ORD 04-009
ORDINANCE 04 09
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER ALLOWING
OFF-SALE 3.2 PERCENT MALT LIQUOR SALES IN CERTAIN RETAIL STORES
AND ALLOWING ON-SALE INTOXICATING LIQUOR SALES UNTIL 2:00 A.M. BY
AMENDING SECTIONS 6-52 AND 6-94 OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 6-52(3) of the City Code of Ordinances is amended to read as follows:
Section 6-52. Types of licenses.
(3) 3.2 percent malt liquor license. The city may issue off-sale or on-sale 3.2 percent malt
liquor licenses.
a. On-sale license. On-sale 3.2 percent malt liquor licenses may be issued to drugstores,
restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of
3.2 percent malt liquor with the incidental sale of tobacco and soft drinks and served for
consumption on the premises only.
b. Off-sale license. Off-sale 3.2 percent malt liquor licenses may be issued to general
food stores. drugstores, and retail stores associated with motor vehicle service stations and
permit the sale of 3.2 percent malt liquor at retail in the original package for consumption
off the premises only.
c. Temporary license. A club or charitable, religious, or nonprofit organization may be
issued a temporary on-sale license for the sale of 3.2 percent malt liquor. The temporary
license may authorize the sale of 3.2 percent malt liquor in any school or school buildings.
State law references: 3.2 percent malt liquor licenses, Minn. Stats. 5 340A.403.
Section 2. Section 6-94 of the City Code of Ordinances is amended to read as follows:
Section 6-94. Hours and days of sales.
(a) 3.2 percent malt liquor. No sale of 3.2 percent malt liquor shall be made between
2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, or between 2:00 a.m. and
12:00 noon on Sunday.
(b) Intoxicating liquor, on-sale. Except as provided in subsection (c) of the section no
sale of intoxicating liquor for consumption on the licensed premises may be made between
2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, or after 8:00 p.m. on
December 24, or after 2:00 a.m. on Sundays.
(c) Intoxicating liquor, Sunday sales, on-sale. Sales of intoxicating liquor for
consumption on the premises by hotels, restaurants, bowling centers, or clubs which have
on-sale licenses and which also have facilities for serving not less than 30 guests at one time
shall be permitted between the hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays in
conjunction with the serving of food, provided that the licensee is in conformance with the
Minnesota Indoor Clean Air Act. An establishment serving intoxicating liquor on Sunday
must obtain a Sunday license. A Sunday license shall be issued for a one-year period running
from July 1 to June 30 and shall be subject to all provisions of this chapter.
04-09
(d) Intoxicating liquor, off-sale. No sale of intoxicating liquor may be made by an off-
sale licensee on Sundays, before 8:00 a.m. on Monday through Saturday, after 10:00 p.m. on
Monday through Saturday, on Thanksgiving Day, on Christmas Day (December 25), or after
8:00 p.m. on Christmas Eve (December 24). The council may furtber lirnit tbe hours of sale
of alcoholic beverages.
(e) Display of liquor. No licensee shall display liquor to tbe public during hours when
tbe sale of liquor is prohibited.
Section 3. This Ordinance shall take effect and be in full force after tbe date of its
publication.
Passed and adopted this 21st day of June 2004 by tbe City Council oftbe City of Elk
River.
A TrEST:
04-09
.
.
.
Affidavit of Publication
ORDINANCE 04-09
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY
OF ~LKRIVER >ALLOWING
OFF-SALE 3.2 PERCENT MALT
LIQUOR SALES IN CERTAIN
RETAIL STORES AND ALLOW-
ING ON-SALE INTOXICATING-
LIQUOR SALES UNTIL 2:00 A:M.
BY AMENDING SECTIONS 6-52
AND 6-94 OF THE CITY CODE
OF ORDINANCES
The .City Council of th~ City of
Elk. RIver does hereby.ordain as
follows:
Section 1. Section6-52(3)onhe
City. Code of Ordinances is .amend-
ed to read as follows:
Sectioll 6-52. Types of licenses.
(3) 3.2 percent malt liquor
license.. The city may issue off-sale
or on-sale 3.2 percent malt liqll10r
licenses.
a. On-sale license. Qn-sale 3.2
percent malt liquor licenses may
be issued to. drugstores,res~au~
rant:;!, . hotels" clubs, bO",ling. cenc
tel's, and esta})lishlllents used
e,,~lllsively for the. saleof3.2 per-
cent malt liquor .~th theinciden-
tal sale of tob~cco and soft drinks
lilIldserved forcoIlsUlllption 011 the
premises only. .. ... '. .. .....
b.. Off..sale license. Off-sale.3.2
percent. malt liquor .1iceIlses may
be issued to.. general food stores,
drugstore:;!,and . retail storesasso-
ciatedwith . motorvehicle s~rvice
stations .l,\ndpermit the sale of 3.2
percent malt liquor at retail in the
o. riginal paCka... ge. f<.or'cons.u..mPtio. Il
off the premises only. c. .. .. . .. .
