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90-011 ORD NOTICE OF PUBLICATION . CITY COUNCIL OF THE CITY OF ELK RIVER ORDINANCE NO. 90 - 11 AN ORDINANCE AMENDING SECTION 800 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO THE REGULATION OF THE SALE OF BEER, WINE AND INTOXICATING LIQUOR The City Council of the City of Elk River hereby amends its City Code of Ordinances and does ordain as follows: Section 1. Chapter VIII, Section 800 to 804.12 of the Code of Ordinances is repealed in its entirety. Section 2. The Code of Ordinances Chapter VIII, Section 800 et seq., is revised as it relates to the regulation and licensing of beer, wine and intoxicating liquor sales within the City of Elk River. Relevant sections are set forth below. 800.00 - Definitions . 800.02 - Applic~tions and Licenses Under this Chapter - Procedure and Administration 1. Application 2. False Statements 3. Application and Investigation Fees 4. Action a. Granting b. Issuing c. License Refundment in Certain Cases d. Transfer e. Refusal and Termination f. Corporate Applicants and Licensees g. Revocation, Suspension, or Fine 5. Duplicate Licenses 6. Posting 7. Manager or Agent 8. Persons Disqualified 800.04 - Renewal of Licenses 800.06 - Delinquent Taxes and Charges 800.08 - Limitation of Own~rship . 800f10 - Conditional Licenses 800.12 - Premises Licensed . . . 800.14 - Unlawful. Acts l. 2. 3 . Consumption Removal of Container Closing 800.16 - Conduct on Licensed Premises 800.18 - $ale By Employee 800.20 - Principal Part of Business 800.22 - License Condition and Unlawful Act 800.24 - Fixing License and Investigation Fees 800.26 - Financial Responsibility of Licensees 800.28 - Beer License Required 800.30 - Tem~orary Beer License-Conditions 1. Applicant 2. Conditions 800.32 - Beer License RestrictioQs and Regulations (Contains prohibition on gambling or gambling devices on any licensed premises except such as are licensed under Minn. Stat. 349) 800.34 - Hours of Beer Sales 800.36 - Unlawtul Acts (Beer) 800.38 - Liquor License Required 800.40 - Liquor License Restrictions and Regulations (Contains prohibition on gambling, except as permitted by Minn. Stat. 349) 800.42 - Hours and Days of ~iquor Stores 800.44 - S~nday Sales 800.46 - Unlawful Acts (Liquor) 800.48 - Sports or Convention Facilities License 800.50 - Nonprofit Organization Temporary License 800.52 - On-Sale Wine Ligense Required 800.54 - On-Sale Wine License Restrictions and Regu~ations 800.56 - Hours and Days of Sales of Wine By On-Sale Wine Licensees . . . 800.58 - Unlawful Acts (Wine) 800.60 - Additional Club Licensee Restrictions and Regulations and unlawful Acts 800.62 - Municipal Dispensary 1. Establishment 2. Dispensary Fund 800.64 - Violation a Misdemeanor The above description of the Ordinance is a summary. A complete copy of the ordinance revisions are available for review at the office of the City Clerk at the Elk River City Hall and at the Elk River Library Passed and adopted this 4th day of June, 1990. Effective upon publication. Jw~u I~ -;::$/ Mayor James Tralle ATTEST: Sandra Thackeray, City. Clerk . . . ORDINANCE NO. 90 - 11 CITY COUNCIL OF THE CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 800 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO THE REGULATION OF THE SALE OF BEER, WINE AND INTOXICATING LIQUOR The City Council of the City of Elk River hereby amends its City Code of Ordinances and does ordain as follows: Section 1. Chapter VIII, Section 800 to 804.12 of the Code of Ordinances is repealed in its entirety. Section 2. The Code of Ordinances Chapter VIII, Section 800 et seq., is hereby amended as follows: CHAPTER VIII BEER, WINE, AND LIOUOR LICENSING AND REGULATION 800.00 - DEFINITIONS As used in this Chapter, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: 1. "Application" means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his request for a license, furnished by the City Clerk and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. 2. "Applicant" means any person making an application for a license under this Chapter. 3. "License" means a document issued by the City to an applicant permitting him to carryon and transact the business stated therein. 4. "Licensee" means an applicant, who, pursuant to his approved application, holds a valid, current, unexpired license, which has neither been revoked nor suspended, front the City for carrying on the business stated therein. 5. "License fee" means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carryon the business stated therein. 6. "Intoxicating liquor" and "Liquor" mean ethyl alcohol and distilled, fermented, spirituous, vinous, and malt beverages containing in excess of 3.2 percent of alcohol by weight. . 7. "Wine" means wine not exceeding fourteen percent (14%) alcohol by volume. 8. "Beer" means nonintoxicating malt liquor which contains more than one-half (1/2) of one percent (1%) by volume and not in excess of 3.2 percent alcohol by weight. 