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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