HomeMy WebLinkAboutNo 1007 Amending Section 6-130 of the City Code Regarding Liquor Lienses and Adding Provisions Related to the Imposition of Conditions Upon Liquor Licenses in Accordance with State Law1
ORDINANCE NO. 1007
AN ORDINANCE AMENDING SECTION 6-130 OF THE CITY CODE REGARDING LIQUOR
LICENSES AND ADDING PROVISIONS RELATED TO THE IMPOSITION OF CONDITIONS
UPON LIQUOR LICENSES IN ACCORDANCE WITH STATE LAW
The Maplewood City Council ordains as follows:
Section I. The city council of the city of Maplewood hereby amends Article III, Division 2, section
6-130, of the Maplewood code of ordinances as follows:
Sec. 6-130. - Suspension or revocation of licenses; imposition of conditions.
(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
commissioner of public safety to do so under Minn. Stats. § 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. Stats. §§ 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.
(c) When a basis is found to impose reasonable conditions and/or restrictions on a license or
permit issued or held under this code, one or more such reasonable conditions and/or
restrictions may be imposed on such license or permit for the purpose of promoting public
health, safety and welfare; advancing public peace; eliminating conditions or actions that
constitute a nuisance or a detriment to the peaceful enjoyment of life; or promoting security
and safety in nearby neighborhoods. Such reasonable conditions and/or restrictions may
include or pertain to, but are not limited to the following:
(1) A limitation on the hours of operation of the licensed business or establishment or on
particular types of activities conducted in or on said business or establishment;
(2) A limitation or restriction as to the location within the licensed business or establishment
where particular types of activities may be conducted;
(3) A limitation as to the means of ingress or egress from the licensed establishment or its
parking lot or immediately adjacent areas, including requiring the use of appropriate
security measures for ingress and egress;
2
(4)A requirement to provide off-street parking in excess of other requirements of law as
well as providing adequate evidence of the right to use parking that is not located on the
licensee’s property;
(5)A limitation on the manner and means of advertising the operation or merchandise of
the licensed establishment;
(6)Conditions related to the required security elements and procedures necessary for
continued operations;
(7)Requirements related to ensuring adequate training and staffing for security and alcohol
service by any person employed by or under contract with the licensee; and
(8)Any other reasonable condition or restriction limiting the operation of the licensed
business or establishment to ensure that the business or establishment will harmonize
with the character of the area in which it is located or to prevent the development or
continuation of a nuisance.
The city council may impose such conditions on any license or permit holder with the consent of
the license or permit holder, or upon notice and an opportunity for hearing in accordance with the
provisions of paragraph (b) above. The city council may impose such conditions upon a license
or permit at the time of issuance, renewal, or at any time during the term of the license or permit.
Conditions imposed upon a license or permit shall remain on such license or permit when renewed
and shall continue thereafter until removed by an action of the city council. A license or permit
holder may request that the city council remove any conditions imposed on a license or permit,
except that the license or permit holder shall have no right to make such request for six months
from the date the conditions are imposed.
SECTION II. This ordinance shall be effective following its adoption and publication.
Approved by the city council of the city of Maplewood this 12th day of November, 2019.
_____________________________
Marylee Abrams
Mayor
Attest:
______________________________
Andrea Sindt
City Clerk
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF RAMSEY
Emily Kunz, being duly sworn on oath, says:
that she is, and during all times herein states
has been, Clerk of Northwest Publications, Inc.,
Publisher of the newspaper known as the
Saint Paul Pioneer Press, a newspaper of
general circulation within the Counties of
Chisago, Dakota, Ramsey and Washington in
Minnesota and Pierce and St. Croix in
Wisconsin.
That the notice hereto attached was from
the columns of said newspaper and was
printed and published therein on the
following date(s):
November 15th 2019
Ne ~spaper Ref./ Ad #0071444618
scribed and sworn to before me this
15 of November 2019
Ramsey County, Minnesota
My commission expires January 31, 2022
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