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Ordinance No. 1292 03-12-2012SUMMARY ORDINANCE NO. 1292 AN ORDINANCE AMENDING CITY CODE CHAPTER fi02, SECTIONS fi02.02.3, fi02.02.5, 602.05.1, 602.05.3, AND fi02.14.1, CHAPTER 603, SECTIONS 603.02, 603.07.1, 603.09.2, fiO3.24, AND 603.2fi.l; AND CHAPTER fi0fi, SECTIONS 606.09.1 AND fi0fi12.1 RELATED TO ON-SALE 3.2°la MALT LIQUOR, ON-SALE INTOXICATING LIQUOR AND ON-SALE INTOXICATING LIQUOR-CLUBS L Titie An ardinance af the City af Fridiey, Minnesata, amending the Fridiey City Cade Chapters 602, 603 and 606 repeaiing the need far a Liquar License Baard and praviding additianai ianguage pertaining ta Temparary On-Sale 32°lo Mait Liquar and Temparary On-Sale Intaxicating Liquar. IL Summarv The City Cauncii af the City af Fridiey daes hereby ardain as fallaws: The purpase af ardinance amendments is ta accamplish the fallawing: 1. Repeai autdated language referring ta the liquar baard and sunset ciause far late-night endarsement; 2. Remave language prahibiting the City Cauncil fram appraving a liquar license at the same meeting as the public hearing an the license; 3. Substitute the City C1erk far the City Manager with respect ta respansibility far pracessing liquar license requests; 4. Create exceptians far temparary liquar licenses fram the Patia Endarsement requirements; 5. Create an exceptian far an-sale inta�cating liquar licenses fram the 400 faat distance requirement fram churches and schaais sa it is cansistent with the exceptian far 32°lo mait liquar licenses in Chapter 602; 6. Change the number af temparary an-sale intaxicating liquar licenses a singie arganizatian may apply fram twa annually ta the number allawed by MN State Statute, Sectian 340A.404, Subd. la. 7. Ai1aw an-sale intaxicating licensees ta dispense aicahai an the premises af any City awned sparts, canventian, ar cuitural facility, such as Springbraak Nature Center. III. Natice This titie and summary has been pubiished ta cleariy infarm the public af the intent and effect af the City Cade af the City af Fridley. A capy af the ardinance, in its entirety, is availabie far inspectian by any persan during regular business haurs at the affices af the City Cierk af the City af Fridiey, 6431 University Ave N.E., Fridiey, MN. PASSED AND ADOPTED BIj THE CITY COUNCIL OF THE CITIj OF FRIDLEIj THIS 12TH DAIj OF MARCH 2O12. �� SCOTT J. LLTND, MAYOR ATTEST: DEBRA A. SKOGEN, ITY CLERK First Reading: February 6, 2Q12 Secand Reading: March 12, 2012 Pubiieatian Date: Mareh 22, 2012 CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA ORDINANCE NO. 1292 AN ORDINANCE AMENDING CITY CODE CHAPTER 602, SECTIONS 602.02.3, 602.02.5, 602.05.1, 602.05.3, AND 602.14.1; CHAPTER 603, SECTIONS 603.02, 603.07.1, 603.09.2, 603.24, AND 603.26.1; AND CHAPTER 606, SECTIONS 606.09.1 AND 606.12.1 RELATED TO ON-SALE 3.2% MALT LIQUOR, ON-SALE INTOXICATING LIQUOR AND ON-SALE INTOXICATING LIQUOR-CLUBS The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapters 602, 603 and 606 related to temporary on-sale 3.2% malt liquor and temporary on- sale intoxicating liquor be hereby amended and ordains as follows: Section 1: Amendment. Chapter 602, Sections 602.02.3 and 602.5 of the Fridley City Code are hereby amended to read as follows: 602.02. LICENSES REQUIRED 3. Temporary '-'On-sale'-'. Temporary '-'on-sale'-' licenses shall be granted only to � clubs, � charitable, religious, � or nonprofit organizations for the sale of 3.2% malt liquor for consumption on the premises only. Said temporary licenses � mav be granted upon written application to the City Council upon forms provided by the City. The provisions of Chapter 602 of the Fridley City Code, as applicable, shall be observed by said nonprofit organizations. � , _ � � . . . _ � � � �. . � . , �,:�.�: - Sb. Late Night License Endorsement. An on-sale license may be amended to include a Late Night License Endorsement subject to the terms and conditions imposed by the City Council within its discretion and otherwise in accordance with the provisions of this Chapter. No person may sell any 3.2% malt liquor under any permit issued pursuant to this chapter after 1:00 a.m. without first obtaining a Late Night License Endorsement. "T� r.,�o,.r,,.