HomeMy WebLinkAbout2015-20 Amending Chapter 4 ORDINANCE NO. 2015-20
AN ORDINANCE AMENDING CHAPTER 4
OF THE EDINA CITY CODE CONCERNING ALCOHOLIC BEVERAGES
THE CITY COUNCIL OF EDINA ORDAINS:
Section 1. Chapter 4 of the Edina City Code is amended to read as follows:
Sec. 4-1. State Law Provisions Adopted.
The provisions of Minnesota Statutes Chapter 340A are adopted and made a part of this
chapter as if fully set out herein, except as hereinafter modified.
Sec. 4-2. Definitions.
For the purposes of this chapter, the following terms shall have the meanings given them
herein:
Restaurant. A business licensed by the city under the control of a single proprietor or manager
having a full service kitchen when, 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. Such establishment shall have facilities for seating not less than thirty (30)
guests at one time. Not more than 15% of the total seating capacity shall be located at a bar or
service counter. This limitation does not apply to a bar or service counter that is also integral to
the preparation of food. The kitchen shall be open at all times the facility is open to the public,
except that the kitchen may close no earlier than I-hour prior to closing.
Sec. 4-3. License Required.
A. Except as provided in Minnesota Statutes Chapter 340A, no person may directly or
indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or
otherwise dispose of alcoholic beverages as part of a commercial transaction without having
obtained the required license or permit.
B. Holders of an on-sale intoxicating liquor license are exempt from the requirement
that an on-sale 3.2 percent malt liquor license be obtained.
Sec. 4-4. Types of Licenses.
A. "On-Sale Liquor License." On-sale liquor licenses shall be issued only to those
establishments allowed under Minnesota Statutes Section 340A.404, Subd. I. On-sale liquor
licenses shall permit the sale of intoxicating liquor for consumption on the premises only.
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B. "Special Club Licenses." Special on-sale licenses shall be issued only to clubs in
accordance with the provisions of Minnesota Statutes Section 340A.404, Subdivision 1.
C. "On-Sale Sunday Liquor Sale License." On-sale Sunday liquor sale licenses may be
issued to establishments holding an on-sale liquor license hereunder.
D. "On-Sale Wine License." On-sale wine licenses may be issued for the sale of wine
for consumption on the licensed premises only. An on-sale wine license may be issued only to a
restaurant. The holder of an on-sale wine license who is also licensed to sell 3.2 percent malt
liquors at on-sale is authorized to sell intoxicating malt liquors at on-sale without an additional
license.
E. "On-Sale 3.2 Percent Malt Liquor License." On-sale 3.2 percent malt liquor
licenses shall be granted only to bona fide clubs, beer stores, restaurants and hotels where food is
prepared and served for consumption on the premises. On-sale 3.2 percent liquor licenses shall
permit the sale of beer for consumption on the premises only.
F. "Off-Sale 3.2 Percent Malt Liquor License." Off-sale 3.2 percent malt liquor
licenses shall permit the sale of beer at retail, in the original package, for consumption off the
premises only.
G. "Cocktail Room License." Cocktail room licenses shall be issued only in
accordance with Minnesota Statutes Section 340A.22, Subdivision 2.
H. "Brew Pub License." Brew pub licenses shall be issued only in accordance with
Minnesota Statutes Section 340A.24.
I. "Brewer Taproom License." Brewer taproom licenses shall be issued only in
accordance with Minnesota Statutes Section 340A.26.
J. "Temporary On-Sale 3.2 Percent Malt Liquor License." The city council may issue
a temporary on-sale license for the sale of 3.2 percent malt liquor to a club, charitable, religious
or nonprofit organization. The temporary license shall be subject to such terms and conditions as
the council shall subscribe. Except where specifically excluded, applicants for temporary licenses
shall be subject to the provisions of this chapter.
K. "Temporary On-Sale Liquor Licenses." The city council may issue to: (1) a club or
charitable religious or other nonprofit organization in existence for at least three years, (2) a
political committee registered under Minnesota Statutes Section I OA.14 or (3) a state university,
a temporary license for the on-sale of intoxicating liquor in connection with a social event within
the municipality sponsored by the licensee. The license may authorize the on-sale of intoxicating
liquor for not more than four consecutive days, and may authorize on-sales on premises other
than premises the licensee owns or permanently occupies. The license may provide that the
licensee may contract for intoxicating liquor catering services with the holder of a full year on-
sale liquor license issued by the city. The licenses are subject to the terms, including license fee,
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imposed by the city. The licenses issued under this section are subject to all laws and ordinances
governing the sale of intoxicating liquor except Minnesota Statutes Sections 340A.409 and
340A.504, Subdivision 3, Paragraph (d), and the laws and ordinances which by their nature are not
applicable. Temporary licenses must first be approved by the Minnesota Commissioner of Public
Safety before they become valid. No more than three 4-day, four 3-day, or six 2-day temporary
licenses, in any combination not to exceed twelve days per year, may be issued for the sale of
alcoholic beverages to any one organization or registered political committee, or for any one
location, within a twelve month period. Not more than one temporary license may be issued to
any one organization or registered political committee, or for any one location, within any thirty
day period.
Sec. 4-5. Prohibited Licenses. The City may not issue on-sale or off-sale licenses for
exclusive liquor stores.
Sec. 4-6. License Application.
Sec. 4-6-I. Contents of Initial Application.
In addition to the information which may be required by the forms of the Minnesota
Commissioner of Public Safety, the applicant shall complete the application forms furnished by the
city.
Sec. 4-6-2. Renewal Applications.
A. License Period, Expiration. Each renewal license shall be issued for a maximum
period of one (1) year. All licenses expire on April I of each year.
B. Time of Making Application. Applications for the renewal of an existing license
shall be made at least sixty (60) days prior to the date of the expiration of the license, and shall
state that everything in the prior applications remains true and correct except as otherwise
indicated.
Sec. 4-6-3. Execution of Application.
If the application is by a natural person, it shall be signed and sworn to by such person; if
by a corporation, by an officer thereof, if by a partnership, by one of the partners; if by an
unincorporated association, by the operating officer or managing officer thereof. If the applicant is
a partnership, the application, license and bond or insurance policy shall be made and issued in the
name of all partners. It shall be unlawful to make any false statement in an application.
Applications shall be filed with the city clerk.
Sec. 4-7. Granting Licenses.
Sec. 4-7-1. Investigation.
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At the time of making an initial application, renewal application, or request for a new
operating officer, the applicant shall, in writing, authorize the Edina Police Department to
investigate all facts set out in the application and do a personal background and felony criminal
record check on the applicant. The applicant shall further authorize the Police Department to
release information received from such investigation to the city council. Should the city council
deny the applicant's request for a license due, partially or solely, to the applicant's prior
conviction of a crime, the city council shall notify the applicant in writing of the following
information:
A. The grounds and reasons for the denial;
B. The applicable complaint and grievance procedure as set forth in Minnesota
Statutes Section 364.06;
C. The earliest date the applicant may reapply for a license; and
D. That all competent evidence of rehabilitation will be considered upon
reapplication.
Sec. 4-7-2. Hearing Requirements.