9. "Off-sale" means the retail sale of beer or liquor in original packages for consumption off or away from the premises where sold. 10. "On-sale" means the retail sale of beer, wine or liquor by the glass or by the drink for consumption on the premises where sold only. 11. "Sale," "Sell" and "Sold" mean all barters and all manners or means of furnishing beer, wine, or liquor to persons, including such furnishing in violation or evasion of law. 12. "Manufacturer" means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces liquors, wine, or beer for sale. . 13. "Wholesaler" means any person engaged in the business of selling liquor, wine or beer to retail dealers. 14. "Package" and "Original package" means any container or receptacle holding liquor, wine, or beer, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler. 15. "Club" means any corporation duly organized under the laws of this State for civic, fraternal, social, or business purposes or for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans organization. Such club shall have been in existence for fifteen (15) years or congressionally chartered veterans organization must be incorporated and must have been in existence for at least ten (10) years. 16. "Fraternal club" means a club which serves only members and their guests and which uses any profits derived from liquor sales principally for sponsoring activities beneficial to the community and not for the profit of any individual. . 17. "Member" means any person in good standing according to rules and regulations of the licensed club, wherever located, and having evidence of current membership upon his person. . 18. "Guest" means a person not a member of the club licensee but present on this club licensed premises in the company of a host member. 19. "Host member" means a member who is entertaining a guest who is in the member's company at all times such guest is on the licensed premises. 20. "Restaurant" means any establishment, other than a hotel, which is under the control of a single proprietor or manager; which has appropriate facilities for the serving of meals; where, in consideration of paYment therefor, meals are regularly served at tables to the general public; which employs an adequate staff to provide the usual and suitable service to its guests, and the serving of foods; and which shall have seating facilities for seating not less than thirty (30) guests at one time. 21. "Hotel" and "Motel" mean and include any establishment having a resident proprietor or manager, where, in consideration of paYment therefor, food and lodging are regularly furnished to transients; which contains not less than forty (40) guest rooms with bedding and other suitable and necessary furnishings in each room; which is provided with a suitable lobby, desk, and office for the registration of its guests at the main entrance. . 22. "Malt liquor" means any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. 800.02 - APPLICATIONS AND LICENSES UNDER THIS CHAPTER - PROCEDURE AND ADMINISTRATION 1. Application. All applications shall be made at the office of the City Clerk upon forms if prescribed by the proper Department of State of Minnesota, together with such additional information as the Council may desire. If not so prescribed, then applications shall be made upon forms furnished by the City. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. . 2. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license or, if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter or any part thereof. 3. Application and Investiqation Fees. At the time of the initial application, applicants for on-sale liquor licenses, beer licenses and on-sale wine licenses shall pay a nonrefundable application and investigation fee, to cover the costs of the City in processing the application and the investigation thereof. The fees are as established according to the schedule of fees incorporated herein and amended from time to time by resolution of the City Council. No such fee shall be required of an applicant for a temporary beer license or for a temporary license for the on-sale of intoxicating liquor. . . b. . 4. Action. a. Grantinq. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall pay the license fee and, if applicable, pay the investigation fee. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. Issuinq. If an application is approved, the City Clerk shall forthwith issue a license pursuant thereto in the form prescribed by the City or the proper Department of the State of Minnesota, as the case may be, and upon payment of the license fee. All licenses shall expire on the last day of June each year unless otherwise specified herein. 