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HomeMy WebLinkAbout1116 Ord (amending Chapter 43 regarding liquor) ORDINANCE NO. 1116 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 43 REGARDING LIQUOR OF THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Chapter 43 relating to Liquor is hereby amended as follows: ARTICLE I. - IN GENERAL Sec. 43-1. - Definitions. All words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in Minn. Stat. § 340A.101 et seq., except where the context clearly indicates a different meaning. APPLICANT means (1) a person applying for a liquor license; (2) corporation, partnership, or other legal entity with an officer, director, agent, or employee of a holder applying for a liquor license; or (3) an affiliate of a holder applying for an off-sale intoxicating liquor license, regardless of whether the affiliation is corporate or by management, direction, or control. HABITUAL, as used in section 43-67 subd. 2 (19), means more than ten (10) separate instances of unlawful conduct have occurred on the licenses premises within a calendar year. LICENSED PREMISES, for purposes of sale and consumption of intoxicating liquor, means a space that is compact and contiguous. In the case of a restaurant or club licensed in conjunction with a golf course, Licensed Premises means the entire golf course, except for areas where motor vehicles are regularly parked or operated. MANUFACTURER means a person, who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquor for sale. RESTAURANT is an establishment where meals are regularly prepared on the premises and served at tables to the general public, as defined in Minn. Stat. § 340A.101, Subd. 25. Restaurants must be considered a small, medium or large establishment, as defined by the Minnesota Department of Health. UNLAWFUL CONDUCT as used in section 43-67 subd. 2 (19), means citations issued to an owner or patron by the Stillwater Police Department or any other licensed peace officer responding to a call for assistance for disorderly conduct, assault, noise violation, 911 violation, unlawful assembly, trespass, remaining open for business for 90 days or more while on the 1 Minnesota Department of Revenue's posted list of sales tax delinquent liquor establishments, or any other violation of state or local liquor laws. Sec. 43-2. - State law adopted. Minn. Stat. ch. 340A is adopted by reference as if set out at length in this chapter. If the other provisions in this chapter are more stringent than the provisions of Minn. Stat. ch. 340A, the provisions of this chapter shall be controlling. Secs. 43-3-43-40. - Reserved. ARTICLE II. - SALE OF INTOXICATING LIQUOR FOR OFF-PREMISES OR ON- PREMISES CONSUMPTION DIVISION 1. - GENERALLY Secs. 43-41-43-60. -Reserved. DIVISION 2. - LICENSE Sec. 43-61. - Required. Subd. 1. It shall be unlawful for any person, directly or indirectly, upon any pretense or by any device, to sell, exchange, barter, dispose of, or keep for sale any intoxicating liquor for on-sale or off-sale within the limits of the city without first having obtained the required license. Subd. 2. Investigation. In order to protect the general welfare of the public, new and renewal liquor license applications require a background investigation. The investigations will be conducted pursuant to this section. (1) Authorization. At the time of making an initial or renewal license application,the applicant must provide written authorization to the city to investigate all facts set out in the application and to do a background investigation on the applicant. The information obtained from the investigation shall be used to assist the Police Chief in making a recommendation as to whether the applicant should be granted a license. The recommendation may be based on any of the following criteria: a. Whether the applicant was convicted of a crime or offense in the last five years involving or directly relating to the business for which a license is sought; b. Whether there is a material misrepresentation in the application; or c. Whether the applicant is of good moral character. 2 (2) Investigation fee. All applicants that must undergo a background investigation must pay an investigation fee with the license application. The city council establishes the investigation fees by city council resolution. Subd. 3. Insurance. The applicant must file with the city clerk a certificate of insurance from an insurance company duly licensed and qualified to do business in the state, on a form approved by the city. (1) Coverage requirements. The insurance policy certified must provide coverages and amounts as required by State law and by the city. (2) Coverage changes and cancellation. The applicant may not cancel or change the insurance without 30 days' prior written notice to the city clerk. The certification of insurance must be continuously in effect until 30 days after receipt of the written notice of cancellation or change. Subd. 4. After the city has received a completed application, including all required documentation, appropriate fees and a completed background investigation, the license will be submitted to the city council for consideration. Subd. 5. Incomplete applications will be rejected by the city clerk and will not be submitted to the city council. Subd 6. License fees. License fees must be paid with the application and must be submitted before the city will grant the license. (1) Fee determination. The fees for licenses are established by city council resolution. (2) Refunds. License fees are not refundable unless the applicant so requests and the request is approved by the Council. Specific fees for which work was performed, such as a background investigation, shall not be refundable. (3) Prorated license fees. License fees will not be prorated for a portion of a license term, except for the following licenses, payment for which shall only be for the portion remaining in the license term. a. On-sale intoxicating liquor; b. Pawnbroker; c. Precious metal dealer; d. Tobacco; Subd. 7. License Term. The term of the license year begins on January 1 and ends on December 31, unless a shorter license term is specified upon approval. Sec. 43-62. - Persons Ineligible. 