HomeMy WebLinkAbout2006 08-14 400 CMWAGENDA
ITII 111
Monday, August 14, 2006
Council Chambers, City Hall
4:00 p.m.
B. ROLL CALL
C. APPROVAL OF AGENDA
D. NEW BUSINESS
1 . 4:00 p.m. to 6:00 p.m. - Alcoholic Beverage Code Discussion
0 1 . 6:00 p.m. to 7:00 p.m. - Housing and Redevelopment Authority Commission
Interviews
E. FUTURE TOPICS
F. ADJOURNMENT
Agenda Item D1
Staff Report Amended 08 -14 -06
AGENDA REPORT
TO: Greg Copeland, City Manager
FROM: Karen Guilfoile, City Clerk
DATE: August 10, 2446
RE: Code Revisions- Chapter 6 — Alcoholic Beverages
Introduction
The duties and responsibilities of Chapter 6 — Alcoholic Beverages are shared collaboratively with
the City Clerk and the Police Departments. While the City Clerk Department has always been the
receiver and keeper of applications, the involvement of the department has changed over the years
and we currently work very closely with the Police Department in the application process and
handling issues that arise with license holders.
Revisions to Chapter 6 have also been assumed by the Clerk's Department. This report is submitted
to the City Council as an endeavor to "revamp" the code, propose new licensing structures and
license types for the purpose of updating, enforcement and public safety purposes.
During the process of researching and study the chapter in depth, there were items found that have
not been in practice for several years. While nothing was found that varied greatly, attempts have
been made to reflect current procedures and clean -up conflicting processes and language.
Throughout the report State Statute references have been changed to reflect current State law.
Background
Over the years the city has seen changes in the types of establishments that apply for malt liquor,
strong beer, intoxicating and on -sale wine licenses. Specifically, we now have three establishments
that would fall under the category of "night club ". Given this, staff feels that it is the appropriate
time to propose additional license types such as an Entertainment License and a "local catering
permit, which is allowed by State Statute. Our licensed establishments vary from occupancy limits
of 85 to 4,400 and with that, public safety time and other staff time involved varies greatly.
Outlined below are the fees that are currently in place. You will also see that I have added proposed
license requirements and also am requesting consideration of increasing some of our existing fees.
In addition to the proposed permits and fees above, you will note in Sec. 6 -1721 have proposed
mandatory alcohol awareness training of employees authorized to serve or sell wine or liquor on any
licensed premise. If licensees have not complied with the requirement of alcohol awareness, they
will be in noncompliance of their license and assessed a fine at the discretion of the council. Proof
of training will be a part of the annual application process.
To assist in my studies, included in your report is information gathered from 17 cities "surveying"
various issues and how they are addressed.
Outside of cleaning up language in Chapter 6, efforts have been made to give the council
information in the survey to assist in proposed changes that staff is suggesting:
1. The city currently has nine off -sale liquor license holders. (See attached map.) By State Statue
the city can limit the number of off -sale licenses that it wishes to issue. The fee for off -sale licenses
($200) is set by State Statue. One issue that has been discussed by council is the distance
requirements of off -sale premises from existing churches and schools; the current code requirement
is 100 feet. In surveying other cities the distance varies from 100 to 1,000 feet. Currently, our
code requires 100 feet from an existing church or school and there are no distance requirements from
other off -sale premises. Staff is proposing our code be changed to reflect 500 feet from existing
churches and schools and 2,000 feet from an existing off -sale premise. If council approves the
distance requirement of 2,000 feet from an existing off -sale, there will be two license holders that
will be within the 2,000 foot requirement and will need to be grandfathered in to the new ordinance.
They are Maplewood Wine Cellar located at 1281 Frost Avenue and Lor's Liquor Store located at
1347 Frost Avenue. In the event that they sale their property, the property would not be eligible for
Current
Proposed
Fee
Fee/Increase
On -sale intoxicating liquor (occupancy 275 or less)
$6,995
$6,995
(occupancy 275 and more)
7,324
7,324
On -sale 3.2 % malt liquor
200
500
Off -sale 3.2% malt liquor
58
350
Off -sale - Fee set by State
200
200
Wine- Seating up to 25
1,400
2,000
— Max set by State
- each additional 10seats
135
-0-
Strong beer in conjunction with wine license
-0-
500
Sunday liquor - Fee set by State
200
200
Bottle clubs - Fee set by State
300
300
Outside Service Area (Patio License)
-0-
300
One Time Event (Was called Outside Event)
100
200
Entertainment License
-0-
300
Class A
500
Class B
2,500
Class C
2 :00 a.m. Closing Fee - Intoxication Liquor
500
200
up to $100,000
(Proposed adoption of State Fees based on gross receipts)
500
over $100,000
600
over $500,000
2 :00 a.m. Closing -3.2% Malt Liquor
-0-
200 -
Same as State fee
Local Catering License
-0-
250
— State fee is $500
In addition to the proposed permits and fees above, you will note in Sec. 6 -1721 have proposed
mandatory alcohol awareness training of employees authorized to serve or sell wine or liquor on any
licensed premise. If licensees have not complied with the requirement of alcohol awareness, they
will be in noncompliance of their license and assessed a fine at the discretion of the council. Proof
of training will be a part of the annual application process.
To assist in my studies, included in your report is information gathered from 17 cities "surveying"
various issues and how they are addressed.
Outside of cleaning up language in Chapter 6, efforts have been made to give the council
information in the survey to assist in proposed changes that staff is suggesting:
1. The city currently has nine off -sale liquor license holders. (See attached map.) By State Statue
the city can limit the number of off -sale licenses that it wishes to issue. The fee for off -sale licenses
($200) is set by State Statue. One issue that has been discussed by council is the distance
requirements of off -sale premises from existing churches and schools; the current code requirement
is 100 feet. In surveying other cities the distance varies from 100 to 1,000 feet. Currently, our
code requires 100 feet from an existing church or school and there are no distance requirements from
other off -sale premises. Staff is proposing our code be changed to reflect 500 feet from existing
churches and schools and 2,000 feet from an existing off -sale premise. If council approves the
distance requirement of 2,000 feet from an existing off -sale, there will be two license holders that
will be within the 2,000 foot requirement and will need to be grandfathered in to the new ordinance.
They are Maplewood Wine Cellar located at 1281 Frost Avenue and Lor's Liquor Store located at
1347 Frost Avenue. In the event that they sale their property, the property would not be eligible for
an off -sale intoxicating liquor license establishment.
Staff proposes the 2,440 feet from an existing off -sale for the purpose of assisting in "over
populating" any specific area. However, if council chooses to limit the number of licenses it wishes
to issue, this may be a moot point.
2. While this has not been proposed in the code revisions that are included in the report, the council
may choose to "revamp" intoxicating licenses into categories such as restaurants, taverns and
entertainment or nightclub establishments. If staff is given this direction, a license fee structure
would be proposed at a later date to reflect this direction accordingly. The survey included in your
report shows that the majority of the cities surveyed, outside of Minneapolis and St. Paul do not
have licenses categorized. However, as mentioned before, our city has three nightclubs which most
cities outside of Minneapolis and St. Paul do not have and we do have the largest "nightclub" in the
northwest area, the Myth Nightclub.
3. Given the above information, staff is proposing an Entertainment License that has three
categories and is suggested to identify activities of license holders offering varying types of
entertainment. Further, information regarding the license is outlined below in the code changes and
includes a section on consent of neighboring properties to prohibit interference of their reasonable
use and enjoyment of their residences. This is further outlined in Section 6 -133.
In addition, a temporary Entertainment License is proposed for those establishments that wish to
have up to three (3) "one -day" entertainment opportunities in a 12 month calendar year.
4. Currently the city has an on -sale 3.2% malt liquor license ($200) and an on -sale wine license
($1,040). Staff is proposing that if a licensee has a 3.2% malt liquor and an on -sale wine license
that they be permitted to also sale strong beer with an additional fee of $500 as is allowable in State
Statute 340A.404 Subd.5 (b), which follows:
The governing body of a municipality may by ordinance authorize a holden of an
on -sale wine license issued pursuant to paragraph (a) who is also licensed to sell
3.2 percent malt liquors at on -sale pursuant to section 340A. 411, and whose gross
receipts are at least 60 percent attributable to the sale of food, to sell intoxicating
malt liquors at on -sale without an additional license.
As you can see in the survey of other cities, the majority of the cities included do allow this.
5. State Statute permits intoxicating liquor license holders to apply for a State Catering Permit
which allows license holders to cater food and also to provide intoxicating liquor if requested. The
current code in Chapter 6 Section 6 -131 permits non - profits to do this. While the city does have
temporary licenses for malt liquor (3.2 %), intoxicating liquor and wine, staff is proposing a City
Catering License with a fee of $250. This will also assist the city to encourage non - profits to
collaborate with license holders that have a Catering license and an intoxicating liquor license to use
their services for events.
6. The city currently restricts non - profit organizations to two temporary licenses, (3.2 %, wine and
intoxicating liquor) per year. Staff is proposing this be increased to four. Although State Statutes
allow up to 12 days per calendar year (Statute referenced below) council could choose to allow
additional days than what is proposed. Records indicate that most temporary licenses are requested
by local churches. As the survey from other cities indicates, restrictions to these types of licenses
vary greatly. Staff is also proposing that these types of licenses, since they are so repetitive by the
same non - profits, be approved administratively by the City Manager or his designee and may be
forwarded to the city council for approval at his discretion.
Subd. 10. Temporrxjy licenses; restrictions.
A municipality may not issue 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, under section 340A.404,
subdivision 10, for the sale of alcoholic beverages to any one organization or registered political
committee, or for any one location, within a 12 -month period.
State Statute references throughout the proposed code revisions have been researched to ensure that
they reflect current state law.
Following are the proposed changes:
Sec. 6 -1 Proof of age for consumption, purchase or possession this section was expanded to reflect
documents acceptable for the purchase, possession and consumption of alcohol.
Sec. 6 -2 Misrepresentation of age to obtain alcoholic beverages; possession or consumption by
persons under 21 years of age - removed due to redundancy and is covered by Sec. 6 -1 and
the adoption of State law in Sec. 6 -8.
Sec. 6 -2 Discrimination by licensee - this section was moved from Sec. 6 -128 and applied to "In
General" to cover all license applicants, customers, members and guest of members for all
license types.
Sec. 6 -4 Keeping or visiting house for unlicensed sale or purchase o f intoxicating liquor — this is
covered in the adoption of the State Statute.
Sec. 6 -5
Now 6 -4
Sec. 6 -5 Fees and charges imposed and fixed by city council — clean up to reflect current practices and
verbiage added to state that all fees Now 6 -5 under this chapter shall be deposited into the
general fund.
Sec. 6 -6 Age to deliver, sell, serve or vend - this was removed from Sec. 6 -39 and Sec. 6 -109 and
moved to "In General" to cover all types of licenses.
Sec. 6 -7 Adoption of State law - This language was set forth to formally adopt the provisions of
Minnesota State Statute Chapter 340A, the State code pertaining to malt liquor, wine, and
intoxicating liquor licenses.
Sec. 6 -37(b) Hours of sales and consumption — changes were made to reflect changes in State Statute and
city code for hours of on -sale intoxicating liquor licenses in September 2403. This change
was submitted and approved by the city council for "bars" only.
In reviewing Statute 340A.504 Subd. 6 states, "a municipality may further limit the hours of
sale of alcoholic beverages, provided that further restricted hours must apply equally to sales
of 3.2 percent malt liquor and intoxicating liquor." Changes were made to the current code
to reflect 2:00 a.m. closing for establishments that have 3.2% malt licenses.
Sec. 6 -38 Sale to, consumption by procuring for persons under 21 years - removed from this section
and moved to Sec. 6 -6.
Sec. 6 -39 Age to deliver, sell, serve or vend removed from this section and moved to Sec. 6 -7.
Sec. 6 -67(2) Required to sell at retail; types of licenses this portion was removed due to redundancy and
included in Sec. 6 -6, "and the license fee is fixed by the city council and paid to the city."
Sec. 6- 69(c)(d) Ineligible premises - current code reads establishments that hold a 3.2 percent malt liquor
license may not be issued a license if located within 100 feet of a church or school building.
This was increased to 500 feet. The distance is to be measured from the main entrance of the
licensed premises to the nearest property line of the church or school.
Sec. 6 -69(e) Added a statement to reflect that distance requirements in the section do not apply to
temporary licenses.
Sec. 6 -70 Duration — Changed license period to reflect issuance is for a calendar year from January I to
December 31.
Sec. 6 -71 Notice to city council of stock transfers and change in officers of corporate holders the need
to notify the "council" of stock transfers and change in corporate officers has been changed to
the need of license holder to notify the "city ".
Sec. 6 -73 Notice to council o f conviction o f licensee of violation of article — language clean up
Sec. 6 -74(a) (b) Application and approval - staff is requesting council consideration to allow 3.2 percent malt
liquor licenses be approved administratively. Applicants will be required to meet with the
police chief to discuss measures to eliminate the sale of alcohol to underage persons, general
security, retail crime issues and the applicable city ordinances.
After review of the chief, applications are approved administratively by the city manager or
his designee, and may be forwarded to the city council for approval at the discretion of the
city manager.
Sec. 6 -75 Payment of fee - removed due to redundancy, is covered "In General" in Sec. 6 -6
Sec. 6 -76
Now 6 -75
Sec. 6 -77 Recommendations and reports to city council; grant or denial- removed per requested
Now 6 -76 consideration of code change in Sec. 6 -74 (b)
Sec. 6 -109 Age ofperson to deliver, sell, serve or vend Removed due to redundancy, covered "In
General" in Sec. 6 -7.
Sec. 6 -112 Drinking in public place and outside events - Currently the city allows one "one- time" event
to intoxicating license holders and requires a fee of $100. Staff is proposing renaming "one-
time" events "outside events" and increasing the number to two allowable within a calendar
year. (Proposed fee is $200)
Council approved "one -time" events for intoxicating license holders in 1996. The application
is approved by the City Manager or his designee or forwarded to the council for approval at
his discretion. License holders have used this opportunity to hold events varying from boxing
cards, pig roasts to fund raisers. Staff is proposing the increase to two events per calendar
year and a fee of $200 to the applicant. This fee is proposed to cover staff time to meet with
event organizers regarding public safety measures and inspection costs.
Sec. 6- 116(al) Hours of sale — added language to reflect current procedures
Sec. 6- 116(b2) Hours of sale — clean up date.
Sec. 6- 117(b) Persons eligible for issuance of licenses — Proposed requirement for licensed establishments
to provide a statement by a certified public accountant showing total annual gross sales of at
least 60% gross sales in non - liquor related items.
Exception to this requirement is "bowling centers" that can include in their 60% gross profits
receipts for the following sales: vending machine, bowling equipment, arcade games and
billiards.
Additionally, intoxicating liquor license holders that have a Class C Entertain License are
exempt from maintaining 60% gross sales in non - liquor related items.
Sec. 6- 118(b) Persons ineligible for issuance of license — clarification of language added.
Sec.6- 119(a) Investigations of on -sale applicants for issuance, transfer or renewal license - language to
remove "transfer" of licenses since city practice has been not to permit the transference of
licenses. Also to clean up language to reflect current practices.
