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HomeMy WebLinkAbout19831229_specialMINUTES OF THE SPECIAL MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 29, 1983 169 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. PUBLIC HEALTH NURSING CONTRACT FOR 1984 AWARDED. Mr. Rosland recalled that award of the Public Health Nursing Contract for 1984 had been continued from the Council meeting of December 19, 1983, and that staff had been requested to document the differences in services proposed to be provided by the Bloomington Division df Public Health (BDPH) and Metropolitan Visiting Nurse Association (MVNA) to sub- stantiate awarding the contract for 1984 to BDPH as recommended. He noted that a memorandum had been submitted, prepared by City Sanitarian Velde, listing the significant items to support award of the contract to BDPH and that Mr. Velde had also charted the differences between the two agencies, showing the location for delivery of services and each.of the agency programs andactivities within each program. Mr. Rosland reiterated staff's recommendation for award to Bloomington as the best.provider for public health services for Edina's residents when all factors are considered. Member Turner moved award of the 1984 Public Health Nursing Contract to the Bloomington Division of Public Health at $79,300 for the reasons outlined in staff's memorandum. Motion was seconded by Member Schmidt. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PERSONNEL COMPENSATION RATES ESTABLISHED FOR 1984. Mr. Rosland reminded Council that at the 1984 budget hearings a five percent wage increase and a $10.00 per month increase of the benefit package for dependent coverage had been discussed. At the time, Council indicated personnel compensation rates would be set following settlement of at least one union contract. He advised that the contract has been accepted by the Police union and would therefore recommend personnel compensation rates be established for non union Eersonnel as provided for in the 1984 budget. Member Schmidt offered the following resolution and moved its adoption: RESOLUTION ESTABLISHING COMPENSATION RATES BE IT l2ESOLVED that the Edina City Council does hereby establish the following salary schedule for fulltime personnel for 1989: Step 1 Step 2 Step 3 Step 4 Management I11 (5) $39,468 $42 , 900 $46 , 332 $49,270 Management I1 (12) 29,458 32 , 058 34 , 658 36 , 842 Management I (7) 24,778 26 , 988 29,120 31 , 018 Technical Management (5) 22,620 24 , 648 26,624 28,314 Technical IV (12) 19 , 944 21,736 23,530 25 , 012 Technical I11 (3) is, 116 19 , 702 21,509 22,646 . 20 , 852 22,204 - Technical I1 (6) 17,758 19 , 292 15 , 912 17 , 316 18 , 694 19,890 Technical I (10) General. I11 (7) 14 , 846 16,172 17 , 472 18,590 General I1 (6) 13 , 780 14,976 16 , 224 17 , 264 General I (7) 12 , 246 13 , 338 14 , 404 15 , 340 Public Safety PS Management 111 (2) 33,410 36 , 374 39 , 286 41,808 PS Management I1 (8) 31,278 34 , 034 36 , 738 39 , 104 PS Management I (7) 28 , 444 30 , 940 33 , 410 35,568 PS General I1 (3) 17 , 394 18 , 928 20 , 410 21 , 736 PS General .1.:(2) 13 , 780 14,976 16 , 224 17,264 Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. COUNCIL EDINAMITE PARTY DATE ANNOUNCED. 1984, is the date chosen for the Edinamite party to be hosted by members of the Council as a part of the silent auction at the Edinamite '83 benefit, with responsibilities to be shared as was done last year. She asked that Council give any suggestions for the event to her or Mr. Rosland. No action was taken. Member Turner advised that February 12, WINE TASTING IN MUNICIPAL LIQUOR STORES DISCUSSED. Mr. Rosland recalled that some months ago Council had considered the issue of allowing wine tasting in the munici- pal liquor stores as now permitted under Chapter 259 passed by the 1983 Legislature. He stated that since then the store managers have been watching the effect on the .market and feel strongly that they would like to try wine tasting as an inside marketing promotion on Friday and Saturday as a means to develop sales. the stores have been concentrating on shelf arrangement to increase sales. Member Richards commented if wine tasting were allowed it may be perceived as being inconsistent with the policy of the Council and that he felt the whole liquor/wine issue should be looked at by means of a public meeting: to eet inDut from the Presently, 12/29/83 community. three months and suggested no action be taken until the results are available. soon as feasible. aspect of private ownership of the stores if the City would decide to get out of the business. It was agreed to take no action at this time but to look at the liquor/wine and wine tasting issues within the next few months. Mr. Rosland said the shelving study should be completeL.w thin about Member Richards stated he would like to look at the entire liquor/wine issue as ,- Member Schmidt pointed out that also to be considered is the- - BREDESEN PARK IMPROVEMENTS NOTED. Mayor Courtney advised that he had received