05/24/2004 CONF MTG - 4595�
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CnY OF
FRIDLEY
NOTICE OF SPECIAL CONFERENCE MEETING
OF THE FRIDLEY CITY COIJNCIL
NOTICE IS HEREBY GIVEN that there will be a special conference meeting of the
Fridley City Council on Monday, May 24, 2004, to review and discuss the following:
1. 2:00 a.m. Bar Closing.
2. The following items may be closed because they relate to pending litigation:
- a. John Demello and ProfitMax, Inc. — Denial of rezoning and
plat application.
b. Proposed Settlement Agreement. (Personnel)
Said meeting will commence at 6:00 p.m. in Conference Room A of the Fridley
Municipal Center, 6431 University Avenue N.E., Fridley, Minnesota.
Any and all persons desiring to be heard shall be given an opportunity at the above-stated
time and place. Any questions related to this item may be referred to the City Manager's
Office at (763) 572-3500.
Hearing impaired persons planning to attend who need an interpreter or other persons
with disabilities who require auxiliary aids should conta.ct Roberta Collins as soon as
possible at (763) 572-3500.
DATED: May 20, 2004 WILLIAM W. BURNS
CITY MANAGER
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Fridley Police Department
Memorandum
To: B' �
ill Burns, City Manager ��
From: Don Abbott
Date: May 20, 2004
Re: 2:00 a.m. Extended Hours for Beer and Alcohol Sales
This memo will summarize proposed changes in the Fridley City Code required if
the City is to allow licensed establishments to apply for Extended Hour permits
for beer and alcohol sales. These changes were completed at the direction of
Council and involved Finance Director Rick Pribyl, City Clerk Deb Skogen, City
Attorney Fritz Knaak, and Public Safety Director pon Abbott. This information is
provided to assist in your discussion of 2:00 a.m. extended hours, Monday, May
24, 2004. The proposed changes and the current ordinances are presented in
the attachments.
The proposed ordinance changes are summarized as follows:
Establishments currently licensed, or applying for licenses, to sell On-Sale
Beer under Chapter 602, Intoxicating Liquor under Chapter 603, and On-
Sale Clubs will all be eligible to apply for a Late Hour license
endorsement. This will not allow off-sale of non-intoxicating malt liquor
(3.2 beer) by grocery and convenience stores. Chapter 602 would need to
be further revised to allow off-sale 3.2 beer until 2:00 a.m..
2. Late hour license endorsements will be available for Sunday sales as well,
in effect permitting 2:00 a.m. closing seven nights per week.
3. Establishments holding Intoxicating Liquor licenses under Chapter 603 will
have an additional requirement to provide evidence of compliance with the
minimum 40% food sales license condition between the hours of 9:00 p.m.
and 2:00 a.m., on an average annual basis.
4. The time for all patrons to be off the premises of establishments holding
Late Hour license endorsements is extended to 2:30 a.m. from the current
1:30 a.m., on the nights they are open until 2:00 a.m..
Staff is recommending no fees at this time. We recommend that fees be
revisited after the first year of Late Hour operations to determine the need for,
and amount of, reasonable fees to be charged for Late Hour License
endorsements. Only two of our neighboring communities charge a fee for
extended hour permits (Brooklyn Center: $200; Coon Rapids: $300).
Copies of Minnesota State Statute 340A.504 and a survey of neighboring cities'
permit restrictions and fees are also attached.
Ordinance
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
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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 mav sell an.�eer
under any permit issued pursuant to this chapter after 1:00 a.m. without first obtainin� a
Late Night License endorsement.
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
Night License Endorsement shall be made at the same time as, but separate from, an
initial license or license renewal.
602.09 HOURS
3. Notwithstanding the foregoing, a sale of beer or 3.2 percent malt liquor mav occur on
a licensed premises between the hours of 1:00 AM and 2:00 AM if the licensee has been
granted by the City a Late Hour Endorsement for that license. No sale of beer or 3.2
percent intoxicating liquor for consumption on anv license premises for which a Late
Hour Endorsement has been granted by the Citv shall occur between 2:00 AM and 8:00
AM on the days of Mondav through 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 granted by the City nor shall there be any
consumption by anv persons, including the licensees and their employees on such
premises, after 2:30 AM.
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 extent 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
intoxicatin�cLuor after 1:00 a.m. without obtaining a special Late Hour license
endorsement for an existin� liquor license as provided in this Chapter.
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603.06 SUNDAY AND LATE HOUR LIQUOR SALES
The annual license fee for "Sunday Liquor Sales" shall be provided in Chapter 1 l. 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.
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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 with the City Clerk a
statement made by a Certified Public Accountant that shows the total gross
sales and the total food sales of the restaurant for the twelve (12) month period
immediately preceding the date for filing renewal applications. In the event
the a�plicant is seeking renewal of a Late Hour Endorsement, the applicant
shall also file a separate and additional statement made bv a certified public
accountant that shows gross sales and total food sales of the restaurant during
the time period of 9PM to 2AM for the twelve (12) month period immediately
preceding the date for filing renewal applications. A foreign corporation shall
file a current Certificate Authority.
603.10 CONDITIONS OF LICENSE
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18. A restaurant shall be conducted in such a manner that, of that part of the total
business attributable to or derived from the serving of foods and intoxicating liquors,
a minimum of 40% of the business for a license year is from the serving of food. A
hotel shall be conducted in such a manner that, of that part of the total business
attributable to or derived from the serving of foods and intoxicating liquors a
minimum of 40% of the business for a license year is derived from the serving of
food. A bowling center shall be conducted in such a manner that, of that part of the
total business attributable to or derived from the sale of food and intoxicating liquors,
a minimum of 30% of the gross sales of the food and liquor is from the serving of
food. Any licensee selling intoxicatin�liquor that is governed bv this paragr�h who
has obtained a Late Hour Endorsement as authorized under this Code, must, in
addition to the foregoing and as an express condition of that Late Hour Endorsement.
conduct its business in such a manner as to maintain, and show that it has
maintained, the foregoin�percentage sales fi�ures during the hours of 9:00 PM to
2:00 AM, on average, durin�the course of the term of said Late Hour Endorsement.
19. At the time of application for renewal of application of an"on-sale" license and anv
Late Hour Endorsement to that license, 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 or any Late Hour Endorsement to that license, is to be used, is in the serving of
food. "Proof' for purposes of this section, shall consist of not less that a statement of
accuracy, attested to by a certified public accountant, accompanyin� a verifiable re op rt of
twelve months of sales receipts based upon acceptable and reco�nized accounting and
bookeeping 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. Notwithstanding the foregoin�, 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 Qranted by the Citv 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 granted by the Citv shall occur between 2:00 AM and 8:00 AM on
the days of Mondav throu Saturday. It shall be unlawful for anypersons or customers,
other than the licensees or their employees, to remain on a licensed premises for which a
Late Hour Endorsement has been �ranted bv the City, nor shall there be any consumption
b��an�persons, includin� the licensees and their employees on such premises, after 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 intoxicatin�quor after 1:00 a.m.
without obtainin� a special Late Hour license endorsement for an existing liquor license
as provided in this Chapter.
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. Notwithstanding the foregoing, 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 granted by the Citv 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 granted bv the Citv shall occur between 2:00 AM and 8:00 AM on
the davs of Monday throu Saturdav. It shall be unlawful for anYnersons or customers,
other than the licensees or their employees, to remain on a licensed premises for which a
Late Hour Endorsement has been granted bv the Citv, nor shall there be any consumption
b��an�persons, includin� the licensees and their employees on such premises, after 2:30
AM.
Adopted this day of , 2004.
Mayor
Attest: City Clerk
FRIDLEY CITY CODE
CHAPTER 602. BEER LICENSING
(Ref. 14, 47, 250, 294, 451, 463, 501, 550, 602, 647, 675, 743, 769, 783, 806,909, 932, 958, 982, 1110)
602.01. DEFINITIONS
The following definitions shall apply in the interpretation and application of this Chapter and the
following words and terms, wherever they occur in this Chapter, are defined as follows:
1. Beer or 3.2 Percent Malt Liquor.
Any malt liquor with an alcoholic content of more than one-half of one percent (.5%) by volume
and not more than 3.2 percent (3.2%) by weight.
2. Entertainment.
Includes, but is not limited to, music; singing; plays; dancing, either by the public or performers;
motion pictures; exposition; performances; male or female reviews; fashion shows; TV, other
than regular public channels; concerts; or any other deliberate act intended to amuse or entertain
patrons and/or employees.
3. Sale, Sell, or Sold.
All barters and all manners or means of furnishing beer or 3.2 percent malt liquor including such
furnishing in violation or evasion of law.
4. Tavern.
An establishment for the sale of beer, cigars, cigarettes and all forms of tobacco, beverages, and
soft drinks sold at retail for consumption on the premises.
602.02. LICENSES REQUIRED
1. Licenses.
No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or
dispose of by sale or keep or offer for sale, any beer within the City without first having received
a license as hereinafter provided. Licenses shall be of three kinds: (1) Regular "on-sale"; (2)
Temporary "on-sale"; and (3) "Off-sale".
2. Regular "On-sale".
Regular "on-sale" licenses shall be granted only to bona fide clubs, taverns, exclusive "on-sale"
liquor stores, restaurants, and hotels where food is prepared and served for consumption on the
premises. "On-sale" licenses shall permit the sale of beer for consumption on the premises only.
Fridley City Code Chapter 602 Section 602.043.
3. Temporary "On-sale". Temporary "on-sale" licenses shall be granted only to bona fide clubs
and charitable, religious, and nonprofit organizations for the sale of beer for consumption on the
premises only. Said temporary licenses shall 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.
4. "Off-sale". "Off-sale" licenses shall permit the sale of beer at retail, in the original package
for consumption off the premises only.
5. Exemption. The serving or disposing of "free" beer without consideration of purchase of
tickets, coupons, goods, services or any means of payment is allowed without a license.
Notwithstanding the license requirements, persons who serve or otherwise dispose of "free" beer
must comply with all laws pertaining to the serving or disposing of beer. If in the opinion of the
Public Safety Director or such Director's designee, the serving of "free" beer is creating a public
safety danger or infringement of peace and tranquility or violation of laws, persons serving or
disposing of "free" beer shall cease serving or disposing of "free" beer upon order of a law
enforcement officer. Persons who continue to serve or dispose of "free" beer after being ordered
to cease shall be guilty of a misdemeanor. (Ref. 743)
602.03. LICENSE APPLICATIONS
Every application for a license to sell beer shall be made to the City Clerk on a form supplied by
the City and containing such information as the Clerk or the City Council may require. It shall be
unlawful to make any false statement in an application.
