weight.
Wine. Vinous beverage created by fermentation.
900.02 Of?Sale Limited to Municipal Liquor Stores;
Dispensary Established No intoxicating liquor, intoxi-
catingmalt lis - W vnneshallbeadd, orcaned to besold
at off -sale within the City by any person, orby any store or
establishment, or by any agent or employee efauch person,
store or establishment, except by the City and on the
premises in the City occupied by the municipal liquor dis-
pensary. There is hereby established a municipal liquor
dispensary for the off -sale of liquor and wine. The dispew
aary shall be located at such suitable places in the City as
the Council determines by resolution.
Subd. l Management and Control. The dispensary shall
be under the control oftheManager. TheManager may ap .
point employees as deemed necessary is operate the dis.
Punder ar9 m compliance
with
this and State
Law.
.
person State legal drinking age
shall be employed in the dispensary.
Subd. 2 Surety Bond The Manager may require persons
employed in the dispensary to Tarnish a surety bond to the
City in the same manner as prescribed by Subsection
115.12 of this Code.
Subd. 3 Hours of Operation. Suhject to the requirements
of M.S. 340A.504, the hours of operation of the dispensary
shall be established by resolution of the Council.
Subd. 4 Manner of Conducting Sales. All restrictions as
to the manner of conducting males an set forth in Subsec-
tion
ubseation 900.07 shall apply to the municipal liquor dispensary.
900.03 License Required. No person, except whglesalers
or manufacturers to the extent authorized by law, directly
or indirectly, upon any pretense or by any device, shall sell
at off -sale any 3.2 percent malt liquor or at on We any 3.2
percent malt liquor, intoxicating malt liquor, wine or in-
toxicating liquor without first having obtained a license.
S A description of the type of business to be transacted on
the licensed premises;
C. Proof of financial responsibility with regard to liability
imposed by M.S. 340A. 801 in the manner and to the ex-
tent required by M.S. 340.A409. if the applicant claims ex-
emption from the requirements ofsaid Statute, proofofex-
emption shall be established by affidavit given by the ap-
plicant in form and substance acceptable to the Clerk;
D. All forms and information required by the Police Chiu
the Minnesota Department of Public Safety and the Min -
needs Department of Revenue;
E. Any affidavits of the applicant as required by the Clerk,
on forms provided by the Clerk, in support of the applica-
tion;
F. Authorization to release information obtained in con-
nection with the application;
G. A statement signed by the applicant stating that he or
she has reviewed and understands the pertinent provi-
sions of this Section and State law;
H. In the case of an application for a Were License, On -Sale
Intoxicating Liquor License or aManagees License, the ap-
pl �plshall isnce�th the evidence satisfactory to the Clerk as
requirements of Subd. 3 of Subsec-
tion 900.12 as to the completion of an alcohol awareness
program;
I. In the case of as application for a Were License or On -
Sale Intoxicating Liquor License, the applicant shall pro-
vide evidence satisfactory to the Clark as to compliance
with the requirements of Subd. 4 of Subsection 900.12 as
to the percentage offood add on the licensed premises. This
requirement shall be established by an affidavit of the li-
censee on a form provided by the Clerk. The affidavit shall
be en with each apply forissuance or renewal on
a Wine License or an fin-SaleeIIntoxicatingIignar License,
or at ether ficoses as the clerk may regrreet If the applies -
Use is for the re howal of a Wine License or an On -Sale In-
Lignx iiosoaq, the affidavit shall also include
per Pentags of grow receipts attributable to the
aalsof food duriogtheimmediately p�aedfog 12month
pie
ried.TUClerk require that anysuchat8davit bever-
ifed and confirmed, on a form provided by the Clerk, by a
Certified PublicAccountant. Failure or refusal of a licensee
to give such affidavit with such application, or on request
of the Clerk, or any false statement in any such affidavit,
shall be grounds for denial, suspension or revocation of all
licenses held by such licensee.
J In the case of an .application for a temporary on -sale 3.2
malt liquor license, the applicant shall provide evidence
satisfactory to the Clerk that the applicant complies with
the requirements of Subsection 900.08 as to being a quali-
fied corporation or organisation;
K Any other information deemed necessary by the Man-
ager to undertake consideration of the application.
900.06 Consideration of Application; Public Hear
ung. The provisions of Section 160 of this Code shall apply
to all licensee required by Subsection 900.04 and to the
holders of such licernw,, provided that all licensee, except
Manager's Licenses, shall be granted or denied by the City
Council and the Commissioner, if required by State law.
