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HomeMy WebLinkAbout2002-10 Amending Sections 900 & 1230 EDINA ORDINANCE NO. 2002-10 An Ordinance Amending Section 900 - Sale of Liquor and Wine; Licensing, Section 1230 - Conduct in Parks and Public Places And Section 185 - Fees and Charges THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Paragraph F. of Subsection 900.04 is amended as follows: F. Temporary On-Sale Intoxicating Liquor License - permits the on-sale of 3.2 percent malt liquor, intoxicating malt liquor, wine and intoxicating liquor at events sponsored by certain organizations. Not more than two such licenses shall be issued to the same organization or corporation in a calendar year with at least 30 days between issue dates. Each license shall be issued for not more than three consecutive days. The City Council may restrict such licenses to the sale of 3.2 percent malt liquor, intoxicating malt liquor or wine only." Section 2. Paragraph G. of Subsection 900.04 is amended as follows: "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 two such licenses shall be issued to the same organization or corporation in a calendar year with at least 30 days between issue dates. Each license shall be issued for not more than three consecutive days." Section 3. Paragraph J of Subsection 900.05 is amended to read as follows: "J. In the case of an application for a Temporary On-Sale 3.2 Percent Malt Liquor License or a Temporary On-Sale Intoxicating 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." Section 4. The second sentence of Subsection 900.06 is amended to read as follows: "The City Council shall conduct a public hearing on the application for a new On-Sale Intoxicating Liquor License or a Temporary 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." Section 5. Paragraph L of Subsection 900.08 is amended to read as follows: "L. If for a Temporary On-Sale Intoxicating Liquor License, any organization other than the Edina Chamber of Commerce, the 50`h and France Business and Professional Association, the Edina Community Foundation or the City. A holder of a Temporary On-Sale Intoxicating Liquor License shall not be eligible to hold a Temporary On-Sale 3.2 Percent Malt Liquor License during all or part of the same license term." Section 6. Paragraph M of Subsection 900.08 is amended to read as follows: Ordinance No. 2002-10 Page 2 "M. If for a Temporary On-Sale 3.2 Percent Malt Liquor License, any person who is not a non-profit corporation or organization that has been in existence for at least three years where the serving of alcoholic beverages is incidental to and not the main purpose of the organization and which is organized for i) charitable or religious purposes for which gifts are deductible from the income of the donor under the Internal Revenue Code of 1986, as now enacted or as supplemented or amended, ii) service to the nation, state or community, iii) social purposes, iv) promotion of sports, v) promotion of persons to elective office, or vi) promotion of business within the community. A holder of a Temporary On-Sale 3.2 Percent Malt Liquor License shall not be eligible to hold a Temporary On-Sale Intoxicating Liquor License during all or part of the same license term." Section 7. Subsection 900.09 is amended by providing a new Subd. 6 as follows: "Subd. 6 Temporary Licenses. In addition to the requirements of Subd 1 of this Subsection, not more than four Temporary On-Sale 3.2 Percent Malt Liquor licenses and not more than two Temporary On-Sale Intoxicating Liquor Licenses shall be issued for any one location in a calendar year with at least 30 days between issue dates. For purposes of this paragraph, "location" shall mean a physical location within 1000 feet of the perimeter of the premises first licensed in the calendar year. Section 8. Section 900 is amended by adding a new Subsection 900.13 as follows: "900.13 Special Requirements for Temporary Licenses. In addition to the requirements of Subsection 900.10 and Subd 4, Subd 6 and Subd 8 of Subsection 900.12, the following special requirements apply to the sale of 3.2 percent malt liquor, wine and intoxicating liquor sold pursuant to a Temporary On-Sale 3.2 Percent Malt Liquor License or a Temporary On-Sale Intoxicating Liquor License issued in accordance with this Section: Subd.l Licensed Premises. The licensed premises must have a physical barrier separating the licensed premises from other areas