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04/09/2007 - 6127_ . ! . .,. _ � Cf1Y OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF APRIL 9, 2007 7:30 p.m. - City Council Chambers Attendance Sheet A[FAS'F AR/NT NAMF, AaURFSS AND /i�M NUMBSR YOU ARF /Ni�RFSi�'D /N. Print Name {�learlp) Address Item' No. ��l_. �� ✓ � .�- (� 1� � — �� i� i� r2 t� e' � -�"'v L �� 7 7 U % --- /�'l /� +,,-�- �- , ,. ` ; w �-- C= �;_ � � 5 C� � �, �- � ��-/�-� i ',t� �'. � � � � � -� C �_�.yc.�, �'Z 5 i � �� .�., �— I�, � � h � j' ,,� �U ��,4 J/� .��U�[:, ,�' Gr� ,� 11i�,�G ��,.f% I��Js S � ��ti� � � � FRIDLEY CITY COUNCIL MEETING OF APRIL 9, 2007 ' The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. BOARD OF REV/EW— 7:00 P.M. CITY COUNCIL MEETING . � � Z � � APPROVAL OF PROPOSED CONSENT AGENDA: �.-L-�v-t _ APPROVAL OF MINUTES: � ,. Citv Council Meeting of March 26, 2007 j� �' OLD BUSINESS: .�� '--1 �>> .`I r� R� p� t3 � �� ; n °� �- �`- Second Reading of an Ordinance Amending Chapter 602 of the Fridley City Code Updating \ �� Language to be Consistent with State Law Pertaining to 3.2% Malt Liquor and Adopt Official Title and Summary Ordinance., .................................. 1 - 15 �ti��`� � F�� f� 1� �� Orc�. �� NEW BUSINESS: 2. Resolution Providing for the Sale of $1,910,000 General Obligation Improvement Bonds, Series 2007A ....................... 16 - 17 ��5 2��1-- � 3. Award Construction Surveying Contract for the 2007 Street Reconstruction Project ................................... 18 - 20 ��' gk�' Approve 2007-2008 Liquor License , �ewal ....... ............................... 21 - 22 C'�'`� � �'�� /� � '�- APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. C:� Approve Appointment of City Employees .................................. Claims 23 24 7. Licenses ......................................... 25 - 29 ADOPTION OF AGENDA. ��A °' �C l�'� - ;.� ; �- �, � �:� �.�.-f-� ; � � /n v I � �,�- OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes (�Fvm - 8: 3� PUBLIC HEARING: � f3/ ��/� S� 8. Consideration of a 3.2% Malt Liquor and Wine License for Chris & Rob's Chicago Taste Authority, Generally Located at 7429 East ��h�, River Road N.E. (Ward 3) ................. 30 - 32 ��b �ru�� k� � � Z � C� / �s��S�— OLD BUSINESS: 9. Second Reading of an Ordinance Amending Chapters 602, 603 and 606 of the Fridley City �� Code Creating a Patio Endorsement for Licensed . �_ 'J� On-Sale Liquor Establishments `��'�� and Adopt Official Title and Summary Ordinance ............................... . 3 - 425� �; � � �-- �. � e-� "f � o� I � -�$��' - ^ � ��-1�` � < � FRIDLEY CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 2 �) � �; i� t:, ,�.., �- L , -F-z� NEW BUSINESS: ,�v` � �� • 10. Consideration of an Intoxicating Liquor License forAMF Bowling Centers, Inc., d/b/a Maple Lanes z� -�� (� Lanes, Generally Located at 6310 Highway 65 �� I��1 ��""� �' u`� � l-Z=� :....... .. 43 - 6 �� !a � /v� �P•- N.E. (Ward 2) ............. � ! � � � � /— -�� ,-�z �� , � ;.c. � 4 c�: �,�� sL l � s��. s � 11. Informal Status Reports ..................... 47 C_,��/�- �� `� S ,(�uJ a✓L.z�✓L.e.o�J C v;Z e_ l!"ci L-i � �i - � '� ADJOURN. � �� ,,� � �— ��/� �s �— � � CffY OF FRIQLEY CITY COUNCIL MEETING OF APRIL 9, 2007 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. BOARD OF REVIEW — 7:00 P.M. CITY COUNCIL MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 26, 2007 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 602 of the Fridley City Code Updating Language to be Consistent with State Law Pertaining to 3.2% Malt Liquor and Adopt Official Title and Summary Ordinance .............................................. 1- 15 FRIDLEY CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Resolution Providing for the Sale of $1,910,000 General Obligation Improvement Bonds, Series 2007A ................................................................................... 16 - 17 3. Award Construction Surveying Contract for the 2007 Street Reconstruction Project ............................................................ 18 - 20 4. Approve 2007-2008 Liquor License Renewals ........................................... 21 - 22 5. Approve Appointment of City Employees ................................................... 23 6. Claims ........................................................................................................ 24 7. Licenses ..................................................................................................... 25 - 29 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARING: 8. Consideration of a 3.2% Malt Liquor and Wine License for Chris & Rob's Chicago Taste Authority, Generally Located at 7429 East River Road N. E. (Ward 3) ............................................................................. 30 - 32 FRIDLEY CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 3 OLD BUSINESS: 9. Second Reading of an Ordinance Amending Chapters 602, 603 and 606 of the Fridley City Code Creating a Patio Endorsement for Licensed On-Sale Liquor Establishments and Adopt Official Title and Summary Ordinance ................................................ 33 - 42 NEW BUSINESS: 10. Consideration of an Intoxicating Liquor License for AMF Bowling Centers, Inc., d/b/a Maple Lanes Lanes, Generally Located at 6310 Highway 65 N. E. (Ward 2) ................................................................................................ 43 - 46 11. Informal Status Reports ................................................................................. 47 ADJOURN. City of Fridley Notice of Board of Review Notice is hereby given, that the Board of Review of the City of Fridley, County of Anoka, Minnesota, will meet the City Hall Council Chambers in said City at 7:00 p.m., on Monday, April 9, 2007, for the purpose of reviewing and correcting the assessment of said city for the year 2007. All persons considering themselves aggrieved by said assessment, or who wish to complain that the property of another is assessed to low, are hereby notified to appear at said meeting, and show cause of having such assessment corrected. No complaint that another person is assessed to low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under by hand this 26th day of March, 2007. Debra A. Skogen, City Clerk (Published in the Fridley SunFocus March 29, 2007 and April 5, 2007) .. — � Smith, Mary From: Burns, Bill Sent: Monday, April 09, 2007 1:30 PM To: 'Richard Harris' Cc: City Council; Smith, Mary; Pribyl, Rick Subject: RE: Board of Appeal and Equaliztion Dick, I will forward this on to Council and to Mary Smith -----Original Message----- From: Richard Harris [mailto:baapal3@yahoo.com] Sent: Friday, April 06, 2007 3:56 PM To: Burns, Bill Subject: Board of Appeal and Equalirtion Dear Dr. Burns Please deliver this letter to the board appea equaliztion. I have just recieved the notice valuation on property at13 77 ave N.E. We disagree with the proposed valuation for the year 2007, set at 807,700. This about 47 dollars /sq. ft. We cannot sell the for this .The adjacent property sold in jan .of 2007 for 40 dollars /sq. sf. We have not yet recieved the valuation ofr the house at 6200 Riverview Terrace ,please include this property in the appeal process. Pin No. for 13 77 ave N.E. is03-30-24-44-0073 Pin. No. for 6200 Riverview Terrace is 15-30-24-0039 We wilbe unable to attend the april9 2007 meeting as we are out town. Thank you for cooperation Ricard Harris (baapal3@yahoo.com Expecting? Get great news right away with email Auto-Check. Try the Yahoo! Mail Beta. 4/9/2007 - _� Fage 1 of 1 CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 26, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Varichak Councilmember Saefke Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Richard Pribyl, Finance Director/Treasurer Don Abbott, Public Safety Director Fritz Knaak, City Attorney PUBLIC SERVICE ANNOUNCEMENT: Renee Long, Fridley Firefighter, presented information on "Sudden Cardiac Arrest." Sudden cardiac arrest is the loss of heart function. The heart is beating so fast it cannot pump blood and the person may not have a pulse or be responsive. It is different from a heart attack Sudden cardiac arrest will take the lives of more than 450,000 people a year. There is no age limitation. Ninety-five percent of people suffering from sudden cardiac arrest will die before they reach the hospital. The emergency response time for Fridley is 4 to 6 minutes. Ms. Long stated that CPR is important, and in 2005, the Heart Association changed the CPR guidelines to emphasize on chest compression to keep o�ygen and blood flowing to the heart. The old CPR method was 15 compressions and two breaths; the new CPR method is 30 compressions with two breaths. Two years ago, Automatic External Defibrillator (AED) Systems were placed in Fire Department vehicles, and at schools, City Hall and the Springbrook Nature Center. The AED unit is meant to be used with no formal training. Medtronic does fund training for local staf£ The more AED units that are available in public places, the better the survival rate will be for people who have sudden cardiac arrest. The emergency response team carries three additional pieces of equipment with them. The rescue pod is a circulatory enhancer, the combitube enhances CPR and the autopulse does the CPR chest compressions for the responder. Fridley has an autopulse on demo from Zoll Medical and eventually this will need to be returned. This piece of equipment is about $15,000. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 2 Ms. Long stated in 2006 they responded to 11 cardiac arrests and had 2 saves. In 2007 there have been 7 cardiac arrests with a 43% survival rate. The national average survival rate is 10 to 15 %. Councilmember Barnette asked how difficult the AED is to use. Ms. Long replied that it is very simple to use. Once the unit is opened it will talk you through the instructions. You can also ca11911 and they will help with the AED. Councilmember Barnette stated that he was told if a person is having a heart attack to give them four aspirin. Ms. Long replied that if the person was having chest pains that would be okay but if the person had a stroke or was unresponsive, it would not be okay. William Burns, City Manager asked where a person could learn CPR or how to use the AED. Ms. Long replied that the American Heart Association offers classes, the Community Education Center and health classes at the school. You could also do a general search on the internet and find information there as well. Councilmember Bolkcom added that most CPR classes teach the AED placement education at the same time. Ms. Long stated that if you are not CPR certified or were certified over 10 years ago, you can still help the person in cardiac arrest. You cannot make the situation worse by trying to administer CPR. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 12, 2007. APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Code Section 31.15 Pertaining to Conduct of Persons in Pawn Shops William Burns, City Manager, stated the current ordinance makes it a crime to pawn another's property. The ordinance has been amended at the request of the City Prosecutor. The revisions add the words "offer or attempt to pawn." Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1240. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 3 NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of March 7, 2007. RECEIVED. 3. Extension of a Variance Request, VAR #06-01, for Totino-Grace High School, to Increase the Height of the School Building from 30 Feet to 48 Feet for the Renovation of the School Auditorium, Generally Located at 1350 Gardena Avenue N.E. (Ward 2) William Burns, City Manager, stated the variance was originally granted in January of 2006. Totino Grace's project has been delayed due to funding issues. They are actively raising funds for their project, and do expect to begin construction by September of 2008. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Approve Anoka County Community Development Block Grant and Home investment Partnership Program Cooperation Agreement. William Burns, City Manager, stated Anoka County is required by federal regulation to go through a triennial re-qualification process for CDBG and HOME funding. As part of that process, they must ask us if we want to opt-in or opt-out of the county-wide application. Given the intense competition and cost involved in going it alone, staff is recommending that Fridley continue to be a part of the County process. APPROVED. 5. Resolution Approving a Plat, P.S. #06-01, Fridley Distribution Center, by John Allen of Industrial Equities, for the Purpose of Incorporating the Property Located at 5110 Main Street with a Portion of Property Owned by Burlington Northern Santa Fe (BNSF) (Ward 3). William Burns, City Manager, stated the plat combines a ten-acre parcel at 5110 Main Street that was the former Guardian property with a two acre parcel that John Allen is purchasing from BNSF. Council approved the preliminary plat on September 25, 2006. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-18. 6. Resolution Ordering Preliminary Plans, Specifications and Feasibility Report of Street Improvement Project No. ST 2008-1. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 4 William Burns, City Manager, said the project contains 4.2 miles of streets and is the last of the projects included in the City's accelerated street improvement program. It includes the replacement of bituminous curb and gutter with concrete curb and gutter. It also involves street base corrections, resurfacing, and corrections of water, sewer, and storm water problems as required. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-19. 7. Receive Bids and Award a Contract for the 2007 Miscellaneous Concrete Repair Project No. 370. William Burns, City Manager, stated there were six responses to the request for bids on a hypothetical amount of concrete work This work approximates the volume of work we would do in a typical year. This year's low bidder was a company known as Standard Sidewalk of Chisago City, Minnesota, in the amount of $76,000. Staff recommends Council's receive the bids and award the contract to the low bidder. RECEIVED BIDS AND AWARDED CONTRACT FOR THE 2007 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 370 TO STANDARD SIDEWALK, INC., IN THE AMOUNT OF $76,000. 8. Receive Bids and Award Contract for Sanitary Sewer Lining Project No. 371. William Burns, City Manager, stated the bids were opened on March 21 and the lowest of the five bidders was Veit Specialty Contracting and Waste Management of Rogers, Minnesota. The amount of the bid is $51,921.47. Staff recommends that Council receive the bids and award the contract to the low bidder. RECEIVED BIDS AND AWARDED CONTRACT FOR SANITARY SEWER LINING PROJECT NO. 371 TO VEIT SPECIALTY CONTRACTING & WASTE MANAGEMENT IN THE AMOUNT OF $54,921.47. 9. Approve 2007 Reappointments to City Commissions. William Burns, City Manager stated that the following list of individuals have indicated they would like to be reappointed to the following City commissions. Plannin� Commission: LeRoy Oquist and Dean Saba terms expire on April 1, 2007. Their new terms would expire April 1, 2010. Appeals Commission: Reappointment of Blaine Jones. His term would expire on April 1, 2010. Appoint Matthew Brown to the vacant position. His term would expire April 1, 2009. Environmental Qualitv and Ener�v Commission: Del Jenkins, Paul Westby and Barbara Johns. Their terms would expire on April 1, 2010. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 5 Parks and Recreation Commission: Tim Solberg and Michael Heintz. Their terms would expire on April 1, 2010. Housin� and Redevelopment Authorit� Reappointment of William Holm. His term would expire on June 9, 2012. Each of these individuals has a very good attendance record and has been a valued member of their respective commissions. Staff recommends Council's approval. 10. Claims (130980 — 131127). APPROVED. 11. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked to remove Item 3 from the consent agenda. She also noted that on Item 9, Jack Velin should be listed as a member of the Planning Commission rather than Barbara Johns. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item 3 and the addition of Jack Velin's name to the Planning Commission on Item 9. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item 3. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): William Leary, 1240 52nd Avenue NE, stated that last Thursday, March 22, he heard a loud bang and a loud engine outside of his home. He witnessed a person from the neighboring apartments jump his retaining wall and tear up his lawn. He has lived in his home for 38 years and does not know how many owners the Skywood Apartments has had. According to a plot from the 2003 Street Improvement Project, there is a vacant lot between his home and the apartments that is owned by the City. He asked if there could be a guard rail installed on that vacant lot to prevent the damage that is happening to his property. He did make a police report of this incident but is concerned about the roadway the apartment is using next to his property. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 6 He presented some photos of the damage to his property along with photos of debris, oil, peeling paint, etc. People are dumping along his property line. He has tried to work with the managers at the apartment and has called the City but nothing has changed. Mayor Lund said that Mr. Hickok, Community Development Director, would follow up on this issue. Scott Hickok, Community Development Director stated that this is directly related to the rental inspection area and he would follow up on the issue. In the future, if any resident have problems such as this, they could report it to the Rental Inspection Division. PUBLIC HEARING: 12. Consideration of an Intoxicating Liquor License for AMF Bowling Centers, Inc., d/b/a Maple Lanes, Generally Located at 6310 Highway 65 N.E. (Ward 2) MOTION by Councilmember Varichak to waive the reading of the notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:04 P.M. Richard Pribyl, Finance Director, stated that staff has reviewed the renewal application and the required financials that go along with the renewal process. The review of the financial information showed that for the period of January 1 through December 31, 2006, AMF Maple Lanes' food to liquor ratio was 29% food and 71% liquor. Based on this ratio, staff initiated this public hearing for the review of the liquor license based on the fact that they did not meet the 30% food ratio as required by the city code. Mr. Pribyl stated for the license period 2002 to 2003, Maple Lanes failed to meet the food to liquor ratio. At that time, and the food ratio was 35%. AMF was placed on probation for that licensing period. In 2003, Council redefined the bowling center and reduced the ratio to 30% food. For the license period 2004 to 2005, AlVg' failed to meet the food to liquor ratio. The percentage of food was 29%. You may recall that AlVg' had remodeled their kitchen causing the rate to drop. Food sales did increase after the kitchen reopened. For the license period 2005 to 2006 they did meet the food requirement of 30%. Mr. Pribyl stated currently, AlVg' is at the 29% food to liquor ratio again. The new Regional District Manager, Mr. Dave Strachota, is here this evening and has provided a letter to staff indicating the steps he is taking to increase the food sales. Some of the key points include hiring a Fridley resident to oversee the daily operations as General Manager of AMF Maple Lanes, involving the business more with area schools, involving management locally, developing bowling packages, and including food at affordable prices targeting teens, youth and families. AlVg' will also be remodeling some areas within the bowling center itself. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 7 Mr. Pribyl stated that as required by Section 603.17 of the City Code, City Council shall conduct a public hearing and may suspend or revoke a license for the violation of a provision within this section. This location does have a history of probationary periods to correct the food ratio. Councilmember Barnette commented that the change that was made to the 30/70 food/liquor ratio was actually created by state statue exempting bowling alleys. Mr. Pribyl stated that it allowed a further definition of bowling centers with that reduced ratio. Councilmember Bolkcom asked if staff had any recommendations regarding the six-month probation period. Mr. Pribyl stated that in this license, AlVg' has had two 6-month probationary periods in the recent past. Councilmember Bolkcom asked when the license was up. Mr. Pribyl answered April 30. He said AMF has had good performance so far this year. Dave Strachota, District Manager for AMF, stated that there were a number of months that exceeded the 30% food ratio but the overall year did not make the 30% food ratio. He introduced Linda Steeves who is the new General Manager of AlVg' Maple Lanes. Mayor Lund asked how long Mr. Strachota has been employed with AlVg' and if he was aware of the problems. Mr. Strachota replied 6 to 8 months. He said he was not aware of the problems until about a month ago. He was told that there were some parameters that the food and alcohol had to be within and that it was tracked by the corporate office. It is AMF's responsibility to meet the requirements of the city. He shared reports showing the number of months the 30% food requirement was met along with a new menu. Councilmember Bolkcom commented that the report indicated that there were four months at 30% and eight that were not. Mr. Strachota replied that is correct. He addressed his role with AlVg' and how he fits into the picture. The bowling alley relies very heavily on bowling league play. This has changed in the last 20 years and there has been a slow decline in league bowling since 1982. Unfortunately, due to the times that leagues bowl, generally food sales during league play are slow. League play is 70 to -75% of the business. People bowl right after work and then go home for dinner or they have had dinner and then go to bowl. It is difficult to have regular food sales under these circumstances. Mr. Strachota stated that there has been no focus on being family friendly either. The center's bathrooms are in terrible condition. The restrooms will be completely remodeled this spring as FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 8 well as the exterior painted. The parking lot will be sealed and re-striped; the interior painted, and there will be new carpet and new furniture. There is a lot of money going into this center to make it a more attractive place to bring your family. The food strategies include establishing family deals, birthday bashes and teen extreme bowling to attract a younger crowd. Staff will be hired to serve food and provide lane service. Point of sale has been added to track the food sales on a daily basis. They are prepared to close the bar for specific periods of time to meet the requirements of the City if necessary. Councilmember Saefke asked if they still had kids league on Saturday mornings. Linda Steeves, General Manager stated that they are re-establishing the kid's league. Councilmember Saefke asked if non-alcoholic beverages were included as part of the food ratio. Mr. Pribyl answered that he was not sure, but thought soda was taken out of the food. Mr. Strachota shared the new menu and noted that appetizers were added that are preferable for bowlers like chicken wings and smaller items that were not available in the past. MOTION by Councilmember Bolkcom to move into record the letter from Dave Strachota dated March 2, 2007. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that the food/liquor ratio is very important and needs to be enforced. Some new information was presented tonight and there are good intentions, but a lot of the information has been heard before. She questioned what will convince the Council it will happen this time. Mr. Strachota answered that in the end it turns into performance. He is confident they are headed in the right direction. Councilmember Bolkcom stated that the point of sale aspect is positive but asked if they will really be able to shut down the bar. Mr. Strachota answered that it will not be easy. They will have to do this during select times to reduce the sales enough to keep the numbers in line. Councilmember Bolkcom asked what Extreme Bowling was. Mr. Strachota answered that it was like Moonlight Bowling only a step up. Mayor Lund commented that it wasn't universally felt to make an exception because there are other businesses that meet the 30/70 ratio. It sounds like AlVg' is on the right track, but Council FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 9 thought they were on track in the past. He asked if AlVg' had long-term plans to continue a bowling alley in Fridley. Mr. Strachota answered that AlVg' has a lease in that location for 17 years so they plan to be around for a while. This is one of the reasons for the investment of $250,000 to $300,000 in improvements. Mayor Lund stated that the predecessor basically lied to the City Council as a lot of investment was promised and nothing happened. He has heard from bowlers who said that the kitchen is closed many times and there was not staff there to even cook. He is reluctant to authorize an extension but would like to preserve the bowling alley. He said he would hate to see the bowling alley go away. Without the alcohol/liquor license, the bowling alley would struggle. Councilmember Bolkcom asked if this was an action item or just a public hearing. Mr. Pribyl stated that this would be brought back at the April 9 Council meeting. Fritz Knaak, City Attorney, said this hearing is for review purposes only. Debra Skogen, City Clerk, stated that staff was looking for direction from Council as to how to pursue this issue, such as probation, remove the license for a period of time, etc. This would be brought back to Council on April 9. Mayor Lund stated that this can be put on the agenda and Council will look at revocation, suspension or extension. Councilmember Bolkcom asked if Mr. Pribyl could verify at that time the relation of soda to the food. Mr. Pribyl answered that soda is included in the food. Any non-vending items that do not come from vending machines will be included in the food ratio. MOTION by Councilmember Varichak to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:37 P.M. NEW BUSINESS: 13. First Reading of an Ordinance Amending Chapter 602 of the Fridley City Code Updating Language to be Consistent with State Law Pertaining to 3.2% Malt Liquor. Richard Pribyl, Finance Director, stated staff has compiled the first reading to update the language to be consistent with Minnesota State Statues. The use of the term beer has been FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 10 attached to the term 3.2% malt liquor. Staff has updated the language with this replacement term. When reviewing the language, staff also recognized to further define the section dealing with the sales, sell or sold language. This change allows for assistance in the prosecution of violations within this area of the code and our Public Safety Director was very involved in this section of the change. Staff made two other changes that removed old language related to taverns and public drinking place licenses. Staff recommends approval of the first reading of the ordinance. Councilmember Barnette asked about the idea of having special sales at the Springbrook Nature Center and the sale of wine. Wine is over 3.2% alcohol. He asked if they would they need an exemption to sell the wine with the beer? Debra Skogen, City Clerk, answered that to sell wine, the organization must have an intoxicating liquor license. This item just deals with the sale of beer. Councilmember Varichak noted an additional that under Section 602.03, the word "beer" needs to be changed. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and approve the ordinance on first reading with the correction made to Section 602.03. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. 14. First Reading of and Ordinance Amending Chapters 602, 603 and 606 of the Fridley City Code Creating a Patio Endorsement for Licensed On-Sale Liquor Establishments. Richard Pribyl, Finance Director, stated the City has received several requests last year regarding allowing local businesses to have patios as an extension of their dining areas. Staff has reviewed ordinance of other cities and incorporated some of the elements from them into this particular ordinance. This first reading has been reviewed by Finance, Community Development, Police, Fire and the prosecuting and civil attorneys. The ordinance applies to each of the sections of the City Code that deal with the sale of non intoxicating liquor (Sections 602, 603 and 606). Mr. Pribyl stated the high points of this ordinance are that the patio must be attached to the premises and not part of the public street, sidewalk or other public grounds. Access to the patio is only from the licensed premises. The patio will have an emergency exit, surrounded by a fence at least 42" high designed by the applicant to discourage and deter any passing of regulated, controlled or prohibited items from one side to the other. The patio must meet state and federal accessibility requirements. No live entertainment or the use of sound producing equipment shall take place in the patio area. The hours for serving intoxicating beverages on the patio are from 10:00 a.m. to 10:00 p.m. Staff has mailed copies of this proposal to all restaurants that own licenses under these sections. Staff has heard from one business and the main concern FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 11 is the entertainment section. Staff has been asked to allow television and or speakers for music and allow the patio hours to e�tend beyond 10:00 p.m. since the patio business will begin around 9:30 p.m. This owner also felt that should a statewide smoking ban be enacted, the patio would become more important to these businesses. Councilmember Bolkcom commented on the 10:00 a.m. to 10:00 p.m. time frame. The reason for those hours was because of the noise it could create, especially for businesses in residential areas. She also questioned where businesses would build the patio. Mr. Pribyl said each place would have to find an area that complies with the ordinance. Councilmember Bolkcom commented that the business could not use any parking space if it would put them out of regulation. Mr. Pribyl stated that the patio could not be in the parking lot the way the ordinance is currently written. Scott Hickok, Community Development Director, stated that only if the business had an abundance of parking available could it work to put the patio on the parking lot if it met the other criteria. The patio needs to be accessible from inside the building. Some place may need to rework their site. Councilmember Bolkcom asked about violations and how they would be enforced. Don Abbott, Public Safety Director, said the administrative offences are purely for failing a compliance check This basically says that a violation of this code is a violation of their intoxicating liquor license. The City could take action against the violation of the license itself. Councilmember Bolkcom asked how this would be monitored and enforced. Mr. Abbott said a lot of complaints of this nature would likely come from calls to the Police Department. It would come through observation of officers or complaints to the City Clerk or other staff. The complaints would be communicated and an annual summary report would be created. Councilmember Bolkcom said if there was a violation, would a letter be created for the owner of the license and put in their file. Mr. Abbott answered that the violations would be actionable or chargeable. Violations could also result in a citation. Councilmember Bolkcom asked what a SAC unit was. Mr. Pribyl answered Sewage Availability Charge. Councilmember Saefke asked if staff looked at any other City ordinances as it relates to time. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 12 Mr. Pribyl said the City Clerk researched this area and specifically looked at the St. Cloud area. The time element is something that staff had put in place. Councilmember Saefke asked if cities had any problems with the times, noise or violations. Ms. Skogen said the majority of the cities surrounding Fridley have no regulations on patios. Councilmember Saefke asked if St. Paul or Minneapolis had any regulations. Ms. Skogen answered that staff did not look into those areas but could research and get back to Council. Councilmember Barnette said that Minneapolis and St. Paul have open patios with no structures. Fridley would have a fence attached to the building which should help a great deal. Many businesses will not be able to create a patio. Mr. Abbott stated that the time limit does greatly reduce the Police Department's concern. This does not mean that people cannot step outside; they just cannot take a drink on the patio. This area will create more dining space for the business. Some businesses in Fridley already have patios attached to their business and this would codify businesses that currently have outdoor spaces. Mayor Lund said staff would need to look at businesses that already have patios to see if they comply with the new code. Mr. Pribyl said the business would need to abide by the new code. Mayor Lund said if they do not comply they would need to shut down their patios. Mr. Pribyl stated it is an endorsement to their liquor license. If the business is requesting that type of endorsement, they would need to comply with the terms of the endorsement. Mayor Lund asked about the consideration of the 10:00 p.m. time limit. This does seem reasonable but some businesses are open until 1:00 or 2:00 a.m. and are not in close proximity to residential areas. He asked if there had been any thought to changing the ordinance for those businesses. Mr. Abbott answered that several scenarios were discussed such as a buffer zone, etc. What staff is trying to do is put emphasis on the sale of food versus alcohol. This is an opportunity for businesses to increase their seating capacity. Mayor Lund asked if they could use the patio after 10:00 p.m. but just not serve any alcohol. Mr. Abbott answered the way the current ordinance is worded, it would only limit the possession, oral consumption or display of alcoholic beverages on the patio space after 10:00 p.m. