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HomeMy WebLinkAboutCity Council Ordinance 2009-16CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2009-16 AN ORDINANCE AMENDING CHAPTERS 10, 11, AND 12 OF THE PLYMOUTH CITY CODE CONCERNING LIQUOR AND TOBACCO LICENSING FEES AND PROVISIONS THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: SECTION 1. Section 1010 of the Plymouth City Code is hereby amended as follows: 1010.01. Fees. Subdivision 1. Fees Set. The fees for the various licenses required by this Code are set forth in this subsection under the headings listed for subdivisions 2 through 8. Tyne of License Subd. 2. Amusements and Entertainments Section Requiring License Fee Schedule Amusements 1100 $150 Bingo 1105 $250 Investigation fee $5 each occasion (Ord. 98-39, 11/18/98; Ord. 2000-36, 12/19/2000) Subd. 3. (Repealed, Ord. No. 80-06, Sec. 1) Subd. 4. Health and Sanitation Garbage and Refuse Haulers 600 $125 1 st vehicle plus $25 each additional vehicle Scavengers 615 $50 (Ord. 98-39, 11/18/98; Ord. 2005-35, 11/29/2005; Ord. 2007-23, 10/09/2007) Subd. 5. Liquor (a) Liquor 1200 On -Sale $8,240 Off -Sale $380 Club $300 Wine $2,000 Liquor - Sunday $200 Investigation Fee if conducted within the State of Minnesota $500 if required outside the State of Minnesota, the charge shall be the actual costs not to exceed $10,000 Operating Manager when done alone $50 (Ord. 98-2, 1/07/98; Ord. 98-39,11118198; Ord. 2007-23, 10/09/2007) (b) Consumption and Display 1206 Regular $300 Non-profit $150 (c) Beer: 1210 On -Sale $500 Off -Sale $100 Temporary $50 5,0,o' diseeun4 en the 1' a! fee. These-eeAified by the Peliee Depaftmef4 as a Gold Star- Best Praefiees Estabfishmen4 shall feeeive a 0 diseeun4 en their- heense r-enewal fee. (04. 2000 29; 9499Z20007 Ord 2001 08-, 2474 01, 6429953;1942093) Subd. 6. Motor Vehicles Gasoline Service Stations 1115 $130 Motor Bike Rentals 1120 $150 Taxicabs 1145 (a) Each Cab $60 (b) Each Operator $25 (c) Transfer of Cab License $15 (Ord. 94-20, 11/07/94; Ord. 98-39, 11/18/98; Ord. 2007-23, 10/09/2007) Subd. 7. Miscellaneous. Dogs and Cats (good for length of rabies vaccination) (a) Male or Female 915 (b) Spayed or neutered (c) Replacement of License (d) License transfer fee (e) Specially trained and certified working animals or foster animals (f) Kennel License (g) Multiple Animal License (h) Late License Penalty (i) Impound fees Administrative Fines: 1" offense 2nd offense 3`d offense 4`" offense and each additional $3 $3 $1 $1 Free $75 with no prorating of license fee $50 for first applications with inspection $15 for general renewals with no inspection $12 added to license fee Administrative Fine plus actual boarding costs $33 (plus boarding) $66 (plus boarding) $99 (plus boarding) $150 (plus boarding) Cats licensed as of December 31, 1998, will not be subject to escalating administrative fines and would only pay the $33 plus boarding as if a first offense. (Ord. 98-24, 7/22/98; Ord. 2003-21, 07/22/2003; Ord. 2005-03, 2/08/2005; Ord. 2007-23, 10/09/2007) Peddlers 1140 $50 Trap Shooting Range 930 $110 Tobacco and Related Products 1150 $225 Fireworks, Selling Fireworks Only 1110 $299 350 Fireworks. Other Vendors 1110 $100 (Ord. 2002-20, 5/28/2002; Ord. 2003-21, 7/22/2003; Ord. 2005-35, 11/29/2005) of renewal as a Best Pr-aefiees Establishment shall r-eeeive a 5 pereent diseeufA on the heense fee. These eet4ified by the Pehee DepaAmei4 as a geld StEff Best Pr-aefiees EstablisIffneat shall reeeive� 10per-eentdise6enton their-heenser-enew- l fee. (nu a 200j �n Qin �i�nn 11 Sign Contractor Zoning Code $75 (Appendix I) Transient Merchant 1140 $35 per event Motorized Golf Cart Operator 1305 $25 (Ord. 94-24, 12/05/94; Ord. 95-52, 12/05/95; Ord. 98-39, 11/18/98; Ord. 2003-21, 07/22/2003; Ord. 2005-35, 11/29/2005) SECTION 2. Section 1150 of the Plymouth City Code is hereby amended as follows: 1150.01. License Required. No person shall directly, by coin machine, or otherwise, keep for retail sale, sell at retail, or otherwise dispose of, any cigarette, cigarette wrapper, tobacco, or Tobacco Products at any place in the City unless they have obtained a license therefor as provided herein. 