3.3. SR 04-03-2000'ity of
iver
MEMORANDUM
Item #
3.3.**
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Sandra Peine, City Clerk
April 3, 2000
Resolution Authorizing Summary Publication of
Liquor Ordinance
On March 13, 2000, the Council adopted ordinance 2000-01 amending Section
800 of the City of Elk River Code of Ordinances Entitled Beer, Wine, and
Liquor Licensing and Regulation. Due to the length of this ordinance, staff
has prepared a summary resolution for the purpose of publication of the
ordinance.
In the case of lengthy ordinances, State law allows the publication of an
ordinance title and summary of the ordinance. The summary must inform
the public of the intent and effect of the ordinance. A four-fifths vote of the
council is required to pass the resolution.
ACTION REQUESTED
Council motion to adopt the attached resolution authorizing publication of
the summary of Ordinance 2000-01.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
RESOLUTION 00-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF PUBLICATION OF
OFFICIAL SUMMARY OF ORDINANCE 2000-01, AN ORDINANCE
AMENDING SECTION 800 OF THE ELK RIVER CITY CODE OF
ORDINANCES ENTITLED BEER, WINE AND LIQUOR LICENSING
AND REGULATION
WHEREAS, the City Council of the city of Elk River has repealed Section 800
of the Elk River City Code of Ordinances entitled "Beer, Wine,
and Liquor Licensing and Regulation" and has adopted a new
section 800 in lieu thereof, entitled "Beer, Wine, and Liquor
Licensing and Regulation;" and
WHEREAS, the new Section 800 sets forth standards and provisions
regarding the terms, definitions, licensing, consumption, sales,
hours of sale, regulation, and all other matters pertaining to the
retail sale, distribution, and consumption of intoxicating liquor
and 3.2 percent malt liquor; and
WHEREAS, a copy of the entire text of this ordinance is available for
inspection by any person in the office of the City Clerk at City
Hall and at the Elk River Public Library; and,
WHEREAS, the City Council approves the text of the Official Summary of
New Ordinance Section 800, Ordinance 2000-01, and has
determined that it clearly informs the public of the intent and
effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED that this Official Summary of
New Ordinance Section 800, Ordinance 2000-01, shall be published in lieu of
publication of the entire ordinance as provided by Minnesota Law.
Passed and adopted by the City Council of the City of Elk River this 3rd day
of April, 2000.
ATTEST:
Stephanie Klinzing, Mayor
Sandra A. Peine, City Clerk
OFFICIAL SUMMARY OF NEW ORDINANCE SECTION 800
OF THE ELK RIVER CITY CODE OF ORDINANCES
The Elk River City Council has repealed Section 800 of the Elk River
City Code of Ordinances, entitled "Beer, Wine, and Liquor Licensing and
Regulation" and has adopted a new section 800 by the same title. The entire
text of this ordinance is available for inspection by any person in the office of
the City Clerk at Elk River City Hall and at the Elk River Public Library.
The following is a summary of New Ordinance Section 800.
ORDINANCE 2000-01
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 800 OF THE CITY OF ELK
RIVER CODE OF ORDINANCES ENTITLED BEER, WINE, AND LIQUOR
LICENSING AND REGULATION
New Section 800 adopts the provisions of Minnesota Statutes, Chapter
340A, except to the extent the provisions of Section 800 are more restrictive.
Under New Section 800, licenses are required for various types of liquor
sales. Procedures are adopted for application and granting of such licenses,
as well as for their posting and renewal. Provision is made for licensure
eligibility.
Under the New Section, liability insurance is required for licensure.
The City Council is authorized to place additional conditions on licenses.
Provisions are made in the Section for license revocation upon notice and a
hearing. In addition, presumptive civil penalties for violation of Section 800
are prescribed. Violations of the Section are set forth with particularity. The
Section provides for the inspection of licensed premises by a police officer.
Additional restrictions on the operation of licensed premises are set
forth, including restrictions on the hours of operation, sales to certain
persons, and the employment of persons under 18 years of age. The Section
also provides criminal penalties for its violation. Finally, provision is made
for a Municipal Liquor Dispensary.
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