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ORD 20-04to be removed Underlines to be added Ordinance 20 - 04 An Ordinance Amending Chapter, 6, Section S6 Regarding Liquor License Fees of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 6-56, Fees of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Applicability; payment. Prior to consideration of any application for a license under this division, the applicant shall pay the license fee and, if applicable, pay the investigation fee to cover the costs of the city in processing the application and the investigation thereof. The investigation fee is nonrefundable. No investigation fee shall be required of an applicant for an on -sale 3.2 percent malt liquor license, off -sale 3.2 percent malt liquor license, temporary beer license or temporary license for the on -sale of intoxicating liquor. Failure to pay any portion of a fee when due shall be cause for revocation. (b) Establishment. All license and investigation fees provided for in this division, including, but not by way of limitation, fees for on -sale and off -sale of beer, temporary on -sale of beer, on -sale and temporary off -sale of liquor, and on -sale of wine, shall be fixed and determined by the council, adopted by resolution, and uniformly enforced. The council may amend such fees by resolution. A copy of the resolution shall be kept on file in the office of the city clerk and open to inspection during regular business hours. (c) Fee increases The city shall not increase the fee for a liquor license except after notice and hearing on the proposed increase. Notice of the proposed increase must be mailed to all affected licensees at least 30 days before the date set for the hearing. (d) Proration. For licenses issued and which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. (e) Refunds. License fees shall be refunded if an application for a license is denied by the city council, except where rejection is for a willful misstatement in the license application. A pro rats share of an annual license fee for a retail license to sell intoxicating or 3.2 percent malt liquor, either on -sale or off -sale, may be refunded to the licensee or to the licensee's estate if: (1) The business ceases to operate because of destruction or damage. (2) The licensee dies. (3) The business ceases to be lawful for a reason other than a license revocation. P 0 V E R I I RY NATURE Last Updated) anuary 2019 to be removed Underlines to be added (4) The licensee ceases to carry on the business licensed under the license. ,4 Quarterly' Installments Authorized. (1) Notwithstanding section 6-56 (_a) if during the six months immediately. prior to the term for which the applicant is making application there was a dul , declared state or local emergency that required such licensed establishments to cease activittes, an aV12licant for the followinM city -issued licenses may pay the city's established fee in four equal quarterly installments. ■ On -Sale Liquor ■ Sunday Liquor ■ Wine ■ 3.2 On -Sale ■ Club ■ Brew Taproom Q Payment of each installment shall be due before the beginning of the period to which it relates. The amount due for the first installment shall be reduced by the number of months the licensed establishment was required to cease operations. 43 If the licensed establishment is required to cease operation for more than two months. the amount due for future installments shall be reduced by the number of additional months operations were ceased. (A) The licensee bears responsibility for the full year's license fee upon receiving the license, whether or not the business continues to operate. The failure to pay a license fee when it becomes due pursuant to this section shall be grounds for the denial suspension, or revocation of the license. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 4th day of May, 2020. ATTEST: Tina Allard, City Clerk Last Updated January 2019 14'� /-\ — J J. P etz, MI or IBIIaEI er NATURE AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 05/09/2020 and the last insertion being on 05/09/2020. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: C. Designated Agent Subscribed and sworn to or affirmed before me on 05/09/2020 by Diane Erickson. Fr Notary Public DARLE N uMARI P u b MACPHERSON - lic M inne.8J0i»u8 �.�ry 31, 2C24 a� pg Cpmn6ion E Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 1044068 CITY OF ELK RIVER, MINNESOTA ORDINANCE 20 - 04 AN ORDINANCE AMENDING CHAPTER 6, SECTION 56 REGARDING LIQUOR LICENSE FEES OF THE CITY CODE The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 6-56, Fees of the City of Elk River Code of Or- dinances shall be amended to read as follows: (a) Applicability; payment. Prior to consideration of any application for a license under this division, the applicant shall pay the license fee and, if applicable, pay the investi- gation fee to cover the costs of the city in processing the application and the investigation thereof. The investigation fee is nonrefundable. No investigation fee shall be re- quired of an applicant for an on - sale 3.2 percent malt liquor license,. off -sale 3.2 percent malt liquor license, temporary beer license or temporary license for the on -sale of intoxicating liquor. Failure to pay any portion of a fee when due shall be cause for revocation. (b) Establishment. All license and investigation fees provided for in this division, including, but not by way of limitation, fees for on -sale and off -sale of beer, temporary on - sale of beer, on -sale and temporary off -sale of liquor, and on -sale of wine, shall be fixed and determined by the council, adopted by resolu- tion, and uniformly enforced. The council may amend such fees by resolution. A copy of the resolution shall be kept on file in the office of the city clerk and open to inspec- tion during regular business hours. (c) Fee increases. The city shall not increase the fee for a liquor li- cense except after notice and hear- ing on the proposed increase. No- tice of the proposed increase must be mailed to all affected licensees at least 30 days before the date set for the hearing. (d) Proration. For licenses issued and which are to become effective other than on the first day of the li- censed year, the fee to be paid with the application shall be a pro rats. share of the annual license fee. (e) Refunds. License fees shall be refunded if an application for a license is denied by the city coun- cil, except where rejection is for a willful misstatement in the license application. A pro rata share of an annual license fee for a retail license to sell intoxicating or 3.2 percent malt liquor, either on -sale or off -sale, may be refunded to the licensee or to the licensee's estate if: (1) The business ceases to op- erate because of destruction or damage. (2) The licensee dies. (3) The business ceases to be lawful for a reason other than a li- cense revocation. (4) The licensee ceases to carry on the business licensed under the license. (0 Quarterly Installments Autho- rized. (1) Notwithstanding section 6-56 (a) if during the six months imme- diately prior to the term for which the applicant is making application there was a duly declared state or local emergency that required such licensed establishments to cease activities, an applicant for the fol- lowing city -issued licenses may pay the city's established fee in four equal quarterly installments. • On -Sale Liquor • Sunday Liquor • Wine • 3.2 On -Sale • Club • Brew Taproom (2) Payment of each installment shall be due before the beginning of the period to which it relates. The amount due for the first installment shall be reduced by the number of months the licensed establishment was required to cease operations. (3) If the licensed establishment is required to cease operation for more than two months, the amount due for future installments shall be reduced by the number of addition- al months operations were ceased. (A) The licensee bears responsi- bility for the full year's license fee upon receiving the license, whether or not the business continues to operate. The failure to pay a license fee when it becomes due pursuant to this section shall be grounds for the denial, suspension, or revoca- tion of the license. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 4th day of May, 2020. John J. Dietz Mayor ATTEST: Tina Allard City Clerk Published in the Star News May 9, 2020 1044068