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. Licenses shall be valid only at one location and on the premises therein described. c. License Refundment in Certain Cases. In the event that, during the license year, the licensed premises shall be destroyed or so damaged by fire, or other catastrophe, that the licensee shall cease to carryon the licensed business, or in case the business of the licensee shall cease by reason of illness or death, or if it shall become unlawful for the licensee to carry on the licensed business under the license, except when such license is revoked, the City shall, upon the happening of any such event, refund to the licensee, or to his estate, such pro rata portion of the license fee paid as corresponds to the time such license had yet to run. In the event of death of the licensee, . . . his personal representative is hereby authorized to continue operation of said business for not more than ninety (90) days after the death of such licensee. d. Transfer. No license shall be transferable between persons or locations without the approval of the Council. e. Refusal and Termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation. f. Corporate Applicants and Licensees. A corporate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholders holding more than five percent (5%) of all issued and outstanding stock of the corporation and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Clerk-Treasurer of any change in legal ownership or beneficial interest in such corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation; and any such license shall be revoked thirty (30) days after any such change in ownership or beneficial interest of shares unless the Council has been notified of the change in writing and has approved it by appropriate action. The Councilor an officer of the City designated by it may at any reasonable time examine the stock transfer records and minute books of the corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. . . g. Revocation, Suspension, or Fine. Upon a finding that the licensee of any license granted pursuant to this Section has failed to comply with any applicable statute, regulation, or ordinance relating to intoxicating liquor, the Council shall either suspend the license for a period not to exceed sixty (60) days, revoke the license or impose a civil fine on the licensee not to exceed $2,000.00 for each violation. No suspension, fine, or revocation shall take effect until the licensee or permit holder has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing examiner, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than ten (10) nor more than thirty (30) days prior to the hearing date, stating the time, place, and purpose thereof. The Council shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of beer, wine, or liquor upon the premises of the licensee or if such revocation is mandatory by statute. If it shall be made to appear at the hearing thereon that such violation was not willful, the Council may order suspension or a fine not to exceed $2,000.00, provided that revocation shall be ordered upon the third such violation or offense. As additional restrictions or regulations on licensees under this Chapter and in addition to grounds for revocation or suspension stated in the City Code or statute, the following shall also be grounds for such action: (1) that the licensee suffered or permitted illegal acts upon the licensed premises unrelated to the sale of beer, wine, or liquor; (2) that the licensee had knowledge of such illegal acts upon the licensed premises, but failed to report the same to police; (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or, (4) that the licensee failed to maintain financial responsibility required by this Chapter. The Council may, in its discretion, contract with the State of Minnesota for a hearing examiner to hold such hearing. 5. Duplicate Licenses. Duplicates of all original licenses under this Chapter may be issued by the City Clerk-Treasurer without action by the Council upon licensee's affidavit that the original has been lost and upon paYment of a fee of $2.00 for issuance of the duplicate. All duplicate licenses shall be clearly marked DUPLICATE. . . 6. Posting. All licensees shall conspicuously post their licenses in their places of business. 7. Manager or Agent. Before a license is issued under this Chapter to an individual who is a nonresident of the City, or more than one individual, whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is its manager or agent. Such manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. . B. Persons Disqualified. In addition to any other provision of law, no person shall qualify for a license under this Chapter who has been convicted within the past five (5) years of violating any law relating to the manufacture, sale, or distribution of beer, liquor, or wine or whose license therefor has been revoked within such period of time. Nor shall any person qualify as a licensee who has not attained the age of twenty-one (21) years. 800.04 - RENEWAL OF LICENSES Applications for renewal of all licenses under this Chapter shall be made at least sixty (60) days prior to the date of expiration of the license and shall contain such information as is required by the City Clerk. This time requirement may be waived by the Council for good and sufficient cause. 800.06 - DELINQUENT TAXES AND CHARGES No license under this Chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof or other financial claims of the City are owed by the applicant and are delinquent and unpaid. For the purpose of this Section, "applicant" includes persons and related persons, (1) owning, directly or indirectly, at least a fifty percent (50%) beneficial interest in the proposed license or in the entity making the application, and (2) at least an undivided one-half (1/2) interest in the premises proposed to be licensed or at least a fifty percent (50%) beneficial interest in the entity owning such premises. 