so as to prevent the passing of patrons in locations other than through approved entrances and exits. Subd. 2 Sales and Consumption. No sales or consumption of alcoholic beverages shall be permitted beyond the licensed premises. Subd. 3 Manager. The Council may require that the licensed premises be under the direct supervision of a manager approved by the Police Chief. In approving the qualifications of the manager, the Police Chief shall consider the manager's experience in overseeing the operation of an establishment or event that serves alcoholic beverages. Subd. 4 Police Protection. If required by the Council, the applicant shall provide, at the applicant's expense, policing of the license premises by security personnel approved by the Police Chief. Subd.5 Age of Servers. For a Temporary On-Sale Intoxicating Liquor License, all persons engaged in the service of alcoholic beverages must be not less than 21 years of age. Ordinance No. 2002-10 Page 3 Subd. 6 Hours of Sale and Consumption. In addition to the provisions of Subd. 7 and Subd. 8 of Subsection 900.10 of this Code, the Council may further restrict the sale and consumption of alcoholic beverages pursuant to a temporary license to certain hours. Subd. 7 Sale Prices. No licensee shall promote the consumption of alcoholic beverages on the licensed premises by any means or methods which result in prices which are less than those normally charged during the license term including, but not limited to, two-for-one offers, happy hours, or other similar offers, prizes, coupons, games or barters. Subd. 8 Other Requirements. The City Council may impose other requirements as it deems necessary to promote public safety. Section 9. Subsections 900.13, 900.14, 900.15 and 900.16 are respectively renumbered Subsections 900.14, 900.15, 900.16 and 900.17. Section 10 Subparagraph lb.of Paragraph O. of Subsection 1230.02 is amended to read as follows: "b. Inside the Edinborough Park building, the Centennial Lakes Park Centrum building, the building at Arneson Acres Park, the Edina Art center, the Edina Senior Center and on decks, patios and other outdoor dining areas which are adjacent to such buildings." Section 11. Paragraph O. of Subsection 1230.02 is amended by adding a new Subparagraph 5. as follows: "5. Alcoholic beverages may be consumed on premises holding a Temporary On-Sale 3.2 Percent Malt Liquor License or a Temporary On-Sale Intoxicating Liquor License issued pursuant to Section 900 of this Code and which are authorized by a permit issued pursuant to Subsection 1230.08 of this Code." Section 12. Section 1230 of the Code is amended by adding a new Subsection 1230.08 as follows: "1230.08 Special Permits for Temporary Liquor Licenses. The City Council may issue a special permit to the holder of a Temporary On-Sale 3.2 Percent Malt Liquor License or a Temporary On-Sale Intoxicating Liquor License issued pursuant to Section 900 of this Code for the purpose of occupying a park, street, sidewalk or publicly owned property with a licensed premises. Applications for a special permit shall be made on forms supplied by the Clerk and shall include a plan drawn to scale which illustrates the exact location of the licensed premises and all proposed signs, including signs attached to vehicles, that will be used to identify the licensed premises or to promote the sale of alcoholic beverages. The application shall be accompanied by the fee set forth in Section 185 of this Code. In addition to the requirements of Section 160 of this Code, no permit shall be issued pursuant to this Subsection unless the following requirements are met: A. The City Council shall find that the issuance of the permit i.) will not be detrimental to or endanger the public health, safety, morals and general welfare, ii.) will not cause undue traffic hazards, congestion or parking shortages and iii.) will not be injurious to the use and enjoyment, or decrease the value of other property in the vicinity, and will not be a nuisance. Ordinance No. 2002-10 Page 4 B. No signs or symbols of any kind shall be used to identify the licensed premises or product dispensed therein other than those specifically approved by the City Council. C. The permit holder shall indemnify and hold the City harmless from any loss, cost, damage and expense arising out of the holder's use, design, operation or maintenance of the property. The indemnity shall be on forms provided by the Clerk. D. The