The City Council shall conduct a public hearing on the ap-
plication for a new On -Sale Intoxicating Liquor License
WL
C. Any person convicted of any willful violation of any law
of the United States or any provision of State Law or this
Code with regard to the manufacture, sale or distribution
of liquor.
D. Any person not eligible under M. S. 340A.402, the regu-
lations of the Commissioner or Section 160 of this.Code.
E. Any person who has 0) been convicted, within the five
years prior to the application for a license, ofany violation
ofany law ofthe United States, the State, or any other state
or territory, or ofany local ordinance with regard to: (a) the
manufacture, sale, distribution or possession for sale or
distribution of intoxicating liquor or other controlled sub-
stances as defined by State Statute, (b) gambling, (c) theft,
or (d) vice; or (ii) had an intoxicating liquor license, in-
cluding a wine on -sale license, revoked for any violation of
any statutes, ordinances or regulations relating to the
manufacture, sale, distribution or possession of liquor or
wine.
F. Any person who has applied for or holds a federal whole-
sale or retail liquor dealees special stamp or a federal or
State gambling or gaming stamp or license.
G. Any person who is an employee or elected official of the
City.
H. Any person who has iLlsiSed any information given ei-
ther in the application-orin. the process of investigation.
I. Any person who upon renewal, has been found in viola-
tion ofany provision ofthis Section or applicable State Law
J If an individual, any person who is not a U. S. citizen or
resident alien.
K Any person who is finsnaally indebted to a peresa who
is disqualified under this Subd.
L. Iffor aTemporary On4kle Inta ticatingligquor Linos%
person pwho is not the holder of a Club Oi4lale intm,
icating Liquor License or an On -Sale Intoxicating Liquor
License,
M. If for a Temporary On -Sale 3.2 Percent Malt Liquor Li-
cense, any n who is not a corporation or organization
organizedor
fcr erservice to the community, state, or nation, for
social purposes, for the promotion of sports or for the pro-
ng
rro-o-ng of3.2
percent malt liquor is incidental to and net the main pur-
pose of the organization; or charitable or religious corpo-
rations for and to which gifts are deductible from the in-
come of the donor under the Internal Revenue Code, of
1986 as now enacted or as supplemental or amended; and
whit have been in existbnce and actively engaged in pro-
grams intended to further andpromote the purposes fix
which organized for a period of Pat 18 consecutive
months prior to the date application is made for such Ii -
cense. No corporation or organization shall be granted
more than two such licenses in a calendar year and there
shall be at least 30 days between the license issue dates.
N. If for an On -Sale Intoxicating Liquor License, any per-
son who holds an interest in an On -Sale Intoxicating
Liquor License or has madeapplication for such a license
for more than one location in the City. It is the intent here-
of that no person may possess or hold an interest in more
than one On -Sale Intoxicating Liquor License at one time
in the City. For purposes hereof "interest' includes any pe-
cuniary interest in the ownership, operation,' management
Vna
(Official Publication)
EDINA ORDINANCE NO. 19W4
AN ORDINANCE ALLOWING ISSUANCE
OF ON -SALE INTOXICATING LIQUOR LICENSE
AND RECODIFYING SECTION 900 OF THE
EDINA CODE OF ORDINANCES.
THE CITY COUNCIL OF THE CITY OF EDINA OR-
DAINS:
Section 1. Section 900 of the City Code is -hereby amended
to read as follows:
Section 900 - Sale of Liquor and Wine; Licensing
900.01 Definitions. Unless the context otherwise dearly
indicates, the following terms shall have the stated mean-
ings:
Bar. A counter or similar kind of place or structure at
which wine or liquor is served.
Commissioner. The State Commissioner of Public Safety
Cafe. See definition of'rvstaurant' in this Subsection.
Club. Any corporation duly organized under the laws of
the State for civic fraternal, social or business purposes, or
for intellectual improvement, or for the promotion of
sports, which shall have more than 50 members, and which
for more than one year shall have owned, hired or leased a
building or space in a building of such extent and charac-
ter as may be suitable and adequate for the reasonable and
comfortable accommodation of its members, and whose af-
fairs and management are conducted by a beard of direc-
tors, executive committee, or other similar body chosen by
the members at a meeting held for the purpose, none of
whose members, officers, agents or employees are paid, di-
rectly or indirectly, any compensation by way of profit from
the distribution or sale of beverages to the members ofthe
club or to its guests, beyond the amount of such reasonable
salary or wages as may be fixed and voted each year by the
directors or other governing body.
Food Establishment License. A license issued by the
City under the provisions of Section 720 of this Code.