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 13 Councilmember Varichak commented that 10:00 p.m. seemed very early when the bars are open unti12:00 p.m. She thought 12:00 midnight seemed more reasonable. Councilmember Bolkcom stated that the patio is for enhanced seating for dinner. This is an opportunity for people to sit outside and eat. With the activity of people going in and out we need to be careful and start out slow. In the future the hours can be extended if needed. Councilmember Varichak said staying open to midnight would let people still enjoy the outside. Councilmember Barnette said Councilmember Bolkcom's point was that Council made a decision a long time ago that the City would have restaurants and not bars. At this time, he supports the 10:00 p.m. time but in the future Council may realize that 10:00 p.m. is too early. This will be difficult to enforce for those trying to take their drink outside and have a cigarette. Mr. Tomaro, Pickled Park, requested special consideration in regards to the time limit and for music. He said his business is in a commercial, non-residential area. He would like to create an enjoyable dining experience and use the patio primarily for food service. The goal would be not to create a noisy patio, but to create a more enjoyable experience for the customers. Having to police a coke, water or alcoholic drink will be difficult and hard to monitor. Televisions and background music are common on patios and would create a nice experience. The closing time of 10:00 p.m. would hamper entertainment. He would like Council to consider a provision that since they are in a commercial, non-residential area, they could stay open until the end of business hours. Councilmember Barnette asked staff to check out other establishments in the area. Councilmember Bolkcom suggested checking nearby cities such as Columbia Heights. She said they should look at issues where the business is not next to residents and to remember the goal is to focus on dining. She suggested leaving the time at 10:00 p.m. and if it works, the time could be extended in the future. Mayor Lund stated that he had no problem passing this first reading and asked if all establishments have received information on this issue. Mr. Pribyl answered that every business that holds a liquor license received a copy and staff has not received any comments. Mayor Lund stated that it all boils down to common sense and being neighborly. He was not against a television on the patio as long as it did not interfere with neighbors. At the next reading there may be more comments from establishments. Council will look at both ways, both 10:00 p.m. closing and midnight. Councilmember Saefke asked about the 3.2% beer that is sold in Commons Parks and what the closing time there was. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 14 Ms. Skogen said there was no time limit. Councilmember Saefke commented that would be inconsistent. Councilmember Bolkcom asked how the City could enforce this issue. Councilmember Saefke said if people left the bar to go outside to escape the noise, why they want music on the patio. MOTION by Councilmember Barnette to waive the reading of the ordinance and to approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. Mayor Lund asked staff to look into the times, televisions, music, etc., before the second reading. Councilmember Bolkcom asked when the second reading would be scheduled. Mr. Pribyl answered April 9. 15. Approve Preliminary Plat Request, PS #07-02, by Eugene Jankowski, to Subdivide Two Single Family Lots into Three Single Family Lots, Generally Located at 1400 and 1420 Rice Creek Road NE (ward 2) Scott Hickok, Community Development Director, stated the petitioner, Eugene Jankowski, is seeking to replat two large single family lots at 1400 and 1420 Rice Creek Road, into three single family lots. Fridley requires that lots in the R-1 District be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. Proposed Lot #1 will be 102.58 feet in width and 43,953 square feet in size after the replat. Proposed Lot #2 will be 75 feet in width and 16,642 square feet. Proposed Lot #3 will be 75 feet in width and 17,980 square feet in size after the replat. As a result of the subdivision, all three newly created lots will meet the minimum standards for properties in the R-1, Single Family zoning district. At the March 7, 2007, Planning Commission meeting, a public hearing was held. After a brief discussion, the Planning Commission recommended approval of the preliminary plat request, PS #07-02, with six stipulations. The motion carried unanimously. Staff recommends Council's approval. Councilmember Bolkcom asked if staff received a letter regarding the driveway. Mr. Hickok answered that he would check with staf£ The stipulation is something to reference. Either there will be a letter on file regarding the property line issue, or the driveway will be moved to be within City Code.. Mayor Lund commented that stipulation number six should read "moved to be MORE than 3 feet of the property line. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 15 Councilmember Bolkcom asked if the petitioner had any comments or would like to address the driveway issue. Eugene Jankowski, 1400 Rice Creek Road, said his son owns the property and they will do what is necessary. Councilmember Varichak asked if it would be a problem if the son moved and the new owner does not like the drive way. Mr. Hickok answered that once a letter is on file, the driveway will stay that way as it was a pre- existing condition. MOTION by Councilmember Varichak to approve Preliminary Plat Request, PS #07-02 with the following six stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of a building permit for Lot #2. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Provide proof that any e�sting wells or individual sewage treatment systems located on the site are properly capped or removed. 5. Petitioner shall provide easements as shown on preliminary plat drawing. 6. Driveway on Lot #1 shall be moved to be within 3 feet of the property line or moved to be more than 3 feet of the property line and a letter shall be submitted stating that the property owner of Lot #2 is in agreement with the fact that the driveway on Lot #1 is located on the property line. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. 3. Extension of Variance Request, VAR #06-01, for Totino-Grace high School, to Increase the Height of the School Building from 30 Feet to 48 Feet for the Renovation of the School Auditorium, Generally Located at 1350 Gardena Avenue NE (Ward 2) Councilmember Bolkcom stated this extension request is for more than a year. She suggested extending it until January, 2008, and revisiting the item at that time. She said she realized that the extension was related to funds, but she would not support a two-year extension. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2007 PAGE 16 MOTION by Councilmember Varichak to approve the extension of Variance Request, VAR #06-01, for Totino-Grace high School, to January, 2008. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. 16. Informal Status Reports. Councilmember Bolkcom said that Springbrook Nature Center will be holding a Spring Fling Event on Saturday April 7 from 12:00 to 4:00 p.m. There will be a petting zoo, egg hunt, etc. Call or stop at the Nature Center if you are able to volunteer for this event. Admission is $5.00 for non-residents, $4.00 for Fridley residents, and children 2 and under are free. Mayor Lund announced that the Lions will be having a pancake breakfast on Sunday, April 1. Also, the first recycling event will be on April 14, from 9:00 a.m. to 1:00 p.m. Councilmember Bolkcom added that if residents needed more information they can find it on the website. Residents should have received a letter in the mail regarding this event. Councilmember Bolkcom thanked everyone for attending the comprehensive plan meetings. The next meeting will be on Apri12. Reference the Fridley website for additional information. Mr. Hickok stated that feedback from the Comprehensive Planning Meetings is on the website and on file at the City. The meetings will also be on cable television. Councilmember Bolkcom stated that the Comprehensive Planning Meeting on Apri12 will have different information than the first meeting. Councilmember Varichak announced the Fridley High School spring play, Chicago—The Underside, will be held Thursday, Friday and Saturday at 7:30 p.m. The students wrote the play. William Burns, City Manger said that the April Newsletter should be out this week. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Varichak to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:57 P.M. Respectfully Submitted by, Krista J. Monsrud Scott Lund Recording Secretary Mayor � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF To: William W. Burns, City Manager April 9, 2007 From: Richard D. Pribyl, Finance Director Debra A. Skogen, City clerk Donovan Abbott, Director of Public Safety Date Re March 27, 2007 Second Reading of an Ordinance Amending Chapter 602 of the Fridley City Code Updating Language to be Consistent with State Law Pertaining to 3.2% Malt Liquor Staff recently reviewed Chapter 602 in conjunction with the amendment allowing 3.2% malt liquor and or wine at Springbrook Nature Center. During this review we found the Minnesota Statutes had deleted language referring to "beer" replacing it with "3.2% malt liquor". Staff went through the entire chapter to make those changes. In addition, staff reviewed the chapter to see if any other changes or updates were needed. Staff removed references to taverns, exclusive "on-sale" liquor stores and "public drinking place license." In addition, staff reviewed and changed the definition under employment of minors to be consistent with state law. The police department reviewed Chapter 602 to see if any further changes were necessary. As a result, the definition of sale, sell or sold has been changed to further clarify and define what a sale means. The City Council held the first reading on March 26, 2007. We made one modification in Section 602.03 amending beer to 3.2% malt liquor as a result of the discussion. Staff recommends holding the second reading of a Summary Ordinance and Ordinance Amending Chapter 602 of the Fridley City Code Updating Language to be Consistent with State Law Pertaining to 3.2% Malt Liquor. ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title An Ordinance Amending Chapter 602 of the Fridley City Code Updating Language to be Consistent with State Law Pertaining to 3.2% Malt Liquor II. Summarv The City Council of the City of Fridley does hereby ordain as follows: This ordinance amends Chapter 602 (Beer Licensing) to bring the city code up-to-date and consistent with state law. The main purpose is to remove the term beer and substitute 3.2% malt liquor in its place. III. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of this ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2007. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading. March 26, 2007 Second Reading: Published: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 602 OF THE FRIDLEY CITY CODE UPDATING LANGUAGE TO BE CONSISTENT WITH STATE LAW PERTAINING TO 3.2% MALT LIQUOR The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 602 of the Fridley City Code be updated to be consistent with state law changing beer to 3.2% malt liquor and hereby amends and ordains Chapter 602 as follows: FRIDLEY CITY CODE CHAPTER 602. '��''�''p T Tr'�''�`TCT"Tr' 3.2% MALT LIQUOR 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. �ee�e� 3.2% � 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% r°r�°�* «.''0�` 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. nii �..,,-�o,-� .,,,,a .,ii v,, o o „��„-,,;�i,;,,,. �.00,- ,,,- ��oi ro o„� v,,.,i� '��r � �'��'�r� �'� ��'��r� � �'�*��r ° ��'�T-�. Includes the �ivin�, barterin�, providin�, or furnishin� of 3.2% malt liquor in exchan�e for anv pavment or compensation, includin� any sale of or char�e for or any other value-based transaction for the provision of a�lass, pitcher, cu� or other container which is then utilized for the possession and consumption of 3.2% malt liquor. A sale is also defined as the char�in� of any cover char�e to enter the premises for the purpose of receivin� 3.2% malt liquor requirin� no further payment or compensation. . . 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 � 3.2% malt liquor 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, � e�^��e� :�a'°"��er�, restaurants, and hotels where food is prepared and served for consumption on the premises. "On-sale" licenses shall permit the sale of �ee� 3.2% malt liquor for consumption on the premises only. Ordinance No. Page 2 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 �ee� 3.2% malt liquor 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 �ee� 3.2% malt liquor at retail, in the original package for consumption off the premises only. 5. Exemption. The serving or disposing of "free" �ee� 3.2% malt liquor 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" �ee� 3.2% malt liquor must comply with all laws pertaining to the serving or disposing of � 3.2% malt liquor. If in the opinion of the Public Safety Director or such Director's designee, the serving of "free" �ee� 3.2% malt liquor is creating a public safety danger or infringement of peace and tranquility or violation of laws, persons serving or disposing of "free" �ee� 3.2% malt liquor shall cease serving or disposing of "free" �ee� 3.2% malt liquor upon order of a law enforcement officer. Persons who continue to serve or dispose of "free" �ee� 3.2% malt liquor after being ordered to cease shall be guilty of a misdemeanor. (Ref. 743) 6. Late Night License Endorsement. An on-sale license may be amended to include a Late Night License Endorsement subject to the terms and conditions imposed by the City Council within its discretion and otherwise in accordance with the provisions of this Chapter. No person may sell any �ee� 3.2% malt liquor under any permit issued pursuant to this chapter after 1:00 a.m. without first obtaining a Late Night License Endorsement. No Late Night License Endorsement shall be effective after Apri130, 2008. (Ord 1222) 602.03. LICENSE APPLICATIONS Every application for a license to sell �ee� 3.2% malt liquor 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 rej ection 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. Ordinance No. Page 3 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. 602.05. 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 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 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 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. Ordinance No. Page 4 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) 3. Late Night License Endorsement. An on-sale license may be amended to include a Late Night License Endorsement subj ect to the terms and conditions imposed by the city council within its discretion and otherwise in accordance with the provisions of this Chapter. An application for a Late Night License Endorsement shall be made at the same time as, but separate from, an initial license or license renewal. No Late Night Endorsement granted by the City of Fridley will be effective after Apri130, 2008. (Ord 1222) 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 �ee� 3.2% malt liquor, 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 � 3.2% malt liquor or is interested in the control of any place where �ee� 3.2% malt liquor 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; Ordinance No. Page 5 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 6. Is not the proprietor of the establishment for which the license is issued. (Re£ 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% ��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 �ee� 3.2% malt liquor 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 � 3.2% malt liquor on the licensed premises. (Re£ 909) 4. Employment Of Minors. No person under eighteen (18) years of age shall dispense, sell or serve any 3.2% malt liquor to any individual on the licensed premises. '�° °mr'��°�' �� *'�° � � �.,,� �.,,.,� .,,,,a i,;�,.