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HomeMy WebLinkAbout10-23-2006 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 23, 2006 Council Chambers, City Hall Meeting No. 06-27 A. CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 7:00 P.M. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA L6. Remove item from agenda-The developer has withdrawn the request for the project at this time. Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes-All E. APPROVAL OF MINUTES 1. Minutes from the October 9, 2006 Council/Manager Workshop Councilmember Juenemann moved to approve the minutes from the October 9, 2006 Council/Manager Workshop as presented. Seconded by Councilmember Hjelle Ayes-All 2. Minutes from the October 9, 2006 City Council Meeting Councilmember Cave moved to approve the minutes from the October 9, 2006 City Council Meeting as presented. Seconded by Councilmember Hjelle Ayes-All F. VISITOR PRESENTATIONS 1. Bob Zick, 2231 Penn Place, N. St. Paul, Mr. Zick asked questions of council regarding the timeline of the City Attorney appointment. 2. Nancy Lazaryan, 10734 West Lake Road, Rice, distributed a recently filed legal document and asked if she would be allowed to speak during an item under administrative presentations. Mayor Longrie explained the city’s procedure for administrative presentations. City Council Meeting October 23, 2006 1 3. Bob Zick, second appearance, commented on the title insurance company Ms. Lazaryan referenced and the usage of the City Attorney title. City Attorney Kantrud explained the semantics of the title “city attorney.” 4. Bill Kayser, 6408 Avenue North, Brooklyn Park, shared what he felt were improper claims by an individual representing the City of Maplewood. G. APPOINTMENTS/PRESENTATIONS None H. PUBLIC HEARINGS None I. CONSENT AGENDA Councilmember Juenemann moved to approve consent agenda items 2, 4, 6-9, 11, 15 and 17. Seconded by Councilmember Hjelle Ayes-All Councilmember Hjelle moved to approve consent agenda item 1. Councilmember Juenemann asked staff to itemize Mr. Bethel and Associates bill in the amount of $8,829.20 and distribute to council. Seconded by Councilmember Cave Ayes-All Councilmember Rossbach moved to approve consent agenda item 3 with the request that staff research the cost of a User Fee Study and that City Clerk Guilfoile submit to council a comparison of user fees from comparable cities that have had a recent fee study. Seconded by Councilmember Hjelle Ayes-All Mayor Longrie moved to approve consent agenda item 5. Seconded by Councilmember Rossbach Ayes-All Mayor Longrie moved to approve consent agenda item 10. Seconded by Councilmember Rossbach Ayes-All Councilmember Juenemann moved to approve consent agenda item 12. Seconded by Councilmember Hjelle Ayes-All Mayor Longrie moved to approve consent agenda items 13 and 14. Seconded by Councilmember Hjelle Ayes-All Councilmember Cave moved to approve consent agenda items 16. Seconded by Councilmember Hjelle Ayes-All City Council Meeting October 23, 2006 2 1. Approval of Claims ACCOUNTS PAYABLE: $ 327,781.43 Checks # 71019 thru # 71069 dated 10/03/06 thru 10/10/06 $ 690,050.11 Disbursements via debits to checking account dated 09/29/06 thru 10/04/06 $ 181,439.57 Checks # 71070 thru # 71124 dated 10/11/06 thru 10/17/06 $ 344,543.19 Disbursements via debits to checking account dated 10/05/06 thru 10/12/06 $ 1,543,814.30 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 439,940.34 10/06/06 $ 2,215.25 Payroll Deduction check # 106405 thru # 106406 dated 10/06/06 $ 442,155.59 Total Payroll $ 1,985,969.89 GRAND TOTAL 2. Closure of COPS MORE Grant Fund Authorized the transfer of $90.04 from the COPS MORE Grant Fund to the General Fund, to close the fund authorized the appropriate budget changes. 3. Increase in Records, Elections and License Department Service Charges Approved the proposed revisions to the City Clerk services charges and requested that staff research the cost of a User Fee Study and submit to council a comparison of user fees from comparable cities that have had a recent fee study. 4. TH 61 Improvements (Beam to 694), City Project 03-07, Approve Reimbursement to Guldens for Irrigation System Repair Approved payment of $7,294.00 to Gulden’s for reimbursement of the cost to replace their lawn irrigation system and parking lot striping due to road construction as part of City Project 03-07, T.H. 61 Improvements. City Council Meeting October 23, 2006 3 5. Cottagewood Public Improvement, City Project 06-10, Resolution for Modification of the Existing Construction Contract, Change Order 1, and Payment of St. Paul Regional Water Services Adopted the following resolutions directing the modification of the existing construction contract for the Cottagewood Public Improvements, City Project 06-10, as well as the payment of SPRWS for its’ time and materials associated with the above referenced project: RESOLUTION 06-10-127 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-10, CHANGE ORDER 1 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 06-10, Cottagewood Public Improvements, and has previously approved a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 06-10, Change Order No. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, RD MINNESOTA THIS 23 DAY OF OCTOBER, 2006 that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of $16,200.00. The revised contract amount is $130,819.11 2. The mayor and city clerk are hereby authorized and directed to make payment to St. Paul Regional Water Services for time and materials associated with the Cottagewood Public Improvement, City project 06-10, in an amount not to exceed $16,200.00. This payment shall occur following the satisfactory completion of said work. 6. County Road D Improvements (White Bear to McKnight), City Project 01-15, Acceptance of Project and Approve Final Payment on Construction Contract Adopted the following resolution for acceptance of the project and release of retainage in the amount of $7,516.03: RESOLUTION 06-10-128 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the County Road D (White Bear Avenue to McKnight Road) project, City Project 01-15, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 01-15 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. 7. County Road D West Improvements (TH 61 to Highpoint), City Project 02-08, Resolution for Modification of Existing Construction Contract (Change Orders 5-revised and 9)County Road D East Improvements (TH 61 to Southlawn), City Project 02-07, Resolution for Modification of Existing Construction Contract (Change Orders 29-31) City Council Meeting October 23, 2006 4 RESOLUTION 06-10-129 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-08, CHANGE ORDER NUMBERS 5-REVISED AND 9 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-08, County Road D West Improvements (TH 61 to Highpoint), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-08, Change Order Nos. 5- revised and 9, as an increase to said contract by an amount of $18,248.05.00, such that the new contract amount is now and hereby established as $753,748.20. