5.2. SR 07-14-2003TO:
FROM:
DATE:
SUBJECT:
Item ~ 5.2.
MEMORANDUM
Mayor and City Council
Pat Klaers, City Administrator
July 14, 2003
Consider Ordinance Amendment to Allow for 2:00 a.m. Closing for
Liquor Establishments
State law now allows municipalities to change their local ordinances to allow for the 2:00 a.m.
closing of on-sale liquor establishments. This item is on the City Council agenda for discussion. A
notice was put in the local newspaper indicating that this item was going to be on the City Council
agenda and letters were sent to all on-sale liquor establishments, including those which sell just wine
or beer.
When this item was briefly discussed at the June 23, 2003 Council meeting, the idea of competition
between Elk River establishments and establishments in other communities was raised. Additionally,
the Council indicated that it desired some feedback from the Police Department on the potential
change in closing time. The verbal feedback from the Police Department is one of no concern. Staff
has not heard any comments from citizens, homeowners, or neighbors of bars regarding this issue.
Depending on the City Council direction, an ordinance which changes the closing time for liquor
establishments can be put on a future agenda. If approved, then local liquor establishments would
have to submit a permit requesting the extension of their operating hours. Once this is received and
processed, it would be sent to the State.
S:\COUNCIL\Pat\2003\200amliquor2.doc
June 18,2003
Liquor License Holders:
As many of you are aware Governor Pawlenty has signed a bill into state law that allows
liquor establishments that currently have Liquor On Sale, Club, Wine, and 3.2% Beer On
Sale Licenses to remain open and sell alcoholic beverages on all days of the week until 2:00
a.m., effective July 1, 2003. Currently, Elk River ordinance states that these establishments
can only remain open until 1:00 a.m. Accordingly, it is not legal for your establishment to
remain open and sell alcoholic beverages after 1:00 a.m. until the city ordinance is changed
On Monday, July 14, 2003, the City Council will be considering an amendment to the
Alcoholic Beverages ordinance to allow for the 2:00 a.m. sale of liquor. This City Council
meeting will be held at 6:30 p.m. at Lions Park Center, 1104 Lions Park Drive. Your input
on a possible change to the city ordinance to match the new state law is welcome. If you
cannot attend this meeting and desire to provide input on this issue, please feel free to
submit written comment to me at City Hall.
In the interim, the Alcohol and Gambling Enforcement Division created a form that must
be completed (even ifjou do notp/an to sta~ open until2:00 a.m.) for (1) Certification of Liquor
Licenses to the State, and/or (2) applying for the 2:00 a.m. Bar Closing option. The
enclosed form must be completed and ma~led back to City Hall, 13065 Orono
Parkway, MN 55330 byJMy 21, 2003.
If you have any questions regarding the new law or the attached form please give me a call at
(763) 635-1003.
Sincerely,
Tina Allard
Executive Secretary
S: \CLERK\LICENSES\LIQ UOR\ 200amClosingLetter.doc
Pubhshed 2 weeks in the Star News in the Public Hearing Section
Notice of Public Meeting
City of Elk River
2:00 a.m. Bar Closing
The Elk River City Council will consider a change in the Alcoholic Beverage Ordinance,
allowing establishments that have Liquor On Sale, Club, Wine, and 3.2% On Sale Licenses
to remain open and sell alcoholic beverages on all days of the week until 2:00 a.m. This
meeting will be held on Monday, July 14, 2003, at 6:30 p.m., at Lions Park Center, 1104
Lions Park Drive.
Everyone in attendance will be afforded an opportunity to express their views with respect
to the proposed ordinance change. If you cannot attend this meeting and would like to
provide input on this issue, please feel free to submit written comment to the City.
Executive Secretary
Trna Allard
City of Elk River
S:\CLERK\LICENSES\LIQUOR\200amNotice.doc
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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