�,o„ �,oir �vo� ti�� 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, 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. Ord 1211) 6. Interest of Manufacturers or Wholesalers. No manufacturer or wholesaler of � 3.2% malt liquor 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 �ee� 3.2% malt liquor shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of �ee� 3.2% malt liquor and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. Ordinance No. Page 6 7. Liquor Dealer's Stamp. No licensee shall sell � 3.2% malt liquor 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 r �' -�'� � �' �°� �* '� �' �' "r� �'�' � � �ir��se-��ce�� 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 �ee� 3.2% malt liquor 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. 11. Certain Exhibitions and Conduct Prohibited. No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet, or body. Team sports in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball, are not included among activities prohibited by this section. 12. No licensee shall use or permit to be used any playing cards on the licensed premise except that playing cards may be used during a tournament of a social skill card game as defined by Minnesota Statute 609.761, subdivision 3, and conducted pursuant to regulations contained therein and this City Code. A. Social Skill Card Game Tournament (1) A social skill card game tournament means one separate and distinct organized contest involving contestants who compete in a series of elimination card games of social skill as defined by Minnesota Statute 609.761, subdivision 3. (2) No licensee shall permit or conduct more than one social skill card game tournament at any one time on the licensed premise or any adjoining property owned or leased by the licensee and no social skill card game tournament shall be permitted or conducted except during the normal hours of operation of the licensed premise. (3) No licensee shall charge or permit to be charged any fee, cover charge, or buy-in, or require or permit to be required purchase or consideration of any kind to enter the place where a social skill card game tournament is occurring as a participant or spectator. Ordinance No. Page 7 (4) No licensee shall charge or permit to be charged, to either participants or spectators of a social skill card game tournament, a price for consumer goods which is higher than the price that is normally charged. (5) No licensee shall permit wagers in a social skill card game tournament to be made with currency or any other thing of value except tournament chips or tokens. Tournament chips or tokens shall represent tournament points only and shall have no cash value or be redeemable for cash or for any other thing of value, except the point total represented by the players' accumulation of tournament chips or tokens shall be used to determine winners and/or final place in a tournament. (6) No licensee shall permit players or spectators to make any side bets or back bets, or engage in any other form of gambling, at a social skill card game tournament. (7) No licensee shall permit the aggregate amount or fair market value of prizes offered or given in any single social skill card game tournament to exceed $200 and no licensee shall award or permit to be awarded prizes exceeding a$200 value to any one social skill card game tournament participant on any one day. (8) No licensee shall award or permit to be awarded any prize consisting of intoxicating liquor, beer, or wine, or certificate for future consideration of same, in a social skill card game tournament. (9) No person, partnership, corporation, or other organization, other than the licensee, shall conduct or be permitted to conduct a social skill card game tournament on a licensed premise without first having obtained a tournament service provider license pursuant to this Chapter. B. Social Skill Card Game Tournament Service Provider (1) A person, partnership, corporation, or other organization, other than the licensee, who conducts, organizes supplies or promotes a social skill card game tournament on a premise licensed under this Chapter, is a social skill card game tournament service provider. (2) No person, partnership, corporation, or other organization shall act as a social skill card game tournament service provider without first having obtained a license to do so from the City Council. (3) All applications for tournament service provider licenses shall be made to the City setting forth all information necessary to show whether or not the person, partnership, corporation, or other organization qualifies for such a license under this Chapter, together with such additional information as may be required by the City Council. A completed application form must include the full true names, dates of birth, social security numbers and addresses of all persons financially interested in the business and/or all persons who are either on the Board of Directors of or hold offices in the entity or organization. The term "persons financially interested in the business" shall include all persons who share in the profits of the business. Ordinance No. Page 8 (4) All applications for a license shall be referred to the Public Safety Director 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 as shall be necessary and shall make a written recommendation and report to the City Council which shall include a list of all violations of Federal or State law or Municipal ordinance. The City Council may order and conduct such additional investigation as it shall deem necessary. In making a determination of suitability for a tournament service provider license, the City Council shall consider the background of each person, partner, corporate officer or individual applicant. (5) No license shall be granted or held by any person who has been convicted, within 15 years prior to the application of such license, of any felony violation of any law of the United States, the State of Minnesota, or any other state or territory, or of any local ordinance involving or related to theft or gambling. (6) The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. 602.09. HOURS 1. Closing Hours. No sale of k�ee�e� 3.2% � 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. (Re£ 501, 550, 602, 647, 783, 932, 982) 2. Remaining on Premises. 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% � malt liquor, or any intoxicating liquor by any persons, including licensees or their employees, after 1:30 a.m. 3. Notwithstanding the foregoing, a sale of k�ee�e� 3.2% � malt liquor may occur on a licensed premises between the hours of 1:00 a.m. and 2:00 a.m. if the licensee has been granted by the city a Late Night License Endorsement for that license. No sale of �ee�e� 3.2 percent intoxicating liquor for consumption on any license premises for which a Late Night Endorsement has been granted by the city shall occur between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday. It shall be unlawful for the persons or customers, other than the licensees or their employees, to remain on a licensed premises for which a Late Night License Endorsement has been granted by the city, nor shall there be any consumption by any persons, including the licensees and their employees on such premises, more than one half-hour after closing of operations for that day and, in no event, later than 2:30 a.m. (Ord 1197) 602.10. CLUBS No club shall sell � 3.2% malt liquor except to members and to guests in the company of members. Ordinance No. 602.11. RESTRICTIONS ON PURCHASE AND CONSUMPTION Page 9 1. Age Misrepresentation. Persons under twenty-one (21) years of age shall not misrepresent their age for the purpose of obtaining � 3.2% malt liquor. (Ref. 909) 2. Inducing Purchase. No person shall induce a person under the age of twenty-one (21) years to purchase or procure 3.2% malt liquor e�ee�. 3. Procurement. No person other than the parent or legal guardian shall procure 3.2% malt liquor e�ee� for any person under the age of twenty-one (21) years. This section shall not prohibit the use of a person under the age of twenty-one (21) to attempt to purchase or procure 3.2% malt liquor or �ee� from a licensee in a test of the licensing department, or in conjunction with a compliance check effort that has been pre-approved by the Fridley Police Department. 4. Possession. Persons under twenty-one (21) years of age shall not have � 3.2% malt liquor 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 ,,,- �,,,�,a� ., ��r„�.�;,. ,a,-;,,�,;,,��Ee�se��. 602.12. ENTERTAINIVIENT 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. 602.13. LIABILITY INSURANCE 1. Every person licensed to sell � on-sale or off-sale retail intoxicating liquor or 3.2% � malt liquor °* ^r °°�° ^r ^�� °°�° ^r ^r °°�° or wine shall demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes, Section �^ �� 304A.801 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, subj ect to the limit for one person, $100,000 for loss of ineans of support of two or more persons in one occurrence; or Ordinance No. Page 10 B. A bond of a surety company with minimum coverages as provided in clause (A) above, or C. A certificate of the �t-��e-�e�s�r�e� Commissioner of Finance that the licensee has deposited with the �t-��e��e-a��e� Commissioner of Finance $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a marketvalue 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. 5. The operation of an on-sale or off-sale retail intoxicating, e� 3.2% � malt liquor �„°;r°°° °* ^r °°�° ^r ^�� °°�° ^r ^r °°�° or wine business, 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 r^mm;°°;^r°r Director of Public Safety. 602.14. ADMINISTRATIVE OFFENSES 1. Administrative Civil Penalties: Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and practical alternative to traditional criminal charges for violations of this ordinance. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. 2. Every licensee shall be responsible for the conduct of its employees while on the licensed premises and any sale or other disposition of any intoxicating liquor, 3.2% malt liquor, � or wine by an employee to any person under twenty-one (21) years of age shall be considered an act of the licensee for purposes of imposing an administrative penalty, license suspension, or revocation. Ordinance No. Page 11 A. Individual. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may bring criminal charges in accordance with law. Likewise, the City, at its discretion, may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation. B. Licensee. At any time prior to the payment of the administrative penalty as is provided for hereafter, the licensee may withdraw from participation in the procedures in which event the City may permanently revoke the license issued to the licensee under this Chapter in accordance with law. Likewise, the City, in its discretion, may revoke the license issued to the licensee under this Chapter in the first instance. In the event a licensee participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will suspend the license issued to the licensee under this Chapter in accordance with section 602.15.B of this ordinance. 3. Notice. Any officer of the Fridley Police Department shall, upon determining there has been a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time of violation, the name of the officer issuing the notice and the amount of the scheduled penalty. 4. Payment. Once such notice is given, the alleged violator may, within twenty (20) days of the time of issuance of the notice pay the amount set forth on the notice, or may request a hearing in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation. 5. Hearing. Any person contesting an administrative offense pursuant to this Chapter may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the Public Safety director within twenty (20) days of the offense. The Public Safety Director shall notify the Hearing Examiner, who will notify the person contesting and the licensee of the date, time, and place of hearing. The hearing shall be conducted no more than twenty (20) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the licensee, the person contesting and the City. Within ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal, or modify the charge against the licensee or the person contesting. Any person aggrieved by the decision of the Hearing Examiner may appeal with the Public Safety Director within twenty (20) days of receiving notice of the Hearing Examiner's decision. At its next available regular meeting following the filing of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. 6. Hearing Examiner. The position of Hearing Examiner is hereby created. The City Manager may, at his discretion and with the approval of the Council, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of compensation therefore. 7. Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall not be required that the Hearing Examiner be currently licensed to practice law in the State of Minnesota. Ordinance No. 8. Duties: The Hearing Examiner shall have the following duties: Page 12 A. Set dates and hear all contested cases. B. Take testimony from all interested parties. C. Make a complete record of all proceedings including findings of fact and conclusions of law. D. Affirm, repeal or modify the penalty accessed. 9. Failure to Pay. In the event a party charged with an administrative penalty fails to pay the penalty, if an individual, the party will be charged with the criminal offense; if a licensee, the Council will suspend the license issued to the licensee under this Chapter. 10. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City's treasurer and will be deposited in the City's general fund. 602.15. VIOLATIONS 1. Administrative Civil Penalties: Individuals. Any person in the employ of a licensee who sells any intoxicating liquor, 3.2% malt liquor, �ee� or wine to a person under the age of twenty- one (21) years is subject to an administrative penalty; and any person under the age of twenty- one (21) years who attempts to purchase any intoxicating liquor, 3.2% malt liquor, �ee� or wine from a licensee is subject to an administrative penalty. The administrative penalties are as follows: First violation. The penalty for the first violation is $250.00. Second violation within 12 months. The penalty for the second violation is $500.00. Third violation within 12 months. The penalty for the third violation is $750.00. 2. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold any intoxicating liquor, 3.2% malt liquor, � or wine to a person under the age of twenty-one (21) years, the licensee shall be subject to an administrative penalty as follows: First violation. The penalty for the first violation is $500.00 If the fine is not paid within 20 days the City may suspend the license issued to the licensee under this Chapter for a period not to exceed 10 days Second violation within 12 months. The penalty for the second violation is $1000.00. If the fine is not paid within 20 days the City may suspend the license issued to the licensee under this Chapter for a period not to exceed 30 days. Third violation within 12 months. The city may permanently revoke the license issued to the licensee under this Chapter. 3. Defense. It is a defense to the charge of selling intoxicating liquor, 3.2% malt liquor, �ee� or wine to a person under the age of twenty-one (21) years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in State Statute Section 340A.503. subdivision 6, paragraph (a). Ordinance No. Page 13 4. Exemption. A person, no younger than 18 and no older than 20, may be enlisted to assist in the tests of compliance. The person shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with a compliance check effort that has been pre-approved by the Fridley Police department. A person who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, � or wine while in this capacity is exempt from the penalties imposed by subdivision A above. 602.16. REVOCATION The violation of any provision or condition of this Chapter by �ee� 3.2% malt liquor 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. 602.17. 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. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2007. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading March 26, 2007 Second Reading: Publication: � � CffY OF FRIDLEY TO FROM: AGENDA ITEM COUNCIL MEETING OF APRIL 9, 2007 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PR/BYL, FINANCE DIRECTOR SUBJECT: RESOLUTION PROVIDING FOR THE SALE OF $1,910,000 GENERAL OBLIGATION IMPROVEMENT BONDS 2007A DATE: April 6, 2007 Attached is the resolution prepared by the City's Financial Advisor, Ehlers & Associates. This resolution is required to be passed by Council to proceed with the above mentioned bond issue. This action will start the process for the competitive sale of the General Obligation Bonds, and provide an appropriate time frame for advertisement and review of the bids. It is the recommendation from Ehlers to proceed with this bond issue. This is a new bond issue that will provide the financing for the 2007 Street Projects. These projects were previously reviewed with Council. This bond issue is designed to be repaid from a general tax levy that will be certified to the County this fall for tax collection next year. It is anticipated that the bond sale will take place on May 7, 2007. Sid Inman or Shelly Eldridge will be present at the Council Meeting on May 7, 2007, for any questions Council may have regarding the sale. 1:7�7� �� Attachment(s) RESOLUTION NO. 2007 - RESOLUTION PROVIDING FOR THE SALE OF $1,910,000 G.O. IMPROVEMENT BONDS, SERIES 2007A WHEREAS, the City Council of the City of Fridley, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $1,910,000 General Obligation Bonds, Series 2007A (the "Bonds"), to finance improvements in the City; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. Meeting; Proposal Opening. The City Council shall meet at 7:30 p.m. on May 7, 2007, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2007. