HomeMy WebLinkAboutCity Council Ordinance 2016-07 CITY OF PLYMOUTH
ORDINANCE No. 2016-07
ORDINANCE AMENDING CHAPTER 12 AND
SECTION 1010 OF THE CITY CODE CONCERNING
LIQUOR CLASSIFICATIONS, REGULATIONS, AND FEES
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
SECTION 1. Chapter 12 of the City Code shall be amended as follows:
CHAPTER XII
• ' e • ! ! e - ALCOHOLIC BEVERAGES
. • -! . • -. • . . . • . ! .
1201.01. tate Law Provisions Adopted. Except to the extent the provisions
of this Chapter are more restrictive, the provisions of Minnesota Statutes, Chapter 340A, as
amended, regarding the terms, licensing, consumption, sales, hours of sale, and all other matters
pertaining to the retail sale, distribution, and consumption of intoxicating liquor, malt liquor, and
3.2 percent malt liquor are adopted 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 used in
this Subsection Chapter are defined as follows:
A. Brewer: The term"Brewer"means a person who manufactures malt
liquor for sale.
B. Brew pPub: The term"Brew pPub"means a restaurant that holds an on-
sale intoxicating liquor licensers establishment in which malt liquor is brewed or
manufactured for sale and consumption on tap on the premises where the malt
liquor is brewed or for sale and personal consumption off the brewer's premises.
C. Display: The term "Display" means the keeping, storing, 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, except when the alcoholic
beverage is stored in a normal storage area during non-sale hours.
D. Interest: The term "interest" as used in this Chapter includes any
pecuniary interest in the ownership, operation, management or profits of a liquor
establishment,but does not include: bona fide loans; bona fide fixed sum rental
agreements;bona fide open accounts or other obligations held with or without
security arising out of the ordinary and regular course of business or selling or
leasing merchandise, fixtures or supplies to such establishment; or any interest of
five percent or less in any corporation holding a City liquor license. A person
who receives monies, from time to time, directly or indirectly from a licensee in
the absence of a bona fide consideration therefor and excluding bona fide gifts or
donations, shall be deemed to have a pecuniary interest in such retail license. In
determining "bona fide," the reasonable value of the goods or things received as
consideration for the payment of the licensee and all other facts reasonably
tending to prove or disprove the existence of any purposeful scheme or
arrangement to evade any prohibitions under this Chapter shall be considered.
E. Licensed Premises: The term "Licensed Premises" is the premises
described in the approved license application.defined as the exact rooms and
square footage in a compact and contiguous building or structure situated on the
premises and any outdoor enclosed seating area contiguous to that building or
structure as described in the license application. In the case of a restaurant, club,
or exclusive liquor store licensed for on sales of alcoholic beverages and located
on a golf course, "licensed premises" means the entire golf course except for areas
where motor vehicles are regularly parked or operated.
F. Microdistilleries. The term"Microdistilleries" are businesses who provide
samples of distilled spirits manufactured on their premises.
FG. Operating Manager: The term "Operating Manager" as used in this
Chapter means a person designated by the license holder who works full-time at
the licensed premises and is in charge of day-to-day liquor sales.
€H. Properly Designated Officer: The term "Properly Designated Officer"
means and includes (i)the Plymouth City Fire Inspector; (ii) the Plymouth City
Building Official; and (iii) the Health Inspectors employed by Hennepin County
or the State of Minnesota acting in the course of the scope of their employment.
I. Restaurant: The term "Restaurant"means a business under the control of
a single proprietor or manager having a full service kitchen when, in
consideration of payment, meals are regularly served at tables to the general
public and which employs an adequate staff to provide the usual and suitable
service to its guests.
IIJ. Underage Person: The term "Underage Person" means a person who is
under the legal drinking age as provided by Minnesota Statutes Chapter 340A.
IK. Theater: The term "theater"means a building containing an auditorium in
which live dramatic, musical, dance, or literary performances are regularly
presented to holders of tickets for those performances. (Ord. 2004-01, 1/13/2004)
(Ord. 98-2, 1/07/98; Ord. 2014-13, 1/25/2014)
Section— 206 _ Detail I icenEes
1206.011201.05. Retail Licenses Required. Except as provided in Minnesota Statutes
Chapter 340A,Nno person, - . . • - . . .• - . . _ . . - . . • ! •
shall may directly or indirectly, on any pretense or by any device, sell,barter, keep for sale,
charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial
transaction without having obtained the required license or permit. Holders of an on-sale
intoxicating liquor license are exempt from the requirement that an on-sale 3.2 percent malt
liquor license be obtained.: -. ••, - , - • • - • - • • • • • _ •. • • ,
percent malt liquor, or wine as part of a commercial transaction without first having received a
indirectly, or upon any pretense or by any device, allow the consumption or display of
first obtaining a license from the City as provided in this Chapter.
