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HomeMy WebLinkAbout1994-01 Supplement Old Pages MEMORANDUM TO: EDINA CITY CODE BOOK USERS FROM: MARCELLA DAEHN, CITY CLERK SUBJECT: CODE UPDATE DATE: NOVEMBER 17, 1993 Enclosed is the following update for your Edina City Code book pursuant to an ordinance adopted by the City Council since the last update of 8/25/93: SECTION 900 - replace pages 900-7 through 900-16 with enclosed replacement pages (900-7 through 900-16) (Ord. 1993-11 - Amending Section 900 of the City Code to change the Hours of Sale For Liquor and Wine. Subsection 900.07, Subd. 8 was amended; Subsection 900.16 was added. ) City of Edina Liquor 900.07 named in the original application or any change in the information in such original application shall be deemed a transfer for the purposes of this Section. Provided, however, the following changes shall not be deemed a transfer: A. A change in the ownership of a limited partnership comprising 10% or less cumulatively of the limited partnership during the then license period; B. A change in ownership of a corporation comprising 10% or less cumulatively of the stock owners during the then license period; or C. A change in one of the corporation's officers during the term of the then license. Provided, however, the corporation shall give notice of a change in officer to the Clerk and the new officer shall comply with all requirements of this Section and Section 160 of this Code. 900.07 Manner of Conducting Sales. Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the licensee's place of business and shall maintain conditions of sobriety and order. Subd. 2 Age. No wine or liquor shall be sold to any person under the State established legal drinking age, or to an intoxicated person, directly or indirectly. Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell liquor or wine. Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate, or permit the keeping, possession or operation on the licensed premises, or in any room adjoining the licensed premises controlled by the licensee, any slot machines, dice or other gambling equipment as defined in M.S. 349.30, nor permit any gambling therein, nor permit the licensed premises or any room in the same or in any adjoining building, directly or indirectly under licensee's control, to be used as a resort for prostitutes or other disorderly persons; provided, however, that lawful gambling may be carried on if allowed by this Code and where allowed by a license issued pursuant to M.S. 349 or this Code. Subd. S Manufacturer or Distiller of Malt Liquor. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or brewer, as defined in M.S. 340A, of wine or liquor. Subd. 6 Delinquent Taxes. No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the City are delinquent and unpaid. 900 - 7 City of Edina Liquor 900.09 Subd. 7 Open to Inspection. All licensed premises shall be open to inspection by any police officer or other designated officer or employee of the City at any time during which the place so licensed is open for business. Subd. 8 Hours of Sale. The hours and days of sale shall be as set forth in M.S. 340A.504. Subd. 9 Hours of Consumption. No liquor or wine shall be consumed by any person on, in or about the premises of any place licensed for the on-sale of liquor or wine after 1:30 A.M. of any day and prior to the time of that same day when such place, pursuant to this Section, may again begin to sell liquor or wine. 900.08 Anti-Spiking. Subd. 1 No Liquor or Wine in Non-Licensed Food Establishments. Except as permitted by a license issued pursuant to this Section, no person shall take or carry any wine or liquor into any food establishment as defined in Section 720 of this Code. Subd. 2 Mixing or Sale for Mixing Prohibited. Except as permitted by a license issued pursuant to this Section, no person shall mix with liquor or wine or sell for the purpose of mixing with liquor or wine, any soft drink, other liquor or beverage in any food establishment as defined in Section 720 of this Code. Subd. 3 Illegal to Permit Mixing. Except as permitted by a license issued pursuant to this Section, no person shall consume, or permit the consumption, mixing or spiking of any beverage by adding to the same any liquor, in any building or place operated as a food establishment as defined in Section 720 of this Code. Subd. 4 Presumption. The fact that any person in any food establishment, as defined in Section 720 of this Code, sold any liquid or beverage to a person who thereupon and therein added to such liquid or beverage any liquor or wine shall be prima facie evidence that such liquid or beverage was sold by such person for the purpose of adding liquor or wine and shall be prima facie evidence that such person and the person's employer permitted the mixing or spiking of such liquid by adding wine or liquor. 900.09 Bottle Clubs Prohibited. Except as permitted by a license issued pursuant to this Section, establishments or clubs that directly or indirectly allow the consumption or display of wine or liquor, or knowingly serve any liquid for the purpose of mixing with liquor or wine, shall be prohibited. Permits for bottle clubs issued by the Commissioner under M.S. 340A.414 shall not be approved by the Council. 