several telephone calls regarding what is being done at Bredesen Park. that he had video taped an interview with Robert Kojetin, Director of Parks and Recreation, in which Mr. Kojetin explained the improvements that have been approved for construction in the park and that the interview would be shown on Channel12 so that the residents of Edina would be informed. No action was taken. He stated I ORDINANCE NO. 116-A2 EXTENDING R-1 MORATORIUM ADOPTED; SECOND READING WAIVED. Advising that notices for the extention of the R-1 moratorium had been mailed on December 20, 1983, to all institutions in the R-1 District, Mr. Rosland recommended chat the moratorium be extended to March 8, 1984. Member Richards offered Ordinance No. 116-A2 and moved its adoption, waiving Second Reading as follows : ORDINANCE NO. 116-A2 No objections being heard, AN ORDINANCE AMENDING ORDINANCE NO. 116 TO EXTEND THE R-1 ZONING DISTRICT MORATORIUM THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: read as follows: Moratorium. subject to earlier termination or extention by the Edina City Council, the Edina City Council and the Edina City staff shall not:" Section 1. Section 2 of Ordinance No. 116 preceding the colon is amended to From the effective.date of this ordinance to March 8, 1984, IT Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney' Nays: Schmidt Ordinance adopted. ATTEST : ??& Wh- City Clerk ORDINANCE NO. 902 (LIQUOR ORDINANCE) ADOPTED ON SECOND READING. Mr. Rosland pre- sented Ordinance No. 902 for Second Reading and reminded the Council Members that this ordinance consolidates the basic liquor Ordinance No. 901 and its amendments. As recommended, Member Schmidt offered Ordinance No. 902 for Second Reading and moved its adoption as follows: 0RDI"CZ NO. 902 AN ORDINANCE ESTABLISHINGAAICIPAL LIQUOR DISPENSARY AND FEGUIATING THE NON-I"G MALT LIQUORS, AND PFESCFUBING PENALTIES FOR lIJXGAL SEE, OPERATION THEREOF, LICENSING AND REGULATING THE SALE OF ItY'IOXICATING AND DEKCVERY OR PR- OF SUCH LIQUORS AND IXPEALING ORD7"cE: NO. 901 THE CITY COUNCIL OF THE CITY OF EDm, MDSNESOTA, ORDAINS: Section 1. Definitions. As used in this ordinance: J "Cafe" or ''restaurant1' means any place where preparing and serving "Club" means any corporation duly organized under the laws of the lunches or meals to the plblic to be consumed on the premises constitutes the major business thereof. State of Minnesota for civic, fraternal, social or business purposes, or for intellectual improvement, or for the promotion of sports, which shall have more than fifty members, and which for more than one year shall have owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accmmdation of its members, and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for the purpose, none of whose members, officers, agents or employees are paid, directly or indirectly, any compensation by way of profit from the distribution or sale of beverages to the members of the club or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing My. I d- CD r- c') 5 m 1 I 12 129 I83 "Fd establishment license" means a license 171 granted by the City under the provisions of the ordinance of the City providing - for the licensing-of food establishments. fermented, spiritous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. alcoholic content of more than one-half of one per cent by volume and not more than 3.2 percent by weight. llOff-salell means retail sale in the original package for consumption away from the premises only. "On-sale" means sale for consumption on the premises only. "On-sale license" means a license for the on-sale of intoxicating liquor issued by the City of Edina pursuant to any law other than Minnesota Laws 1973, Chapter 441. "Original Package" means any container or receptacle holding liqdor, in which the liquor is corked or sealed at the place of manufacture. "Person" includes any individual, partnership, association, trust, institution, corporation, or municipality, and includes also the municipal liquor store. "Sale1' "sell" and "purchase" include all barters , exchanges , gifts , sales, purchases and other means used to obtain or furnish liquor as above described, or any other beverage, directly or indirectly, in violation or evasion of this ordinance but does not include sales by state licensed liquor wholesalers selling to licensed retailers. ordinance, the State established legal age for consumption of both intoxicating and non-intoxicating malt liquor is 19 years of age. "Intoxicating liquor" or lrliquor" means ethyl , alcohol , and distilled, "Non-intoxicating malt liquor" means any potable beverage with an "State Established Legal Drinking Age". For purposes of this "Sunday sale license means a license for the on-sale of intoxicating liquor issued by 441. Sec. 2. -- municipal liquor the City of Edina pursuant to Minnesota Laws 1973, Chapter PART A. THE MUNICIPAL LIQUOR DISPEEJSARY. Dispensary Established. dispensary for the off-sale of intoxicatins liquor and non- There is hereby established a intoxicating -halt