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Ordinance No. 1110 11-10-1997 ORDINANCE NO. 1110 OFFICIAL TITLE AND SUMMARY I. TITLE An ordinance recodifying the Fridley City Code, Chapter 602, entitled "Beer Licensing, " by deleting the word "non-intoxicating" and replacing it with "3.2 percent", and amending Sections 602.05. 01.C. and 602 .13.01. II. SUMMARY The City Council of the City of Fridley does hereby ordain as follows: The proposed ordinance removes language which the 1996 Minnesota Legislature deemed inappropriate. The term "non-intoxicating" is replaced with "3.2 percent" to define a specific type of liquor. The proposed ordinance changes the method for granting a public hearing by enabling the City Clerk to designate and publish the public hearing date. The proposed ordinance also updates language relating to liability insurance, Section 602 .13.01. III. NOTICE This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's ordinance requirements for beer licensing. 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 10TH DAY OF NOVEMBER, 1997. �i� 1.L�j,..i -I„ItL b ' CY A .A0' + N%2 - MAYOR ATTEST: A II ,Jt■ A4itl ii WILLIAM A. CHAMPA - CITY C ERK Publication: November 20, 1997 III ORDINANCE NO. 1110 AN ORDINANCE AMENDING CHAPTER 602, "BEER LICENSING" , OF THE FRIDLEY CITY CODE, TO DELETE THE WORD "NON-INTOXICATING" AND REPLACE IT WITH "3.2 PERCENT" AND TO AMEND SECTIONS 602.05.01.0 AND 602.13.01 602.01. DEFINITIONS The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms, wherever they occur in this Chapter, are defined as follows: 1. Beer or 3.2 Percent Malt Liquor. Any malt liquor with an alcoholic content of more than one-half of one percent ( .5%) by volume and not more than 3.2 percent (3.2%) by weight. 2. Entertainment. Includes, but is not limited to, music; singing; plays; dancing, either by the public or performers; motion pictures; exposition; performances; male or female reviews; fashion shows; TV, other than regular public channels; concerts; or any other deliberate act intended to amuse or entertain patrons and/or employees. 3. Sale, Sell, or Sold. All barters and all manners or means of furnishing beer or 3.2 percent malt liquor including such furnishing in violation or evasion of law. 4 . Tavern. An establishment for the sale of beer, cigars, cigarettes and all forms of tobacco, beverages, and soft drinks sold at retail for consumption on the premises. 602 . 02. LICENSES REQUIRED 1. Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by sale or keep or offer for sale, any beer within the City without first having received a license as hereinafter provided. Licenses shall be of three kinds: (1) Regular "on-sale"; (2) Temporary "on-sale"; and (3) "Off-sale". 2. Regular "On-sale". Regular "on-sale" licenses shall be granted only to bona fide clubs, , taverns, exclusive "on-sale" liquor stores, restaurants, and hotels where food is prepared and served for consumption on the premises. "On-sale" licenses shall permit the sale of beer for consumption on the premises only. Page 2 -- Ordinance No. 1110 3. Temporary "On-sale". Temporary "on-sale" licenses shall be granted only to bona fide clubs and charitable, religious, and nonprofit organizations for the sale of beer for consumption on the premises only. Said temporary licenses shall be granted upon written application to the City Council upon forms provided by the City. The provisions of Chapter 602 of the Fridley City Code, as applicable, shall be observed by said nonprofit organizations. 4 . "Off-sale". "Off-sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. 5. Exemption. The serving or disposing of "free" beer without consideration of purchase of tickets, coupons, goods, services or any means of payment is allowed without a license. Notwithstanding the license requirements, persons who serve or otherwise dispose of "free" beer must comply with all laws pertaining to the serving or disposing of beer. If in the opinion of the Public Safety Director or such Director's designee, the serving of "free" beer is creating a public safety danger or infringement of peace and tranquility or violation of laws, persons serving or disposing of "free" beer shall cease serving or disposing of "free" beer upon order of a law enforcement officer. Persons who continue to serve or dispose of "free" beer after being ordered to cease shall be guilty of a misdemeanor. (Ref. 743) 602 . 03. LICENSE APPLICATIONS Every application for a license to sell beer shall be made to the City Clerk on a form supplied by the City and containing such information as the Clerk or the City Council may require. It shall be unlawful to make any false statement in an application. 602.04 . LICENSE FEES 1. Payment Required. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the General Fund of the City. Upon rejection of any application for a license, the Treasurer shall refund the amount paid. 2. Expiration; Pro Rata Fees. Every license except a temporary license shall expire on the last day of April of each year. Each license except a temporary license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month. A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the license. 