3 Subd. 1. The city council may not issue a license to an applicant, if the applicant: (1) Is a minor at the time the application is filed; (2) Within five years of the license application, has been convicted of a felony, gross misdemeanor or misdemeanor punishable by jail,the crime is directly related to the license sought and the applicant has not shown by competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (3) Is not a citizen of the United States or a resident alien of the United States; (4) Is a manufacturer of 3.2% malt liquor or is interested in the control of any place where 3.2% malt liquor is manufactured; (5) Is applying for an off-sale license and 3.2% malt beverages are sold for consumption on the licensed premises; or (6) Is or during the period of the license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him or her a local license to sell intoxicating liquor at that place; (7) Is not the owner of the establishment for which the license is issued; (8) Owned an interest of more than 5%of the corporation,partnership, association, enterprise, business or firm applying for the license and who has had an intoxicating liquor license revoked in any jurisdiction within five years of the license application; (9) Is applying for a location in an area that is prohibited for such use by state law or the city zoning Code or where the principal building is within 500 feet of a school or church; or (10)Is applying for an off-sale and already has an off-sale intoxicating liquor license. Sec. 43-63. - Application. Subd. 1. Applications for a license must be submitted on a form provided by the city for an initial license, a license renewal and upon any change of ownership of business control of a licensed premises. The application shall state whether the applicant is a natural person, corporation,partnership or other form of organization and the type of license the applicant seeks. Subd. 2. If the applicant is a natural person, the following information shall be included in the application: (1) Full name,place and date of birth, and street resident address of where applicant has lived during the past five years. 4 (2) Whether applicant has ever used or been known by any other name; and, if so,the name or names, including maiden names and information concerning dates and places used. (3) The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant. (3) Type, name and location of every business or occupation applicant has been engaged in during the preceding five years. (4) Names and addresses of applicant's employers and partners, if any, for the preceding five years. (5) Whether applicant has been convicted of any felony, crime or violation of any ordinance, other than minor traffic violations, that are directly related to the business for which the license is sought. If so, the applicant shall furnish information as to the time, place and offense for such convictions. (6) Whether the applicant has ever been engaged in operating or as an employee of a hotel, restaurant,cafe,tavern or other business of a similar nature.If so,the applicant shall furnish information as to the time, place and length of time of such engagement. (7) The applicant's current personal financial statement and copies of the applicant's federal and state tax returns for the two years prior to the application. (8) The applicant's Social Security number. Subd. 3. If the applicant is a partnership, the following information shall be included in the application: (1) Name of the partnership or entity and the state of formation. (2) A copy of the partnership agreement. (3) The names and addresses of all partners and all information concerning each partner as is required of a single applicant in subdivision 2 (1)-(8) of this section. (4) The applicant's federal tax identification number and state employer identification number. Subd. 4. If the applicant is a corporation or other organization,the following information shall be included in the application: (1) Name of the corporation or entity and the state of incorporation or formation. (2) A copy of the articles of incorporation or association agreement and bylaws; and if a foreign corporation, a certificate of authority as described in Minn. Stat. ch. 303. 5 (3) The names and addresses of all officers and anyone who owns or controls an interest in the corporation or association in excess of five percent and all information as is required of a single applicant in subdivision 2 (1)-(8) of this section. This provision, however, does not apply to a corporation whose stock is publicly traded on a stock exchange and the corporation is applying for a license to be owned and operated by itself (4) The applicant's federal tax identification number and state employer identification number. Subd. 5. If the application is for on-sale club or an on-sale commercial-recreational club license,the following information is required: (1) The name of the club or commercial-recreational club. (2) Date that club or commercial-recreational club was first organized and place of such organization. (3) A sworn statement that the club complies with the following: a. Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; b. 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 that 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 body; and c. The number of members of the club or commercial-recreational club is not less than 30 members. Subd. 6. Every application shall also contain the following: (1) The exact legal description of the premises and parcel identification number to be licensed together with a site plan of the area showing dimensions, location of buildings and any extension of the premises or outside areas that the licensee proposes to include in the area covered by the license. The street address of the licensed premises and the floor plan showing where liquor is to be sold or consumed. An applicant for an on-sale license shall include dimensions of any dining room and indicate the number of persons intended to be served in each room. (2) The name of the manager or proprietor or agent in charge of the premises to be licensed, the assistant manager, the food manager and the beverage manager giving all the information about those persons as is required of a single applicant in 43-63 subd. 2 (1)- (8) of this section. 