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Home My WebLink About1043 Ord (Liquor Signage) ORDINANCE 1043 AN ORDINANCE AMENDING THE STILLWATER CITY CODE, CHAPTER 43,LIQUOR THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. Stillwater City Code Section 43, Liquor, is amended that will hereafter read as follows: Sec. 43-6. Restrictions Subd. 2. Signage 1. Signage for the premises "NO ALCOHOL BEYOND THIS POINT" or "NO ALCOHOL PERMITTED IN THIS AREA" shall be 2 inches (2") tall in contrasting letters. This shall be determined by the City Clerk and/or Building Official. 2. Consumption or Sale of alcohol on non-licensed areas of the premises will be in violation of this liquor ordinance and subject to a fine as stated in Chapter 22, Section 22-9. Sec. 43-10. Investigation of Applicant for License. (a) Preliminary Background. On an initial application for a liquor license (except Temporary Liquor License), or transfer of a license, and on an application for renewal of a license, the City Police Department shall conduct a preliminary criminal history through the Minnesota Computerized Criminal History (CCH) system, and a driver's license check or it may contract with the commissioner of public safety for the investigation. The applicant must submit an investigation fee with the application as required in Chapter 43, Sections 43-67 of the City Code in addition to any license fee. (i) The preliminary criminal history and driver's license background must be completed for the following persons: Owners* Partners* Officers* Agents/managers who oversee the sale or purchase of liquor. * If a large corporate or franchise business (more than three owners/officers/partners) applies for the liquor license, the City Police Department shall conduct a Preliminary criminal history as stated in Sec. 43-10(a). Each corporate officer must also complete a Personal History Form in addition to the agent or manager's requirement. The criminal history check will be done on the manager/agent or responsible party through the public Minnesota Criminal History website. Each manager shall complete a Personal History Form. (ii) The application packet shall include the following for the completion of a CCH for owners,partners, officers,manager/agent or responsible party: a. Data practices Advisory for Protected Information; and b. Consent for Release of Information. (b) Comprehensive Background and Financial Investigation. If the results of a preliminary investigation warrant are not acceptable to the Police Chief, a comprehensive background and financial investigation may be conducted. The City may either conduct the investigation or contract with the commissioner of public safety for the investigation. If a comprehensive background and financial investigation is conducted, and if any part of the investigation occurs outside of the state, the fee for such comprehensive background and financial investigation shall not exceed $10,000.00, less any amount paid for the initial investigation. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation. The results of the comprehensive background and financial investigation shall be sent to the commissioner of public safety if the application is for an on—sale intoxicating, an on—sale wine with strong beer, or off—sale liquor license. Sec. 43-73. Action on application. The City Clerk and Police Chief shall investigate the applicant and the representations set forth in the applications. The City Council shall either approve or reject the application. If approved, the city clerk shall issue the license,providing the fee has been paid and the license approved by the police, fire, inspections, finance, city clerk departments of the city, state commissioner, or any other State agency(i.e. Department of Agriculture), when applicable. No license shall be transferable by the licensee or to other premises that described in the original application. 2. Saving. In all other ways, the City Code will remain in full force and effect. 2 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 21st day of February 2012. CITY OF STILL/ T Ken "a , i, Mayor ATTEST: Larry D. H en, Acting City Clerk 3 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON aty of Stillwater (Official Publication) ORDINANCE 1043 Julie Athey, AN ORDINANCE AMENDING THE STILLWATER CITY CODE,CHAPTER 43,LIQUOR ■ being duly sworn on oath,says:that She is THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: and during all times herein states has been, Clerk of Sun Newspapers 1. Amending. Stillwater City Code Section 43,Liquor,is amended that Publisher of the newspaper known as the will hereafter read as follows: Sec.43-6. Restrictions Stillwater Gazette,a newspaper of general circulation within the City of Subd.2. Signa ,;, c,.= ' Stillwater and the County of Washington. 1. Signage for the premises"NO ALCOHOL BEYOND THIS POINT'or "NO ALCOHOL PERMITTED IN THIS AREA"shall be 2 inches(2")tall in That the notice hereto attached was cut from contrasting letters. This shall be determined by the City Clerk and/or Building Official. the columns of said newspaper and was 2. Consumption or Sale of alcohol on non-licensed areas of the premis- printed and published therein on the es will be in violation of this liquor ordinance and subject to a fine as stat- following date(s): ed in Chapter 22,Section 22-9. Sec.43-10. Investigation of Applicant for License. (a) Preliminary Background. On an initial application for a liquor license 23rd of February 2012 (except Temporary Liquor License), or transfer of a license, and on an Newspaper Ref./Ad#1093536 application for renewal of a license,the City Police Department shall con- duct a preliminary criminal history through the Minnesota Computerized Criminal History(CCH)system,and a driver's license check or it may con- tract with the commissioner of public safety for the investigation.The appli- cant must submit an investigation fee with the application as required in Chapter 43,Sections 43-67 of the City Code in addition to any license fee. (i) The preliminary criminal history and driver's license background must be completed for the following persons: Owners' • Subscribed and sworn to before me this Ce®s 23rd day of February 2012 Agents/managers who oversee the sale or purchase of liquor.• If a large corporate or franchise business(more than three owners/offi- Mark Berriman cers/partners) applies for the liquor license, the City Police Department \ �� shall conduct a Preliminary criminal history as stated in Sec.43-10(a). Each corporate officer must also complete a Personal History Form in addi- tion to the agent or manager's requirement. NOTARY PUBLIC The criminal history check will be done on the manager/agent or responsi- ble party through the public Minnesota Criminal History website.Each man- Washington County,Minnesota ager shall complete a Personal History Form. (ii) The application packet shall include the following for the completion of M commission expires January 31,2016 a CCH for owners,partners,officers,manager/agent or responsible party: y li �r a. Data practices Advisory for Protected Information;and b. Consent for Release of Information. (b) Comprehensive Background and Financial Investigation. If the results of a preliminary investigation warrant are not acceptable to the Police Chief, a comprehensive background and financial investigation may be conduct- ed.The City may either conduct the investigation or contract with the com- missioner of public safety for the investigation. If a comprehensive back- �r MARK K E ERA1MAN r ground and financial investigation is conducted,and if any part of the inves- tigation occurs outside of the state,the fee for such comprehensive back- r ,.„ TARP PUBLIC ground and financial investigation shall not exceed$10,000.00,less any MINNESOTA amount paid for the initial investigation.-The unused balance of the fee ; „ My Commission Expires Jan.31,2016 shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation. The results of the comprehensive background and financial investigation shall be sent to the commissioner of public safety if the application is for an on—sale intoxicat- ing,an on—sale wine with strong beer,or off-sale liquor license. Sec.43-73. l'Action on application. The City Clerk and Police Chief shall investigate the applicant and the rep- resentations set forth in the applications. The City Council shall either approve or reject the application.If approved, the city clerk shall issue the license,providing the fee has been paid and the license approved by the police, fire, inspections, finance, city clerk departments of the city,state commissioner,or any other State agency(i.e. Department of Agriculture),when applicable.No license shall be transfer- able by the licensee'or to other premises that described in the original application. 2. Saving. In all other ways,the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 21st day of February 2012. CITY OF STILLWATER /s/Ken Harycki Ken Harycki,Mayor ATTEST: /st Larry D.Hansen Larry D.Hansen,Acting City Clerk (Feb.23,2012)Ordinance 1043