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF April 9, 2007 William W. Burns, City Manager Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director April 9, 2007 PW07-015 Award of Construction Surveying Contract for 2007 Street Reconstruction Project The City awarded the design contract for the 2007 Neighborhood Street Reconstruction project to SEH, Inc. SEH has provided us with excellent service this past year through the design process. We have requested a proposal from SEH for construction survey services associated with the 2007 street project. They are proposing to provide all construction survey services similar to the 2006 project through as-builts for a not-to-exceed fee of $76,446.87. Recommend the City Council award the construction survey contract for the 2007 Neighborhood Street Reconstruction Project to SEH, Inc. for a not-to-exceed fee of $76,446.87. JHH; jb Attachments ,� �� SEH March 27, 2007 RE: Fridley, Minnesota 2007 Neighborhood Street Improvement Project Construction Phase Services City Project No. ST 2007-1 SEH No. A-FRIDL0602.00 10.00 Mr. Jon H. Haukaas, PE Public Works Director and City Engineer City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Dear 7on: Thanks again for the opportunity to provide construction phase services to the City of Fridley (City) for its neighborhood street improvement project. We will provide the services to the City as outlined in the enclosed Task Hour Budget (THB) within the project area for a not-to-exceed fee of $76,446.87. Our not-to-exceed fee includes reimbursable expenses. We will bill you monthly on an hourly basis for services, expenses, and equipment. This letter agreement and the THB represent the entire understanding between the City of Fridley and the SEH in respect to the project and may only be modified in writing if signed by both parties. If tlus letter satisfactorily sets forth the City's understanding of this project, please sign and date both letters and retum one to me at the address shown on this letterhead. In the meantime, please contact me at 952.912.2633 or cmillner@sehinc.com with questions or comments. Sincerely, ��..� i��,�� Chad Millner, PE Project Manager Enclosure Accepted on this _day of , 2007 City of Fridley, Minnesota By: Name Title: c: Jason Sprague, SEH (with enclosure) Al Horge, SEH (with enclosure) P:\FJ�i�lFridn060200\1-Genn10\Consavction phase proposal.doc 19 Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite'200, Minnetonka, MN 55343-9301 SEH is an equal opportunity employer � www.sehinc.com � 952.912.2600 � 800.734.6757 � 952.912.2601 fax �� S EH Task Hour Budget Fridley, Minnesota Construction Phase Services (1) 2007 Neighborhood Street Improvement Project 3/27/2007 ESTIMATED HOURS �� CL�EM' PR07ECI SURVEY SI11tVEY CREW . SU&VEY COST SERVICE MANAGBA 'fECIWiCAN COORDINATOR CE�F INSTRUMENi ADMPITECfI PRO,TECI� TASSS MANAGER OPERATOR � 1.0 Construction Staldng 1.1 Construction Staking (3) (4) (5) {6) (7) (8) (9) 32 12 350 350 2.0 Construction Administration 2.1 Consuuction Admudstration (2) (10) 8 18 32 6 r:�,n�da�osozorn��cenn�o�yFrtaey nia conso- Pnase .ws�HOUrs�cas�s NOTES � Assumed conshvction schedule is between and including May 14, 2007 to October 26, 2007. Z Task indudes receiving as-built redlines from City of Fridley, drafiing City as-built redlines and survey redlines into as-built drawing and submitting two {2) sets of hazd copy as- built dcawings, one (1) on l 1x17 inch paper & one (1) on 22 z 34 inch papes and one (1) CD containing PDFs and autocadd foimat of the as-built planset 3 Task includes checking the horizontal and vertical control set within the project limits in 2006. < Task includes staldng stoan sewer, 12 hydtant relocates, site g�ading on baseball fields 1 and 2 in Community Pazk, and curb and gutter as they appear in the bidding documenu aar�a viro�. 5 Labor and expenses related to re-staking wili be billed hourly to the Ciry. 6 Task includes collecting horiwntal and vertical as-built storm sewer measurements. ' Task includes setting out blue top stakes for six (6) inteTSections. e Task does not include setting out stakes for any work on private property or woifc on the existing sanitary sewer networks. ' Task dces not include marking the limits of any removals. 10 Task includes answering minor questions via the telephone. �� Includes survey equipment, mileage, and auto allowances. Page loof 1 � � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF To: William W. Burns, City Manager April 9, 2007 From: Richard D. Pribyl, Finance Director Donald Abbott, Public Safety Director Date: April 5, 2007 Re: 2007-08 Liquor License Renewals Debra A. Skogen, City Clerk Brian Weierke, Police Captain The annual liquor license renewals have been reviewed by staff, with the exception of the AMF Maple Lanes, Fridley Crab House Music Cafe and Sandees. A public hearing was held on March 26, 2007 pertaining to AMF Maple Lanes and that license will be handled separately in a separate agenda item, Sandees has decided not to renew their license at this time and we just received the application for the Fridley Crab House Music Cafe and are still awaiting information on their food to liquor ratio and their bond. All of the other on-sale intoxicating liquor license establishments and club on-sale intoxicating liquor licenses up for renewal have all provided the necessary insurance, bond, and CPA statement with supporting documentation pertaining to food to liquor sales as required by City Code. After reviewing the supplied documentation, it was found these establishments have complied with the City Code requirement of 40% food sales and 60% liquor sales. The police review found no major issues that would prevent these establishments from receiving a renewal on-sale liquor license. They have provided information per establishment on the number of calls received, number of police calls per $lOK, calls per service ratio, and whether or not they failed either of the two compliance checks made in 2006. Based on the information above, staff recommends approval of the following liquor license renewals at this time: Applebees BAM Inc dba Joe DiMaggio's Billiard Street Cafe Inc dba Two Stooges Bar & Grill GNINIE Dough Inc., dba Broadway Bar & Pizza King's Restaurant Fridley American Legion Fridley Knights of Columbus Fridley VFW � 0 � � � � ��..I �I I� � � � � � � � � � � � C� I� �I � ��..�y V � 00 O i � O O N � � �� . U � ,� �. �. � N � . � � � � � �. � '� ¢' � � � � � O � O ¢, � � � � � 0 � � � � ��. �. ,s�r N � I �"O � c�i� � � � .��. � � .��. . 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"� V� O l 01 N �' � '�'�� s� t� r� s�s � N � �C �C �C .� � � o bA •� � W W .� � � � Z � Z � � �' z �q � � � N � '� •� £ � A a� �^. � �a � �Q � ; � �°,� UC7� ''"�?3� �� d � o � �?3 �' an � �' � a� �"� � ro s, s, � � CQ � � o N � � � � o �, e� � ° �, � y o � �" � � �� CQ.� A �.� �� C!1 y � U ''" fil �� W.� � �' W � e� un ,� -f�-I � � � � 000, '�, $ ° ,'�'� � o�, �' �n � Z d'vN-� CQ� CQr%�� U' CQoNO �° � � CffY OF FRIDLEI' Name Bridge McBride AGENDA ITEM CITY COUNCIL MEETING OF APRIL 9, 2007 Position Patrol Officer Appointment Starting Salary $19.04 per 2007 contact Greggory Patrol $19.04 Olson Officer per 2007 contract Starting Date April 12, 2007 April 12, 2007 Replaces Jonathan McMahon Kurt Morse � AGENDA ITEM COUNCIL MEETING OF APRIL 9, 2007 CffY OF FRIDLEI' CLAIMS 131128 - 131324 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF APRIL 9, 2007 LICENSES Type of License � FOOD ESTABL/SHMENTS Bon Appetit @ Medtronic Fedele Bauccio 7000 Central Av NE Fridley, MN 55432 Wendy's Michael Givens 7601 Hwy 65 N E Zantigo Donald Kaelble 255 57t" Av N E Perkins Restaurant Raymond Nopper 7520 University Av NE Pizza Flame Dennis Waisanen 317 Osborne Rd Wong's Gourmet Lisa Chen 1254 East Moore Lake Drive Chanticlear Pizza Dale Heille 1262 East Moore Lake Drive FOOD, TOBACCO, RETA/L GAS SALES Fridley Amstar Autocare Mitch Nelson 7680 Hwy 65 N E FOOD, TOBACCO SALES Bosnian Supermarket Salko Hoso 6237 University Av NE Approved By: Public Safety Director Fire Inspector Community Development << << << << << << << << << << << << << << << << << << << << << << << << LICENSES - APRIL 9, 2007 (CONTINUED) Type of License � MASSAGE THER.4PY Colleen Roskawiak (Lifetime Fitness 1200 East Moore Lake Dr) Jody Hansen (Lifetime Fitness 1200 East Moore Lake Dr) Bridget Wickstrom (Life Balance Therapeutic Massage 7101 Hwy 65 NE) MOTOR VEH/CLE BODYREPA/R Abra Auto Body & Glass Duane Rouse 7710 University Av NE Fridley, MN 55432 Sam's Auto World 6588 Central Av NE Samir Awaijane JUNK YARD Copart Auto Auctions Willis Johnson 3737 East River Rd. NE Fridley, MN 55432 REFUSE HA ULERS Keith Krupenny & Son Disposal Keith Krupenny 1214 Hall Av W. St. Paul, MN 55118 Veit Disposal Systems Steve Halgren 14000 Veit Place Rogers, MN 55374-9583 Walter's Recycling & Refuse Greg Walter PO Box 67 Circle Pines, MN 55014 Aspen Waste Systems, Inc. Robert Kircher 2951 Weeks Avenue SE Minneapolis, MN 55414 WTI-Waste Technology, Inc David J. Hayes 8424 Noble Avenue N Brooklyn Park MN Approved By: Public Safety Director << << << << << << Public Safety Director Fire Inspector Community Development << << << Public Safety Director Fire Inspector Community Development Building Inspector Public Safety Director Recycling Coordinator City Clerk << << << << << << << << << << << << LICENSES - APRIL 9, 2007 (CONTINUED) Type of License � Approved By: REFUSE HAULERS (CONT/NUED) Waste Management of MN Forrest Paul Sartell 10050 Naples St NE Blaine MN 55449 Allied Waste Services 8661 Rendova St NE Circle Pines, MN 55014 PAWN SHOP Cash-N-Pawn of Minnesota, Ltd 201 57t" Avenue NE Fridley, MN 55432 Jerome Meyer m m m Public Safety Director SOC/AL SK/LL TOURNAMENT SERV/CE PROV/DER Chippy Poker Tournaments, LLP Public Safety Director 6855 Timber Crest Dr Maple Grove MN 55311 TOBACCO Fridley Liquor #2 6289 Highway 65 Fridley MN 55432 Fridley Liquor #3 248 57t" Ave N E Fridley MN 55432 PEDDLER Northstar Home Improvement William Benson 4972 Lincoln Dr. Chad Steinke Edina, MN 55436 MANAGER/AL L/QUOR D/SPENS/NG L/CENSE Amanda Mae Kranz Fridley Grill LLC DBA Pickle Park 7820 University Av NE Fridley, MN 55432 HOTEL / MOTEL Rixmann Fridley LLC DBA Livinn Suites, Ltd. 5201 Central Av. NE Fridley, MN 55432 Wayne Rixmann Public Safety Director Public Safety Director Public Safety Director Planning Assistant Public Safety Director Public Safety Director Fire Inspector Community Development LICENSES - APRIL 9, 2007 (CONTINUED) Type of License � Approved By: TREE SERV/CES Premier Tree Service 8588 260t" Ave Perz MN 56364 Northeast Tree, Inc. 2527 Jackson St NE Minneapolis, MN 55418 Lynn Welles Public Works Director m FOOD, RETA/L GAS, TOBACCO AND OFF-SALE 3.2% MALT L/QUOR Speedway Superamerica LLC City Clerk dba SuperAmerica #4199 Public Safety Director 7299 Highway 65 NE Fire Inspector Fridley, MN 55432 Speedway Superamerica LLC dba SuperAmerica #4175 5667 University Avenue NE Fridley, MN 55432 Speedway Superamerica LLC dba SuperAmerica #4207 7449 East River Road Fridley, MN 55432 4 Corners Gas & Convenience 1301 Mississippi Street NE Fridley, MN 55432 City Clerk Public Safety Director Fire Inspector City Clerk Public Safety Director Fire Inspector City Clerk Public Safety Director FOOD, TOBACCO AND OFF-SALE 3.2% MALT L/QUOR Fridley 1998 LLC dba Cub Foods City Clerk 246 57t" Avenue NE Public Safety Director Fridley, MN 55432 Fire Inspector Sam's West Inc dba Sam's Club #6310 8150 University Avenue NE Fridley, MN 55432 FOOD AND 3.2% MALT L/QUOR Target Corporation dba Target Store T-220 755 53rd Avenue NE Fridley, MN 55432 City Clerk Public Safety Director Fire Inspector City Clerk Public Safety Director Fire Inspector � AGENDA ITEM CITY COUNCIL MEETING OF APRIL 9, 2007 �°F LICENSES FRIDLEI' Contractor T e A licant A roved B Absolute Concrete Services Commercial/S ecialt William Hu hes II Ron Julkowski, CBO Apollo Heating & Ventilation Corp HVAC Richard Welker Ron Julkowski, CBO Central Roofin Com an Roofin Bill Cain Ron Julkowski, CBO Cham ion Water Services Gas Robert Stol Ron Julkowski, CBO Digital Media Commercial/Specialty Sean McAllister Ron Julkowski, CBO Doody Mechanical HVAC Chris Rzeszutek Ron Julkowski, CBO FCA Construcrion Co LLC Commercial/S ecialt Steve Torell Ron Julkowski, CBO Goodwin Construcrion Co LLC Commercial/S ecialt Jim Carlson Ron Julkowski, CBO Herman Homes Inc Commercial/Specialty Ross Herman Ron Julkowski, CBO Highpoint Builders Wrecking Roger Lennox Ron Julkowski, CBO Industrial Equities LLP Commercial/ Specialty Jeff Salzbrun Ron Julkowski, CBO Install This Si n& Awnin Si n Erector Paul Miller Ron Julkowski, CBO Major Mechanical Inc Heating Gary Mitsch Ron Julkowski, CBO McQuillan Bros Plmb & Htg Gas Tim McQuillan Ron Julkowski, CBO Northern Air Corporation HVAC L nn Bisho Ron Julkowski, CBO Royalton Heating & Cooling HVAC Tom Stewert Ron Julkowski, CBO SE Inc Excavating George Schulze Ron Julkowski, CBO Spriggs Plumbing & Heating Co Inc HVAC/Gas Michael Lenahan Ron Julkowski, CBO Thomas Hilden Construction Commercial/S ecialt Tom Hilden Ron Julkowski, CBO � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF To: William W. Burns, City Manager April 9, 2007 From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Don Abbott, Director of Public Safety Date Re April 5, 2007 Public Hearing for 3.2% Malt Liquor and Wine License Applications for Robert Dubnecay of Rob Did It Again Inc. dba Chris & Rob's Chicago's Taste Authority Robert Dubnecay has applied for a 3.2% malt liquor and wine license located at 7429 East River Road, Fridley, Minnesota, 55432. The name of the establishment is Rob Did It Again Inc. dba Chris & Rob's Chicago Taste Authority. The restaurant opened six months ago and Mr. Dubnecay applied for the licenses to provide the same services as their other restaurant in Minneapolis. Sections 602 and 603 of the Fridley City Code require that a public hearing be held to consider the approval of a 3.2% malt liquor or wine license. The City Code also requires that the licenses can not be approved during the same meeting. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun Focus on March 29, 2007 and mailed to Mr. Dubnecay on March 6, 2007. The Police Department has conducted a background investigation, Attachment B, and has found no reason to deny the application at this time. The final approval of the license will be scheduled for April 23, 2007. Staff recommends holding a public hearing for an intoxicating liquor license. Attachment A CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL (Legal Notice) Notice is hereby given that the Fridley City Council will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on Monday, Apri19, 2007, at 7:30 p.m. on the question of issuing an on-sale 3.2% Malt Liquor and Wine License to Robert A. Dubnecay of Rob Did It Again Inc., dba Chris & Rob's Chicago's Taste Authority located at 7429 E. River Road, Fridley, Minnesota. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than April 5, 2007. Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk Published: March 29, 2007 in the Fridley Sun Focus � ��Attachment B r ��'°�{�#�� Fridley Police Department � �� - �� << •�'; � � � Memorandum � � � ��,' , �, r .n �m`� ��`"i ,�, � � `� �� ' To: Dr. William W. Burns, City Manager From: Don Abbott, Public Safety Director Date: 04-02-2007 Re: Liquor License Background Report and Summary Per City Code, the Police Department has completed the background checks as required pursuant to an application for a license to sell 32% Malt Liquor and Intoxicating Liquor (wine only) for Chris and Rob's Chicago's Taste Authority located at 7429 E. River Road NE. The applicant has also applied for a Sunday sales license. The restaurant is owned by Rob Did it Again, Inc., and has been in operation for the past six months. The corporation owns and operates a second restaurant under the same name in Minneapolis sans beer or liquor licenses. The Police Department checked criminal histories, driving records, police records, certain financial records, and references for the following individuals: Robert Dubnecay, President, Manager and Applicant Christopher Dubnecay, Corporate Officer Jean Dubnecay, Corporate Officer Irene Dubnecay, Corporate Officer Robert Dubnecay is the president of Rob Did it Again, Inc. and is the manager of their Fridley restaurant. A search of Mr. Dubnecay's records reveals no criminal record, other than several petty-misdemeanor traffic violations. Nothing was discovered that would prohibit Mr. Dubnecay from being issued a liquor license. The records of the three other corporate officers likewise revealed no violations of statute or of other concerns relevant to a liquor license application. The six months' of operation of Chris and Rob's has been uneventful from a police or public safety perspective. Only one report has been filed concerning the restaurant wherein the business reported a dispute with a former employee. In summary, the Police Department found no reason to prevent licensure. � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF To: William W. Burns, City Manager April 9, 2007 From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Donovan Abbott, Director of Public Safety Date Re April 5, 2007 Second Reading of an Ordinance Amending Chapters 602, 603 and 606 of the Fridley City Code Creating a Patio Endorsement for Licensed On-Sale Liquor Establishments Last summer and fall several requests to have patios at licensed on-sale liquor establishments came to the attention of staf£ Staff researched the issue and met with the design review committee to discuss a possible amendment to the city code relating to a request for a patio. Issues of zoning, police enforcement, and public access and safety were addressed. It was determined the city could create a Patio Endorsement describing the regulations, process and violations. This Patio Endorsement could be included in Chapters 602, 603 and 606 of the City Code. It was also determined, due to the current license fees, the city would not charge an additional license fee for this endorsement, but require that the applicant apply for and pay for the appropriate building permits and fees. After the meeting, staff contacted a few additional cities to see if they had any other requirements for patios, and incorporated some of the requirements from the City of St. Cloud. This ordinance was reviewed by the Finance, Community Development, Fire and Police Departments as well as the City's prosecuting and civil attorneys. In addition, this memo and proposed ordinance was mailed to all of the on-sale liquor license establishments for them to review and provide input. The City Council held the first reading of this ordinance on March 26, 2007. Tom Tomaro of Pickle Park was concerned that closing the patio at 10:00 p.m. was too early, as his business was more late night and really began about 9:30 p.m. In addition, he would like to provide piped in music and/or portable televisions to his customers on the patio. There was further discussion and as a result, the City Council asked staff to contact similar cities to find out whether they regulate outdoor speakers at restaurants and what hours their liquor licensed establishments with patios were allowed to be open. Staff mailed a quick questionnaire to the following 13 metro area cities to try to answer these questions: White Bear Lake Spring Lake Park Coon Rapids Andover Blaine Mounds View New Brighton Columbia Heights Crystal New Hope Robbinsdale Maple Grove St. Anthony Page 2 7 cities responded to the survey. Of those cities responding, all but one allows the patio to be open the same hours as the licensed establishment. In addition: 0 The City of Blaine requires a conditional use permit (CUP) for a patio, some conversational level music is allowed by the CUP and they allow the patio to be open the same hours as the licensed establishment. 0 The City of New Hope also requires a CUP for a patio but allows the patio to be open the same hours as the licensed establishment. 0 The City of Mounds View adopted an ordinance in 2006 requiring an Outdoor Consumption Endorsement which allows the patio be open the same hours as the licensed establishment, and speakers are allowed on the patio. The only problem they have had with noise was in response to live entertainment outside at Moe's (formerly Jakes Sports Bar). They are currently reviewing this issue. 0 The City of White Bear Lake requires the liquor license to request an extension of their licensed premises and each case is looked at separately and determined based on their own merits, including hours (i.e., on freeway vs. a residential neighborhood). There are currently no regulations as to the use of speakers for music or television; they have only dealt with live entertainment, which again is reviewed on a case by case basis. Since the first reading of this ordinance, the Minnesota State Senate passed SF 1238 a bill legislating second hand smoking in places of employment. The bill has moved to the House and has been referred to the House Committee on Higher Education and Work Force Development Policy and Finance Division. We do not know how the full extent of this legislation would affect this proposed ordinance or what the final version of this bill would be if it were also passed in the House. As a result of the legislative activity, staff recommends the City Council table the second reading of this ordinance amending Chapters 602, 603 and 606 of the Fridley City Code Creating a Patio Endorsement for Licensed On-Sale Liquor Establishments until after the legislative session is over. ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title An Ordinance Amending Chapters 602, 603 and 606 of the Fridley city Code Creating a Patio Endorsement for Licensed On-Sale Liquor Establishments. II. Summarv The City Council of the City of Fridley does hereby ordain as follows: That Chapters 602, 603 and 606 of the Fridley City Code pertaining to liquor licensing be amended to create a patio endorsement for licensed on-sale liquor establishments, stating the regulations, application process and clarifying violations. III. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of this ordinance. A copy of this ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2007. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading. March 26, 2007 Second Reading: Published: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 602, 603 AND 606 OF THE FRIDLEY CITY CODE CREATING A PATIO ENDORSEMENT FOR LICENSED ON-SALE LIQUOR ESTABLISHMENTS The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapters 602, 603 and 606 related to liquor licensing be amended to create a patio endorsement and hereby ordains as follows: Section 1: That Chapter 602. 3.2% Malt Liquor is hereby amended as follows: 602.14. PATIO ENDORSEMENT Statement of Poli The sale of 3.2% malt liquor pursuant to anv of the licenses issued in accordance with Chapters 602, 603 and 606 of the City Code will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee a�lies for and receives a�roval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. 2. Re�ulations A. The patio shall be attached to the licensed premises and share at least one common wall or side with the licensed premise buildin�/structure. The conti�uous area will not be part of a public street, sidewalk or other public �rounds. B. Access to the batio shall be directiv from the licensed bremise with no direct access other than an emer�enc.�exit only) equi�ped with an alarm, from any area other than by passin t� hrou�h the normal interior public areas of the licensed premise. C. The patio shall be clearlv delineated bv a permanent installed fence, or other structure or barrier, at least 42" hi�h to prevent the in�ress or e�ress of persons to and from the patio. The fence shall be desi�ned and constructed in a manner that discoura�es or deters the passin� of any re�ulated, controlled or prohibited items outside from one side of the fence to the other side of the fence. D. Panic and fire exit hardware shall be installed on the fence or barrier and com�ly with the Minnesota Buildin� Code to prohibit free passa�e of an�person or substance from the licensed area. E. Patios in direct contact with, or immediately adj acent to a parkin� area for motor vehicles shall have sufficient barriers installed to prevent the accidental or intentional incursion of vehicles into the patio space. Ordinance No. Page 2 F. The licensee shall pav the Metropolitan Council one S.A.C. unit for outside seatin� for every 8 seats. G. The batio shall be blaced in area to meet the state and federal accessibilitv reauirements. H. There shall be no live entertainment or the use of sound producing equipment in the patio enclosure. I. The sale and consumption of 3.2% malt liquor within the patio is limited to the hours commencin� at 10:00 a.m. and endin� at 10:00 p.m. No licensee, nor the employee, nor a�ent of any license will serve, dispense, possess, display, or in any manner furnish 3.2% malt liquor at any other time. J. All other conduct pertainin� to the licensed premises required by this Code or Minnesota state statutes shall apply. 3. A�lication Anv restaurant to which an on-sale 3.2% malt liquor license has been issued mav submit an application for a patio endorsement. The a�plication shall contain a description of the outdoor area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area to be licensed. The a�plication will also include a detailed description of the barriers that will be used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and fire arran�ements and li�htin�. The drawin�s must include the dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately to scale. This a�plication must be submitted to the City Clerk for review and comment by the Police Department, Fire Department, and Community Development Department before submission to the City Council. The City staff will review the suitability of the proposed licensed area in li�ht of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the licensee in maintainin� order and obeving a�licable laws in the licensed patio and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surroundin� land, adequacv of li�htin�, a�ropriateness of noise level, suitability of in�ress and e�ress arran�ements includin� control of persons enterin� and leavin� for purposes of preventin� consumption bv minors and safetv of seatin� arran�ements. If the patio endorsement is a�proved by the City Council, the licensee would be required to a�ply for and pav for the a�propriate buildin� permits and fees. 4. Violations A. It shall be a violation of this code, bv the license holder and/or anv emplovees or a�ents of the license holder, to permit, allow or fail to prevent persons from directly accessin� the patio. Ordinance No. Page 3 B. It shall be a violation of this code by the license holder and/or an.��ployees or a�ent of the license holder to provide, furnish or �ive, or to allow any other person to provide furnish or �ive any 3.2% malt liquor, tobacco products, weapons, or any other re�ulated controlled or prohibited items (for example, dru�s, dice, cards, etc.) from one side of the fence or barrier to the other. C. Any violation of the provisions of this Code or of the state law re�ulatin� the sale of 3.2% malt liquor which occur in the patio area will be considered as a violation of the principal on-sale license for the premises. tin� 602.15. Administrative Offenses tin� 602.16. Violations tin� 602.17. Revocation tin� 602.18. Penalties Section 2: That Chapter 603. Intoxicating Liquor is hereby amended as follows: 603.25. PATIO ENDORSEMENT Statement of Poli The sale of intoxicatin� liquor pursuant to any of the licenses issued in accordance with Chapters 602, 603 or 606 of the Code will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee a�plies for and receives a�proval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. 2. Re�ulations A. The patio shall be attached to the licensed premises and share at least one common wall or side with the licensed premise buildin�/structure. The conti�uous area will not be part of a public street, sidewalk or other public �rounds. B. Access to the batio shall be directiv from the licensed bremise with no direct access other than an emer�encv exit exit onlx) equi�ed with an alarm, from anv area other than bX passin� throu�h the normal interior public areas of the licensed premise. C. The patio shall be clearly delineated b�permanent installed fence, or other structure or barrier, at least 42" hi�h to prevent the in�ress or e�ress of persons to and from the patio. The fence shall be desi�ned and constructed in a manner that discoura�es or deters the passin� of any re�ulated, controlled or prohibited items outside from one side of the fence to the other side of the fence. D. Panic and fire exit hardware shall be installed on the fence or barrier and com�ly with the Minnesota Buildin� Code to prohibit free passa�e of an�person or substance from the licensed area. Ordinance No. E. Patios in direct contact with. or immediatelv adi acent to a barki Page 4 area for motor vehicles shall have sufficient barriers installed to prevent the accidental or intentional incursion of vehicles into the patio space. F. The licensee shall pav the Metropolitan Council one S.A.C. unit for outside seatin� for everv 8 seats. G. The patio shall be placed in area to meet the state and federal accessibilitv requirements. H. There shall be no live entertainment or the use of sound producin� equipment in the patio enclosure. I. The sale and consumption of intoxicatin� liquor within the patio is limited to the hours commencin� at 10:00 a.m. and endin� at 10:00 p.m. No licensee, nor the employee, nor a�ent of any license will serve, dispense, possess, display, or in any manner furnish intoxicatin� liquor at any other time. J. All other conduct pertainin� to the licensed premises required by this Code or Minnesota state statutes shall a�lv. 3. A�plication restaurant to which an on-sale intoxicatin� or wine license has been issued mav submit an application for a patio endorsement. The a�plication shall contain a description of the outdoor area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area to be licensed. The a�lication will also include a detailed description of the barriers that will be used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and fire arran�ements and li�htin�. The drawin�s must include the dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately to scale. This a�lication must be submitted to the Citv Clerk for review and comment bv the Police Department, Fire Department, and Community Development Department before submission to the Citv Council. The Citv staff will review the suitabilitv of the proposed licensed area in light of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the licensee in maintainin� order and obeving a�licable laws in the licensed patio and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surroundin� land, adequacy of li�htin�, a�propriateness of noise level, suitability of in�ress and e�ress arran�ements includin� control of persons enterin� and leavin� for purposes of preventin� consumption by minors and safety of seatin� arran�ements. If the patio endorsement is a�roved bv the Citv Council, the licensee would be required to a�lv for and pav for the a�propriate buildin� permits and fees. Ordinance No. 4. Violations Page 5 A. It shall be a violation of this code, by the license holder and/or any employees or a�ents of the license holder, to permit, allow or fail to prevent persons from directly accessin� the patio. B. It shall be a violation of this code by the license holder and/or an.��ployees or a�ents of the license holder to provide, furnish or �ive, or to allow anv other person to provide, furnish or �ive any liquor, tobacco products, weapons, or any other re�ulated controlled or prohibited items (for example, dru�s, dice, cards, etc.) from one side of the fence or barrier to the other. C. Anv violation of the provisions of this Code or of the state law re u� latin� the sale of liauor which occur in the batio area will be considered as a violation of the brincibal on- sale license for the premises. tin� 603.26. Administrative Offenses tin� 603.27. Violations tin� 603.28. Penalties Section 3. That Section 606. Intoxicating Liquors — On-Sale Clubs is hereby amended as follows: 606.12. Patio Endorsement The sale of intoxicatin� liquor pursuant to any of the licenses issued in accordance with Chapters 602, 603 or 606 of the Code will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee a�plies for and receives a�proval from the City Council for a Patio Endorsement to allow the sale and consumbtion outside of a structure on the licensed premises. 2. Re�ulations A. The patio shall be attached to the licensed premises and share at least one common wall or side with the licensed premise buildin�/structure. The conti�uous area will not be part of a public street, sidewalk or other public �rounds. B. Access to the patio shall be directly from the licensed premise with no direct access other than an emer�enc.