liquor. See. 3. Lazation and Operation. (a, The dispensary shall be located at such suitable places in the City as the Council determines by resolution. However, no premises upon which taxes or other public levies are delinquent shall be leased for dispensary purposes. control of the City Manager, but the dispensary shall be in the hediate charge of a manager selected by the City Manager. such duties in the operation of the dispensary as may be prescribed by the City Manager, but his compensation shall be in accordance with Council approved schedules. The manager shall be responsible for the conduct of the dispensary in full campliance with this ordinance and with the laws relating to the sale of liquor and non-intoxicating malt liquor. (c) The City Manager shall also appoint such additional employees as may be required for the dispensary and shall fix their compensation in accordance with Council approved schedules. dispensarry, including the manager, shall hold their positions at the pleasure of the City Manager. No person under the state established legal drinking age for intozicating liquor shall be employed in the dispensary. (dl Every employee required for the dispensary, including the manager, shall furnish a surety bond to the City, conditioned upon the faithful discharge of his duties, in such sum as the Council specifies. premium may be paid by the City or by the employee in the discretion of the Council. - - -- - (bl The general management of the dispensary shall be under the The manager shall perform . All persons employed in the The bond Sec. 4. Dispensary Fund Created. (a) A municipal liquor dispensary fund is hereby created, in which all revenues received from the operation of the dispensary shall be deposited and from which all ordinary operating expenses shall be paid. (b) The handling of municipal dispensary receipts and disbursements shall camply with the procedure prescribed by law for the receipt and disbursement of City funds generally. (c) The accounting procedures of the dispensary shall be established by the City Manager. -- Sec. 5. -- Hours of Operation. business of any kind during the hours when sales of intoxicating liquor are prohibited. Subject to the preceding sentence, hours of operation shall be established ky resolution of the Council. -- - The dispensary shall not be open for 12/29/83 -7 Sec. 6. Conditions of Operation and Restrictions on Consumption. (a) No business oth= than the off-sale of liquorxd non-intoxicating malt liquor shall be carried on in the dispensary except the retail off-sale of soft drinks and accessory items.related to such off-sales. (b) No liquor or non-intoxicating malt licpor shall be sold on credit".. (c) No person shall be permitted to loiter about the dispensary habitually. (d) No person under the state established legal drinking age shall be permitted to remain on the dispensary premises. (el All restrictions set forth in Section I2 of this ordinance shall also apply to the municipal liquor dispensary, insofar as they can be made applicable. All duties imposed by such restrictions on the licensee shall be hpsed on the dispensarymanager, with regard to the manner of conducting the business of the liquor dispensary. wi1-y violating any provsion of this ordinance or any provision of the laws of the State of Minnesota relating to gambling or the sale of intoxicating liqyar or non-intoxicating malt liquor shall be discharged disciplined as appropriate. - -- -- Sec. 7. Violation by Fdnployees. Any employee of the dispensary PART B. SNX OF INTOXICATING LIQUOR. -- Sec 8. License Required. (a) No person shall, directly or indirectly, upon any pretense or by any device, sell any intoxicating liquor on any day other than Sunday without first having obtained an on-sale license. Such licenses shall permit the on- sale of intoxicating liquor only. Licenses as herein described may be issued only to a club which held a club 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 the State of Minnesota, or any local ordinance, with regard to the manufacture, sale, or distribution of intoxicating liquor, nor to any club whose license, of either kind, under this ordinance is after said date revoked for any wilful violation hereof, or of such laws. (b) No person shall, directly or indirectly, upn any pretense or by any device, sell any intoxicating liquor on Sunday without first having obtained a Sunday sale license. A person must have an on-sale license as a prerequisite for a Sunday sale license. issued on the following terms and conditions: (c) Atemporary license for the on-sale of intoxicating liquor may be (1) Such a license shall be issued only to a then current on-sale license holder; (2) No more than one (1) such license shall be issued during each calendar year; (3) Such license shall permit the licensee to sell intoxicating liquor only in connection with the Mina Foundation Ball; (4) Such license shall allow the on-sale of intoxi- . cating liquor only, and only on the premises described in the license; (5) Such license