permit holder shall furnish to the Clerk evidence that public liability insurance has been procured for any death or personal injury arising from the ownership, use, operation or maintenance of the property in the amounts of not less than $100,000 for injury to or death of one person, of $300,000 for any one incident, and not less than $50,000 for damage to property arising from any one incident. The permit holder shall maintain such insurance in effect at all times during the term of the permit. The City shall be named as an additional named insured in the policy providing such insurance. E. The permit holder shall furnish a surety bond, letter of credit or cash deposit in an amount determined by the City Council but not less than $5,000 to be used by the City for the purpose of replacing or repairing any damage to public property caused by the permit holder's use. A surety bond shall be from a corporate surety authorized to do business in the State. The surety bond, letter of credit or cash deposit shall be released by the City upon completion of the repair or replacement of any damage to public property. F. The City council may impose other requirements and conditions necessary to promote public safety. Section 13. Subsection 1230.08 is renumbered 1230.09. Section 14. Schedule A of Section 185 of the Code is amended as follows" "Temporary On-Sale Intoxicating $200.00 Per Event "1230.08 Temporary Liquor License Special Permit $300.00 Per Event Section 15. Effective Date: This ordinance shall be in full force and effect upon passage and publication. First Reading: January 7, 2003 Second Reading: January 21, 2003 Published: January 30, 2003 Attest Debra A. Mangen, City erk Dennis F. Maetzold, Mayor ! Ct}n Of EiWla Subd.5 Age of Servers. For a Temporary On-Sale Intoxi ��JJ lull eating Liquor License,all persons,engagedin the service (Official Publication) of alcoholic,beverages must be notless than 21 years ofage EDINA ORDINANCE NO.2002-10 - An Ordinance Amending Section 900-Sale of - Subd.6 Hours of Sale and Consumption In addition ti Liquor and Wine;Licensing,Section 1230- the provisions of Subd.7 and Subd.8 of Subsection 900a Conduct in Parks and Public Places And Section of this Code,the Council may further restrict the sole"ani newspapers 185-Fees and Charges consumption of alcoholic beverages pursuant to a tempo I rary license to certain hours. THE CITY COUNCIL OF THE CITY OF EDINA OR- e con AFFIDAVIT OF PUBLICATION RAINS: Subd.7 Sale Prices. ev licensee shall promote premise � sumption of alcoholic beverages on the licensed premise: Sectioul. Paragraph F.of Subsection 900.04 is amended by any means or methods which result in prices which ars as follows: less than those normally charged during the license tern including,but not limited to,two-for-one"offers,happ; F. Temporary On-Sale Intoxicating Liquor License-per- hours,or other similar offers,prizes,coupons,games o. wits the on-sale of 3.2 percent malt liquor,intoxicating barters. SS. I malt liquor,wine and intoxicating liquor at events spon- sored by certain organizations.Not more than two such li- Subd.8 Other Requirements. The City Council may im V tenses shall be issued to the same organization or corpo- pose other requirements as it deems necessary-to promot ration in a calendar year with at least 30 days between public safety. issue dates.Each license shall be issued for not more than eing duly sworn on an oath states or affirms, that he is the Chief ; three consecutive days.The City Council may restrict such Section 9. Subsections 900.13,900.14,900.15 and 900.1, licenses to the sale of 3.2 percent malt liquor,intoxicating are respectively renumbered Subsections 900.14,900.1: ewspaper known as Sun-Current and has full malt liquor or wine only."- 900.16 and 900.17. Section 2.Paragraph G.of Subsection 900.04 is amended Section 10, Subparagraph 1b.of Paragraph O.of Subset tated below: ! as follows: tion 1230.02 is amended to read as follows: "G.Temporary On-Sale 3.2 Percent Malt Liquor License- "b.Inside the Edinborough Park building,the Centennia complied with all of the requirements constituting qualification as a I permits the on-sale of 3.2 percent malt liquor at events Lakes Park Centrom building,the building at Arneso: I sponsored by certain organizations. Not more than two Acres Park,the Edina Art center,the Edina Senior Cente provided by Minn. Stat. §331A.02, §331A.07, and other applicable such licenses shall be issued