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HomeMy WebLinkAboutOrdinance No. 2025-18 Chapter 4 Alcoholic Beverages Page 1 of 16 ORDINANCE NO. 2025-18 AN ORDINANCE AMENDING CHAPTER 4 ALCOHOLIC BEVERAGES The City of Edina Ordains: Section 1. Chapter 4, Alcoholic Beverages, is amended with the following original text, added text, and deleted text: Sec. 4-1. State law provisions adopted. The provisions of Minn. Stats. Ch. 340A are adopted and made a part of this chapter as if fully set out herein, except as hereinafter modified. The City Council is authorized by the provisions of Minn. Stats., Section 340A.509, to impose, and has imposed in this section, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in Minn. Stat., Chapter 340A. Sec. 4-2. Definitions. For the purposes of this chapter, the following terms shall have the meanings given them herein: Restaurant means 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 30 guests at one time. Not more than 15 percent 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 one hour prior to closing. Sec. 4-3. License required. (a) Except as provided in Minn. Stats. ch. 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 Minn. Stats. § 340A.404, subd. 1. On-sale liquor licenses shall permit the sale of intoxicating liquor for consumption on the premises only. (b) Special club licenses. Special on-sale licenses shall be issued only to clubs in accordance with the provisions of Minn. Stats. § 340A.404, subd. 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. Page 2 of 16 (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 Minn. Stats. § 340A.22, subd. 2. (h) Brew pub license. Brew pub licenses shall be issued only in accordance with Minn. Stats. § 340A.24. (i) Brewer taproom license. Brewer taproom licenses shall be issued only in accordance with Minn. Stats. § 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 Minn. Stats. § 10A.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, imposed by the city. The licenses issued under this section are subject to all laws and ordinances governing the sale of intoxicating liquor except Minn. Stats. §§ 340A.409 and 340A.504, subd. 3(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, four-day, four, three-day, or six, two-day temporary licenses, in any combination not to exceed 12 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 12-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 30-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. Page 3 of 16 Sec. 4-6-1. 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 year. All licenses expire on April 1 of each year. (b) Time of making application. Applications for the renewal of an existing license shall be made at least 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 an individual 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. 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: (1) The grounds and reasons for the denial; (2) The applicable complaint and grievance procedure as set forth in Minn. Stats. § 364.06; (3) The earliest date the applicant may reapply for a license; and (4) That all competent evidence of rehabilitation will be considered upon reapplication. Sec. 4-7-2. Hearing requirements. Council discretion to grant or deny a license. The Council in its sound discretion may either grant or deny the application of any license or for the transfer or renewal of any license. No applicant has a right to a license under this ordinance. (a) Notice of hearing. Upon receipt of the written report and recommendation by the police department, and within 20 days thereafter, the clerk shall cause to be published in the official newspaper ten 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 Page 4 of 16 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. Restrictions on Issuance. (a) Issuance. Each license shall be issued only to the applicant only for the premises described in the application. 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, l Each license shall only be issued to a space that is compact and contiguous. Each license and shall be issued only for the exact rooms and square footage described in the application. Except in the case of a golf course with a licensed on-sale restaurant, a license issued to a golf course shall include the entire golf course except for areas where motor vehicles are regularly parked or operated (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. If the licensed premises is changed, then a revised site plan must be submitted to the City Clerk’s office. (d) No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges, or other financial claims of the city are delinquent and unpaid. If an action has been commenced pursuant to the provisions of Minn. Stats. Ch. 278, 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. 4-7-5. Report to state. The clerk shall, within ten 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. Page 5 of 16 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 and shall be paid in full at the time the application is filed with the city. 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 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 and in the amount set forth in section 2- 724: (1) 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 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. (c) Renewal fees. Fees for the renewal of an existing license shall be paid in full prior to the expiration of the existing 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. 4-8-32. Refunds. No part of the fee paid for any license shall be refunded, except (1) as authorized under Minn. Stats. § 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. 4-8-43. 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. Page 6 of 16 Sec. 4-9-1. 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. Sec. 4-9-4. Alcohol awareness training. (a) Within 30 days following the issuance of a new wine license or a new on-sale intoxicating liquor license, not less than 75 percent 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 or designee. (b) Not less than 75 percent 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 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 Minn. Stats. § 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. Page 7 of 16 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. (b) Controlled substances. No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of Minn. Stats. ch. 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: (1) 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 IV [of] chapter 6 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) Except as provided in subsection (c), 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: (1) 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. Page 8 of 16 (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. (c) On-sale intoxicating liquor license may be granted to a restaurant that has tablet computer amusement devices. The tablet computers must be licensed in accordance with section 6-92. 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 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 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 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 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 Page 9 of 16 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 15 calendar days of the council's decision. In that event, a corporation shall be limited to two successive interim operating officers. (a) The license granted under this chapter is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application, except in the case in which an existing non-corporate licensee is incorporating and the incorporation does not affect the ownership, control, and interest of the existing licensed establishment. (b) A licensee under this chapter shall immediately notify the City Clerk of the following: 1) A change in the corporate or organization officers listed in the license application, excluding officers or clubs holding club licenses. 2) Any changes in the partnership agreement or lease submitted with the license application. 