1205.021201.07. Types of Liquor Licenses. The following types of licenses are issued
under this Chapter:
A. On-Sale Intoxicating Liquor License. On-sale intoxicating liquor licenses
shall be . . . , . , - . . . , . . •
organizations if they have been in existence for at least three years and liquor
sales will only be to members and bona fide guestsissued only to those
establishments allowed under Minnesota Statutes 340A.404, Subd. 1. On-sale
liquor licenses shall permit the sale of intoxicating liquor consumption on the
licensed premises only. On sale intoxicating liquor licenses arc subject to the
following , ndit;ons:
1. Where the licensed premises is a free standing building, the
building(exclusive of land)must have a minimum valuation of$500,000;
2. Where the licensed premises is located in a multi tenant retail
building, the licensed premises
a. May not be an exclusive liquor store; and
b. May not permit live music or dancing.
B. Off-Sale Intoxicating Liquor License. Off-sale intoxicating liquor licenses
may be issued, • - -- . .. . . . - . - --• . ' . . • _. - ., to an
percent malt liquorestabishments allowed under Minnesota Statutes 340A.405,
Subd. 1.
C. Wine Licenses. Wine licenses may be issued, with the approval of the
Commissioner of Public Safety, only to restaurants having facilities for seating at
by volume and for consumption on the licensed premises only in conjunction with
percent malt liquor on sale and whose gross receipts arc at lest 60% attributable
to the sale of food, may also sell intoxicating malt liquors at on sale without an
additional license. 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 only. 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 may be issued to general food stores and drug stores and shall
permit the sale of 3.2 percent malt liquor at retail in the original packages for
consumption off the premises only.
F. On-Sale Sunday Liquor License. On-sale Sunday liquor licenses may be
issued only to a hotel or restaurant, with facilities for serving not less than 30
guests at one time, to which an on sale intoxicating liquor license has been issued.
Such license may permit the sale of liquor to be consumed on the premises
between the hours of 10:00 a.m. on Sunday and 1:00 a.m. on Monday in
conjunction with the serving of food provided that the licensee is in conformance
licensesto establishments holding an on-sale liquor license hereunder and to
brewer taprooms and cocktail rooms. Malt liquor in growlers may be sold at off-
sale on Sunday after 8:00 a.m.
G. _. ... . . . - . _ . - A A ..
licensee may sell intoxicating liquor or 3.2 percent malt liquor on sale between
the hours of 1:00 a.m. and 2:00 a.m. unless the licensee has obtained a permit
from the Commissioner of Public Safety.
14G. Temporary On-Sale Licenses. Temporary on-sale liquor and temporary
on sale 3.2 percent malt liquor licenses may be issued to organizations and
committees per Minnesota Statutes 340A.404, Subd. 10.a club or charitable,
religious, or nonprofit organization. in existence for at least three years as per
Minnesota Statutes 340A.403 and 340A.101, Subd. 10.
1H. Club Licenses. Club licenses may be issued to clubs per Minnesota
Statutes 340A.404, Subd. 1.Club licenses may be issued to clubs as provided in
Minnesota Statute § 340A.401, Subd. 1.
JI. Consumption and Display Permits. Per Minnesota Statutes 340.414, a
Consumption and dDisplay'Permits may be issued to a business establishment or
bottle club - . •- ' . . _ .' --- -- . . _ . . . . . A
and which has obtained a permit from the Commissioner of Public Safety.
KJ. Theater. An on sale intoxi . _ •• .. -- . . - •- • - -
- -• --• - - 9 - !! ! !! Liquor licenses may be issued to
theatres per Minnesota Statutes 340A.404, Subd. 1.,
LK. Culinary Classes On-Sale License. A limited on-sale intoxicating liquor
license may be issued to a business who qualifies per Minnesota Statutes
340.4041.not otherwise eligible for an on sale intoxicating liquor license that as
. . - - . ! .
2011 10, 2/11/2014)
L. Brewer Taproom License. Brewer taproom licenses shall be issued in
accordance with Minnesota Statutes 340A.26.
M. Small Brewer Off-Sale License. Per Minnesota Statutes 340A.28, 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 Growler Off-Sale License. Per Minnesota Statutes 340A.28, a
Sunday 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.
MO. Brew Pub Off-Sale Malt-Liquor License. Brew pub off-sale liquor
licenses shall be issued in accordance with Minnesota Statutes 340A.24. A
brewpub off sale malt liquor license may be issued, with the approval of the
liquor or 3.2 percent malt liquor license issued by the City for a restaurant
licensed premises.
2. Off sale of malt liquor shall be limited to the legal hours of off sale and
the malt liquor sold off sale must be removed from the premises before the
applicable off sale closing time at exclusive liquor stores.
3. The malt liquor sold off sale shall be packaged in 64 ounce containers
commonly known as "growlers" or in 750 milliliter bottles and shall have
the following requirements for packaging:
A. The containers or bottles shall bear a twist type closure, cork,
stopper or plug.
B. At the time of sale, a paper or plastic adhesive band, strip or sleeve
shall be applied to the container or bottle and shall extend over the
top of the twist type closure, cork, stopper or plug forming seal
that must be broken upon opening of the container or bottle.
C. The adhesive band, strip or sleeve shall bear the name and address
of the brewer/licensee selling the malt liquor.
D. The containers or bottles shall be identified as malt liquor, contain
the name of the malt liquor, bear the name and address of the
brewer is-- - - •- . . •
. .. , . . . - -- •.
container or bottle packaged as required herein shall be considered
intoxicating liquor unless the alcohol content is labeled as
part 7515.1100.
