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HomeMy WebLinkAboutCity Council Ordinance 1987-01CITY OF PLYMOUTH ORDINANCE NO. 87-01 AN ORDINANCE RELATING TO THE SALE, CONSUMPTION AND DISPLAY OF ALCOHOLIC BEVERAGES: ADDING NEW SECTIONS TO THE PLYMOUTH CITY CODE; REPEA',ING PLYMOUTH CITY CODE SECTION 1200, 1205 AND 1210 The City Council of the City of Plymouth Ordains: Section I. Plymouth City Code Chapter XII, is amended by adding the following sections: CHAPTER XII SALE, CONSUMPTION AND DISPLAY OF ALCOHOLIC BEVERAGES Section 1201 - General; Definitions 1201.01. Provisions of State Law Adopted. Except as modified in this Chapter, the provisions of Minnesota Statutes, Chapter 340A as amended, relating to the definition of terms, licensing, consumption, sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of alcoholic beverages are adopted by reference and made a part of this Chapter as if set out in full. 1201.03. Definitions. Subdivision 1. For the purposes of this Chapter, and in addition to those definitions contained in Minnesota Statutes, Chapter 340A as amended, the terms defined in this subsection have the meaning given them. Subd. 2 Underage Person. An "underage person" means a person who is under 21 years of age, but a person who was born on or 1 7 before September 1, 1967, may purchase and consume alcoholic beverages and shall be treated for the purposes of this Chapter as a person who is 21 years old. Subd. 3 Properly Designated Officer. The term "properly designated officer of the city" means and includes W the Plymouth City Fire Inspector, (ii) Plymouth City Building Inspec- tor and (iii) Health Inspectors employed by Hennepin County or the State of Minnesota acting in the course and scope of their employment. Subd. 4 Display. The term "display" means the keeping, stor- ing, or permitting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken, on, in or at any table, booth, bar or other area of a licensed premises accessible to the general public. Subd. 5. Beer. The term "beer" means "non -intoxicating malt liquor." Section 1206 - Retain Licenses 1206.01. Licenses Required. No person, except a wholesaler and manufacturer to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale as part of a commercial transaction, Alcoholic beverages within the City without first having received a license as provided in 2 ■ this Chapter. Licenses are the following kinds: (i) on -sale intoxicating liquor, (ii) on -sale non -intoxicating liquor, (iii) on -sale wine, (iv) off -sale intoxicating liquor, (v) off -sale non -intoxicating liquor, and (vi) club licenses. Holders of an intoxicating liquor license may make sales of non -intoxicating malt liquors under the same terms as allowed under the intoxicat- ing liquor license. 1206.03. Transfers. A license may be issued to the applicant only and may not be transferred to another person. A license is issued only for the premises described in the application. A license may not be transferred to another place without the approval of the City Council. 1206.05 on -Sale Licenses. 'On -sale' intoxicating liquor licenses are issued to hotels, clubs, restaurant&, and exclusive liquor stores and permit 'on -sale' of liquor only. 1206.07. Temporary Licenses. The City Council may issue tempo- rary on -sale licenses for the sale of non -intoxicating malt liquor in conjunction with a social event to a club, charitable, religious or other non-profit organization which has been in existence for a least three years. This type of license is valid for a maximum of three consecutive days. The fee for a temporary license is set by Chapter X. The license shall specify whether it is valid for use on or off the premises the licensee owns or permanently occupies. A temporary license shall be issued for a 3 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. 1206.09. On -Sale Wine Licenses. "On -sale' wine licenses are;;be issued to restaurants meeting the qualifications of Minnesota Statutes, 340A.4040, Subdivision 5 and permit the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only in conjunction with the sale of food. 1206.11. Off -Sale Licenses. "Off -sale" intoxicating licenses are issued to exclusive liquor stores and permit only "off -sales' of alcoholic beverages. 'Off -sale' non -intoxicating liquor licenses are issued to general food stores and drug stores and permit only sales of non -intoxicating malt liquor. 1206.13. Combination Licenses. A combination 'on -sale' and "off -sale" license is issued only to an exclusive liquor store. 1206.15. Club Licenses. Club licenses are issued to incorporat- ed clubs which have been in existence for 15 years or more or to congressionally chartered veterans' organizations which have been in existence for ten years. 1206.17. Special License for Sunday Sales. A special license authorizing sales on Sunday in conjunction with the serving of food may be issued to a restaurant which has facilities for 4 serving at least 25 guests at one time and which has an on -sale license. The fee for a special Sunday sale license is set by Chapter X. 1206.19. Application for License. Subdivision. 