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 5-revised and 9, as a contract increase in the amount of $18,248.05. The revised contract amount is $753,748.20. No revisions to the project budget are proposed at this time, as these changes fall th , 2005. within the revised budget approved by city council on December 12 8. Springside Drive Improvements, City Project 03-36, Resolution Approving Final Payment and Acceptance of Project RESOLUTION 06-10-130 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Springside Drive Improvements project, City Project 03-36, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 03-36 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. 9. Public Works Building Addition, City Project 03-19, Authorization to Pay for Office Equipment Approved payment of $13,403.93 to Intereum Inc.for furniture for the Public Works Building Addition. 10. Hazelwood Area Street Improvements, City Project 03-18: Resolutions for Acceptance and Final Payment of Project RESOLUTION 06-10-131 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Hazelwood Area Street Improvements, City Project 03-18, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 03-18 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. City Council Meeting October 23, 2006 5 11. Conditional Use Permit Review – Commercial Equipment Parking and Storage (65 Larpenteur Avenue) Approved to review the conditional use permit for the parking and storage of commercial vehicles for the property at 65 Larpenteur Avenue again in one year. 12. 2006 Justice Assistance Grant (JAG) Authorized the Police Department to accept $11,091 in grant dollars to be used by the Police Department. 13. Authorization to Purchase Cisco Wireless Equipment for Infrastructure Authorized the purchase of Cisco Wireless equipment in the amount of $18,950. 14. Approval to Purchase Digital A/V Mixer for Council Chambers Update Authorized the purchase of equipment from Alpha Video in the amount of $5,970 for the upgrade to the council chambers. 15. Temporary Gambling Resolution – Church of the Presentation of the Blessed Virgin Mary RESOLUTION 06-10-132 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 16. Acceptance of Donations-Police Department Authorized the Police Department to accept donations from District 622 Communities Partnership ($250) and the North Maplewood Lioness Club ($100) to defray costs for the th Protecting Children from Sexual Offenders seminar being held on October 28. 17. Kenwood Area Street Improvements, City Project 05-16, Approve Driveway Reimbursement Approved payment of $8,963.00 to the property owner at 2005 Kenwood Drive East for paver driveway apron replacement due to road reconstruction as part of city project 05-16, Kenwood Area Street Improvements. J. AWARD OF BIDS 1. Award of Bid for Priory Trail Construction a. Parks and Recreation Director Anderson presented the report. City Council Meeting October 23, 2006 6 Councilmember Juenemann moved to award the bid of $27, 437.75 to Trail Source, LLC with the monies allocated from the city P.A.C. fund. Seconded by Councilmember Hjelle Ayes-All K. UNFINISHED BUSINESS 1. Gladstone Area Redevelopment a. Finance Director Faust presented the report. b. Mary Ippel of Briggs and Morgan was present to answer council questions about tax-increment financing. Councilmember Rossbach moved to adopt the following resolution making certain findings with respect to substandard buildings: RESOLUTION 06-10-133 MAKING CERTAIN FINDINGS WITH RESPECT TO SUBSTANDARD BUILDINGS WHEREAS, the City of Maplewood (the “City”) intends to undertake a redevelopment project in the City (the "Redevelopment Project"); WHEREAS, a part of the Redevelopment Project involves the demolition and clearance of certain blighted buildings (the "Buildings") described on Exhibit A attached hereto located on certain parcels also described on Exhibit A attached hereto (the "Parcels"); WHEREAS, the City intends to create a tax increment financing district including the Parcels as a "redevelopment district"; WHEREAS, the deteriorated condition of the Buildings creates a health and safety concern necessitating the demolition of the Buildings prior to the creation of a tax increment financing district; WHEREAS, Minnesota Statutes, Sections 469.174 to 469.1799 (the "Tax Increment Act") provides that a City may create a tax increment financing district (a "TIF District") as a "redevelopment district" if the City finds by resolution that parcels consisting of 70% of the area of the TIF District are occupied by buildings, streets, paved or gravel parking lots or other similar structures, and more than 50% of the buildings, not including out buildings, are structurally substandard to a degree requiring substantial renovation or clearance; WHEREAS, Minnesota Statutes, Section 469.174, subdivision 10(d), provides, among other things, that a parcel may be deemed to be occupied by a structurally substandard building if (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the TIF District with the county auditor; (2) the substandard building was demolished or removed by the City, the demolition or removal was financed by the City or was done by a developer under a development agreement with the City; and (3) the City found by resolution, before the demolition or removal, that the parcel was occupied by a structurally substandard building and that after demolition and clearance the City intended to include the parcel within the district. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. At least 15% of the area of the Parcels is occupied by the Buildings or other buildings, streets, paved or gravel parking lots or other similar structures. City Council Meeting October 23, 2006 7 2. The Buildings are "structurally substandard" within the meaning of Minnesota Statutes, Section 469.174, subdivision 10. The reasons and supporting facts for this determination are on file with the staff of the City. 3. The developer of the proposed project intends to demolish the Buildings and the City intends to subsequently include the Parcels in a redevelopment tax increment district established pursuant to Minnesota Statutes, Section 469.174, subdivision 10, which TIF District, if established, shall be established within three years of the date hereof. 4. Upon filing the request for certification of the tax capacity of the Parcels as part of the TIF District, the City will notify the county auditor that the original tax capacity of the Parcels must be adjusted as provided in Minnesota Statutes, Section 469.177, subdivision 1, paragraph (f). rd Passed and adopted by the City Council of the City of Maplewood, Minnesota, this 23 day of October, 2006. EXHIBIT A Description of Buildings: The buildings within the parcel consist of the following types of improvements: 15 residential rental structures, 1 office/residential rental structure, and 1 common shower/bathroom structure. Description of Parcels: That part of Government Lot 2, Section 16, Township 29, Range 22, Ramsey County, Minnesota, which lies Southerly of Frost Avenue as described in Document No. 1999021 Westerly of Frost Avenue Connection as described in Document No. 1999021, Northerly of East Shore Drive as described in Document No. 357903, and Northeasterly of a line described as commencing at the center of said Section 16, thence South 89 degrees 32 minutes 38 seconds West, assumed bearing, along