900 - 8 City of Edina Liquor 900.13 PART C - SPECIAL REQUIREMENTS FOR CLUB AND TEMPORARY ON-SALE LIQUOR LICENSES 900.10 Special Licensing Requirements. In addition to the requirements imposed by Subsection 900.06, a club on-sale liquor license may be issued only to a club which held a license prior to January 1, 1940, for the sale of intoxicating liquor. No license shall be issued to any club which after January 29, 1934, has been convicted of any wilful violation of any law of the United States or any provision of State Law, or any local ordinance, with regard to the manufacture, sale, or distribution of intoxicating liquor, nor to any club which has any license issued under this Section revoked after said date for any wilful violation of this Code or such laws. 900.11 Sunday Sale License. No person, directly or indirectly, upon any pretense or by any device, shall sell any intoxicating liquor on Sunday without first having obtained a Sunday sale license. To obtain such license a person must have a club on-sale liquor license and comply with the provisions of Subsection 900.06, Subd. 1. 900.12 Temporary License. A temporary on-sale intoxicating liquor license may be issued on the following terms and conditions: A. Such license shall be issued only to the holder of a then current club on-sale liquor license. B. No more than one such license shall be issued during each calendar year. C. Such license shall permit the licensee to sell intoxicating liquor only in connection with the Edina Foundation Ball. D. Such license shall allow the on-sale of liquor and wine only, and only on the premises described in the license. E. Such license shall be issued for one period of time, the length of which does not exceed 24 consecutive hours. PART D - SPECIAL REQUIRMENTS FOR ON SALE NON-INTOXICATING MALT LIQUOR LICENSES 900.13 Special Licensing Requirements. In addition to the requirements imposed by Subsection 900.06, non-intoxicating malt liquor licenses shall be issued only to (i) private clubs which have been incorporated for more than ten years and which own and operate club houses for their members in which the serving of such liquor is incidental to and not the major purpose of such club, (ii) restaurants, (iii) golf courses, (iv) indoor recreational facilities which are a part of or within a public park, (v) bowling centers and (vi) hotels as defined in M.S. 340A. 900 - 9 City of Edina Liquor 900.16 900.14 Place of Serving and Consumption. Non-intoxicating malt liquor shall be served and consumed at tables in the dining or refreshment room on the licensed premises, and shall not be consumed or served at bars; provided, the same may be served at counters where food is regularly served and consumed. 900.15 Meal Served with Non-intoxicating Malt Liquor. In any place licensed for the on- sale of non-intoxicating malt liquor, which is also licensed for the on-sale of wine, no person shall be sold, served or consume non-intoxicating malt liquor who does not order a meal to be served with the non-intoxicating malt liquor. 900.16 Temporary On-Sale License. Temporary on-sale non-intoxicating malt liquor licenses may be issued on the following terms and conditions: Subd. 1 Applicant Requirements. Such licenses shall be issued only to applicants which are: A. A corporation or organization organized for service to the community, state, or nation, for social purposes, for the promotion of sports or for the promotion of persons to elective office, where the serving of non-intoxicating malt liquor is incidental to and not the main purpose of the organization; or charitable or religious corporations for and to which gifts are deductible from the income of the donor under the Internal Revenue Code of 1986, as now enacted or as supplemental or amended; and B. Which meet all the following requirements by presentation of evidence satisfactory to the Manager: 1. Applicant must have been in existence and actively engaged in programs intended to further and promote the purposes for which organized for a period of at least 18 consecutive months prior to the date application is made for such license. 2. Applicant must be organized for one or more of the purposes set out in paragraph A. of this Subd. 1 and not for the sole or main purpose of obtaining such license. Subd. 2 License Restrictions. A. Not more than two such licenses shall be issued to any one corporation or organization in a calendar year, and there shall be at least 30 days between the license issue dates. B. Not more than four such licenses shall be issued to any one location in a calendar year. i 900 - 10 City of Edina Liquor 900.17 C. Only one such license shall be issued for any date. D. Each such license shall allow the on-sale of non-intoxicating malt liquor only, and only on the premises described in, and for the days specified in, the license. E. Each such license shall be issued for three consecutive days only. Subd. 3 Application for Temporary License. An application for a temporary license shall be submitted and processed pursuant to Subsection 900.06, including payment of the fee in the amount as set forth in Section 185 of this Code. The fee shall be non-refundable. Subd. 4 Applicants to Which License Requirements Apply. The provisions of Subsection 900.13 shall not apply to licenses issued pursuant to this Subsection. Subd. 5 Transfer of License. Once granted, and upon application made at least five days in advance of the dates for which the license is issued, an applicant may request a transfer of the license to another period of three consecutive days. The Manager may grant such transfer if no temporary on-sale non-intoxicating malt liquor license has been issued for that same time period. PART E - SPECIAL REQUIREMENTS FOR ON-SALE WINE LICENSES 900.17 Special Licensing Requirements; Fees. In addition to the requirements imposed by Subsection 900.06, the following special requirements shall apply to on-sale wine licenses. Subd. 1 Licensed Premises. On-sale wine licenses shall be issued only to premises that meet the following requirements: A. The premises must be a restaurant having seating capacity for not fewer than 30 guests at one time