A. Notice of Hearing. Upon receipt of the written report and recommendation by
the police department, and within twenty (20) days thereafter, the clerk shall cause to be
published in the official newspaper ten (10) days in advance, a notice of hearing to be held by the
council, setting forth the date, time and place when the hearing will be held, the name of the
applicant, the premises where the business is to be conducted, the nature of the business and
such other information as the council may direct.
B. Conduct of Hearing. At the hearing, opportunity shall be given to any person to
be heard for or against the granting of the license.
C. Hearing on Renewal Applications. Hearings are not required on renewal
applications.
D. Hearing Cost. The cost of all hearings shall be borne by the applicant.
E. Exempt From Hearings. The provisions of this section shall not apply to
applications for: on-sale wine licenses, on- sale and off-sale 3.2 percent malt liquor licenses, or
temporary licenses.
Sec. 4-7-3. Granting License.
After an investigation and hearing, if required, the council shall grant with or without
conditions or deny the application.
Sec. 4-7-4. Issuance.
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A. Issuance. Each license shall be issued to the applicant only. No license may be
transferred to another person or to another place without the approval of the council and
without a new application having been filed.
B. Exact Location and Size. Except in the case of a golf course, licenses shall only be
issued to a space that is compact and contiguous. Each license shall be issued only for the exact
rooms and square footage described in the application.
C. Changes to Building. Proposed enlargement, substantial alteration which, in the
city's opinion, changes the character of the establishment or extension of premises previously
licensed shall be reported to the clerk at or before the time application is made for a building
permit for any such change. The enlargement, substantial alteration or extension shall not be
allowed for the sale or consumption of alcoholic beverages unless the council approves an
amendment to the liquor license.
Sec. 4-7-5. Report to State.
The clerk shall, within ten (10) days after the issuance of any license under this chapter,
submit to the Minnesota Commissioner of Public Safety the full name and address of each person
granted a license, the true name, the effective license date, and the date of expiration of the
license. He/she shall also submit to the Commissioner of Public Safety any change of address,
transfer, cancellation or revocation of any license by the council during the license period.
Sec. 4-8. License Fees.
Sec. 4-8-1. Fees Established.
A. Application Fees. The annual license application fee shall be the amount set forth
in Section 2-724. 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
(1/12) of the license fee per month or portion of a month remaining in the license year at the
time of application.
B. Investigation Fees. Investigation fees shall be as follows:
. At the time of each original application for a license, the applicant shall pay the
applicable investigation fees. For investigations conducted outside of the state, the
city may recover the actual investigation costs if the costs exceed the applicable
fees. Any fees due in excess of the in state investigation fee must be paid prior to
the license hearing and before the city council considers the application.
2. At the time an additional investigation is required because of a change in the
ownership of any license or control of a corporate license, or because of a
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transfer from place to place, the licensee shall pay an additional investigation fee
equal to a fee for a new license.
3. At any time that an additional investigation is required because of an enlargement,
substantial alteration which, in the city's opinion, changes the character of the
establishment, or extension of premises previously licensed, the licensee shall pay
an additional investigation fee equal to a fee for a new license.
Sec. 4-8-2. Payment of Fees.
The license fee for a new license shall be paid in full before the application for the license
is accepted. The annual license fee for the renewal of an existing license shall be paid prior to the
expiration of the existing license.
Sec. 4-8-3. Refunds.
No part of the fee paid for any license shall be refunded, except (1) as authorized under
Minnesota Statutes Section 340A.408, (2) upon rejection of any application for reasons other than
a willful misstatement in the license application, or (3) upon withdrawal of an application before
approval of the issuance by the council. The license fee shall be refunded to the applicant. The
investigation fee shall not be refunded.
Sec. 4-8-4. Change of Ownership; Exception.
Where a new application is filed as a result of incorporation by an existing licensee and
the ownership control and interest in the license are unchanged, no additional investigation fee
will be required.
Sec. 4-9. Conditions of License.
Sec. 4-9-I. Compliance with Laws.
A. City and State Laws. Every license shall be granted subject to the conditions of
this chapter and of any other applicable ordinance of the city and/or state law.
B. Area of License. No license shall be effective beyond the areas approved in the
license for which it was granted.
Sec. 4-9-2. License Year.
All liquor licenses shall expire on April 1.
Sec. 4-9-3. Posting License.
The license shall be posted in a conspicuous place in the licensed establishment at all
times.
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Sec. 4-9-4. Alcohol Awareness Training.
A. Within thirty (30) days following the issuance of a new wine license or a new on-
sale intoxicating liquor license, not less than seventy-five percent (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 seventy-five percent (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 ninety (90) days prior to an application for license renewal for
a wine license or an on-sale intoxicating liquor license.
C. The alcohol awareness program shall address the requirements of Minnesota law
and Edina ordinances with attention to the prevention of over serving customers.
Sec. 4-9-5. Responsibility of Licensee; Hours, Orderly Conduct.
Every licensee shall be responsible for the conduct of his place of business including
conduct and activity of the premises attributable to the business.
Sec. 4-9-6. Hours of Operation.
The provisions of Minnesota Statutes Section 340A.504 with reference to the hours of
sale are hereby adopted and made a part of this chapter as if fully set out herein. Malt liquor in
growlers may also be sold at off-sale on Sunday after 8:00 A.M.
Sec. 4-9-7. Beverage Restrictions.
A. No intoxicating liquor shall be sold or furnished or delivered to any obviously
intoxicated person, or to any person to whom sale is prohibited by state law.
B. No person shall give, sell, procure or purchase intoxicating liquor to or for any
person to whom the sale of intoxicating liquor is forbidden by law.
Sec. 4-9-8. Display of Liquor.
No "on-sale" liquor establishment shall display liquor to the public during hours when the
sale of liquor is prohibited.
Sec. 4-9-9. Prohibited Conditions.
A. Prostitution. No licensee shall knowingly permit the licensed premises or any
room in those premises or any adjoining building directly under his control to be used for
prostitution.
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B. Controlled Substances. No licensee shall knowingly permit the sale, possession or
consumption of controlled substances on the licensed premises in violation of Minnesota Statutes
Chapter 152.
C. Gambling Prohibited. Gambling is prohibited in licensed premises.
D. Adult Entertainment. The findings, purpose and objectives of Article IX of
Chapter 12 are hereby incorporated by reference. No licensee shall permit any specified sexual
activities, the presentation or display of any specified anatomy or conduct of a sexually oriented
business all as defined by Chapter 36 on the licensed premises or in areas adjoining licensed
premises where such activities can be seen by patrons of the licensed premises.
Sec. 4-9-10. Bowling, Bocce and Amusement Devices.
A. No on-sale intoxicating liquor license shall be granted to any establishment that
has bowling lanes or bocce courts except to a restaurant and subject to the following:
I. Not more than 50 percent of the gross floor area of the licensed premises shall
comprise bowling lanes or bocce ball courts. For purposes hereof, each bowling
lane shall be deemed to measure 650 square feet and each bocce ball lane shall
be deemed to measure 900 square feet.
2. Machines or amusement devices as defined in article II of this chapter shall not
be permitted in the licensed premises.
3. Bowling lanes and bocce courts and lanes shall be located indoors. All exterior
windows and doors adjoining areas occupied by bowling lanes or bocce ball
courts must remain closed between the hours of 10:00 p.m. and 9:00 a.m.