�exit only) equi�ped with an alarm, from any area other than by passin� throu�h the normal interior public areas of the licensed premise. C. The patio shall be clearlv delineated bv a permanent installed fence, or other structure or barrier, at least 42" hi�h to prevent the in�ress or e�ress of persons to and from the patio. The fence shall be desi�ned and constructed in a manner that discoura�es or deters the passin� of any re�ulated, controlled or prohibited items outside from one side of the fence to the other side of the fence. D. Panic and fire exit hardware shall be installed on the fence or barrier and comblv with the Minnesota Buildin� Code to prohibit free passa e� of an�person or substance from the licensed area. Ordinance No. E. Patios in direct contact with. or immediatelv adi acent to a barki Page 6 area for motor vehicles shall have sufficient barriers installed to prevent the accidental or intentional incursion of vehicles into the patio space. F. The licensee shall pav the Metropolitan Council one S.A.C. unit for outside seatin� for everv 8 seats. G. The patio shall be placed in area to meet the state and federal accessibilitv requirements. H. There shall be no live entertainment or the use of sound producin� equipment in the patio enclosure. I. The sale and consumption of liquor within the patio is limited to the hours commencin� at 10:00 a.m. and endin� at 10:00 p.m. No licensee, nor the employee, nor a�ent of any license will serve, dispense, possess, display, or in any manner furnish intoxicatin� liquor at any other time. J. All other conduct pertainin� to the licensed premises required by this Code or Minnesota state statutes shall a�lv. 3. A�plication club to which an on-sale intoxicatin� or wine license has been issued mav submit an application for a patio endorsement. The a�plication shall contain a description of the outdoor area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area to be licensed. The a�lication will also include a detailed description of the barriers that will be used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and fire arran�ements and li�htin�. The drawin�s must include the dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately to scale. This a�lication must be submitted to the Citv Clerk for review and comment bv the Police Department, Fire Department, and Community Development Department before submission to the Citv Council. The Citv staff will review the suitabilitv of the proposed licensed area in light of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the licensee in maintainin� order and obeving a�licable laws in the licensed patio and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surroundin� land, adequacy of li�htin�, a�propriateness of noise level, suitability of in�ress and e�ress arran�ements includin� control of persons enterin� and leavin� for purposes of preventin� consumption by minors and safety of seatin� arran�ements. If the patio endorsement is a�roved bv the Citv Council, the licensee would be required to a�lv for and pav for the a�propriate buildin� permits and fees. Ordinance No. Page 7 4. Violations D. It shall be a violation of this code, by the license holder and/or any employees or a�ents of the license holder, to permit, allow or fail to prevent persons from directly accessin� the patio. E. It shall be a violation of this code bv the license holder and/or anv emplovees or a en� ts of the license holder to provide, furnish or �ive, or to allow any other person to provide, furnish or i� ve anv liquor, tobacco products, weapons, or anv other re�ulated controlled or prohibited items (for example, dru�s, dice, cards, etc.) from one side of the fence or barrier to the other. F. Any violation of the provisions of this Code or of the state law re�ulatin� the sale of liquor which occur in the patio area will be considered as a violation of the principal on- sale license for the premises. tin� 602.13. Prohibited Sales � 602.14. Conduct Prohibited �9�-�4 602.15. Administrative Offenses � 602.16. Violations � 602.17. Revocation � 602.18. Penalties PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2007. Scott J. Lund, Mayor Attest: Debra A. Skogen, City Clerk First Reading March 26, 2007 Second Reading: Publication: � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF April 9, 2007 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk March 30, 2007 Resolution Revoking On-Sale Liquor License for AlVg' Bowling Centers, Inc., dba Maple Lanes (AMF), 6310 Highway 65 NE, Fridley, MN 55432 The City Council held a public hearing on March 26, 2007, as required by Fridley City Code Section 603.17, due to non-compliance of the food to liquor sales required by Section 603.10.18. The City Council took testimony and closed the public hearing. Section 603.17 of the City Council states, "that the City Council may suspend or revoke any license for the sale of intoxicating liquor for the violation of any provision or condition of this Chapter..." Based on the fact that this is the third violation of Chapter 603 in the past five years and the testimony taken at the public hearing, staff has prepared a Resolution and Findings of Fact revoking the AMF on- sale intoxicating liquor license. In each instance in the past, the City Council has tabled the resolution to revoke the liquor license to a time specific six months later. This was done in order to determine if the license holder was indeed making changes to their operation and increasing their food sales sufficiently. • For the 2002-03 liquor license, the City Council tabled the hearing and revocation and approved a licensed conditioned on review on a date specific in six months. After the six month period, the council continued the hearing and recommended approval of the license. In addition, the City Council amended Chapter 603 of the City Code to provide for a restaurant in a bowling center. • For the 2005-061iquor license, the City Council again tabled the public hearing and approved a license conditioned on a review on a date specific in six months. At the hearing the council approved a license. Shortly thereafter, the City council again amended the City Code clarifying that vending machines sales would not be included in gross food sales. Staff recommends the City Council discuss the possible suspension or revocation of the on-sale intoxicating liquor license. Should Council table the attached resolution similar to past actions, it would be appropriate to take the following action: table the revocation resolution to October 8, 2007, and approve the current year license under the stipulation that AMF provide monthly profit and loss statements indicating the food to liquor ratio. Resolution No. 2007 - A RESOLUTION DENYING RENEWAL OF INTOXICATING LIQUOR LICENSE FOR AMF BOWLING CENTERS INC., DBA MAPLE LAES LOCATED AT 6310 HIGHWAY 65 NE, FRIDLEY, MINNESOTA WHEREAS, AlVg' failed to meet the gross food to liquor sales for the 2002-03 license renewal year, a public hearing was held, AlVg' was placed on probation to provide time for AMF to increase its gross food sales and to allow an amendment to the City Code to defining bowling centers and changing the gross food to liquor sales ratio from 40% food/60% liquor to 30%food/70% liquor. WHEREAS, AlVg' failed to meet the gross food to liquor sales for the 2004-OS license renewal year; a public hearing was held, AlVg' was again placed on probation; and to allow an amendment to the City Code clarifying language excluding vending machine sales as food sales revenue. WHEREAS, the City of Fridley, Minnesota regulates the sale of intoxicating liquor in establishments located within the City, pursuant to the authority granted to it under Minnesota Statutes Section 340A, by ordinance, specifically Chapter 603 of the Fridley Municipal Code; and WHEREAS, Fridley City Code Section 603.10.19 states that, "at the time of renewal of an "on-sale 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 is to be used, is in the serving of food." WHEREAS, Fridley City Code Section 603.10.18 states, "A bowling center/restaurant 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 food and liquor is from the serving of food prepared on site and no from vending machines"; and WHEREAS, Fridley City Code, Section 603.17 states that, "The City Council may suspend or revoke any license for 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 WHEREAS, on January 26, 2007, the City of Fridley mailed an application for renewal of intoxicating liquor to all licensees requesting the renewal application be returned to the City by March 2, 2007; and WHEREAS, it is the usual and ordinary practice of the City in the enforcement of Chapter 603 of the Fridley Municipal Code to require the certification of a Certified Public Accountant of the gross sales ratio of food to liquor on any restaurant selling on-sale intoxicating liquor within the City; and WHEREAS, on February 23, 2007, staff received the license renewal application and fees from AlVg' Bowling Centers, Inc., dba Maple Lanes (AlVg') and reviewed the report from Keiter, Stephens, Hurst, Gary & Shreaves, their CPA firm, and found it appeared the food to liquor ratio was not in compliance showing 29% food and 71% liquor, but the it was unclear whether it it was the net or gross sales; and Resolution No. 2007-_ Page 2 WHEREAS, on or about February 23, 2007, staff discussed the appearance of non-compliance with Donna Arruda and Elizabeth Small, from the AMF Corporate Headquarters in Virginia, and requested a copy of their Profit and Loss Revenue Spread Report for the twelve month period ending December 31, 2006, to determine the gross sales figures; and WHEREAS, after staff reviewed the information provided by AlVg', staff determined the actual gross food to liquor sales was 29% food and 71% liquor and making AMF non-compliant for the third time in five years; and WHEREAS on or about February 23, 2007, staff again contacted AlVg' Virginia Corporate Headquarters about the non-compliance notifying them the City would be proceeding with a public hearing on March 26, 2007, to suspend or revoke the liquor license; and WHEREAS, Fridley City Code Section 603.18 requires that, "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"; and WHEREAS, on March 6, 2007, the city clerk prepared a"Notice of Public Hearing Before the City Council" and mailed it via regular mail on March 6, 2007, to AMF Corporate Headquarters in Virginia and published the notice on March 15, 2007, in the Fridley Sun Focus; and WHEREAS, on March 6, 2007, staff received a fax from AlVg' of a letter from Dave Strachota, Minnesota District Manager for AMF, notifying the city of the steps AMF would be taking to remedy the situation to increase their food to liquor sales and requesting a six month probationary period; and WHEREAS, on March 22, 2007, staff prepared the memorandum for the March 26, 2007, City Council meeting to hold a public hearing on the on-sale liquor license for AMF and faxed a copy to AlVg' Corporate Headquarters in Virginia; and WHEREAS, the Fridley City Council opened the public hearing on March 26, 2007, took testimony from staff and AMF and closed the public hearing. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley after listening to all of the facts presented herby makes the following FINDINGS OF FACT: 1. That each and all of the foregoing factual statements are true and correct and are incorporated herein as part of the findings of fact and record of these proceedings. 2. That Fridley City Code, Section 603.17 states that, "The City Council may suspend or revoke any license for 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". Resolution No. 2007- Page 3 BE IT FURTHER RESOLVED THAT based on these findings the City Council of the City of Fridley hereby revokes the Intoxicating Liquor License to AMF Bowling Centers, Inc., dba AMF Maple Lanes located at 6310 Highway 65 NE as allowed by Fridley City Code Section 603.17. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2007. Scott J. Lund, Mayor Attest: Debra A. Skogen, City Clerk � -_ � Resolution No. 2007 - �. _ .. A RESOLUTION DENYING RENEWAL OF INTOXICATING LIQUOR LICENSE FOR AMF BOWLING CENTERS INC., DBA MAPLE LAES LOCATED AT 6310 HIGHWAY 65 NE, FRIDLEY, MINNESOTA WHEREAS, AMF failed to meet the gross food to liquor sales for the 2002-03 license renewal year, a public hearing was held, AMF was placed on probation to provide time for AMF to increase its gross food sales and to allow an amendment to the City Code to defining bowling centers and changing the gross food to liquor sales ratio from 40% food/60% liquor to 30°/afood/70% liquor. WHEREAS, AMF failed to meet the gross food to liquor sales for the 2005-061icense renewal year; a public hearing was held, AMF was again placed on probation; and to allow an amendment to the City Code clarifying language excluding vending machine sales as food sales revenue. WHEREAS, the City of Fridley, Minnesota regulates the sale of intoxicating liquor in establishments located within the City, pursuant to the authority granted to it under Minnesota Statutes Section 340A, by ordinance, specifically Chapter 603 of the Fridley Municipal Code; and WHEREAS, Fridley City Code Section 603.10.19 states that, "at the time of renewal of an "on-sale 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 is to be used, is in the serving of food." WHEREAS, Fridley City Code Section 603.10.18 states, "A bowling center/restaurant 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 food and liquor is from the serving of food prepared on site and no from vending machines"; and WHEREAS, Fridley City Code, Section 603.17 states that, "The City Council may suspend or revoke any license for 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 WHEREAS, on January 26, 2007, the City of Fridley mailed an application for renewal of intoxicating liquor to all licensees requesting the renewal application be returned to the City by March 2, 2007; and WHEREAS, it is the usual and ordinary practice of the City in the enforcement of Chapter 603 of the Fridley Municipal Code to require the certification of a Certified Public Accountant of the gross sales ratio of food to liquor on any restaurant selling on-sale intoxicating liquor within the City; and WHEREAS, on February 23, 2007, staff received the license renewal application and fees from AMF Bowling Centers, Inc., dba Maple Lanes (AMF) and reviewed the report from Keiter, Stephens, Hurst, Gary & Shreaves, their CPA firm, and found it appeared the food to liquor ratio was not in compliance showing 29% food and 71% liquor, but the it was unclear whether it it was the net or gross sales; and ! 4 � , �, • � ' ., • ., , � i � �� i�c �i� - AMF Bowling Worldwide, Inc. Worldwide Headquarters Post Office Box 15060 8100 AMF Drive Richmond, Virginia 23227 Mechanicsville, Virginia 23111 March 2, 2007 City of Fridley Rick Pribyl 6431 University Ave. N.E. Fridley, MN 55432 Re: AMF Maple Lanes Located at 6310 Hwy 65 North Dear Mr. Pribyl: 804 / 730-4000 Telephone I am writing you in regards to the liquor license for the above mentioned account. As the izew District Manager for the Minneapolis area, it has been brought to my attention that AMF Maple Lanes in Fridley did not successfully meet the 30% food ratio. Since we have not had a chance to discuss the repercussions of failing to reach the 30% food ratio, I have taken several proactive steps to coinply with the city's ordinances. The actions that I am taking have never been implemented in the past. It is my intention to initiate programs that will not only resolve this issue now, but will also increase food sales so we will not have to address compliance in the fiiture. First, I have hired and placed Fridley resident Linda Steeves in the position of General Manager of AMF Maple Lanes. Linda's willingness to take ownership of this problem, and her commitment to increasing food sales will go a long way in resolving this issue. Linda has already made initial contacts in the Fridley schools in an effort to attract the youth market and become more involved in the communiry. � In addition, we have developed a number of value added bowling packages that will include food at a very reasonable price. These packages will be targeting the family, teen and youth markets and we will be using direct mail and other local advertising options to get an iininediate response. Package Examples: Fridley Family Fun Packs Family of Four Large Pizza & One Pitcher of Soda Teen Extreme Bowling Four to a Lane One Large Pizza & One Pitcher of Soda Two Games of Bowling, Free Slioe Rental Two Hours of Bowling, Free Shoe RenCal Birthday Bash Large Pizza & Soda Two Hours of Party Fun AMf �4fways fl9eans Fun!" I'outh Double Play Two Hot Dogs, Two Sodas Two Games of Bowling, Free Shoes � Finally, we are working with a contractor and have submitted plans for remodeling within AMF Maple Lanes. The restrooms will be completely remodeled, new carpeting will be installed, and the F&B area will be freshened up with new furniture being included. Again, this is all being done for the purpose of making the center a much more family friendly location. In the past year we have also passed an underage alcohol compliance check that is a testament to our dedication to follow all provisions of our licensing. As you can see, AMF is making an earnest effort to increase the food to alcohol ratio and bring it into compliance with the City's requirements. Therefore, I kindly request that you put AMF Maple Lanes on a 6 month probationary period with the agreement that we will meet the 30% (or higher) food to alcohol ratio. The AMF corparate office will provide you with a monthly Profit & Loss Stateinent indicating the food and alcohol sales for each month. Please allow me to assure you that both the management team and I take our responsibility very seriously and are committed to meeting any and all licensing requirements. Should you have any questions, please do not hesitate to contact myself at (414) 443- 2401 or Elizabeth Small at (804) 730-6605. Sincerely, �� Dave Strachota Minnesota District Manager cc: Elizabeth Small Senior Tax & Licensin; Accountant � - • . . 