shall be issued for one period of time, the length of which does not exceed 24 consecutive hours; and (6) The terms and conditions described in such . license shall prevail over the terms and conditions of Section 20 of this ordinance. -- Sec. 9. License Procedure or Control; Penalties. The provisions of Ordinance No. 141 of the City, includsg the penalty provisions thereof, shall apply to all licenses required by this ordinance for the sale of intoxicating liquor, and to the holders of such licenses, except that licenses and renewals thereof shall be granted or denied by the Council. Every person licensed, or applying for a license, under this ordinance, in addition to other requirements imposed by this ordinance for the obtaining or renewal of a license, shall dmnstrate proof of financial respnsibility with regard to liability hposed by Minnesota Statute, Section 340.95, to the City Clerk, as a condition to the issuance or renewal of such license, in the manner and to the extent required by Minnesota Statute, Section 340.11, Subdivision 21, provided, if any licensee or applicant claims exemption from the requirements of said statute, proof of such exemption shall be established by affidavit given by such licensee or applicant, such affidavit to be in form and substance acceptable to the City Clerk. Ordinance No. 171. file with each application a bond running to the City in the penal sum of $5,000 conditioned as follows: Sec. 10. License Fee. The license fee shall be as set forth in Sec. 11. -- Bond. Applicants for licenses or renewals of licenses shall -- - (b Q: m 12/29/83 ..' 173 (a) That the licensee will obey the laws relating to the sale of liquor ; (b) That the licensee will pay to the City when due all taxes, license fees, penalties and other charges provided by the law; (c) That in the event of any violation of the provisions of any law relating to the sale of intoxicating liquor, such bond shall be forfeited to the City; and (d) That the licensee will pay to the extent of the principal amount of such bond any damages for death or injury caused by or resulting from the violation of any provision of law relating thereto, and in such cases recovery under this subdivision (d) may be had from the surety on his bond. The munt specified in such bond is declared to be a penalty, the amount recoverable to be measured by the actual damages; provided, however, that in no case shall surety be liable for any amount in excess of the penal amount of the bond. -- Sec. 12. Manner of Conducting -- Sale of Liquor. (a) Every licensershall be responsible for the condilct of his place of business and shall maintain conditions of sobriety and order therein. (5) No liquor shall be sold to any person under the state established legal drinking age, or to an intoxicated person, directly or indirectly. (cl No person under the state established legal drinking age shall be employed in any rooms constituting the place in which intoxicating liquors are sold. (d) No licensee shall keep, possess or operate, or permit the keeping, possession or operation on the premises, or in any room adjoining the licensed premises controlled by him, any slot machines, dice or other gambling device or apparatus, 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 his control, to be used as a resort for prostitutes or other disorderly persons. (el No equipnent or fixture in any licensed place shall be owned in whole or in part by any manufacturer'or distiller of intoxicating or non- intoxicating malt liquor. which taxes or assessments or other financial claims of the City are delinquent and unpaid. police or health officer or other properly designated officer or employee of the City at any time during which the place so licensed shall be open. shall be permitted on the premises. (f) No license shall be granted for operation on any premises upon (9) All premises licensed hereunder shall be open to inspection by any (h) No person of known immoral character and no disorderly person (i) No club shall sell liquor except to members and guests of members. PAKr c. SALE OF NON-INTOXICATLNG WT LIQUOR. -- Sec. 13. License Required. (a) No person shall, directly or indirectly, upon any pretense or by any device, sell, for on-sale or off-sale, any non-intoxicating malt liquor without first having received a license therefor. (b) On-sale licenses shall be granted only to private clubs which have been incorporated for more than ten'years and which am and operate club houses for their members in which the serving of such liquor is incidental and not the major purpose of such club, to regularly established restaurants, to golf courses, including golf courses which are a part of or within a public park, to indoor recreational facilities which are a part of or within a public park, and to bawling alleys; provided, that no license may be granted to any person under the state established legal drinking age, or to any person convicted of any wilful violation of any law of the united States or the State of Minnesota, or any