4. Outdoor games are prohibited.
B. No on-sale intoxicating liquor license shall be granted to any establishment that
has amusement devices, except to a restaurant and subject to the following:
I. The licensed premises shall be at least 30,000 square feet in gross floor area.
2. The licensed premises shall be located on a site that provides at least 250,000
square feet in total building area, including primary buildings and any outlot
building.
3. Not more than 40 percent of the gross floor area of the licensed premises shall
be used for operation of amusement devices regulated by this section.
4. The licensed premises shall contain at least 200 seats and provide a full food
menu during all hours that it is open to the general public.
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5. All regulated amusement devices shall be licensed in accordance with section 6-
92 and shall be located on the interior of the premises.
6. The licensed premises shall be at least 500 feet from single dwelling or other
residential buildings. This distance shall be measured from the perimeter of the
licensed premises to the closest face of the residential building.
Sec. 4-9-11. Right of Inspection.
A. Premises. Any police officer, building inspector or any properly designated officer
or employee of the city shall have the unqualified right to enter, inspect and search the premises
of any licensee hereunder at any time without a warrant.
B. Records. The business records of the licensee, including federal and state tax
returns, shall be available for inspection by the city at all reasonable times upon written request.
Sec. 4-9-12. Continued Validity of License.
A. The licensed premises must be operated and managed by the licensee. The
licensee may not allow a prospective or actual buyer to manage or operate the premises until
that person is licensed.
B. Licenses issued to corporations shall be valid only so long as there is no change in
the officers or ownership interest of the corporation, unless such change is approved by the
council, in which event said license shall continue in force until the end of the then current license
year. The requirements concerning changes in officers or ownership interest in the corporation
do not apply to corporations whose stock is traded on the New York or American Stock
Exchanges.
C. Licenses issued to associations or partnerships shall be valid only so long as there
is no change in the partnership or association agreement or in the ownership of said partnership
or association unless such change is approved by the council, in which event said license shall
continue in force until the end of the then current license year.
D. Licensees shall submit written notice to the clerk of any such changes described
herein on or before thirty (30) days prior to the effective date of any such change.
Notwithstanding the definition of"interest" as given in this chapter in the case of a corporation,
the licensee shall notify the clerk when a person not listed in the application acquires an interest
which, together with that of a spouse, parent, brother, sister or child, exceeds five percent (5%)
interest in the corporation and shall give all information about said person as is required of a
person pursuant to the provisions of this chapter.
E. Corporations holding licenses shall submit written notice to the city clerk of any
change in operating officers at least thirty (30) days prior to the effective date of such change. The
written notice shall designate the new operating officer and shall contain all of the information
about said person as is required of a single applicant. The new operating officers shall be subject
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to the investigation required by section 4-6-1 of this chapter. Investigation fees shall be as
determined by the city council pursuant to subsection 4-7-1 B of this chapter.
F. The designation of a new operating officer shall not cause the corporation's license
to become invalid before a decision is rendered by the city council, provided proper notice and
application are made pursuant to subsection E of this section. A proposed new operating officer
shall be referred to as the interim operating officer. In the event an interim operating officer is
rejected by the city council, the corporation shall designate another interim operating officer and
make the required application within fifteen (15) calendar days of the council's decision. In that
event, a corporation shall be limited to two (2) successive interim operating officers.
Sec. 4-9-13. Patio.
A. The issuance of an "on-sale liquor", "special club intoxicating liquor", "on-sale
wine", or "on-sale 3.2 percent malt liquor" license pursuant to this code will be limited to the sale
and consumption of alcoholic beverages inside of a structure on the licensed premises, unless the
licensee applies for and receives approval from the city council for a patio to allow the sale and
consumption outside of a structure on the licensed premises.
B. Definition. "Patio" means any outdoor area located on the premises used for
serving food or alcohol but does not include a golf course.
C. Regulations:
I. The patio shall not be enclosed in such a manner that the space becomes an
indoor area as defined by Minnesota Statutes Section 144.413.
2. The patio shall be clearly delineated by an approved fence at least thirty- six inches
(36") in height or some other approved structure or barrier that has designated
openings for ingress or egress, to prevent the ingress or egress of persons to and
from the patio except by way of the designated openings for ingress or egress.
Such patios shall be considered compact and contiguous.
3. Patio screening may be required if the premises is adjacent to a residential district,
consistent with the fencing/screening/landscaping provisions of this code.
4. The premises shall be in compliance with the parking provisions of this code.
5. The patio shall have sufficient vehicle barriers installed to reduce the entry of
vehicles into the patio if it is in direct contact with or immediately adjacent to a
vehicle parking area or street.
6. The patio shall be in compliance with the noise amplification, lighting, sign, and
sidewalk cafe requirements of this code.
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D. Application; Site Plan. The application shall contain a detailed description and site
plan of the entire premises including the following: size and seating capacity of the licensed
building; proposed patio size and seating capacity including table, chair, and aisle arrangements;
and fence or landscape barrier type and height.
Sec. 4-10. Security.
Sec. 4-10-1. Liability Insurance.
All applicants for any type of intoxicating liquor, 3.2 percent malt liquor, or wine license,
must, as a condition to the issuance of the license, maintenance of the license and renewal of the
license, demonstrate proof of financial responsibility with regard to liability imposed by Minnesota
Statutes, Section 340A.801 to the city. The minimum requirements for proof of financial
responsibility are set forth in Minnesota Statutes Section 340A.409. The sale of alcohol is
prohibited if the required insurance is not in effect.
Sec. 4-10-2. Terms of Insurance Certificate.
Certificates of insurance required by section 4-9-1 of this chapter shall provide that the
city must be given ten (10) days' advance written notice of the cancellation of any insurance
described in the certificate.
Sec. 4-11. Public Character of Liquor Sales.
No sales of intoxicating liquor shall be made to or in guestrooms of hotels unless the
rules of such hotel provide for the service of meals in guestrooms; nor unless the sale of such
intoxicating liquor is made in the manner "on-sales" are required to be made; nor unless such sale
accompanies and is incidental to the regular service of meals to guests therein; nor unless the
rules of such hotel and the description, location and number of such guestrooms are fully set out
in the application for a license.
Sec. 4-12. Persons Ineligible for License.
A. State Law. No license shall be granted to or held by any person made ineligible
for such a license by state law.
B. Operating Officer. No license shall be granted to a corporation that does not
have an operating officer who is eligible pursuant to the provisions of this chapter.
C. Real Party In Interest. No license shall be granted to a person who is the spouse
of a person ineligible for a license pursuant to the provisions of subsections A and B of this
section or who, in the judgment of the council, is not the real party in interest or beneficial
owner of the business operated, or to be operated, under the license.
D. "Interest" Defined. The term "interest" as used in this section includes any
pecuniary interest in the ownership, operation, management or profits of a retail liquor
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establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona
fide open accounts or other obligations held with or without security arising out of the ordinary
and regular course of business of selling or leasing merchandise, fixtures or supplies to such
establishment; or an interest of ten percent (10%) or less in any corporation holding a city liquor
license. A person who receives monies from time to time directly or indirectly from a licensee in
the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall
be deemed to have a pecuniary interest in such retail license. In determining "bona fide", the
reasonable value of the goods or things received as consideration for the payment by the licensee
and all other facts reasonably tending to prove or disprove the existence of any purposeful
scheme or arrangement to evade the prohibitions of this section shall be considered.