�,� r;,.o„�o �,,,a,,,-�o,,,o„� �^��2�fc6t�F�2z'��,- nr,-;1 2n �nn4 ln,-,a i z2�21 � 7 Ordinance No. 1292 Section 2. Amendment. Chapter 602, Section 602.05.1, of the Fridley City Code is hereby amended to read as follows: 602.05. GRANTING OF LICENSES Initial Licenses . . . • . r��erss:r.�eer.E�:e.z�rr�:e�.r.�s�r�:�r.��:err.�es�s. .�i.��ers:� . . .es�sers. . „ . . _. . . „ '- � %��/t��A %��S��I��1��/�t�� %�f��Tl��i��I�t��\l�f��.��l�l��1�1�ATI��• � � � � � � ♦ ♦ � ♦ _ ��f�ill�l �� \ � Ordinance No. 1292 � . • A. Upon receipt of a complete a�plication, the City Clerk shall forward the a�plication to the Public Safety Director, or Director's desi'°�nee, for verification and investi�ation of the facts set forth in the a�plication. The Director or their desi�nee shall complete such investi�ation and make a written recommendation and report to the City Clerk The report shall include a list of all violations of any federal, state or municipal law. B. After receipt of the written report, the City Clerk shall forward the a�plication to the Fire Department and Buildin.°� Inspections Department for their review and comment. C. Within twenty (20) days after the receipt of the Director's written report, the CitX Clerk shall cause to be published a Notice of Public Hearing re a.°� rdin� the license application in the official newspaper at least ten (10) days in advance of the public hearin�. The Notice shall include the date, time and place of the public hearing, the name of the a�plicant, the address of the premises to be licensed, and the nature of the business. The City Clerk shall prepare a written report to the City Council for the public hearing which shall include the Director's report and any comments the Fire and Building Inspections Departments may have. An a�plication for a temporary on-sale 3.2% malt liquor license shall be exempt from the public hearing requirement. D. At the time of the public hearing, o�portunity shall be �iven to an�person to be heard for or a�ainst the r.°� antin� of the license. If additional information is required, the CitX Council may conduct an additional hearing, as it may deem advisable, within a reasonable amount of time. The City Council may thereafter �rant or deny the abblication in its discretion. E. The City Clerk shall, within ten (10) days after the issuance of any license under this Chapter, submit the required documentation to the Commissioner of Public Safety. The City Clerk shall also submit to the Commissioner of Public Safety any chan�e of address, cancellation or revocation of any license by the City Council durin� the license period. F. Each license is issued to the a�plicant at the premises described in the a�plication. No license mav be transferred to another berson or to another location. G. Where a license is �ranted to a premises where the buildin� is under construction or otherwise not ready for occupanc�, the City Clerk shall not issue the license until a Certificate of Occupancy has been issued. The Buildin.°� Inspection Department shall notify the City Clerk that the Certificate of Occupancy has been issued and the building is ready for occupanc� Ordinance No. 1292 Section 3. Amendment. Chapter 602, Section 602.05.3, of the Fridley City Code is hereby amended to read as follows: 3. Late Night License Endorsement. An on-sale license may be amended to include a Late Night License Endorsement subject to the terms and conditions imposed by the city council within its discretion and otherwise in accordance with the provisions of this Chapter. An application for a Late Night License Endorsement shall be made at the same time as, but separate from, an initial license or license renewal. �T� T �*° ,.T;,.�,* ��,a�r�°m°�* ,. �*°,a �.�, *�,° r;*�, �� r;,a'°�, 1 �;" �.° e€feEt��e�€�°r n �r;' � � ''�� (Ord 1222) Section 4: Amendment. Chapter 602, Section 602.14.1, of the Fridley City Code is hereby amended to read as follows: 602.14. PATIO ENDORSEMENT Statement of Policy The sale of �.''0� m�'* '��r alcoholic beverages pursuant to any of the licenses issued in accordance with Chapters 602, 603 and 606 of the City Code, with the exception of a temporarX license, will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee applies for and receives approval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. Section 5: Amendment. Chapter 603, Section 603.02, of the Fridley City Code is hereby amended to read as follows: 603.02. LICENSE REQUIRED No person, except wholesalers or manufacturers to the e�tent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Chapter. No person shall sell any intoxicating liquor on Sundays without obtaining a separate license for Sunday sales, as required by Minnesota State Statues. No person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a special Late Night License Endorsement for an existing liquor license as provided in this Chapter. 