the North line of said Government Lot 2, 1130.00 feet, to the point of beginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East Shore Drive, said angle point being 658.56 feet westerly of the East line of said Government Lot 2 as measured along the North line of said East Shore Drive, and said line there terminating. PIN #162922310024. Subject to easements of record. Seconded by Councilmember Hjelle Ayes-Councilmembers Cave, Hjelle, Juenemann and Rossbach Nay-Mayor Longrie 2. Electric Franchise Tax Increase Ordinances – Second Reading a. Finance Director presented the report b. Collette Jurek, Xcel Energy, was present for council questions. Councilmember Juenemann moved to adopt the second reading of the Electric Franchise Tax Increase Ordinance (excluding the proposed rates) to bring back to council at the November 13, 2006 City Council Meeting. Seconded by Mayor Longrie Ayes-All Councilmember Juenemann moved to adopt the second reading of Schedule A. City Council Meeting October 23, 2006 8 Seconded by Councilmember Rossbach Ayes-All Councilmember Juenemann moved to adopt the second reading of Schedule A excluding the proposed rates and reflecting the rates negotiated by staff and Xcel Energy to be brought back to council November 13, 2006. Seconded by Mayor Longrie Ayes-All 3. Audit Contract a. Finance Director presented the report. Councilmember Hjelle moved to approve a five-year contract with HLB Tautges Redpath, Ltd., for auditing services to be approved at a total all-inclusive maximum price of $169,800. Seconded by Councilmember Juenemann Ayes-All 4. Jensen Estates Improvements, City Project 05-15, Approval of Plan for Trail Connection to Currie Street (2320 Hoyt Avenue) a. Public Works Director Ahl presented the report. b. Kelly Conlin, Home Sites Development, Grant Township, explained his absence from the September meeting and answered council questions. Councilmember Rossbach moved to approve the construction of the trail as provided in the Hedlund Engineering revision on 10/12/06 in order to meet the trail special condition set forth for this development. Seconded by Councilmember Hjelle Ayes-All 5. Code Revisions Alcoholic Beverages – Second Reading a. REaL Director Guilfoile presented the report. Councilmember Rossbach moved to adopt the attached second reading of the Code Revisions for Alcoholic Beverages. Seconded by Councilmember Hjelle Ayes-All Councilmember Juenemann asked that the record reflect that she was sorry the distance requirement from schools was removed from the ordinance. L. NEW BUSINESS 1. TH 5 – 120 MnDOT Property, City Project 03-20, Task Force Report and Authorization to Proceed with Study of Marshlands Proposal a. Public Works Director Ahl presented the report. b. The following persons were heard: Joe Peschges, President of Hill-Murray School Association Ron Cockriel, 943 Century Avenue, Maplewood Chris Roy, North Area Manager, MnDOT Paul Holmes, Architect for the site City Council Meeting October 23, 2006 9 Councilmember Rossbach moved to pursue the Marshland Concept for the area and approved the allocation of $30,000 to proceed with the study and directed staff to submit a project expense memo to council in $10,000 increments. Seconded by Councilmember Juenemann Ayes-All 2. Kenwood Area Street Improvements, City Project 05-16, Resolution for Modification of Existing Construction Contract (Change Orders 9-11) a. Public Works Director Ahl presented the report. Councilmember Rossbach moved to adopt the following resolution directing the modification of the existing construction contract for the Kenwood Area Neighborhood Street Improvements, City Project 05-16, Change Orders 9, 10, and 11: RESOLUTION 06-10-135 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 05-16, CHANGE ORDER 9, 10 and 11 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05-16, Kenwood Area Neighborhood Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 05-16, Change Order Nos. 9, 10 and 11. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 3. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 9, 10 and 11 in the amount of $167,763.96. The revised contract amount is $4,633,966.30 4. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $5,535,545.88 shall be established. The proposed financing plan is as follows: Assessments: $ 1,454,620.00 Ramsey Wash Watershed District: $ 92,700.00 Sanitary Sewer Utility Fund: $ 567,846.46 SPRWS Obligation: $356,096.41 WAC Fund $ 80,000.00 Environmental Utility Fund $ 345,103.01 Investment Interest: $ 60,000.00 Debt Service levy: $ 2,579,180.00 Total $ 5,535,545.88 Seconded by Councilmember Hjelle Ayes-All 10:00 p.m. a 10 minute break was taken. 3. Preliminary Plat - Legacy Town houses (County Road D – Kennard Street to Hazelwood) a. Planner Roberts presented the report. b. Patrick Sarver, Hartford Group, was present for council questions. City Council Meeting October 23, 2006 10 Councilmember Rossbach moved to approve the preliminary plat submitted by the applicant for townhomes at Legacy Village subject to the following four conditions: 1. The applicant shall comply with the requirements in the city’s engineering report dated September 19, 2006. 2. The applicant shall sign a developer’s agreement with the city engineer before the issuance of a grading permit. 3. The applicant shall dedicate any easements and provide any written agreements that the city engineer or parks director may require as part of this plat. 4. The applicant shall pay the city escrow for any documents, easements and agreements that the staff may require that may not be ready by the time of plat signing. Seconded by Councilmember Juenemann Ayes-All 4. Use Deed Request (Southeast corner of English Street and County Road B) a. Planner Roberts presented the report. Councilmember Juenemann moved to adopt the following resolution requesting that Ramsey County withhold the parcel on the southeast corner of English Street and County Road B from public sale or auction for six months: RESOLUTION 06-10-134 REQUEST TO WITHHOLD PARCEL FROM PUBLIC SALE WHEREAS, Ramsey County has informed the City of Maplewood of the opportunity for the city to acquire a use deed on a tax forfeited lot. WHEREAS, this property is located at the southeast corner of English Street and County Road B, legally described as follows: LOT 14, BLOCK 12, SABIN ADDITION TO GLADSTONE, RAMSEY COUNTY, MINNESOTA, EXCEPT ROAD RIGHT-OF-WAY. PID # 10-29-22-33-0040. WHEREAS, the City of Maplewood, has the option to request a six-month extension to delay the County’s sale of this parcel to the public. The city can use this time to further evaluate the city’s need for this property and to submit the required documentation for a use deed. NOW, THEREFORE, BE IT RESOLVED that the city council hereby formally requests by that Ramsey County withhold this parcel on the southeast corner of English Street and County Road B for six months from public sale or auction. This will enable the city time to more thoroughly analyze their need for this parcel for public purposes and to submit the necessary application materials requesting the granting of the use deed. Seconded by Councilmember Rossbach Ayes-All 5. South Maplewood Development Moratorium Ordinance (First Reading) a. Planner