602.04. LICENSE FEES
1. Payment Required. Each application for a license shall be accompanied by a receipt from the
City Treasurer for payment in full of the required fee for the license. All fees shall be paid into
the General Fund of the City. Upon rejection of any application for a license, the Treasurer shall
refund the amount paid.
2. Expiration; Pro Rata Fees. Every license except a temporary license shall expire on the last
day of April of each year. Each license except a temporary license shall be issued for a period of
one (1) year, except that if a portion of the license year has elapsed when the license is granted,
the license shall be issued for the remainder of the year for a pro rata fee. In computing such fee,
any unexpired fraction of a month shall be counted as one (1) month. A temporary license shall
be issued for a specific period in which a special event to which the sale is incident is being held
and such period shall be stated on the license.
3. Fees.
Every "on-sale" license shall include an "off-sale" license. Each "on-sale" license fee shall
include an "off-sale" license at no additional expense. The annual and temporary license fees
and initial investigation fee shall be as provided in Chapter 11 of this Code.
Fridley City Code Chapter 602
602.05. GRANTING OF LICENSES
l. Initial Licenses
Section 602.OS.1.F.
A. In order to assist the City Council in investigating the facts set out in the application and
in order to determine the eligibility of the applicant for a license, pursuant to the
provisions of this Chapter and of the State Law, the City Council may appoint a License
Board. In the event that such License Board is established, it shall be organized in such a
manner as the City Council shall determine by resolution.
B. All applications for a license shall be referred to the Public Safety Director and to such
other City Departments as the City Manager shall deem necessary for verification and
investigation of the facts set forth in the application. The Public Safety Director shall
cause to be made such investigation of the information requested in Section 602.03 as
shall be necessary and shall make a written recommendation and report to the License
Board, or to the City Council, as the case may be, which shall include a list of all
violations of Federal or State law or Municipal ordinance. The License Board, or City
Council may arder and conduct such additional investigation as it shall deem necessary.
C. Upon receipt of the written report and recommendation by the Public Safety Director and
within twenty (20) days thereafter, the City Clerk shall cause to be published in the
official newspaper, ten (10) days in advance, a notice of a hearing to be held by the
License Board or the City Council, setting forth the day, time and place when the hearing
will be held, the name of the applicant, the premises where the business is to be
conducted, the nature of the business and such other information as the License Board
_ may direct. At the hearing, opportunity shall be given to any person to be heard for or
against the granting of the license. A license, other than a renewal, shall not be approved
before the next regular meeting of the City Council following such hearing.
D. After receiving such report, recommendation and public comment for the initial license,
the City Council shall conduct within a reasonable time such additional hearing as it may
deem advisable and thereafter shall grant or refuse the application in its discretion.
E. Each license shall be issued to the applicant only. Each license shall be issued only for
the premises described in the application. No license may be transferred to another person
or to another place without complying with the requirements of an original application,
including the approval of the City Council and the Liquor Control Commissioner as
required.
F. The City Clerk shall, within ten (10) days after the issuance of any license under this
Chapter, submit to the Liquor Control Commissioner the full name and address of each
person granted a license, the trade name, the effective license date, and the date of
expiration of the license. The City Clerk shall also submit to the Liquor Control
Commissioner any change of address, transfer, cancellation or revocation of any license
by the Council during the license period.
Fridley City Code Chapter 602
Section 602.06.5.
G. Where a license is granted to premises where the building is under construction or
otherwise not ready for occupancy, the City Clerk shall not issue the license until
notification by the Building Inspection Department that a Certificate of Occupancy has
been issued and the building is ready for occupancy.
2. Renewal Licenses
A. Applications for the renewal of an existing license shall be made at least 60 days prior to
the date of the expiration of the license and shall be made in such abbreviated form as the
City Council may approve. If, in the judgment of the City Council, good and sufficient
cause is shown by an applicant for their failure to file for a renewal within the time
provided, the City Council may, if the other provisions of this Chapter are complied with,
grant the application. A review shall be made of all facts set out in the application. The
City Council shall grant or refuse the, application in its discretion.
B. Each license holder shall be given written notice, by mail, at least ten (10) days but not
more than thirty (30) days before the City Council acts upon their license renewal. This
notice shall be in a form as designated by the City Clerk and shall specify the date and
time when the renewal application will be considered by the City Council. The license
holder shall be permitted an opportunity to address the City Council on its license
renewal application. (Ref. 806)
602.06. PERSONS INELIGIBLE FOR LICENSES
No license shall be granted to or held by any person who:
1. Is under twenty-one (21) years of age; (Ref. 909)
2. Has, within five (5) years prior to the application for such license, been convicted of a felony,
or of violating any law of this State or local ordinance relating to the manufacture, sale,
distribution, or possession for sale or distribution of intoxicating liquors or beer, and cannot
show competent evidence under Minnesota Statutes, Section 364.03, of sufficient rehabilitation
and present fitness to perform the duties of a beer licensee;
3. Is a manufacturer of beer or is interested in the control of any place where beer is
manufactured;
4. Is not of good moral character and repute. If the applicant has been an owner, manager, or
employee of a saloon, hotel, restaurant, cafe, tavern, or other business of a similar nature, the
City Council may consider the applicant's past performance record in determining whether a
license shall be granted or renewed;
5. Is or during the period of this license becomes the holder of a federal retail liquor dealer's
special tax stamp for the sale of intoxicating liquor at any place, unless there has also been issued
to him or her a local license to sell intoxicating liquor at such place; or
Fridley City Code Chapter 602
Section 602.08.5.
6. Is not the proprietor of the establishment for which the license is issued. (Ref. 14)
602.07. PLACES INELIGIBLE FOR LICENSE
1. Distance from Schools and Churches.
Except for those organizations who have been issued temporary licenses to sell 3.2 percent malt
liquor pursuant to Section 602.02.3, no license shall be granted for any place within 300 feet of
any public or parochial school or within 300 feet of any church. In applying this restriction, the
distance shall be measured in a straight line from the school or church building to the main
public entrance of the premises described in the application. (Ref. 294)
2. Unpaid Financial Claims.
No license shall be granted for operation on any premises upon which taxes or assessments or
other financial claims of the City are delinquent and unpaid.
602.08. CONDITIONS OF LICENSE
1. General Conditions.
Every license shall be granted subject to the conditions in the following subdivisions and all
other provisions of this Chapter and of any other applicable ordinance of the City or State law.
2. Sales to Minors or Intoxicated Persons.
No beer shall be sold or served to any intoxicated person or to any person under twenty-one (21)
years of age. (Ref. 47, 909)
3. Consumption by Minors.
No person under the age of twenty-one (21) years shall be permitted to consume beer on the
licensed premises. (Ref. 909)
4. Employment Of Minors.
No person under eighteen (18) years of age shall be employed on the premises of a tavern, except
that persons under eighteen (18) years of age may be employed as musicians, bus-boys and
kitchen help. (Ref. 675)
5. Gambling
No gambling or any gambling device shall be permitted on any licensed premises. Prohibited
gambling shall include private social bets not part of or incidental to organized, commercialized,
or systematic gambling. Gambling device shall include slot machines, roulette wheels,
punchboards, dice, playing cards, video game of chance and pin-ball machines which return
coins or slugs, chips, or tokens of any kind which are redeemable in merchandise, cash or other
item of value. Gambling is prohibited whether or not licensed by the State. (Ref. 958)
Fridley City Code Chapter 602
6. Interest of Manufacturers or Wholesalers.
Section 602.09.1.
No manufacturer or wholesaler of beer shall have any ownership or interest in an establishment
licensed to sell at retail contrary to the provisions of Minnesota Statutes. No retail licensee and
manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail
licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer and
no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail
licensee.
7. Liquor Dealer's Stamp.
No licensee shall sell beer while holding or exhibiting in the licensed premises a federal retail
liquor dealer's special tax stamp unless he or she is licensed under the laws of Minnesota to sell
intoxicating liquors.
8. Sales of Intoxicating Liquor.
No licensee who is not also licensed to sell intoxicating liquor and who does not hold a"public
drinking place license" shall sell or permit the consumption and display of intoxicating liquors
on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor.
The presence of intoxicating liquors on the premises of such a licensee shall be prima facie
evidence of possession of intoxicating liquors for the purpose of sale.
9. Inspection.
Any police officer or health inspector may enter, inspect and search the premises of a licensee
during business hours without a search and seizure warrant and may seize all intoxicating liquors
and other evidence of violations found on the licensed premises in violation of this Chapter.
10. Licensee Responsibility.
Licensees shall be responsible for the conduct of their place of business and shall maintain
conditions of sobriety and order. The act of any employee on the licensed premises authorized to
sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to
all penalties provided by this Chapter equally with the employee.
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l. Closing Hours.
No sale of beer or 3.2 percent malt liquor may be made between 1:00 a.m. and 8:00 a.m. on the
days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday. No sale
may be made on Christmas Day, December 25; or after 8:00 p.m. on Christmas Eve, December
24. (Ref. 501, 550, 602, 647, 783, 932, 982)
Fridiey City Code Chapter 602
2. Remaining on Premises.
Section 602.12.
It shall be unlawful for any persons or customers, other than the licensee or their employees, to
remain on the premises after 1:30 a.m. There shall be no consumption of wine, 3.2 percent malt
liquor, or any intoxicating liquor by any persons, including licensees or their employees, after
1:30 a.m.
602.10. CLUBS
No club shall sell beer except to members and to guests in the company of inembers.
602.11. RESTRICTIONS ON PURCHASE AND CONSUMPTION
1. Age Misrepresentation.
Persons under twenty-one (21) years of age shall not misrepresent their age for the purpose of
obtaining beer. (Ref. 909)
2. Inducing Purchase.
No person shall induce a person under the age of twenty-one (21) years to purchase or procure
beer. (Ref. 909)
3. Procurement.
No person other than the_parent or legal guardian shall procure beer for any person under the age
of twenty-orie (21) years. (Ref. 909)
4. Possession.
Persons under twenty-one (21) years of age shall not have beer in their possession with the intent
to consume it at a place other than the household of their parents or guardians. (Ref. 909)
5. Liquor Consumption and Display.
No person shall consume or display any intoxicating liquor on the premises of a licensee unless
said licensee is also licensed to sell intoxicating liquors or holds a"public drinking place
license".