800.08 - LIMITATION OF OWNERSHIP No person shall be granted liquor or wine licenses at more than one (1) location within the City. For the purpose of this Section, any person owning an interest of five percent (5%) or more of the entity to which . . the license is issued or such ownership by a member of his immediate family shall be deemed to be a licensee. 800.10 - CONDITIONAL LICENSES Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefore, place such special conditions and restrictions, in addition to those stated in this Chapter, upon any license as it, in its discretion, may deem reasonable and justified. 800.12 - PREMISES LICENSED Unless expressly stated therein, a license issued under the provisions of this Chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place with such building or structure. 800.14 - UNLAWFUL ACTS . 1. Consumption. It is unlawful for any person to consume or any licensee to permit consumption of beer, wine, or liquor on licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. 2. Removal of Containers. It is unlawful for anyon-sale licensee to permit any glass, bottle, or other container, containing beer, wine, or liquor in any quantity, to remain upon any table, bar, stool, or other place where customers are served more than twenty (20) minutes after the hour when a sale thereof can legally be made. 3. Closing. It is unlawful for any person other than an on-sale licensee's bona fide employee actually engaged in the performance of his duties to be on premises licensed under this Chapter more than thirty (30) minutes after the legal time for making licensed sales; provided, however, that this subdivision shall not apply to licensees, employees of licensees, and patrons on licensed premises for the sole purpose of preparing, serving, or consuming food or beverages other than beer, wine, or liquor. 4. Lewd or Indecent Conduct Prohibited. No lewd or indecent conduct shall be allowed or permitted on the licensed premises. For the purposes herein, lewd or indecent conduct shall include "nudity" and "sexual conduct" as those terms are defined in Minnesota Statutes Section 617.292. Any licensee providing live entertainment or dancing must conduct that activity entirely within the licensed premises. 800.16 - CONDUCT ON LICENSED PREMISES Except as herein provided, every licensee under this Chapter shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order therein. . . 800.18 - SALE BY EMPLOYEE Any sale of beer, wine, or liquor in or from any premises licensed under this Chapter by any employee authorized to make such sale in or from such place is the act of the employer as well as the person actually making the sale; and every such employer is liable to all of the penalties provided by law for such sale, equally with the person actually making the sale. 800.20 - PRINCIPAL PART OF BUSINESS A licensed restaurant shall be conducted in such a manner that the principal part of the business for a license year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of foods. "Principal part" shall mean fifty percent (50%) or more of the gross receipts. 800.22 - LICENSE CONDITION AND UNLAWFUL ACT 1. All premises licensed under this Chapter shall at all times be open to inspection by any police officer to determine whether or not this Chapter and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection by such officers and without a warrant for searches or seizures. . 2. It is unlawful for any licensee or agent or employee of a licensee to hinder or prevent a police officer from making such inspection. 800.24 - FIXING LICENSE AND INVESTIGATION FEES All license and investigation fees provided for in this Chapter, 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. Such fees may, from time to time, be amended by the Council by resolution. A copy of the resolution shall be kept on file in the office of the City Clerk-Treasurer and open to inspection during regular business hours. 800.26 - FINANCIAL RESPONSIBILITY OF LICENSEES 1. Proof. No beer, wine, or liquor license shall be issued, maintained, or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes, Section 340A.801, by filing with the City: a. A certificate that there is in effect an insurance policy or pool provided minimum coverages of (1) $500,000.00 because of bodily injury to anyone (1) person in anyone (1) occurrence, and $500,000.00 . . because of bodily injury to two (2) or more persons in anyone (1) occurrence, and in the amount of $500,000.00 because of injury to or destruction of property of others in anyone (1) occurrence, and (2) $500,000.00 for loss of means of support of any one (1) person in anyone (1) occurrence, and, subject to the limit of one (1) person, $500,000.00 for loss of means of support of two (2) or more persons in any one (1) occurrence (an annual aggregate policy limit for dram shop liability of not less than $500,000.00 per policy may be included in the policy provision); or b. A bond of a surety company with minimum coverages as provided in subparagraph A of this Section; or, c. A certificate of the State Treasurer that the licensee has deposited with him $100,000.00 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000.00. . 