Hotel. An establishment where food and lodging are reg-
ularly furnished to transients and which has a dining room
serving the general public at tables and having facilities
for seating at least 30 guests at one time, and at least 50
guest rooms.
Intoxicating Liquor. Ethyl, alcohol, and distilled, fer-
mented, spirituous, vinous and malt beverages containing
in excess of 3.2 percent of alcohol by weight
Intoxicating Malt Liquor. Any beer, ale or other bever-
age made from malt by fermentation and containing more
than 3.2 percent of alcohol by weight.
License. A license granted pursuant to this Section.
Licensed Premises. The area shown in the license apph
cation as the place where wine or liquor will be served or
consumed.
Liquor. 3.2 percent malt liquor, intoxicating liquor, and in-
toxicating malt liquor.
Meal. Entrees and sandwiches cffiuW on a restaurant
menu.
000.04 Lloense Types. Licenses shall be of aine apes;
A. On -Sale Club Liquor License - permits the on -sale of
liquor and wine at qualifying dubs. Only establishments
possessing an On -Sale Club License on December 31,1998,
shall be eligible for receiving an On -Sale Club Liquor Li-
cense pursuant to this Section.
B. On -Sale Intoxicating Liquor License - permits the on -
sale of liquor and wine at qualifying hotels and restau-
rants. A qualifying hotel with multiple points of liquor sale
and service within the hotel may operate under a single
On -Sale intoxicating Liquor License provided that the sale
of food and liquor is under the eiclusive ownership and
control of the licensee. Any restaurant or other facility
serving liquor within a hotel which operates under sepa-
rate ownership or control shalt he considered a distinct en-
tity for purposes of this Section.
C. Off -Sale 3.2 Percent -Malt Liquor License - permits the
off -sale of 3.2 percent malt liquor at certain retail estab-
lishments
D. On -Sale 3.2 Percent Malt Liquor License - permits the
on -sale of 3.2 percent malt liquor at certain retail estab.
lishments
E. Wine License - permits the on -sale of wine at qualifying
hotels and restaurants. (Intoxicating malt liquor may be
sold on premises holding both a 3.2 percent malt liquor on -
sale license and a wine license.)
F. Temporary On -Sale Intoxicating Liquor License - per-
mits the on -sale of wine and intoxicating liquor at the
Edina Foundation Ball. No more than one such license
shall be issued during each calendar year.
G. Temporary On -Sale 3.2 Percent Malt Liquor License -
permits the on -sale of 3.2 percent malt liquor at events
sponsored by certain organizations. Not more than four
such licenses shall be issued to any one location in a cal-
endar year with at least 30 days between issue dates. Each
license shall be issued for three consecutive daya,only.
H. Sunday On -Sale License - permits the on -sale of intox-
icating liquor on Sunday. Only persons holding an On -Sale
Intoxicating Liquor License or an On -Sale Club Liquor Li-
cense may hold a Sunday On -Sale License.
I. Manager's License - required for the individual or indi-
viduals in charge of a premises holding an On -Sale Intox-
icating Liquor License er a Wine License.
900.05 License Application; Renewal. An application
for any license required by this Section or the renewal of
an existing license shall be made on forms provided by the
Clerk The provisions of this Section 160 of this Code, shall
apply to all licenses required by this Section, and to the
holders of such licenses, except that licenses and renewals
shall he granted or denied in accordance with Subsection
900:06. All applications shall be accompanied by the fees
set forth in Subsection 900.07. Every license issued under
this Section shall expire at 12:01 A.M. on Apnl 1 following
its date of issuance. Renewal applications shall be submit-
ted at least 60 days but not more than 150 days before ex-
piration of the license, provided that the renewal applica-
tion for Manager's Licenses may be submitted 30 days be.
fore their expiration. If: in the judgment ofthe Council as
to off -sale and on -sale licenses, and in the judgment of the
Manager as to Managers Iicerises, good and sufficient
cause for the applicanVe failure to apply for a renewal with-
in the time provided. is shown, the Council, or Manager, as
the case may be, may, ifthe other provisions of this Section
are complied with, grant the lianas. In addition to the a�
plication requirements provided in Section 160 of this
Coda, applicants shall also provide the following:
witida!ressowd L following receipt of a complete
�ofthT.'
imeetigaIon required by
900.06. A notice of the date, time, place and,
purpose ofthe heating shall be published once in the offi=
cial newspaper not less than ten days before the date ofthe
hearing. After hearing the oral and written views of all in-
terested persons, the Council shall make its decision at the
same meeting or at a specified future meeting. No hearing
shall be required for the renewal or the transfer of an On -
Sale Intoxicating Liquor license.
