Ordinance No. 1197 09-13-2004Ordinance No. 1197
AN ORDINANCE AMENDING THE FRIDLEY MUNICIPAL CODE BY ALLOWING
CERTAIN HOLDERS OF LIQUOR LICENSES TO SELL INTOXICATING LIQUOR
UNTIL 2:00 A.M.
The City Council of the City of Fridley, Minnesota, hereby ORDAINS:
That Chapter 602 of the Fridley City Code shall be amended to include the following language:
602.02 LICENSES REQUIRED
6. Late Ni�ht License Endorsement
An On-Sale license may be amended to include a Late Ni�ht 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 beer under an�permit
issued pursuant to this chapter after 1:00 a.m. without first obtainin� a Late Hour License
endorsement. No Late Ni�ht License Endorsement shall be effective after Abri130_ 2006.
602.05 GRANTING OF LICENSES
3. Late Ni�ht License Endorsement.
An On-Sale license may be amended to include a Late Ni�ht 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 a�plication for a Late Hour License
Endorsement shall be made at the same time as, but separate from, an initial license or license
renewal. No Late Hour Endorsement �ranted by the City of Fridley will be effective after
Apri130, 2006.
602.09 HOURS
3. Notwithstandin� the fore.°�oing, a sale of beer or 3.2 percent malt liquor may occur on a
licensed premises between the hours of 1:00 AM and 2:00 AM if the licensee has been
�ranted by the City a Late Hour Endorsement for that license. No sale of beer or 3.2 percent
intoxicating liquor for consumption on any license premises for which a Late Hour
Endorsement has been �ranted by the City shall occur between 2:00 AM and 8:00 AM on the
days of Monday throu�h Saturday. It shall be unlawful for an�persons or customers, other
than the licensees or their employees, to remain on a licensed premises for which a Late Hour
Endorsement has been �ranted by the Cit�, nor shall there be any consumption by anX
persons, includin� the licensees and their employees on such premises, more than one half-
hour after closin.°� of operations for that day and, in no event, later than 2:30 AM.
Ordinance No. 1197
Page 2
That Chapter 603 of the Fridley City Code shall be amended to include the following language:
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 Statutes. No person shall sell any intoxicating liquor after 1:00
a.m. without obtaining a special Late Hour License Endorsement for an existing liquor license
as provided in this Chapter. No Late Hour License Endorsement ra.°� nted pursuant to this
Chapter will be effective after Apri130, 2006.
603.06 SUNDAY AND LATE HOUR LIQUOR SALES
The annual license fee for "Sunday Liquor Sales" shall be provided in Chapter 11. The
annual fee for a license endorsement for Late Hour Liquor sales after 1:00 a.m., but before
2:00 a.m., shall be provided in Chapter 11. These fees are in addition to the fee charged for
an "on-Sale" license. All provisions of this Chapter pertaining to the "on-Sale license shall
apply to the "Sunday Liquor Sales" license, and the Late Hour Endorsement, insofar as
practicable.
603.07 GRANTING OF LICENSES
2. Renewal Licenses
B. At the earliest practicable time after application is made for a renewal of an "on-
sale" license, and in any event prior to the time the application is approved by the
City Council, the applicant shall file °°m�������"�� with the City Clerk a statement
made by a Certified Public Accountant that shows the total gross sales and the
total food sales. A foreign corporation shall file a current Certificate Authority.
603.10 CONDITIONS OF LICENSE
19. At the time of application for renewal of application of an "on-sale" license ���' ���� T�*°
T����r �'��'�r°°m°�* *� *'��*'��°�°°, the applicant shall submit proof to the City that the
minimum percentage provided in Section 603.10.18 of the gross sales, derived from the sale
of food and intoxicating liquors of the establishment, for which the "on-sale" license e�
T�*° u�„r �'„�'�r�°m°„* *� *'��*';�°„�° is to be used, is in the serving of food.
A. Late Hour License Endorsement
In addition to any other reporting requirement that may be imposed by the municipal
code, any licensee holdin� a Late Hour License Endorsement shall also provide proof
to the city that the minimum percentage provided in Section 603.10.18 of the .°�ross
sales, derived from the sale of food and intoxicating liquors of the establishment, for
which the "on-sale" license is to be used, is in the servin� of food. "Proof' for
purposes of this section, shall consist of not less than a statement of accurac�, attested
to by a certified public accountant, accompanyin� a verifiable, semiannual report of
sales receipts based upon acceptable and reco�nized accountin� and bookkeeping
Ordinance No. 1197
Page 3
standards. Separate statements are required for a license renewal and the renewal of
any Late Hour Endorsement to that license.
603.11 HOURS OF OPERATION
2. Notwithstandin� the fore.°�oing, a sale of intoxicating liquor for consumption may occur on
a licensed premises between the hours of 1:00 AM and 2:00 AM if the licensee has been
�ranted by the City a Late Hour Endorsement for that license. No sale of intoxicating liquor
for consumption on any license premises for which a Late Hour Endorsement has been
�ranted by the City shall occur between 2:00 AM and 8:00 AM on the days of MondaX
throu�h Saturday. It shall be unlawful for an�persons or customers, other than the licensees
or their employees, to remain on a licensed premises for which a Late Hour Endorsement has
been �ranted by the Cit�, nor shall there be any consumption by an�persons, includin.°� the
licensees and their employees on such premises, more than one half-hour after closing of
operations for that day and, in no event, later than 2:30 AM.
That Chapter 606 of the Fridley City Code shall be amended to include the following language:
606.02 LICENSES REQUIRED
No person 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 given 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
fore.°�oing, no person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a
special Late Hour License Endorsement for an existing liquor license as provided in this
Chapter. No Late Hour License Endorsement ra.°� nted pursuant to this Chapter will be
effective after Apri130, 2006.
606.03 SUNDAY LIQUOR AND LATE HOUR SALES
No person or organization shall sell any intoxicating liquor on Sundays without obtaining a
separate license for said Sunday sales. The annual license fee for "Sunday Liquor Sales" shall
be as provided in Chapter 11. The annual fee for a license endorsement for Late Hour Liquor
Sales after 1:00 a.m., but before 2:00 a.m. shall be provided in Chapter 11. These fees are in
addition to the fee charged for an "On-Sale" license. All provisions
of the Chapter pertaining to the "On-Sale" license shall apply to the "Sunday Liquor Sales"
license, and the Late Hour Liquor Sales endorsement, insofar as practicable.
606.11 HOURS OF OPERATION
3. Notwithstandin� the fore.°�oing, a sale of intoxicating liquor for consumption may occur on
a licensed premises between the hours of 1:00 AM and 2:00 AM if the licensee has been
�ranted by the City a Late Hour Endorsement for that license. No sale of intoxicating liquor
for consumption on any license premises for which a Late Hour Endorsement has been
�ranted by the City shall occur between 2:00 AM and 8:00 AM on the days of MondaX
throu�h Saturday. It shall be unlawful for an�persons or customers, other than the licensees
or their employees, to remain on a licensed premises for which a Late Hour Endorsement has
Ordinance No. 1197
Page 4
been �ranted by the Cit�, nor shall there be any consumption by an�persons, includin.°� the
licensees and their employees on such premises, more than one half-hour after closure of
operations for that day and, in no event, later than 2:30 AM.
Passed and adopted this 13th day of September 2004 by the City Council of the City of Fridley.
���
Sco J. und, Mayor
Attest:
Debra A. Skogen, ity Clerk
First Reading: August 23, 2004
Second Reading: September 13, 2004
Publication: September 23, 2004