2�fc6t�F�2z'��"' nr,-;1 2n �nn4 ln,-,a i z2�2� � On-Sale intoxicating liquor licenses shall only be granted to bowling centers, hotels and restaurants, as defined in Section 603.01, where food is prepared and served for consumption on the premises. (Ref 1172) The City Council ma�, in its sound discretion, authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the CitX pursuant to the provisions of Minnesota Statutes, Section 340A.404, subd. 4b. The City Council ma�, in its sound discretion, authorize a retail on-sale licensee to dispense intoxicating liquor off 0 Ordinance No. 1292 the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the cit�, pursuant to the provisions of Minnesota Statutes, Section 340A.404, subd. 4(a); however, the licensee is prohibited from dispensin� intoxicating liquor to an�person attending or participatin.°� in a youth amateur athletic event, bein� held on the premises. A youth amateur athletic event, for the purpose of this section, is defined as an event whose participants are 18 years of a.°�e or younger. Section 6: Amendment. Chapter 603, Section 603.07.1, of the Fridley City Code is hereby amended to read as follows: 603.07. GRANTING OF LICENSE 1. Initial Licenses . . . • . r��erss:r.�eer.E�:e.z�rr�:e�.r.�s�r�:�r.��:err.�es�s. .�i.��ers:� . . .es�sers. . „ . . _. . . „ '- � %��/t��A %��S��I��1��/�t�� %�f��Tl��i��I�t��\l�f��.��l�l��1�1�ATI��• � ♦ � � � � � � � � ♦ i1�i��i��i1�i�� \ Ordinance No. 1292 _. . _. . • _ �ietrrrirr.�ese:s�r�tes. � .errr.�r:ssss. �rrierse�r�r.sss. • . • A. Upon receipt of a complete a�plication, the City Clerk shall forward the a�plication to the Public Safety Director, or Director's desi'°�nee, for verification and investi�ation of the facts set forth in the a�plication. The Director or their desi�nee shall complete such investi�ation and make a written recommendation and report to the City Clerk The report shall include a list of all violations of any federal, state or municipal law. B. After receipt of the written report, the City Clerk shall forward the a�plication to the Fire Department and Buildin.°� Inspections Department for their review and comment. C. Within twenty (20) days after the receipt of the Director's written report, the CitX Clerk shall cause to be published a Notice of Public Hearing re a.°� rdin� the license application in the official newspaper at least ten (10) days in advance of the public hearin�. The Notice shall include the date, time and place of the public hearing, the name of the a�plicant, the address of the premises to be licensed, and the nature of the business. The City Clerk shall prepare a written report to the City Council for the public hearing which shall include the Director's report and any comments the Fire and Building Inspections Departments may have. An a�plication for a temporary on-sale intoxicating liquor license shall be exempt from the public hearing requirement. D. At the time of the public hearing, o�portunity shall be �iven to an�person to be heard for or a�ainst the r.°� antin� of the license. If additional information is required, the CitX Council may conduct an additional hearing, as it may deem advisable, within a reasonable amount of time. The City Council may thereafter �rant or deny the abblication in its discretion. E. The City Clerk shall, within ten (10) days after the issuance of any license under this Chapter, submit the required documentation to the Commissioner of Public Safety. The City Clerk shall also submit to the Commissioner of Public Safety any chan�e of address, cancellation or revocation of any license by the City Council durin� the license period. Ordinance No. 1292 F. Each license is issued to the a�plicant at the premises described in the a�plication. No license may be transferred to another person or to another location. G. Where a license is �ranted to a premises where the buildin� is under construction or otherwise not ready for occupanc�, the City Clerk shall not issue the license until a Certificate of Occupancy has been issued. The Buildin.