to the same organization or and on decks,patios and other outdoor dining areas whit corporation in a calendar year with"at least 30 days be- are adjacent to such buildings." tween issue dates. Each license shall beissued for not, - �- Section 11.Paragraph O.of Subsection 1230.02 is anent more than three consecutive days. ed by adding a new Subparagraph 5.as follows: - tice that is attached was published in the newspaper once each week, Section 3. Paragraph J of Subsection 900.05 is amended to read as follows: "5. Alcoholic beverages may be consumed on premise holding a Temporary On-Sale 3.2 Percent.Malt Liquor L weeks; it was first published on Thursday, the 30 day of "J. In the case of an application for a Temporary On-Sale cense or aTemporary On-Sale Intoxicating Liquor Licem 3.2 Percent Malt Liquor License or a Temporary On-Sale issued pursuant to section 90o of this Code and whichar nd was thereafter printed and published on every Thursday to and Intoxicating Liquor License.The applicant shall provide authorized by a permit issued pursuant to Subsectio evidence satisfactory to the Clerk that the applicant com- 1230.08 of this Code." - plies with the requirements of Subsection 900.08 as to _day of 2003;and printed below is a copy of the beingaqualifiedcorporation ororganization." Section 12.Section 1230oftheCode isamended hyaddin a new Subsection 1230.08 as follows: 'l A to Z, both inclusive, which is hereby acknowledged as being the Section 4. The second sentence of Subsection 900:06 is amended to read as follows: "1230.08 Special Permits for Temporary Liquor License The City Council may issue a special permit to the hold[ :d in the composition and publi notice: "The City Council shall conduct apublic hearing onthe ap- of a Temporary On-Sale 3.2 Percent Malt LiquorLicen: I plication for a new On-Sale Intoxicating Liquor License or or a Temporary On-Sale Intoxicating Liquor License i, abcdefghijklmnopgrstuvwlxyz a Temporary On-Sale Intoxicating Liquor License within sued pursuant to Section 900 of this Code for the purpoe a reasonable period following receipt of a complete appli- of occupying a park,street,sidewalk or publicly owne (�7 cation and completion of the investigation required by property with a licensed premises.Applications for a spy f3Y: "7 4 Subsection 900.05." - -sial permit shall.be made on forms supplied by the Clei -7 z4eQ _ and shall include a plan drawn to scale which illustratf CFO Section 5. Paragraph L of Subsection 900.08 is amended the exact location of the licensed premises and all propose i to read as follows: signs,including signs attached to vehicles,that will 1 used to identify the licensed premises or to promote ti "L. If for a Temporary On-Sale Intoxicating Liquor Li- sale of alcoholic beverages. The application.shall be a cense,any organization other than the Edina Chamber of companied by the fee set forth in Section 185 of this Cod l Commerce,the 50th and France Business and Profession- In addition to the requirements of Section 160 of this Cod )�raffirmed,,J before me al Association,the Edina Community Foundation or the no permit shall be issued pursuant to this Subsection m less the followin r uirements are metCity.A holder of a Temporary On Sale Latoxicating Liquor g c,4 License shall not be eligible to hold a Temporary On-Sale - - 200. 32 Par ant*n+t r. r'c^oe uuru g m arc ox the n.'S C yy 4oune' .i "iron that 4h<:_ ZZ-pe same use `oi m.� mit i.)will not be detrimental to or endanger the pub] health,safety,morals and general welfare,ii.)will n „ Section 6 Paragraph M of Subsection 900.08 is amended cause undue traffic hazards,congestion or parking shoe to read as follows: ages and iii)will not be injurious to the use and enio went;or decrease the value of other property in the vici "M. If for a Temporary On-Sale 3.2 Percent Malt Liquor ity,and will not be a nuisance. License,any person who is not a non-profit.corporation ar B No signs or bots of an kind shall be used to iden tIDEL M.HEDBLOM organization that has been in existence for at least three gns re Y years where the serving of alcoholic beverages is inciden- fy the licensed premises or product dispensed therein oth AM PSA I tal to and not the main purpose of the organization and than those specifically approved by the City Council. ih;ISStON EXPIRES l I which is organized for c charitable a religious purposes C The permit holder shall indemnify and hold the Ci for which gifts are deductible