602.12. ENTERTAINMENT LICENSE REQUIRED
No person operating an establishment in the business of selling, permitting to be displayed or
consumed an intoxicating liquor or 3.2 percent malt liquor shall permit any entertainment on the
premises without having secured a license from the City Council to permit such entertainment.
Fridley City Code Chapter 602
602.13. LIABILITY INSURANCE
Section 602.13.4.
1. Every person licensed to sell at retail intoxicating liquor or 3.2 percent malt liquor at on-sale
or off-sale or on-sale wine shall demonstrate proof of financial responsibility with regard to
liability imposed by Minnesota Statutes, Section 340A.409 to the City Clerk as a condition of the
issuance or renewal of his or her license. Proof of financial responsibility may be given by filing:
(Ref. 1110)
A. A certificate that there is in effect for the period covered by the license an insurance
policy or pool providing the following minimum coverages:
(1) $50,000 because of bodily injury to any one person in any one occurrence, and,
subject to the limit for one person, in the amount of $100,000 because of bodily
injury to two or more persons in any one occurrence, and in the amount of $10,000
because of injury to or destruction of property of others in any one occurrence.
(2) $50,000 for loss of ineans of support of any one person in any one occurrence, and,
subject to the limit for one person, $100,000 for loss of ineans of support of two or
more persons in one occurrence; or
B. A bond of a surety company with minimum coverages as provided in clause (A) above,
or
C. A certificate of the State Treasurer that the licensee has deposited with the State
Treasurer $100,000 in cash or securities which may legally be purchased by savings
banks or for trust funds having a market value of $100,000.
2. A liability insurance policy required by Section 602.13.1 shall provide that it may not be
canceled for any cause, either by the insured or the insurance company without first giving ten
(10) days notice to the City of Fridley in writing of the intention to cancel it, addressed to the
City Clerk of the City of Fridley.
3. A liability insurance policy required by Section 602.13.1 shall provide that the insurance
company agrees to contact the City of Fridley in writing and addressed to the City Clerk of the
City of Fridley, within ten (10) days of any claim made against the policy.
4. A liability insurance policy required by Section 602.13.1 that contains, annual aggregate
limits of liability shall require the insured to buy additional coverage after any claim is made that
reduces the coverage under the policy below the requirements of Section 602.13.1.
Fridley City Code Chapter 602 Section 602.15.
5. The operation of a retail intoxicating or 32 percent malt liquor business at on-sale or off-sale
or on-sale wine, without having on file at all times with the City of Fridley the liability insurance
policy or other evidence of financial responsibility required under Section 602.13.1 shall be
grounds for immediate revocation of the license. Notice of cancellation of a current liquor
liability policy serves as notice to the licensee of the impending revocation and unless evidence
of compliance with the financial responsibility requirements of Section 602. 13. 1 is presented to
the City Clerk before the termination is effective, the license will be revoked instantly upon the
lapse.
6. The City Clerk shall submit the provided proof of financial responsibility to the
Commissioner of Public Safety.
602.14. REVOCATION
The violation of any provision or condition of this Chapter by beer licensees or their agents is
ground for revocation or suspension of the license. The license of any person who holds a federal
retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place
shall be revoked without notice and without hearing. In all other cases, except where mandatory
revocation is provided by law without notice and hearing and except where suspension may be
made without a hearing, the holder of the license shall be granted a hearing upon at least ten (10)
days notice before revocation or suspension is ordered. The notice shall state the time and place
of hearing and the nature of the charges against the licensee.
602.15. PENALTIES
Any violation of the provisions of this Chapter is a misdemeanor and is subject to all penalties
provided for such violations under the provisions of Chapter 901 of this Code.
FRIDLEY CITY CODE
CHAPTER 603. INTOXICATING LIQUOR
(Ref. 188, 435, 502, 52J, 548, �79, 601, 611, 660, 752, 770, 78�, 807, 847, 849, 882, 910, 933, 959, 983, 991, 993,
1023, 1042, 1159, 1172)
603.01. DEFINITIONS
The following definitions shall apply in the interpretation and application of this Chapter and the
followin� words and terms, wherever they occur in this Chapter, are defined as follows: (Ref.
435)
l. Bowling Center
An establishment under the control of a single proprietor or manager, having a minimum of 20
lanes for the sport of bowling and where, in consideration of payment therefore, the general
public is permitted to participate in the sport of bowling. Such establishment shall have a
kitchen and other facilities to serve meals and where, in consideration of payment therefore,
meals are regularly served at tables to the general public. Such establishment employs an
adequate staff for the usual and suitable service to its guests, and the business of bowling,
including sale or rental of bowling equipment and supplies, for a license year is a minimum of
60% of the total gross sales of the business.
2. Church.
A building which is principally used as a place where persons of the same faith regularly
assemble for public worship.
3. Floor Area. -
All of the floor area of the various floors of a licensed premise measured to the centers of all
partitions, except those areas primarily for non-service purposes including, but not limited to,
dead storage, building management, toilets or restrooms, mechanical equipment rooms and
kitchens. Floor area is used to calculate the license fee.
Banquet facilities used less than five (5) times per week, on the average, are counted at one-half
(1/2) actual size. (Ref. 660)
4. Hotel.
Any establishment having a resident proprietor or manager, where, in consideration of payment
therefore, food and lodging are regularly furnished to transients. Such establishment maintains
for the use of its guests not less than 50 guest rooms with bedding and other usual, suitable and
necessary furnishing in each room; is provided at the main entrance with a suitable lobby, desk,
and office for the registration of its guests on the ground floor; employs an adequate staff to
provide suitable and usual service under ti�e same management and control as the rest of the
establishment; and has a kitchen and dining room with a total minimum floor area of 2,000
square feet where the general public are, in consideration of payment therefore, served meals at
tables. (Ref. 1172)
Fridley City Code Chapter 603
5. Intoxicating Liquor.
Section 603.02
Ethyl alcohol and distilled, fermented, spirituous, vinous, and malt beverages containing in
eYCess of 3.2% of alcohol by weight.
6. Manufacturer.
Every person who, by any process of manufacturing, fermenting, brewing, distilling, refining,
rectifying, blending, or by the combination of different materials, prepares or produces
intoxicating liquors for sale. �
7. On-Sale.
The sale of intoxicating liquor by the glass or by the drink for consumption on the premises only.
8 . Restaurant.
Any establishment, other than a hotel or bowling center, under the control of a single proprietar
or manager, having kitchen and other facilities to serve meals and where, in consideration of
payment therefore, meals are regularly served at tables to the general public. Such establishment
employs an adequate staff for the usual and suitable service to its guests, and the business of
serving food and/or intoxicating liquors for a license year is a minimum of 40% of the total gross
sales of the business. (Ref. 1172)
9. Sale (Sell).
All barters and all manners or means of furnishing intoxicating liquor or liquors, including those
in violation or evasion of law, and also including the usual dictionary meaning.
10. Wholesale.
Any sale for purposes of resale. The term "wholesale" means any person engaged in the business
of selling intoxicating liquor to retail dealers.
603.02. LICENSE REQUIRED
No person, except wholesalers or manufacturers to the extent 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.
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)
Fridley City Code Chapter 603
603.03. APPLICATION
Section 603.03.3.J.
Every application for a license to sell intoxicating liquor shall be verified and filed with the City
Clerk. In addition to the information which may be required by the State Liquor Control
Commissioner's form, the application shall contain the following information:
1. Whether the applicant is a person, corporation, partnership, or other form of organization.
2. The type of license the applicant seeks.
3. If the applicant is a natural person, the following information:
A. True name, place and date of birth, and street resident address.
B. Whether the applicant has ever used, or been known by, a name other than the applicant's
true name and, if so, what was such name, or names, and information concerning dates
and places where used.
C. The name of the business if it is to be conducted under a designation, name or style other
than the full individual name of the applicant; in such case a copy of the certification, as
required by Chapter 333, Minnesota Statutes, certified by the Clerk of District Court,
shall be attached to the application.
D. W'hether the applicant is married or single. If married, true name, place and date of birth,
and street residence address of applicant's present spouse.
E. Whether applicant and present spouse are registered voters and, if so, where.
F. Street addresses at which applicant and present spouse have lived during the preceding
ten (10) years.
G. Kind, name and location of every business, or occupation, applicant or present spouse
have been engaged in during the preceding ten (10) years.
H. Names and addresses of applicant's and spouse's employers and partners, if any, for the
preceding ten (10) years.
I. Whether applicant or spouse, or a parent, brother, sister, or child of either of them has
ever been convicted of any felony, crime or violation of any ordinance, other than traffic.
If so, the applicant shall furnish information as to the time, place and offense for which
convictions were had.
Whether applicant or spouse, or a parent, brother, sister, or child of either of them has
ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern
or other business of a similar nature. If so, applicant shall furnish information as to the
date, place and length of time.
Fridley City Code Chapter 603
Section 603.03..07
K. Whether applicant has ever been in military service. If so, applicant shall, upon request,
exhibit all discharaes.
L. The name, address and business address of each person who is engaged in Minnesota in
the business of selling, manufacturing or distributing liquor and who is nearer to kin to
the applicant or spouse than second cousin, whether of the whole or half blood, computed
by the rules of civil law, or who is a brother-in-law or sister-in-law of the applicant or the
applicant's spouse.
4. If the applicant is a partnership, the names and addresses of all partners and all information
concerning each partner as is required of a single applicant in Section 603.03.3 above. A
managing partner, or partners, shall be designated. The interest of each partner in the business
shall be disclosed. A true copy of the partnership agreement shall be submitted with the
application and, if the partnership is required to file a certificate as to a trade name under the
provisions of Chapter 333, Minnesota Statutes, a copy of such certificate certified by the Clerk of
District Court shall be attached to the application.
5. If the applicant is a corparation or other organization and is applying for an "on-sale" license,
the following:
A. Name, and if incorporated, the state of incorporation.
B. A true copy of the Corporation's Certificate of Incorporation, Articles of Incorporation or
Association Agreement and By-laws, and if a foreign corporation, a Certificate of
Authority as described in Chapter 303, Minnesota Statutes.
C. The name of the manager or proprietor or other agent in charge of the premises to be
licensed, giving all the information about said person as is required of a single applicant
in Section 603.03.3.
D. Notwithstanding the definition of interest as given in Section 603.08, the application shall
contain a list of all persons who, singly or together with their spouse, or a parent, brother,
sister or child or either of them, own or control an interest in said corporation or
association in excess of 5% or who are officers of said corporation or association,
together with their addresses and all information as is required of a single applicant in
Section 603.03.3. -
6. The exact legal description of the premises to be licensed together with a plot plan of the area
showing dimensions, locations of buildings, street access, parking facilities and the locations of
distances to the nearest church building and school grounds.