1. Form. The application for a license shall state: (i) the name of the applicant, (ii) age of applicant, (iii) representations as to applicant's character, with such references as the Council may require, (iv) citizenship, (v) the type of license applied for, (vi) the business in connection with which the proposed license will operate and its location, (vii) whether the applicant is owner and operator of the business, (viii) how long applicant has been in that business at that place, and (ix) such other informa- tion as the Council may require from time to time. The applica- tion shall be in the form prescribed by the Commissioner and shall be filed with the City Clerk. No person shall make a false statement in an application. Subd. 2. Bond. The application for a license shall be accompa- nied by a surety bond or, in lieu thereof, cash or United States Government bonds of equivalent market value as provided in Minnesota Statutes, Section 340A.412, Subd. 1. The surety bond or other security shall be in the sum of $4,000 for an applicant for an "on -sale' license, $3,000 for an applicant for 'on -sale" wine license, and $2,000 for an applicant for an "off -sale' license. 5 Subd. 3. Liability Insurance. Prior to the issuance of a liquor license, the applicant shall file with the City Clerk a liability insurance policy in the amount of $200,000 coverage for one person and $600,000 coverage for more than one person, and shall comply with the provisions of Minnesota, Section 340A.409, Subd. 1 relating to liability insurance policies. If a liability insurance policy is made subject to all the conditions of a bond under that section, the policy may be accepted by the City Council in lieu of the bond required under Subdivision 3 of this subsection. Subd. 4. Approval of Security. The security offered under Subdivisions 2 and 3 shall be approved by the City Council and in the case of applicants for "on -sale" wine licenses and "off -sale" licenses, by the Commissioner. Surety bonds and liability insurance policies shall be approved as to form by the City Attorney. Operation of a licensed business without having on file with the City at all times effective security as required by this subsection is grounds for revocation of the license. 1206.21. Alternate Security; Conditions. If United States Government Bonds or a cash deposit (herein called the "alternate security") is submitted in lieu of the bond required by Subsec- tion 1206.19, the alternate security shall be accompanied by a written assignment, in a form satisfactory to the City Attorney, assigning the alternate security to the City, to be held by the Finance Director -Treasurer, and subject to the conditions, 6 forfeitures and pentylties required for a security bond under state law, for the period of the license and for three years after its expiration. 1206.23. Return of Security. At the end of such three year period the alternate security may be returned to the licensee, with Council approval, upon filing by the licensee with the City Clerk an affidavit stating: (a) that no action or proceedings have been commenced in any court for the forfeiture of the alternate security or for damages to any person under the terms i%nd conditions thereof; and (b) that the licensee has no knowledge of any existing claim or cause of action under the terms of the assign- ment of the alternate security. If United States Government bonds are deposited as alternate security under Subsection 1211.15, the licensee may detach any appurtenant coupons at such time as they are due and payable. 1206.25. Fees. Subdivision 1. Amounts. The fee for a license to sell alcoholic beverages is fixed by Chapter X. The fees for intoxicating liquor licenses are payable in two equal installments in advance of February 1 and August 1. The fees for non -intoxicating liquor licenses are due on or before the last day of June in each year. KA Subd. 2. Payment. The application for a license shall be accompanied by a receipt from the City Finance Department for payment of the required license fee. License fees shall be paid into the general fund. If an application for a license is rejected, the Finance Department shall refund the amount paid. 1206.27 Investigation Fee. The application shall be accompa- nied by an investigation fee in an amount equal to the cost of the investigation conducted but not to exceed the maximum amounts specified by law. The Finance Department shall compute the cost of an investigation and shall bill the cost Li:o the applicant, and the application for the license is deemed to be an undertaking by the applicant to pay the investigation fee. The City Council may by resolution establish minimum or standard investigation fees for use under this subdivision, but the adoption of such minimum or standard fees does not relieve the applicant of the obligation to pay the actual cost of the investigation. 1206.29 Term, Pro Rata Fee. A license is issued for a period of one year but if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. Intoxicating liquor licenses and wine licenses expire on the first day of February in each year. Non -intoxicating � iq •~-)s and Flu;, licenses expire on the last day of June in each year. 8 1206.31. Refunds. No part of the fee paid for any license issued under this Chapter shall be refunded except in the follow- ing instances upon application to the Council within 20 days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: (a) destruction or damage of the licensed premises by fire or other catastrophe; (b) the licensee's illness; (c) the licensee's death; or (d) a change in the legal status of the municipality making it unlawful for the licensed business to continue. 