900.07 Fees.
Subd. 1 Application Fes. The annual license application
fee oballbe the amount seiforthinSection 185 ofthis Code.
When a new Wine License or On -Sale Intoxicatingg Liquor
License is issued for a portion of a year, the =license
application fee shall be prorated at the rate of one twelfth
ofthe license fee per month or portion of a month remain-
ing in the license year at the time of application. The ani
nual license application fee for a Wine License or for an OOnn•�
Sale Intoxicating Liquor License may be refunded. least
costa incurred by the City as determined by the Clerk, iidd
the event that the application is withdrawn by the app&
cant or denied by the Council.
Subd. 2 Refunds. A monthly pro -rata share ofthe annual
license fee for a Wine License or an On -Sale Intoxicating
Liquor License issued pursuant to this Section may be re-
funded, less the cost of issuance as determined by the
Clerk, if:
.A. The business permanently ceases to operate;
B. The license is transferred to a new licensee in accor-
dance with Subsection 900.13 and the City receives a li-
cense fee for the remainder of the license term from the
transferee; or
C. A premises licensed to sell wine receives an On -Sale In-
toxicating Liquor License prior to the expiration of the
Wine License. In this instance, a pro -rata share ofthe Wine
License fee may be refunded.
Subd.3Investigation Fees. Upon application for a new ar
the transfer of an existing Wine License or On -Sale Intox=-
icating Liquor License, the applicant shall deposit $500.OD
with the City for the investigation fee. If the investigation
requires an out-of-state investigation, an additional.
$2,000.00 shall be deposited before further processing 04
the application by the City. The Clerk may from time W
time require the deposit of additional investigation fees ups
to the limits provided herein before further processing aC
the application if the cast of investigation exceeds the"
amounts previously deposited. The cost of the investiga-;
tion shall be based on the expense involved, but in no event.
shall it exceed $500.00 ifthe investigation is limited to the
State or $10,000,00 if outside the State. All deposited'
monies not expended on the investigation shall be refund -i
ed to the applicant. All investigative expenses incurred
excess ofthe deposit shall be paid prior to consideration
the license application by the Council. Investigation fess
for license renewal shall not exceed $200.00 unless there is,
a change of ownership of more than 10% cumulatively over.
the then existing license period.
900.08 Persons Ineligible for License. The following re-
strictions apply to any applicant who is a natural person,
a general partner ifthe applicant is a partnership, or a con
porate officer if the applicant is a corporation: No license`
shall be granted to:
A. Any manufacturer, brewer, or Wholesaler as defined in.
M.S. 340A.101, or any manufacturer of 3.2 percent malt
liquor, or to any person who has a financial interest, di-
rectly or indirectly, in such manufacturer, brewer or whole -
older. .
Off -Sale. Retail sale in the original package for onwump
tion away from the premises only. A: The type of license the applicant seeks; B. Any pawn unser the State established legal drinking
_ __
arprafits eftheeatabhshment, butdoes notincluds: i) bona
fide loans, rental agraemeats, open aoeounts or oti�a obUi
ations held with or without security erieing out of the
or-
dinary and regular course of business or*
ng or leasing
merchandise, fixtures or supplies to such establishment or
ii) any interest of five percent or less in any corporation
holding an On -Sale Intoxicating Liquor License. Provided,
however, a person having an interest in two or more
premises holding wine licensee issued by the City which
were in effect on December 31, 1998, may apply for and the
Council may grant an On -Sale Intoxicating Liquor License
for each such premises.
900.09 Places Ineligible for a License
Subd. 1 General Restrictions. No off -sale or on -sale Ii -
come shall be granted or renewed for.
A. Any property on which taxes, assessments or other fi-
nancial claims of the State, County or City are due, delin-
quent or unpaid.
B. Any property on which the business is to be conducted
is owned by a person who is ineligible for a license pursuant
to Subsection 900.08
C. Any property located within 300 feet of a place of wor-
ship or an elementary, junior high or senior high school
having a regular course of study accredited by the State. A
location which holds a license under this Section shall not
be declared ineligible for license renewal or transfer due to
a place of worship or school that was newly located in its
proximity after license issuance. The provisions of this
paragraph shall not apply to Temporary On -Sale 3.2 Per-
cent Malt Liquor Licensee
D. Any property where a license issued under this Section
has been revoked during the preceding year unless the is-
suance of the license is unanimously approved by the
Council then present.
E. Any property where the conduct of the business is pro-
hibited by Section 850 of this Code.
F Any property not eligible under M. S. 340A and the reg-
ulations of the Commissioner.
G. Any property used as a sexually oriented business as de-
fined by Section 850 of this Code.