Roberts presented the report. b. The following persons were heard: City Council Meeting October 23, 2006 11 Ron Cockriel, 943 Century, Maplewood Carolyn Peterson, 1801 Gervais Avenue, Maplewood Ron Cockriel, second appearance Jamie Jensen, Developer, Tyrus Land Company Mayor Longrie moved to adopt the first reading of the South Maplewood Development Moratorium with the following additions to be made to the ordinance: Clarify in the first paragraph that the area under consideration herein referred to as the "South Maplewood Study Area” includes all property south of Carver Avenue, west and east of I494 that are zoned R-1(R) and F (farm). Further specify or clarify in Section 1 (1.03) Purpose that the need to revise the city's zoning ordinance, zoning map, land use map and comprehensive plan may be because of, but not limited to, the 14 issues listed as well as: Add: The financial impact of development on the city under the different land use scenarios. Add: A study of parks and trails connections. Clarify: the listed issue of Mississippi River Critical Area (State and Federal) considerations is separate from the Mississippi National River and Recreational Area (MNRRA) corridor considerations. Add: Mississippi National River and Recreational Area (MNRRA) corridor considerations, Maplewood public policy and initiatives of neighboring communities. Modify: Public utility availability to include "cost and impact on the area". Modify: Open Space to read "Open space connectivity". With regard to the Metropolitan Council requirements it should be expanded to say: pursuant to their Local Land Planning Handbook - including but not limited to the strategies for protecting special resources including solar access, wind energy access, historic preservation and aggregate critical area. Modify: Storm water systems to include "storm water management requirements". Add: The Preservation of housing and lifestyle options. Add: A review of the percentage of R-1(R) acreage to other land acreage for residential purposes. Add: The percentage of R-1(R) housing potential in relation to the other percentage of housing opportunities in Maplewood i.e. single dwelling , 40,000 square foot lots vs 10,000 square foot lots, R-1, R-1(s) small lot, high density, mid density etc. to provide an understanding and comprehension of the housing options within Maplewood. Add: Ramsey/Washington Metro Watershed project considerations and requirements. Add: MnDOT comprehensive trunk highway plan through the area, including traffic/public safety. Add: The Historical objectives that are found in the Maplewood Comprehensive Plan (specifically pages 146-147). Seconded by Councilmember Cave Ayes-Mayor Longrie, Councilmembers Cave and Hjelle Nays-Councilmembers Juenemann and Rossbach Mayor Longrie moved to set the Public Hearing for the proposed moratorium for November 13, 2006. Seconded by Councilmember Hjelle Ayes-Mayor Longrie, Councilmembers Cave and Hjelle Nays-Councilmember Juenemann and Rossbach 6. CarMaxx/Mogren Property Improvements, Beam to County Road D, City Project 06-17 – Approval to Explore Financial Support for Improvements through Tax Abatement Applicant withdrew the request. City Council Meeting October 23, 2006 12 M. COUNCIL PRESENTATIONS 11:45 P.M. Mayor Longrie moved to continue the meeting until all agenda items were addressed. Seconded by Councilmember Cave Ayes-Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach Nay-Councilmember Juenemann N. ADMINISTRATIVE PRESENTATIONS 1. City Attorney Report: Follow-up of Matters Presented to City Council by Nancy Lazaryan on October 9, 2006 City Attorney Kantrud explained a quiet title action process. Mr. Kantrud preferred council not engage in discussion regarding legal issues at future Council Meetings and felt that would also be the advice of council prosecuting the action on behalf of the city. 2. City Attorney Report: Mobile Home Park Closure Requirements Under Minnesota Statutes Discussion was held regarding support for the current residents of the Tourist Cabin Site. City Attorney Kantrud will research the requirements and procedures for a Public Hearing when a Mobile Home Park closes. 3. Addition of Community Solutions Fund to Employee’s Annual Giving Options a. Interim City Attorney Copeland presented the report. Councilmember Rossbach moved to approve the addition of the Community Solutions program to the employee’s annual giving option. Seconded by Councilmember Hjelle Ayes-All O. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:08 a.m. City Council Meeting October 23, 2006 13 Ordinance 875 Chapter 6 ALCOHOLIC BEVERAGES* Article I. In General Sec. 6-1. Proof of age for consumption, purchase or possession. Sec. 6-2. Discrimination by licensee. Licensee's responsibility for acts of employees. Sec. 6-3. Drinking on public streets, lanes or alleys or while trespassing on private property. Sec. 6-4. Fees and charges imposed and fixed by city council. Sec. 6-5 Age to deliver, sell, serve or vend. Sec 6.6. Age to deliver, sell, serve or vend. Sec.6.7 Adoption of State law. Secs. 6-8—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. 6HFV³5HVHUYHG 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. 6-70. Duration. Sec. 6-71. Notice to city of 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 approval. Sec. 6-75 Inspections of premises. 6HF³5HVHUYHG Article III. Intoxicating Liquors Division 1. Generally MAPLEWOOD CODE Sec. 6-106. Definitions Sec. 6-107. Inapplicability. Sec. 6-108. Unlawful sale, furnishing or delivery to certain persons. Sec. 6-109 Reserved. Sec. 6-110. Sales to be in public view. Sec. 6-111. Sales made where prohibited. Sec. 6-112. Drinking in public place, outside events. Sec. 6-113. License required. Sec. 6-114. Tax stamps or labels on containers. Sec. 6-115. Retail sale for beverage purposes of ethyl alcohol or neutral spirits. Sec. 6-116. Hours of sale. Sec. 6-117. Persons eligible for issuance of licenses statement of gross sales. Sec. 6-118. Persons ineligible for issuance of license. Sec. 6-119. Investigations of on-sale applicants for issuance, transfer or renewal of license. Sec. 6-120. 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. 6-123. Posting of licenses. Sec. 6-124. Licenses for drugstores. Sec. 6-125. Issuance of federal permit as condition to license issuance. Sec. 6-126. Responsibilities of licensee for place of business; gambling, prostitution or disorderly conduct; age requirements for employees. Sec. 6-127. Operation of coin-operated amusement devices by minors in barrooms. Sec. 6-128 Reserved. Sec. 6-129. Transfer of license; transfer of corporate stock; change of corporate officers. Sec. 6-130. Suspension or revocation of licenses. Sec. 6-131. Temporary intoxicating liquor licenses for nonprofit organizations. Sec. 6-132. Application for temporary intoxicating liquor license, administrative approval 6HFV³5HVHUYHG Division 2. On-Sale and Off-Sale Licenses Subdivision I. In General Sec. 6-161. Established. Sec. 6-162. Reserved. Sec. 6-163. Sunday sales licenses for on-sale licensees. Sec. 6-164. Application; payment of fee. Sec. 6-165. 