°� Inspection Department shall notify the City Clerk that the Certificate of Occupancy has been issued and the building is ready for occupanc� Section 7. Amendment. Chapter 603, Section 603.09.2, of the Fridley City Code is hereby amended to read as follows: 603.09. PLACES INELIGIBLE 2. Except for those or�anizations which are a�plvin� for a temporary license to sell on-sale intoxicating liquor pursuant to Section 603.24, �no license shall be granted for premises located within 400 feet of a public school or of any church, the distance to be measured in a straight line from the nearest point of building to building, excepting the existing on-sale municipal establishments at the time of the enactment of this Chapter. The erection of a public school or church within the prohibited area after an original application has been granted shall not, in and of itself, render such premises ineligible for renewal of the license. Section 8. Amendment. Chapter 603, Section 603.24, of the Fridley City Code is hereby amended to read as follows: 603.24. TEMPORARY LICENSES 1. The City is hereby authorized to issue a temporary on-sale intoxicating liquor "license" to any club, charitable, religious, or e�e� nonprofit organization which has its principal location within the City of Fridley and which has been in existence for a period of not less than three (3) years at the time of making application for this license; or a political committee re�istered under Minnesota Statutes Section 10A.14; or a state universitv. This temporary on-sale intoxicating liquor license shall only be issued for a social event occurring within the City limits �� g sponsored by the licensee. 2. , . The number of licenses issued by the City Council shall not exceed the number allowed in Minnesota Statutes Section 340A.404, Subd. 10. 3. The license may authorize the on-sale of intoxicating liquor on premises other than premises which the licensee owns or permanently occupies. Further, the licensee may contract for intoxicating liquor catering services with the holder of a full year, on-sale intoxicating liquor license issued bv any municipalitX ��„�'°r *'�° ��„�'�*��„� ��*�;� r�,�r*°r 7 Ordinance No. 1292 4. Except in those instances where the license holder contracts for the catering of liquor services as provided in paragraph 3 above, the licensee shall meet the requirements of Section 603.16. 5. An �application for this temporary license �� *��.�n��e� *�� o,a �.., ��,o ,�,r;,,,,o�„�ep��e�� „� n„�.�;,. c.,z� T; r,,,,�,-„� r,;..;�;,,,, must be completed and .�''�° � �' �� *'��° �'��*�� °'��" '�° forwarded by the City Clerk to the Minnesota Department of Public Safety, T;�„�r r�„*r�' T';��;�;�„ for their a�proval. �e A copy of the �s application shall be retained by the City. � A�pplication for this license must be made at least thirty (30) days prior to its requested date. This license shall not be effective unless approved by both the "� Commissioner of Public Safety and the �e� City Council. 6. The � license fee shall be as provided in Chapter 11 of this Csode. 7. If the license is used on public property owned by the Cit�, upon the recommendation of the Public Safety Director, the City Council may require the holder of the license, as a term and condition of the license, to hire uniformed police officer(s) to remain on the premises durin.°� the use of the license. Section 9. Amendment. Chapter 603, Section 603.26.1, of the Fridley City Code is hereby amended to read as follows: 603.26 PATIO ENDORSEMENT Statement of Policy The sale of �r*�°��*�r�'��r alcoholic beverages pursuant to any of the licenses issued in accordance with Chapters 602, 603 or 606 of the Code, with the exception of a temporarX license, will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee applies for and receives approval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. Section 10: Amendment. that Chapter 606, Section 606.02 of the Fridley City Code is hereby amended to read as follows: No person or organization shall sell, deal in or dispose of by gift, sale or otherwise, any liquor without first having obtained a license to do so from the City Council; provided, however, that this Section shall not prohibit the giving or serving thereof to guests in a private home, shall not prohibit the sale thereof by a manufacturer or distributor to a person holding a license thereunder, and shall in no way effect the operation of the municipal liquor stores. In addition to the foregoing, no person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a special Late Night License Endorsement for an existing liquor license as provided in this Chapter. �e � �� (Ord 1222) Section 11: Amendment. That Chapter 606, Section 606.09.1, of the Fridley City Code is hereby amended to read as follows: Ordinance No. 1292 606.09 GRANTING OF LICENSES 1. Initial Licenses . . . eii[.ei�i��.