/1. The retail sales for a brewer/licensee . . - . . - . .
subsection may not exceed 3,500 barrels per year, providing that off sales
500 barrels, whichever is less.
5. A brewer operating a brewpub may hold or have an interest in other
whole or in part, or be an officer, director, agent or employee, of any
other manufacturer, brewer, importer, or wholesaler or be an affiliate
thereof, whether the affiliation is corporate or by management,
direction or control. Notwithstanding this prohibition, a brewer
licensed under this provision may be an affiliate or subsidiary
company of a brewer licensed in Minnesota or elsewhere if that
brewer's only manufacture of malt liquor is:
. A . . -. ... . . - • . - - - • . . -- . . • . . . .
brewpub by this chapter;
restaurant located in the place of a manufacture or brewing; or
C. Manufactured in another state for consumption primarily in a
restaurant located in or immediately adjacent to the place of
herein on January 1, 1995.
N. Small Brewer Off Sale Malt Liquor License. A brewer licensed by the
Commissioner of Public Safety under Minnesota Statutes 3/10A.301, Subd. 6(c),
. .. - -- - ' . . ' - . • . .
conditions:
brewer on the licensed premises.
•
. - - . - . - - . . - •. -
annually.
. e --
applicable off sale closing time at exclusive liquor stores.
the following requirements for packaging:
A. The containers or bottles shall bear a twist type closure, cork,
stopper or plug.
B. At the time of sale, a paper or plastic adhesive band, strip or sleeve
shall be applied to the container or bottle and shall extend over the
top of the twist type closure, cork, stopper or plug forming a seal
that must be broken upon opening of the container or bottle.
of the brewer/licensee selling the malt liquor.
the name of the malt liquor,bear the name and address of the
container packaged as required herein shall be considered
intoxicating liquor unless the alcohol content is labeled as
otherwise in accordance with the provisions of Minnesota Rules,
part 7515.1100.
and the City shall not issue a license under this subsection if the brewer
has a small brewer license issued under Minnesota Statutes 310A.301,
Subd. 6d, anywhere else in the state.
6. The City shall not issue a license under this subdivision to a brewer if the
brewer seeking the license, or any person having an economic interest in
the brewer seeking the license or exercising control over the brewer
own brands of malt liquor annually or a winery that produces more than
250,000 gallons of wine annually.
0. Brewer Taproom License. A brewer who has a license from the
of malt liquor subject to the following conditions:
brewer on the licensed premises.
C. Temporary On-Sale Licenser Temporary on-sale licenses shall expire
according to their terms.
D. Consumption and dDisplay lLicenses. Consumption and display licenses
shall expire on March 31 of each year. (Ord. 2000-15, 5/09/2000)
1206.0/11201.11. Retail License Fees.
A. Annual Fees. The annual fees for all licenses and temporary licenses are
set forth in Chapter X.
B. Prorated Fees. If a license application is made during the license year, the
license shall 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.
C. Payment. The fees for all liquor licenses must be paid in advance of their
expiration date. (Ord. 2006-01, 1/10/2006)
D. Investigation Fees. Investigation fees for all new applications licenses are
set forth in Chapter X. Investigation fees are non-refundable. No investigation
fee shall be charged for a renewal application. At any time that an additional
investigation is required because of a chang- '- - - • . . - .. - • - -,
change in Operating Manager, change in location, or enlargement of the premises,
the licensee shall pay the investigation fee - - •- . . . 1- - -
application is filed as a result of incorporation or a change of name by an existing
licensee and the ownership control and interest in the license are unchanged, no
additional investigation fee will be required.
1206.051201.13. License Fee Refunds. License fees shall be refunded per Minnesota
Statutes 340A.408, Subd. 5.if an application for a license is denied by the Council, except where
•. . . , . .. • . -- ' - I .. . - - - -. ::-•••! : - . -
provided under Minnesota Statute Section 340A.408, Subdivision 5.
1206.061201.15. Insurance. All applicants or any type of intoxicating liquor, 3.2 percent
malt liquor, or wine license, must, as a condition to the issuance of the license, maintenance of
the license and renewal of the license, demonstrate proof of financial responsibility with regard
to liability imposed by Minnesota Statutes 340A.801 to the City. The minimum requirements for
proof of financial responsibility are set forth in Minnesota Statutes 340A.409. The sale of
alcohol is prohibited if the required insurance is not in effect. Certificates of insurance required
by this Section shall provide that the City must be given 10 days advance written notice of the
cancellation of any insurance described in the certificate.
- - Ale All
license under this Chapter must, as a condition to the issuance of the license,
financial responsibility with regard to liability imposed by Minnesota Statute,
- .. i e . A l G. --
named as additional insured on the liability insurance policy.
have workers compensation insurance as required by law.