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-sale intoxicating liquor license; state approval of bonds. Sec. 6-167. Effect of denial. Sec. 6-168. Bond. Sec. 6-169. Ineligibility of certain premises. Sec. 6-170. Duration. Sec. 6-171. Extent of licensed premises. Sec. 6-172 Alcohol Awareness Training 6HFV³5HVHUYHG Subdivision II. Special Club Licenses Sec. 6-191. Issuance. Sec. 6-192. Sales limited to members only. Sec. 6-193. Fee and application. Sec. 6-194. Applicability of other sections. 6HFV³5HVHUYHG Division 3. On-Sale Wine Licenses Subdivision I. In General Sec. 6-221. Definitions. Sec. 6-222. Required; exceptions. Sec. 6-223. Issuance only to restaurants. Sec. 6-224. Number unlimited. Sec. 6-225. Fee and application. Sec. 6-226. Approval by state. Sec. 6-227. Sale of intoxicating malt liquors with an on-sale wine license Sec. 6-228 Duration 6HFV³5HVHUYHG Subdivision II. Temporary Wine Licenses Sec. 6-251. Issuance to nonprofit organizations. Sec. 6-252. Application and approval of license Sec. 6-253. Applicability of division 4 of article. 6HFV³5HVHUYHG Division 4. Bottle Clubs Sec. 6-281. Definitions. Sec. 6-282. Storage and labeling requirements for intoxicating liquors; age requirement to store, consume, display intoxicating liquor. Sec. 6-283. State permit. Sec. 6-284. Annual license fee. Sec. 6-285. Hours of consumption or display of intoxicating liquor. Sec. 6-286. Inspections. Sec. 6-287. Restrictions on permit approval by council. Sec. 6-288. Inapplicability of division. Sec. 6-289. Violations. Seizure and disposal of intoxicating liquor sold, served or displayed in Sec. 6-290 violation of division. 6HFV³5HVHUYHG Division 5. Maplewood Community Center Sec. 6-316. Sale of intoxicating liquors. Sec. 6-317. Wine licenses. Sec. 6-318. Wine, 3.2 percent malt liquor and intoxicating liquor. ARTICLE I. IN GENERAL Sec. 6-1. Proof of age for consumption, purchase or possession. Proof of age for consuming, purchasing or possessing an alcoholic beverage, the consumption, sale or possession of which is regulated under this chapter by age, may be established only by the following.. (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; (3) a valid passport issued by the United States; or (4) in the case of a foreign national, by a valid passport. State law reference³Similar provisions, Minn. Stats. § 340A.503 .subd.6 (Code 1982, § 5-1) Sec. 6-2. Discrimination by licensee. (a) It is unlawful for a licensee under this subdivision to discriminate against its members, guest of members, customers or employees on the basis of race, creed, color, religion, national origin, sex or disability. (b) It is unlawful for a licensee under this subdivision to use a membership application form containing any questions about race, creed, color, religion, national origin, sex or disability or to make any record of inquiry about race, creed, color, religion, national origin, sex or disability in connection with an application for employment or membership. (Code 1982, § 5-101) State law reference³Similar provisions, Minn. Stats. § 340.410, Subd. 6. 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. 6-4. 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. 6-5. Fees and charges imposed and fixed by city council. Unless expressly provided for in this chapter, the amount of any license, permit, 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 from time to time. Intoxicating liquor license fees may be paid in two equal installments on January 1 and June 15. All fees under this chapter shall be deposited into the general fund of the city. (Code 1982, § 5-6) Sec. 6-6 Age to deliver, sell, serve or vend. (a)It is unlawful for a licensee under this article or WKHOLFHQVHH·VDJHQWVRUHPSOR\HHWRDOORZDSHUVRQ under the age of 18 years to deliver, sell, serve or vend any 3.2 malt liquor or any intoxicating liquor to a person in the city. (b)It is unlawful for a person under the age of 18 years to deliver, sell, serve or vend any intoxicating liquor to a person in the city. (Code 1982 § 5-64) State law reference ² Similar provisions, Minn. State § 340A.412, Subd. 10. Sec. 6-7 Adoption of State law. Except to the extent the provisions of this chapter are more restrictive, the provisions of Minnesota State Chapter 340A, relating to the definition of terms, licensing, consumption, sales hours of sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor, wine and 3.2 malt liquor are adopted and made a part of this chapter as if set out in full. Secs. 6- 8³6-35. Reserved. ARTICLE II. 3.2 PERCENT MALT LIQUORS 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: means any beverage containing more than one-half of one percent alcohol by volume. 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. and mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. means the sale of 3.2 percent malt liquor for consumption off the premises only. includes any individual, partnership, association, trust, institution, corporation, or municipality, and includes also a municipal liquor store. and 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. 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 reference³Similar provisions, Minn. Stats. §§ 340A.101, Subd. 19. Sec. 6-37. Hours of sale and consumption. (a) No 3.2 percent malt liquor shall be sold in the city between 2:00 a.m. and 12:00 noon on Sundays. (b) No on-sale licensee shall permit 3.2 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 2:00 a.m. closing hour to clear the premises of customers who are on the premises at 2:00 a.m., and such customers during that time may consume 3.2 percent malt liquor beverages purchased by them before 2:00 a.m. Minn. Stats §340A.504 Subd 6 State law reference³Sales of nonintoxicating malt liquor, closing hours, Minn. Stats. § 340A.504.Subd 1 & 2 Secs. 6-38-6-65. Reserved. DIVISION 2. LICENSES* Sec. 6-66. Persons eligible to be issued licenses. A 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 types of licenses are issued for the sale of 3.2 percent malt liquors as follows: (1) Annual on-sale license permits the licensee to sell 3.2 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. Temporary 3.2 percent malt liquor licenses for non-profit organizations may be approved by the city manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. Applicant is required to meet with the police chief to discuss measures to eliminate the sale of alcohol to underage person, general security and the city ordinances pertaining to this article. The clerk will also forward to application to the fire marshal for inspection of the premises where applicable. *State law reference³Similar provisions, Minn. Stats. ch. 340A. (2) Annual off-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) Sec. 6-68. Ineligible persons. (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 law 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 reference³Similar provisions, Minn. Stats. § 340A.301 Subd. 4 Sec. 6-69. Ineligible premises. (a) No on-sale or off-sale 3.2 percent malt 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. Sec. 6-70. Duration. Except for a temporary on-sale license issued under this division, all licenses issued under this division run for a calendar year from January 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 reference³Similar provisions, Minn. Stats. § 340A.301, Subd. 5. Sec. 6-71. Notice to city 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 notification to the city. It is the duty of the officers of a corporation holding a license issued under this division to notify the 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 city. The transfer of any stock without the knowledge of the 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 city whenever any change is made in the officers of any such corporation, and the failure to so notify the 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 3.2 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. 