7. The floor number and street number where the sale of intoxicating liquors is to be conducted
and the rooms where liquor is to be sold or consumed. An applicant for an"on-sale"' license shall
submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall
show dimensions and shall indicate the number of persons intended to be served in each of said
rooms.
Fridley City Code Chapter 603 Section 603.03.15.B.
8. If a permit from the Federal government is required by the laws of the United States, whether
or not such permit has been issued, and if so required, in what name issued and the nature of the
permit.
9. The amount of the investment that the applicant has in the business, building, premises,
fixtures, furniture, stock in trade, etc., and proof of the source of such money.
10. The names and addresses of all persons, other than the applicant, who have any financial
interest in the business, buildings, premises, fixtures, furniture, stock in trade; the nature of such
interest, amount thereof, and terms for payment or other reimbursement. This shall include, but
not be limited to, any lessees, lessors, mortgagees, lenders, lienholders, trustees, trustors, and
persons who have co-signed notes or otherwise loaned, pledged, or extended security for any
indebtedness of the applicant.
11. The names, residences and business addresses of three (3) persons, residents of the State of
Minnesota, of good moral character, not related to the applicant or financially interested in the
premises or business, who may be referred to as to the applicant's character or, in the case where
information is required of a manager, the manager's character.
12. Whether or not all real estate, special assessments, and personal property taxes for the
premises to be licensed which are due and payable have been paid, and if not paid, the years and
amounts which are unpaid.
13. Whenever the application for an "on-sale" license to sell intoxicating liquor, or for a transfer
thereof, is for premises either planned or under construction or undergoing substantial alteration,
the application shall be accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed. (Re£ 579)
14. Whenever the applicant for an "on-sale" license to sell intoxicating liquor is made for a
proposed or existing establishment, the following items are to be provided with the application:
A. Site plans of the premises indicating property and building location, parking area,
landscaping and screening. Minimum parking requirements are to be a ratio of one (1) ten
by twenty (10 x 20) foot parking stall for every three (3) seats of total seating capacity.
B. Plans and specifications for the proposed establishment of for enlargement, alteration or
extension of an existing establishment, showing floor plans with total seating capacity.
(Ref Ord 1159)
15. Other requirements are:
A. All plans and specifications must be reviewed and approved by the Building Inspection
Department before issuance of building permit. (Ref. 579)
B. Such other information as the City Council shall reasonably require. (Ref Ord 1159)
Fridley City� Code Chapter 603
b03.04. EXECtiTION OF APPLICATION
Section 603A�.7.
If the application is by a natural person, it shall be signed and sw•orn to by such person; if by a
corporation, by an officer thereof; if by a partnership, by one of the partners; if by an
unincorporated association, by the manager or managing officer thereof. If the applicant is a
partnership, the application, license and insurance policy shall be made and issued in the name of
all partners.
603.05. FEES
1. The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
2. The annual license fee shall be paid in full before the applicant for a license is accepted. All
fees shall be paid into the General Fund of the City. Upon rejection of any application for a
license, or upon withdrawal of application before approval of the issuance by the City Council,
the license fee shall be refunded to the applicant except where rejection is for a willful
misstatement in the license application.
3. The fee for an "on-sale" license granted after the commencement of the license year shall be
pro-rated on a monthly basis.
4. The fee may be paid in two installments if the license is for a full twelve (12) month period.
The first half of the fee shall be due and payable with the original application. For a renewal
license fee, the fee will be paid with the renewal application sixty (60) days prior to the
expiration of the existing license in'accordance with Section 603.07.02. The second half shall be
due and payable by September 30 of each year. If the fee is not received in accordance with this
section, the non-payment would be cause for immediate and automatic suspension. (Ref. 993)
5. When the license is for premises where the building is not ready for occupancy, the time
fixed for computation of the license fee for the initial license period shall be ninety (90) days
after approval of the license by the City Council or upon the date the building is ready for
occupancy, whichever is sooner.
6. No transfer of a license shall be permitted from place to place or person to person without
complying with the requirements of an original application, except as provided by Section
603.05.9 and except where a new application is filed for a transfer of license from place to place
and is for premises where the building was not ready for occupancy at the time of the original
application and the new application is filed within ninety (90) days after approval of the original
license by the City Council but before a Certificate of occupancy for the original location has
been issued, no additional license fee is required and the investigating fee shall be as specified in
Section 603.05.8. (Ref. 579)
7. No part of the fee paid for any license shall be refund (1, except in accordance with this
Section.
Fridley City Code Chapter 603 Sectian 603.07.1.B.
8. At the time of each original application for a license, the applicant shall pay in full an
investigating fee. For a single person, the investigating fee shall be $200.00. For a corporation,
partnership or other association, the investigation fee shall be $400.00. No investigating fee shall
be refunded.
9. At any time that an additional investigation is required because of a change in ownership or
control of a corporation or because of an enlargement, alteration, ar extension of premises
previously licensed, or because of a transfer from place to place which transfer comes within the
exception expressed in 603.05.5, the licensee shall pay an additional investigating fee in the
amount of $50.00.
10. Where a. new application is filed as a result of incorporation by an existing licensee and the
ownership control and interest in the license are unchanged, no additional license fee will be
required.
11. Where approval has been granted as provided by this Chapter, for the transfer of a license
from person to person and where the successor licensee has paid the fee for the balance of the
license year, then the transferring license holder shall have refunded to it on a pro-rata basis, that
portion of the license fee which represents the unused portion of the license year. However, this
provision does not prevent the City from charging to the successor license holder an additional
investigation fee as provided in Section 603.05.07. (Ref. 849)
603.06. SUNDAY LIQUOR SALES
The annual license fee for "Sunday Liquor Sales" shall be provided in Chapter 11. This fee is 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, insofar as practicable.
603.07. GRANTING OF LICENSES
1. Initial Licenses
A. In order to assist the City Council in investigating the facts set out in the application and
in order to determine the eligibility of the applicant for a license, pursuant to the
provisions of this Chapter and of the State Law, the City Council may appoint a License
Board. In the event that such License Board is established, it shall be organized in such a
manner as the City Council shall determine by resolution.
B. All applications for a license shall be referred to the Public Safety Director and to such
other City Departments as the City Manager shall deem necessary far verification and
investigation of the facts set forth in the application. The Public Safety Director shall
cause to be made such investigation of the information requested in Section 603.03 as
shall be necessary and shall make a written recommendation and report to the License
Board, or to the City Council, as the case may be, which shall include a list of all
violations of Federal or State law or Municipal ordinance. The License Board, or City
Council may order and conduct such additional investigation as it shall deem necessary.
Fridley City Code Chapter 603
Section 603.07.2.A.
C. Lpon receipt of the written report and recommendation by the Public Safety Director and
�vithin twenty (20) days thereafter, the Chairman of the License Board or the City
Council, shall instruct the City Clerk to cause to be published in the official newspaper,
ten (10) days in advance, a notice of a hearing to be held by the License Board ar the City
Council, setting forth the day, time and place when the hearing will be held, the name of
the applicant, the premises where the business is to be conducted, the nature of the
business and such other information as the License Board may direct. At the hearing,
opportunity shall be given to any person to be heard for or against the granting of the
license. A license, other than a renewal, shall not be approved before the next regular
meeting of the City Council following such hearing.
D. After receiving such report, recommendation, and public comment for the initial license,
the City Council shall conduct within a reasonable time such additional hearing as it may
deem advisable and thereafter shall grant or refuse the application in its discretion.
E. Each license shall be issued to the applicant only. Each license shall be issued only for
the premises described in the application. No license may be transferred to another person
or to another place without complying with the requirements of an original application,
including the approval of the City Council and the Liquor Control Cominissioner as
required, except as provided by Sections 603.05.5 and 603.05.9. (Ref. 579)
F. The City Clerk shall, within ten (10) days after the issuance of any license under this
Chapter, submit to the Liquor Control Commissioner the full name and address of each.
person granted a license, the trade name, the effective license date, and the date of
expiration of the license. The City Clerk shall also submit to the Liquar Control
Commissioner any change of address, transfer, cancellation or revocation of any license
by the Council during the license period.
G. Where a license is granted to premises where the building is under construction or
otherwise not ready for occupancy, the City Clerk shall not issue the license until
notification by the Building Inspection Department that a Certificate of Occupancy has
been issued and the building is ready for occupancy. (Ref. 579)
2. Renewal Licenses
A. Applications for the renewal of an existing license shall be made at least 60 days prior to
the date of the expiration of the license and shall be made in such abbreviated form as the
City Council may approve. If, in the judgment of the City Council, good and sufficient
cause is shown by an applicant for their failure to file for a renewal within the time
provided, the City Council may, if the other provisions of this Chapter are complied with,
grant the application. A review shall be made of all facts set out in the application. The
City Council shall grant or refuse the application at it discretion.
Fridley Ciry Code Chapter 603
Section 603.08.7.
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 that the application is approved by the City
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 of the restaurant for the
tw�elve (12) month period immediately preceding the date for filing renewal applications.
A foreign corporation shall file a current Certificate of Authority.
C. Each license holder shall be given written notice, by mail, at least ten (10) days but not
more than thirty (30) days before the City Council acts upon their license renewal. This
notice shall be in a form as designated by the City Clerk and shall specify the date and
time when the renewal application will be considered by the City Council. The license
holder shall be permitted an opportunity to address the City Council on its license
rene���al application. (Ref. 807)
603.08. PERSONS INELIGIBLE
No license shall be granted or held by any person:
1. Under t��enty-one (21) years of age. (Ref. 910)
2. Who is not of good moral character and repute. If the applicant has been an owner, manager
or employee of a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature, the
City Council may consider the applicant's past performance record in determining whether a
license shall be granted or renewed. (Ref. 579)
3. Who, if an individual, is an alien.
4. Who has been convicted, within 15 years prior to the application of such license, of any
willful violation of any law of the United States, the State of Minnesota, or any other state or
temtory, or of any local ordinance regarding the manufacture, sale, distribution or possession for
sale or distribution of intoxicating liquor, or whose liquor license has been revoked for any
willful violation of any law or ordinance.
5. Who is a manufacturer or wholesaler of intoxicating liquor. No manufacturer or wholesaler
shall either directly or indirectly own or control or have any financial interest in any retail
business selling intoxicating liquor.