1150.03. Application for License; Granting of License by Council; Issuance of License by Clerk. Application for such license shall be made to the City Clerk and shall state the full name and address of the applicant, the location of the building to be occupied by the applicant in the conduct of the business, the kind of business to be conducted, and such other information as the City Clerk may require. The license shall be granted by the City Council and issued by the City Clerk upon payment of the required fee. 1150.05. License Fee; Term; Date. The fee for a license is set by Chapter X. The license expires on December 31st. (Ord. 96-4, 02/21/96) 1150.07. Prohibited Acts. (a) No person shall sell, give away, or otherwise furnish any cigarette, cigarette paper, tobacco, or Tobacco Products to any person under the age of eighteen years. (b) No person shall keep for sale, sell, or dispose of any cigarette or other Tobacco Product containing opium, morphine, jimson weed, bella donna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug, except nicotine. (c) No person shall sell or dispense any Tobacco Product through the use of a vending machine, unless the vending machine is in a nonpublic area with no minor access as verified by a premises survey conducted by the Police Department. (Ord. 97-15; Ord. 2001-08, 02/27/2001) (d) No person shall offer for sale any Tobacco Product by means of Self -Service Merchandising, unless the display is in a nonpublic area with no minor access as verified by a premises survey conducted by the Police Department. (Ord. 97-15; Ord. 2001-08, 02/27/2001) (e) Every licensee shall be responsible for the conduct of its employees while on the licensed premises and any sale or other disposition of tobacco products by an employee to a person under 18 years of age shall be considered an act of the licensee for purposes of imposing an administrative fine, license suspension, or revocation. (Ord. 96-4, 02/21/96) 1150.09. Display of License on Premises. Every such license shall be openly displayed in the place of business to which it has been issued. 1150.10. Violations. (a) Misdemeanors. Any person who violates this ordinance shall be guilty of a Misdemeanor unless the violation has a specific penalty designated by state law. (Ord. 97-15, 07/23/97) (b) Administrative Civil Penalties; Individuals. An individual who sells Tobacco to a person under the age of 18 years shall be subject to an administrative penalty of $50. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before the Chief of Police or his/her designee. A decision that a violation has occurred must be in writing. (Ord. 2001-29, 08/14/2001) (c) Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, the licensee shall be subject to an administrative penalty as follows: Offense Minimum (State) Presumptive Penalty Maximum (City/State) WIN Cit I't Violation $75 and/or 0 days sus $500 fine and 5 -day susp $2,000 and/or 60 -days sus 2 Id Violation $200 and/or 0 days $750 fine and 15 -day $2,000 and/or 60 -days susp (within 24 susp susp mos) 3 Id Violation $250 and/or 7 days $1,000 fine and 25 -day $2,000 and/or 60 days susp (within 24 susp susp mos) 4 th Violation None listed Revocation Revocation (within 24 mos) • - �. - WIN M1 N. � . _ • - �. - WIN (d) Defense. It is a defense to the charge of selling tobacco to a person under the age of 18 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). (e) Exemption. A person, no younger than 15 and no older than 17, may be enlisted to assist in the tests of compliance, provided that written consent from the person's parent or guardian has been obtained and that 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 an in-house program that has been pre -approved by the Police Department. A