1206.071201.17. License Application. A license applicant shall complete the application
forms provided by the City Clerk and the Minnesota Commissioner of Public Safety. The City
1206.081201.19. Execution of Application. If the application is by an individuala natural
person, it shall be signed and sworn to by such person; if by a corporation,by an officer thereof;
if by a partnership,by one of the partners; if by an unincorporated association, by the operating
officer or managing officer thereof If the applicant is a partnership, the application, license, and
insurance policy shall be made and issued in the name of all partners. It shall be unlawful to
make any false statement in an application. Applications shall be filed with the City Clerk.
1206.091201.21. Renewal Application. Applications for the renewal of an existing license
shall be made at least 45 60days prior to the date of the expiration of the license, and shall state
that everything in the prior applications remains true and correct except as otherwise indicated.
B. Renewal applications for an on sale license for a restaurant shall include a
sales, and percentage of total sales for the prey': . . . -
renew the license unless at 1 ast'10%of the est : ' -- ' . • -
from the serving of prepared food.
1206.101201.23. Criminal Background Investigations. Subdivision 1. Applications.
A. At the time of making an initial application, or renewal application, or
request for a new Operating Manager, the applicant shall, in writing, authorize the
Police Department to investigate all facts set out in the application and de
complete a personal background and criminal record check on the applicant and
Operating Manager. The applicant shall further authorize the Police Department
to release information received from such investigation to the Council. (Ord. 99-
06, 2/16/99; Ord. 2000-15, 5/09/2000)
B. Should the Council deny the applicant's request for a license due,partially
or solely, to the applicant's prior conviction of a crime, the Council shall notify
the applicant of the grounds and reasons for the denial; the applicable complaint
and grievance procedure as set forth in Minnesota Statutes, Section 364.06; the
earliest date the applicant may reapply for a license; and that all competent
evidence of rehabilitation will be considered upon reapplication.
1206.111201.25. Hearing Required for New Licenses. A public hearing for the issuance of a
license for a new premises;or applicant : . .• - -- • -- . - - , shall be
preceded by 10 days published notice and 10 days posted notice at City Hall and on the premises to
be led. In addition,the public hearing notice for the issuance of a license for a new premises or
for a different licensee at the same premises, shall also be preceded by a-10 days mailed notice to all
owners of property located within 500 feet of the boundaries of the property on which the business
that is the subject of the application is located. A public hearing is not required for temporary
license applications. (Ord. 2003-30, 10/14/2003)
1206.121201.27. Information Considered for License Approval. Subdivision 1. The
Council shall consider the following in addition to conformity with state statutes and city
ordinances in determining whether a new or renewal license shall be approvedgtec:
A. The criminal background investigative and staff report submitted by the
Police Department and City Clerk;
B. Applicant is a convicted felon, has a driver's license that was cancelled as
inimical to public safety, and/or a pattern of alcohol-related offenses.
BC. Information received through the public hearing process;
CD. Whether the applicant has or will take affirmative action to minimize
public safety problems commonly associated with on-sale liquor establishments,
including but not limited to DWI drivers, illegal sale to minors, disturbing the
peace, etc.;
DE. Any other relevant information.
1206.131201.29. Granting or Transfer of License. Subdivision 1.
A. Applicant. A license shall be issued to the applicant only, and no
license shall be transferred except as provided in this Chapter.
B. Licensed Premises. Each license shall be issued only for the licensed
premises.
C. Building Under Construction. When a license is granted for a premises
where the building is under construction or otherwise not ready for occupancy,
that the building is ready for occupancy.
DC. Death of Licensee. In the event of the death of a person holding a license,
the personal representative of that person shall be allowed to continue to operate
the business within the terms of the license for a period not to exceed 90 days
after the death of the licensee.
1206.1 11201.31. Corporations, Partnerships, or Associations. Subdivision 1.
A. All corporations, partnerships, and associations must designate an
Operating Manager. The Operating Manager must be a person working full-time
at the licensed premises who is in charge of day-to-day liquor sales.
B. Licenses issued to corporations shall be valid only so long as there is no
change in the officers or ownership interest of the corporation, as defined in this
Chapter, unless such change is approved by the Council. The requirement
concerning change in officers does not apply to corporations whose stock is
traded on the New York or American Stock Exchanges.
C. Licenses issued to associations or partnerships shall be valid only so long
as there is no change in the partnership or association, unless such change is
approved by the Council.
D. Corporations, partnerships, or associations holding licenses shall submit
written notice to the City Clerk of any changes described herein on or before 30
days prior to the effective date of any such change. Notwithstanding the
definition of"interest" as defined in this Chapter, in the case of a corporation, the
licensee shall notify the City Clerk when a person not listed in the application
acquires an interest that, when combined with that of a spouse,parent,brother,
sister, or child, exceeds five percent and shall give all information about said
person as is required of a person pursuant to the provisions of this Chapter.
E. Corporations holding licenses shall submit written notice to the City Clerk
of any change in Operating Managers prior to the effective date of such change.
The written notice shall designate the new Operating Manager. The new
Operating Manager shall be subject to the investigation required by this Chapter.