��i�sA�s•�AUe�i�o�o�ic.e��:��ii��i�su•��nioae��oiw � ♦ � \ � 1 I � � � � � � � 1 I � . �. .� .R��S. .�� . � � � � � � � ♦ � ♦ _ . .R� .�� l.�S. .� .��f \ � Ordinance No. 1292 � . • A. Upon receipt of a complete a�plication, the City Clerk shall forward the a�plication to the Public Safety Director, or Director's desi'°�nee, for verification and investi�ation of the facts set forth in the a�plication. The Director or their desi�nee shall complete such investi�ation and make a written recommendation and report to the City Clerk The report shall include a list of all violations of any federal, state or municipal law. B. After receipt of the written report, the City Clerk shall forward the a�plication to the Fire Department and Buildin.°� Inspections Department for their review and comment. C. Within twenty (20) days after the receipt of the Director's written report, the CitX Clerk shall cause to be published a Notice of Public Hearing re a.°� rdin� the license application in the official newspaper at least ten (10) days in advance of the public hearin�. The Notice shall include the date, time and place of the public hearing, the name of the a�plicant, the address of the premises to be licensed, and the nature of the business. The City Clerk shall prepare a written report to the City Council for the public hearing which shall include the Director's report and any comments the Fire and Building Inspections Departments may have. An a�plication for a temporary on-sale 3.2% malt liquor license shall be exempt from the public hearing requirement. D. At the time of the public hearing, o�portunity shall be �iven to an�person to be heard for or a�ainst the r.°� antin� of the license. If additional information is required, the CitX Council may conduct an additional hearing, as it may deem advisable, within a reasonable amount of time. The City Council may thereafter �rant or deny the abblication in its discretion. E. The City Clerk shall, within ten (10) days after the issuance of any license under this Chapter, submit the required documentation to the Commissioner of Public Safety. The City Clerk shall also submit to the Commissioner of Public Safety any chan�e of address, cancellation or revocation of any license by the City Council durin� the license period. F. Each license is issued to the a�plicant at the premises described in the a�plication. No license mav be transferred to another berson or to another location. G. Where a license is �ranted to a premises where the buildin� is under construction or otherwise not ready for occupanc�, the City Clerk shall not issue the license until a Certificate of Occupancy has been issued. The Buildin.°� Inspection Department shall notify the City Clerk that the Certificate of Occupancy has been issued and the building is ready for occupanc� 10 Ordinance Na. 1292 Sectian 12: Amendment. Chapter 606, Sectian 606.12.1, af the Fridley City Cade is hereby amended ta read as fallaws: 606.12. PATIO ENDORSEMENT The sale af �M*��r;�°*;M� ';�„rtr alcahalic beverages pursuant ta any af the licenses issued in accardance with Chapters 602, 603 ar 606 af the Cade, with the exceptian af a tempararX license, wi11 be limited ta the sale and cansumptian inside af a structure an the licensed premises, unless the licensee applies far and receives appraval from the City Cauncil far a Patia Endarsement ta a11aw the sale and cansumptian autside af a structure an the licensed premises. PASSED AND ADOPTED BY THE CIT� COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF MARCH 2O12. ATTEST: Debra A. Skagen, City erk First Reading: Secand Reading: Publicatian Date February 6, 2012 Mareh 12, 2012 Mareh 22, 2012 11 �� Scatt J. Lund, Mayar