HomeMy WebLinkAbout2004-10 Amending Section 150 ORDINANCE NO. 2004-10
AN ORDINANCE AMENDING SUBSECTIONS 900.02 and 900.03
OF THE CITY CODE - MUNICIPAL LIQUOR DISPENSARY
The City Council of the City of Edina ordains:
Section 1. Subsection 900.02 of the City Code is amended to read as follows:
"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 for the off-sale of liquor and wine. There is hereby established a
municipal liquor dispensary for the off-sale and on-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 Off-Sale Dispensary. The following shall apply to the municipal liquor dispensary
for the off-sale of liquor and wine:
A. 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.
B. 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.
C. Subject to the requirements of M.S. 340A.504, the hours of operation and the
dispensary shall be established by resolution of the Council.
D. All restrictions as to the manner of conducting sales as set forth in Subsection 900.10
except Subd. 7 thereof shall apply to the dispensary.
Subd. 2. On-Sale Dispensary. All restrictions as to the manner of conducting sales as set
forth in subsections 900.10, 900.11 and 900.12 shall apply to the municipal liquor dispensary
for the on-sale of liquor and wine."
Section 2. Subsection 900.03 of the City Code is amended to read as follows:
"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, other than sales by the City at its
municipal liquor dispensary."
Ordinance No. 2004-10
Page Two
Section 3. Subd. 4 of Subsection 900.09 of the City Code shall be amended to read as follows:
"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.
Section 4. Paragraph 0. 3 of Subsection 1230.02 of the City Code shall be amended to read as
follows:
"3. 3.2 percent malt liquor, wine and intoxicating malt liquor which is dispensed by the City or by
an agent of the City at an on-sale dispensary authorized pursuant to Subsection 900.02 may be
consumed subject to other applicable provisions of this Code and subject to the rules and regulations
of the Park Director pursuant to Subsection 1230.06 on the grounds of Braemar Golf Course. 3.2
percent malt liquor which is dispensed by the City or by an agent of the City at an on-sale dispensary
authorized pursuant to Subsection 900.02 may be consumed subject to other applicable provisions of
this Code and subject to the rules and regulations of the Park Director pursuant to Subsection
1230.06 on the grounds of Fred Richards Golf Course.
Section 5. This Ordinance shall be in full force and effect upon passage and publication.
First Reading: July 20, 2004
Second Reading: August 3, 2004
Publication: August 12, 2004
Attest V " 0l
Debra A. MangeA, CiW Clerk Dennis F. Maetzold ,' Mayor
2004
NOTICES
newspapers City of Edina
AFFIDAVIT OF PUBLICATION (OeacialPublication)
ORDINANCE No.8004-10
STATE OF MINNESOTA) AN ORDINANCE AMENDING SUBSECTIONS
900.02,800.03 and 12511.02
OF THE CITY CODE—MUNICIPAL LIQUOR
SS. DISPENSARY
COUNTY OF HENN EPI N) The City Council of the City of Edina ordains:
Section 1. Subsection 900.02 of the City Code is amend-
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief ed to read as follows:
"900.02 Off-Salo
Limited to Municipal Liquor
Financial Officer of the newspaper known as Sun-Current and 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,
has full knowledge of the facts stated below: or by any store or establishment,or by any agent or em-
ployee of such person,store or establishment,except by the
(A)The newspaper has complied with all of the requirements constituting qualification as City and on the premises in the City occupied by the mu-
nicipal liquor dispensary for the off-sale of liquor and wine.
a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other There is hereby established a municipal liquor dispensary
for the off-sale and on-sale of liquor and wine.The dispen-
sary shall be located at such suitable places in the City as
applicable laws,as amended. the Council determines by resolution.
Subd.1 Off-Salle D!Veusag. The following shall apply
(B)The printed public notice that is attached was published in the newspaper once each to the municipal liquor dispensary for the off-sale of liquor
and wine:
Man-
week,for one successive week(s);it was first published on Thursday,the 12 day
A. The.dispensary
he Manager mahall c a deinthemployees as de e control of maned
gY appoint
necessary to operate the dispensary in full compliance
of August , 2004,and was thereafter printed and published on every Thursday with flus section and state Law No person under the
State established legal drinking age shall,be employed
to and includingThursday,the da of 2004'and printed below in the dispensary.
ursy� y p B. The Manager may require persons employed in the
dispensary to furnish a surety bond to the City in the
is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby same manner as prescribed by Subsection 115.12 of
this Code.
acknowledged as being the size and kind of a used in the composition and ublica- C. Subject to the requirements of M.S.shall b e the
9 9 � p p hours of operation and the dispensary shall be estab-
lished by resolution of the Council.
tion of the notice: D. All restrictions as to the manner of conducting sales as
set forth in Subsection 900.10 except Subd.7 thereof
shall apply to the dispensary.
abcdefglylklmnopgrstuvwxyz Subd.2. On-Sale Dispensary.All restrictions as to the
manner of conducting sales as set forth in subsections
900.10,900.11 and 900.12 shall apply to the municipal
liquor dispensary for the on-sale of liquor and wine."
Section 2. Subsection 900.03 of the City Code is amend-
BY: ed to road as foUgws: �
CFO "800.03 se Requrred. No
laccaperson,except whole-
salers 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,other than sales by the City at its municipal liquor
Subscribed and sworn to or affirmed before me dispensary."
on this 12th day of August 2004. Section 3. Subd.4 of Subsection 900.09 of the City Code
shall be amended to read as follows:
"Subd.4 Wine Licenses. In addition to the require-
Aa� ments 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
Nota Pub is Mixed Development District or the Planned Office Dis-
ry trict"
Section 4. Paragraph O.3 of Subsection 1230.02 of the
City Code shall be amended to read as follows:
MARY ANN CARL`SON "3. 3.2 percent malt liquor,wine and intoxicating malt
NOT
ARy PUBLIC_ A liquor,wh'ichda dispensed.by the City or by an agent of the
191-08 City at an on-sale dispensary authorized pursuant to Sub-
section 900.02 may be consumed subject to other applica-
ble provisions of this Code and subject to the rules and
hoop FPPPPPPI regulations of the Park Director pursuant to Subsection
1230.06.on the grounds of Braemar Golf Course.3.2 per-
RATE INFORMATION cent malt liquor which is dispensed by the City or by an
agent of the City at an on-sale dispensary authorized pur-
suant to Subsection 900.02 may be consumed subject to
1 Lowest classified rate aid b commercial users $ 2.85 er line other applicable provisions of this Code and subject to the
p y p rules and regulations of the Park Director pursuant to
for comparable space Subsection 1230.06 on the grounds of Fred Richards Golf
Course."
/2 Maximum rate allowed b law $ 6.20 r line Section 5. This Ordinance shall be in full force and effect
y upon passage and publication.
First Reading. July 20,2004
(3) Rate actually charged $ 1.40 per line Publication: August
12,2004
ATTEST:
Debra A.N Dennis F Maetzold
City Clerk "kms 4ayor
(Aug.12,20,04)dl/erd'2004-10 rpunicipal dispensary