(Ord. 99-6, 2/16/99; Ord. 2000-15, 5/09/2000)
F. The designation of a new Operating Manager shall not cause the
corporation's license to become invalid before a decision is rendered by the City
Manager,provided proper notice and application are made by the applicant. A
proposed new Operating Manager shall be referred to as the interim Operating
Manager. In the event an interim Operating Manager is rejected by the City
Manager, the corporation shall designate another interim Operating Manager and
make the required application within 15 days of the City Manager's decision. If
the City Manager rejects a proposed Operating Manager, the decision may be
appealed to the Council by filing a written notice of appeal with the City Clerk
within 10 days after being notified of the rejection. (Ord. 2000-15, 5/09/2000)
1206.151201.33. Persons Ineligible for License. Subdivision 1.
A. State Law. No license shall be granted to or held by any person per
Minnesota Statutes 340A.402.
1. Made ineligible by State law;
2. Who is a person under 21 years of age;
3. Who is not a citizen of the United States or a resident alien;
'1. Upon whom it is impractical to conduct a background and financial
investigation due to the unavailability of information;
5. Who has had a liquor license revoked within five y rs of the
6. Who has a direct or indirect interest in a manufacturer,brewer, or
wholesaler; or
7. Who, within five years of the license application, has been
convicted of a felony or a willful violation of a federal or state law or local
sale or distribution of an alcohol beverage and who cannot show
competent evidence under Minnesota Statutes Section 36'1.03 of sufficient
B. Operating Manager Required. No licenses shall be granted to a
corporation that does not have an Operating Manager who is eligible pursuant to
the provisions of this chapter.
C. Real Party in Interest. No license shall be granted to a person who is the
spouse of a person ineligible for a license under this Chapter or who, in the
judgment of the Council, is not the real party in interest or beneficial owner of the
business operated, or to be operated, under the license.
D. Residency Requirements. A license will not be renewed if, in the case of
an individual, the licensee is not a resident of the State at the time of the date for
renewal; if, in the case of a partnership, the managing partner is not a resident of
the State at the time of the renewal; or in the case of a corporation, if the
date of renewal. The time for est - _ - - - -- - . - - • ,
good cause,be extended by the Council. (Ord. 98 31, 9/02/98)
E. Delinquent Taxes or Charges. No license shall be granted for operation on
a landowner, and licensee is a tenant of landowner and has no financial interest in
grant a license to an applicant so long as the applicant is not delinquent on any
taxes, assessments, or financial claims as set forth herein.
D. Interest Defined. The term "interest" as used in this section includes any
pecuniary interest in the ownership, operation, management or profits of a retail
liquor establishment, but does not include: bona fide loans; bona fide fixed sum
rental agreements; bona fide open accounts or other obligations held with or
without security arising out of the ordinary and regular course of business of
selling or leasing merchandise, fixtures or supplies to such establishment; or an
interest of 10 percent or less in any corporation holding a city liquor license. A
person who receives monies from time to time directly or indirectly from a
licensee in the absence of a bona fide consideration therefor and excluding bona
fide gifts or donations, shall be deemed to have a pecuniary interest in such retail
license. In determining "bona fide", the reasonable value of the goods or things
received as consideration for the payment by the licensee and all other facts
reasonably tending to prove or disprove the existence of any purposeful scheme or
arrangement to evade the prohibitions of this section shall be considered.
E. Outstanding Debts. No license shall be granted or renewed for operation
on any premises on which real estate taxes, assessments, or other financial claims
of the city or of the state are due, delinquent, or unpaid. If an action has been
commenced pursuant to the provisions of Minnesota Statutes 278, questioning the
amount or validity of taxes, the Council may, on application by the licensee,
waive strict compliance with this provision; no waiver may be granted, however,
for taxes, or any portion thereof, which remain unpaid for a period exceeding one
year after becoming due unless such one-year period is extended through no fault
of the licensee.
1206.161201.35. Conditions of Approval. At the time a license is issued pursuant to this
Chapter or a consumption and display permit is approved, the Council may attach special
conditions to the approval based upon the nature of the business, the location of the business, and
verified complaints, if any, to protect the health, safety, welfare, and quietude of the community
and ensure harmony with the location where the business is located. Violation of any of the
conditions shall be grounds for revocation of the license.
1206.171201.37. Distance from School. No liquor licenses issued in this Chapter, with the
exception of temporary liquor licenses,on sale or off sale intoxicating liquor license, club
wine license, may be granted within the same block of any school or within 500 feet of any
school. The distance shall be measured from the freestanding parcel or lot upon which the
business to be licensed is located or from the exterior wall of the approved area leased or owned
by the business to be licensed within a shopping center to the nearest point of the parcel or lot
upon which the school is located. The erection of a school 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.
1206.18. Federal Stamp . No licensee shall possess a federal wholesale liquor dealer's
special tax stamp or a federal gambling stamp.
1206.1 91201.39. Revocation or Suspension of License. The Council may suspend or
revoke any license for the sale of intoxicating or 3.2 percent malt liquor alcoholic beverages for
any of the following reasons:
A. False or misleading statements made on a license application or renewal,
or failure to abide by the commitments, promises or representations made to the
Council.
B. Violation of any special conditions under which the license was granted,
including, but not limited to, the timely payment of real estate taxes, and all other
charges.
C. Violation of any Federal, State, or local law regulating the sale of
intoxicating liquor, 3.2 percent malt liquor, or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the licensed
premises or on property owned or controlled by the licensee adjacent to the
licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt
liquor.