.c. .' Temporary liCense,. A'club or
chmi~blE? religious, or Ilonprofit
orgaIilzatioIl.may be issued a tem-
porary.on-saleJicense for the sale
of3.2 percent 1llalt liquor. Thetem-
porary . license . may . authorize . the
~ale of 3.2 percent malt liquor in
any schoolor school buildings.
Sta.te la", refere11~es: 3.2 percent
malt liquor licenses, Milm.Stats. ~
340A.403.
Se(jf;ion 2. Section. 6-94.. of the
City Code of Ordinances is amend-
ed to read as follows:
Sect~on 6-94. Holli:;! aIldda.ysof
sale~.
(a) 3.2. percent.malt liquor.. No
s!lle . of 3.2. percent malt liquor
shll,ll be made betweeI12:00 a.m.
and> 8:00 a.m. on the <Il'lysof
. Mollday through' Saturday, .01'
b. etwElen. 2..:00 a:.m....and....l.2:.00noo.n..
on Sunday. < ..... .. . .
(b) Into<CicatiIJ.g ..liquor,. on-sale.
Except .l'lS. provided in. subsection
(c) of the section no sale of intoxi-
~l'lting.liquor for consunIption.oI1
the licensed premises may be
Uladebetw(len 2:00. a.m.and8:()Q
a.m. OIl the. days. .of Mondl'lY
through Saturday,'w. after 8:00
p.m. on December 24,01' after 2:00
a.m. on Sundays.
(c) Intoxicating 'liquor, Sunday
s.ales,on-sale. Sales of intoxicating
hquor for consumption. on the
premises by .hQtels, restaurants
bowling . ce1\t~rs'( Or 'cl4bs'which
have Qn-s8,le11ice\ise~'.'aifd 'Wnich
also hl'lve facilitiesfor serviIlgnot
less than 30 gu~ts at .Qne time
shall be permitted .. betV\7eeIl. the
hours of .10:00.a.Ul.(jnSundays
l,\Ild 2:00a.m. on Mondays iIlcon-
junet;ioIl with theserviIJ.g of food,
prOVIded that the licensee lsin
conformance' with the MiIlIlesota
Indoor Clean Air Act. All est.ablish-
ment serviIlg..intoxicating liquor
o.n Sunday must obtain. aSUI1daY
. lIcense, A Sund.~y IiceIlseshl'lllbe
i:;!sued. for a one-year period run-
~ng.froIllJuly. Uo June 30 and
shall be subject tOaI1provisions of
this chapter. .... .......
(d) Intoxicating . liquor, oft-sale,
No sale of intoxicating liquor may
be made by an off-sale liceQseeon
Sundays, before 8:00 a.m. on
Monday through . Saturllay, ..lifter
10:00 p.m. OIl Monday throu~h
Sl'lturday, on ThanksgiviIlg Day, on
9hristml'll3.Day (December 25); .or
after 8:00.p.m.. onChristmas.Eve
(DeCem~er24);The, council may
. further limit the hours . of. sale of
alcoholic beverages.
(el Display of liquor. No licensee
."~...' .. '.. .
..~..~.
-~~~'~
". '.. ,. n_____"_____
~otl.3. ' ~ Ordinance
"effect and be intUlI fOtooe
.~'..~olits~..
J'ta~.sed and adopted this 21st day
()fJune2004 by thli) CityCOUI1~l of
the City of Elk River. ..<..;
'Stephanie Klinzing,
Mayor
ATTEST:
Joan Schmidt, City Clerk
, (Jn30)
STATE OF MINNESOTA )
)ss.
COUNlY OF SHERBURNE)
8\7-d~ ~.s
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
A) The newspaper has complied with all the
requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02,
331A.07, and other applicable la~s, as amended.
B) The printed .DJ:di~~_________
D'--\ - ~ C\
.
which is attached was cut from the columns of said
was printed and published once each
succe~e weeks; it was first published
on Wednesday, the 'bD - day of :. \.. ~~ ,
20 'bL.\ , and was thereafter printed and published every
Wednesday to and including Wednesday, the
day of ,20_; and printed below
is a copy of the lower case alphabet from A to Z, both
inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication
of the notice.
newspaper, and
week, for \
abcdefghij klmnopqrstuvwxyz
BY: 1JA~ L-:--
TITLE: (~~ ~~<l-V
2f)'t'v)
Subsc~ibed and sworn to before me on this day of
<0 UY\JL 20 aL\- .
0;'_ L, m. ~,r"'^,~,~
NO~ (',^,,",,..:-_V~
: '\ Clf!l1Y An CI" '''I'' J ,.
~ ' I~U IARY PUBLIC - MINNE~;;~
RATE INFO f0Nnm. Expires Jan. 31, 2005
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