local ordinance, with regard to the manufacture, sale, or distribution of intoxicating liquor. No on-sale license shall be granted to any such restaurant, club, golf course, indoor recreational facility, or bowling alley that has not been in operation at that place for at least 6 months immediately preceding such application; provided, however, that the Council may waive said requirement of 6 mnths' operation by a 4/5 vote. recreational hall or center, dance hall or place where dancing is permitted, or other place of public gathering for the purpose of entertainment, amusement, or playing of games, except golf courses, indoor recreational facilities which are a part of or within a public park, and bawling alleys. No license shall be granted for sale on any premises where a license hereunder has been revoked for cause for at least one year after such revocation, except that on unanimous vote of the Council such license may be granted at any time after such revocation. (d) No on or off-sale license shall be granted to any manufacturer or wholesaler as defined in Minnesota Statues, Section 325B.01, or any manufacturer of non-intoxicating malt liquor, or to any person who has a financial interest, directly or indirectly, in such manufacturing or wholesaling. (c) No on or off-sale license shall be granted to any theater, 12/29/83 (e) No on or off-sale license shall be granted to premises within 250 feet of any public school. -- Sec. 14. Temporary On-sale License. sale of non-intoxicating malt liquor my be issu? on the following terms and -: .. conditions : (a) They shall be issued only to applicants which are: Temporary licenses for the on- %I (1) A corporation or organization organized for service to the cwmnunity, 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 gifts are deductible frm the incane of the donor under the Internal Revenue Code of 1954, as now enacted or as hereafter amended; and which meet all the following requirements by presentation of evidence satisfactory to the City Manager: engaged in programs intended to further and promote the purposes for which organized for a period of at least 18 consecutive mnths prior to the date application is made for such license; organized for one or more of the purposes set out in (I) and (2) above in this paragraph (a) , and not for the sole or main purpose of obtaining such license, (b) Not more than two (2) such licenses shall be issued to any one corporation or organization in a calendar year, and there shall be at least ninety (90) days between the license issue dates. (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 two (2) consecutive days only, and sales during such days shall be subject to the provisions of Section 18 of this ordinance relative to the hours of sale. (f) The applicant for a temporary license shall submit an application pursuant to Sec. 15 of this ordinance, and containing such additional information as the City Manager may request as to the purpse and business of the applicant, at least forty-five (45) days in advance of the days for which such license is requested, and including with such application evidence satisfactory to the City Manager that the applicant has in force, and will have in force on the days for which the license is requested, with a cqmpany or c.Ompanies acceptable to the City Manager, a public liability insurance policy, and a liquor liability policy covering liability under the provisions of Minnesota Statutes, Section 340.95, providing coverage of at least $300,000 for injury to one person and $500,000 for injuries from each occurrence, and at least $50,000 for damage to property, and naming the City as an additional insured party on such policies. (g) The license fee shall be as set forth in Ordinance No. 171. The fee shall not be refunded unless the application is withdrawn or denied for reasons other than willful misstatement in the application. (h) The provisions of Part C of this ordinance shall be applicable to the holders of, the premises licensed by, and licensed issued under this section, except that the applicant for such a license need not have been incorprated for mre than ten years, nor own and operate a club house for its members, nor be a regularly established restaurant, golf course, indoor recreational facility, or bowling alley, and except further that the provisions of paragraph (c) of Section 13 and of paragraph (b) of Section 18 of this ordinance shall not apply to licenses issued under this section. (i) Once granted, and upon application made at least five (5) 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 two (2) consecutive days. The City Manager may grant such transfer if m temprary on-sale license has then been issued for that same time period. -- Sec. 15. Information in Applications. renewal of license shall contaK the following additional information in addition to the information required by said Ordinance NO. 141. (a) Whether the application is made for on-sale or off-sale; (b) What additional business is to be transacted by the applicant at the premises to be licensed; and (2) A charitable or religious corporation for and to which (i) Applicant must have been in existence and actively (ii) Applicant must be a bna fide organization, . . The application for license or Sec. 16. License Fee. The license fee shall be as set forth in - -- Ordinance No. 171. R I -- Sec. 17. License Procedure or Control; Penalties. The provisions of Ordinance No. 141 of the City, incluxng the penalty provisions thereof, shall apply to all licenses required by this ordinance for the sale of non- intoxicating malt liquor, and to the holders of such licenses, except that licenses and renewals thereof shall be granted or denied by the Council. 