E. Outstanding Debts. No license shall be granted or renewed for operation on any
premises on which real estate taxes, assessments, or other financial claims of the city or of the
state are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions
of Chapter 278 Minnesota Statutes, questioning the amount or validity of taxes, the council may,
on application by the licensee, waive strict compliance with this provision; no waiver may be
granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding
one year after becoming due unless such one year period is extended through no fault of the
licensee.
Sec. 4-13. Restrictions Involving Persons Under the Legal Drinking Age.
Sec. 4-13-1. Prohibited Acts.
A. No Sale To Persons Under The Legal Drinking Age. No licensee, agent or
employee shall serve or dispense upon the licensed premises any intoxicating liquor or 3.2
percent malt liquors to a person under the legal drinking age; nor shall such licensee, or his/her
agent or employee, permit any such person to be furnished or consume any such liquors on the
licensed premises; nor shall such licensee, his/her agent or employee, permit any such person to
be delivered any such liquors.
B. Delivery To Persons Under The Legal Drinking Age. No persons under the legal
drinking age shall receive delivery of intoxicating liquor.
Sec. 4-13-2. Misrepresenting Age.
No person under the legal drinking age shall misrepresent his/her age for the purpose of
obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall he/she enter any premises
licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purpose of
purchasing or having served or delivered to him/her for consuming any such intoxicating liquor or
3.2 percent malt liquor, nor shall any such person purchase, attempt to purchase, consume or
have another person purchase for him/her any intoxicating liquor or 3.2 percent malt liquor,
except that a person under the age of twenty-one (2 1) years may purchase or attempt to
purchase an alcoholic beverage if under the supervision of a responsible person over the age of
twenty-one (2 1) for training, education, or research purposes.
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Sec. 4-13-3. Identification Requirements:
A. Identification Required. Any person shall, upon demand of the licensee, his/her
employee or agent, produce and permit to be examined (1) a valid driver's license or
identification card issued by Minnesota, another state, or a province of Canada, and including the
photograph and date of birth of the licensed person, (2) a valid military identification card issued
by the United States Department of Defense, (3) a valid passport issued by the United States, (4)
a valid instructional permit issued under Minnesota Statutes section 171.05 to a person of legal
age to purchase alcohol which includes a photograph and the date of birth of the person issued
the permit, or (5) in the case of a foreign national, a valid passport.
B. Prima Facie Evidence. In every prosecution for a violation of the provisions of this
section 4-12 relating to the sale or furnishing of intoxicating liquor or 3.2 percent malt beverages
to persons under the legal drinking age, and in every proceeding before the council with respect
thereto, the fact that the person involved has obtained and presented to the licensee, his/her
employee or agent, a driver's license, passport, or nonqualification certificate issued by the
department of public safety, from which it appears that said person was not under the legal
drinking age and was regularly issued such identification card, shall be prima facie evidence that
the licensee, his/her agent or employee is not guilty of a violation of such a provision and shall be
conclusive evidence that a violation, if one has occurred, was not willful or intentional.
Sec. 4-14. Revocation or Suspension of License.
Sec. 4-14-1. Grounds for Suspension or Revocation.
The council may suspend or revoke any license for the sale of intoxicating or 3.2 percent
malt liquor for any of the following reasons:
A. False or misleading statements made on a license application or renewal, or failure
to abide by the commitments, promises, or representations made to the city council.
B. Violation of any special conditions (e.g., restrictions on entertainment) under
which the license was granted, including, but not limited to, the timely payment of real estate
taxes, and all other charges.
C. Violation of any state or federal law regulating the sale of intoxicating liquor, 3.2
percent malt liquor, or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the licensed premises or
on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to
the sale of intoxicating liquor or 3.2 percent malt liquor.
F. That the licensee had knowledge of illegal acts upon or attributable to the licensed
premises, but failed to report the same to the police.
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G. Expiration or cancellation of any required insurance, or failure to notify the city
within a reasonable time of changes in the term of the insurance or the carriers.
Sec. 4-14-2. Presumptive Civil Penalties.
A. Purpose. The purpose of this chapter is to establish a standard by which the
council shall determine the length of license suspensions and the propriety of revocations. This
chapter shall apply to all premises licensed under this chapter and the penalties herein shall be
presumed to be appropriate. The council may deviate from the presumptive penalty when it finds
that there exists extenuating or aggravating reasons to deviate, including, but not limited to a
licensee's efforts, in combination with the state or the city, to prevent the sale of alcohol to
minors. When deviating from these standards, the council shall provide written findings
supporting the penalty selected.
B. Hearing Notice. No sanction under this chapter shall take effect until the licensee
has been given the opportunity for a hearing to be held in accordance with Minnesota Statutes
Section 340A.415 and the Administrative Procedures Act Sections 14.57 to 14.69. The council
may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given
at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and
state the nature of the charges against the licensee. For first violations, for which the
presumptive penalty is a fine, the licensee may, at any time prior to the hearing, pay the fine and
waive the right to a hearing.
C. Presumptive Penalties For Violations:
Type of Violation I st Violation 2nd Violation 3rd Violation 4th Violation
Commission of a Revocation N/A N/A N/A
felony related to the
licensed activity
Sale of alcoholic Revocation N/A/ N/A/ N/A
beverages while
license is under
suspension
Adult entertainment Revocation N/A/ N/A/ N/A
Sale of intoxicating Revocation N/A/ N/A/ N/A
liquor where only
licensed for 3.2
percent malt liquor
Refusal to allow city $1,000.00 $2,000.00 Revocation N/A
inspectors or police fine and 3- fine and 7-
admission to inspect day day
premises suspension suspension
Sale of alcoholic $500.00 fine $1,000.00 $2,000.00 Revocation
beverages to underage fine and 3- fine and 7-
Ordinance No. 2015-20
Page 15
person day day
suspension suspension
After or before hours $500.00 fine $1,000.00 $2,000.00 Revocation
sale of alcoholic fine and 3- fine and 7-
beverage day day
suspension suspension
After or before hours $500.00 fine $1,000.00 $2,000.00 Revocation
consumption of fine and 3- fine and 7-
alcoholic beverages day day
suspension suspension
Gambling or $500.00 fine $1,000.00 $2,000.00 Revocation
prostitution on fine and 3- fine and 7-
premises day day
suspension suspension
Failure to take $500.00 fine $1,000.00 $2,000.00 Revocation
reasonable steps to fine and 3- fine and 7-
stop person from day day
leaving premises with suspension suspension
alcoholic beverage
Sale of alcoholic $500.00 fine $1,000.00 $2,000.00 Revocation
beverage to obviously fine and 3- fine and 7-
intoxicated person day day
suspension suspension
Allowing a disorderly $500.00 fine $1,000.00 $2,000.00 Revocation
establishment fine and 3- fine and 7-
day day
suspension suspension
Person under 18 $500.00 fine $1,000.00 $2,000.00 Revocation
serving liquor fine and 3- fine and 7-
day day
suspension suspension
Failure to display Warning $500.00 fine $1,000.00 $1,500.00
liquor license letter fine fine
D. Other Penalties. When a violation of this chapter or an applicable statute,
ordinance, or rule regarding alcoholic beverages is without a presumptive penalty, the penalty
shall be determined by the council.
