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