2. Exception. This Section does not apply to on-sale beer licensees with sales of beer of less than $10,000.00 for the preceding year, nor to off-sale beer licensees with sales of beer of less than $20,000.00 for the preceding year, nor does it apply to holders of on-sale wine licenses with sales of wine of less than $10,000.00 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this subdivision. 3. The liability insurance policy, bond, or certificate of the State Treasurer required above shall provide that it may not be cancelled for any cause either by the licensee or the insurance company, bond company, or State Treasurer without first giving ten (10) days' written notice of intention to cancel to the municipality's City Clerk. 4. Every application for the issuance or renewal of a license for the sale of intoxicating or nonintoxicating liquor must include a copy of each suwmons received by the applicant under Minnesota Statutes, Section 340A.802, during the preceding year. 5. Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. 800.28 - BEER LICENSE REQUIRED It is unlawful for any person to sell or keep or offer for sale beer without a license therefore from the City. This Section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons licensed by the City to sellon-sale or off-sale beer . . or intoxicating liquors, nor shall this Section apply to sales to the public by persons licensed by the City to sellon-sale or off-sale intoxicating liquors. 800.30 - TEMPORARY BEER LICENSE - CONDITIONS 1. Applicant. A club or charitable, religious, or nonprofit organization, duly incorporated as a nonprofit or religious corporation under the laws of the State of Minnesota and having its registered office and principal place of activity within the City, shall qualify for a temporary on-sale beer license for serving beer on and off school grounds and in and out of school buildings. 2. Conditions. a. An application for a temporary license shall state the exact dates and place of proposed temporary sale. b. No applicant shall qualify for a temporary license for more than a total of seven (7) days in any calendar year. c. The Council may grant a temporary beer license on premises owned or controlled by the City, but at no time shall the Council be under any obligation whatsoever to do so. Any such license may be conditioned, qualified, or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $100,000.00 for injury to anyone (1) person and $100,000.00 for injury to more than one (1) person, naming the City as an insured during the license period. . 800.32 - BEER LICENSE RESTRICTIONS AND REGULATIONS 1. No gambling or gambling device shall be permitted on any licensed premises except such as are licensed under Minnesota Statutes, Section 349, et seg. 2. No licensee shall, during the effective period of such license, be the owner or holder of a federal retail liquor dealer's tax stamp for the sale of intoxicating liquor unless such owner or holder also holds a liquor license from the City; and ownership or holding thereof shall be grounds for immediate revocation without a hearing. . 3. No license shall be granted to a wholesaler or manufacturer of beer or to anyone holding a financial interest in such manufacture or wholesaling. . . . 4. No person who has not attained the age of twenty-one (21) years shall be employed to sell or serve beer in any on-sale establishment. 5. On-sale licenses shall be granted only to bona fide clubs, exclusive liquor stores, and restaurants and motels or hotels. 6. Every license shall be granted subject to the provisions of this Chapter and all other applicable provisions of the City Code and other laws relating to the operation of licensee's business. 800.34 - HOURS OF BEER SALES No sale of beer shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday, inclusive. Neither shall any beer sale be made on any Sunday between the hours of 1:00 a.m. and 10:00 a.m. 800.36 - UNLAWFUL ACTS (BEER) For the purpose of this Section, any person under twenty-one (21) years of age shall be considered a minor. It is unlawful for any: 1. Person other than the parent or legal guardian to procure beer for any minor. 2. Person to induce a minor to purchase or procure beer. 3. Minor to misrepresent his age for the purpose of obtaining beer. 4. Minor to consume any beer unless in the company of his parent or guardian. 5. Minor to have in his possession any beer with intent to consume the same at a place other than the household of his parent or guardian. Possession of such beer at a place other than the household of his parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his parent or guardian. 6. Licensee or his employee to sell or serve beer to any minor or to permit any minor to consume beer on the licensed premises or to permit any minor to loiter or to remain in the room where on-sale beer is being sold or served unless accompanied by his parent or legal guardian. 7. Minor to purchase beer either directly from a licensee or procure another, not his parent or guardian, to procure beer for him. 8. Person to knowingly induce another to make an illegal sale or purchase of beer. . . . 