Sec. 6- 119(b) Clean up language.
Sec. 6- 119(c) Removed due to redundancy, is covered "In General" in Sec. 6 -6
Sec. 6- 126(b)(c) Language stricken in Sec. 6- 126(b) and more thoroughly covered in language added in
Section 6- 126(c). While this language seems "strong" staff feels it is imperative to be very
clear and direct that the consequences of violation of this section is unlawful and shall be
cause for revocation of the license.
Sec. 6 -128 Discrimination by licensee - this section was moved from Sec. 6 -128 and applied to "In
General" to cover all license applicants, customers, members and guest of members for all
license types.
Sec. 6 -129 Transfer of license; transfer of corporate stock; change of corporate officers. The need to
notify the "council" of stock transfers and change in corporate officers has been changed to
the need of license holder to notify the "city ".
Sec. 6 -130 Suspension or revocation of licenses — Language removed and added to reflect current
practices and State law regarding the imposition of penalties for numerous violations.
Sec.6 -131 Temporary liquor licenses for nonprofit organizations - Change made to reflect an increase
from two to four for temporary liquor licenses for nonprofit organizations.
Sec. 6- 132(4) Application for temporary liquor license - Language added to allow for approval for
temporary licenses to be approved by the city manager or his designee or forwarded to the
city council for approval at his discretion.
Sec. 6 -133 & Entertainment license in conjunction with an on -sale wine, intoxicating liquor or malt liquor
Sec. 6 -134 license - this section is added to propose an Entertainment License for those establishments
that provide music in various forms, have stage shows, dancing and entertainment performers.
The license is proposed in three Classes as follow:
Class A -- Amplified or nonamplified music and /or singing by performers without limitation
as to number, and group singing participated in by patrons of the establishment. (Proposed
annual fee is $300)
Class B -- All activities allowed in Class A, plus dancing by patrons to live, taped or
electronically produced music, stage shows, theater, and contests. In all of the activities in
Classes A and B, all of the participants, including patrons, shall be fully clothed at all times.
(Proposed annual fee is $500)
Class C -- All activities allowed in Classes A and B, plus performance by male or female
performers without limitation as to number, where clothing is minimal but in compliance with
Sec. 6 -126 (c) of this Chapter. (Proposed annual fee is $2,500)
Included in this addition to the code is a section on consent of neighboring properties.
Of the 28 intoxicating liquor license establishments that vary from occupancy limits of 85 to
4,400 (see chart below), 16 are considered restaurants that serve alcohol. Two are
categorized as miscellaneous entertainment: AMF Maplewood Lanes and Goodrich Golf
Course and the remaining ten would fall under "bar" or "nightclub" type venues.
Bar or
Nightclub
Occupancy
Limit
5 -8 Club
200
Acapulco
219
A lebee's
155
Best Western
335
Bleechers
107
Broadway Pizza
260
Buffalo Wild Wins
270
Chalet Tavern
85
Chains
384
Chili's
174
Chi otle
99
Dean's
148
Garri 's
200
Goodrich Golf
109
Guldens
390
Hue 's Saloon
110
Keller Golf
0
Maplewood Bowl
475
MCC-Suzanne's
350
Myth Nightclub
4400
Noodles
86
Olive Garden
308
Outback Steak House
340
Red Lobster
250
Star ate Nightclub
700
The Bird Nightclub
d
299
The Rock
464
TGE Fridays
302
Sec. 6 -162
Sec. 6 -163
Sec. 6- 165(a)
The entertainment license has been created to identify activities of these establishments
offering varying types of entertainment.
In addition, a temporary license will be made available for those establishments that wish to
have up to three (3) "one -day" entertainment opportunities. Staff is proposing a fee of $100
for these events and will be subject to review by the police chief and if deemed necessary the
fire marshal for a public safety inspection. Staff further proposes that this license be
approved administratively by the city manager or his designee and will be forward to the city
council for approval if the city manager deems it necessary.
Amount offees - removed due to redundancy, covered "In General" in Sec. 6 -6.
Sunday sales licenses of on -sale licensees — clean up to reflect State Statute and city code.
Investigation of applicant; inspection of premises; council hearing; grant or denial — clean up
language for clearer direction.
Sec. 6- 166(b)(c) Surrender of on -sale 3.2 percent malt beverage license before issuance of off sale
intoxicating liquor license; state approval Qf bonds — clean up language to reflect current
practices.
Sec. 6 -167 Affect of denial — clean up language.
Sec. 6 -169 Ineligibility of certain premises clean up language and changes to reflect a proposed
increase from 100 feet to 500 feet distance requirements from churches and schools.
Sec. 6- 169(c) Language added to reflect staff proposal to restrict off -sale licenses to be issued to off -sale
premises located 2,000 from an existing off -sale license holder.
Sec. 6 -172 Alcohol Awareness Training — Staff is proposing mandatory alcohol awareness training within
6 months of the initial issuance of a new on -sale, off -sale or wine license. Also, within 3
months of a new hire, employees are required to complete an alcohol awareness program
approved by the police chief Finally, a requirement to complete alcohol awareness training
annually by all employees that serve or sell alcoholic beverages on licensed premises is
required. This information will be required as a part of the annual renewal of licenses. If
licensees have not complied with the requirement of alcohol awareness, they will be in
noncompliance of their license and assessed a fine at the discretion of the council.
Sec. 6 -193 Discrimination by licensee - this section was moved from Sec. 6 -128 and applied to "In
General" to cover all license applicants, customers, members and guest of members for all
license types.
Sec. 6 -194 Fees and application - Amount of fees language clean up
Now 6 -193
Sect. 6 -195
Now 6 -194
Sec. 6 -225 Fee and application - " application" was added to reflect the content of the section.
Sec. 6 -227 Determination and Disposition of fees - removed due to redundancy, covered "In General" in
Sec. 6 -6.
Sec. 6 -228 Hours of sale — removed due to redundancy, covered in Article III, Division 1 — Section 6 -116
Sec. 6 -229 Sale of intoxicating malt liquors with a wine license and 3.2 percent malt liquor license -
Now 6 -227 staff is proposing that a holder of a wine license and a 3.2 percent malt liquor license be
permitted to sell strong been without a additional license but with an additional fee of $500.
Sec. 6 -230
Now 6 -229
Sec. 6 -252 Application - Language added to allow for approval for temporary licenses to be approved by
the city manager or his designee or forwarded to the city council for approval at his discretion.
Division 5, pertaining to the Maplewood Community Center will be brought to the city council at a
later date for council consideration.
Any proposed increase in fees would require notification of the license holders and a public hearing.
Consideration
Staff is requesting review of Chapter 6 proposed revisions with direction on how to proceed for first
reading of the ordinance. Additionally, staff is requesting direction on proposed application
processes, license changes and proposed fees.
Chapter 6
ALCOHOLIC) BEVERA
Article 1. In General
Sec. 6 Proof of age for consumption, purchase or possession.
Sec, 6-2. o f age + .1,� x „ 4 " ,4 , <, - -,
..b s . b —
Sec. 6-44. Drinking on public streets, lanes or alleys or while trespassing on private
property.
Sec. 6 - 65. Fees and charges imposed and fixed by city council.
Sec 6.6 Age to deliver, se]1, serve or vent.
Sec.6, r Adoration of State law.
Secs. 6 - 7 8 -6 - 35. Reserved.
Article II. 3.2 Percent Malt Liquors
Division 1. Generally
Sec. 6 - 36. Definitions.
Sec. 6 - 37. Hours of sale and consumption.
Sec. 6 - 38. Sale to, consumption by, procuring for persons under 21 years.
; I I - I I — '- �' Te - n �'
Secs. 6-4443.9-6-65. Reserved.
Division 2. Licenses
Sec. 6 - 66. Persons eligible to be issued licenses.
Sec. 6 - 67. Required to sell at retail; types of licenses.
Sec. 6 - 68. Ineligible persons.
Sec. 6 - 69. Ineligible premises.
Sec. 6 Duration.
Sec. 6 - 71. Notice to city eouned o f stock transfers and change in officers of corporate-holders.
Sec. 6 - 72. Unlawful possession of intoxicating liquor on licensed premises.
Sec. 6 - 73. Notice to council of conviction of licensee of violation of article.
Sec. 6 - 74. Application and administrative ap 3r�1
Sec. 6-75 Pst, „r e • f
Sec. 6 - 76. Inspections of premises.
Sec.
Secs. 6-741 —6 - 105. Reserved.
Article III. Intoxicating Liquors
Division 1. Generally
MAPLEWOOD CODE
Sec. 6-106, Definitions
Sec. 6 Inapplicability.
Sec. 6 Unlawful sale, furnishing or delivery to certain persons.
` tie= 6 ' ge of p fsofl to (44i�ser, ,., ,,,.,,, OF .,,,n4. Il, €yserved.
Sec. 6 Sales to be in public view.
Sec. 6 - 111. Sales made where prohibited.
Sec. 6 Drinking in public place outside events.
Sec. 6 License required.
Sec. 6 Tax stamps or labels on containers.
Sec. 6 - 11:x. Retail sale f beverage purposes of ethyl alcohol or neutral spirits.
Sec. 6 Hours of sale.
Sec. 6 - 117. Persons eligible for issuance of licenses statement of dross sales
Sec. 6 Persons ineligible for issuance of license.
Sec. 6 Investigations of on - sale applicants for issuance, transfer or renewal of license.
Sec. 6 Location restrictions.
Sec. 6 - 121. Denial of license to person in connection with premises of another.
Sec. 6 - 122. One license for any one person or premises: possession of interest: in more
than one license.
Sec. 6 Posting of licenses.
Sec. 6 Licenses for drugstores.
Sec. 6 Issuance of federal permit as condition to license issuance.
Sec. 6 Responsibilities of licensee for place of business: gambling, prostitution or
disorderly conduct; age requirements for employees.
Sec. 6 Operation of coin amusement devices by minors in barrooms.
� f?i c 67c El;
i 1, , elki ,:'. Reserved,
Sec. 6 Transfer of license; transfer of corporate stock; change of corporate officers.
Sec. 6 Suspension or revocation of licenses.
Sec. 6 Temporary intoxicating liquor licenses for nonprofit organizations.
Sec. 6 Application for temporary hitoxicat..in> liquor hcenso. administr
approval
Sec. 6 - 133 Entertainment License in conIunction with an oii - s2dc wine, int,oxicatmLr li{ 1 1fir or
malt liquor license.
Sec. 6 Entertainment license classifications.
Secs. 6 6 Reserved.
Division 2. On - Sale and Off - Sale Licenses
Subdivision I. In General
Sec. 6 - 161. Established.
; ,,4+ , r , ,, . Reserved.
Sec. 6 - 163. Sunday sales licenses for on - sale licensees.
Sec. 6 Application; payment of fee.
Sec. 6 Investigation of applicant; inspection of premises; council hearing; grant or
denial.
Sec. 6 - 166. Surrender of on - sale 3.2 percent malt beverage license before issuance of
off intoxicating liquor license; state approval of bonds.
Sec. 6 Effect of denial.
Sec. 6 Bond.
Sec. 6 Ineligibility of certain premises.
Sec. 6-170. Duration.
Sec. 6-171 . Extent of licensed premises.
Sec. 6 - 172 Alcohol Awareness Training
Secs. 6 17 -23 -6 - 190. Reserved.
Subdivision 11. Special Club Licenses
Sec. 6 - 191. Issuance.
Sec, 6 - 192. Sales limited to members only.
6 P9, D H tiO R h=, ke
n V; nz,
Sec. 6 1943. Fee and application..
Sec. 6 - 1944. Applicability of other sections.
Secs. 6 1945 -6 - 220. Reserved.
Division 3. On - Sale Wine Licenses
Subdivision 1. In General
Sec. 6-221. Definitions.
Sec. 6
6 -222. R
Required'- exceptions.
Sec. 6
6-22"t. I
Issuance only to restaurants.
Sec. 6
6 N
Number unlimited.
Sec. 6
6-22. F
Fees: and apL)lication
Sec. 6
6-226. A
Approval by state.
Sec. 6 ' Sale of intoxicatin a malt liouors with an on wine license
Sec. 6-228 Duration
Secs. 6 229 -6 - 250. Reserved.
Subdivision 11. Temporary Wine Licenses
Sec. 6 -251. Issuance to nonprofit organizations.
Sec. 6 Application and approval of license
Sec. 6 Applicability of division 4 of article.
Secs. 6 254 -6 - 280. Reserved.
Division 4. Bottle Clubs
Sec.
6-281.
Definitions.
Sec.
6 -252.
Storage and labeling requirements for intoxicating liquors; age requirement
to store, consume, display intoxicating liquor.
Sec.
6
State permit.
Sec.
6 - 284.
Annual license fee.
Sec.
6 - 285.
Hours of consumption or display of intoxicating liquor.
Sec.
6
Inspections.
Sec.
6
Restrictions on permit approval by council.
Sec.
6
Inapplicability of division.
Sec.
6-289.
Violations.
Sec
6 -290
Seizure and disposal of intoxicating liquor sold, served or displayed in
violation of division.
Secs. 6 6 Reserved.
Division 5. Maplewood Community Center
Sec, 6 - 316. Sale of intoxicating liquors.
Sec. 6 Wine licenses.
Sec, 6 Wine, 3.2 percent malt liquor and intoxicating liquor.
State law referent Similar I wovisions, Minn. Stats, -340-A,503,subd,6
------------- §
21-years-of-qge,
See. 6-2. Discrimination by licensee.
(a) It is unlawful for a licensee under this subdivision to discriminate-.a 3.i.nst.itsmembers,, s.
.gL guest.of.member,
customers or employees on the basis of race, creed, color. religion. national origin, sex or disability,
(b) It is unlawful for a licensoo under this subdivision to use a membershi[) aplAication form contairlin Li
g I _
color -roligiion -national ori sox or disability or to make any rocord of inquiry
- L(4n � -. -
about race. crood. color, religion. national origin. sox or disability in connection with an al)IJiLation for
employniont or membership, (Codo 1982, § .5
State law referent e—:similar -I)rovision,,,--N/linn,-�it,at,s,-I-.,'140,4
(4)flSuffi(� it, at ii pbiee
o0ier- than the heuseheld
of the pef'sen's
pafe t or-
40iiso4old t4lo
t4e
IiaB ((,o(4e
4P89
of povsoiq's
par-ent or- g+mi4iin
an(4 W44
O'eBsent, o�t4e par-ent,
op
See. 6-2. Discrimination by licensee.
(a) It is unlawful for a licensee under this subdivision to discriminate-.a 3.i.nst.itsmembers,, s.
.gL guest.of.member,
customers or employees on the basis of race, creed, color. religion. national origin, sex or disability,
(b) It is unlawful for a licensoo under this subdivision to use a membershi[) aplAication form contairlin Li
g I _
color -roligiion -national ori sox or disability or to make any rocord of inquiry
- L(4n � -. -
about race. crood. color, religion. national origin. sox or disability in connection with an al)IJiLation for
employniont or membership, (Codo 1982, § .5
State law referent e—:similar -I)rovision,,,--N/linn,-�it,at,s,-I-.,'140,4
Sec. 6-3. Licensee's responsibility for acts of employees.