which is located in the R-1 District, or the PCD-1, PCD-2, PCD-3 Subdistricts, or the Mixed Development District as established by Section 850 of this Code. B. The premises must have an exclusive entrance from and exit to the exterior of the building in which the license premises is located or to a public concourse or public lobby, and have a physical barrier separating the licensed premises from other areas so as to prevent the passing of patrons other than through the required entrances and exits. C. Have a valid food establishment license issued pursuant to Section 720 of this Code and have adequate space, as determined by the Sanitarian, for the storage, preparation and handling or service of food and wine. 900 - 11 City of Edina Liquor 900.17 D. The premises must be under the control of the licensee. E. The premises must have been approved by the Commissioner. F. The premises shall not be increased in size or changed in seating capacity during the then license period. Subd. 2 Licensed Person. The on-sale wine licensee must: A. Be an individual owner, a partnership or a corporation. B. If an individual, not have (i) been convicted, within the five years prior to the application for a license, of any violation of any law of the United States, the State, or any other state or territory, or of any local ordinance with regard to: (a) the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor or other controlled substances as defined by State Statute, (b) gambling, (c) theft, or (d) vice; or (ii) had an intoxicating liquor license, including a wine on-sale license, revoked for any violation of any statutes, ordinances or regulations relating to the manufacture, sale, distribution or possession of liquor or wine. C. Have a manager, licensed under Subd. 6 of this Subsection in charge of and on the licensed premises at all times during which the licensed premises are open for business. D. Sign a statement indicating that the licensee has reviewed and understands the pertinent provisions of this Section and applicable State laws. E. Not have applied for nor hold a federal wholesale or retail liquor dealer's special stamp or a federal or State gambling or gaming stamp or license. F. Not be an employee or elected official of the City. G. Not have falsified any information given either in the application or in the process of investigation. H. On renewal, not have been found in violation of any provision of this Section or applicable State Law. I. If an individual, be a U.S. citizen or resident alien. J. Not be financially indebted to a person who is disqualified under paragraphs B., E., or F. of this Subd. 2. 900 - 12 City of Edina Liquor 900.17 Subd. 3 Additional Information on Application. In addition to the requirements set forth in Subsection 900.06, the applicant, in the application form, shall provide all information required by the State Department of Public Safety and other information as deemed necessary by the City during the application process to determine compliance with the provisions of this Section and applicable State Law. Subd. 4 Renewal Applications. On-sale wine license renewal applications shall be made at least 60 days before and not earlier than ISO days before the expiration date of the license. A manager's license renewal application shall be made at least 30 days before and not earlier than 150 days before the expiration date of the license. If, in the judgment of the Council as to on-sale wine licenses, and in the judgment of the Manager as to manager's licenses, good and sufficient cause for the applicant's failure to apply for a renewal within the time provided is shown, the Council, or Manager, as the case may be, may, if the other provisions of this Section are complied with, grant the license. Subd. 5 Investigation Fees and Deposit. Upon application, the applicant shall deposit$500.00 with the City for the investigation fee. If the investigation requires out-of-state investigation, an additional $2,000.00 shall be deposited before further processing of the application by the City. The cost of the investigation shall be based on the expense involved, but in no event shall it exceed $500.00 if the investigation is limited to the State or $10,000.00 if outside the State. All deposit monies not expended on the investigation shall be refunded to the applicant. All investigative expenses incurred in excess of the deposit shall be paid prior to consideration of the license application by the Council. Investigation fees for license renewal shall not exceed $100.00 unless there is a change of ownership of more than 10% cumulatively over the then existing license period. Subd. 6 Manager's License. The individual or individuals in charge of the licensed premises pursuant to paragraph C. of Subd. 2 of this 'Subsection shall be licensed pursuant to this Subd. 6. A. Each individual manager shall apply for a manager's license on application forms provided by the Clerk. The application shall be accompanied by the fee in the amount set forth in Section 185 of this Code. The application shall be processed in a manner similar to that for an on-sale wine license except a manager's license shall be granted or denied by the Manager. Each application shall describe the licensed premises to be managed by the applicant. The manager's license shall be restricted to the licensed premises described in the application and shall not be transferable to any other individual. B. No investigative fee shall be required for a manager's license application, but if investigated with an application for an on-sale wine license and if investigation of the proposed manager for the licensed premises results in 900 - 13 I City of Edina Liquor 900.18 additional