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Home My WebLink About2001-08 Ameding Section 900 EDINA ORDINANCE NO.2001 -8 AN ORDINANCE AMENDING SECTION 900 OF THE EDINA CITY CODE THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Paragraph I of Subsection 900.04 License Types is deleted Section 2. Subsection 900.05 is amended to read as follows: "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. If, in the judgment of the Council as to off- sale and on-sale licenses, good and sufficient cause for the applicant's failure to apply for a renewal within the time provided is shown, the Council, 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:" Section 3. Paragraph H of Subsection 900.05 is amended to read as follows: "H. 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. 2 of Subsection 900.12 as to the completion of an alcohol awareness program;" Section 4. Paragraph I of Subsection 900.05 is amended to read as follows: 'T 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. 3 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." Section 5. Subsection 900.06 is amended to read as follows: "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, 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." Section 6. Subdivision 4 of Subsection 900.07 is amended to read as follows: "Subd. 4 Investigation Fees.Upon application for a new or the transfer of an existing Wine License, On-Sale Intoxicating Liquor License, On-Sale 3.2 Liquor License or Off-Sale 3.2 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." Section 7. Subdivision 2 of Subsection 900.12 is deleted and Subdivision 3, 4, 5, 6, 8, 9, 10 and renumbered as Subdivision 2, 3,4, 5, 6, 7, 8, and 9. Section 8. Paragraph C of Subdivision 2 of Subsection 900.12 is deleted Section 9. Section 185 Schedule A is hereby amended by deleting the fee for "Manager's License, Per Person Per Year of$82.00". Section 10. Effective Date: This ordinance shall be in full force and effect upon adoption and publication according to law. Passed and adopted this 5"'day of November, 2001. First Reading: November 5, 2001 Second Reading: November 20,2001 Published in Edina Sun Current: November 28,2001 Attest City Clerk Mayor City of Edina (Oficial Publication) EDINA ORDINANCE NO.2001•S AN ORDINANCE AMENDING SECTION 900 OF THE EDINA CITY CODE v � THE CITY COUNCIL OF THE CITY OF EDINA OR newspapers DAINS: Section 1.Paragraph I of Subsection 900.04 License Type: AFFIDAVIT OF PUBLICATION is deleted Section 2.Subsection 900.05 is amended to read as follows STATE OF MINNESOTA) "900.05 License Application;Renewal.An application fm any license required by this Section or the renewal of ar existing license shall be made on forms provided by the SS. Clerk.The provisions of Section 160 of this Code,shal apply to all licenses required by this Section,and to thf COUNTY OF H E N N E P I N) holders of such licenses,except that licenses and renewal: shall be granted or denied in accordance with Subsectior Gene Carr,beingdui sworn on an oath states or affirms,that he is the interim publisher of the 900.06.All applications shall be accompanied by the fee: y set forth in Subsection 900.07.Every license issued under this Section shall expire at 12:01 A.M.on April l following newspaper known as Sun-Current or the president's designated agent, its date of issuance.Renewal applications shall be sub mitted at least 60 days but not more than 150 days before expiration of the license.If,in the judgment of the Coun and has full knowledge Of the facts stated below: cil as to off-sale and on-sale licenses,good and sufficient cause for the applicant's failure to apply for a renewer (A)The newspaper has complied with all of the requirements constituting qualification as a within the time providedis shown,the Council,may,if the I other provisions of this Section are complied with,grant qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable the license. Inaddition to the application requirement provided in Seecc tion 160 of this Code,applicants shall also provide the following:" laws, as amended. Section 3.Paragraph H of Subsection 900.05 is amendec (B)The printed public notice that is attached was published in the newspaper once each week, to read as follows: j "H.In the case of an application for a Wine License,or On for one successive weeks; it was first published on Wednesday, the 28 day of j Sale Intoxicating Liquor License,the applicant shall pro vide evidence satisfactory to the Clerk as to compliance November 2001, and was thereafter printed and published on eve Wednesday to and with the requirements of Subd.2 of Subsection 900.12 w P P every y to the completion