115 Every person licensed, or applying for a license, under this ordinance, in addition to other requirements imposed by this ordinance for the obtaining or renewal of a license, shall dmnstrate proof of financial responsibility with regard to liability impsed by Minnesota Statute, Section 340.95, to the City Clerk, as a condition to the issuance or renewal of such license, in the manner and to the extent required by Minnesota Statute, Section 340.11, Subdivision 21, provided, if any licensee or applicant claims exemption from the requirements of said statute, proof of such exception shall be established by affidavit given by such licensee or applicant, such affidavit to be in form and substance acceptable to the City Clerk. -- Sec. 18 . her of Conducting -- Sale of Non-Intoxicating Malt Liquor. (a) All restricti=s relating to the manner of conducting the sale of intoxicating liquor on premises licensed for such sale, and the maintenance of order on such premises, shall also apply to the manner of conducting the sale of non-intoxicating malt liquor, and the maintenance of order on premises licensed for such sale. liquor, except bowling alleys, the 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. (b) In any place licensed for the on-sale of non-intoxicating malt PAFC!2 D. mscmus PROVISIONS. Sec. 19. Hours of Sale and Consumption (a) Hours of .Sale: (1) No on-sale or off-sale of non-intoxicating malt liquor shall be made between the hours of 1:OO A.M. and 8:OO A.M. on any weekday, Monday through Saturday, nor shall any sale be made on any Sunday between the hours of 1:OO A.M. and l2:OO noon. (2) No on-sale of intoxicating liquor shall be made until 8:OO A.M. on Monday nor between the hours-of 1:OO A.M. and 8:OO A.M. on any weekday, Tuesday through Saturday; nor after 8:OO P.M. on December 24. made after 1:OO A.M. on Sunday nor until 8:OO A.M. on Monday, except as allowed by this ordinance as to holders of a Sunday sale license who may serve intoxicating liquors frcm I2 o'clock noon to I2 o'clock midnight on Sundays in conjunction with the serving of food. (4) No off-sale of intoxicating liquor shall be made before 8:OO A.M. or after 8:OO P.M. on any day except Friday and Saturday, on which off-sales may be made until 1O:OO P.M., and no off-sale shall be made on New Year's Day (January 1) , Memorial Day (the last Monday in Ma$ , Independence Day (July 4) , Thanksgiving Day, or Christmas Day (December 25) , but on the evenings preceding such days, if the sale of intoxicating liquor is not otherwise prohibited on such evenings, off-sales may be made until 1O:OO P.M.,. except that no off-sale shall be made on December 24 after 8:OO P.M. (b) Hours of Consumption. No intoxicating liquor or non-intoxicating malt liquor shall be consumed by any person on, in or about the premises of any place licensed for the on-sale of intoxicating liquor or non-intoxicating malt liquor after 1:30 A.M. of any day and prior to the the of that same day when such place, pursuant to this ordinance, may again begin to sell intoxicating liquor or non-intoxicating malt liquor. malt liquor shall be consumed in a public park, on a public street, or in any public place; provided, however consumed, subject to the other provisions of this ordinance, (i) inside the clubhouse of a golf course which is a part of or within a public park if that golf course has been granted an on-sale license for non-intoxicating malt liquor, and (ii) inside an indoor recreational facility which is a part of or within a public park and which has been granted an on-sale license for non- intoxicating malt liquor. No such liquor shall be consumed in any of the places described in Section 13(c) of this ordinance to which licenses have not been granted. -- ---- (3) No on-sale or off-sale of intoxicating liquor shall be ' -- Sec. 20. -- Place of Consumption. No intoxicating or non-intoxicating that non-intoxicating malt liquor may be PART E. ANTI-SPIKING PROVISIONS. -- Sec. 21. No - Liquor in Restaurants. No person shall take or carry any intoxicating liquor to or in= any building or place for the purpose of consumption therein, or consume any intoxicating liquor in any building or place, which is operated as a restaurant under a food establishnent license. Sec. 22. Mixing or Sale for Mixing Prohibited. No person shall mix, or sell for the