6. Who is directly or indirectly interested in any other establishment in the City of Fridley to
which an"on-sale" license has been issued under this Chapter.
7. Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of
this Section.
Fridley City Code Chapter 603 Section 603.09.4.
8. Who is the spouse of a person ineligible for a license pursuant to the provisions of
Subdivisions 4, 5, or 6 of this Section or who, in the judgment of the City Council, is not the real
party in interest or beneficial owner of the business operated, or to be operated, under the license.
The term "interest" as used in this Section includes any pecuniary interest in the ownership,
operation, management or profits of a retail liquor establishment, but does not include bona fide
loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held
with or without security arising out of the ordinary and regular course or business of selling or
leasing merchandise, fixtures or supplies to such establishment; or an interest of ten per cent
(10%) or less in any corporation holding a license. A person who receives monies from time to
time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor
and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such
retail license. In determining "bona fide" the reasonable value of the goods or things received as
consideration for any payment by the licensee and all other facts reasonably tending to prove or
disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this
Section shall be considered.
603.09. PLACES INELIGIBLE
l. No license shall be granted or renewed for operation on any premises on which financial
claims of the State are due, delinquent or unpaid. (Ref. 993)
2. No license shall be b anted 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.
3. No license shall be issued for the premises owned by a person to whom a license may not be
granted under this Chapter.
4. No "on-sale" license shall be granted for a restaurant and/or hotel that does not have a
minimum total building area of 5,000 square feet, with a minimum kitchen and dining area of
2,000 square feet and with a minimum seating capacity that is open to the general public of 130.
(Ref. 579)
Fridley City Code Chapter 603
603.10. CONDITIONS OF LICENSE
Section 603.10.10.
Every license shall be granted subject to the condition of all Sections of this Chapter and of any
other applicable provision of this Code or State law, including the following:
1. The license shall be posted in a conspicuous place in the licensed establishment at all times.
2. Licensees shall be responsible for the conduct of their place of business and the conditions of
sobriety and order in the place of business and on the premises.
3. No "on-sale" licensee shall sell intoxicating liquor "off-sale".
4. No license shall be effective beyond the space named in the license for which it was granted
5. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to
any habitual drunkard, to a person under twenty-one (21) years of age, or to any person to whom
sale is prohibited by State law. (Ref. 910)
6. No person under eighteen (18) years of age shall be employed in a roorri where sales are
made, except that persons under eighteen (18) years of age may be employed as musicians,
busboys and dishwashers. (Ref. 579)
7. No licensee shall keep, possess, operate ar permit the keeping, possession, ar operation of
any dice, playing cards, video game of chance, or gambling device including slot machines,
roulette wheels, punchboards, and pin ball machines which return coins or slugs, chips, or tokens
or any kind which are redeemable in merchandise, cash or other item of value on the licensed
premises. Except for pull-tabs, the license shall not permit any gambling therein, whether or not
licensed by the State, or whether or not a private social bet not part of or incidental to organized
commercialized, or systematic gambling. Pull-tabs may be sold on licensed premises when such
activity is licensed by the State pursuant to Minnesota Statute, Chapter 349, and conducted
pursuant to the regulations contained in this City Code. (Ref. 959)
8. Licensees shall not knowingly permit the licensed premises or any room in those premises or
any adjoining building directly or indirectly under their control to be used as a resort for
prostitutes.
9. No equipment or fixture in any licensed place shall be owned in whole or in part by any
manufacturer or distiller of intoxicating liquor, except such as shall be expressly permitted by
State law.
10. Any police officer, or any properly designated officer or employee of the City shall have the
right to enter, inspect and search the premises of the licensee during the business hours without a
warrant.
Fridley City Code Chapter 60_ Section 603.10.18.
11. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in any original
package which has been refilled or partially refilled. No licensee shall directly or through any
other person delete or in any manner tamper with the contents of any original package so as to
change its composition or alcoholic content while in the original package. Possession on the
premises by the licensee of liquor in the original package differing in composition or alcoholic
content in the liquor when received from the manufacturer or wholesaler from whom it was
purchased, shall be prima facie evidence that the contents of the original package have been
diluted, changed or tampered with.
12. No "on-sale" liquor establishment shall display liquor to the public during hours when the
sale of liquor is prohibited by the Chapter.
13. No licensee shall apply for or possess a Federal Wholesale Liquor Dealers special tax stamp
or a Federal Gambling stamp.
14. No licensee shall keep ethyl alcohol or neutral spirits on any licensed premises or permit
their use on the premises as a beverage or mixed with a beverage.
15. The business records of the licensee, including Federal and State tax returns, shall be
available for inspection by the City Manager, or other duly authorized representative of the City
or the City Gouncil, at all reasonable times.
16. Changes in the corporate or association officers, corporate charter, articles of incorporation,
by-laws, or partnership agreement, as the case may be, shall be submitted to the City Clerk
within thirty (30) days after such changes are made. Notwithstanding the definition of interest as
given in Section 603.08, in the case of a corporation, the licensee shall notify the City Clerk
when a person not listed in the application acquires an interest which, together with that of
spouse, parent, brother, sister, or child, exceeds 5%, and shall give all information about said
person as is required of a person pursuant to the provisions of Section 603.03.3.
17. At the time licensees submit their applications for renewal of a license, they shall list all
direct ar indirect contributions made to or on behalf of a candidate for Fridley City
Councilperson or Mayor, including, but not limited to, Candidates, Committees, Volunteer
Committees, etc., for all City elections within the last 365 days.
18. A restaurant shall be conducted in such a manner that, of that part of the total business
attributable to or derived from the serving of foods and intoxicating liquors, a minimum of 40%
of the business for a license year is from the serving of food. A hotel shall be conducted in such a
manner that, of that part of the total business attributable to or derived from the serving of foods
and intoxicating liquors a minimum of 40% of the business for a license year is from the serving
of food. A bowling center shall be conducted in such a manner that, of that part of the total
business attributable to or derived from the sale of food and intoxicating liquors, a minimum of
30% of the gross sales of the food and liquor is from the serving of food. (Ref. 1172)
Fridley City Code Chapter 603
Section 603.12.4.
19. At the time of application for renewal of application of an "on-sale" license, the applicant
shall submit proof to the City that the minimum percentage provided above 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 is to be used, is in the serving of food. (Ref. 1172)
20. No licensee shall hold events which are exclusively for persons under the age of 21 except
social functions that are held in a portion of the establishment where liquor is not sold. Social
functions that are held in a portion of the restaurant where liquor is not sold shall be limited to
persons age 18 and older. (Ref. 1042)
21. No licensee shall permit any person under the age of 18 to enter a licensed establishment
except for the purpose of consuming meals or performing work for the establishment, or in the
case of bowling centers, for the purpose of bowling and related activities, unless accompanied by
a parent ar guardian. (Ref. 1042)
603.11. HOURS OF OPERATION
1. No sale of intoYicating liquor for consumption on the licensed premises may be made
between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00
a.m. and 10:00 a.m. on Sunday. No sale may be made on Christmas Day, December 25; or after
8:00 p.m. on Christmas Eve, December 24. (Ref. 752, 784, 933, 983) 2. It shall be unlawful for
any persons or customers, other than the licensees or their employees to remain on the premises
after 1:30 a.m. There shall be no consumption by any persons, including the licensees and their
employees, after 1:30 a.m.
603.12. HOTELS _
No sale of intoxicating liquor shall be made to, or in, guest rooms of hotels unless the following
conditions exist:
1. The rules of such hotel provide for the service of ineals in guest rooms;
2. The sale of such intoxicating liquor is made in the manner required for "on- sale";
3. Such sale accompanies and is incident of the regular service of ineals to guests therein; and,
4. The rules of such hotel and the description, location, and number of such guest rooms are
fully set out in the application for a license.
Fridiey City Code Chapter 603
603.13. RESTRICTIONS INVOLVING MINORS
Section 603.13.6.
L No licensees, their agents or employees shall serve or dispense upon the licensed premises
any intoxicating liquor or non- intoxicating malt liquors to any person under twenty-one (21)
years of age; nor shall such licensees, or their agents or employees, permit any person under
twenty-one (21) years of age to be furnished or consume any such liquors on the licensed
premises. (Ref. 910)
2. Persons under twenty-one (21) years of age shall not misrepresent their age for the purpose
of obtaining intoxicating liquor or non- intoxicating malt liquor; nor shall they enter any
premises licensed for the retail sale of intoxicating liquor, or non- intoxicating malt liquor, for
the purpose of purchasing or having served or delivered to them for consuming any such
intoxicating liquor or beer; nor shall they purchase, attempt to purchase, consume, or have
another person purchase for them any intoxicating liquor or beer. (Ref. 910)
3. No person shall induce a person under twenty-one (21) years of age to purchase or procure or
obtain intoxicating liquor or non-intoxicating malt liquor. (Ref. 910)
4. Any person who may appear to licensees, their employees or agents to be a minor shall, upon
demand of the licensees, their employees or agents, produce and permit to be examined a valid
driver's license or a current nonqualification certificate issued pursuant to Minnesota Statutes,
Section 340.039.
5. In every prosecution, for a violation of the provisions of this Chapter relating to the sale or
furnishing of intoxicating liquor or non- intoxicating malt beverage to a person under twenty-one
(21) years of age, and in every proceeding before the City Council with respect thereto, the fact
that the person under twenty-one (21) years of age involved has obtained and presented to the
licensees, their employees or agents, a verified identification card from which it appears that said
person was twenty-one (21) years of age and was regularly issued such identification card, shall
be prima facie evidence that the licensees, their agents or employees are not guilty of a violation
of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not
willful or intentional. (Ref. 910)
6. Persons who may appear to the licensees, their employees or agents to be under twenty-one
(21) years of age and who do not have in their possession any identification certificate as above
described, may sign and execute a statement in writing as follows:
Fridley City Code Chapter 603
READ CAREFULLY BEFORE SIGNING
Section 603.13.6.
It shall be unlawful for persons to misrepresent or mis-state their age, or the age of any other
person for the purpose of inducing any licensee, their employee or agent, or any licensee, or any
employee of any municipal liquor store, to sell, serve or deliver any alcoholic or non-
intoxicating malt liquor beverage to a person under twenty-one (21) years of age. It is also
unlawful for persons under twenty-one (21) years of age to have in their possession any
intoxicating liquor with intent to consume the same at a place other than the household of their
parent or guardian.
Any person who shall violate any of the foregoing provisions of law shall be punished
accordingly.
VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR PUNISHABLE
BY A F1NE OF $700.00 OR A 90 DAYS WORKHOUSE SENTENCE, OR BOTH.