(a) Any act by a clerk, barkeeper, agent, or employee of a licensee under this chapter, in violation of this
chapter, is deemed the act of the employer and licensee of such place as well as that of the clerk, barkeeper,
agent, or employee, and every such employer and licensee is liable for all the penalties provided for the
violation equally with the clerk, barkeeper, agent, or employee, except for felonies of manufacture, transport,
import or sale /gift of poisonous alcohol. Sale of an alcoholic beverage without a license is a gross misdemeanor.
(b) Any sale of intoxicating liquor by a clerk, barkeeper, agent, or employee made in or from a place licensed
under this chapter to sell 3.2 percent malt liquor, but not licensed to sell intoxicating liquor, is deemed the act
of the employer and licensee, as well as that of the person actually making the sale, and every such employer
and licensee of such place is liable for all the penalties provided for such sale equally with the person actually
making the sale, except for felonies of manufacture, transport, import or sale /gift of poisonous alcohol. Sale of
an alcoholic beverage without a license is a gross misdemeanor. (Code 1982, § 5 - 3)
Sec. 6 Drinking on public streets, lanes or alleys or while trespassing on private property.
Except as authorized in section 6 - 112, no person shall, upon the public streets, lanes or alleys of the city or
being a trespasser upon the private premises of another, drink beer or intoxicating liquor. (Code 1982, § 5 - 5)
Sec. 6 Fees and charges imposed and fixed by city council.
Unless expressly provided for in this chapter, the amount of any license, permit, inIiaien, �., fee or
charge required to be paid by this chapter shall be in such amount as may be imposed, set, established and
fixed by the city council =r ri*�ti�n�� �� ins, from time to time. Intoxicating liquor license fees may be paid in two
equal installments on January 1 and June 15. All fees under t his chapter shall be dej)osiied into the eneral
fund of the city.
(Code 1982, § 5 - 6)
Sec. 6 - 6 Age to deliver, sell, serve or vend.
( {O It is unlawful for a licensee under this article or the licensee's agent; or emplovee to allow aI erson
under the age of 18 years to deliver. sell. serve or vend any 3.2 malt liquor or any intoxicating liquor to
La tin the city,
(l�) It is unlawful Itfr a�erst>n under the a� e of 18 years to deliver, sell, see ve or vend any intoxicating
liquor to a person in the city. (( 1982 § 5
State law reference — Similar provisions, Minn, State § 340AA 12, Subd. 10.
.
�2�
Visit house tio
iiitoiiieating liqiiei the
stieli or- place pur-ehase
or- eenst-tfne sn�f sold eii
Sec. 6 Drinking on public streets, lanes or alleys or while trespassing on private property.
Except as authorized in section 6 - 112, no person shall, upon the public streets, lanes or alleys of the city or
being a trespasser upon the private premises of another, drink beer or intoxicating liquor. (Code 1982, § 5 - 5)
Sec. 6 Fees and charges imposed and fixed by city council.
Unless expressly provided for in this chapter, the amount of any license, permit, inIiaien, �., fee or
charge required to be paid by this chapter shall be in such amount as may be imposed, set, established and
fixed by the city council =r ri*�ti�n�� �� ins, from time to time. Intoxicating liquor license fees may be paid in two
equal installments on January 1 and June 15. All fees under t his chapter shall be dej)osiied into the eneral
fund of the city.
(Code 1982, § 5 - 6)
Sec. 6 - 6 Age to deliver, sell, serve or vend.
( {O It is unlawful for a licensee under this article or the licensee's agent; or emplovee to allow aI erson
under the age of 18 years to deliver. sell. serve or vend any 3.2 malt liquor or any intoxicating liquor to
La tin the city,
(l�) It is unlawful Itfr a�erst>n under the a� e of 18 years to deliver, sell, see ve or vend any intoxicating
liquor to a person in the city. (( 1982 § 5
State law reference — Similar provisions, Minn, State § 340AA 12, Subd. 10.
Sec. 6-7 Adoption of State law.
Exce >t to the extent; the provisions of this cha ;ter {ire, more restrictive. the wovisions of 1\41nnesoto State
Chapter 340A. relating to the definition of t €arms. licensing, consumption. sales hours of sale and all other
matters ��ertainin� to the retf�il sale, c{istribution and consu ption of intoxicating liquor. whle and 3.2 malt
liquor are adopted and made a part of this chapter as if set out in full.
Secs. 6 5 -6 Reserved.
DIVISION 1. GENERALLY
Sec. 6-36. Definitions.
The following words, terms and phrases, when used in this article, 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 alcohol by volume.
Bona fide club means an organization organized for social purposes, for business purposes, for intellectual
improvement, or for the promotion of sports where the serving of 3.2 percent malt liquor is incidental to and
not the main purpose of the club.
Intoxicatingliquor and liquor mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt
beverages containing more than 3.2 percent of alcohol by weight.
Off-sale means the sale of 3.2 percent malt liquor for consumption off the premises only.
Berson includes any individual, partnership, association, trust, institution, corporation, or municipality,
and includes also a municipal liquor store.
Sale, sell, and purchase include all barters, exchanges, gifts, sales, purchases and other means used to
obtain or furnish liquor as above described, directly or indirectly, in violation or evasion of this article, but
does not include sales by state license liquor wholesalers selling to licensed retailers.
3.2 percent malt, liquor means malt liquor containing not less than one -half of one percent of alcohol by
volume and no more than 3.2 percent of alcohol by weight. (Code 1982, § 5 -21)
State law reference—Similar provisions, Minn. Stats. §§ 340A.101, r% -;4ASubd -719.
Sec. 6-37. Hours of sale and consumption.
(a) No 3.2 percent malt liquor shall be sold in the city between 4200 a.m. and 12 =00 noon on Sundays.
(b) No on -sale licensee shall permit 32 percent malt liquor to be consumed on the licensed premises during
the hours when the sale thereof is prohibited by this section; provided, however, that the licensee shall be
allowed a 30- minute period following the 3-2:00 a.m. closing hour to clear the premises of customers who are
on the premises at 42 =00 a.m., and such customers during that time may consume 3.2 percent malt liquor
beverages purchased by them before 4-2 =00 a.m. 2e 4e,4 � lNlinn. Stats'340, .50f1 Subd 6
State law reference Sales of nonintoxicating malt liquor, closing hours, Minn. Stats. § 340A.504. 1 &
IN
tc3t a' -s .
rsa 14, 1.
�44 Person under the age of'24 -Years 1,0 claim W be 21 vear-S OF older 40 the pHrpE)
44 Person under- the age (424 years 1,o eonsinne any 3,2 pereent inah, liquor unless in the
eonipany of t io n4 ,-,t o gesi p(leos
8 p
dgUoN the l,.,z,. ,
the
M o se d
tc3t a' -s .
rsa 14, 1.
�44 Person under the age of'24 -Years 1,0 claim W be 21 vear-S OF older 40 the pHrpE)
44 Person under- the age (424 years 1,o eonsinne any 3,2 pereent inah, liquor unless in the
eonipany of t io n4 ,-,t o gesi p(leos
7
4 (fe !P(62
C»c czc�
s---penson 44 the eity, Weds 4P82 5-24)
Secs. 6 - 6 - 65. Reserved.
DIVISION 2. LICENSES*
See. 6 Persons eligible to be issued licenses.
1 license required under this division may be issued only to a person who is a citizen of the United States
or a resident alien and who is of good moral character and repute, who has attained the age of 21 years and
who is the manager of the establishment for which the license is issued. If a corporation or partnership is the
owner of the establishment, the license shall then be issued to the primary and acting manager of the
establishment and the designated corporate officer or for a partnership a designated partner. The corporation
or partnership which is the owner of an establishment shall notify the city within 48 hours if the person
licensed as the primary and acting manager of the establishment can no longer perform the duties of a
primary and acting manager. This includes but is not limited to reassignment, termination, or demotion. The
corporation or partnership shall immediately have the new primary and acting manager apply for a license.
(Code 1982, § 5 -35}
than the household
the
4 thiin tbe
place other
of' per-son's
parent OF
g3:H+F(4aR, R!, a pla(*� OtbeF
{
th th k of th r
f,t
o gua izfban ,
7
4 (fe !P(62
C»c czc�
s---penson 44 the eity, Weds 4P82 5-24)
Secs. 6 - 6 - 65. Reserved.
DIVISION 2. LICENSES*
See. 6 Persons eligible to be issued licenses.
1 license required under this division may be issued only to a person who is a citizen of the United States
or a resident alien and who is of good moral character and repute, who has attained the age of 21 years and
who is the manager of the establishment for which the license is issued. If a corporation or partnership is the
owner of the establishment, the license shall then be issued to the primary and acting manager of the
establishment and the designated corporate officer or for a partnership a designated partner. The corporation
or partnership which is the owner of an establishment shall notify the city within 48 hours if the person
licensed as the primary and acting manager of the establishment can no longer perform the duties of a
primary and acting manager. This includes but is not limited to reassignment, termination, or demotion. The
corporation or partnership shall immediately have the new primary and acting manager apply for a license.
(Code 1982, § 5 -35}
Sec. 6 - 67. Required to sell at retail; types of licenses.
Except as provided in this section, it is unlawful to sell 3.2 percent malt liquors at retail in the city except
when licensed under this division. , , Three tvpes of licenses are issued for the sale of 3.2 percent
malt liquors as follows:
(1) An nual on - sale license permits the licensee to sell 32 percent malt liquors for consumption on the
licensed premises, and the license fee is fixed by the city council and paid to the city. On - sale licenses
are granted only to drugstores, restaurants, hotels, bona fide clubs, and establishments for the sale of
3.2 percent malt beverages and soft drinks at retail. A club or charitable, religious, or nonprofit
organization may be issued a temporary on - sale license for the sale of 3.2 percent malt liquor on and
off school grounds and in and out of schoolhouses and school buildings. Temporary licenses are subject
to such terms, including a license fee, as the city council prescribes.
Tempomry :3.2 percent malt liquor licenses for non-profit organizations may be al)proyed by the city
manager {)r his deslt:Ilee and Inav k)e forwarded t {) the city council for approval at. his disci °etI {)n,
Appli cant is required to meet with the 1)ohce chief to discuss measures to eliminate the sale of alcohol
to Undera)v erson. general security and the city ordinances t- wrtaining to this article. The clerk will
also forward to application to the fire marshal for inspection of the 1womises where applicable,
State law reference — Similar provisions, Minn. Stats. ch. 340A.
(2) Annual o ff - sale licenses permit the licensee to sell 3.2 percent: malt: liquors in the original packages
for consumption off the premises only,
(Code 1982, § 5 - 36)
(a) No license required under this division may be issued to a person who has had an intoxicating liquor or
nonintoxicating liquor license revoked within five years of the License application.
(b) In addition, no new license may be issued to and the city council may refuse to renew the license of a
person who, within five years of the license application, has been convicted of a willful violation of a federal or
state lam- or a local ordinance governing the manufacture, sale, distribution, or possession for sale or
distribution of an alcoholic beverage or of a felony crime. (Code 1982, § 5 - 37)
State law reference -- Similar provisions, Minn. Scats. § 340AA 301 Subd, 4
Sec. 6 Ineligible premises.
(a) No on - sale or off - sale 3.2 percent. ]Halt beverage license may be issued under this division to premises
Licensed as a motor fuel station, internal motor fuel station, major motor fuel station or truck stop, as defined
in section 44 -512.
(b) No 3.2 percent malt liquor license may be issued under this division for premises located within an area
wherein such use of the premises is prohibited by chapter 44, which pertains to zoning, nor within an area
where such sales are forbidden by state law or any other ordinance of the city.
(c) No on license may be issued under this division for premises located within 440 500 feet of a church or
school building located in the city, and no off - sale license shall be issued for premises located within 444 500
feet of a church or school building. The distance is to be measured from the main entrance of the licensed
premises to the nearest property line of the church or school.
(d) Exemption. The 444,500 - foot spacing requirement noted in subsection (c) of this section shall not apply if
the on - sale or off - sale liquor establishment is in operation before the influx of the church or school in the
neighborhood or if the existing establishment: proposes to expand its facility. (Code 1982, § 5 - 38; Ord. No.
807A, § 1, 1 - 21 - 2000)
(e) Distance restrictions in this section do not analy to temporary hauor licenses.
Sec. 6 Duration.
Except for a temporary on license issued under this division all licenses issued under this division run
for a calendar year from lanuary 1 . If issued for a shorter period than one year, the license fee shall be
prorated on a quarterly basis. (Code 1982, § 5 - 39)
State law reference Similar provisions, Minn. Stats. § 340A_301, =,,� 5.
Sec. 6-71. Notice to city cA4-�-4e-il-of stock transfers and change in officers of corporate holders.
No corporation to which a license has been granted under this division may transfer any stock in such
corporation without t4ie eonsent of notification to the e€ nneil city It is the duty of the officers of a corporation
holding a license issued under this division to notify the 4 city of any proposed sale or transfer of any
stock in such corporation, and no such sale or transfer of any stock shall be effective without the knowledge
of the f nfil cit-c- The transfer of any stock without the knowledge of the c- i-1 city
shall be deemed sufficient cause for revocation by the city council of a license granted to such corporation
under this division or any other licensing ordinance of the city under which such corporation has received a
license from the city. Such corporation officers shall also notify the en=il city whenever any change is made
in the officers of any such corporation, and the failure to so notify the 4 u city- shall likewise be sufficient
cause for revocation of a license issued to such corporation. (Code 1982, § 5 - 40)
Sec. 6 - 72. Unlawful possession of intoxicating liquor on licensed premises.
It is unlawful for a person licensed under this division, but not licensed to sell 32 percent malt liquor and
intoxicating liquor, or for any of the person's agents or employees to possess on premises Licensed under this
division intoxicating liquor, as defined in Minn. Stats. § 340A.101, the purpose of consumption by anyone.
(Code 1982, § 5 - 41)
Sec. 6 Notice to council of conviction of licensee of violation of article.
It is the duty of the police e department to notify the council whenever a person licensed under this
division is convicted of a violation of this article. Such conviction shall be deemed sufficient +�4444 reason for
the council to revoke a license issued to such convicted person under this division. (Code 1982, § 5-42)
Sec. 6 - 74. Application.
(a) A person seeking a license under this division must apply to the city ry far the license by filing a
written application with the city clerk. The city clerk must present the application to the city ,,emlei police
chief for r eviow and to meet with the ap1dicant to discuss measures to eliminate the sale of alcohol to
U is article The
clerk will also forward the agt)licant information to the community development det)artment for zoning review
and to the lire marshal f {)r nzs))ect;I {)n {)f the premises GVhere ap))hcable. An application must contain the
followings
(1) The applicant's full name, date of birth and place of residence.
(2) The exact location of the place at which the applicant proposes to sell 3.2 percent malt liquors.
(3) Whether the applicant has ever previously been engaged in the business of selling 3.2 percent malt
liquors or in the business of selling foodstuffs in the cite, and if so when and where.