6 (3) If the property owner and the applicant are the same person or entity or have any common ownership, a statement as to whether or not all real estate and personal property taxes for the premises to be licensed have been paid, and if not paid, the years and amounts which are unpaid; (4) Whether the applicant holds a current license or has ever held a license from any governmental unit, including the city. (5) Whether the applicant has ever had a license in any city or state denied, revoked or suspended and the reason for the denial, revocation or suspension. (6) The name of the business, if it is to be conducted under a designation, name or style other than the name of the applicant and a certified copy of the certificate as required by Minn. Stat. § 333.01. (7) If the applicant does not own the business premises, a true and complete copy of the executed lease for the premises, if applicable. (8) A written declaration by the applicant, under penalty of perjury, that the information contained in the application is true. If the applicant is a corporation, an officer must sign the written declaration. If the applicant is a partnership, a general partner must sign the written declaration. If the applicant is an unincorporated association, the manager or managing officer must sign the written declaration. (9) A physical description of the applicant, along with a copy of a state-issued identification for the applicant or main contact person for the application. (10)If the licensed activity requires prior approval from another government entity, written evidence of that approval. (11) Other information as the city council may require. Sec. 43-64. - Renewal of license. Subd. 1. 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 (no later than Nov. 1). Failure to submit a renewal application by the expiration date means there is no guarantee of the license being renewed. Thirty days after its expiration, the license will be considered terminated. If a timely submission of a renewal application is made by an applicant in good standing, but the city council does not act upon the application prior to December 31, then upon written authorization by the city, the applicant may continue to operate until the city council considers the renewal application. Subd. 2. The licensee shall notify the city clerk of any changes to the information on the application during the license term, including adding or removing persons on the application, enlarging or changing the dimensions or serving areas of the licensed premises, or other 7 information on the application. The city clerk shall determine if the changes require additional fees, background investigations or an amendment of the license by the city council. Subd. 3. An annual renewal application must include payment of the investigation fee as established resolution. Subd. 4. Inactive Licenses. Provided all license fees are paid when due and kept current, a licensed premises may remain at a vacant location for a period of the remaining calendar year in which the vacancy occurs,and for one year thereafter.At the end of this period,the inactive license will be deemed abandoned without further notice or hearing and the city council will be entitled to grant the license to another person or entity. Sec. 43-65. - License Types Subd. 1. On Sale licenses. An on-sale intoxicating liquor license may be issued to clubs, restaurants, theaters, hotels and bowling centers. Subd. 2. Off-Sale licenses. Off-sale licenses may be granted to permit the retail sale of alcoholic beverages containing more than 3.2% alcohol by volume in its original container for consumption off the licensed premises only. Such licenses may be issued to drug stores to which an off-sale license had been issued on or prior to May 1, 1994, and exclusive liquor stores. Subd. 3. On-sale wine licenses. Except as otherwise provided in this section and by law, on- sale wine licenses may be granted and issued to restaurants, bed and breakfasts and theaters. Subd. 4. Sunday sales licenses. A special license authorizing the sale of intoxicating liquor on Sunday in conjunction with the sale of food may be issued to any qualified establishment holding an on-sale license. Subd. 5. Temporary on-sale licenses. (1) General rule. Notwithstanding any other provision of this section, a club (as defined in Minn. Stat. § 340A.101, Subd. 7) or charitable, religious or other nonprofit organization may obtain a temporary on-sale license to sell intoxicating liquor for consumption on the licensed premises only and in connection with a social event within the city sponsored by the licensee. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an on-sale intoxicating liquor license issued by the city. (2) Caterer. The license may provide that the licensee must contract with the holder of an intoxicating liquor license issued by the city who also has a state-issued caterer's permit for dispensing intoxicating liquor. The caterer must provide the city with a valid certificate of insurance for the event. (3) A separate license fee shall be due for each application submitted.However,if the applicant applies for more than one event in a single application, only one license fee shall be required. 