E. Multiple Violations. At a licensee's first appearance before the council, the council
must act upon all of the violations that have been alleged in the notice sent to the licensee. The
council shall consider the presumptive penalty for each violation under the first appearance
column in this chapter. The occurrence of multiple violations is grounds for deviation from the
presumed penalties in the council's discretion.
F. Subsequent Violations. A violation occurring after the notice of hearing has been
mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a
Ordinance No. 2015-20
Page 16
second appearance before the council, unless the licensee agrees in writing to add the violation to
the first appearance. The same procedure applies to the second, third or fourth appearance.
G. Subsequent Appearances. Upon a second or subsequent appearance before the
council by the same licensee, the council shall impose the presumptive penalty for the violation or
violations giving rise to the particular violation or violations that were the subject of the prior
appearance. However, the council may consider the amount of time elapsed between
appearances as a basis for deviating from the presumptive penalty imposed by this chapter.
H. Computation of Violations.
I. Any violation which has occurred within twenty-four (24) months of the current
violation shall be counted.
2. Nothing in this chapter shall restrict or limit the authority of the council to:
a. Suspend a license up to sixty (60) days;
b. Revoke the license;
C. Impose a civil fee not to exceed $2,000.00;
d. Impose conditions on a license; or
e. Take any other action in accordance with law;
provided that the licensee has been afforded an opportunity for a hearing in the
manner provided under this chapter.
Sec. 4-15. Open House Parties.
Sec. 4-15-1. Definitions.
The following words, terms and phrases, when used in this Section, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Alcoholic beverage means any beverage containing more than one-half of one percent of
alcohol by volume.
Control means the right of possession of a residence or premises.
Controlled substance means any drug, substance or immediate precursor so defined in
Minnesota Statutes § 152.01.
Ordinance No. 2015-20
Page 17
Open house party means a social gathering of persons at a residence or premises. A social
gathering attended only by the owners, or those with rights of possession of the residence or
premises, or their immediate family members, shall not be considered an open house party for
purposes of this chapter.
Person under the legal drinking age of 2 I years means a person not legally permitted by
reason of age to possess alcoholic beverages pursuant to the provisions of this Code and state
law.
Residence or premises means a home, apartment, condominium, hotel room, premises, or
other dwelling unit or meeting room or hall, whether occupied on a temporary basis or
permanent basis, whether occupied as a dwelling or for a social function, owned, rented, leased
or under the control of any person or persons including the curtilage of such residence or
premises.
Sec. 4-15-2. Acts prohibited.
No person having control of any residence or premises shall allow an open house party to
take place at the residence or premises if any alcoholic beverage is possessed or consumed at
the open house party by any person under the legal drinking age of 21 years or any controlled
substance is possessed or consumed at the open house party.
Section 2. This ordinance is effective January 1, 2016.
First Reading: October 6, 2015
Second Reading: October 20, 2015
Published: November 5, 2015
1
i
Attest: --/
Debra A. Mangipn,City r James B. Hovland, Mayor
Please publish in the Edina Sun Current on: November 5, 2015
Send two affidavits of publication
Bill to Edina City Clerk
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s)known
as:
SC Edina
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertion being on 11/05/2015 and the last
insertion being on 11/05/2015.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or(2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: V Z�LQ
Designated Agent
Subscribed and sworn to or affirmed before
me on 11/05/2015 by Charlene Vold.
Notary Public
'VVVwv��✓drV1IWVVVW�'v��uVW1NV1Ml�
leo DARLENE MARIE MACPHERSON
Notary Public-Minnesota
• my commission Expires Jen 31,2019
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 467156
Thursday,Nov.5,2015 Edina Sun Current Current.tnnsun.com 13
LEGAL NOTICES
r
City of Edina intoxicating liquor license is issued fpr a portion of a year,the annual If- ages inside of a structure on the licensed premises,unless the licensee
(Official Publication) cense application fee shall be prorated at the rate of one-twelfth(1/12)of applies for and receives approval from the city council for a patio to allow
ORDINANCE NO.2015-20 the license fee per month or portion-,of a month remaining in the license the sale and consumption outside of a structure on the licensed premises.
year at the time of application. ' S.Definition."Patio"means any outdoor area located on the premises
AN ORDINANCE AMENDING CHAPTER 4 B.Investigation Fees.Investigationfees shall be as follows: used for serving food or alcohol but does not include a goff course.
OF THE EDINA CITY CODE CONCERNING ALCOHOLIC BEVERAGES 1.At the time of each original application for a license,the applicant C.Regulations:
THE CITY COUNCIL OF EDINA ORDAINS: shall pay the applicable investigation fees.For investigations conducted 1.The patio shall not be enclosed in such a manner that the space be-
Section 1.Chapter 4 of the Edina City Code is amended to read as outside of the state,he city may recover he actual investigation costs comes an indoor area as defined by Minnesota Statutes Section 144.413.
follows: if the costs exceed the applicable fees.Any fees due in excess of the in 2.The patio shall be clearly delineated by an approved fence at least
Sec.4-1.State Law Provisions Adopted. state investigation fee must be paid Prior to the license hearing and before thirty-six inches(36')in height or some other approved structure or barrier
The provisions of Minnesota Statutes Chapter 340A are adopted and the city council considers the application, that has designated openings for ingress or egress,to prevent the ingress
made a part of this chapter as if fully set out herein,except as hereinafter 2.At he time an additional investigation is required because of a or egress of persons to and from the patio except by way of the deag-
modified
. change in the ownership of any license or control of a corporate license, nated openings for ingress or egress.Such patios shall be considered
Sec.4-2.Definitions. or because of a transfer from place to piece,the licensee shall pay an ad- compact and contiguous.
purposes of this chapter,the following terms shall have the dltiond investigation fee equal to a fee for a new license. 3.Patio screening a be re premises s adjacent
For the gm y required thetoeresi-
meanings given them herein: 3.At any time that an additional investigation is required because of an dentia)district,consistent with the fencing/screening/landscaping provi-
Restaurant A business licensed by the city under the control of a single enlargement,substantial alteration which,in he city's opinion,changes signs of this code.
proprietor or manager having a full service kitchen when,inconsideration he character of the establishment,or extension of premises previously 4.The premises shall be in compliance with the parking provisions of
of payment,meals are havingregularly served is tables to the general public end licensed,the licensee shall pay an additional investigation fee equal to a this code.
which employs an adequate staff to provide the usual and suitable service tee
for a new license. 5.The patio shall have sufficient vehicle harriers installed to reduce the
to its guests.Such establishment shall have facilities for seating not less Sec.4-8-2.Payment o1 Fees. entry of vehicles into the patio 0 it is in direct contact with or immediately
than thirty(30)guests at one time.Not more than 15%of the total seating The license fee for a new license shall be paid in full before the appii- adjacent to a vehicle parking area or street.
capacity shall be located at a bar or service counter.This Ilmitation does cation for the license is accepted.The annual license fee for the renewal 6.The patio shall be in compliance with the now amplification,lighting,
not apply h l bar or service counter that is conalso integral to the prepare- of an existing.license shall be paid prior to he expiration of the existing sign,and sidewalk cafe requirements of this code.