Subd. 2 Off -Sale 3.2 Percent Malt Liquor Licenses. In
addition to the requirements of Subd. 1 of this Subsection,
no Off -Sale 3.2 Percent Malt Liquor License shall be grant-
ed to any theater, recreation establishment, public dancing
place or establishment holding an on -sale license.
Subd. 3 On -Sale 3.2 Percent Malt Liquor Licensee. In
addition to the requirements of Subd. 1 of this Subsection,
noOnSale 3.2 Percent Malt Liquor License shall be grant-'
ed for establishments other than (i) private clubs which
have been incorporated for more than ten years and which
own and operate club houses for their members in which
the serving of such liquor is incidental to and not the mtyor
purpose of such club, (ii) restaurants, (iii) golf courses, {ivl
the Edina Golf Dome, (v) bowling centers and (vi) hotels.
The provision of this Subdivision do not apply to Tempo-
rary On -Sale 3.2 Percent Malt Liquor Licensee.
Subd. 4 Wine Licensee. In addition to the requirements
of Subd. 1 of this Subsection, no Wine License aiikilabe
granted to any establishment other than a restaumotolo-
cated in the PCD -1, PCD -2, PCD-3Subd stricts, thelifd
Development District or the Planned Office District as as-
tablished by Section 850 of this Code.
Subd. 5 On -Sale Intoxicating Liquor Licenses. In ad-
dition to the requirements of Subd. l of this Subsection, no
On -Sale Intoxicating Liquor License shall be granted to i)
any establishment other than a restaurant or hotel locat-
ed in the PCD -2, PCD -3 Subdistricts or the Mixed Devel-
opment District as established by Section 850 of this Code;
ii) any amusement or recreation establishment including
amusement arcades, bowling centers, pod balls or estab-
lishments offering amusement devices as defined by Sec-
tion 215 of this Code, iii) anyhshment located in a
building which also contains ,at=y' units as defined
by Section 850 of this Code, or v) any establishment locat-
ed in the pCD-8 Subdistrict which will centaur more than
150 seats.
N0.10 General Restrictions; Conditions of Sale.
Subd. 1 Conduct. Every licensee shall be responsible for
the conduct of the licensee's place of business and shall
maintain conditions of acbriety and order.
Subd. 2 Age. No wine or liquor shall be sold to any person
under the State established legal drinking age, or to an in-
toxicated person, directly or indirectly.
Subd. 3 Under Age Workers. No person under the age of
18 shall serve or sell liquor or wine.
Subd. 4 Gambling and Prostitution. No licensee shall
Possess or operate, or permit the keeping. possession
or on on the licensed premises, or in any room ad -
the licensed premises controlled by the licensee,
anyslot machines, dice or other gambling equipment as de.
fined in M.S. 349.30. nor permit any gambling therein, nor
Permit the licensedprem�sea or any room in the same or in
any adjoining building, directly or indirectly under Ii--
canoes
a control, to be used as a resort for prostitutes or
6otthmebrLdiissorderly persons; provided, however, that lawful
=gars snowed by a be license issued pursuanted on if allowed to M S. 34this Code and
r
this Code.
Subd. 6 Manufacturer or Distiller of Malt Liquor. No
equi ent or future in any licensed place shall be owned
in whole or in part by any manufacturer or brewer, as de-
fined in M.S. 340A, of wine or liquor.
Solid. 6Open to Inspection. All licensed premises shall
be opep to inspection by any police officer or other desig-
nated officer or employee of the City at any time there are
Perrone within the licensed premises.
Subd. 7 Hours of Sale. The hours and days of sale shall
be as set forth in M.S. 340A.504. Except, however.
A. Ibrtablishments holding a Wine License under this Sec -
!ion or establishments holding both an On -Sale Club
Liquor License and a Sunday On -Me License under this-
may sell intoxicating liquor or wine in conjunction
with the sale of food between the hours of 10:00 A. M. and
12:00 midnight on Sundays, provided that the licensee is
in conformance with the Minnesota Clean Air Act, and
B. Establishments holding both an On -Sale Intoxicating
Liquor License and a Sunday On -Sale License may sell in-
taxicstiog liquar and wine in cenlunction with the sale of
W2 fib. the hours of 12:00 noon and 12:00 midnight
on
Subd. 8 Homs Of Consumption, No liquor or wine shall
be consumed by any person on, in or about a licensed
premises more than 30 minutes following the time estab-
hed by this Subsection for cessation of the We of wine
or liquor.
Subd. 9 No Liquor or Wine in Non -Licensed Food Es-
tablishments. Except as permitted by a license issued