person who purchases or attempts to purchase tobacco -related products while in this capacity is exempt from the penalties imposed by subdivisions a and b above. (Ord. 2001-08, 02/27/2001) (f) Revocation. The City Council has the authority to revoke any license as noted in Section 1005.21. (g) . Penalty for minors. Although it will remain a Petty Misdemeanor for a minor to use or possess tobacco, the City, after consulting with interested educators and/or parents, may use an alternative penalty system (diversion program). (Ord. 97-15, 07/23/97) (Ord. 96-4, 02/21 /96) SECTION 3. Section 1206 of the Plymouth City Code is hereby amended as follows: 1206.22. Presumptive Civil Penalties. A. Purpose. The purpose of this Section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this Chapter. 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 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 this violation grid broken down by type of license. • Sale of alcoholic beverages to under -age persons. • Sale of alcoholic beverages to obviously intoxicated person. • After hours sale/display/consumption of alcoholic beverage. • Illegal gambling on premises. • Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages (on -sale allowing off -sale). Type of License 1 st Violation 2" Violation 3rd Violation 4th Violation On -sale $500 and $1,000 and $2,000 and Revocation intoxicating 5 days 10 days 15 days Liquor suspension suspension suspension Off -sale $500 and $1,000 and $2,000 and Revocation intoxicating liquor 3 days 7 days 12 days suspension suspension suspension On -sale beer and $500 and $1,000 and $2,000 and Revocation wine 5 days 10 days 15 days suspension suspension suspension Off -sale 3.2 malt $1,000 and $1,500 and $2,000 and Revocation 10 days 20 days 40 days suspension suspension suspension • ��MONOWATATA Any violation not listed in the previous information would be heard by the Council and they would review all information and circumstances and determine a penalty with the maximum fine of $2,000 and/or 60 -day suspension or determine the license should be revoked. First violations would be handled by an administrative hearing with the Police Chief or his/her designee with the presumptive penalty given to license holders. For- Bost Pref ee establish "'e~+s- first and seeend vielations would be handled by an administfative hearing with the Peliee Chie mer designee License holders have the right to request a hearing before the City Council if not in agreement with the presumptive penalty. The Police Chief also has the right to request a hearing before the Council if he/she believes there exists substantial reason making it appropriate to deviate from the presumptive penalty. If the Police Chief and licensee agree on the presumptive penalty, these will be reported to the City Council in a staff report. (Ord. 99-11, 05/04/99; Ord. 2000-29, 8/08/2000; Ord. 2001-08, 02/27/2001) 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. 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. (Ord. 2000-29, 8/08/2000) 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, 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. (Ord. 98-2, 01/07/98) ADOPTED by the City Council of the City of Plymouth, Minnesota this 13th day of October, 2009. Kelli Slavik, Mayor CITY OF PLYMOUTH RESOLUTION No. 2009-244 A RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE 2009- RELATING TO LIQUOR AND TOBACCO LICENSING FEES AND PROVISIONS WHEREAS, Ordinance No. 2009-16 amended Sections 1010, 1150, and 1206 of the City Code relating to liquor and tobacco licensing fees and provisions; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that summary publication of Ordiance No. 2009-16 adopted by the City Council on October 13, 2009 is hereby approved. BE IT FURTHER RESOLVED that a printed copy of the full text of the ordinance is available for public inspection in the office of the City Clerk. Adopted by the City Council on October 13, 2009.