tion of food.The kitchen shall be open at all times the facility is open t- license. D.Application;Site Plan.The application shall contain a detailed de-
the public,except that the kitchen may close no earlier than 1-hour nor
SC'4$-3.Refunds. scripticn and site plan of the entire premises including the following:size
to closing. No part of the fee paid for any license shall be refunded,except(1)as and seating capacity of the licensed building;proposed patio size and
Sac.4-3.License Required. authorized under Minnesota Statutes Section 340A-408,(2)upon rejection seating capacity including table,chair,and aisle arrangements;and fence
A.Except as provided in Minnesota Statutes Chapter 340A,no person of any application for reasons other than a willful misstatement in the li- or landscape barrier type and height.
may directly or indirectly,on any pretense or by any c evice,sell,barter, cense application,or(3)upon withdrawal of an application before approval Sac.4-10.Security.
keep for sale,charge for possession,or otherwise dispose of alcoholic of he issuance by the council.The license fee shall be refunded to the Sec.4-10-1.Liability Insurance.
beverages as part of a commemiai transaction without having obtained applicant.The investigation fee shall not be refunded. All applicants for any type of intoxicating liquor,3.2 percent matt li-
the required license or permit. Sm.4-8-4•Change of Ownership;Exception. quor,or wine license,must,as a condition to the issuance of the license,
B.Holders of an on-sale intoxicating liquor license are exempt from the Where a new application is filed as a result of incorporation by an ex- maintenance of the license and renewal of the license,demonstrate proof
requirement that an on-sale 3.2 percent malt liquor license a obtained. isting licensee and the ownership control and interest in the license are of financial responsibility with regard to liability imposed by Minnesota
unchanged,no additional investigation fee will be required. Statutes,Section 340A.801 to the city.The minimum
Sec.4-4.Types of Ucenses. ty. requirements for
A."On-Sale Liquor License."On-sale liquor licenses shall be issued Sec.4-9.Conditions of License. proof of financial responsibility are set forth in Minnesota Statutes Sec-
only to those establishments allowed under Minnesota Statutes Section A.City and Compliance with Lawn. tion t in effect.The sale of alcohol is prohibited if the required Insurance
34GA.404,Subd.1.On-sale liquor licenses shall permit the sale of intoxi- A.City and State Laws.Every license shall be granted subject to the not in affect.
tin liquor for consumption "Special
conditions of this chapter and of any omen applicable ordinance of the city s Sec.4-10-2.Terms of Insurance certificate.
cating premises only. and/or state law. Certificates of insurance
B."Special Club Licenses."Special on-sale licenses shall be issued B.Area of License.No license shall be effective beyond the areas required n(section 4-9-1 c w chapter shall
only to clubs in accordance with the provisions of Minnesota Statutes ed in the license for which it was ranted. y he cancellation of n in be given ten(10)days'advance written notice of
Section 340A.404,Subdivision 7. pfOV 9y insurance described in he certificate.
C."On-Sale Sunday Liquor Sale License."On-sale Sunday liquor sale Sec.4-9-2 License Yeas Sec.les Public Character of Liquor Sales.
licenses may be issued to establishments holding an on-sale liquor license All liquor licenses shallLicense.
on April 1. No sales ofintoxicatingmiss
of liquor hhotel
be made to or in of meals of
hereunder. Sec.493.Posting License. hotels unless the roles of such hotel provide for the service of meals in
D."On-Sale Wine License."On-sale wine licenses may be issued for The license shall es posted in a conspicuous place in the licensed es- manner
nor unless the sale of such intoxicating liquor is made c the
me sale of wine for consumption on the licensed premises only.An on- to -9 at all times. manner"orand
is
are required to be made;nor unless such sale accom-
sale wine license may be issued only to a restaurant.The holder of an Be..Sac.4-9-4.Alcohol Awareness paining. ponies and is incidental to the regular service of meals to guests therein;
on-sale wine license who s also licensed t°sell 3.2 percent mak liquors A.Within thirty(30)days following the issuance of a new wine license nor unless the rules of such hotel and the description,location and pum-
a[on-sale is authorized to sell intoxicating matt liquors at on-sale without arm w on-sale intoxicating liquor license,not less than seventy-five per- bar of such gueetrooms are fully set out in the application for a license.
an additional license. cent(75%)of he employees authorized to serve or sell wine or liquor on Sec.4-12.Persons Ineligible for License.
E."On-Sale 3.2 Percent Malt Liquor License."On-sale 3.2 percent mak the licensed premises shall have completed an alcohol awareness pro- A.State Law.No license shall be granted to or held by any person
liquor licenses shall be granted only to bona fide clubs,bear stores,res- grain approved by the police chief. made ineligible for such a license by state law.
taurants and hotels where food is prepared and served for consumption B.Not less than seventy-five percent(75%)of the employees autho- B.Operating Officer.No license shall be granted to a corporation that
onhe premises.On-sale 3.2 percent liquor licenses shall permit the sale npremises to serve or sell wine or liquor on the licensed mises must cam- does not have an operating officer who is eligible pursuant to the pvl-
of beer for consumption on the premises only. plate an alcohol awareness program approved by he police chief within sions of this chapter.
F."Off-Sale 3.2 Percent Malt Liquor License."Off-sale 3.2 percent matt ninety(90)days prior to an application for license renewal for a wine I, C.Real Party In Interest.No license shall be granted to a person who is
liquor permit he sale of bear at retail,in the original pack- -sale intoxicating liquor license. the spouse of a ineligible p provisions of
li licenses shall cense or an on person ire igi a for a license pursuant to the
age,for consumption off the premises only. C.The alcohol awareness program shall address the requirements of subsections A and B of this section or who,in the judgment of the council,
G."Cocktail Room Ucense."Cocktail room licenses shall be issued only Minnesota law and Edina ordinances with attention to the prevention of is not the real party in interest or beneficial owner of the business oper-
in accordance with Minnesota Statutes Section 340A.22,Subdivision 2. over serving customers. ated,or to be operated,under the license.
H."Brew Pub License."Brew pub licenses shall be issued only in ac- Sec.4-9-5.Responsibility of Licensee;Hours,Orderly Conduct D."Interest"Defined.The tens"interest"as used in this section in-
cordance with Minnesota Statutes Section 340A.24. Every licensee shall be responsible for the conduct of his place of busi- cludes any pecuniary interest in the ownership,operation,management
I."Brewer Taproom License."Brower taproom licenses shall be issued ness including conduct and activity of the premises attributable to the or profits of a retail liquor establishment,but does not include:bona fide
only in accordance with Minnesota Statutes Section rises shall
business. loans;bona fide fixed sum rental agreements;bona fide open accounts or
J."Temporary On-Sale inn Percent Mutt Liquor s Section
The city coun- Sec.4-9-6.Hours of Operation, other obligations held with or without security arising out of the ordinary
Oil may issue a temporary.2 Percent
license for the sales."3. percent matt The provisions of Minnesota Statutes Section 340A.504 with reference and regular course of business of selling or leasing merchandise,fixtures
liquor t 'ecus a nanpfn organization.The tempo- to the hours of sale are hereby adopted and made a part of this chapter as or supplies to such establishment;or an interest of ten Percent(10%o
quor o a club,charitable,religious if fully set out herein.Matt liquor in growlers may also be sold at off-sale less in any corporation holding a city liquor license.A person who receives
rary license shall be subject to such terms and conditions as the council on Sunday after 8:00 A.M. monies from time to time directly or indirectly from a licensee in he ab-
shall subscribe.Except where specifically excluded,applicants for tempo- Sec 49-7 Beverage Restrictions. sence of a bona fide consideration therefor and excluding bona fide gifts
airy licenses shall be subjecttor provisions h this chapter. A.No intoxicating liquor shall be sold or furnished or delivered to any or donations,shall be deemed to have a pecuniary Interest in such retail
K.s porery On-Sale Liquor
Licenses.'The city council may issue obviously intoxicated person,or to any person to whom sale is prohibited license.In determining"bona fide",he reasonable value of the goods or
to:(1) club or charitable religious or other nonprofit organization in ex- by state law. thins received as consideration for thepayment
stence for at least three years,(2)a political committee registered under B,No person shall give,sell,pmcum or purchase intoxicating liquor other facts reasonably tending to prove or d spraeytheeexistt licensee and y
Minnesota Statutes Section 10A.14 or(3)a state university,a temporary to or for any person to whom the sale of intoxicating liquor is forbidden purposeful scheme or arrangement to evade the prohibitions of this sec-
license for the on-sale of intoxicating liquor In connection with asocial by law tion shall be considered.