from the income of the donor harmless from any loss,cost,damage and expense arisii under the Internal Revenue Code of serve as now enacted out of the holder's use,design,operation.or maintenan l or to supplemented or amended,ii)service to the nation, of the roe The indemnity shall be on forms rovid RATE INFORMATION I state or community,iii)social purposes,iv)promotion of property.rtY tY P sports;v)promotion of persons to elective office,or vi)pro- by the Clerk. motion of business within the community.A holder of a D.The permit holder shall furnish to the Clerk eviden paid by commercial users $ 2.85 er line Temporary On-Sale 3.2 Percent Malt Liquor License shall p ! not be eligible to hold a Temporary On-Sale Intoxicating that public liability insurance has been procured for a Liquor License during all or part of the same license term." death or personal injury arising from the ownership,u: operation or maintenance of the property in the amour d b law Section 7. Subsection 900.09 is amended by providing a of not less than$100,000 for injury to or death of one pi Y $ 6.20 er line son,of$300,000 for any one incident,and not less th p new Subd.6 as follows: $50,000 for damage to property arising from any one in "Subd.6 Temporary Licenses.In addition to the require- dent.The permit holder shall maintain such insurance I1.40 ments of Subd 1 of this Subsection,not more than four effect at all times during the term of the-permit.TheC $ Per line ne _ Temporary On-Sale T m Percent Malt Liquor licenses and shall be named as an additional named insured in the p is providing not more than two Temporary On-Sale Intoxicating Liquor Y P g such insurance. Licenses shall be issued for any one location in a calendar E.The permit holder shall furnish a surety bond,letter year with is least 30 days between issue dates.For purl credit oash deposit in an amount determined by the C poses of this paragraph,'location"shall mean a physical P location within 1000 feet of the perimeter of the premises Councilbut not less than$5,000 to be used by the City first licensed in the calendar year. the purpose of replacing or repairing any damage to p+ lic property caused by the permit holder's use. Asur- Section 8. Section 900 is amended by adding a new Sub- bond shall be from a corporate surety authorized to section 900.13 as follows: business in the State.The surety bond,letter of credit _cash deposit shall be released by the City upon complef "900.13 Special Requirements for Temporary Licenses.In of the repair or replacement of any damage to publiopr addition to the requirements of Subsection 900.10 and arty. Subd 4,Subd 6 and Subd 8 of Subsection 900.12,the.fol- E.Ths City council may impose other requirements s lowing special requirements apply to the sale of 3.2 per- conditions necessary to promote public safety. - cent malt liquor,wine and intoxicating liquor sold purl suant to a Temporary On-Sale 3.2 Percent Malt Liquor Li- Section 13 Subsection 1230.08 is renumbered 1230.0E cense or a Temporary On-Sale Intoxicating Liquor License - _---__- •.��. .,�.;�,o.,. Section 14 Schedule A of Section 185 of the C, Subd.1 Licensed Premises The licensed premises must "amended.as follows have a physical barrier separating the licensed premises from other areas so as to prevent the passing of patrons in "Temporary On-Sale Intoxicating locations other than through.approved entrances and $200.00 Per Event exits. - - s,- "1230:08 Temporary Liquor License Special Permi Subd.2 Sales and Consumption.No sales or consumption- - $300.00 Per Event _ t. of alcoholic.beverages_shall be permitted beyond the li- censed premises. Section 15 Effective Date:This ordinance shall be i The Subd.3 Manageforce and effect upon passage and publication. Manager. Council mayrequire that the li-. censed premises be under the direct supervision of a man- - First Reading. January 7,2003 _ ager approved by the Police Chief.In approving the qual Second Reading: January 21,2003 ifications of the manager;the Police.Chief shall consider. - Published:. January 30,2003 . the managers experience in overseeing the operation of an - - establishment or event that serves alcoholic beverages. Attest-- _' Debra A-Mangen Dennis E Maetzi OISubd.4 Police Protection. Ifrequired by the Council,the City Clark- applicant shall provide,at the applicant's expense,polic- ing of the&cense premises by security personnel approved (Jan_ 30,2003)DLOrd 2002-10 by the Police Chief.