3) A change of the managing partner, manager, proprietor, or other person who is in charge of the licensed premises. 4) Any change in the ownership of an establishment licensed under this chapter, including any acquisition of an interest in a partnership, corporation, or other organization holding an ownership interest in the licensed establishment by a person or entity not identified in the license application. (c) When an establishment licensed under this chapter is sold or transferred, the licensee shall immediately notify the City Clerk of the sale or transfer. If the establishment that is sold or transferred is to continue selling or furnishing intoxicating liquor, the new owner must immediately apply for an appropriate license under this chapter. In addition, a management agreement, which covers the period between the sale or transfer and the issuance of the new owner's license, shall be executed between the existing licensee and the new owner within twenty (20) days following the sale or transfer. The management agreement shall vest control of all intoxicating liquor sales in the existing licensee or a manager responsible to the existing licensee. The agreement shall be approved by the City Council. (d) A management agreement shall be required of any licensed establishment whose business is being managed or operated by a person other than the licensee or an employee of the licensee. No person other than the licensee or an employee of the licensee shall be permitted to manage or operate an establishment licensed under this chapter until the City Council has reviewed and approved the management agreement and any amendments thereto. 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: Page 10 of 16 (1) The patio shall not be enclosed in such a manner that the space becomes an indoor area as defined by Minn. Stats. § 144.413. (2) The patio shall be clearly delineated by an approved fence at least 36 inches 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. (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 Minn. Stats. § 340A.801 to the city. The minimum requirements for proof of financial responsibility are set forth in Minn. Stats. § 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 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. Page 11 of 16 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 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 five ten percent 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. 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. (c) Defense. In a prosecution for a violation of the provisions of this section 4-13 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 licensee, his/her employee or agent reasonably and in good faith relied upon representations of proof of age authorized in Minn. Stat. § 340A.503, subd. 6, 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. Page 12 of 16 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 21 years may purchase or attempt to purchase an alcoholic beverage if under the supervision of a responsible person over the age of 21 for training, education, or research purposes. (Ord. No. 2015-20, § 1, 10-20-2015, eff. 1-1-2016) 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 Minn. Stats. § 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: (1) 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. (2) 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. (3) Violation of any state or federal law regulating the sale of intoxicating liquor, 3.2 percent malt liquor, or controlled substance. Page 13 of 16 (4) Creation of a nuisance on the premises or in the surrounding area. (5) 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. (6) That the licensee had knowledge of illegal acts upon or attributable to the licensed premises, but failed to report the same to the police. (7) 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 Minn. Stats. § 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 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 1st Violation 2nd Violation 3rd Violation 4th Violation Commission of a felony related to the licensed activity Revocation N/A N/A N/A Sale of alcoholic beverages while license is under suspension Revocation N/A N/A N/A Adult entertainment Revocation N/A N/A N/A Sale of intoxicating liquor where only licensed for 3.2 percent malt liquor Revocation N/A N/A N/A Refusal to allow city inspectors or police admission to inspect premises $1,000.00 fine and 3-day suspension $2,000.00 fine and 7-day suspension Revocation N/A Sale of alcoholic beverages to underage person $500.00 fine $1,000.00 fine and 3-day suspension $2,000.00 fine and 7-day suspension Revocation After or before hours sale of alcoholic beverage $500.00 fine $1,000.00 fine and 3-day suspension $2,000.00 fine and 7-day suspension Revocation Page 14 of 16 After or before hours consumption of alcoholic beverages $500.00 fine $1,000.00 fine and 3-day suspension $2,000.00 fine and 7-day suspension Revocation Gambling or prostitution on premises $500.00 fine $1,000.00 fine and 3-day suspension $2,000.00 fine and 7-day suspension Revocation Failure to take reasonable steps to stop person from leaving premises with alcoholic beverage $500.00 fine $1,000.00 fine and 3-day suspension $2,000.00 fine and 7-day suspension Revocation Sale of alcoholic beverage to obviously intoxicated person $500.00 fine $1,000.00 fine and 3-day suspension $2,000.00 fine and 7-day suspension Revocation Allowing a disorderly establishment $500.00 fine $1,000.00 fine and 3-day suspension $2,000.00 fine and 7-day suspension Revocation Person under 18 serving liquor $500.00 fine $1,000.00 fine and 3-day suspension $2,000.00 fine and 7-day suspension Revocation Failure to display liquor license Warning letter $500.00 fine $1,000.00 fine $1,500.00 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 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. (1) Any violation which has occurred within 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 60 days; b. Revoke the license; Page 15 of 16 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 Minn. Stats. § 152.01. 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 21 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 or motel room, premises, or other dwelling unit, or meeting room or hall, outdoor or open space, whether occupied on a temporary basis or permanent basis, whether occupied as a dwelling or specifically for a party or for a social function, and whether owned, rented, leased or under the control of used by 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. Sec. 4-16. Consumption and display permits. (a) Consumption and display permits issued by the commissioner of public safety shall be consented to or disproved as provided in Minn. Stats. § 340A.414 subd. 5. The city's fee for consent to the permit is $300.00 set forth in section 2-724. (b) The city may issue a one-day permit for the consumption and display of intoxicating liquor to a nonprofit organization in conjunction with a social activity in the city sponsored by the organization. The permit must be approved by the commissioner of public safety and is valid only Page 16 of 16 for the day indicated on the permit. The fee for the permit is $25.00. The city may not issue more than ten such permits in any one year. (c) The city may attach conditions to consent to a permit or the issuance of a one-day permit by the city. (d) Other terms and conditions of this chapter shall apply to consumption and display permits. The hearing requirement of section 4-7-2 apply to permits issued by the commissioner of public safety that are subject approval by the city but not to one-day permits issued by the city and approved by the commissioner of public safety. Section 2. Immediately effective upon approval. First reading: Dec. 16, 2025 Second reading: Waive Published: Attest Sharon Allison, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on TBD Send one affidavit of publication. Bill to Edina City Clerk Sharon Allison (Dec 17, 2025 15:18:35 EST)