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 (Repealed, Ord.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. �
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•
-
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-
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.