vent within the municipality sponsored by he licensee.The license may Sec 4-9-8.Display of Liquor. E.Outstanding Debts.No license shall be granted or renewed for op,
authorize the on-sale of intoxicating liquor for not more then four consecu- No"on-sale"liquor establishment shall display liquor to the public dur- enation on any premises on which real estate taxes,assessments,or other
live days,and may authorize on-sales on premises other than premises Ling hours when he sale of liquor is prohibited. financial claims of the city or of the state are due,delinquent,
the licensee awns or permanently occupies.The license may provide hat quen,or unpaid.
the licensee may contract for intoxicating liquor catering services with the Sec.459.Prohibited Conditions. 2 8 action has been commenced pursuant to the provisions of Chapter
holder of a full year on-sale liquor license issued by the city.The licenses A.Prost=i n.No licensee shall knowingly permit the licensed irectl prem- 278 Minnesota Statutes,questioning the amount or riot co p texas,the
are subject to h t ,.including license fee imposed by thecity.The. see or any room n those pre or any adjoining building tlnectty under count may,on application by the licensee,wave strict compliance with
licenses issued under-thunsipi are subject t all laws and ord nances, his control to be used f prostitution., this provision no waiver may be granted however,for taxes,or any por-
B.Controlled'Substances.No licensee shall knowingly permit the sale tion thereof,which remain unpaid for a period exceeding one year after
tion 340ming the sale of intoxicating liquor or except Paragraph
(d,ta a lutes Sec- possession o consumption of controlled substances on the licensed becoming due unless such one year period is extended through no fault
ands rdinan 09 and ch by their
Subdivision 3,Paragraph(d),and he laws
and ordinances which by their nature are not applicable.Temporary Ii- Premises In violation of Minnesota Statutes Chapter 152. of the licensee.
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss 14
COUNTY OF HENNEPIN
LEGAL NOTICES
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s)known
as: (continued from previous page)
rypeof Violation :1st 2nd. 3rd. 4th
SC Edina Wolation Wolatlon
Violation Vlolaeon
commission of a Revocation N/A N/A N/A
with the known office of issue being located felony related to
in the county of
the licensed activity
HENNEPIN Sale of alcoholic - Revocation N/A/ WA/ ,WA
beverages while
with additional circulation in the counties of: license is under
HENNEPIN susperelon
and has full knowledge of the facts stated Adult entertainment Revocation N/A/ WA/ WA
below: Seta of unii_catiog Revocation N/A/ N/A/" WA
(A)The newspaper has complied with all of liquor where ony
the requirements constituting qualifica- licensed.for 3.2.
tion as a qualified newspaper as provided "percent malt liquor
by Minn.Stat.§331A.02. Refusal to allow city $1,000:00 $2,000.00..Revocatlm N/A
(B)This Public Notice was printed and pub- inspectors or police fine and fine arta
lished in said newspaper(s) once each admission to 3-day 7-day
inspect . suspension suspension
insertion bee
week,forsuccessive );the first Sale of alcoholic $500.00 - 000.00 $2,000.00 Revbcatlon
being on 11/05//20152015 and the last Tl to fine fine and. fine and
insertion being on 11/05/2015. underage person, - 3-day 7-day
suspension]7-dy
sion
MORTGAGE FORECLOSURE NOTICES After bfbefore $500,00 $1,000:00 .00- Revocation
Pursuant to Minnesota Stat. §580.033 hours sale of fine fine and
relating to -the publication of mortgage alcoholic beverage 3-day
foreclosure notices:The newspaper complies suspension sion
with the conditions described in§580.033, After or before '$500.00 $1,000.00' 00 Revocation.
hours consumption fine' Me and
subd.1,clause(1)or(2).If the newspaper's ofalconollo 3-day known office of issue is located in a county beverages "suspension sionadjoining the county where the mortgaged Gambling or< $50D.og �$rpoO.oD 00 Revocation
premises or some part of the mortgaged prostitution m fine fine and fine and
premises described in the notice are located, premises 3-day .. 7-day
a substantial portion of the newspaper's - - suspension suspension
circulation is in the latter county. Failure to take $500.00. $1,000.00 $2,000.00 Revocation
reasonable steps fine fine end fine and
to stop person from 3-day 7-day
leaving premises suspension suspension
� with alcoholic
By: beverage
Designated Agent Sale of $500.00 $1,OOD.00 $2,000.00 Revocatlon
alcoholic beverage fine fine and fine and
Subscribed and sworn to or affirmed before to obviously 3-day 7-day
me on 11/05/2015 by Charlene Vold. intoxicated person suspension suspension
Allowing a $500.00 $1,000.00 $2,000.00 Revocation
disorderly finefine and fine and
establishment 3-day 7-aey
suspension suspension
r'- F Notary Public I arson under 1S $500.00 $1,000.00 $2,000.00 Revocation
serving liquor ..fine: fine and M.and
3-day 7-day
suspeaslon suspenslm
vv�Publjo-Minnesota
r' s'�^ Failure to display Warning $500:00 $1,000.00 $1,500.00
' &DARLEON puo lie sa lone fine line line
Nota D Other Penalties.When a violation of this chapter or an
R::o Mm otto - statute Ordinance,Penalt es rule applicable
sum five regarding alcoholic beverages Is wlthout'a pre-
p penalty,the penalty shall be determined by the council
E Multiple Violations.At a licensee's feet appearance before the coup
oil,the council must act upon all of the violations that have been alleged In
the notice sent to the liters e:The council shell Consider the presumptive
Penalty for each violation under the first appearance column in this chap-
ter.The occurrence of multiple violations is grounds for deviation from the
Presumed penalties in the'council's"discretion. '
Rate Information: F.Subsequent Violations.A Violation occurring after the notice of hear-
ing has been mailed,but prior to the hearing,must betreated m a separate
(1)Lowest classified rate paid by commercial users violation and dealt with asasecond appearance before the council,unless
for comparable space: the licensee agrees In writing to add the Wolatlon to the first appearance.
$34.45 per column inch The same procedure applies to,the second,third or fourth appearence."