(4) The signature of the applicant or of an officer of a club seeking a license or of an officer of a
corporation seeking a license.
(Uoh) (l..
be r-egistered in a bOOk Of fVgist'ration kept in t he e4y elerk's office fer- that purpo.se, �loweyer. the clerk ss,+�y
paysnent; of the re(jit: red keense fee, td'r de 1 P82, ; -U) Licenses for e3.2 z)ercent mall bgoors are atMroved
administratively by the city manager or his designee and may be f orw arded to the city council for approval at
the discretion of the city manager.
See. 6 Vayow+q Offeet.
UpOR the fd44,- OfHP kppliektion for the issuance ofa license under- this division� Che applieant Faust pay
Sec. 6 Inspections of premises.
The applicant: for a license under this division must permit the appropriate officers of the city. as well as
representatives of the police and fire departments, to inspect and examine the place of business described in
the application, together with all the appliances and instruments used or to be used in the transaction of the
business for which the license is sought. A refusal by the applicant to permit any such inspection shall be
deemed as sufficient grounds for the council to refuse to issue the license applied for. (Code 1982. § 5 - 45)
Aft'er- the filing
ofan application r,
cler
depa T he
We
t „
eounc sh cons
appkea a nd
Secs. 6-786 -6 -105. Reserved.
ARTICLE III. INTOXICATING LIQUORS'
DIVISION 1. GENERALLY
Sec. 6 - 106. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Club means an incorporated organization organized under the laws of the state for civic, fraternal, social, or
business purposes; for intellectual improvement; or for the promotion of sports, or a congressionally chartered
veterans' organization, which:
(1) Has more than 50 members.
(2) 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.
(3) Is directed by a board of directors, executive committee, or other similar body chosen by the members
at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the
distribution or sale of beverages to the members of the club or their guests, beyond a reasonable salary or
wage fixed and voted each year by the governing body.
Intoxicating liquor and liquor mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt
beverages containing more than 3.2 percent of alcohol by weight.
Limitscl «fl =salo means the sale of vinous or malt liquor in retail stores and in original packages containing
not less than 3.2 percent alcohol or four percent by volume and not more than 24 percent of alcohol by volume
for consumption off the premises where sold.
011 '-sale means the sale of liquor in original packages in retail stores for consumption off the premises
where sold.
On - sale means the sale of liquor by the glass or by the drink for consumption on the premises only
pursuant to such regulations as the state commissioner of public safety may prescribe.
Package and ariginal package mean a corked or sealed container holding liquor.
Restaurant means an establishment, other than a hotel, under the control of a single proprietor or
manager, where meals are regularly served at tables to the general public, and which has seating capacity for
not less than 30 guests.
Sale, sell and sold mean all barters and all manner: or means of furnishing intoxicating liquor, including
such furnishing in violation or evasion of law. (Code 1982, § 5 - 61)
State law reference Similar defjnitions, Minn. Stats. ch. 340A.
State law reference Intoxicating Liquor Act, Minn. Stats. ch. 340A.
Sec. 6-107. Inapplicability.
This article does not apply to the following
(1) Persons issued licenses by the commissioner of public safety= pursuant to Minn.
Stats.
§ 340A.316 for the importation and sale of wine exclusively for sacramental
purposes,
(2) Medicines intended for therapeutic purposes and not. intended as a beverage:
(3) Industrial alcohol designed for mechanical, chemical, scientific, pharmaceutical, or
industrial purposes> or
(4) Nonpotable compounds or preparations containing alcohol.
(Code 1982, § 5 - 62)
State law reference — Authority for above section and similar provisions, Minn. Stats. §§ 340A.316,
340A.906.
Sec. 6 Unlawful sale, furnishing or delivery to certain persons.
No person may sell, furnish or deliver in the city intoxicating liquor for any purpose to a person=
Sec. 6-110. Sales to be in public view.
All sales of intoxicating liquor in the city allowed under this article must be made in full view of the public.
(Code 1982, § 5 - 65)
Sec. 6-111. Sales made where prohibited.
No person may sell intoxicating liquor in the city in a place or in a part of a building where the sales are
prohibited by state law or this article. (Code 1982, § 5 -66)
Sec. 6-112. Drinking in public place — outside events.
(a) No person may drink intoxicating liquor in a place open to the public within the city, nor may the
proprietor or manager of a public place, if it is a building structure, permit such drinking on the premises.
(b) This section does not prohibit persons from drinking intoxicating liquor in a building licensed under this
article for on -sale sales. However, persons are permitted to drink only in the portion of that building
constituting the licensed premises and only within the hours when sales of intoxicating liquors are permitted
and for a period of one -half hour thereafter.
c) An exception to this section is hereby authorized to allow on -sale license holders to host up to two outside
ane -4 ie events, pursuant to an application and receipt of a permit therefor, which events may include the
drinking of intoxicating liquor, wine, or 3.2 percent malt liquor outside, but upon, their licensed premises. The
following apply with respect to such events:
(1) An On(441RE� outside event shall mean an individual, distinctive cultural, social, educational or
recreational occasion, not exceeding 96 hours total duration and not recurring within the same
calendar year.
Sec. 6 - 113. License required.
(Code 1982, § 5 - 67)
(a) It is unlawful for a person to sell intoxicating liquor for consumption at any time or place within the
corporate city limits without first having obtained a license as provided in this article.
(b) It is unlawful for a person, directly or indirectly, upon any pretense or by any device, to keep for sale or to
possess for the purpose of sale intoxicating liquor, without first having obtained from the city a license to sell
intoxicating liquor. (Code 1982, § 5 - 68)
Sec. 6-114. Tax stamps or labels on containers.
(a) It is unlawful for a person to possess intoxicating liquor without proper tax stamps or labels on the
container thereof, as required by state law.
(b) Nothing in this section prohibits the possession of fruit juices fermented in the home for family use.
0 Fermented malt beverages containing more than 3.2 percent of alcohol by weight or four percent by
volume, having the required amount of tax stamps as required by state law on the container thereof or the
case in which the beverages are contained are not subject to this section.
d) This section does not apply to intoxicating liquor poured from containers or bottles having thereon the
required tax stamps and labels, into a cup, glass or temporary shaker. Possession of liquor in one's own home
only of a bottle or container not having state tax stamps thereon is not a violation of this section, if the liquor
in the bottle or container was poured from a bottle or container having thereon the required state tax stamps
and labels, provided that the bottle or container into which such liquor is poured is not larger than one quart
in size. No person may possess more than two such unstamped bottles. (Code 1982, § 5 - 69)
Sec. 6 Retail sale for beverage purposes of ethyl alcohol or neutral spirits.
No person may sell at retail in the city for beverage purposes ethyl alcohol or neutral spirits or substitutes
thereof, possessing the taste, aroma, and characteristics generally attributed to ethyl alcohol or neutral
spirits. Nothing in this section prohibits the manufacture or sale of other products obtained by the use of ethyl
alcohol or neutral spirits as defined in U.S. Treasury Department, Bureau of Internal Revenue, Regulations
125, Article 11, Standards of Identity for Distilled Spirits. (Code 1982, § 5
State law reference—Similar provisions, Minn. Stats. § 340A.506.
Sec. 6 Hours of sale.
(a) No sale of intoxicating liquor for consumption on the licensed premises may be made
(1) Between 2:00 a.m. (if licensee has a 2:00 a.m. license issued by the state
commissioner of public safety) and 8:00 a.m. on the days of Monday through
Sunday.
(2) n'3 N nn Own Sundays;
(b) No Sale of intoxicating liquor may be made by an off - sale licensee:
(1) On Sundays;
(2) before 8:00 a.m. or after 1000 p.m. on Monday through Saturday;
(3) on Thanksgiving Day-
4 44) On Christmas Day, December 4-25; or
(5) after 8:00 p.m. on Christmas Eve, December 24.
(Code 1982, § 5 - 71) State law reference —Hours and days of sale, Minn. Stats. § 340A.504, -4i 44Subd, s 2, 4.
Sec. 6-117. Persons eligible for issuance of licenses.
(a) A license under this article may be issued only to a person who is a citizen of the United States or resident
alien and who is of good moral character and repute, who has attained the age of 21 years and who is the
proprietor of the establishment for which the license is issued. If a corporation or partnership is the owner of
the establishment, the license shall then be issued to the primary and acting manager of the establishment
and the designated corporate officer or for a partnership a designated partner. The corporation or partnership
which is the owner of an establishment shall notify the city within 48 hours if the person licensed as the
primary and acting manager of the establishment can no longer perform the duties of a primary and acting
manager. This includes but is not limited to reassignment, termination, or demotion. The corporation or
partnership shall immediately have the new primary and acting manager apply for a license.
(b) Existing on - sale intoxicating liquor licenses that are reissued to a new establishment must maintain =760
percent of their gross sale in non - liquor related items. 44 4-s • �na r, , �l
reeordS „£ 144ese E44abbishiu h •- bie t . dii, ey th city, At the earliest j)racticable time after
application is made for a renewal of an on - sale intoxicating figuor or wine license and. in any event. prior to
the time that by the Council. the a131)licant shall file with the c ity clerk a
statement made by a certified public accountant that showy the total -ross sales and the total food gales for
the preceding 12 month period beginning January 1 and ending on December 31 foreign cortoration shall
also file a current certificate of authority. New hc£ nse holders {arc to provido the first full year of ales as soon
as is practicable,
E xceptions to this is bowling; centers can include in their 60 gross 1 }r of7t receipts, yending rnachine sales.
bowlines activities and other recreational activities and sales including. but not limited to bowline bowling
equitmment, arcade galues and billiards. Intoxicating liquor license holders that have a Class B or C, Entertain
License are exeiiltit from maintainh r 60` t ross sales In non related items.
(Code 1982, § 5 - 72; Ord. No. 797B, § 1, 7 - 27 - 1999)
State law reference--Similar provisions, Minn. Stats. § 340AA02 4 f (4),
See. 6-118. Persons ineligible for issuance of license.
(a) No license required under this article may be issued to a person who has had an intoxicating liquor or
nonintoxicating liquor license revoked within five years of the license application.
(b) No new license may be issued to and the city council may refuse to renew the license of a person who,
within five years of the license application, has been convicted of a willful violation of a federal or state law or
a local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an
alcoholic beverage. The section also almlies to curtent.license, holders sanctioned mrsuant to this article.
(Code 1982, § 5 - 72.5)
State law reference Similar provisions, Minn. Stats. § 340A.402.
Sec. 6-119. Investigations of on-sale applicants for issuance tra s4` - or renewal of license.
State law reference Similar provisions, Minn. Stats. § 340A.412, s Subd 2.
Sec. 6-120. Location restrictions.
(a) No license may be issued under this article for premises located within areas restricted against commercial
use through zoning ordinances and other proceedings or legal processes regularly had for that purpose, except
that licenses may be issued to restaurants in areas which were restricted against commercial uses after the
establishment of the restaurant.
(b) No license may be issued contrary to the provisions of any ordinance or any special law restricting areas
within which intoxicating liquor maybe sold.
W No license may be issued under this article for premises or places in which the sale or use of intoxicating
liquor is prohibited by Minn. Stats. ch. 340A. (Code 1982, § 5
State law reference— Similar provisions, Minn. Stats. § 340A.412, =�+4+4 4.
Sec. 6-121. Denial of license to person in connection with premises of another.
An intoxicating liquor license may not be issued under this article to a person in connection with the
premises of another to whom a license could not be issued under Minn. Stats. ch. 340A. This section does not
prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a
noncitizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of
Minn. Stats. ch. 340A. (Code 1982, § 5 - 75)
State law reference—Similar provisions, Minn. Stats. § 340A.412, -4+4 4Subd 5.
Sec. 6-122. One license for any one person or premises; possession of interest in more than one license.
(a) No more than one off - sale or on - sale intoxicating liquor license may be directly or indirectly issued under
this article to any one person or for any one place in the city.
(b) It is unlawful for a person to knowingly have or possess a direct or indirect interest in more than one
license in the city. Upon conviction therefor the city council may immediately revoke all licenses of the person.
The term "interest," as used in this subsection, shall be as defined in Minn. Stats. § 340A.412, si�+W 3.
(Code 1982, § 5 - 76)
State law reference Similar provisions, Minn. Stats. §§ 340A.301, 4, 4 4 Subd . 7, 340A.412, 4, "4 3.
Sec. 6-123. Posting of licenses.
A license issued under this article must be posted in a conspicuous place in the premises for which it is
issued. (Code 1982, § 5 - 77)
State law reference— Similar provisions, Minn. Stats. § 340A.410, - iumlSubd 4.
Sec. 6-124. Licenses for drugstores.
No license may be issued under this article to a person operating a drugstore unless the person has
operated it for at least two years or has purchased a drugstore that has been in continuous operation for two
or more years. (Code 1982, § 5 - 78)
State law reference Similar provisions, Minn. Stats. § 340A.412, - +� 7.
Sec. 6 Issuance of federal permit as condition to license issuance.
No license granted under this article shall be effective until a permit is issued to the licensee under the
laws of the United States, if such a permit is required under the laws of the United States. (Code 1982, § 5 -79)
Sec. 6-126. Responsibilities of licensee for place of business; gambling, prostitution or disorderly conduct; age
requirements for employees.
(a) A licensee under this article is responsible for the conduct of the licensee's place of business and for
conditions of sobriety and order therein.
(b) No licensee under this article may keep, possess or operate or permit the keeping, possession or operation
of, on the licensed premises or in any room adjoining the licensed premises, a slot machine, dice or any
gambling device or apparatus, nor permit any gambling therein. No i ;ue 4een,Re€r n4a yf efmit the 4een:�cd
( ,
as �., ,' e
, � .. .. .. .. .. However, gambling devices maybe
,
kept or operated and raffles conducted on licensed premises and adjoining rooms when such activities are
licensed by the city pursuant to Minn. Stats. ch. 349.
(c) The following acts or conduct on licensed premises are unlawful and shall be cause for revocation of the
license
(1) to employ c)r use an person in t:he sale t }r service of atcoholic beverages in or upon the licensed premises
while such persog is unclothed or in such attire. cost:u e or clothing as to expose to view any portion of the
female breast below the tots of the areola or of any t)ortion of the of the buttocks, vulva
or genitals.
(2) to employ or use the services of any hostess while such hostess is unclothed or in such attire. costume or
clothing as described in subparagraph (1) above.
(3) to encourage or permit any person on the licensed trr ~eniises to touch, caress or fondle the breasts, buttocks.
anus or genitals of any person.
(4) to permit any (anI)loyoo o pors to wear or Llse a11V device O covering exposed to view which simulates
the breast. g(nitals, anus. pubic hair or any i)ortlon thereof.
(_)) to permit any person to perform acts of or facts which simulate:
a, with or upon another parson sexual intercourse. sodornv. oral copulation, flagell or any sexual
act; which is t }rohibitecl by law,
b, masturbation or bestiadity.
c, with or upon another person the touching. caressing or fondlin- on the buttocks anus genitals or
female breast,
d. the displaying of the pubic hair, anus, vulva, genitals or female breast below the tot} of the areola.
(6) to permit any person to use artificial devices or inanimate objects to de )ict any of the prohibited activities
described above.