F. That the licensee had knowledge of illegal acts upon or attributable to the
licensed premises, but failed to report the same to the police.
G. Expiration or cancellation of any required insurance, or failure to notify
the City within a reasonable time of changes in the term of the insurance or the
carriers.
1206.20. Inactive License. The Council may revoke the intoxicating liquor or 3.2 percent
malt liquor license of any establishment granted a license that is not under construction and
determine what progress has been made toward opening or reopening the establishment and, if
satisfactory progress is not demonstrated, the Council may revoke the license.
1206.211201.41. Hearing Notice. Revocation or suspension of a license by the Council
shall be preceded by public hearing conducted in accordance with Minnesota Statutes Section
14.57 to 14.70. The Council may appoint a hearing examiner or may conduct a hearing itself.
The hearing notice shall be given at least 10 days prior to the hearing, include notice of the time
and place of the hearing, and state the nature of the charges against the licensee.
1206.221201.43. Presumptive Civil Penalties. 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, and shall apply to all premises licensed under this Chapter. Any
licensee found to have violated this Chapter, or whose employee has violated this
Chapter, will be charged as noted in the violation grid. 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.
(Ord. 2001-08, 2/27/2001; Ord. 2009-16, 10/13/2009)
The following violations fall under this the violation grid broken down by type of
license.below for all liquor licenses:
• Sale of alcoholic beverages to under age persons.
• 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.
• After hours sale/display/consumption of alcoholic beverage.
• Conducted or permitted the conduct of Illegal gambling on the licensed
premises in violation of the law.
alcoholic beverages (on sale allowing off sale).
Type of License 1st Violation 2nd Violation 3rd Violation 4th Violation
within 36 months within 36 within 36
months months
On Salc $500 and $1,000 and $2,000 and Revocation
Intoxicating 5 days stayed 5 days suspension 10 days
Liquor suspension suspension
Off Sale $500 and $1,000 and $2,000 and Revocation
Intoxicating liquor 3 days stayed Sys 7-days
suspension suspension suspension
On Sale Beer and $500 and $1,000 and $2,000 and Revocation
Wine 5 days suspension 10 days
suspension suspension
Off Sale 3.2 Malt $1,000 and 10 $1,500 and 10 $2,000 and Revocation
days stayed days suspension 20 days
suspension suspension
(Ord. 2011-11, 4/26/2011)
Any violation not listed in the previous information would be heard by the Council and theythe
Council would review all information and circumstances and determine a penalty with the
maximum fine of$2,000 and/or 60-day suspension or determine if the license should be revoked.
First violations would be handled by an administrative hearing with the Police Chief 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 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 Council in a staff report. (Ord.
99-11, 5/04/99; Ord. 2000-29, 8/08/2000; Ord. 2001-08, 2/27/2001; Ord. 2009-16, 10/13/2009)
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, 1/07/98; Ord. 2009-16, 10/13/2009; Ord. 2011-29, 10/25/2011)
Section 1211 - Retail Sales Regulation
1211.011201.45. Retail Sales Regulations. Subdivision 1. Rights of Inspection.
A. Any Plymouth police officer or any properly designated officer displaying
proper identification shall have the unqualified right to enter, inspect, and search
the premises of any licensee hereunder without a warrant, during business hours
or when owners, Operating Managers, or other employees are located on the
premises.
B. The business records of the licensee, including Federal and State tax
returns, shall be available for inspection by the City at all reasonable times upon
written request.
1211.021201.47. Responsibility of Licensee.
A. Orderly Conduct. Every licensee shall be responsible for the conduct on
the licensee's place of business including conduct and activity attributable to the
business on property owned or controlled by the licensee. Every licensee shall
also cooperate with the City in controlling activity attributable to the business in
surrounding areas.
B. Act of Employee. The act of any employee in violation of this Chapter on
the licensed premises is deemed the act of the licensee as well, and the licensee
shall be liable for all penalties provided by this Chapter and other laws equally
with the employee.
1211.031201.49. Hours of Operation. A. Hours and Days of Sale. Hours and days of
sale shall be as allowed by state law. There shall be no consumption or display of intoxicating or
3.2 percent malt liquor during the hours that sale is prohibited by state lawThe provisions of
Minnesota Statutes Chapter 340A.504 with reference to the hours of sale are hereby adopted and
made a part of this chapter as if fully set out herein. Malt liquor in growlers may also be sold at
off-sale on Sunday after 8:00 a.m.
I ..• - • - • --
employees on the business premises from 15 minutes after the sale of intoxicating
liquor is prohibited until the sale is again permitted except as hereinafter
. . ! . ing liquor licensees and on sale 3.2 percent malt
hours of operation when the sale of intoxicating and 3.2 percent malt liquor is
prohibited, provided, that there be no sale, consumption, or display of intoxicating
bar area in a manner approved by the City.
1211.011201.51. Posting License. All liquor licensees shall have the license posted in a
timesThe licenses shall be posted in a conspicuous place in the licensed
establishment at all times.