My age is _. Date of Birth Place of Birth
My address is
Dated: Type of Identification, if any
Witness
Signed
The above form shall be furnished at the expense of all licensees desiring to use the same and
when properly executed may be considered as evidences in any prosecution and by the City
Council in any proceeding before the Council or a committee thereof relating to the business or
operations of the licensee. Such forms after execution shall be kept on file by the licensee for a
period of one (1) year. (Ref. 910) �
Fridley City Code Chapter 60�
603.14. OTHER RESTRICTIONS ON PURCH:�SE OR CONSUMPTION
Section 603.15.5.
l. No person shall give, sell, procure or purchase intoxicating liquors to, or for, any person to
whom the sale of intoYicating liquor is forbidden by law.
2. No person shall mix or prepare intoxicating liquor for consumption, or consume, in any
public place not licensed in accordance with the ordinances and laws of the City of Fridley and
the State of Minnesota.
3. No intoxicating liquor shall be sold or consumed on a public highway or in an automobile.
603.15. BONDS
1. Each application for an "on-sale", "off-sale" liquor license or "on-sale" wine license shall be
accompanied by a surety bond in the amount of $3,000.00 running to the City of Fridley, or in
lieu thereof, cash or United State Government bonds of equivalent market value, as provided in
Minnesota Statutes, Section 340.12. The bond shall be in effect for the period covered by the
license.
2. The bond's conditions are as follows:
A. The licensee will obey the laws relating to the licensed business.
B. The licensee will pay to the City, when due, all taxes, licenses, penalties, and other
charges.
C. In the event of any violation of any liquor laws, the bond shall be forfeited to the City, as
obligee.
3. Bonds for "on-sale" licenses shall be iiled with the City Clerk and approved by the City
Council. Bonds for "off-sale" licenses and "on-sale" wine licenses shall be filed with the City
Clerk and approved by the City Council and the Commissioner of Public Safety.
4. All bonds shall be for the benefit of the City, as obliges, and all persons suffering damages
by reason of the violation of the conditions of 603.15.2. Upon forfeiture of the bond for violation
of the law, the District Court of Anoka County may forfeit the bond's penal sum or any part
thereof to the City.
5. Operation of a licensed business without having on file at all times with the City of Fridley
effective security as required above shall be grounds for immediate revocation of the license.
(Ref. 807)
Fridley City Code Chapter 603
60316. LIABILITY INSURANCE
Section 603.16.5
1. Every person licensed to sell at retail intoxicating liquor or non-intoxicating malt liquor at
on-sale or off-sale or on-sale wine shall, after August 1, 1983, demonstrate proof of financial
responsibility with regard to liability imposed by Minnesota Statutes, Section 340.95, to the City
Clerk as a condition of the issuance or renewal of his or her license. Proof of financial
responsibility may be given by filing:
A. A certificate that there is in effect an insurance policy or pool providing the following
minimum coverages:
(1) $50,000 because of bodily injury to any one person in any one occunence, and,
subject to the limit for one person, in the amount of $100,000 because of bodily
injury to two or more persons in any one occurrence, and in the amount of $10,000
because of injury to or destruction of property of others in any one occurrence.
(2) $50,000 for loss of ineans of support of any one person in any one occurrence, and,
subject to the limit for one person, $100,000 for loss of ineans of support of two or
more persons in one occurrence; or
B. A bond of a surety company with minimum coverages as provided in clause (A) above,
or
C. A certificate of the State Treasurer that the licensee has deposited with the State
Treasurer $100,000 in cash or securities which may legally be purchased by savings
banks or for trust funds having a market value of $100,000.
2. A liability insurance policy required by Section 603.16.1 shall provide that it may not be
canceled for any cause, either by the insured or the insurance company without first giving ten
(10) days notice to the City of Fridley in writing of the intention to cancel it, addressed to the
City Clerk of the City of Fridley.
3. A liability insurance policy required by Section 603.16.1 shall provide that the insurance
company agrees to contact the City of Fridley in writing and addressed to the City Clerk of the
City of Fridley, within ten (10) days of any claim made against the policy.
4. A liability insurance policy required by Section 603.16.1 that contains annual aggregate
limits of liability shall require the insured to buy additional coverage after any claim is made that
reduces the coverage under the policy below the requirements of Section 603.16.1.
5. The operation of a retail intoxicating or non-intoxicating malt liquor business at on- sale or
off-sale or on-sale wine, without having on file at all times with the City of Fridley the liability
insurance policy or other evidence of financial responsibility required under Section 603.16.1
shall be grounds for immediate revocation of the license. Notice of cancellation of a current
liquor liability policy serves as notice to the licensee of the impending revocation and unless
evidence of compliance with the financial responsibility requirements of Section 603.16.1 is
presented to the City Clerk before the termination is effective, the license will be revoked
instantly upon the lapse.
Fridley City Code Chapter 603 Section 603.20.2.C.
6. The City Clerk shall submit the provided proof of financial responsibility to the
Commissioner of Public Safety.
603.17. SUSPENSION OR REVOCATION
The City Council may suspend or revoke any license far the sale of intoxicating liquor for the
violation of any provision or condition of this Chapter or of any State law or Federal law
regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation
which, under the laws of the State is grounds for mandatory revocation, and shall revoke for
failure to keep the insurance required by this Chapter in full force and effect.
603.18. NOTICE
Except in the case of suspension pending a hearing or immediate revocation for failure to have
on file at all times with the City the liability insurance policy or other evidence of financial
responsibility required under Sections 603.15 and 603.16, a revocation or suspension by the
Council shall be preceded by written notice to the licensee and a public hearing. The notice shall
give at least ten (10) days notice of the time and place of the hearing and shall state the nature of
the charges against the licensee. The Council may, without any notice, suspend any license
pending a hearing on revocation for a period not exceeding 30 days. The notice may be served
upon the licensee personally or by leaving the same at the licensed premises with the person in
charge thereof. No suspension shall exceed 60 days.
603.19. ALTERATION OF PREMISES
Proposed enlargement, alteration or extension of premises previously licensed shall be reported
to the City Clerk at or before the time application is made far a Building Permit for any such
change.
603.20. MANAGERIAL LICENSE
1. No person shall work as a manager of a premises licensed under this Chapter, and no licensee
shall permit any such person to be so employed, unless such person, within seven (7) days after
first being so employed, shall apply for a license to engage in such business. No persons may be
so employed for any length of time if their license is denied or revoked. (Ref. 1023)
2. An application for such license shall be filed with the City Clerk upon forms provided by the
City and such application shall be verified under oath and shall contain the following
information:
A. The names and addresses of two (2) residents of the State of Minnesota, who have known
the applicant for a period of two (2) years and who will vouch for the sobriety, honesty,
and general good character of the applicant.
B. A concise history of the applicant's previous employment.
C. The record, if any, of arrests and of convictions for crimes and misdemeanors other than
traffic offenses.
Fridley City Code Chapter 603 Section 603.22.4.
3. The annual license fee and expiration date shall be provided in Chapter 11 of this Code.
Application for renewal of.an existing license shall be made at least 15 days prior to the date of
the expiration of the license on such form as the City Council may approve.
4. The application shall be referred to the Police Department which shall investigate the facts
set forth in the application and make a written report thereon at the earliest practicable time. If
the Police Department recommends that such person be licensed, the City Clerk shall issue the
license forthwith. If the Police Department makes a recommendation that the license not be
issued, the applicant, upon request, shall be entitled to a hearing before the City Council and may
offer evidence to prove the license should be issued.
5. No persons shall be issued a license if it appears that they had committed an act which is a
wiliful violation of Minnesota Statutes Sections 340.07 through 340.40.
6. Any license issued hereunder may be revoked for any violation of this Chapter or of
Minnesota Statutes Sections 340.07 through 340.40 or for conviction of any crime or
misdemeanar involving moral turpitude.
603.21. AUTHORIZATION TO ISSUE "ON-SALE" WINE LICENSES
The City is hereby authorized to issue "on-sale" wine licenses pursuant to authority of Minnesota
Statutes. Licenses may be issued to "restaurants" as defined above. (Ref. 611)
603.22. WINE LICENSE
l. No person operating a restaurant shall sell or permit to be sold on said premises any wine
without having been issued either an"On-Sale Wine License" or an "On-Sale Intoxicating
Liquor License". An "On-Sale Wine License" permits only the "on-sale" of wine not exceeding
14 percent (14%) alcohol by volume in conjunction with the sale of food. (Ref. 611)
2. The annual license fee and expiration date for "On-Sale Wine Licenses" shall be provided in
Chapter 11 of this Code.
3. No wine license shall be issued to any restaurant having seating capacity of less than fifty
(50) persons. (Ref. 847)
4. The provisions of Sections 603.01 to 603.21 above shall apply to "On-Sale Wine Licenses"
insofar as practicable, as they relate to:
Definitions: Applications; Granting of Licenses; Persons and Places Ineligible;
Conditions of License; Hours of Operation; Restrictions Involving Minors; Other
Restrictions on Purchase or Consumption; Bonds; Liability Insurance; Notice and
Hearing on Suspension or Revocation of License; Alteration of Premises; and
Penalties. (Ref. 611)
Fridley City Code Chapter 603
603.23. TEMPORARY LICENSES
Section 603.24.2
l. The City is hereby authorized to issue a temporary on-sale intoxicating liquor "license" to
any club, charitable, religious, or other non-profit argarrization 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. This temporary on-sale intoxicating
liquor license shall only be issued for a social event occurring within the City limits and which is
being sponsored by the license.
2. The license shall be for, a period of not more than three (3) consecutive days and no more
than two licenses may be issued to the same organization in the same calendar year.
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 under the conditions of this Chapter.
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. Application for this temporary license must be made in duplicate on the form as prepared by
the Minnesota Department of Public Safety, Liquor Control Division. The original of this
application shall be forwarded by the City Clerk to the Minnesota Department of Public Safety,
Liquor Control Division. The copy of this application shall be retained by the City. This
application must be made at least thirty (30) days prior to its requested date. This license shall
not be effective unless approved by both the Minnesota Commissioner of Public Safety and the
Fridley City Council.
6. The annual license fee shall be provided in Chapter 11 of this code. (Ref. 849)
603.24. GAMBLING ENDORSEMENT
1. Statement of Policy
On-sale licensees may request permission of the City Council to permit State licensed
organizations to conduct lawful gambling in the form of pull-tabs only on the licensed premises.