purpose of mixing, any malt liquor, soft drink, or other liquor or beverage by adding to or with the same any intoxicating liquor, in any building or place operated as a restaurant under a food establishment license . -- --- -- Sec. 23. Illegal to Permit Mixing. No person shall suffer or permit the consumption of intoxiczing liquor I or any mixing or spiking of malt liquor, soft drink, or any other liquid or beverage by adding to the same any 12/29/83 176 -. intoxicating liquor, in any building or place operated as a restaurant under a food handling license. place which is operated as a restaurant under a food establishment licensey sold malt liquor, soft drinks or any other liquid or beverge to a person who therepn and therein added to such liquid or beverage any intoxicating liquor shall be prima facie evidence that such liquid was sold by such person for the purpose of adding intoxicating liquor thereto, and shall be prima facie evidence that such person and his employer suffered and permitted the mixing or spiking of such liquid by adding intoxicating liquor thereto. -- Sec. 24. Presumption. The fact that any person.in any building or . PIRE F. SALE OF RJTOXICAmG LIQUOR A!t' 0E'F-SA;II;E. I Sec. 25. Sales Limited to Municipal Liquor Store. No intoxicating -- - liquor shall be sold within thisTity, or caused to be thus sold, by any person, by any municipal liquor store, or by any agent or employee of such person or store, except on the premises in the City occupied by the municipal liquor store. PART G. RECBASE, POSSESSION AND CONSUMPTION OE' IXTOXICATING LIQUOR AND NON-MTOXICATING MALT LIQUOR BY MINORS. -- Sec. 26. Purchase &Persons Under the State Established Legal Drinking Age. - No person under the staGtai=legal drinking age shall purchase, directly or indirectly, any intoxicating liquor or non-intoxicating malt liquor . - See. 27. Misrepresentation of Age. No person under the state -- -- established legal drinking age shall represent that he or she is at or over the state established legal drinking age for the purpose of obtaining any intoxicating liquor or non-intoxicating malt liquor. Established Legal Drinking - Agx No person under the state established legal drinking age shall possess or consume intoxicating liquor or non-intoxicating malt liquor, except at the household of and in the personal presence of his or her parent or lawful guardian. Drinking Age. No person shall-purchase for or furnish to any person under the state established legal drinking age any intoxicating liquor or non- intoxicating malt liquor, except in the company of his or her parent or laWEul guardian. -- Sec. 30. Religious Services - and Medical Treatment Excepted, Nothing in the foregoing shall be deemed to prohibit the use of wine in the course of religious services nor the use of liquor pursuant to the directions of a physician as a matter of treatment. establishments licensed for the on-sale of nz-intoxicating malt liquor are required to post copies of sections 26 and 27 hereof in every booth and near every table where such liquor is sold as well as to display a copy prdnently behind every bar. Sec. 28. Possession or Consunption & Persons --- Under the State -- Sec. 29. Furnishing to Persons Under the State Established Legal -- --- Sec. 31. Ordinance -- to be Displayed by On-sale Dealers. KLl -- r -- Sec. 32. Ordinance -- to be Displayed by Off-sale Dealers. All establishments licensed for the off-sale of zn-intoxicating malt liquor shall prominently display a copy of Sections 26 and 27 hereof behind every bar or counter where such liquor is sold. -- Sec. 33. Penalty. Any person who violates or fails to comply with any provision of this ordinance shall be guilty of a misdemeanor, and subject to the penalties set forth in Ordinance No. 175, ~ -- See. 34. Repealer. Ordinance No. 901, as amended, is hereby repealed in its entirety. -- Sec. 35. This ordinance shall be in full force and effect hediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Ordinance adopted. ATTEST : City Clerk STATEMENT OF ESTIMATED EXPENDITURES AND RECOMbfENDED TRANSFERS APPROVED. As recommended by Mr. Dalen, Nember Schmidt's motion was seconded by Member Richards , for approval of "State of Estimated Expenditures and Recommended Transfers for Year Ending December 31, 1983''. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. 177 CLAIMS PAID. Motion of Member Schmidt was seconded by Member Turner, for payment of the following Claims: General Fund $543,840.13, Revenue Sharing Fund $450,000.00, Park Fund $51,439.82, Art Center $14,348.60, Park Construction Fund $26.26, Swimming Pool Fund $86.02, Golf Course Fund $30,053.83, Recreation Center Fund $20,506.38, Gun Range Fund $537.75, Waterwork Fund $95,254.08, Sewer Rental Fund $2,926.51, Liquor Dispensary Fund $963,247.74, Construction Fund $117,659.71, Perm. Imp. Revolving Fund $8,066.00, Imp. Bond Redemption Fund $112,067.61, Imp. Bond Redemption Fund No. 2, $17,590.98, Total $2,427,651.42. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. City Clerk