1206.33. Additional Bottle Club Permit Fee. There is imposed upon the holder of a bottle club permit issued pursuant to Minnesota Statutes Section 340A.414, including religious and non-profit organizations, the additional fee set by Chapter X. The fee shall be paid to the City Clerk on or before July lot of each year and a receipt given therefor. There shall be no pro rata adjustment of the fee for a portion of a year. The written receipt for the bottle club permit fee shall be posted in a conspicuous place upon the premises together with the permit issued by the Commissioner. 9 1206.35. Granting of Licenses. Subdivision. 1. Investigation and Issuance. The City Council shall investigate the facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and public heaving, the Council may, in its discretion, grant or refuse the application. No license shall become effective until it, together with the security furnished by th,_! applicant, has been approved by the Commissioner. Subd. 2. New Licenses; Hearing Required. The public hearing for the issuance of a license for a new premises or for a different licensee at the same premises shall be preceded by (1) two weeks' published notice and () ten days' posted notice in at least three public places in the vicinity of the premises to be li- censed. 1206.37. Disclosure; Corporate Licensees. It is a condition of every license issued to a corporation that the City Manager be furnished by the licensee with a correct list of all stockholders of the corporation and the number of shares held by each, either individually or beneficially for others. It is the continuing duty of each corporate licensee to promptly notify the City Manager of any change in ownership or beneficial interest of such shares. Changes of ownership or beneficial interest of shares of stock entitled to be voted at any meeting of the stockholders of the corporation which results in change in voting control of the corporation by the person^ owning shares of stock therein shall 10 be deemed equivalent to a transfer of the license issued to the corporation and any such license shall be revoked and terminated 30 days after any such change in ownership or beneficial interest of shares unless the City Manager shall have been notified of such change in writing, and the City Council shall have approved thereof. The City Manager may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify the names of the stockholders and persons voting at meetings of such corporations. The City Council may cancel and terminate any license issued hereunder to a corpora- tion upon determination that any change of ownership of stock in such corporate licensee has resulted in a change of control of such corporation so as to materially affect the integrity and character of its management and its operation of an 'off -sale' or 'on -sale' business, provided that no such action shall be taken until after a hearing by the City Council on 30 days' written notice to the licensee. 1206.39. Persons Ineligible for License. No license shall be granted to or held by person made ineligible for such a license by State law or who has within five years prior to the applica- tion for such license, been convicted of a felony, or has been convicted two or more times of a public offense other than 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 alcoholic beverages and who cannot show competent evidence under Minnesota Statutes Section 364.03 11 of sufficient rehabilitation and present fitness to perform the duties of a licensee. 1206.41 Federal Stamps. No licensee shall r)ossess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. 1206.43. Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which state, city or county taxes, assessments, or other financial claims of the state, city or county are delinquent and unpabd. 1206.45. Distance From School or Church. No on sale or off -sale intoxicating liquor license or club license may be granted within the same block of any school or church or within 500 feet of any school or church. The distances established herein, shall be measured in a line from the parcel or lot upon which the business to be licensed is located to the nearest point of the parcel or lot upon which the school or church*is located. The erection of a school or church within the prohibited area after the original license application has been granted shall not, in and of itself, render such premises ineligible for renewal of the license. Section 1211 - Retail Sales Regulations 12 1211.01. Licensee's Responsibility. A licensee is responsible for the conduct of the licensed place of business and the condi- tions of sobriety and order in it. The act of any employee on the licensed premises authorized to Sell alcoholic beverages there is deemed the act of the licensee, and the licensee shall be liable for all civil penalties provided by this Chapter and the law equally with the employee. 