(7) to permit any person t:o remain in or upon the licensed premises who exposes t:o public view any portion of
his or her genitals or anus.
(8) to 1wrinit the showing of film.. still pictures, electronic reproduction or other visual reproductions de Act inm:
a, acts or simulated acts of` sexual intercourse, masturbation. soda v. bestiality, oral col lation.
flagellation or any sexual act which is i)rohibited by law.
b. anv person being touched. { °tressed or fondled on the bretist. buttocks. onus or genitals,
c. scenes wherein a)ersOIl {llstll)ys [.he vulva or the thus or the tTenitals
d. s conos wherein artificial devices o Ina e
emp loyed to 1)ortray. any of the I)rol]ibited activiti describe above.
(ed) No person under 18 years of age may be employed in any rooms constituting the place in which
intoxicating liquors are sold at retail on - sale, except that persons under 18 years may be employed as
musicians or to perform the duties of a busperson or dishwashing services in places defined as a restaurant or
hotel or motel serving food in rooms in which intoxicating liquors are sold at retail on - sale. (Code 1982, § 5 - 80)
State law reference Similar provisions, Minn. Stats. § 340AAl2, - ;-ubd 10.
Sec. 6-127. Operation of coin amusement devices by minors in barrooms.
Coin - operated amusement devices may not be used by a person under the statutory age of majority in an
intoxicating Liquor dispensing barroom in the city licensed under this article. (Code 1982, § 5
Sec. 6-128. by clubs Reserved.
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Sec. 6-129. Transfer of license; transfer of corporate stock; change of corporate officers
(a) No license granted under this article may be transferred from person to person or from place to place
without the consent of the mil - city. Which u � .
(b) Where a license is held by a corporation, a change in ownership of ten percent or more of the stock of the
corporation must be reported in writing to the city , within ten days of the transfer.
(c) The transfer of stock in a corporate license shall be deemed a transfer within the meaning of this section,
and no such transfer of stock may be made without the consent of the It is the duty of the officers
of a corporation holding a license issued under the authority of this article to notify the rl cit;v of any
proposed sale or transfer of any stock in such corporation, and no such sale or transfer shall be effective
without the consent of the e given in the manner set forth in this section. The transfer of any stock
without the knowledge and consent of the eou+ei shall be deemed sufficient cause for revocation by the
cit,v council of a license granted to such corporation under the authority of this article.
(d) Such corporate officers mentioned in subsection (c) of this section must notify the ce+tnei whenever any
change is made in the officers of the corporation. Failure to so notify the COURci is likewise sufficient cause for
revocation of a liquor license granted to such corporation. (Code 1982, § 5 -83)
Sec. 6-130. Suspension or revocation of licenses.
a n pe n c. Viol a pplie a ble . n
perM4 holder has been '444 so opportusit'y for a hearii4g perscmet to seeilions 14,57 4 4,6P of4he
Adssil4isi'rative Procedure Aet, and all eosts aad expeoses associated with the hearing shall he paid �)y t
s -. be . i c a t e z -
( 2 r
Souoc- sv sefcrexxee— S-. xss..i � –p. "c `f t= r3d�33si -�� 3. 33 .n- x�ri�ts- §- :�--'��%f�.- c�7 =�- •.
(a) The city Council {a) The city c ouncil moy rev the license or t)ermlt. sus1 the license or peri it for up
to 60 days. impose a curie penalty of up to J2,000.00 for each violation, or i pose any co bhzation of these
sanctions on a finding that., the license or 1)ermit holder bas:
(1) Sold alcoholic beverages to another retail licensee for the purpose of resale;
(2) Purchased alcoholic from another retail licensee for the purpose of resales
(3) Conducted or permitted the conduct of gambling on the liconsed ))remises iIZ Violation of the - law"
0) Failed to reillove or dispose of alcoholic beverages when ordered by the state coillmissioner of public
safety to do so under 1�linn. Scat. § 310A.508. Sul)d. 3> cfl.
(5) Failed to comely with an applicable statute. rule, or ordinance relating to afcobohc beverages.
(b) No suspension or revocation takes effect until the license or pormit holder has been given an opportunity
ft)r a hearfn > under L1inn Stag 14.5 i 14. {;9. but; nothintr in this section requires flit city t•o conduct• the
hearing before an employee of the state office of administrative hearings Imt)osition of a penalty or
suspension k)y t ither the city or the state commissioner of ))ublic safetc does not t)reclud� imC)osition of an
additional penalty or suspension by the other so long as the total penalty or suspension does not exceed the
stated maxinlLII13. 1111po$et1C)Il {)f Clyil penalty d {)f',s n {)t= 1)1'eclude C12argellg uIlder ap])1 ®4) }teat£' Crnl7lllal statutes
by city county. state or federal agencies
Sec. 6 Temporary liquor licenses for nonprofit organizations.
Notwithstanding any other section of this chapter, a club or charitable, religious, or other nonprofit
organization in existence for at least three years may obtain an 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 authorize on - sales on the 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 intoxicating liquor license issued by the city. The fee for such
license shall be established by the city council h from time to time. No organization may be
granted more than t four such licenses per calendar year, and no license shall be issued for a period
exceeding four calendar days. (Code 1982, § 5 - 85)
State law reference Similar provisions, Minn. Stats. § 340A.404, , ,= +i4d 10.
See. 6-I32. Application for temporary liquor license.
Application for u temporary liquor license shall beonforms provided by the city clerk and shall contain
such information us specified kv the city clerk including the following:
(V The name, address and purpose of the organization, together with the full names and addresses olits
K0 The purpose for which the temporary license ia sought, with the place, dates, and hours during
which intoxicating liquor will be sold.
C0 Consent of the owner or manager of the premises or person or group with lawful
Responsibility for the premises.
.............. An aptd must,..be...jd.ac.ed on file when it. is received by the will forward it. tu the,
approj)riate starrfor review, Temporarl liguor licenses for non-profits may be approved by the City Manager
council-for_ap)roval at his discretion, A)plioant, is re( fired t,,(
. meet, with the police chiefto discuss measures to eliminate the sale of alcohol to underage person, general
marshal for insI)ection of the 1womises where ap1diefible.
Sec. 6-133 Entertainment License in co
malt liguor license.
No porson HCOIISO(l Under this Chapter shall provide mfurnish or porinit another who is leasing, renting or
using with or without consideration the licensed premises to provide or furnish entertainment off the licensed
premises vv�Ubout6rothaving obtained s license todoso, The Drovi�000c furnishing o[entertu�000eot
vvithoutsuobo|keoaa
aha]I be violation o[Uhia Chapter and could result, in cause wErevouution of all licenses held at the licensed
premises, It shall nut be a defense that the licensee was not on/ace or did not komvv of the provision of such
entertninoueotbyDeraomeremting,leoeingoroeiro
Drov;dadbociotbiscbaptac;saaeparateIiceose,aoda|ltbareUniramuootsn[tb;acboytez{bzobtoinioga
license must be met even thongh the licensee holds a wine, intoxicating liquor of malt. Liquor license,
License
Any person to provide entertainment ou the licensed promises must obtain moontmzLmhzzoautlicense
o[ the applicable type oa hereinafter provided:
Class A-- Amplified or nonamplibed music arid/or singing bv performers without limitation aatnnumber,
individual, and grant) singing participated in by patrons of the establishment, e,g- "karaoke,"
Class 13— All activities allowed ioClose A. plus dancing by patro to live, taped or electronically produced
oznslo.Ilueatagesbovve,Lbmntoz.undcontmata.1uuUofthewctiritimeinUlmsaoaAmodD.uDoltbm
participants, including patrons, shall be fults clothed at all times,
ClassC All activities allowed inClasses A and B,plus performance by male mfemale performers without
limitation oato number, where clothing imio compliance with Sec, G this Chapter,
Sec. 6-134. Licensing requirements.
(a) Application, Any person desiring a license to provide entertainment, Shall make application in writing on a
form provided by the city clerk, with whom the application shall be fit( c3, The city clerk shall require that the
following information he set forth upon the application:
(1) The name and place of residence of the applicant.
(2) I'll( exact location of the promises upon which the applicant proposes to provide entertainment.
(3) Whether the applicant has ever been engaged in a similar business and, if so, the location thereof and the
dates) when so engaged.
(4) A description of t he type or types of entertainment to be, provided and the frequency thereof,
The application shall be signed by the manager of the intoxicating; liquor license fn person and, if the
applicant is a. corporation, by the manager of the liquor license who shall agree to comply with all the
ordinances of the city relaating, to the business of providing entert,trnlnient.
The application, license fee and the consent of property owners shall be filed with the city clerk.
(b) Consent of neighboring property:
(1) Consent of owners and occupants within 350 feet: The applicant sliall present with his or her application
for a Class 13 or Class C heonse a statement in writing; with the signatures of as many of the owners and
c)CC Chant s of private residences, dwellings and apartment houses located within :150 feet of such promises as
he or she can obtain to the effect that they have no objection to the granting of the class of entertainment
license sought: or the operation of the business; of conducting entertainment, of the class of license sought at
the location proposed.
If the applicant obtains the signatures of ninety (90) percent or more of such persons, the council may grant
the license. If the applicant obtains; the signatures of'sixty (60) percennt to ninety (90) percent of such persons,
the council may grant the license upon finding that: issuance of the license would not interfere with the
reasonable use and enjoyment of neighboring property and the health, safety and general welfare of the
community. Such findings shall be based on the following; considerations if the license were to be granted:
a. The effect on the surrounding community and institutions;
1). Noose and likelihood of a negative effect on residential occupants;
c. The possibilit"- of increased traffic;
d, The character of the neighborhood;
e, Other like uses in the neighborhood,
If the applicant fails to obtain the signatures of sixty (60) percent of such persons, the license shall not. in ant%
ease be granted, unless, the license applicant can illustr -ate to the city council that. a good faith ef'f'ort was
made to fulfill sill petition requirements, and that the results of such attempts showed a generally favorable
disposition from the surrounding community toward the proposed licensed activity.
(2) Compliance with notice and consent requirements: An entertainment license for whatever particular class
of license has been sought only becomes effective upon compliance with paragraph (b) and consent. of the city
council. The failure to give nailed notice to owners or occupants residing within three hundred fifty (3.50) feet
or defects in the notice shall not invalidate the license, provided a bona fide atttempt= to comply with
paragraph (b) has been made. A bona fide attempt is evidenced by a notice addressed to "ocaner" and to
"ciccupant" of the listed address. Only one (1) notice need be nailed to each house or each rental unit within a.
multiple-fniiily dwelling regardless of the number of occupants.
(3) Application exceptions: The requirements set out in paragraph (b) shrill apply only where the application
is for an entertainment license in which it is proposed that liquor will be sold and instrumental music with
dancing for the guests therein, or singing or stage entertainment is to be provided.
( l) Exemption from consent requirements for limited entertainment licenses: The co Bent requirements of
paragraph (b) shall not apply if the person, firm or corporation holding liquor licenses for the premises for
which the entertainment is sought has, as a regular and usual hart of its business for at least one year
immediately prior to the effective date of this ordimnce, rented all or hart of the licensed premises for
wedding, anniversary or retirement dinners or receptions or similar family or social functions and has held
itself out to the public during that period of time as being available for such purposes; applies for a limited
Class 1 or B license valid for the sole purpose of allowing entertainment. to be provided by another on that
part of the licensed premises which is rented or used, with or without. consideration, for a wedding,
anniversary or retirement dinner or reception, or similar family or social function'- and makes application for
such limited license within one (3) year of the effective date of this ordinance (date will be entered upon
passage of this ordinance) whichever date comes later.
( =i Conditions of limited licenses. The limitation on an entertainment license issued pursuant; to paragraph
05) above shall be an express term and condition of the license and failure to comply with such limitation
shall be grounds for possible revocation against, all licenses held by the licensee or applicant,. If the holder of
such limited license shall provide, furnish or contract. for any entertainment of any kind on the licensed
premises, such action shall also be grounds four possible revocation of sill licenses held by such licensee.
(6) Responsibility of licensee under limited licenses, Each holder of a limited license hereunder shall be
responsible for full compliance by all renters and users of the licensed and contiguous premises with all
requirements of law.
(c) Investigation.
Whenever an application for an entertainment, license is filed, the cdy clerk shall refer said application to the
police chief and the fire marshal who shall proceed to Inspect and examine the premises described in the
application and report to the city clerk whether t:he applicant, is a proper person to Deceive such a license and
whether the premises are suitable for entertainment.,
Upon receipt of the reports, the city clerk shall transmit the reports together with a recciminendation to the
city council for its consideration,
Sec. 6-135. One-day license.
Any person may apply f'or a temporary Class A or C "lass B entertainment license valid for° a twenty - four~ hour.
period. Such application shall be made in the manner~ prescribed in this chapter and shall be subject to the
same requirements as provided elsewhere in this chapter. The fee for such license shall be established by the
city council from time to time. Such licenses shall not require the consent of owners and occupants of
adjacent properties and shall be approved by the city manager or his designee and may for forwarded to the
city council for approval at the discretion of the City manager.
Secs. 6-1335-6-160. Reserved.
DIVISION 2. ON -SALE AND OFF -SALE LICENSES
5iz ciTivi, 1. In Gonoral
Sec. 6 Established.
There are hereby established the following city intoxicating liquor licenses:
(1) On - sale.
(2) Off - sale.
(3) Limited off - sale. (Code 1982, § 5 - 96)
474
Sec. 6-163. Sunday sales licenses for on-sale licensees.
The holder of an on -sale liquor license under this division may apply to the council for a Sunday sales
license. The city council may after one public hearing grant an on -sale licensee a Sunday sales license
permitting the licensee to sell intoxicating liquor between the hours of 10 =00 a.m. on Sundays and 4-2:00 a.m.
on Mondays in conjunction with the sale of food, provided that the licensee is in conformance with the
Minnesota Clean Air Act. An application for a Sunday sales license must be made at the same time and on the
same application as the on - sale licensee uses to apply for an on - sale license or renewal thereof. If the first
application for a Sunday sales license is made before the time for renewing the on - sale license, the clerk may
provide for a special supplementary application for the Sunday sales license. No Sunday sales license may be
issued to an on - sale licensee unless the licensee operates a restaurant serving meals regularly to the public
and having facilities for serving at least 30 diners at the same time. Under a Sunday sales license, liquor may
be served on Sundays only to people seated at restaurant or dining room tables. (Code 1982, § 5 - 98)
State law reference Authority for above section, Minn. Stats. § 340A.504, subd. -32(2).
Sec. 6-164. Application; payment of fee
(a) A person desiring a license to sell intoxicating liquor in the city pursuant to this division shall make a
verified written application to the city council and must file it with the city clerk. The application form must
require that the following information be given on the application, along with such further information the
state commissioner of public safety, the council or the clerk may require:
(1) The applicant's full name, date of birth and place of residence.
(2) The location of the premises on which the applicant proposes to sell intoxicating liquor
and an exact description of the particular place within the building structure where
such sales are proposed.
(3) Whether the applicant has ever been engaged in a similar business, and, if so, the
location thereof and the dates when so engaged. The application must be signed and
verified by the applicant in person and, if the applicant is a corporation, by an officer
Of the corporation.