8 (4) Number of days per event. The license will not authorize any temporary on-sale intoxicating liquor license for more than four consecutive days. (5) Number of events per year. The city will not authorize more than three four-day, four three- day, six two-day or 12 one-day temporary licenses, in any combination not to exceed 12 days per year for the sale of intoxicating liquor to any one organization or for any one location within the city for a 12-month period. (6) Number of events per 30-day period. The city shall not issue more than one license to any organization or political committee, or any one location, within a 30-day period. (7) Application. Application for a temporary license may be made on forms provided by the city clerk and must include the following information: a. The name, address and purpose of the organization, together with the names and addresses of its officers, and evidence of nonprofit status or of its status as a club as defined in this section; b. The purpose for which the temporary license is sought, together with the location, dates and hours during which wine or intoxicating liquor will be sold; c. Consent of the owner or manager of the premises or person or group with lawful responsibility for the premises; d. Evidence that the manager or director has received alcohol awareness training as required in section 43-66 subd. 11; and e. A security plan approved by the Police Chief or his or her designee. (8) Reasonable conditions. The city council may impose reasonable conditions to protect the health, safety and general welfare of the public. Subd. 6. Special provisions - sports facilities, cultural facilities, community festivals and consumption and display permits. (1) Sports facility or cultural facility. A holder of an on-sale intoxicating liquor license issued by the city may obtain a temporary license to dispense intoxicating liquor at a convention, banquet, conference, event, meeting or social affair conducted on the premises of a sports facility or cultural facility owned by the city, subject to the limitations in Minn. Stat. § 340A.404, Subd. 4(a). (2) Community festival. A holder of an on-sale intoxicating liquor license issued by the city may obtain a temporary license to dispense intoxicating liquor off premises at a community festival held within the city. The area for the dispensing and consumption of intoxicating liquor must be compact and contiguous, with proper separation to control ingress and egress. The licensee must demonstrate that it has liability insurance as prescribed by Minn. 9 Stat. § 340A.409, to cover the event. (3) Consumption and display permits. a. Permit required. No business establishment or club may allow the consumption and display of alcoholic beverages without first having obtained a consumption and display permit from the Commissioner of the Department of Public Safety and from the city. A consumption and display permit may be approved by the city council for an organization that complies with the requirements of Minn. Stat. § 340A.414, Subd. 2, and that complies with all the provisions of this section. The city's permit is not effective until a consumption and display permit is approved by the Commissioner of the Department of Public Safety. b. Posting of permit. The city's permit must be posted continuously in some conspicuous place upon the premises alongside the permit issued by the Commissioner of the Department of Public Safety. c. Application. The applicant must submit to the city clerk, the application form for consumption and display permits provided by the Commissioner of the Department Public Safety, any additional forms required by the city clerk, and the appropriate fees. d. Term. Permits issued by the city expire on March 31 of each year, coinciding with the permit issued by the Commissioner of the Department of Public Safety. e. One license per applicant. Not more than one license shall be directly or indirectly issued within the city to any one applicant. f. Location and transfer. A permit shall be issued only for the compact and contiguous premises described in the application. A permit may not be transferred to another person or to another place. g. Hours. The consumption and display of intoxicating liquor is allowed only within the hours and days fixed by Minn. Stat. § 340A.504, Subd. 5, unless further restricted by the city council. Subd. 7. One-day consumption and display permits. (1) Intent and purpose. It is the intent and purpose of this section to effectuate the authorization to issue one-day consumption and display permits given to cities by Minn. Stat. § 340A.414, Subd. 9. (2) Issuance to non profits. One-day consumption and display permits may only be issued to a non-profit organization in conjunction with a social activity in the city sponsored by the organization. The permit must be approved by the Council. 10 (3) Limit on number of permits. The city shall not approve more than ten one-day consumption and display permits in any calendar year. (4) Reasonable conditions. The city council may impose reasonable conditions on any license provided in this section to protect the health, safety and general welfare of the public. Subd. 8. Temporary off-sale wine license. Temporary off-sale wine licenses may be issued for the off-sale of wine at an auction with the approval of the Commissioner of Public Safety. A temporary off-sale wine license authorizes the sale of only vintage bottled wine that is at least five years old and is of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three consecutive days provided not more than six hundred cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by the city. Subd. 9. Culinary class limited on-sale license. A limited on-sale intoxicating liquor license may be issued to a business establishment: (a) not otherwise eligible for an on-sale intoxicating liquor license; and (b) that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six ounces of wine or twelve ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only. Subd. 10. Brewer license. (1) On-sale brewpub license. On-sale intoxicating or on-sale 3.2% malt liquor may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria of Minn. Stat. § 340A.24. (2) Off-sale malt liquor brewer license (off-sale brewpub). A brewer with an on-sale brewpub license may be issued an off-sale malt liquor brewer license which shall permit the off-sale of malt liquor at the brewer's licensed premises subject to