3. Fees. Every "on-sale" license shall include an "off-sale" license. Each "on-sale" license fee shall include an "off-sale" license at no additional expense. The annual and temporary license fees and initial investigation fee shall be as provided in Chapter 11 of this Code. Page 3 -- Ordinance No. 1110 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. Page 4 -- Ordinance No. 1110 G. Where a license is granted to premises where the building is under construction or otherwise not ready for occupancy, the City Clerk shall not issue the license until notification by the Building Inspection Department that a Certificate of Occupancy has been issued and the building is ready for occupancy. 2 . Renewal Licenses A. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license and shall be made in such abbreviated form as the City Council may approve. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for their failure to file for a renewal within the time provided, the City Council may, if the other provisions of this Chapter are complied with, grant the application. A review shall be made of all facts set out in the application. The City Council shall grant or refuse the application in its discretion. B. Each license holder shall be given written notice, by mail, at least ten (10) days but not more than thirty (30) days before the City Council acts upon their license renewal. This notice shall be in a form as designated by the City Clerk and shall specify the date and time when the renewal application will be considered by the City Council. The license holder shall be permitted an opportunity to address the City Council on its license renewal application. (Ref. 806) 602 .06. PERSONS INELIGIBLE FOR LICENSES No license shall be granted to or held by any person who: 1. Is under twenty-one (21) years of age; (Ref. 909) 2 . Has, within five (5) years prior to the application for such license, been convicted of a felony, or of violating any law of this State or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquors or beer, and cannot show competent evidence under Minnesota Statutes, Section 364.03, of sufficient rehabilitation and present fitness to perform the duties of a beer licensee; 3. Is a manufacturer of beer or is interested in the control of any place where beer is manufactured; 4. Is not of good moral character and repute. If the applicant has been an owner, manager, or employee of a saloon, hotel, restaurant, cafe, tavern, or other business of a similar nature, the City Council may consider the applicant's past performance record in determining whether a license shall be granted or renewed; 5. Is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place, unless there has also been issued to him or her a local license to sell intoxicating liquor at such place; or 6. Is not the proprietor of the establishment for which the license is issued. (Ref. 14) Page 5 -- Ordinance No. 1110 602 .07 . PLACES INELIGIBLE FOR LICENSE 1. Distance from Schools and Churches. Except for those organizations who have been issued temporary licenses to sell 3.2 percent malt liquor pursuant to Section 602.02.3, no license shall be granted for any place within 300 feet of any public or parochial school or within 300 feet of any church. In applying this restriction, the distance shall be measured in a straight line from the school or church building to the main public entrance of the premises described in the application. (Ref. 294) 2. Unpaid Financial Claims. No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the City are delinquent and unpaid. 602 . 08. CONDITIONS OF LICENSE 1. General Conditions. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this Chapter and of any other applicable ordinance of the City or State law. 2. Sales to Minors or Intoxicated Persons. No beer shall be sold or served to any intoxicated person or to any person under twenty-one (21) years of age. (Ref. 47, 909) 3. Consumption by Minors. No person under the age of twenty-one (21) years shall be permitted to consume beer on the licensed premises. (Ref. 909) 4. Employment Of Minors. No person under eighteen (18) years of age shall be employed on the premises of a tavern, except that persons under eighteen (18) years of age may be employed as musicians, bus-boys and kitchen help. (Ref. 675) 5. Gambling No gambling or any gambling device shall be permitted on any licensed premises. Prohibited gambling shall include private social bets not part of or incidental to organized, commercialized, or systematic gambling. Gambling device shall include slot machines, roulette wheels, punchboards, dice, playing cards, video game of chance and pin-ball machines which return coins or slugs, chips, or tokens of any kind which are redeemable in merchandise, cash or other item of value. Gambling is prohibited whether or not licensed by the State. (Ref. 958) 6. Interest of Manufacturers or Wholesalers. No manufacturer or wholesaler of beer shall have any ownership or interest in an establishment licensed to sell at retail contrary to Page 6 -- Ordinance No. 1110 the provisions of Minnesota Statutes. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. 7 . Liquor Dealer's Stamp. No licensee shall sell beer while holding or exhibiting in the licensed premises a federal retail liquor dealer's special tax stamp unless he or she is licensed under the laws of Minnesota to sell intoxicating liquors. 8. Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor and who does not hold a "public drinking place license" shall sell or permit the consumption and display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale. 9. Inspection. Any police officer or health inspector may enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors and other evidence of violations found on the licensed premises in violation of this Chapter. 