(4) If the applicant is a corporation or club, it must attach a copy of its bylaws. No license
will be issued to the applicant if the bylaws express, directly or indirectly, any limitation or
discrimination on the basis of race.
(b) Upon receipt. of the application and the proper amount of the license fee, the clerk must give the applicant.
a receipt containing a statement of the purpose for which the deposit was paid. (Code 1932, § 5 - 105)
Sec. 6 Investigation of applicant; inspection of premises; council hearing; grant or denial.
(a) The city clerk must immediately transmit an application for a license submitted under this division to the
police chief for investigation of the applicant. Relevant information will also be forwarded to the fire marshal
,fig f'or inspection of the premises. �,., �; i n� n a n r, .,1 +n r�, a ;, ..=,i ,,a +i or-
(b) Upon completion of the investigation under subsection (a) of this section, the police chief or the city clerk
shall report the findings to the city council at a public hearing on the application held according to law.
(c) The city council must either grant or deny the application for a license under this division after the public
hearing is held under subsection (b) of this section. (Code 1932, § 5 - 106)
State law reference— Investigation of on - sale license applicants, Minn. Stats. § 340A.412, subd. 2.
Sec. 6 Surrender of on 3.2 percent malt beverage license before issuance of off intoxicating
liquor license; state approval of bonds.
(a) Where the application under this division is for an off - sale liquor license and the applicant holds an on - sale
3.2 percent malt liquor license issued by the council, the council may not grant an off - sale liquor license until
the applicant surrenders the on - sale 3.2 percent malt liquor license.
(b) If an off - sale license is granted under this division, ± the clerk is to
issue the license whenever the bond required by this division has been approved by the state commissioner of
public safety and the commissioner advises the clerk that he approves of issuing the particular applicant a
license.
W If an on - sale license is granted under this division, of the city council must direct the clerk to
issue the license whenever the bond required by this division has been approved by the council. (Code 1982, §
5 - 107)
State law reference—Off sale intoxicating liquor license prohibited for place where nonintoxicating percent
malt beverages sold for consumption on premises, Minn. Stats. § 340A.412, Ssubd. 412.
Sec. 6 Effect of denial.
Should the application for a license under this division be denied, the resehY�ee deoyia. the beeese mist
aut a nd Eli ree i be proper !i+Y OfTieialS the clly clerk shall 4o ref ind to the applicant the deposit for
license fees made when the application was filed. Any amount paid by the applicant for the conduct of an
investigation of the applicant shall be retained by the city. (Code 1982, § 5 - 108)
(a) No off - sale license required under this division shall be granted until a bond in the sum of $1,000.00 shall
be furnished and approved by the state commissioner of public safety and filed with the proper city officers.
(b) The surety on the bond required by subsection (a) of this section shall be a surety company duly licensed to
do business in the state, and the bond shall be approved as to form and execution by the state attorney
general.
(c) All bonds required by subsection (a) of this section, when approved by the proper city or state officer, shall
be deposited as directed by the commissioner of public safety.
(d) All bonds required by subsection (a) of this section, for an off - sale license, shall be conditioned as directed
by the commissioner of public safety. (Code 1982, § 5 - 109)
Sec. 6 Ineligibility of certain premises
(a) No on - sale license may be issued under this division for premises located within 444 500
feet of a church or school building in the city. Such measurement shall be from the main entrance to the
nearest property line of the church or school building.
(b) No off - sale license may be issued P)r- the An i under this division for premises located within 444 500
feet of a church or school building in the city. Such distance shall be measured from the main entrance to the
nearest property line of the church or school building.
(c) No off' - sale license shall be issued under this division f'or z)rtmises located 2,000 feet from an existing off -
sale premise
(Code 1982, § 5 - 110)
State law reference— Authority for above section, Minn. Stats. § 340A.412, fiu44 4.
Sec. 6-170. Duration.
All licenses granted under this division expire on December 31 of each year. (Code 1982, § 5
111)
Sec. 6-171. Extent of licensed premises.
Except as authorized in section 6 -112, no on -sale or off -sale license issued under this division is effective
beyond the compact and contiguous space for which the license was granted. Licensed premises are the
premises described in the approved license application. (Code 1982, § 5 -112)
State law reference Similar provisions, Minn. Stats. § 340A.101, subd. 15.
Sec. 6 -172. Alcohol Awareness `I'rainina
Within six (6) months of the initial issuance of a new on off - sale loluor° license or a new wine License,.
Secs. 6-172 -6 -190. Reserved.
Su cirlvlslfan 11. Sj)oej al f "luh Licenses
Sec. 6 - 191. Issuance.
An on liquor license may be issued by the council to a bona fide club which has been in existence for 20
years and which is incorporated under the laws of the state. For congressionally chartered veterans'
organizations, such clubs shall have been in existence for ten years prior to January 1, 1961. (Code 1982, § 5
99) l'linn. Stats. § 3j0A.101 Subd.7
Sec. 6 - 192. Sales limited to members only.
Any special club license issued under this subdivision shall be a license for the sale of intoxicating liquors to
club members only. (Code 1982, § 5 - 100)
sli +z,
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alwitt fa > e+ee pe
n, r, n�ari t fle !a82 § -7071
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4
Sec. 6-1943. Fee and application.
The license fee for a special club license issued under this subdivision shall be in such amount as may be
imposed, set, established and fixed by the city council by eeselati-en from time to time, and the application
shall make application for the license on a form to be furnished by the clerk. This application shall be in
substantially the same form as an application of a public on - sale liquor license (Code 1982, § 5 - 102)
ITIMPIRLEAMM
The holder of a license issued under this subdivision is subject to all of the sections of this Code pertaining
to the issuance of intoxicating liquor licenses. (Code 1982, § 5 - 103)
Secs. 6 Reserved.
DIVISION 3. ON-SALE NINE LICENSES*
buhdlrlszon I In Gonor7V
Sec. 6-221. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning'
On - sago [Vino liconsos means licenses authorizing the sale of wine not exceeding Ill percent alcohol by
volume, for consumption on the licensed premises only, and in conjunction with the sale of food.
*State law reference —On - sale wine licenses, :Minn. Stats. § 340A.404, �, Subd 5.
Restaurant means an establishment other than a hotel, Linder the control of a single, proprietor or manager,
where meals are regularly served at tables to the general public, and which has seating; capacity for not less
than 30 guests.
1 eoaingmeans the usual and regularly available seating accommodations for guests of the establishment to
sit at tables for the purpose of eating meals. (Code 1982, § 5 -126)
State law reference--Similar definitions of the terms "on Nine licenses" and "restaurant," Minn. Stats.
§§ 340_A.101, ;,, 1Subd 25, 340A.404, - ,K44Subd 5.
Sec. 6-222. Required; exceptions.
No person, except wholesalers or manufacturers to the extent authorized under state license, the municipal
liquor dispensary and those having an on intoxicating liquor license issued under division 2 of this
article, shall directly or indirectly deal in, sell or keep for sale any wine without first having a license to do so
as provided for in this division. (Code 1982, § 5 -127)
Sec. 6 -223. Issuance only to restaurants.
On - sale wine licenses shall be issued only to restaurants meeting the requirements of this division. (Code
1982, § 5 - 128)
State law reference --City may issue on - sale urine licenses only to restaurants having facilities for seating
at least. 25 guests at one time, Minn. Stats. § 340A.404, s+� 5.
An unlimited number of on -sale wine licenses may be issued under this division.
(Code 1982, § 5 - 129) State law reference — Authority of city to issue on - sale wine
license to any restaurant having facilities for seating at least 25 guests at one
time, Minn. Stats. § 340A.404, Solid. 5.
Sec. 6 -225. Fees and application.
(a) The annual license fee must be paid in full before an application for a license required under this division
is accepted.
(b) Upon rejection of any application for a license under this division or upon withdrawal of an application
before approval of the issuance by the city council, the license fee must be refunded to the applicant.
(c) Where a new application is filed as a result of the incorporation of an existing licensee and the ownership,
control and interest in the license under this division are unchanged, no additional license fee will be
required. (Code 1982, § 5 - 130)
Sec. 6 - 226. Approval by state.
Licenses issued pursuant to this division shall not be effective until approved by the state commission of
public safety. (Code 1982, § 5 131)
State law reference — Similar provisions, Minn. Stats. § 340A.404, :- , a 4 4 Subd. 5.
S ee. 6 -228 l-T,,ufs of s
s —
r
1 1982 , r- E
S ee. 6 -228 l-T,,ufs of s
s —
Sec. 6-227. Sale of intoxicating malt liquors with an on wine license.
A holder of an on wine license issued pursuant to this division who is also licensed to sell -3,2 l)ereont
n7a1t llgu {)rs at on" ale and whose <Tross re{ { lt>ts are at least; E } {} l>crcenf alttrlknataklle to the gale of food. to
still intoxicating malt liquors at on - sale with an additional license.
Sec. 6-2,2 230 Duration.
All licenses issued under this division expire on December 31 of each year. (Code 1982, § 5
134)
SuZrclivlslon ZI. Tornporaty Wino Licens=es=
Sec. 6 - 251. Issuance to nonprofit organizations.
Notwithstanding any other section of this chapter, a bona fide nonprofit charitable, religious or veterans'
organization may obtain an on license to sell wine not exceeding 14 percent alcohol by volume for
consumption on the licensed premises only. The fee for such license shall be established by the city council by
resolution from time to time, and licenses shall be issued for periods not to exceed four consecutive days. No
organization may be granted more than two four such licenses per calendar year. (Code 1952, § tr135)
Sec. 6 Application.
Application for a temporary license under this subdivision shall be on forms provided by the city clerk who
will forward it to the appropriate staff for review, Teci �o} l ary wine licenses for non profits may be a2l2roved
by file City llana�'er of his designee and n�av be ft�r ~warded to the cite council for aL)L)rovat at his discretion.
The clerk will also forward the aj)phcation to the fire marshal for inspection of the tremises where applicaibl{
-fid sli -141 contain such information as specified by the city clerk, including the following:
(1) The name, address and purpose of the organization together with the names and
addresses of its officers.
(2) The purpose for which the temporary license is sought, together with the place,
dates and hours which wine will be sold.
(3) Consent of the owner or manager of the premises or the person or group with lawful
responsibility for the premises.
(Code 1982, § 5 - 136)
Sec. 6 Applicability of division 4 of article.
Division 4 of this article shall not apply to temporary wine licenses granted under this subdivision. (Code
1982, § 5 -137)
Secs� Reserved
DIVISION 4. BOTTLE CLUBS*
Sec 6-281. Definitions.
The following words, terms and phrases, when used iu this division, shall have the meuoinVa ascribed &o
them in this section, except where the context clearly indicates a different. meaning'
BottJe/d/d/cumauaudob,aadefiuedioMiuu.8tata.884O/LlOI,eea44Su6bd, 7,ornu unincorporated society
which, except for its lack of incorporation, otherwise meets the requirements of a club, as defined in Minn.
Stmia�S31O&-101,*4-*4dSmbd,7, and which ia not licensed for the sale o[iu|nxicntiug liquor, either on-sale or
off-sale or both. (Code lS82,86 146)
State law reGsrerce+—Biouilur provisions, Minn. Stata.G84OA.4l4,e;- 2.
See. 6-282. Storage and labeling requirements for intoxicating age requirement tostore, consume
display intoxicating liquor.
(a)/\ bottle club holding n permit issued under Minn. BLnLa.884U-A.4l4 may allow members
to bring and keep u personal supply o[intoxicating liquors ix lockers on the club's premises. /\ bottle club or
any unincorporated society which has more than 50 members a ad which has, for more tha n a year, owned,
hired, or leased space in a building of such extent and character as may be suitable and adequate for
its member and which knldm a permit issued under Minn. Stata. 8 840A.414 may allow members to bring and
keep a personal supply of intoxicating liquors in lockers on the club's premises. Every bottle, container, or
other receptacle containing intoxicating liquor stored by a member must. have attached to it a label signed by
the member nf the club. All liquor on the premises of the club must ke labeled as required in this section, and
any not being actually used or consumed by the owner thereof must be kept in a locker designated to the use
o[ such member,
(b)Itis unlawful for a club member under 21 years of age to be assigned a locker for the storage of
intoxicating liquor or to consume or display or be permitted to consume or display intoxicating liquor onany
premises owned or controlled bvsuch private club holding upermit issued under Minn. @|ata,&34UA.4I1
(Code lS82,8b 147)
ltim unlawful in the city for u bottle club or for ubusiness establishment, directly or indirectly, or upon any
pretense or by any device to allow the consumption or display of intoxicating liquor or the serving of any liquid
for the purpose ofozixingofintoxicating liquor without having first obtained u permit therefor. Such permit
may be issued by the state commissioner of public safety, after approval by the city council and the payment of
the local license fee imposed by the city council, pursuant LoMinn. Siuia.8&4O/\.4l4,anbda.5 and 6, for u
period of one year to expire on July I next following issuance of such limnse, and the license must be renewed
annually oo July l. The application for such permit must be made to the state commissioner of public safety.
(Code l9A2 I48)
State law reference Similar provisions, Minn. Slats. § 340A.414, subds. 5 and 6.
Sec. 6-284. Annual license fee.
Whenever a person owning or operating a private club or public place in the city applies for a permit from
the state commissioner of public safety pursuant to Minn. Stats. § 340A.414, -s� 6, the applicant must
obtain the approval of the city council and must pay the city a local license fee as set by the council from time
to time for any one year or any part thereof, expiring on the subsequent July 1 next following the issuance of
the license. The permit, council approval and local license fee payment must be renewed annually on July 1. If
such permit is applied for by a nonprofit organization or by a governmental unit, the operation of which is
determined by the council to be of civic benefit to the city, the council may approve the issuance of a permit to
the nonprofit organization or governmental unit at an annual local license fee of not less than a fee per year as
set by the council from time to time, provided that the permit is for less than five days per year. (Code 1982, §
5
State law referent — Authority conferred upon city council to impose a local license fee not exceeding
$300.00 per year on bottle clubs holding state permits, Minn. Stats. § 340A.414, -4+ Subd 6.
Sec. 6-285. Hours of consumption or display of intoxicating liquor.
No establishment licensed under Minn. Stats. § 340A.414 may permit a person to consume or display
intoxicating liquor and no person may consume or display intoxicating liquor between 1:00 a.m. and 1200
noon on Sundays; between 1 :00 a.m. and 8:00 a.m. on Monday through Saturday} between 1:00 a.m. and 3:00
p.m. on Memorial Day; or between 100 a.m. and 8:00 p.m. on any state or city primary, special or general
election day held in the city. (Code 1982, § 5
State law referent Similar provisions, Minn. Stats. § 340,k4(44 11, subds. 5 and 6.
Sec. 6-286. Inspections.
A bottle club or business holding a permit issued under Minn. Stats. § 340414 is open for inspection by the
commissioner of public safety and the commissioner's representative and by peace officers, who may enter and
inspect during reasonable hours. Refusal to permit the commissioner, the commissioner's representative or a
peace officer to enter and inspect: the premises is a violation. (Code 1982, § 5-151)
State law reference Similar provisions, Minn. Stats. §§ 340.'1.414, . Subd 7, 340A.907.
