6.2. SR 06-23-2003MEMORANDUM
Item 6.2.
TO:
Mayor and City Council
FROM:
Pat Klaers, City Administrator
DATE: June 23, 2003
SUBJECT: 2:00 a.m. Bar Closing Legislation
The 2:00 a.m. bar closing legislation was approved and signed into law by the Governor.
Attached for your information is some material from the Department of Public Safety-
Alcohol and Gambling Enforcement Division regarding this new law.
Much like many other municipalities in Minnesota, Elk River will not be ready to authorize
our local liquor establishments to be open until 2:00 a.m. until sometime in later July or early
August. The city f~rst needs to change its ordinance so that it is legal for the bars to stay
open until 2:00 a.m. In this regard, the city is planning to put a notice in the StarNews stating
that the City Council will be considering this ordinance change at its July 14, 2003, meeting.
Notice can then be sent to the On Sale establishments and entities that have 3.2% Beer,
Club, and Wine licenses.
If the City Council approves the changing of this ordinance to allow the 2:00 a.m. bar
closing, then the establishments need to apply for the license, the city needs to issue a
license, obtain checks from the establishment for this license, and then send the money to
the State.
The first step in the process is for the City Council to consider a change in our Alcoholic
Beverages ordinance and this will be scheduled for July 14, 2003.
S:\CO UNCIL\ Pat \ 2003\200amISquor.doc
2 a.m. closing time Page 1 of 2
Klaers, Pat
From: O'Rourke, Jennifer [JORourke@LMNC.ORG]
Sent: Monday, June 09, 2003 2:52 PM
To: Wine in Grocery Stores
Subject: [wigs] 2 a.m. closing time
Although the wine-in-grocery stores push failed and the issue put away until next year, significant changes to
liquor laws were made this legislative session. Attached is a memo from the Department of Public Safety's
Alcohol and Gambling Enforcement division about the new 2 a.m. closing time. The department is relying on the
League as well as a few other groups to get the message out to cities on the changes made this legislative
session to MS 340. This is the same memo that is available on their website for those who may have already
read it.
Questions or concerns, contact me at the information below.
Jennifer O'Rourke
League of MN Cities
651.281.1261
jorourke@lmnc.org
DATE: July, 2003
TO: ALCOHOL BEVERAGE INDUSTRY AND LICENSING AUTHORITIES
FROM: FRANK BALL, DIRECTOR
SUBJECT: 2 A. M. CLOSING LAW, 2003 LEGISLATIVE SESSION (Link to Application Below)
The 2003 Minnesota Legislative Session passed legislation to allow for the sale of alcoholic beverages on the
liquor licensed premises until 2:00 A.M. on all days of the week effective July 1, 2003. Licensees will need to
apply for a special 2:00 A.M. license from the Alcohol and Gambling Enforcement Division (AGED) and pay a fee
based on their previous annual 12 months of liquor receipts. 3.2% malt beverage licensees, set up licensees, and
licenses who have not sold alcoholic beverages for the past 12 months prior to application for the 2:00 A.M.
license, will pay a fiat $200 fee. The 2:00 A.M. special license will run 12 months from the date of approval by the
Alcohol and Gambling Enforcement Division.
In addition, the new 2:00 A.M. legislation provides that local licensing authorities, (cities and counties) must inform
(certify) to the commissioner (AGED) within 10 days of the issuance of all 3.2% beer licenses. Cities have for
many years already been required to fulfill this certification requirement for all on sale and Sunday intoxicating
liquor licenses. Now all 3.2% liquor licenses issued by cities or counties will also need to be certified to the
Commissioner. This licensing authority certification is necessary whether or not a licensee is applying for the 2:00
A.M. Special License. The commissioner provides the form upon request for this certification as described below.
The application for the Optional 2 A.M. Special Closing License and the Certification of an On sale Intoxicating
Liquor and Sunday License, as well as, the 3.2% Malt Beverage License Certification is all on one convenient
form, Form No. 9011-2AM. This form replaces the old PS 9011 form, the On Sale and/or Sunday Certification
form previously used by cities to inform the Commissioner of the issuance of their on sale intoxicating liquor
licenses. The top part of the new form, 9011-2 AM, contains all of the licensee certification information, and the
bottom section contains a separate section for the Optional 2:00 A.M. license, signature requirements by cities
and counties and licensee signatures. The entire form must be filled out completely and signed by the local
licensing authority and the licensee in order to qualify for the 2:00 A.M. Special License. The check for the
Optional 2:00 A.M. Special License is made payable to the Alcohol and Gambling Enforcement Division (AGED)
in the amount indicated on the fee schedule in the 2 A.M. section of the form. Licensees making application for
the Optional 2 A.M. Special License should verify with their local licensing officials that local ordinances allow for
the sale of alcoholic beverages until 2 A.M. The completed 9011-2AM along with the check for the 2:00 A.M.
license is sent to the Alcohol and Gambling Enforcement, 444 Cedar Street, Suite 133, St. Paul, MN 55101
The new Certification of Liquor License or Application for Optional 2:00 A.M. Closing Application Form 9011-2AM
6/18/2003
2 a.m. closing time Page 2 of 2
follows this memo. If you would like to request the form by mail or fax or if you have any questions regarding the
Optional 2:00 A.M. Special Liquor License or the requirements for On Sale Certification or the new 3.2% malt
beverage license certification process, please call the Alcohol and Gambling Enforcement Division (AGED) at
651-296-6979.
Click here for Application <2%20am%20application.htm>
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6/18/2003