Application for a gambling endorsement shall be made to the City Clerk with payment of the
specified fee in Chapter 11 of the City Code.
2. Regulations
Gambling endorsements on on-sale licenses shall be subject to the following regulations which
shall be deemed as a part of the license, and failure of compliance may constitute grounds for
adverse action as prescribed in the City Code.
Fridley City Code Chapter 603
Section 603.25.
A. lise of the licensed premises shall be by means of a State approved lease agreement
between the licensee and the licensed organization. A copy of the lease shall be filed with
the City Clerk, and also a copy must be kept on the premises and available for public
inspection upon request. Leases shall be governed by the following:
(1) The only form of gambling that shall be permitted on the licensed premises shall be
pull-tabs approved by the State.
(2) Full-tabs shall only be sold from a booth used solely by the licensed lawful gambling
organization, and pull-tabs shall neither be sold by employees of the licensee or sold
from the bar service area.
(3) The construction and maintenance of the booth used by the licensed lawful gambling
organization shall be the sole responsibility of the licensed lawful gambling
organization. (Ref. 991)
B. Only one licensed lawful gambling organization shall be permitted to sell pull-tabs on the
lice�sed premises.
C. The licensee may not be reimbursed by the licensed lawful gambling organization for any
license or permit fees, and the only compensation which the licensee may obtain from the
licensed lawful gambling organization is the rent fixed in the lease agreement.
D. The licensee shall be responsible for the licensed lawful gambling organization's conduct
of selling pull-tabs. The City Council may suspend the licensee's permission to allow
gambling on the premises for a period up to 60 days for any violation of State or local
gambling laws or regulations that occur on the premises by anyone, including the licensee
or the licensed lawful gambling organization. A second violation within a 12 month
suspension, and any additional violations within a 12 month period shall result in the
revocation of the gambling permission, and may also be considered by the Council as
grounds for suspension or revocation of the on-sale liquor license. (Ref. 882, 959)
603.25. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violation under the provisions of Chapter 901 of this Code.
FRIDLEY CITY CODE
CHAPTER 606. Il�'TOXICATING LIQUORS -- ON-SALE CLUBS
(Ref. 405, 648, 772, 809, 912, 935, 956, 984)
606.01. DEFINITIONS
The following definitions shall apply in the interpretation and application of this Chapter and the
followin� words and terms, wherever they occur in this Chapter, are defined as follows: {Ref.
956)
1. Club. "Club" is 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:
A. has more than 50 members;
B. 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.
C. 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 proiit from the distribution or sale of beverages to the members of the
club, or tlieir guests, beyond a reasonable salary or wages fixed and voted each year by
the governing body.
2. On-Sale. "On-Sale" is the sale of alcoholic beverages for consumption on the licensed
premises only. (Ref. 956)
606.02. LICENSES REQUIRED
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.
606.03. KIND OF LICENSE ISSUED
"On-Sale" licenses may be issued to clubs for the sale of on-sale liquors to members of the
organization or their bona fide guests only. (Ref. 956)
606.04. SUNDAY LIQUOR 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 1 l. This fee is 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 insofar as applicable.
Fridley City Code Chapter 606
606.05. APPLICATION
Section 606.07.5.
All applications for licenses hereunder shall be made to the City setting forth all information
necessary to show whether or not the applicant qualifies for such a license under this Chapter,
together with such additional information as may be required by the City Council.
606.06. LICENSE FEE
The annual license fees shall be the maximum allowed in Minnesota Statute 340A
as provided in Chapter 11 of this Code. (Ref. 956)
606.07. BONDS
l. Each application for an "on-sale", "off-sale" liquor license or "on-sale" wine license shall be
accompanied by a surety bond in the amount of $3,000.00 running to the City of Fridley, or in
lieu thereof, cash or United State Government bonds of equivalent market value, as provided in
Minnesota Statutes, Section 340.12. The bond shall be in effect for the period covered by the
license.
2. The bond's conditions are as follows:
A. The licensee will obey the laws relating to the licensed business.
B. The licensee will pay to the City, when due, all taxes, licenses, penalties, and other
charges.
C. In the event of any violation of any liquar laws, the bond shall be forfeited to the City, as
obligee.
3. Bonds for "on-sale" licenses shall be filed with the City Clerk and approved by the City
Council. Bonds for "off-sale" licenses and lion-sale" wine licenses shall be filed with the City
Clerk and approved by the City Council and the Commissioner of Public Safety.
4. All bonds shall be for the benefit of the City, as obligee, and all persons suffering damages
by reason of the violation of the conditions of 606.07.2. Upon forfeiture of the bond for violation
of the law, the District Court of Anoka County may forfeit the bond's penal sum or any part
thereof to the City.
5. Operation of a licensed business without having on file at all times with the City of Fridley
effective security as required above shall be grounds for immediate revocation of the license.
(Ref. 809)
Fridley City Code Chapter 606
606.08. LIABILITY INSURANCE
Section 606.08.4.
1. Every person licensed to sell at retail intoxicating liquor or non-intoxicatin� malt liquor at
on-sale or off-sale or on-sale wine shall, after August 1, 1983, demonstrate proof of financial
responsibility with regard to liability imposed by Minnesota Statutes, Section 340.95 to the City
Clerk as a condition of the issuance or renewal of his or her license. Proof of financial
responsibility may be given by filing:
A. A certificate that there is in effect for the period covered by the license an insurance
policy or pool providing the following minimum coverages:
(1) $50,000 because of bodily injury to any one person in any one occurrence, and,
subject to the limit for one person, in the amount of $100,000 because of bodily
injury to two or more persons in any one occurrence, and in the amount of $10,000
because of injury to or destruction of property of others in any one occunence.
(2) $50,000 for loss of ineans of support of any one person in any one occurrence, and,
subject to the limit for one person, $100,000 for loss of ineans of support of two or
more persons in one occurrence; or
B. A bond of a surety company with minimum coverages as provided in clause (A) above,
or
C. A certificate of the State Treasurer that the licensee has deposited with the State
Treasurer � 100,000 in cash or securities which may legally be purchased by savings
banks or for trust funds having a market value of $100,000. _
2. A liability insurance policy required by Section 606.08.1 shall provide that it may not be
canceled for any cause, either by the insured or the insurance company without first giving ten
(10) days notice to the City of Fridley in writing of the intention to cancel it, addressed to the
City Clerk of the City of Fridley.
3. A liability insurance policy required by Section 606.08.1 shall provide that the insurance
company agrees to contact the City of Fridley in writing and addressed to the City Clerk of the
City of Fridley, within ten (10) days of any claim made against the policy.
4. A liability insurance policy required by Section 606.08.1 that contains annual aggregate
limits of liability shall require the insured to buy additional coverage after any claim is made that
reduces the coverage under the policy below the requirements of Section 606.08.1.
Fridley City Code Chapter 606 Section 606.09.1.D.
5. The operation of a retail intoxicating or non-intoxicating malt liquor business at on-sale or
off-sale or on-sale �vine, without having on file at all times with the City of Fridley the liability
insurance policy or other evidence of financial responsibility required under Section 606.08.1
shall be grounds for immediate revocation of the license. Notice of cancellation of a current
liquor liability policy serves as notice to the licensee of the impending revocation and unless
evidence of compliance with the financial responsibility requirements of Section 606.08.1 is
presented to the City Clerk before the terinination is effective, the license will be revoked
instantly upon the lapse.
6. The City Clerk shall submit the provided proof of financial responsibility to the
Commissioner of Public Safety.
606.09 GRANTING OF LICENSES
1. Initial Licenses
A. In order to assist the City Council in investigating the facts set out in the application and
in order to determine the eligibility of the applicant for a license, pursuant to the
provisions of this Chapter and of the State Law, the City Council may appoint a License
Board. In the event that such License Board is established, it shall be organized in such a
manner as the City Council shall determine by resolution.
B. All applications for a license shall be referred to the Public Safety Director and to such
other City Departments as the City Manager shall deem necessary for verification and
investigation of the facts set forth in the application. The Public Safety Director shall
cause to be made such investigation of the information requested in Section 606.05 as
shall be necessary and shall make a written recommendation and report to the License
Board, or to the City Council, as the case may be, which shall include a list of all
violations of Federal ar State law or Municipal ardinance. The License Board, or City
Council may order and conduct such additional investigation as it shall deem necessary.
C. Upon receipt of the written report and recommendation by the Public Safety Director and
within twenty (20) days thereafter, the Chairman of the License Board or the City
Council, shall instruct the City Clerk to cause to be published in the official newspaper,
ten (10) days in advance, a notice of a hearing to be held by the License Board or the City
Council, setting forth the day, time and place when the hearing will be held, the name of
the applicant, the premises where the business is to be conducted, the nature of the
business and such other information as the License Board may direct. At the hearing,
opportunity shall be given to any person to be heard for or against the granting of the
license. A license, other than a renewal, shall not be approved before the next regular
meeting of the City Council following such hearing.
D. After receiving such report, recommendation and public comment for the initial license,
the City Council shall conduct within a reasonable time such additional hearing as it may
deem advisable and thereafter shall grant or refuse the application in its discretion.
Fridley City Code Chapter 606
Section 606.10.2.
E. Each license shall be issued to the applicant only. Each license shall be issued only for
the premises described in the application. No license may be transferred to another person
or to another place without complying with the requirements of an original application,
including the approval of the City Council and the Liquor Control Commissioner as
required.
F. The City Clerk shall, within ten (10) days after the issuance of any license under this
Chapter, submit to the Liquor Control Commissioner the full name and address of each
person granted a license, the trade name, the effective license date, and the date of
expiration of the license. The City Clerk shall also submit to the Liquor Control
Commissioner any change of address, transfer, cancellation or revocation of any license
by the Council during the license period.
G. Where a license is granted to premises where the building is under construction or
otherwise not ready for occupancy, the City Clerk shall not issue the license until
notification by the Building Inspection Department that a Certificate of Occupancy has
been issued and the building is ready for occupancy.
2. Renewal Licenses
A. Applications for the renewal of an existing license shall be made at least 60 days prior to
the date of the expiration of the license and shall be made in such abbreviated form as the
City Council may approve. If, in the judgment of the City Council, good and sufficient
cause is shown by an applicant for their failure to file for a renewal within the time
provided, the City Council may, if the other provisions of this Chapter are complied with,
_ grant the application. A review shall be made of all facts set out in the application. The
City Council shall grant or refuse the application in its discretion.