the provisions of Minn. Stat. § 340A.24. a. A brewer may only hold one brewer off-sale malt liquor license. b. The only malt liquor sold on the licensed premises shall be malt liquor produced by the brewer at the brewery premises. (3) Brewer taproom license. A brewer taproom license may be issued to a holder of a brewer's license, which authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A brewer may only have one taproom license and may not have an ownership interest in a brewpub. (4) Brewer temporary on-sale intoxicating liquor license. A brewer temporary on-sale intoxicating liquor license may be issued to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year for the on-sale of intoxicating liquor in connection with a 11 social event within the city that is sponsored by the brewer. Subd. 11. Microdistiller license. (1) Cocktail room license. The holder of a microdistillery license under Minn. Stat. § 340A.22 may be issued a cocktail room license. a. A cocktail room license authorizes the on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. b. A distiller may only have one cocktail room license and may not have an ownership interest in a distillery licensed under Minn. Stat. § 340A.301, Subd. 6(a). (2) Microdistiller off-sale license. A microdistiller off-sale license may be issued to the holder of a state microdistillery license if at least 50% of the annual production of the licensee is processed and distilled on premises. An off-sale license herein authorizes off-sale of one 375 milliliter bottle per customer per day of product manufactured on-site provided the product is also available for distribution to wholesalers. (3) Microdistiller temporary on-sale intoxicating liquor license. A microdistiller temporary on-sale intoxicating liquor license may be issued to the holder of a state microdistillery license. A temporary on-sale license herein authorizes on-sale of intoxicating liquor in connection with a social event within the city that is sponsored by the microdistillery. Sec. 43-66—General Conditions. All licenses granted under this chapter will be considered subject to the conditions in this section, all other applicable conditions of this code, and to all applicable provisions in the Zoning Ordinance. Subd. 1. Responsibility of licensees. Every licensee under this chapter is responsible for the conduct in the licensed establishment and any sale of alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is the act of the licensee. Subd. 2. Sales to and consumption by persons under 21 years of age. (1) It is unlawful for any licensee or consumption and display permit holder to permit any person under the age of 21 years to consume alcoholic beverages on the licensed premises; (2) It is unlawful for any person: a. To sell, barter, furnish or give alcoholic beverages to a person under 21 years of age; b. Under the age of 21 years to purchase or attempt to purchase any alcoholic beverage; 12 c. To induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person's driver's license, permit, state identification card, or other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting to purchase any alcoholic beverage. d. To host or allow an event or gathering at any residence, premises, or any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person. A person does not need to be present at the event or gathering to be in violation of the ordinance from which this subsection was derived. Subd. 3. Restrictions. All licenses are valid only for the compact and contiguous area described in the license and for no other area unless otherwise permitted by law. Subd. 4. Signage. For licenses that require signage to designate areas of consumption, such signs shall state: "NO ALCOHOL BEYOND THIS POINT" or "NO ALCOHOL PERMITTED IN THIS AREA" with letters that are two inches tall in contrasting letters. The signage shall be approved by the city clerk and/or building official. Consumption or sale of alcohol on non-licensed areas will be in violation of this ordinance and subject to a fine as stated in chapter 22, section 22- 9. Subd. 5. Posting. A retail license issued under this chapter must be posted in a conspicuous place in the premises for which it is issued. Subd. 6. Inspection of premises. All licensed premises shall be subject to inspection by any police officer, health officer or other designated officer or employee of the city during all hours the premises are open for business. Subd. 7. Transfer of License. Licenses are nontransferable from location to location or entity to entity. A new license application is required for any new location by an existing licensee or new ownership of an existing licensed premises. Subd. 8. Conduct of business: sales prohibited. An on-sale license holder may not sell liquor by the bottle or container for removal from the licensed premises. An off-sale license holder may not permit the consumption of any liquor on the licensed premises, except as authorized by Minn. Stat. § 340A.404, Subd. 11, which allows the removal of certain wine at a restaurant with an on- sale intoxicating liquor or wine license. Subd. 9. Gambling. No licensee may keep, possess, operate or permit the keeping, possession or operation of, on the premises or in any room adjoining the licensed premises controlled by the licensee, any slot machine, dice or other gambling device or apparatus, nor permit any gambling, gambling devices may be kept or operated, except as authorized by law. Raffles may be conducted on the licensed premises and adjoining rooms if licensed by the city. 13 Subd. 10. Hours of Operation and Consumption time limit. (1) Hours of Operation. a. Sales of intoxicating liquor shall be governed by the provisions of Minn. Stat. § 340A.504, except as provided below. b. On-sale intoxicating license holders may apply for a license to sell intoxicating liquor until 2:00 a.m., except that for license holders with a Sunday on-sale intoxicating liquor license the hours shall be between 8:00 a.m. on Sundays and 1:00 a.m. on Mondays. c. On Sundays, license