6-73. Notice to council of conviction of licensee of violation of article. It is the duty of the police 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 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 for the license by filing a written application with the city clerk. The city clerk must present the application to the police chief for review and to meet with the applicant to discuss measures to eliminate the sale of alcohol to underage persons, general security, retail crime issues and the city ordinances pertaining to this article. The clerk will also forward the applicant information to the community development department for zoning review and to the fire marshal for inspection of the premises where applicable. An application must contain the following: (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 city, 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. (b) Licenses for 3.2 percent malt liquors 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 or if the license holder has failed an alcohol compliance check during the license period. Sec. 6-75. 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) Secs. 6-76³6-105. 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: 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. and mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. 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. means the sale of liquor in original packages in retail stores for consumption off the premises where sold. 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. and mean a corked or sealed container holding liquor. 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. and 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 reference³Similar definitions, Minn. Stats. ch. 340A. *State law reference³Intoxicating 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 reference³Authority for above section and similar provisions, Minn. Stats. §§ 340A.316, 340A.906. Sec. 6-108. 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: (1) Under the age of 21 years. (2) Who is obviously intoxicated. (3) To whom sale is prohibited by this Code or other ordinance of the city or by any law of this state. (Code 1982, § 5-63) State law reference³Similar provisions, Minn. Stats. §§ 340A.502, 340A.503. Sec. 6-109. Reserved. 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 ² 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 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 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. (c) 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. 6-115. 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 II, Standards of Identity for Distilled Spirits. (Code 1982, § 5-70) State law reference³Similar provisions, Minn. Stats. § 340A.506. Sec. 6-116. 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) On 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 10:00 p.m. on Monday through Saturday; (3) on Thanksgiving Day; (4) On Christmas Day, December 25; or (5) after 8:00 p.m. on Christmas Eve, December 24. (Code 1982, § 5-71) State law reference³Hours and days of sale, Minn. Stats. § 340A.504, Subd. 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) The city has the following types of intoxicating liquor licenses: &ODVV$²UHTXLUHGWRPDLQWDLQDWOHDVWDQQXDOJURVVVDOHVLQQRQOLTXRUUHODWHGLWHPV&ODVV%²UHTXLUHG to maintain at least 30% - 59% annual gross sales in QRQOLTXRUUHODWHGLWHPV&ODVV&²HVWDEOLVKPHQWVDUH exempt from the percentage of gross sales in non-liquor related sales but must meet State Statute requirements for Sunday sales. At the earliest practicable time after application is made for a renewal of an on-sale intoxicating liquor or wine license and, in any event, prior to the time that the application is approved by the Council, the applicant shall file with the city clerk a statement made by a certified public accountant that shows the total gross sales and the total food sales for the preceding 12-month period beginning January 1 and ending on December 31. A foreign corporation shall also file a current certificate of authority. New license holders are to provide the first full year of sales as soon as is practicable. Exceptions to this are bowling centers and golf courses that are permitted to include in their 60% gross profit receipts, vending machine sales, bowling and golfing activities and other recreational activities and sales including, but not limited to bowling, bowling equipment, golfing, golf equipment, arcade games and billiards. (Code 1982, § 5-72; Ord. No. 797B, § 1, 7-27-1999) State law reference³Similar provisions, Minn. Stats. § 340A.402 Sec. 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 applies to current license holders sanctioned pursuant to this article. (Code 1982, § 5-72.5) State law reference³Similar provisions, Minn. Stats. § 340A.402. Sec. 6-119. Investigations of on-sale applicants for issuance or renewal of license. (a) The city shall, upon initial application under this article for an on-sale license forward the application to the Police Chief for a background and financial investigation. The application must be in the form prescribed by the state bureau of criminal apprehension and with any additional information as the city council requires. In addition, an investigation may be required prior to renewal of an existing on-sale license when the city council deems it in the public interest. (b) No on-sale license may be issued or renewed under this article if the results of the investigation show that issuance or renewal would not be in the public interest. The findings of the investigation will then be forwarded to the city council for approval or denial. (Code 1982, § 5-73) State law reference³Similar provisions, Minn. Stats. § 340A.412, 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 may be sold. (c) 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, § 5-74) State law reference³Similar provisions, Minn. Stats. § 340A.412, Subd. 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 reference³Similar provisions, Minn. Stats. § 340A.412, Subd. 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, Subd. 3. (Code 1982, § 5-76) State law reference³Similar provisions, Minn. Stats. §§ 340A.301, Subd. 7, 340A.412, Subd. 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 reference³Similar provisions, Minn. Stats. § 340A.410, Subd. 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 reference³Similar provisions, Minn. Stats. § 340A.412, Subd. 7. Sec. 6-125. 