1211.03. Alcoholic Beverages in Unlicensed Places. No person shall mix or prepare alcoholic beverages for consumption in a public place or place of business as part of a commercial trans- action unless it has a license to sell alcoholic beverages "on -sale" or a permit from the Commissioner under Minnesota Statutes, Section 340A.414 and has complied with Subsection 1206.33 of this Chapter. No person shall consume alcoholic beverages in an ui,licensed place. 7211.05. Inspections. A peace officer, health officer, or properly designated officer of the City may enter, inspect and search the premises of the licensee during business hours without a warrant. A peace officer may enter, inspect and search the premises of the licensee at any time while the licensee or employees of the licensee are present on the premises. Refusal to permit such inspection is a violation of this section. 13 1211.07. Display During Prohibited Hours. An "on -sale' estab- lishment may not display alcoholic beverages to the public during hours when the sale of liquor is prohibited. 1211.09. Liquor Consumption and Display. No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors or who does not hold a consumption and display permit under Subsec- tion 1205.33 of this Chapter. 1211.11. Hours of Consumption and Display - On Sale. No person may consume or display or allow consumption or display of alco- holic beverages on any licensed premises, private club, or public place at times when the sale of alcoholic beverages are prohibit- ed by state law. 1211.13 Limitation on Consumption - On Sale. At the times when alcoholic beverages may not be sold, no alcoholic beverages in any quantity may be served, kept, displayed or permitted to be on or in any table, booth, bar or other place in such licensed premises, except the stock stored on the premises in such por- tions thereof as are accessible only to the licensee and his employees. 1211.15. Consumption in Public Places. No person may consume any alcoholic beverages on a public highway, public park, or other public place. 14 1211.17. Prohibited Consumption, Display and Service of Mixes. It is unlawful for the proprietor of a private club or public place of business, other than a holder of an intoxicating liquor license or a permit issued by the Commissioner pursuant to Minnesota Statutes, Subsection 340A.414 and payment of the additional fee prescribed in Subsection 1206.33, to permit the consumption or display of intoxicating alcoholic beverages upon such premises, or in any manner to serve or to permit the serving of liquids for the purpose of mixing with intoxicating liquor. 1211.19. Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor or who does not hold a consumption and display permit under Subsection 1206.33 of this Code shall sell or permit the consumption or display of intoxi- cating liquors on the licensed premises or serve liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be rima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this subsection. 1211.21 Further Restrictions - On Sale. The City Council may by resolution restrict the sale and consumption of alcoholic beverages to tables where food is served to patrons purchasing and consuming alcoholic beverages. The City Council may by resolution prohibit or otherwise limit the sale and consumption of intoxicating liquor at a bar or may prohibit the maintenance of a bar on a licensed premises. 15 1211.23. Age and Sales Restrictions. Subdivision 1. Sales to Underage Persons or Intoxicated Persons. No alcoholic beverage shall be sold or served to an intoxicated person or to aN person under 21 years of age. Subd. 2. Consumption by Underage Persons. No underage person may be permitted to consume an alcoholic beverage on a licensed premises. Subd. 3. Inducing Purchase. No person shall induce an underage person to purchase or procure any alcoholic beverage. Subd. 4. Procurement. No person other than the parent or legal guardian shall procure alcoholic beverages for any underage person. Section 1215 - Micellaneous Provisions 1215.01 Gambling Prohibited. Gambling and gambling devices are not permitted on a licensed premises. 1215.03 Penalties. Subdivision 1. Criminal Penalties. Violation of this Chapter is a misdemeanor. Subd. 2. Civil Penalties. The City Council may either (i) impose a civil fine up to $2,000 or (ii) suspend for a period not to exceed 60 days or revoke any license upon a finding that the 16 licensee has failed to comply with an applicable statute, regula- tion, or ordinance relating to the sale, consumption or display of alcoholic beverages. A license issued pursuant to this Chapter shall be revoked upon conviction of the licensee of a felony. No fine, suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing in accordance with applicable law and this Code. Section II. Plymouth City Code, Sections 1200, 1205 and 1210 are repealed. Section III. This ordinance is effective on February 1, 1987. Licenses granted pursuant to the provisions of those sections repealed by Section 2 shall remain in effect until their expiration. ATTEST f �, Clerk May r 17