B. Each license holder shall be given written notice, by mail, at least ten (10) days but not
more than thirty (30) days before the City Council acts upon their license renewal. This
notice shall be in a form as designated by the City Clerk and shall specify the date and
time when the renewal application will be considered by the City Council. The license
holder shall be permitted an opportunity to address the City Council on its license
renewal application. (Ref. 809)
606.10. CONDITIONS
All licenses granted hereunder shall be issued subject to the following conditions, and all other
conditions of this Chapter and subject to all other provisions of this Code applicable thereto:
1. The license shall be posted at all times in a conspicuous place on the licensed premises.
2. No sale of any liquor will be made to any person under guardianship nor to any person under
twenty-one (21) years of age. (Ref 912)
Fridley City Code Chapter 606 Section 606.13.
3. No aambling nor any �ambling device prohibited by law shall be permitted in any licensed
premises.
4. All licenses granted under this Chapter shall be issued for the premises designated in the
application. Such license shall not be transferred to another place without approval of the
licensing authority.
5. No license shall be granted within six hundred (600) feet of any public school nor within six
hundred (600) feet of any church.
6. The licensed premises shall be open to inspection by any Police or Health Officer or other
properly designated officer or employee of the City at any time during which the club shall be
open to its members for business.
7. The sale of intoxicating liquor under such license is restricted to members of the club and
their bona fide guests. (Ref. 956)
8. The licensee shall strictly observe all of the laws relative to the "on-sale" of intoxicating
liquor as set forth in the Minnesota Statutes, together with all the rules and regulations of the
State Liquor Control Commission insofar as they are applicable.
9. The liability insurance policy as required by this Chapter shall be in full force and effect
during the term of any license granted thereunder.
606.11. HOURS OF OPERATION
l. No sale of intoxicating liquor for consumption on the licensed premises may be made
between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00
a.m. and 10:00 a.m. on Sunday. No sale may be made on Christmas Day, December 25; or after
8:00 p.m. on Christmas Eve, December 24. (Ref. 935, 984)
2. It shall be unlawful for any persons or, customers, other than the licensees or their employees
to remain on the premises after 1:30 a.m. There shall be no consumption by any persons,
including the licensees and their employees, after 1:30 a.m. (Ref. 809)
606.12. PROHIBITED SALES
No licensee shall sell or serve liquor to any intoxicated person or persons or permit any
intoxicated person or persons to remain upon the premises occupied by the holder of such
license.
606.13. CONDUCT PROHIBITED
No person shall conduct himself or herself in a disorderly or boisterous manner upon the
premises of a licensee holding an "on-sale" license, nor shall such licensee permit or suffer such
conduct upon such licensed premises.
Fridley City Code Chapter 606
606.14. REVOCATIOr
Section 606.15.
In addition to the provisions for revocation in Chapter 11 of this Code, any license granted
hereunder may be revoked by the City Council for cause. Cause for revocation shall be violation
by the licensee or its employees of any law of the State of Minnesota relating to intoxicating
liquor or violation by the licensee or its employees of any provision or condition of this Chapter.
Except as provided in Sections 606,07 and 606-08, before a license is revoked, the licensee shall
be provided with written notice setting out the nature of the charges against the licensee and
setting a time and place for hearing before the City Council not less than ten (10) days from the
service of said notice. No portion of the license fee paid shall be returned upon revocation.
606.15. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of this Code.
Minnesota Statutes 2003, 340A.�04
Minnesota $tatutes 2003, Table ot: Chapters
Tab_Iz of:_contents for_Cllapter_��OA
340A.504 Hours and days of sale.
Subdivision 1. 3.2 percent malt liquor. No sale of
3.2 percent malt liquor may be made between 2:00 a.m. and 8:00
a.m. on the days of Monday through Saturday, nor between 2:00
a.m. and 12:00 noon on Sunday, provided that an establishment
located on land owned by the Metropolitan Sports Commission, or
the sports arena for which one or more licenses have been issued
under section 390A.404, subdivision 2, paragraph (c), may sell
- -- -
3.2 percent malt liquor between 10:00 a.m. and 12:00 noon on a
Sunday on which a sports or other event is scheduled to begin at
that location on or before 1:00 p.m. of that day.
Subd. 2. Intoxicating liquor; on-sale. No sale of
intoxicating liquor for consumption on the licensed premises may
be made:
(1) between 2:00 a.m. and 8:00 a.m. on the days of Monday
through Saturday;
(2) after 2:00 a.m. on Sundays, except as provided by
subdivision 3.
Subd. 2a. Certain dispensing exempt. Where a hote�
possessing an on-sale intoxicating liquor license places
containers of intoxicating liquor in cabinets in hotel rooms for
the use of guests staying in those hotel rooms, and a charge is
made for withdrawals from those cabinets, the dispensing of
intoxicating liquor from those cabinets does not constitute a
sale for purposes of subdivision 2.
Subd. 3. Intoxicating liquor; Sunday sales; on-sale.
(a) A restaurant, club, bowling center, or hotel with a seating
capacity for at least 30 persons and which holds an on-sale
intoxicating liquor license may sell intoxicating liquor for
consumption on the premises in conjunction with the sale of food
between the hours of 12:00 noon on Sundays and 2:00 a.m. on
Mondays.
(b) The governing body of a municipality may after one
public hearing by ordinance permit a restaurant, hotel, bowling
center, or club to sell alcoholic beverages for consumption on
the premises in conjunction with the sale of food between the
hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays,
provided that the licensee is in conformance with the Minnesota
Clean Air Act.
(c) An establishment serving intoxicating liquor on Sundays
must obtain a Sunday license. The license must be issued by the
governing body of the municipality for a period of one year, and
the fee for the license may not exceed $200.
(d) A city may issue a Sunday intoxicating liquor license
only if authorized to do so by the voters of the city voting on
Yage 1 ot� 3
http://www.revisor.leg.state.mn.us/stats/340A/504.html 5/20/2004
Minnesota Statutes 2003, 340A.504
the question a� a general or special electior.. A county may
issue a Sunday intoxicating liquor license ir. a town only if
authorized to do so by the voters of the town as provided in
paragraph (e?. A county may issue a Sunday intoxicatinq liquor
license in ur.organized territory only if authorized to do so by
the voters o� the election precinct that contains the licensed
premises, vct�ng en the question at a general or special
election.
(e) An election conducted in a town on the question of the
issuance by *he county of Sunday sales licenses to
establishmen�s located in the town must be held on the day of
the annual e'_ection of town officers.
(f) Voter approval is not required for licenses issued by
the Metropolitan Airports Commission or common carrier licenses
issued by the commissioner. Common carriers serving
intoxicating liquor on Sunday must obtain a Sunday license from
the commissioner at an annual fee of $50, plus $20 for each
duplicate.
Subd. 4. Intoxicating liquor; off-sale. No sale of
intoxicatinq liquor may be made by an off-sale licensee:
(1� on Sundays;
(2) before 8:00 a.m. on Monday through Saturday;
(3) after 10:00 p.m. on Monday through Saturday at an
establishment located in a city other than a city of the first
class or within a city located within 15 miles of a city of the
first class in the same county;
(4) after 8:00 p.m. on Monday through Thursday and after -
10:00 p.m. on Friday and Saturday at an establishment located in
a city of the first class or within a city located within 15
miles of a city of the first class in the same county, provided
that an establishment may sell intoxicating liquor until 10:00
p.m. on December 31 and July 3, and on the day preceding
Thanksgiving day, unless otherwise prohibited under clause (1);
(5) on Thanksgiving Day;
{6) on Christmas Day, December 25; or
i7) after 8:00 p.m. on Christmas Eve, December 24.
Subd. 5. Bottle clubs. No establishment licensed
under section 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, and between 1:00 a.m. and 8:00 a.m. on Monday through
Saturday.
Subd. 6. Municipalities may limit hours. A
municipality may further limit the hours of sale of alcoholic
beverages, provided that further restricted hours must apply
equally to sales of 3.2 percent malt liquor and intoxicating
liquor. A city may not permit the sale of alcoholic beverages
during hours when the sale is prohibited by this section.
Page 2 ot� 3
http://www.revisor.leg.state.mn.us/stats/340A/504.htm1 5/20/2004
Minnesota Statutes 2UO3, 340A.SU4
Subd. 7. Sales after 1:00 a.m.; permit fee. (a) No
licensee may sell intoxicating liquor or 3.2 percent malt liquor
on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
licensee has obtained a permit from the commissioner.
Application for the permit must be on a form the commissior.er
prescribes. Permits are effective for one year from date of
issuance. For retailers of intoxicating liquor, the fee for the
permit is based on the licensee's gross receipts from on-sales
of alcoholic beverages in the 12 months prior to the month in
which the permit is issued, and is at the �ollowing rates:
(1) up to $100,000 in gross receipts, $200;
(2) over $100,000 but not over $500,OOC in gross receipts,
5500; and
(3) over S500,000 in gross receipts, 5600.
For a licensed retailer of intoxicating liquor who did not sell
intoxicating liquor at on-sale for a full 12 months prior to the
month in which the permit is issued, the fee is $200. For a
retailer of 3.2 percent malt liquor, the fee is $200.
(b) The commissioner shall deposit all permit fees received
under this subdivision in the alcohol enforcement account in the
special revenue fund.
(c} Notwithstanding any law to the contrary, the
commissioner of revenue may furnish to the commissioner the
information necessary to administer and enforce this subdivision.
HIST: 1985 c 139 s 1; 1985 c 305 art 7 s 4; 1Sp1985 c 16 art 2
s 3 subd 1; 1987 c 5 s 4; 1987 c 152 art 1 s 1; 1988 c 420 s 1;
1989 c 49 s 3-5; 1990 c 554 s 14; 1991 c 249 s 21,22,31; 1992 c
513 art 3 s 60; 1994 c 611 s 26; 1997 c 129 art 1 s 8; 2002 c
318 s 2; 2003 c 126 s 10-12; 1Sp2003 c 19 art 2 s 59
* NOTE: Subdivision 7, as added by Laws 2003, First Special
*Session chapter 19, article 2, section 59, is repealed July l,
*2005, provided that the commissioner of revenue has made the
*report to the secretary of state of the determination described
*in Laws 2003, First Special Session chapter 19, article 2,
*section 76, paragraph (b), by that date. If no such
*determination has been made by that date, subdivision 7 remains
*in effect. Laws 2003, First Special Session chapter 19, article
*2, section 79, subdivision 3.
Copyright 2003 by the Office of Revisor of Statutes, State of Minnesota.
http://w�����.revisorJeg.state.mn. us/statsi3��1:a!� 04.htm1
Page 3 of 3
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