G.SubsequeAt Appearances.Upon a second or subsequent appear
censee,the council shell impose.
Ad ID 467225 once before the council by the same li
fns presumptive penalty for'1he violation or violations giving.ase to the.
particular violation v101etions:that Were the Subject of the prior appear.
awe.,However,the counog may conslder the amount of time elapsed be
tw ' es ae besi
wren s,tbr gifWt ing.lroth tha.preaumptive pefialtk
tation of Violetiona,
1.Any violation which has occurred wlthinIWeny-four(24),months of
the current violation hall be counted,.
2.Nothing In this chapter shell restrict or limit the authority Of the coup-
oil to:
a.Suspend a license up to sixty 160)days;
`b.Revoke the Metals-
c.Impose a civil fee not to exceed$2,000.00;
'd.Impose conditions oh a Ilcsnsa;or -
e.Take any other action In accordance with law,
Provided that the Licensee has been afforded an opportunity for a hest-.
Ing in the manner Provided under this chapter.
Sec.4-15.Open House Parties., '
`Seb.4.15.1:Definitions.
The following words,terms and phrases,.when used.in this Section,
an
have the meanings ascribed to them In this section,except where the
content cleaay,ihdlmtes a dlfteront meaning;,
Alcoholic bevy age means.any beverage cOhtamIno more than one-hen
ageainside of a structure on the licensed premises,unless the licensee _
applies for and receives approval from the city council fora patio to allow
the sale and consumption outside of a structure on the licensed premises.
B.Definition.".Patio"means any outdoor area located on the premises
used for serving food or alcohol but does not include a golf course.
C.Regulations:
1.The patio shall not be enclosed in such a manner that the space be-
comes
n indoor area as defined by Minnesota Statutes Section 144.413.
2.The patio shall be clearly delineated by an approved fence at least
thirty-six inches(361 in height or some other approved structure or barrier
that has designated openings for Ingress or egress,to prevent the Ingress
or egress of persons to and from the patio except by way of the desig-
nated openings for ingress or egress.Such patios shall be considered
compact and contiguous.
3.Patio screening may be required if the premises is adjacent to a resi-
dential district,consistent with the fencing/screening/landscaping provi-
sions of this code.
4.The premises shall be in compliance with the parking provisions of
this code.
5.The patio shall have sufficient vehicle barriers installed to reduce the
entry of vehicles into the patio if it is in direct contact with or immediately
adjacent to a vehicle parking area or street.
6.The patio shall be in compliance with the noise amplification,lighting,
sign,end sidewalk cafe requirements of this code.
D.Application;Site Plan.The application shall contain a detailed de-
scription and site plan of the entire premises Including the following:size
and seating capacity of the licensed building;proposed patio size and
seating capacity Including table,chair,and aisle arrangements;and fence
or landscape barrier type and height.
Sec.4-10.Security.
Sec.4-10-1.Liability Insurance.
All applicants for any type of intoxicating liquor,3.2 percent malt li-
quor,or wine license,must,as a condition to the issuance of the license,
maintenance of the license and renewal of the license,demonstrate Proof
of financial responsibility with regard to liability Imposed by Minnesota
Statutes,Section 340A.801 to the city.The minimum requirements for
proof of financial responsibility are set forth in Minnesota Statutes Sec. -
Han 340A.409.The sale of alcohol is prohibited If the required insurance
is not in effect.
Sec.4-10-2.Terms of Insurance Certificate.
Certificates of insurance required by section 4-9-1 of this chapter shall
Provide that the city must be given ten If 0)days'advance written notice of
the cancellation of any insurance described In the certificate.
Sec.4-11.Public Character of Liquor Sales.
No sales of intoxicating liquor shall be made to or in guestrooms of
hotels unless the rules of such hotel provide for the service of meals in "
guestrooms;nor unless the sale of such intoxicating liquor is made in the
manner"on-sales"are required to be made;nor unless such sale accom-
panies and is Incidental to the regular service of meals to guests therein;
nor unless the rules of such hotel and the description,location and num-
ber of such guestroo ne are fully set out In the application for a license.
Sec.4-12.Persons Ineligible for License.
A.State Law.No license shall be granted to or held by any person
made ineligible for such a license by state law.
B.Operating Offices No license shall be granted to a corporation that
does not have an operating officer who is eligible pursuant to the provi-
s
ions of this chapter.
C.Real Party In Interest.No license shall be granted to a person who Is
the spouse of a personineligible for a license pursuant to the provisions of
subsections A and B of this section or who,In the judgment of the council,
Is not the real party in interest or beneficial owner of the business oper-
ated,or to be operated,under the license.
D."Interest"Defined.The term°interest"as used in this section in-
cludes any pecuniary interest in the ownership,operation,management
or profits of a retail liquor establishment,but does not Include:bona fide
loans;bona fide fixed sum rental agreements;bona fide open accounts or
other obligations held with or without security arising out of the ordinary
and regular course of business of selling or leasing merchandise,fixtures
or supplies to such establishment;or an interest of ten percent(10%)or
less in any corporation holding a city liquor license.A person who receives
monies from time to time directly or indirectly from a licensee in the ab-
ce of a bona fide consideration therefor and excluding bona fide gifts
or donations,shall be deemed to have a pecuniary interest in such retail
license.In determining"bona fide",the reasonable value of the goods or
things received as consideration for the payment by the licensee and all
other facts reasonably tending to prove or disprove the existence of any
purposeful scheme or arrangement to evade the prohibitions of this sec-
tionshall be considered.
E.Outstanding Debts.No license shall be granted or renewed for op-
eration on any premises on which real estate taxes,assessments,or other
financial claims of the city or of the state are due,delinquent,or unpaid.
If an action has been commenced pursuant to the provisions of Chapter
278 Minnesota Statutes,questioning the amount or validity of taxes,the
council may,on application by the licensee,waive strict compliance with
this provision;no waiver may be granted,however,for taxes,or any par-
thereof.
whichremainunpaid for a period exceeding one year after
becoming due unless such one year period is extended through no fault _
of the licensee.
Sec.4-13.Restrictions Involving Persons Under the Legal Drink-
ing Age.
Sec.4-13-1.Prohibited Acts.
A.No Sale To Persons Under The Legal Drinking Age.No licensee,
agent or employee shall serve or dispense upon the licensed premises
any Intoxicating liquor or 3.2 percent malt liquors to a person under the
egal drinking age;nor shall such licensee,or his/her agent or employee,
__it any such person to be furnished or consume any such liquors on
me licensed premises;nor shall such licensee,his/her agent or employee,
Dermic any such person to be delivered any such liquors.
B.Delivery To Persons Under The Legal Drinking Age.No persons un-
1er the legal drinking age shall receive delivery of intoxicating liquor.
Sec.4-13-2.Misrepresenting Age.
No person under the legal drinking age shall misrepresent his/her age
or the purpose of obtaining intoxicating liquor or 3.2 percent matt liquor,
for shall he/she enter any premises licensed for the retail sale of intoxicat-
ng liquor or 3.2 percent malt liquor forthe purpose of purchasing or having
served or delivered to him/her for consuming any such intoxicating liquor
x 3.2 percent malt liquor,nor shall any such person purchase,attempt
o purchase,consume or have another person purchase for him/her any
ntoxicating liquor or 3.2 Percent malt liquor,except that a person under