Sec. 6 Restrictions on permit approval by council.
No approval by the city council of a permit required by Minn. Stats. § 340A.414 may be given to any bottle
club when a member of the board, management:, executive committee, or other similar body chosen by As
members or when the business establishment or the owner thereof holds a federal retail liquor dealer's special
tax stamp for the sale of intoxicating liquors. (Code 1982, § 5 - 152)
State law reference Similar provisions, Minn. Stats. § 340AA14.
Sec. 6 - 288. Inapplicability of division.
This division has no application to a person or a premises licensed f or the sale of intoxicating liquor under
the state Intoxicating Liquor Act and division 2 of this article, but any such person or premises, being a
business establishment, is eligible for a permit authorized by Minn. Stats. §340A.414. (Code 1982, § 5 - 153)
State law reference—Similar provisions, Minn. Stats. § 340AA14.
Sec. 6-289. Violations.
A violation of this division is a misdemeanor and any violation of section 6 -282 is grounds for the
revocation of such permit by the state commissioner of public safety. (Code 1982, § 5 -154)
State law reference -- Similar provisions, Minn. Scats. § 340A_701.
Sec. 6-290. Seizure and disposal of intoxicating liquor sold, served or displayed in violation of division.
Intoxicating liquors sold, served or displayed in the presence of anyone authorized to inspect the premises,
as provided in this division, in violation of this division are subject to seizure for purposes of evidence and,
contingent on determination by a court, shall be disposed of as provided in Minn. Stats. § 340A.904. (Code
1982, § 5 -155)
State law reference Similar provisions, Minn. Stats. § 340A.904, .' Surd 1.
Secs. 6-291 - 6-315. Reserved.
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2006 On- Sale/Off- -Sale Liauor Code Survev
City
Pop
License Fees:
Do you have
Do you categorize your
Do you allow strong beer in
Do you have catering permits for
Do you have restrictions on the number of
What are the distance
On -Sale
restrictions, other than
intoxicating liquor
conjunction with a malt
intoxicating liquor license holders?
temporary non -profit licenses that you issue
requirements from
On -Sale 3.2
State law on the
licenses? Such as
liquor and an On -Sale wine
for 3.2% and intoxicating liquor?
churches and schools for
Off -Sale 3.2
number of On -Sale
restaurant, tavern or
license or do you require a
What are the rules?
Off -Sale license holders?
Wine On -Sale
intoxicating licenses
entertainment? Do you
separate license for strong
How many days do you allow?
that you allow?
have any type of separate
beer?
What are the fees?
Any other distance
entertainment license?
What is the fee?
restrictions for Off -Sale or
How about Off -Sale
What are the fees?
On -Sate?
restrictions?
What are the fees?
On -Sale Intoxicating:
They have no
No
Strong beer can be sold when
If a license holder has a catering permit with
No restrictions on the nunber of temporary
There are no church or
Under $275,000 =$4400
restrictions on off -sale
both a 32 and au on -sale wine
the State a non- profit can contract with the
licenses issued but one event can not exceed 10
school distance restrictions
5275,001 to $550,000=$5,500
license locations other
license is held for no additional
license holder for catering service. The City
days in duration. Fee is $40.
Apple Valley
48,875
Sales over $550,001=$6600
than zoning and no
fee
does not have a local permit fee.
On -Sale 3.2 5440
another restrictions on
Off -Sale 3.2 $ 85
how many licenses may
Wine On -Sale 51,100
be issued
On -Sale $5,500
Off-Sale license
They indicate that they
Iflicemzse holder has a 3.2 malt
They adopted State Statutes allowing for
Allow 3.2 mnalt liquor temporary licenses only
Church and school distance
Off -Sale 32 $75
mmrbers are restricted to
have no "bars" only
license and Wine On -Sale they
catering but do not have a "local" permit or a
and have no restrictions on how many days or
restrictions are 500 feet
On -Sale 32 $300
1 to every 7,000 of
restaurants and they must
can pay an additional $500 and
fee.
the mnnber they allow a non - profit to have per
Blaine
51,002
Wine On -Sale:
population
maintain at least 51% of
also sell strong beer
year.
Seating up to 99 = 51,000
sales in food
Seating 100+ _ $2.000
On -Sale $9,500
Not more than 18
No
Strong beer can be sold when
Adopted State Statutes allowing for catering
One day pemrits for both 3.2 and intoxicating
Church and school distance
Cottage
On -Sale 32 $600
intoxicating licenses
both a 32 and an on -sale wine
but do not have a "local' permit or a fee.
and not more than 10 issued per year to any one
restrictions are 300 feet and
Grove
31,774
Off -Sale 3.2 S200
plus 1 for every 1500
license is held for no additional
non -profit
1,000 feet from au existing
Wine On -Sale 52.000
population over 45,000.
fee
Off-Sale license holder.
On -Sale $8,500
They have no
No
Strong beer can be sold when
If a license holder has a catering permit with
3 2% K. Strong beer: no more than 7 days in a
Church 100 feet and sebooI
On -Sale 3.2 $750
restrictions on off -sale
both a 32 and an on -sale wine
the State a non -profit can contract with the
calendar year. No mnore than 3 to a location in a
distance restrictions are 300
Off -Sale 32 $150
license locations other
license is held for no additional
license holder for catering service. The City
12 month period. For Intoxicating liquor no
feet
Eden Prairie
60,460
Wine On -Sale S2,000
than zoning and no
fee if gross receipts of sales of
does not leave a local permit fee.
more than 4 consecutive days, 3 -4 days, 4-3
muuberrestrictions on
food is at least 60%
days, 6 -2 clays or 12 -ldays in any combination
how many licenses may
not to exceed 12 clays per year to any one
be issued
organization, for any one location within a 12
month period
On -Sale $8,500
No restrictions on
Have "restaurants" only
Strong beer can be sold when
Adopted State Statutes allowing for catering
3.2 1 lo and strong beer you can have 2 for 3 days
Church and school distance
On -Sale 3.2 $575
number of licenses for
and they must maintain
both a 3 2 and all on -sale wine
but do not have a "local' penult or a fee.
$78 per event. Intoxicating liquor you can have
restrictions are 300 feet
Off -Sale 3.2 5575
On -Sale intoxicating.
60 1 �'o gross sales in food
license is held for no additional
2 for 3 days $200 per event. A total of 4 for
Edina
48,050
Wine On -Sale $200
Municipal Off-Sale
and non - alcoholic
fee
each non- profit in a 12
licenses only and they
beverages.
have 3 of them.
On -Sale:
No restrictions on
Typical licenses and an
Strong beer can be sold when
Adopted State Statutes allowing for catering
Three intoxicating or 3.2 licenses per year to a y
Church and school distance
0 -3,000 sq. feet $6000
number of licenses for
entertainment license for
both a 32 and au on-sale wine
but do not have a "local' permit or a fee.
non - profit
restrictions are 400 feet
$7.000 with entertainment
On -Sale rates or Off-
° Adult Entertinment"
license is held for no additional
3,001-6000 sq. feet $7,000
Sale licenses
fee
Fridley
27,088
$8,000 with entertainment
6,000 - sq. feet $8,000
$9,000 with entertainment
On -Sale 32 S
Off -Sale 3.2 S
On -Sale Wine SI -000
On -Sale: By Classes A -E fromn
City issues I Off' -Sale
Entertainment License in 6
Strong beer can be sold with an
They have various "city" catering licenses
3.2% for not more than ten (10) consecutive
Church and school distance
51,419 -$,9413
per 5,000 population.
categories and is charged
on -sale wine. ;strong beer
and permit fees.
days per event. $70 first day S36 each day after.
restrictions are 300 feet and
On -Sale 3.2 $1,000
accordingly. They also
license with no additional fee
2,000 it from an existing off
Minneapolis
382,400
Off -Sale 3.2 SI87
Different Licensing
have various temporary
No restrictions on intoxicating outside of State
sale or 1,000 ft from an
u7_ x, c„,,,_ ztaa, o nnn
.,nn.,,P,t r,., C1
1.n
c, ctan,.Pr.ta.,
a., i, .. "1 F-1 �r _
City
Pop
License Fees:
Do you have
Do you categorize your
Do you allow strong beer in
Do ,you have catering permits for
Do you have restrictions on the number of
What are the distance
On -Sale
restrictions, other than
intoxicating liquor
conjunction with a malt
intoxicating liquor license holders?
temporary non -profit licenses that you issue
requirements from
On -Sale 3.2
State law on the
licenses? Such as
liquor and an On -Sale wine
for 3.2% and intoxicating liquor?
churches and schools for
Off -Sale 3.2
number of On -Sale
restaurant, tavern or
license or do you require a
What are the rules?
Off -Sale license holders?
Wine On -Sale
intoxicating licenses
entertainment? Do you
separate license for strong
How many days do you allow?
that you allow?
have any type of separate
beery
What are the fees?
Any other distance
entertainment license?
What is the fee?
restrictions for Off -Sale or
How about Off -Sale
What are the fees?
On -Sale?
restrictions?
What are the fees?
On -Sale $5,000
15 Intoxicating licenses
Regular licenses. They do
Strong beer can be sold when
Adopted State Statutes allowing for catering
The City will not authorize more than fluee foiu-
Church and school distance
On -Sale 32 $350
and no limit on off -sale
have an "Adult
both a 32 and an on -sale wine
but do not have a "local' permit or a fee.
day, four three -day, six two -day, or 12 one, -day
restrictions are 1,000 feet
Oakdale
27,657
Off -Sale 3.2 $100
Entertainment' license but
license is held for no additional
Temporary licenses, in any combination not to
Wine On -Sale $750
no AE license holders
fee if gross receipts of sales of
exceed 12 days per year for the sale of non-
food is at least 60%
intoxicating malt liquor to any one location
within the City for a 12 month period.
On -Sale $,7200
15 Intoxicating licenses
No entertainment license or
No strong beer without an
Follow State Statutes allowing for catering
For 3.2% not more than 12 consecutive hours —
There are no church or
On -Sale 32 $100
allowed and 15 — 32%
categories of licenses
intoxicating liquor license
but do not have a local pennit or fee.
3 per year. For Intoxicating liquor no more than
school distance restrictions
Richfield
34,496
Off -Sale 3.2 $30
allowed
4 consecutive days, 3 -4 days, 4-3 days, 6 -2 days
On -Sale Wine 75 seatsiless $750
or 12 -1days in any combination not to exceed 12
76 seats /more 1,500
No restrictions on Ott-
days per year to any one organization, for any
Sale
one location within a 12 month period
On -Sale $7,000
City only allows 10 Off-
No entertainment license or
Strong beer can be sold when
No local requirements and are also looking
No restrictions on the mmiber of temporary
There are no church or
On -Sale 3.2 $100
Sale licenses to be
categories of licenses
both a 3 2 and all on -sale wine
into revising their ordinance regarding
licenses issued or the amount of days that the
school distance restrictions
Roseville
34.080
Off-Sale 3.2 S30
issued
license is held for no additional
catering to assist in local control
licenses can be issued for.
On -Sale Wine 75 seats/less $750
fee if gross receipts of sales of
76 seatslmore 1.500
food is at least 60%
On -Sale $5,000
City allows 10
No entertainment license or
Strong beer can not be sold
No local requirements.
No restrictions on the number of temporary
Church and school distance
Off -Sale 3.2 $150
Intoxicating Liquor
categories of licenses
without an intoxicating liquor
licenses issued or the amount of days that the
restrictions are 300 feet
Shoreview
26
On -Sale 3.2 $100
Licenses and 1 per
license
licenses can be issued for.
On -Sale Wine $1,000
5,000 population for
Off-Sale
On -Sale 3.2 $150
18 Intoxicating licenses
No entertainment licenses
No.
Do not allow catering permits to intoxicating
There are no restrictions to the aunomut of
Church and school distance
On -Sale 3.2 $313
allowed and 12 Off-Sale
or categories of licenses
liquor licenses. This is not compliant with
licenses that can be issued but licenses can not
restrictions are 600 feet
So, St. Paul
20249
Off-Sale 32 S50
licenses allowed
statute.
be issued for more than 3 days at a tune.
On -Sale Wine S500
550.00 fee.
On -Sale -over 200 seats $5,050
Different Licensing
Entertainment License
They have a separate strong
They have various °city" catering licenses
The City will not authorize more than three four-
Church and school distance
over 100 seats $4,650
system allowed by State
same as what is proposed
beer license for $556 that does
and perinit fees.
day, four three -day, six two -day, or 12 one -day
restrictions are 300 feet or
St. Paul
287,410
100 seats or less $4,200
Statutes for St Paul and
in this report for
not require licensee to have a
temporary licenses, in any combination not to
one -half mile from an
On -Sale 32 $556
Minneapolis.
Maplewood with additional
3.2° -6 and a wine license
exceed 12 days per year for the sale of non-
existing off sale. 300 feet
Off -Sale 3.2 $176
restrictions with fees from
intoxicating malt liquor to any one Location
from park, residence and
On -Sale Wine $1 -730
$217 - $2.500
within the City for a 12 month period.
day care facilities.
On -Sale $4,479
City allows 20
Typical licenses —
Strong beer can be sold when
Adopted State Statutes allowing for catering
The City will not anflrorize more than three foru-
There are no church or
On -Sale 3.2 $350
Intoxicating licenses
entertainment license is
both a 3 2 and all on -sale wine
but do not have a "local' permit or a fee.
day, four three -day =, six two -day, or 12 one -day
school distance restrictions
West St.
19,481
Off-Sale 3.2 $100
$100.
license is held for no additional
temporary licenses, in any combination not to
Paul
Wine On -Sale $750
fee if gross receipts of sales of
exceed 12 days per year for the sale of non -
Licenses are categorized:
food is at least 60 %.
intoxicating malt liquor to any one Location
On -Sale, Tavern or
within the City for a 12 month period.
Restaurarrt
On -Sale $3,200
18 intoxicathrg licenses
No entertainment licenses
Strong beer can be sold when
Do not have a local permit
No limits on intoxicating or 32°, o licenses
There are no church or
White Bear
24,922
On -Sale 32 $175
on restrictions to the
or categories of licenses
both a 32 and an on -sale wine
school distance restrictions
Lake
Off -Sale 3.2 S75
number of off -sale
license is held for no additional
Wine On -Sale $250
fee
On -Sale $10.000
19 Intoxicating licenses
Do na have an
Strong beer can be sold when
Adopted State Statutes allowing for catering
No lhnit on non profits. $50 per day for
There are no church o
On -Sale 3.2 $500
allowed and 10 Off-Sale
entertainment license and
both a 3 2 and all on -sale wine
but do not have a "local' permit or a fee.
intoxicating and $25 per clay for 32%
school distance restrictions
Woodbury
50,050
Off -Sale 32 $100
licenses allowed
only have restaurants,
license is held for no additional
Agenda Item D2
TO:
City Council
FROM:
Greg Copeland, City Manager
SUBJECT:
HRA Vacancies
DATE:
August 10, 2006
The Housing and Redevelopment Authority ( HRA) was organized in Maplewood under
M. S. 469. in 1975.
State law provides for appointment of up to seven commissioners, while past practice in
Maplewood has been for there to be only five commissioners appointed to five year
terms.