expense, or out-of-state investigation, additional deposits may be required to be made under Subd. 5 of this Subsection. C. The applicant for a manager's license, in order to be issued a manager's license hereunder, shall and must comply with all requirements of this Section and State Law which are applicable to an applicant for a manager's j license including, without limitation, Subd. 2 of this Subsection and Subsection 900.18. i 900.18 Conditions of Sale. In addition to the requirements of Subsection 900.07, the following special requirements shall apply to the on-sale of wine. Subd. 1 Meal Consumed With Wine. No person shall be sold, served or consume wine who does not order a meal. The licensee shall advise all patrons of the requirements of this Subd. 1 either through placards displayed in the restaurant or notices contained in the menu and wine list. Subd. 2 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume may be sold or consumed. Subd. 3 Denied Sales or Consumption. No sales or consumption of wine shall be permitted at a bar or beyond the licensed premises. Subd. 4 Container Volume Restrictions. Wine may not be sold, served or consumed in containers larger in volume than one liter. Subd. 5 Sale Prices for Wine. No licensee shall promote the consumption of wine on the licensed premises by any means or methods which result in wine prices which are less than those normally charged on the then regularly used menu, including, but not limited to, two-for-one or similar offers, prizes, coupons, games or barters. Subd. 6 Diluting, Changing, or Tampering with Wine Prohibited. No licensee shall sell, offer for sale or keep for sale, wine in any original package that has been refilled or partly refilled. No licensee shall directly or through any other person, dilute, or in any manner tamper with, the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any wine in the original package differing in composition, alcoholic content or type from the wine received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. Subd. 7 Sunday Sales. Holders of wine licenses may sell wine during the same hours on Sunday as holders of Sunday sale licenses may sell intoxicating liquor. 900 - 14 City of Edina Liquor 900.25 Subd, 8 State Law. All applicable provisions of State Law shall be complied with in connection with the on-sale of wine. PART F - SPECIAL REQUIRMENTS FOR ON-SALE OF INTOXICATING MALT LIQUOR 900.19 License Requirements. No person, directly or indirectly, upon any pretense or by any device, shall sell at on-sale any intoxicating malt liquor unless such person, and the premises where such sale is to be made, then has in force and effect (i) a license validly issued by the City for the on-sale of wine, and (ii) a license validly issued by the City for the on-sale of non-intoxicating malt liquor. 900.20 Conditions of Sale. In addition to the requirements of Subsection 900.07 and Subsection 900.18, no person, directly or indirectly, upon any pretense or by any device, shall sell any intoxicating malt liquor unless at least 60 percent of the gross receipts of the licensed premises are attributable to the sale of food. 900.21 Affidavit of Percentage of Food Sold. The requirement of Subsection 900.20, that at least 60 percent of the gross receipts of the licensed premises be attributable to the sale of food, shall be established by an affidavit of the licensee, on a form provided by the Clerk. The affidavit shall be given with each application for issuance or renewal of an on- sale wine license. In addition, the licensee shall give such an affidavit at such other times as the Clerk may request. Also, the Clerk, at any time and from time to time, may require that any such affidavit be verified and confirmed, on a form provided by the Clerk, by a Certified Public Accountant who is a member of the Minnesota Society of Certified Public Accountants. Failure or refusal of a licensee to give such affidavit with such application, or on request of the Clerk, or any false statement in any such affidavit, shall be grounds for denial, suspension or revocation of all licenses held by such licensee for the on-sale of non-intoxicating malt liquor or the on-sale of wine. PART G - MISCELLANEOUS 900.23 Headings. For purposes of this Section, the Parts A through G and the language with each Part, shall be a part of this Section and used in interpreting this Section. 900.24 License Revocation or Suspension. The penalty and remedy provisions of M.S. 340A.415 are hereby adopted and made a part of this Code and shall be useable by the City to enforce this Section in addition to the provisions of Sections 100 and 160 of this Code. Provided, however, the hearing required by said Statute before a license can be suspended or revoked shall be before the Council and shall be held pursuant to the procedures set forth in Section 160 of this Code. 900.25 Incorporation by Reference. The provisions of M.S. 340A. which are referenced in this Section are hereby adopted and incorporated by reference and made a part of this 900 - 15 City of Edina Liquor 900.25 Section, including all regulations of the Commissioner which relate to such incorporated provisions of M.S. 340A. History: Ord 902 adopted 1-11-84; amended by Ord 902 Al 4-24-85, Ord 902-A2 12-I1-85; Ord 902-A3 4-23-86, Ord 902-A4 6-25-86, Ord 902-A6 12-19-89; Ord 902-A 7 5-23-90; Ord 902- A8 3-17-91; Ord 002-A9 3-27-91; Ord 902-A9; Ord 902 A10 4-10-91; Subsection 900.22 repealed by Ord 1993-11-20-93 Reference. Minnesota Laws 1973, Chapter 441 (Sunday sale licenses for clubs); Minnesota Laws, 1980, Chapter 410 (Sales at Edina Foundation Ball), M.S. 340A, 349 Cross Reference: Sections 100, 160, 185, 720, 850, Subsection 115.12 900 - 16