1201.53. Beverage Restrictions. Subdivision 1.
A. No intoxicating liquor shall be sold or furnished or delivered to any
obviously intoxicating person, or to any person to whom sale is probihited by
State law.
B. No person shall give, sell, procure or purchase intoxicating liquor to or for
any person to whom the sale of intoxicating liquor is forbidden by law.
1211.051201.55. Building Changes. Proposed enlargement or substantial alteration which
changes the character of the establishment, or extension of premises previously licensed shall be
reported to the City Clerk at or before the time application is made for a building permit for any
such change. The enlargement, substantial alteration or extension shall not be allowed unless the
Council approves an amendment to the license.
1211.061201.57. Public Character of Guest Rooms of Hotels. Subdivision 1. Liquor Sales.
No sale of liquor shall be made to or in guest rooms of hotels unless:
A. The rules of such hotel provide for the service of meals in guest rooms;
B. The sale of such liquor is made i - • . . - • . - . : .' : - -
made;
GA. Such sale accompanies and is incidental to the regular service of meals to
guests therein;
DB. The guest rooms and any meeting and/pool and outdoor seating areas are
included as part of the licensed premises in the liquor application rules of such
hotel and the description, location, and number of such guest rooms are fully set
out in the application for the liquor license.
1211.071201.55. ' - - - - - - _- ' - : • Persons under 21; Illegal Acts.
Illegal acts for persons under 21 per Minnesota Statutes 340A.503, are prohibited.
• -- -, '• -- . . - - --
legal drinking age; nor shall such licensee, or hi- ._-• . -- . . --, :----• .
such person to be furnished or allowed to consume any such liquors on the
such person to be delivered any such liquors.
unlawful for any person who has attained the age of 18 years to enter licensed
premises for the following purposes:
1. To perform work for the establishment, including the serving of
2. To consume meals; and
establishment where liquor is not sold.
C. No person under the legal drinking age shall consume or receive delivery
of intoxicating or 3.2 percent malt liquor except in the household of the minor's
D.
3.2 percent malt liquor. Possession of an alcoholic beverab by a person under
the legal drinking age at a place other than the household of the parent or guardian
is prima facie evidence of intent to consume it at a place other than the household
of the person's parent or guardian.
E. M' p t' g Age. No underage person shall misrepresent the person's
liquor or 3.2 percent malt liquor for the purposes of purchasing or having served
. . : ' leverage. Nor shall an . • . . .• . -, . --
any intoxicating liquor or 3.2 percent malt liquor.
F. Identification Requirements.
1. Identification Required. Any person shall, upon demand of the
310A.503, Subdivision 6.
2. Prima Facie Evidence. In every prosecution for a violation of the
underage person involved has obtain-: . -: : - -- : -- • - -- •,
•
which it appears that said person was not an underage person and was
the licensee,his agent or employee • . • : - •. . •- - - - -
provision and shall be conclusive evidence that a violation, if one has
occurred, was not willful or intentional.
1211.08. Employment of Persons Under Eighteen Years of Age. No person under 18 years
1211.091201.57. Prohibited Conditions. Subdivision 1.
A. Prostitution. No licensee shall knowingly permit the licensed premises or
any room in those premises or any adjoining building directly under the licensee's
control to be used by prostitutes.
B. Controlled Substances. No licensee shall knowingly permit the sale,
possession or consumption of controlled substances on the licensed premises in
violation of state law.
C. Gambling. Gambling and gambling devices are not permitted on licensed
premises (except for premises licensed for on-sale intoxicating liquor). State
lottery tickets may be purchased and sold within licensed premises as authorized
by the director of the state lottery. (Ord. 2003-02, 1/28/2002)
D. Nudity. Subdivision 1. No licensee, owner, or manager of any liquor
establishment licensed pursuant to this chapter, shall permit or allow in such
establishment any Nudity, Sadomasochistic Abuse, Sexual Contact or Sexual
Excitement as defined:
1. "Nudity"means the showing or exposing of the post-pubertal
human male or female genitals, pubic area or buttocks with less than a
fully opaque covering, or the showing of a post-pubertal female breast
with less than a fully opaque covering of any portion thereof below the top
of the nipple or the showing of covered male genitals in a discernibly erect
or sexually excited state.
2. "Sadomasochistic Abuse"means scenes involving a person or
persons, any of whom are nude, clad in undergarments or in sexually
revealing costumes, and who are engaged in activities involving the
flagellation, torture, fettering, binding or other physical restraint of any
such persons.
3. "Sexual Conduct"means acts of masturbation, sexual intercourse,
or physical contact with a person's unclothed genitals, pubic area,buttocks
or, if such a person is female, her breast.
4. "Sexual Excitement"means the condition of the human male or
female genitals or the breasts of the female when in a state of sexual
stimulation or the sensual experience of humans engaging in or witnessing
sexual conduct or nudity.
1211.10. Ownership of Equipment. No equipment or fixture in any licensed place shall be
owned in whole or in part by any manufacturer or distiller except such as shall be expressly
permitted by state law.
1211.11. Dis$la of Li.uor. No on sale liquor establishment shall display liquor to the
public during the hours when the sale of liquor is prohibited.