The terms of all five HRA Commissioners have expired.
COMMISSIONER
FIRST
APPOINTED
DATE OF LAST
REAPPOINTMENT
TERM EXPIRED
Lorraine Fischer
1975
May 1996
2001
Tom Connelly
1984
May 1996
2001
Joe O'Brien
1996
n/a
2001
Gary Pearson
1989
June 1994
1999
Beth Ulrich
2000
nla
2005
The statute states commissioners shall be appointed by the Mayor with the approval of
the governing body.
This office sent letters to all five of the previously appointed commissioners with an
application to be returned by those seeking a reappointment. Commissioner Gary Pearson
was as of this date the only current HRA member to return a completed application
seeking reappointment.
This office also sent letters on July 31, 2006 to seven citizens who had previously made
an application for appointment. Two of those citizens withdrew their applications due to
other commitments they have made.
Kimberly Anne Berry called to indicate she could not attend the scheduled interview on
August 14, 2006, but wanted to be considered for appointment and would be available for
an interview in a future date.
Active applicants seeking their first appointment:
Joy Tkachveh Lee Pao Xiong
Jeffery James Kimberly Anne Berry
James Dykes
MAY - 1 2006
NAME
ADDRESS
PHONE NO. Work:
CITY OF MAPLEWOOD
BOARDS AND COMMISSIONS
APPLICANT INFORMATION FORM
Home:
DATE
1) How long have you lived in the City of Maplewood? 9 * 4
ye4o- 2--•��
2) Will other commitments make regular attendance at meetings difficult? Yes No ,k
Comments:
3) On which Board or Commission are interested in serving? (please check)
Community Design Review Board Park & Recreation Commission
Housing & Redevelopment Authority Planning Commission
Human Relations Commission Police Civil Service Commission
Environmental Committee Historic Preservation Commission
4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities?
5) List other organizations or clubs in the Community in which you have been or are an active participant:
6) Why would you like to serve on this Board or Commission?
C=
N�T
1 0 S
ADDITIONAL C
THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC
EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS.
Return or mail this application to: City of Maplewood, 1830 County Road 8 East, Maplewood, MN 55109
SAM & Commissions Application.doc 03/1901
�7 �-r� -- , � r��'''1G� -r� ��- ..-e.- �'' / t ,� roc
��
/' �
� � �� ��� f
� � ����
CITY OF MAPLEWOOD BOARDS AND COMMISIONS '"NECEIVED
APPLICANT INFORMATION FORM i'%]i'%Y 2 3 2006
Name: Jeffrey A. James
Address: 2593 Mailand Rd. E, Maplewood MN, 55119
Phone Number: Work: Home:
Email:
1) How long have you lived in the City of Maplewood?
have lived in Maplewood for a little over one year. My wife and I relocated from the
Chicago, IL area for a promotion which I received (see attached resume for complete
professional history).
2) Will other commitments make regular attendance at meetings difficult?
No, my job requires me to travel approximately five weeks a year. In fact, one of the
reasons I'm interested in the Housing and Redevelopment Authority Committee is that I do have
a fair amount of free time to devote. I am 32 years old, relatively new to the area, and my wife
and I do not have any children. My career in the commercial motor vehicle safety field, has
required me to re-locate a number of times. I do expect, however, to hold my current position in
St. Paul, MN for a long time. These factors, along with my interest in becoming involved with
the community, will provide me ample time to contribute.
3) On which Board or Commission are you interested in serving?
• Housing & Redevelopment Authority (I" choice)
• Planning Commission (2 choice)
4) Do you have any specific areas of interest within this Board's or Commission's scope of
responsibility?
I do not have any professional or personal economic interest in the decisions or
recommendations that the committee may provide. My interest in becoming a member really
stems from my interest in government.
I have worked in both the State and Federal governments for the past ten years (see
attached resume far more details). While I have held a variety of positions, my career track has
been devoted to the commercial motor vehicle safety arena. For the most part, this is a state and
federal matter.
My educational experience, however, was primarily geared toward local government and
non-profit organizational issues. I received my Masters of Public Administration degree at the
University of Wisconsin Oshkosh, and the bulk of the work and research lent itself to this. Being
a part of this committee would satisfy my interests to learn more about and be apart of the local
government matters which really do interest me.
Regarding the housing and re-development topic specifically, I am interested. Having
lived and worked in various Midwestern communities (Milwaukee, Chicago) I would bring a
well rounded perspective to the matters the committee faces. I have take great pride in the
communities in which I have decided to live and keep aware of the environment they are in. I
am a home owner in Maplewood and recognize the residential needs and concerns, yet I am also
aware of the economic vitality (opportunities or threats) which face this first-ring suburb.
5) List other organizations or clubs in the community in which you have been or are an
active participant.
Being relatively new to Minnesota I have not been a part of other community clubs or
organizations aside from athletic groups.
6) Why would you like to serve on the Board or Commission?
As previously mentioned, government operations is an interest of mine. I have spent my
entire career to this point (10 years) working in either state or federal government. I find my
professional career very rewarding and look forward to working the rest of my career in the
commercial motor vehicle transportation safety field. The bulk of my graduate studies, however,
was spent on local government topics, and I am equally interested in the policies which face
localities versus federal and state subjects. Becoming involved in a city council advisory
committee is something I'd Re to do.
I think my background would allow me to be an asset to the HRA. I do have extensive
experience in working with and enforcing state and federal regulations (please see attached
resume). I would adapt nicely to reading and understating the various housing related codes and
ordinances which undoubtly confront this committee.
Additionally, housing and planning issues are community topics which interests me most,
second only to transportation related issues. I am a homeowner in Maplewood and feel that I
understand its place and direction in the larger twin city metro area as I looked into many
communities during my relocation to Minnesota from Chicago in early 2005.
One small example of my interest in government operations is that I have been a long
time subscriber and avid reader of Governing Magazine (htW://www.goveming.coniL/). This
publication bills itself as a resource for states and localities- Housing and other planning issues
are often at the forefront of this periodical which does well in keeping readers abreast of current
topics and trends in local and state government.
7) ADDITIONAL COMMENTS
If I am selected to become a member, you would find interest and contributions to be
genuine. I am young (32), energetic, and would ask lots of questions in order to ensure that
quickly get up to speed and be a valuable, contributing asset to the city. Please feel free to
contact me to discuss my qualifications, intentions, or the opportunity to participate.
Jeffrey James
2.593 Mailand Rd, Maplewood, MN 55119
Work Experience;
U.S. Department of Transportation — Federal Motor Carrier Safety AdministratiGn
(FMCSA);
The FMCSA is a federal agency responsible for regulating commercial motor vehicle transportation
(Trucks, Buses, and other surface transportation related entities). http. / /www.fmcsa.dot.g_ovl
State Programs Manager (Grants Manager) JFMCSAJ
March 2005 — Current (St. Paul, MY)
• My main responsibility in this position is to be the day-to-day liaison with the State of
MN. The majority of FMCSA's programs are implemented via State personnel through
grants. It is my job to be the first line oversight over the grants with the State of MN.
• Currently, our agency has 12 grants with three Minnesota state agencies totaling
approximately 13 million dollars.
• Other job responsibilities include being a technical, regulatory reference to our internal
staff and the public.
Information Analyst fFMCSA)
December 2002 — March 2005 (Chicago, IL)
• My primary responsibility in this position was to be an "information extractor" from my
agency's vast and robust oracle databases. Information and analysis reports were then
provided to agency leadership/management regarding policy, employee evaluation, and
regulatory decisions. Data is extracted via structured query language (SQL) and
information and analysis reports communicated via crystal web pages, spreadsheets, and
written documents.
• This job also involved being the lead on "peer reviews" of each division office. The peer
review encompassed division office compliance with policy, quality, and productivity.
Motor Carrier Safety Specialist (Safety Investigator) fFMCSA)
December 1999 — December 2005 (Milwaukee, WI)
• My primary responsibility in this position was to review motor carriers (trucking or bus
companies) for compliance with the myriad of federal safety and economic regulations.
Regulations include:
• the hours of service limitations for commercial motor vehicle drivers
• drug and alcohol testing requirements
■ driver qualification rules (proper license, medical certification,
■ vehicle maintenance
• insurance standards
■ hazardous material transportation rules
■ other safety regulations
03/10/20e5 16:11 G7331 @t5 PUBLIC t4DPVS SAFETY PAGE 01
CITY OF MAPLEWOOD
BOARDS AND COMMISSIONS
APPLICANT INFORMATION FORM
NAME
ADDRESS
PHONE NO. Work: Home: DATE
I How long have you lived in the City of Maplewood?
2) Will other commitments make regular attendance at meetings difficult? Yes No
Comments:
3 On which Board or Commission are interested in serving! (please check)
,4—
Community Design Review Board Park & Recreation Commission
Housing & Redevelopment Authority Planning Commission
Human Relations Commission Police Civil Service Corrunission
Y— Environmental Committee Historic Preservation Commission
4) Do you have any specific areas of interest within this Board's or Conunissiou's scope of responsibilities?
7
q((
5) L other organizations or clubs in the Community in which you have bttn or are axi active participanv
�T - ) - (-1 0 ' r.11 b 6 1-- � - � (7 ' /1 r 1 �
6) Why would you like to serve on this arlard or Conuilission? V o n � \
r o,,j f3 S' Cf (?y >' ) UA � 5, e
ADDITIONAL COMMENTS: 0 V e ll .7, S
THE INFORMATION CONTAINED IN THIS APPLICATION SMALL BE CLASSIFIED AS PUBLIC
EXCEPT FOR HOME AND-WORK TELEPHONE NUMVERS.
Return or mail this application to: City of Mnplafvaod, In" County Road ft East, maplowoo4k FAN 55109
:Ocn_mcls1lloordl a C4 mfy. hwkmj..c QY16/0.
CITY OF MAPLEUD•D
BOARDS AND COMMISSIONS
APPLICANT INFORMATION FORM
NAME Li-i- P
A-o Xjo--j&—
ADDRESS
PHONE NO. Work: Home: DATE
1) How long have you lived in the City of Maplewood? "� QL 1 kL-44,,,-r
1
2) Will other commitments make regular attendance at meetings difficult? Yes No/k_
Comments:
3) On which Board or Commission are interested in serving? (please check)
Community Design Review Board Park & Recreation Commission
Housing & Redevelopment Authority Planning Commission
Human Relations Commission Police Civil Service Commission
Environmental Committee Historic Preservation Commission
4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities?
tj 0 - �t 5 aA,.& AJ, 6,A144P P%-4 15, 5 LAZ S
5) List other organizations or clubs in the Community in which you have been or are an active participant
6) Why would you like to serve on this Board or Commission?
W
ft Z&,t 4 WAn ,� 1j -1 L . 1 4 *, G. Al O.M4 +7
• 1. A4 a-jm?- t A
As * FoAao-&
,ASAIL S-1 "01+4, ' ' ::K—
ADDITIONAL COMMENTS:
THE INFORMATION CONTAINED IN THIS APPLICATION SMALL BE CLASSIFIED AS PUBLIC
EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS.
Return or mail this application to. City of Maplewood, 1830 County Road 0 East, Maplewood, MN 55109
S:�CTY_MGWBowds& Commissions Applkation.doc 03118104
J U f , 4 1 0 2 33
Lee Pao Xiong
St. Paul, Minnesota
Lee Pao Xiong is the Director of the Center for Hmong Studies at Concordia
University, St. Paul
Prior to joining Concordia University, St. Paul, he served as the Director of
Housing Policy and Development for the City of Minneapolis, President and
CEO of The Urban Coalition, Director of Government and Community
Relations for Concordia University-St. Paul, Executive Director of the State
Council on Asian-Pacific Minnesotans, Executive Director of the Hmong
American Partnership, Hmong Youth Association of Minnesota, Legislative
Clerk for Minnesota State Senator Joe Bertram, Jr., and Legislative Intern
for US Senator Carl Levin of Michigan in Washington, DC.
From 1997 to 2003, Lee Pao represented the City of St. Paul, City of Lauderdale and City of
Falcon Heights on the Metropolitan Council as an appointee of Minnesota Governor Jesses
Ventura. As a Council member, Lee Pao chaired the Livable Communities Committee, which
provided over $10 million a year to cities and counties for affordable housings productions and
brown field clean up.
In 2000, President William Jefferson Clinton appointed Lee Pao Xiong to serve on the President's
Advisory Commission on Asian-Americans and Pacific Islanders to advise the president and
federal agencies on issues relating to the 10 plus million Asian Americans in the United States,
making him the first Hmong presidential appointee in the nation.
Lee Pao currently serves on the Board of Directors of the Minnesota Private College Council,
Chair and founder of the Asian Development Corporation, Region Hospital, National Asian
Pacific American Families Against Substance Abuse (NATAFSA), and University National Bank
in St. Paul.
Lee Pao has won numerous awards for his services to the community. He was a recipient of the
2003 Hmong Chamber of Commerce Community Leadership Award, the 2003 James P. Shannon
Leadership Fellowship, the 2001 State Council on Asian-Pacific Minnesotans' Asian-Pacific
Leadership Award, the 2000 NAFEA's Outstanding Services to the S.E. Asian Communities
Award, the 1999 Lao-Hmong American Coalition's Political and Community Leadership Award,
the 1999 Bush Leadership Fellowship, recipient of the 1997 St. Paul Companies' Leadership
Initiative in Neighorhood Award (LIN), a 1997 McKnight Fellow to the Salzburg Seminar in
Austria, and a 1993 Fellow to the Okura Mental Health Leadership Foundation in Washington,
DC. He was also inducted into the Como Park High School Hall of Fame in St. Paul, Minnesota
where he graduated in 1985.
Because of his work and accomplishments, he has been profiled and quoted in numerous
publications such as the Far Eastern Economic Reviews, StarTribune, St. Paul Pioneer Press and
many others.
Lee Pao received his Bachelor of Science degree in Political Science from the University of
Minnesota and his Master of Arts degree in Public Administration from Hamline University.
Presently he is pursuing his Doctorate.
MAY 3 0 2005
CITY OF MAPLEWOOD
BOARDS AND COMMISSIONS
APPLICANT INFORMATION FORM
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PHONE NO. Work: Home: DATE
1) How long have you lived in the City of Maplewood?
Q,
2) Will other commitments make regular attendance at meetings difficult? Yes No
Comments:
3) On which Board or Commission are interested in serving? (please check)
Community Design Review Board Park & Recreation Commission
Housing & Redevelopment Authority Planning Commission
Human Relations Commission Police Civil Service Commission
Environmental Committee Historic Preservation Commission
4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities?
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5) List other organizations or clubs in the Community in which you have been or are an active participant;
6) Why would you like to serve on this Board or Commission?
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ADDITIONAL COMMENTS:
THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC
EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS.
Return or mail this application to: City of Maplewood, 1830 County Road 0 East, Maplewood, MN 55109
SACTY arils & Com—,j—s APPIn-Im doc 03/1 W04