holders with a 2:00 a.m. license and with seating capacity for at least 30 people, may sell intoxicating liquor in conjunction with the sale of food between the hours of 8:00 a.m. on Sundays and 2:00 a.m. on Mondays only when a Sunday is followed by the Monday observing Memorial Day, July 4th or Labor Day. d. The off-sale of malt liquor may only be made during the same days and hours permitted at exclusive liquor stores. e. The on-sale of distilled liquor may only be made during the days and hours that the sale of on-sale intoxicating liquor is permitted. (2) Consumption time limitation. No on-sale licensee or employee or agent of the licensee may permit or allow any person to consume intoxicating liquor within the licensed premises more than 15 minutes after the time the sale of intoxicating liquors on the premises is prohibited. (3) Removal of containers. No licensee may permit any glass, bottle or other container containing intoxicating liquor in any quantity to remain upon any table, bar, stool or other place where customers are served, more than 15 minutes after the time when a sale can legally occur, except as authorized by Minn. Stat. § 340A.404, Subd. 11, which allows the removal of certain wine at a restaurant with an on-sale intoxicating liquor or wine license. (4) Closing. Except as otherwise provided in this section, no persons, other than a licensee's cleaning or maintenance personnel, or licensed contractors related to a building project or employees actually engaged in the performance of their duties may be in the licensed premises between 15 minutes after the time when a sale can legally occur and 4:00 a.m. These provisions do not apply to any separate part of the premises that are open to the general public for business purposes unrelated to the sale of intoxicating liquor. Any violation of any condition of this subsection may be grounds for revocation or suspension of the licensee's liquor license. Any person within the licensed premises at the time of such violation must immediately leave the premises upon order by a police officer. 14 (5) Windows; shades or curtains. All licensed on-sale liquor establishments in the city must have curtains or shades, as designated by the Police Chief,fully opened at least 15 minutes prior to closing time. The establishment is responsible to ensure that the interior can be fully and easily observed from the outside of the establishment at all the times. Subd. 11. Training. The licensee shall provide or arrange for documented training within 60 days after being hired, and annually thereafter, for every person selling or serving liquor. The training shall include education regarding the laws pertaining to the selling or serving of alcohol, the rules for identification checks, the responsibilities of establishments selling intoxicating liquors,and the use of age verification devices,if one is so required. The training shall be provided by an organization approved by the Police Chief. Subd. 12. Off-site storage prohibited. A holder of an intoxicating liquor license may not store any intoxicating liquor at any location other than the licensed premises. Sec. 43-67. —Action on license. Subd. 1. New or renewal application consideration. (1) City council action. The city council must take action on each new and renewal license application within a reasonable time following receipt of the recommendation from city staff regarding the application. (2) Procedure. At the city council meeting at which the license application is considered, any person must be provided an opportunity to be heard for or against the license. The city council may then take any of the following actions: a. Approve the license; b. Deny the license; c. Approve a provisional license; d. Approve the license with reasonable conditions; or e. Continue the license application. (3) Provisional license. The city council may convert a regular license to a provisional license to any existing business that has generated more than three violations of city code or state statutes within the preceding 5-year period. At the time of approval of the provisional license, the city council shall adopt a mitigation plan. The mitigation plan may include adding security measures, improving the exterior of the property, reducing or changing the hours of operation,holding neighborhood meetings,or other steps deemed appropriate. The license term for a provisional license shall coincide with the license term of a regular license. The decision approving a provisional license is final and subject to judicial review in accordance with state law. (4) License with reasonable conditions. The city council may add reasonable conditions upon approval of a regular license, if deemed appropriate. 15 Subd. 2. License penalties. Upon the occurrence of one or more violations of city code or state statutes within the preceding 5-year period, the City may take action on a business license or licensed activity to impose a penalty pursuant to the fee schedule adopted by city council resolution. If the penalty is a fine, the City may issue an administrative citation pursuant to City Code Section 22-10, providing notice of the opportunity to appeal. If the penalty involves suspension or revocation of the license, the City must hold a hearing following the process found in City Code Section 22-10 subd. 4. A penalty may be imposed on any licensee upon a finding of one or more of the following reasons: (1) The proposed use does not comply with the Zoning Ordinance; (2) The proposed use does not comply with health, building, maintenance or other provisions of the city code or state law; (3) The applicant has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (4) The applicant has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application or investigation for or in the course of the applicant's business; (5) The applicant was convicted of any crime or offense in the previous five years involving or relating to the business that is licensed or the type of licensed activity and the applicant or licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (6) The licensee has conducted the licensed activity in such a manner as to constitute a breach of the peace, a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the city, upon recommendation of the Police Chief or an appropriate city official; (7) Expiration or cancellation of any required insurance or failure to notify the city within a reasonable time of changes in terms of the insurance or the carriers; (8) The licensee has acted in an unauthorized manner or beyond the scope of the license granted; (9) The applicant's license has been denied, revoked or suspended by the city, the state or another government unit; (10) Failure to allow inspections of the licensed premises, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business; (11) Failure to continuously comply with all conditions required as precedent to the approval of the license; 16 (12) Real estate or personal property taxes on the business premises have become delinquent and the property owner and the applicant are the same person or entity, or have any common ownership between the property owner and the applicant where they are a different person or entity; (13) Violation of any regulation or provision of the city code or Zoning Ordinance applicable to the activity for which the license has been granted, or any regulation or state law that may be applicable; (14) The applicant or licensee has been found guilty of professional misconduct, either criminally or civilly; (15) Based on the findings of a background investigation, granting a license would be a menace to the safety, health, morals and welfare of the public; (16) The applicant or licensee is not of good moral character; (17) The licensee has violated a condition of its provisional license; (18) The activity has been conducted without a license; or (19) The licensee habitually permits unlawful conduct to occur in or upon the licensed premises. Subd. 3. Temporary suspension. The city council may immediately temporarily suspend a license when, in its judgment, the public health, safety and welfare is endangered by the continuance of the licensed activity. The temporary suspension may remain in effect until a penalty hearing can be held and a decision is made by the city council or a designated hearing officer. Subd. 4. Penalty hearings. A hearing for consideration of the imposition of suspension or revocation of the license, or in the cases of an appeal of a financial penalty, a hearing will be conducted before the city council or a designated hearing officer pursuant to City Code Section 22-10 subd. 4. (1) Final decision. Following the hearing, the city council or hearing officer may impose a penalty on the licensee as long as it is supported by findings of fact and the decision generally follows the penalties outlined in the City's fee schedule.The penalty may provide for a combination of a fine and a suspension. If supported by the findings of fact, the penalty may be an upward or downward departure of the recommended penalty in the fee schedule. If the licensee is found in violation of the city code or a state statute, the licensee shall be required to pay for the cost of the hearing officer. (2) Findings. Any actions taken following a hearing shall be in the form of an order with findings of fact and shall be sent to or served upon the licensee. If the license is suspended, the dates of suspension shall be fixed; if the license is revoked, the effective date of the revocation shall be fixed; if the license is converted to a provisional license, the mitigation 17 plan shall be included; if the penalty includes a fine,there shall be a date by which the fine must be paid. (3) Appeal from hearing. Notwithstanding City Code Section 22-10 subd. 4(5), which states that the decision of the hearing officer is final: a. If a hearing officer makes a decision to suspend or revoke the license,then the licensee may appeal to the city council, as long as the licensee complies with the following: makes a written request to appeal within seven days after the licensee is served with the order of the hearing officer and pays the appeal fee pursuant to the fee schedule. The appeal hearing before the city council shall be limited in scope to determine if the hearing officer's order is supported by the findings of fact. b. If the city council makes a decision to suspend or revoke the license, or if the council upholds the decision of the hearing officer,then the decision is final, subject to judicial review in accordance with state law. c. If either the city council or the hearing officer imposes any penalties other than suspension or revocation, the decision is final and subject to judicial review in accordance with state law. Secs. 43-68-43-105. - Reserved. Reserved. ARTICLE III. -3.2 PERCENT MALT LIQUOR DIVISION 1. - GENERALLY Secs. 43-106-43-125. - Reserved. DIVISION 2. - LICENSE Sec. 43-126.—Required. Subd. 1. It is unlawful to sell 3.2 percent malt liquor at wholesale or retail without a license. The fee for such licenses shall be as established by city council resolution. Subd. 2. Definitions. Terms used in this section have the meanings given them by Minn. Stat. ch. 340A. Subd. 3. Conditions. (1) On-sale licenses permit the licensee to sell 3.2 percent malt liquor for consumption on the premises. On-sale licenses will be granted only to restaurants, hotels, drug stores, and to clubs for social or business purposes or for intellectual improvement or for the promotion 18 of sports, where the serving of such 3.2 percent malt liquor is incidental and not the major purpose of the club. (2) Off-sale licenses permit the licensee to sell 3.2 percent malt liquor in the original package for consumption off the premises only. (3) Temporary on-sale licenses may be granted to clubs, charitable, religious or non-profit organizations for the sale of 3.2 percent malt liquor. the term of a temporary on-sale license shall not exceed three days. On-sale licenses shall be subject to special terms and conditions as the council may