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. However, gambling devices may be 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 or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft 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 premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any person. (4) to permit any employee or person to wear or use any device or covering exposed to view which simulates the breast, genitals, anus, pubic hair or any portion thereof. (5) to permit any person to perform acts of or acts which simulate: a. with or upon another person sexual intercourse, sodomy, oral copulation, flagellation or any sexual act which is prohibited by law. b. masturbation or bestiality. c. with or upon another person the touching, caressing or fondling on the buttocks, anus, genitals or female breast. d. the displaying of the pubic hair, anus, vulva, genitals or female breast below the top of the areola. (6) to permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above. (7) to permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (8) to permit the showing of film, still pictures, electronic reproduction or other visual reproductions depicting: a. acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law. b. any person being touched, caressed or fondled on the breast, buttocks, anus or genitals. c. scenes wherein a person displays the vulva or the anus or the genitals. d. scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above. (d) 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 reference³Similar provisions, Minn. Stats. § 340A.412, Subd. 10. Sec. 6-127. Operation of coin-operated 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, § 5-81) Sec. 6-128. Reserved. 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 city. (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 city. It is the duty of the officers of a corporation holding a license issued under the authority of this article to notify the city 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 city given in the manner set forth in this section. The transfer of any stock without the knowledge and consent of the city shall be deemed sufficient cause for revocation by the city 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 city whenever any change is made in the officers of the corporation. Failure to so notify the 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) The city council (a) The city council may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions on a finding that the license or permit holder has: (1) Sold alcoholic beverages to another retail licensee for the purpose of resale; (2) Purchased alcoholic beverages from another retail licensee for the purpose of resale; (3) Conducted or permitted the conduct of gambling on the licensed premises in violation of the law; (4) Failed to remove or dispose of alcoholic beverages when ordered by the state commissionerof public safety to do so under Minn. Stat. § 340A.508, Subd. 3; or (5) Failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. (b) No suspension or revocation takes effect until the license or permit holder has been given an opportunity for a hearing under Minn. Stat. §§ 14.57--14.69, but nothing in this section requires the city to conduct the hearing before an employee of the state office of administrative hearings. Imposition of a penalty or suspension by either the city or the state commissioner of public safety does not preclude imposition of an additional penalty or suspension by the other so long as the total penalty or suspension does not exceed the stated maximum. Imposition of civil penalty does not preclude charging under appropriate criminal statutes by city, county, state or federal agencies. Sec. 6-131. 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 from time to time. The city 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. State law reference³Similar provisions, Minn. Stats. § 340A.404, Subd. 10. Sec. 6-132. Application for temporary liquor license. Application for a temporary liquor license shall be on forms provided by the city clerk and shall contain such information as specified by the city clerk including the following: (1) The name, address and purpose of the organization, together with the full names and addresses of its officers. (2) The purpose for which the temporary license is sought, together with the place, dates, and hours during which intoxicating liquor will be sold. (3) Consent of the owner or manager of the premises or person or group with lawful Responsibility for the premises. (4) An application must be placed on file when it is received by the city clerk who will forward it to the appropriate staff for review. Temporary liquor licenses for non-profits may be approved by the City Manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. Applicant is required to meet with the police chief to discuss measures to eliminate the sale of alcohol to underage person, general security and the city ordinances pertaining to this article. The clerk will also forward to application to the fire marshal for inspection of the premises where applicable. (Code 982, § 5-86) Secs. 6-133³6-160. Reserved. DIVISION 2. ON-SALE AND OFF-SALE LICENSES Sec. 6-161. 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) 6HF5HVHUYHG  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 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 reference³Authority for above section, Minn. Stats. § 340A.504, subd. 2(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 1982, § 5-105) Sec. 6-165. 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 for inspection of the premises. (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 1982, § 5-106) State law reference³Investigation of on-sale license applicants, Minn. Stats. § 340A.412, subd. 2. Sec. 6-166. Surrender of on-sale 3.2 percent malt beverage license before issuance of off-sale 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. (c) 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 reference³Off-sale intoxicating liquor license prohibited for place where nonintoxicating percent malt beverages sold for consumption on premises, Minn. Stats. § 340A.412, Subd. 12. Sec. 6-167. Effect of denial. Should the application for a license under this division be denied, the city clerk shall refund 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) Sec. 6-168. Bond. (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. 6-169. Ineligibility of certain premises. (a) No off-sale license shall be issued under this division for premises located 1,000 feet from an existing off- sale premise. Licensed premises that fall within 1,000 feet of each other before November 1, 2006 shall be exempt from the 1,000 foot requirement until that time that the licensed establishment is sold for a purpose other than an off-sale liquor store. (Code 1982, § 5-110) State law reference³Authority for above section, Minn. Stats. § 340A.412, Subd. 