10. Licensee Responsibility. Licensees shall be responsible for the conduct of their place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this Chapter equally with the employee. 602.09. HOURS 1. Closing Hours. No sale of beer or 3.2 percent malt liquor may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday. No sale may be made on Christmas Day, December 25; or after 8:00 p.m. on Christmas Eve, December 24. (Ref. 501, 550, 602, 647, 783, 932, 982) 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 percent malt liquor, or any intoxicating liquor by any persons, including licensees or their employees, after 1:30\a.m. Page 7 -- Ordinance No. 1110 602.10. CLUBS No club shall sell beer except to members and to guests in the company of members. 602 .11. RESTRICTIONS ON PURCHASE AND CONSUMPTION 1. Age Misrepresentation. Persons under twenty-one (21) years of age shall not misrepresent their age for the purpose of obtaining beer. (Ref. 909) 2. Inducing Purchase. No person shall induce a person under the age of twenty-one (21) years to purchase or procure beer. (Ref. 909) 3. Procurement. No person other than the parent or legal guardian shall procure beer for any person under the age of twenty-one (21) years. (Ref. 909) 4 . Possession. Persons under twenty-one (21) years of age shall not have beer in their possession with the intent to consume it at a place other than the household of their parents or guardians. (Ref. 909) 5. Liquor Consumption and Display. No person shall consume or display any intoxicating liquor on the premises of a licensee unless said licensee is also licensed to sell intoxicating liquors or holds a "public drinking place license". 602 . 12 . ENTERTAINMENT LICENSE REQUIRED No person operating an establishment in the business of selling, permitting to be displayed or consumed an intoxicating liquor or 3.2 percent malt liquor shall permit any entertainment on the premises without having secured a license from the City Council to permit such entertainment. 602. 13. LIABILITY INSURANCE 1. Every person licensed to sell at retail intoxicating liquor or 3.2 percent malt liquor at on-sale or off-sale or on-sale wine shall demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes, Section 340A. 409 to the City Clerk as a condition of the issuance or renewal of his or her license. Proof of financial responsibility may be given by filing: 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 Page 8 -- Ordinance No. 1110 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 means of support of any one person in any one occurrence, and, subject to the limit for one person, $100, 000 for loss of means of support of two or more persons in one occurrence; or B. A bond of a surety company with minimum coverages as provided in clause (A) above, or C. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100, 000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100, 000. 2. A liability insurance policy required by Section 602.13.1 shall provide that it may not be canceled for any cause, either by the insured or the insurance company without first giving ten (10) days notice to the City of Fridley in writing of the intention to cancel it, addressed to the City Clerk of the City of Fridley. 3. A liability insurance policy required by Section 602.13.1 shall provide that the insurance company agrees to contact the City of Fridley in writing and addressed to the City Clerk of the City of Fridley, within ten (10) days of any claim made against the policy. 4. A liability insurance policy required by Section 602.13.1 that contains annual aggregate limits of liability shall require the insured to buy additional coverage after any claim is made that reduces the coverage under the policy below the requirements of Section 602.13. 1. 5. The operation of a retail intoxicating or 3.2 percent malt liquor business at on-sale or off-sale or on-sale wine, without having on file at all times with the City of Fridley the liability insurance policy or other evidence of financial responsibility required under Section 602. 13. 1 shall be grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation and unless evidence of compliance with the financial responsibility requirements of Section 602 .13.1 is presented to the City Clerk before the termination is effective, the license will be revoked instantly upon the lapse. 6. The City Clerk shall submit the provided proof of financial responsibility to the Commissioner of Public Safety. 602.14 . REVOCATION The violation of any provision or condition of this Chapter by beer licensees or their agents is ground for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. In all other cases, except where mandatory revocation is provided by law without notice and hearing and except Page 9 -- Ordinance No. 1110 where suspension may be made without a hearing, the holder of the license shall be granted a hearing upon at least ten (10) days notice before revocation or suspension is ordered. The notice shall state the time and place of hearing and the nature of the charges against the licensee. 602.15 . PENALTIES Any violation of the provisions of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10TH DAY OF NOVEMBER, 1997 . • J. ,411g-NS/p.1 / MAYOR ATTEST: :ttiog, a, WILLIAM A. CHAMPA - ITY CLERK First Reading: October 17, 1997 Second Reading: November 10, 1997 Publish: November 20, 1997