prescribe. Sec. 43-127. - Persons eligible. No license may be issued to any person or entity who is ineligible under the provisions of section 43-62 or who is otherwise ineligible according to law. Sec. 43-128. -Application. Subd. 1. Every application for a 3.2 percent malt liquor license shall be made on a form provided by the city and must state: (1) The name and address of the applicant; (2) Whether the application is for on-sale or off-sale; (3) The business in connection with which the proposed license will operate and its location; (4) Whether the applicant is owner and operator of the business and how long the applicant has been in that business and at that place; (5) The name of the manager in charge of the business; and (6) Such other information as the city council may require or as required by state law. Subd. 2. It shall be unlawful to make any false statement in an application. Applications shall be filed with the city clerk. Subd. 3. Renewal applications shall be administered pursuant to section 43-64. Subd. 4. The applicant shall comply with all provisions of section 43-61. Sec. 43-128. -Action on License. The city council must take action on each new and renewal license application within a reasonable time following receipt of the recommendation from city staff regarding the application and shall follow the process outlined in section 43-67 for approval,renewal, denial, suspension or revocation of licenses. 19 SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk,the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The amendments reorganize many sections of the existing liquor ordinance and clarify the application requirements for individuals, partnerships and corporations. It clearly sets out the process for obtaining a new license and for renewing a license, including having a background investigation, the requirements for insurance and the payment of fees. The amendments add some new license types, such as licenses for events in a city-owned sports facility or for community festivals,temporary off-sale wine licenses,culinary class on-sale, and microdistillers such as cocktail rooms. The ordinance allows the Council to approve a provisional license for those establishments who have more than 3 city code violations within 5 years. A provisional license includes a mitigation plan that the licensee must follow in order to keep its license. The process for approval, denial, suspension and revocation is carefully articulated so that the licensees will know what to expect at each stage of the process. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 7th day of , 2018. CITY OF STILLW c Ted Kozlowski, Mayor ATTEST: Le&m,, „ Beth Wolf, City Cler 20 AFFIDAVIT OF PUBLICATION CITY OF STILLWATER RESOLUTION NO.2018-265 STATE OF MINNESOTA A RESOLUTION OF THE STILLWATER CITY COUNCIL DIRECTING COUNTY OF WASHINGTON ss THE PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY WHEREAS, pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance,a summary may be published. While a copy Darlene MacPherson being duly sworn on an of the entire ordinance is available without cost at the office of the City oath, states or affirms that he/she is the Clerk, following aroved Publisher's Designated Agent of the news a- P ublihedthe summ in lif publig try ishappe entire ordinby the City Council and shall be ance: g P NOWs THEREFOeuoRE BEshin IT RESOLVED AS FOLLOWS: per(s)known as: 1.The title of the ordinance to be published is as follows: AN ORDINANCE AMENDING CHAPTER 43 REGARDING LIQUOR OF Stillwater Gazette THE STILLWATER CITY CODE. 2.A summary of the ordinance is as follows: The amendments reorganize many sections of the existing liquor ordi- with the known office of issue being located nance and clarify the application requirements for individuals,partnerships in the county of: and corporations.It clearly sets out the process for obtaining a new license WASHINGTON and for renewing a license,including having a background investigation, with additional circulation in the counties of: thadde resome quiremnew lients for insurance andsuch theas payment of fevenees.The amendments cense types, lice forts in a city-owned WASHINGTON sports facility or for community festivals,temporary off-sale wine licenses, and has full knowledge of the facts stated culinary class on-sale, and microdistillers, such as cocktail rooms.The below: ordinance allows the Council to approve a provisional license for those (A)The newspaper has complied with all of establishments who have more than 3 city code violations within 5 years.A provisional license includes a mitigation plan that the licensee must follow the requirements constituting qualifica- in order to keep its license.The process for approval,denial,suspension tion as a qualified newspaper as provided and revocation is carefully articulated so that the licensees will know what by Minn. Stat.§331A.02. to expect at each stage of the process. (B)This Public Notice wasprinted3.A complete printed copy of the ordinance is available for inspection and pub- by any person during the regular office hours at the office of the City Clerk, fished in said newspaper(s) once each City Hall,216 4th Street N. week, for 1 successive week(s); the first 4.A copy of the entire text of the ordinance must be made available in insertion being on 12/07/2018 and the last the Stillwater Public Library. insertion beingon 12/07/2018. Enacted by the City Council this 4th day of December,2018. CITY OF STILLWATER /s/Ted Kozlowski,Mayor MORTGAGE FORECLOSURE NOTICES ATTEST: Pursuant to Minnesota Stat. §580.033 /s/Beth Wolf,City Clerk Publinishedthe relating to the publication of mortgage Stillwater Gazette foreclosure notices: The newspaper complies December 7,2018 with the conditions described in §580.033, 886514 subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 12/07/2018 by Darlene MacPherson. ih Notary Public „ Jessica L Crabb Notary Public ;� _ Minnesota ;a,,m+,,. uy Cammissicm Ezoi,es January 31,2023 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch Ad ID 886514