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 reference³Similar provisions, Minn. Stats. § 340A.101, subd. 15. Sec. 6-172. Alcohol Awareness Training Within six (6) months of the initial issuance of a new on-sale, off-sale liquor license or a new wine license, not less that 75% of the employees authorized to serve or sell wine or liquor on the licensed premises shall have completed an alcohol awareness program approved by the police chief. Existing on-sale, off-sale liquor license or wine license holders shall within three (3) months of the passage of this ordinance complete an alcohol awareness program approved by the police chief. The employees authorized to serve or sell alcoholic beverages on the licensed premises shall annually complete an alcohol awareness program approved by the police chief. Secs. 6-173³6-190. Reserved. Sec. 6-191. Issuance. An on-sale 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) Minn. Stats. § 340A.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) Sec. 6-193. 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 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) Sec. 6-194. Applicability of other sections. 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. 6-195³6-220. Reserved. DIVISION 3. ON-SALE WINE LICENSES* 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: means licenses authorizing the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, and in conjunction with the sale of food. Holders of an on-sale wine license are permitted to sell intoxicating malt liquor without an additional license. *State law reference³On-sale wine licenses, Minn. Stats. § 340A.404, Subd. 5. 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. means 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 reference³Similar definitions of the terms "on-sale wine licenses" and "restaurant," Minn. Stats. §§ 340A.101, Subd. 25, 340A.404, Subd. 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-sale intoxicating liquor license issued under division 2 of this article, shall directly or indirectly deal in, sell or keep for sale any wine or intoxicating malt liquor 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 reference³City may issue on-sale wine licenses only to restaurants having facilities for seating at least 25 guests at one time, Minn. Stats. § 340A.404, Subd. 5. Sec. 6-224. Number unlimited. An unlimited number of on-sale wine licenses may be issued under this division. (Code 1982, § 5-129) State law reference³Authority 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, Subd. 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 LVDFFHSWHG1RWLILFDWLRQRQWKHDSSOLFDWLRQVKDOOLQGLFDWHDSSOLFDQW·VLQWHQWLRQWRVHOOLQWR[LFDWLQJPDOWOLTXRU (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 reference³Similar provisions, Minn. Stats. § 340A.404, Subd. 5. Sec. 6-227. Sale of intoxicating malt liquors with an on-sale wine license. A holder of an on-sale wine license issued pursuant to this division whose gross receipts are at least 60 percent attributable to the sale of food, is permitted to sell intoxicating malt liquors at on-sale without an additional license. Sec. 6- 230. Duration. All licenses issued under this division expire on December 31 of each year. (Code 1982, § 5- 134) Secs. 6-231³6-250. Reserved. 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-sale license to sell wine not exceeding 14 percent alcohol by volume and intoxicating malt liquor 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. The city 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. State law reference³Similar provisions, Minn. Stats. § 340A.410 Subd. 10 Sec. 6-252. 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. Temporary wine licenses for non-profits may be approved by the City Manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. The clerk will also forward the application to the fire marshal for inspection of the premises where applicable. Such information shall be 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. The purpose for which the temporary license is sought, together with the place, (2) 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. 6-253. 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. 6-254³6-280. Reserved. DIVISION 4. BOTTLE CLUBS* Sec. 6-281. 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: means a club, as defined in Minn. Stats. § 340A.101, Subd. 7, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, as defined in Minn. Stats. § 340A.101, Subd. 7, and which is not licensed for the sale of intoxicating liquor, either on-sale or off- sale or both. (Code 1982, § 5-146) State law reference³Similar provisions, Minn. Stats. § 340A.414, Subd. 2. Sec. 6-282. Storage and labeling requirements for intoxicating liquors; age requirement to store, consume, display intoxicating liquor. (a) A bottle club holding a permit issued under Minn. Stats. § 340A.414, Subd. 2, may allow members to bring and keep a personal supply of intoxicating liquors in lockers on the club's premises. A bottle club or any unincorporated society which has more than 50 members and which has, for more than a year, owned, hired, or leased space in a building of such extent and character as may be suitable and adequate for its members and which holds a permit issued under Minn. Stats. § 340A.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 of the club. All liquor on the premises of the club must be 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 of such member. (b) It is 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 on any premises owned or controlled by such private club holding a permit issued under Minn. Stats. § 340A.414. (Code 1982, § 5-147) Sec. 6-283. State permit. It is unlawful in the city for a bottle club or for a business 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 of mixing of intoxicating liquor without having first obtained a 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 to Minn. Stats. § 340A.414, subds. 5 and 6, for a period of one year to expire on July 1 next following issuance of such license, and the license must be renewed annually on July 1. The application for such permit must be made to the state commissioner of public safety. (Code 1982, § 5-148) State law reference³Similar provisions, Minn. Stats. § 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, Subd. 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, § 5-149) State law reference³Authority 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, 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 12:00 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 1:00 a.m. and 8:00 p.m. on any state or city primary, special or general election day held in the city. (Code 1982, § 5-150) State law reference³Similar provisions, Minn. Stats. § 340A.411, subds. 5 and 6. Sec. 6-286. Inspections. A bottle club or business holding a permit issued under Minn. Stats. § 340.414 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 reference³Similar provisions, Minn. Stats. §§ 340A.414, Subd. 7, 340A.907. Sec. 6-287. 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 its 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 reference³Similar provisions, Minn. Stats. § 340A.414. Sec. 6-288. Inapplicability of division. This division has no application to a person or a premises licensed for 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 reference³Similar provisions, Minn. Stats. § 340A.414. 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 reference³Similar provisions, Minn. Stats. § 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 reference³Similar provisions, Minn. Stats. § 340A.904, Subd. 1. Secs. 6-291³6-315. Reserved.