of an alcohol awareness program;" including Wednesday, the day of 2001;and printed below is a copy of Section 4.Paragraph I of Subsection 900.05 is amended t read as follows: the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being 'T In the case of an application for a Wine License or On. Sale Intoxicating Liquor License,the applicant shall pro- the size and kind of type used in the composition and publicati n Of the notice: vide evidence satisfactory to the Clerk as o compliance with the requirements of Subd.3 of Subsection 900.12 a: abcdefghijklmnopgrstuvwxyz 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 re- BY: newal on a Wine License or an On-Sale Intoxicating Liquor License,or at other times as the Clerk may request. If the President and Publisher application is for the renewal of a Wine License or an On- Sale Intoxicating Liquor License,the affidavit shall alsc include the actual percentage of gross receipts attributable to the sale of food during the immediately preceding 12 I month period. The Clerk shall require that any such affi- Subseribed and sworn!�Zirmed be re me davit be verified and confirmed,on a form provided by the Subscribed and sworn be re me Clerk,by a Certified Public Accountant.Failure or refusal �J rJ of a licensee to give such affidavit with such application. on this day of Q. ,2 01. or on request of the Clerk,or any false statement in any such affidavit,shall be grounds for denial,suspension of revocation of all licenses held by such licensee." \\ Section 5.Subsection 900.06 is amended to read as follows: -) w � we Application; Thprovisions ofSection 60 othisCade hall apply to all MERIDPL M.HEDBLOM licenses required by Subsection 900.04 and to the holder. e;. of such licenses,provided that all licenses,shall be grant- ��vP; NOTARY PUBLIC-MINNESOTA ed or denied by the City Council and the Commissioner,il MY COMMI,,SIQN EXPIRES 1-37.2005 required by State law. The City Council shall conduct a ^w�tar� public hearing on the application for a new On-Sale In- KAoxicating Liquor License within a reasonable period fol- lowing receipt of a complete application and completion of the investigation required by Subsection 900.05. A notice RATE INFORMATION 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 (1) Lowest classified rate paid by commercial users $ 2.85 per line and written views of all interested persons,the Council shall make its decision at the same meeting or at a speci- for comparable Space fied future meeting. No hearing shall be required for the renewal or the transfer of an On-Sale Intoxicating Liquor license." (2) Maximum rate allowed by law $ 6.20 per line Section 6.Subdivision 4 of Subsection 900.07 is amended to read as follows: - (3) Rate actually charged $ 1.40 per line "Subd.4 Investigation Fees.Upon application for a new oz the transfer of an existing Wine License,On-Sale Intoxi- cating Liquor License,On-Sale 3.2 Liquor License or Off- Sale ff Sale 3.2 Lgu ,License, the applicant shall deposit $500.00 with the City for the investigation fee. If the in- vestigation requires an out-of-state investigation,an ad- ditional$2,000.00 shall be deposited before further pro- cessing of the application by the City.The Clerk may fron: time to time require the deposit of additional investigatior fees up to the limits provided herein before further pro- cessing of the application if the cost of investigation ex ceeds the amounts previously deposited.The cost of the in vestigation shall be based on the expense involved,but it no event shall it exceed$500.00 if the investigation is lim ited to the State or$10,000.00 if outside the State. All de posited monies not expended on the investigation shall be refunded to the applicant. All investigative expenses in ,..,.......1...,.o..........0 A,_.7......x:4 V-11 1—..e:.7.....n..+n rn $200.00 unless there is a change of ownership of more than 10%cumulatively over the then existing license period." Section 7.Subdivision 2 of Subsection 900.12 is deleted and Subdivision 3,4;5,6,8,9,10 and renumbered as Sub- I division 2,3,4,5,6,7,8,and 9. i Section'8.Paragraph C of Subdivision 2 of Subsection 900.12 is deleted Section 9.Section 185 Schedule A is hereby amended by deleting the fee for"Manager's License,Per Person Per Year of$82.00". Section 10.Effective Date:This ordinance shall be in full force and effect upon adoption and publication according to law. Passed and adopted this 20th day of November,2001. First Reading: November 5,20;01 Second Reading. _ November 20,2001 Published in Edina Sun Current: November 281-2001 Dennis F.Maetzold i Mayor Attest Debra A.Mangen City Clerk (November 28,2001)D1/Ord 2001-8