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HomeMy WebLinkAboutCity Council Ordinance 2024-10 CITY OF PLYMOUTH ORDINANCE N0. 2024-10 ORDINANCE AMENDING CHAPTER XII OF THE PLYMOUTH CITY CODE CONCERNING ALCOHOLIC BEVERAGES THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: SECTION 1. Section 1201.07 of the Plymouth City Code is amended, with existing text,deleted , and new text as follows: 1201.07. -Types of Liquor Licenses. Subd. 1.The following types of licenses are issued under this Chapter: A. On-Sale Intoxicating Liquor License. On-sale intoxicating liquor licenses shall be issued only to those establishments allowed under Minnesota Statutes, Section 340A.404, Subd. 1. On-sale liquor licenses shall permit the sale of intoxicating liquor consumption on the licensed premises only. B. Off-Sale Intoxicating Liquor License. Off-sale intoxicating liquor licenses may be issued to establishments allowed under Minnesota Statutes, Section 340A.405,Subd. 1. C. Wine Licenses. On-sale wine licenses may be issued for the sale of wine for consumption on the licensed premises only.An on-sale wine license may be issued only to a restaurant.The holder of an on-sale wine license who is also licensed to sell 3.2 percent malt liquors at on- sale is authorized to sell intoxicating malt liquors at on-sale without an additional license. D. On-Sale 3.2 Percent Malt Liquor License. On-sale 3.2 percent malt liquor license may be issued to bona fide clubs, beer stores, restaurants, and hotels where food is prepared and served for consumption on the premises. On-sale 3.2 percent liquor malt liquor licenses shall permit the sale for consumption on the premises only. E. Off-Sale 3. 2 Percent Malt Liquor License. Off-sale 3.2 percent malt liquor licenses shall permit the sale of 3.2 percent malt liquor at retail in the original package for consumption off the premises only. F. On-Sale Sunday Liquor License. On-sale Sunday liquor licenses may be issued to establishments holding an on-sale liquor license hereunder and to brewer taprooms and cocktail rooms. <lalt liquor in growlers may be sold at ott sale on Sunday atter 8:UU a.m. G. Temporary On-Sale Licenses.Temporary on-sale liquor licenses may be issued to organizations and committees per Minnesota Statutes, Section 340A.404, Subd. 10. H. Club Licenses. Club licenses may be issued to clubs per Minnesota Statutes, Section 340A.404, Subd. 1. I. Consumption and Display Permits. Per Minnesota Statutes,Section 340.414, Consumption and Display Permits may be issued to a business establishment or bottle club. J. Theater. Liquor licenses may be issued to theatres per Minnesota Statutes, Section 340A.404, Subd. 1. K. Culinary On-Sale License. A limited on-sale intoxicating liquor license may be issued to a business who qualifies per Minnesota Statutes, Section 340.4041. L. Brewer Taproom License. Brewer taproom licenses shall be issued in accordance with Minnesota Statutes, Section 340A.26. Ordinance 2024-10 Page 2 M. Small Brewer Off-Sale License. Per Minnesota Statutes,Section 340A.28 and Section 340A.29, a license shall be issued for off-sale of malt liquor at a brewer's licensed premises that been produced and packaged by the brewer. N. Sunday Small Brewerer Off-Sale License. Per Minnesota Statutes,Section 340A.28 and Section 340A.29,a Sunday Small Brewer growler off-sale license shall be issued for off-sale of malt liquor at a brewer's licensed premises that has been produced and packaged by the brewer on Sundays. 0. Brew Pub Off-Sale Liquor License. Brew pub off-sale liquor licenses shall be issued in accordance with Minnesota Statutes, Section 340A.24. P. Microdistilleries Off-Sale License. Per Minnesota Statutes, Section 340A.22,Subd. 4, a license shall be issued for off-sale of distilled spirits that is produced and packaged by the distiller. Q. Cocktail Room On-Sale License.Cocktail room licenses shall be issued in accordance with Minnesota Statutes,Section 340A.22,Subd. 2. R. Prohibited Licenses.The City may not issue on-sale licenses for exclusive liquor stores. SECTION 2. Section 1201.43 of the Plymouth City Code is amended,with existing text,deleted text,and new text as follows: 1201.43.—Presumptive Civil Penalties. Subd. 1.Standards. A. Purpose.The purpose of this Section is to establish a standard by which the Council determines the length of license suspensions and the propriety of revocations. Any licensee found to have violated this Chapter, or whose employee has violated this Chapter,will be charged penalized as noted in the violation grid. Such finding of violation shall be made by the Council upon the preponderance of the evidence; no criminal conviction is required to impose a penalty under this section.These penalties are presumed to be appropriate for every case; however,the Council may deviate in an individual case where the Council finds that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the State or City to prevent the sale of alcohol to minors. When deviating from these standards,the Council will provide written findings that support the penalty selected. B. Minimum Penalties for Violations.The minimum penalties for convictions or violations must be presumed as follows(unless specified, numbers below indicate consecutive days' suspension): The following violations require revocation of the license on the first violation: • Commission of an act related to the licensed activity that would constitute a felony related to the licensed activity. • Sale of alcoholic beverages while license is under suspension. • Sale of intoxicating liquor where only license is for 3.2 percent malt liquor. The following violations fall under the violation grid below for all liquor licenses: Ordinance 2024-10 Page 3 • Failed to comply with any applicable statute, regulation or ordinance relating to alcoholic beverages. • Sold alcoholic beverages to another retail licensee for the purpose of resale. • Purchased alcoholic beverages from another retail licensee for the purpose of resale. • Conducted or permitted the conduct of gambling on the licensed premises in violation of the law. 1st Violation 2nd Violation 3rd Violation 4th Violation within 36 months within 36 months within 36 months $500-00$1,000.00 a $1,000.00$1,250.00 $2,000.00 and ten days $2,000.00 and 60 days 5 days stayed and 5 days suspension suspension suspension up to suspension Revocation Any violation not listed in the previous information would be heard by the Council, and the Council would review all information and circumstances and determine a penalty with the maximum fine of $2,000.00 and/or 60-day suspension or determine if the license should be revoked. First violations would be handled by an administrative hearing with the Director of Public Safety with the presumptive penalty given to license holders. License holders have the right to request a hearing before the Council if not in agreement with the presumptive penalty.The Director of Public Safety also has the right to request a hearing before the Council if he/she they believes there exists substantial reason making it appropriate to deviate from the presumptive penalty. If the Director of Public Safety and licensee agree on the presumptive penalty,these will be reported to the Council in a staff report. C. Multiple Violations. At a licensee's first appearance before the Council,the Council must act upon all of the violations that have been alleged in the notice sent to the licensee.The Council in that case must consider the presumptive penalty for each violation under the first appearance column in subsection (B) above.The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. D. Subsequent Violations.Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Manager and licensee agree in writing to add the violation to the first appearance.The same procedure applies to a second,third, or fourth appearance before the Council. E. Subsequent Appearances. Upon a second,third, or fourth appearance before the council by the same licensee, the Council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However,the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Section. Ordinance 2024-10 Page 4 F. Computation of Violations. Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. G. Other Penalties. Nothing in this Section shall restrict or limit the authority of the council to suspend up to 60 days, revoke the license, impose a civil fine not to exceed $2,000.00,to impose conditions, or take any other action in accordance with law; provided,that the license holder has been afforded an opportunity for a hearing in the manner provided in this Chapter. SECTION 3.This ordinance shall become effective immediately upon passage. ADOPTED by the City Council this 9th day of April, 2024. -41110111 Jeffry Wosje, Mayor ATTEST: Jo i Gallup, City Clerk