1211.12. Delivery.
- - - - - -- - - - - - - -- -- - - - - -- -- -- - - - - ---- --
other public or private place in violation of law. No deliveries may be made to
No deliveries maybe made of any intoxicating liquor during the hours when off
beverages ordered and packed at the store for delivery shall be carried in the
delivery vehicle.
B. Delivery Tickets Required. The person in charge of any vehicle delivering
intoxicating liquor to purchasers shall carry an invoice or delivery slip stating the
date and names and addresses of the seller and purchaser, itemizing the number,
size, and brands of intoxicating liquor to be delivered. Upon delivery, the invoice
C. Licensee May Refuse to Deliver. Any licensee, or employee or agent of
21 or more years of age.
1211.131201.59. Samples. Wine, liqueur, cordial, and distilled spirits samples are
authorized per Minnesota Statutes 340A.510 e • - • -- - . - - •- . - - - -
liquor, wine, liqueurs, cordials, and distilled spirits • - • -- - -- • •• - .
--, . . . , . . . . . - . - . - . . . . .
(Ord. 98-2, 1/07/98; Ord. 2011-29, 10/25/2011)
Section 1216 - Social Hosts
1216.011201.61. Social Hosts. Subdivision 1. Definitions. For the purposes of this Section,
the following terms have the meanings given:
A. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and
mixtures thereof from whatever source or by whatever process produced.
B. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every
liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half
of one percent or more of alcohol by volume and which is fit for beverage purposes
either alone or when diluted,mixed, or combined with other substances.
C. "Gathering"means a group of three or more persons who have assembled or
gathered together for a social occasion or other activity.
D. "Host"means to aid, conduct, sponsor, organize, supervise, control, or allow
a gathering.
E. "Parent"means a person having the following relationship to a juvenile:
1. A natural parent, adoptive parent, or step-parent;
2. A legal guardian; or
3. A person to whom legal custody has been given by order of a court.
F. "Person"means an individual,partnership, co-partnership, corporation, or an
association of one or more individuals. "Person" does not include a city, county, or
state agency.
G. "Premises" means any location, including a home, yard, farm, field, land,
apartment, condominium, hotel room, or other dwelling unit, or a hall or meeting
room,park, or any other place of assembly, public or private, whether occupied on a
temporary or permanent basis, whether occupied as a dwelling or specifically for a
party or other social function, and whether owned, leased, rented, or used with or
without permission or compensation.
H. "Underage person"means an individual under 21 years of age.
1216.03Subd. 2. Prohibited Acts.
A. It is unlawful for a person to host or allow a gathering on any premises if:
1. The person knows that alcohol or alcoholic beverages will be present;
and
2. The person knows that an underage person will attend, or is likely to
attend; and
3. The person fails to take reasonable steps to prevent the possession or
consumption of alcoholic beverages by an underage person; and
4. An underage person consumes an alcoholic beverage, or possesses an
alcoholic beverage with the intent to consume it, at the gathering.
B. Examples of reasonable steps include:
1. Directing, on a one-time basis or as a standing order, that no
consumption of alcohol and alcoholic beverages is allowed; or
2. Controlling access to alcohol or alcoholic beverages; or
3. Checking identification of attendees to determine age; or
4. Supervising the activities of underage persons at the gathering either
in person or through a responsible adult.
C. A person is not criminally responsible under this ordinance if the person does
not know that a gathering will occur, or does not know that alcoholic beverages will
be present,or does not know that an underage person will be or is likely to be present.
However,if a person has the knowledge specified in paragraph 1 above, a person who
hosts a gathering does not have to be present at the gathering to be criminally
responsible.
D. A person is criminally responsible for violating paragraph 1 above if the
person intentionally aids, advises, hires, counsels, or conspires with or otherwise
procures another to commit the prohibited act.
1216.05Subd. 3. Exceptions.
A. This section does not apply to conduct of an underage person that is permitted
by his or her parent and occurs in the parents' household.
B. This section does not apply to a legally protected religious observance.
C. This section does not apply when an underage person is lawfully in possession
of alcohol or alcoholic beverages during the course and scope of employment.
D. This section does not apply to the holder of a liquor license issued under
Section 1206 of this code,but it does apply to a person who hosts a gathering at such
a liquor establishment.
(Ord. 2011-18, 6/28/2011)
SECTION 2. Section 1010, Subd. 5 of the City Code shall be amended as follows:
Subd. 5. Liquor
A. Liquor 12061
On-Sale $8,240
Temporary On-Sale per application $50
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
Culinary Classes On-Sale $100
B. Consumption and Display
Regular $300
Non-profit $150
C. Beer3.2 Percent Malt Liquor: 4-206
On-Sale $500
Off-Sale $100
Temporary $50
D. Brewer 4-2-06
Brew Pub Off-Sale Liquor $380
Small Brewer Off-Sale Liquor $380
Brewer Taproom $2,500
Sunday Growler Off-Sale $50
E. Microdistillery
Off-Sale $380
Cocktail Room On-Sale $2,500
SECTION 3. This ordinance shall become effective immediately upon its passage.
ADOPTED by the City Council this 8th day of March, 2016.
i
a.
Kelli Slavik, Mayor
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