7 N �O � M 00 0 � 00 00 (� O Q O� O O � F M oo N cM N N C l4 J d Q N � LL � Q M 01 N ^ rn O d � % � s ra +' a; o � � �N r. O O r O u � A O O r O i O z 00 r O U � O O � O R. d � � O O O bD � Q O O � O � �7 O O r 0 O � h � O O O � � � O O r O i. G Q 00 l� v-i o ,�; ��n l� o � �--� M � O� � � � � � Q N N M '7 M M �O d- O o l� O O � O N � �O t� � O M M M d N c� O 6r,i M O �--� � h N m o O v'� .-. �O �A � � M � M `� M ti r O O N � W s�, N J a� o pa ':� o ° o 0 w ¢ H w M O d' O � � � � b � O vMi vl 00 F'� �--� N M N ,� �p t� o �O O O� O� o O �i' N �O � U O� � M v N c� l� A N .-� � � � �O M O M O O O� � M � � � � � � p N M �!1 z N h �O M � �p o0 N �--� o p [� O\ (� �D i+ �--i N rt M V �--� M �7' �O O r+ �O �O N � �p 7 N l� o O O O O �--� a � N ^,^ � y N M O� � N �O N � M � O � l� �--� O b0 et �O .--i l� � � � M � � � � � �O .� 00 O p o0 M �--� � �. � l� N �: ►7 ~ M � N �O � �D v� �O .� O O � l� N � C M N 01 O � � M 0 O O� O� o �n O vl N �a M �O 01 � CC �p '�'i M � v� �p e �o �o vi � O � 00 M � s�.. (� O� l� M Q ^ N N v� .-+ �p o � �O v� o O N M d' C�Q •~ � � ~ � � N M OO N l� N O� o �D � '--� Vl � O O O O O� O 00 00 � N M �O �y N N o0 O � `p v'� eY o 0 O � o o � C � �. '""' � � � r � N � O O N N bA � i, N � a� o � � � O � «� O w° ¢ F°-� w° O �O �O � O � O � V' V oo � � � E'� � N � M �O �O N � � �O o0 0 O N �n l� O� CJ �--� � h � G> � N M �--� A M V1 M N �n o O �O l� M � � 00 �f M p N M � z N � � 7 � 1I1 O M � O p \O M O� Vi r + N O\ ,--i O U ,--i N � O O M � �--� � � � O� M N o p M N �O 00 Q" � � N l� � N � � 01 O o �A o0 00 l� o O M o0 N [� b0 N M �O Q: � M Q �n �n O o 1n •--� �O 00 � O01 � M 01 N V1 00 � : r-�j M W � � � vi oo t� �o 0 O N t� O �--i q '7 Vl O N � � ti OO V'7 M 0 � 7 l� N o � � N [� M i. M Vl 00 V: � � "�"i M c� t� � o � v'� oo �t o O o0 d- M 00 L o0 O O� ~ p., N N O Q M � � O ,a. � O L l� 00 00 � � O � � N N � 7 � M � � O O N .--i l� � �-. 7 � � (� � N M r N �n � oo .--� \ o � o 0 � � � N � y � � � .-� M V) O O N N bU � N � a� o � � � O � � O w° ¢ F°-� w° � X � O � O O N O .� � m � M � N � N d N � _ _ C� I I �F FRiDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 October 9, 2006 AMF Maple Lanes 6310 Highway 65 NE Fridley, MN 55432 Dear Dave Langer Congratulations! On Monday, October 2, 2006, the Fridley Police Department conducted an underage alcohol compliance check our 19 licensed establishments in the City of Fridley that sell or serve 3.2% malt liquor, intoxicating liquor, beer or wine, as required by state law. Your business was one that refused to sell or serve alcohol products to our juvenile agent, was found not to sell alcohol or was closed at the time of the compliance check. Please relay a job well done to your cashiers, servers or bartenders who were working during the hours of 6:00 p.m. and 10:30 p.m. on that day. One juv�nile�was°s�nt-into the businesses which sell or serve alcohol products in an attempt to purchase 3.2% malt liquor, beer, intoxicating liquor or wine. Of the 19 businesses, the juvenile was unable to purchase alcohol products at all but one of the establishments. It is hoped that the recent enforcement action will curtail the ability of minors to obtain alcohol products from Fridley merchants. It is the intent of the Fridley Police Deparhnent to continue to monitor this activity through similar pro-active compliance checks on a periodic basis. If a business had sold to a minor and it was the first offense, this would have resulted in civil penalties of $250 being assessed to the clerks who sold the alcohol products, and $500 being assessed to the licensee where the sales were made. Please keep up the good work! If you have any questions about this subject please call me at 572- 3632. Sincerely, CITY OF FRIDLEY �. � Brian �ierk�ce Ca fain , . P - � c��oF FRIDLEY FRIDLEY MUNICIPAL CENTER � 6431 UNiVERSETY AVE. N.B. FRIDi.EY, MN 55432 •(763} 571-3450 • FAX (763) 571-1287 April 18, 200b AMF Maple Lanes 6310 Highway 65 NE Fridley, MN 55432 Dear Dave Langer Congratulationsl On Friday, April 14, 2006, the Fridley Police Department conducted an underage alcohol compliance check at 17 of the 20 licensed estabiishments in the City of Fridley that sel! or serve 3.2% malt [iquor, intoxicating liquor, beer or wine, as required by state law. Yaur business was one that refused to setl or serve alcohol products to our juvenile agents. Please relay a job well done to your cashiers, servers or bartenders who were working during the howrs of 6:00 p.m. and 934 p.m. an that day. One juvenile was sent into the businesses w}tich sell or serve alcohol producis in an attempt to purchase 3.2% malt liquar, beer, intoxicating iiquor or wine. Of the 20 businesses, the juveniles were unabie to purchase a]cohol products at al] but two of the establishments. It is hoped that the recent enforcement action will curtail the ability of minors to obtain alcohol prvducts fram Fridley merchants. It is the intent of the Frid(ey Police Departmenc to contznue to monitor this activity through similaz pro-active compliance checks on a periodic basis. If a business had sold to a minor, this would have resulted in civil genalties of $250 being assessed to the clerl:s who sold the tobacco products, and $500 being assessed to the licensee where the sales were made. Please keep up the good wark! If yau have any questions abouf this subject please call me at 572- 3637. Sincerely, CITY OF FRIDLEY Bob Rewitzer, Police Captain `' ' ' t/�,�, Cc5�0a�c.�-- f , � , �� E yr/�y J� � i��i��aXi�� i�� ?0a"i'�� ' .,� rY. tl�� . � � '3.i - �--------_��. � �3 c , f Up to a $25 SAVINGS wi#h this �� : � �� %�y�� `� � ? €� � .�. .��. . z �' :� � � I � I I I I I �� ' � :;� i �� -. . � The AMF Maple Lanes Family Meat De�i� �n+�a�ies:�� " � �� 2 Games of Bowiing • Shoe Rental `� �;-" � • a Large Handmade Rizza • a Pitcher of Sod� �. ��E �� 1 Valid for up to 4 people an a lane. �� Add a person for only $5.04!: � y �� ' � � ` � &�.. a� � /� � � AMF Maple Lanes , � a-� ' /��V� �� 6310 Highway65,,., .� � Need fun? t�dd bowling. Fridley, MN 55432 � �� (763) 571-3520 � * =� ; � f OFFER VALID 3/15/07 - 5/6/07 ; `� � Valid any time. Not valid in conjundion with any other r%� ' discount or offer. Not valid for birthdays, group events, ? �2 league, tournament or Xtreme sessions. No cash value , � Valid at AMF Maple Lanes. Subject to lane availability. '� ;,-,� �� ; t~ � � �I� i � � � i � � �� ,3�x` �� „Y . _ .,...,. R.�.�-_:. - _ �� Visit us on the web at Magictrianglelanes.amfcenters.com AMF Magic Triangle Lanes 8600 Bell Creek Rd. Mechanicsville, VA 23111 Phone: 804-559-8600 I 1 I � I � � �.. ��.. ,y. � ..:; �9 ��"S'� �� °a s �., 3 � � . �� .s.:�� .. �� .. . , �. L ':� t 1 � # } ° $ oo AMf TEEN NTRE ?■,5 rtustax z Ever' Sunda Startin at 6:G Y Y, g �,�,� , AM� Maple Lanes Teen Xtreme tnciudes: � �� 2 Games of Bow[ing • Shoe Rental � � • a Large Handmade Pizza • a Pitcher of Soda � " �, Valid far up to 4 people on a lane. Add a person for onty $5.00! � �;..� tt� IY:._.�--- AMF Maple Lanes 0 6310 Highway 65 � Need fun? �dd bowfing. Fridley, MN 55432 ' � ��•��°� (763) 571-3520 . ,�. s_ w � OFFER VALID 3/15/07 - 5/6/07 ' Valid any time. Not valid in conjunction with any other ' Idiscou�toroffecNotvalidforleague,tournamentor group events. No cash value. Valid at AMF Maple Lanes. ' L�� s �� s� �r. �,r �� ,�,r�� ; Operating Standards Responsible Alcohol Service �ti�� is��i'U� 1..;,Lt�i:j: R�C.''f31ii��S:: �it..lr7; i'�i:'< �,�, F`.�'�i: .i;`�'i Revisic��a:1'�-?.; Ni�n�ber. �C ��c�t�tsc�r: ; ,,r;.' .� i�E , :�:;�- �. C3i�tr€butio��: ` t ��;<;3 �'��€��: ; :,'; ;r STANDARD: It is the responsibility of bowling center management to comply with all appropriate local, state and federal laws regarding the sale of alcoholic beverages. It is unlawful for AMF employees to sell or serve alcoholic beverages including, malt beverages, wine or spirits, to anyone who appears intoxicated or under the legal age for consumption of alcoholic beverages. No employee of any center will knowingly sell or serve any alcoholic beverages to any person under the age of 21, or to any person whom they have reason to believe is intoxicated. II. OPERATING PROCEDURE: — All servers, sellers, and management must be trained and certified in the TIPSO program, or other AM F designated program. See Operating Standard 3250 TIPSO Training for further details. � Managers must be certified in any necessary capacities according to local and state guidelines as dictated by the local magistrate. � AMF reserves the right to refuse to sell or serve alcoholic beverages to any customer. It is important to seek the advice of management if there is a question about a customer being intoxicated or under the legal age for consumption of alcoholic beverages. Identification Check - AMF requires an identification check on anyone who appears to be under 30 years of age. Acceptable identification must include a picture of the person, as well as their birth date. All forms of identification must be current and valid. Expired identification cannot be accepted. Acceptable identification is limited to the following: 1. State Drivers License 2. State issued identification card (must be for state or adjoining state in which alcohol is being purchased) 3. Military identification card 4. Passport � No other form of identification is acceptable as age verification for the purchase of alcoholic beverages at AMF Bowling Centers. Employee Violations - Any employee who sells or serves an alcoholic beverage to a customer who, in the sole opinion of the General Manager or other management representative, appears to be 30 years of age or less, without requiring the proper identification, will be subject to Corrective Action up to and including termination. � Any employee who selis or serves an alcoholic beverage to a customer under the age of 21 will be subject to Corrective Action up to and including termination. � Any employee who is found by management to have knowingly sold an alcoholic beverage to a customer under the age of 21 will be subject to immediate termination. - Any employee who refuses to serve alcohol to a customer based solely on the fact that a customer is pregnant will be subject to Corrective Action up to and including immediate termination. -1- ,�a.n"�""i�� , Operating Standards Responsible Alcohol Service C�ate fssued: i�� ruG7 Re�3�ces:: 1�� . ti>-�.:z � f r.;; i�c>vi�€�s� Y:�:� hi��ml:s�r �;�t) �pc�n�c�r: F=.�.,:� �� .��o .,r�a;�2.�-��' �istri��i�ia��; �-_: �� i<�:��- �'�c��: ' .;' ? � Any employee who is cited for an alcohol service violation or who is determined by AMF to be responsible for an alcohol-related citation or charge related to alcohol being served in a bowling center will be suspended, without pay, pending the outcome of AMF's investigation and any related legal proceedings. If the employee is absolved of responsibility or if the charges or citation is dismissed, the employee may be reinstated with back pay. Any other outcome may result in Corrective Action up to and including termination. � Neither AMF nor the bowling center will be responsible for any expenses incurred by an employee in defending alcoholic beverage violations. This includes, but is not limited to, fines, penalties, attorney's fees, and loss of income for the employee. Withholding or Stopping Service to Potentially Intoxicated Customers � All servers and sellers of alcoholic beverages are expected to observe and abide by the Behavior Cues and Absorption Rate Factors taught by the TIPS program. — The Behavior Cues are defined by the TIPS program as `the change in people's behavior after a few drinks. Usually, the more alcohol in the bloodstream, the more obvious the cues.' These cues are shown in lowered inhibitions, poorjudgment, slowed reactions, and a loss of coordination. � The Absorption Rate Factors are defined by TIPS as `factors that help to gauge how rapidly a person's Blood Alcohol Content (BAC) is rising, giving you an idea of how alcohol is affecting someone'. These factors include observation of the customer's size, gender, mood, rate of consumption, as well as the strength of the drink and whether or not the person is (or has) consumed food or we determine that the customer is taking any kind of inedication or drugs. � When a customer displays any behavioral changes and/or signs of intoxication, the involved employee, with the assistance of management must make a decision about continuing alcohol service to the customer. Signs of intoxication include but are not limited to the following: ✓ Lowered inhibitions such as becoming more talkative and overly friendly, or showing a loss of seif-control or mood swings. ✓ Inappropriate behavior such as using foui language, telling off-color jokes, annoying others, or increasing the rate of drinking. ✓ Slowed reactions such as glassy unfocused eyes, moving more slowly, forgetting or losing the train of thought, slurring speech, and lighting more than one cigarette. ✓ Loss of coordination such as stumbling, swaying, and dropping belongings, or having trouble picking up items such as change. � Employees must be aware that some people have developed tolerance or the ability to mask these signs of intoxication. This does not mean that they can be served unlimited alcoholic beverages as their Blood Alcohol Content still increases at the same rate as those who show these signs. - It is the responsibility of all servers to monitor the alcohol consumption of customers and to prevent intoxication. Federal and state laws require that employees make `reasonable efforts' to prevent intoxication, prevent alcohol sales to minors, and intervene if a guest becomes intoxicated. Intervention includes but is not limited to: ✓ Slowing down or stopping service ✓ Offering food ✓ Serving non-alcoholic beverages — offered `on the house' and accounted for properly ✓ Checking ID's ✓ Finding alternative transportation for someone who may be intoxicated ✓ Calling the police to prevent problems including preventing an intoxicated person from driving -2- � 0 .c+.n�""i�� ::� Operating Standards Responsible Alcohoi Service [3a�� iss�►�cf .;...��z�_:��r` Re�4aces:_ �� :`�'� _: �,.��:? R��i�io�� ;�.� hturr�Fs�r , i,�C� �'�C}I'15:?1': 1- l' i'k �:>-aV =t;3 t-i� (.�iS�["I��If�it]I1: `lt -_.i�:€>" �"�tC�G'S: „t :t - If/when the determination is made to stop service of alcohoi to a customer, the person in charge must be consulted. This is a management decision based on the facts and observations of the serving employee. In addition, the following precautions must be taken: ✓ Management and all employees must abide by the decision to stop alcohol service to the involved person(s). ✓ All customer service employees in the bowling center must be alerted that service to this person has been stopped. ✓ Reasonable efforts should be made to offer transportation to the customer. Every effort should be made to prevent an intoxicated person from operating an automobile or leaving the premises under their own power. When an intoxicated person does not respond to intervention, management must call the police. Under no circumstances should an intoxicated person be allowed to leave company premises without a sober escort. � Reasonable efforts must be documented. ✓ Who — Name(s) of customer(s) involved in the incident. If a name is not available, a general description will suffice. ✓ What — What transpired and what actions were taken to prevent or control the situation. ✓ Where — Location of the incident, i.e. behind lane 39, in the bar, in the side parking lot, etc. ✓ When — Exact day, date, and time of the incident. ✓ Why — The trigger of the incident. ✓ Witness Statements. � Management must comply with alcohol inspectors and agencies. ✓ Proper identification from persons identifying themselves as inspectors must be received prior to the inspector completing an inspection or center visit. III. ADDITIONAL RESOURCES: � Training for Intervention ProcedureSO Training Materials � Operating Standard 1300 Corrective Action - Operafing Sfandard 3250 T1PS0 Training -3- � AGENDA ITEM CITY COUNCIL MEETING OF APRIL 9, 2007 CffY OF FRIDLEI' INFORMAL STATUS REPORTS