9. Licensee to sell or serve beer to any person who is obviously intoxicated. 10. Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises. Proof of age for the purpose of consuming, purchasing, or procuring beer may be established only by a valid driver's license or current Minnesota identification card issued pursuant to Minnesota Statutes, Section 171.07, or a valid alien passport. 11. Licensee to sell beer on any day or during any hour when such sales are not permitted by law. 12. Licensee to allow consumption of beer on licensed premises on any day when sales of beer are not permitted by law. 13. Person to purchase beer on any day or during any hour when sales of beer are not permitted by law. 800.38 - LIQUOR LICENSE REQUIRED It is unlawful for any person to sell or keep or offer for sale any liquor without a license therefore from the City. This Section shall not apply (1) to possession or handling for sale or otherwise of sacramental wine or to any representative of any religious order or for use in connection with a legitimate religious ceremony; (2) to such potable liquors as are prescribed by licensed physicians and dentists for therapeutic purposes; (3) to industrial alcohol and its compounds not prepared or used for beverage purposes; (4) to wine in the possession of a person duly licensed under this Chapter as an on-sale wine licensee; or (5) to sales by manufacturers to wholesalers duly licensed as such by the State of Minnesota and to sales by wholesalers to persons holding on- sale or off-sale licenses from the City. 800.40 - LIQUOR LICENSE RESTRICTIONS AND REGULATIONS 1. No license shall be granted to a wholesaler or manufacturer of liquor or to anyone holding a financial interest in such manufacturer or wholesaler. 2. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States if such permit be required under such laws or the State of Minnesota. 3. Every license shall be granted subject to the provisions of this Ordinance and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. . 4. No gambling or gambling device shall be permitted on any licensed premises except such as are licensed under Minnesota Statutes, Section 349, et seq. 5. No person under the age of twenty-one (21) years shall be employed upon premises or in any rooms constituting the same except that persons under the age of twenty-one (21) years may be employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant, hotel, or motel. 6. No licensee shall sell, offer for sale, or keep for sale liquor in any original package which has been refilled or partly refilled. 7. No licensee shall display liquor to the public during hours when the sale of liquor is prohibited. 8. No more than one (1) license shall be held by any person, within the City. For the purpose of this subdivision, any person owning a beneficial interest of five percent (5%) or more of any licensed establishment shall be considered a licensee. 9. On-sale licenses shall be granted only to hotels, motels, restaurants, bowling centers, clubs, fraternal clubs, and congressionally chartered veterans . organizations. 10. The Council may issue the number of licenses authorized by statute or restrict such number from time to time as it may, in its discretion, deem proper. . 800.42 - HOURS AND DAYS OF LIQUOR SALES Except as provided in Section 800.44, no sale of liquor shall be made after 1:00 a.m. on Sunday, nor until 8:00 a.m. on Monday, nor after 8:00 p.m. on December 24, nor between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. 800.44 - SUNDAY SALES Upon one public hearing, the Council may, by ordinance, permit sales of intoxicating liquor for consumption on the premises by hotels, motels, restaurants, bowling centers, or clubs, as herein defined, which have on- sale licenses and which also have facilities for serving not less than thirty (30) guests at one time, between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays in conjunction with the serving of food, provided that the licensee is in conformance with the Minnesota Clean Air Act. An establishment serving intoxicating liquor on Sunday must obtain a Sunday license for a period of one year. . . . 800.46 - UNLAWFUL ACTS (LIQUOR) For the purpose of this Section, any person under the age of twenty-one (21) years shall be considered a minor. It is unlawful for any: 1. Minor to misrepresent his age for the purpose of obtaining liquor. 2. Minor to consume liquor. 3. Minor to have liquor in his possession. 4. Minor to enter licensed premises for the purpose of purchasing or procuring liquor. 5. Person to knowingly induce another to make an illegal sale or purchase of liquor. 6. Licensee to sell liquor on any day or during any hour when sales of liquor are not permitted by law. 7. Person to purchase liquor on any day or during any hour when sales of liquor are not permitted by law. j 8. Minor to be in or upon licensed premises except a restaurant, hotel, or motel, and then only if accompanied by at least one (1) of his parents or guardians; and it is unlawful for the licensee to permit such person to remain upon licensed premises. 9. Licensee to sell or serve liquor to any person who is obviously intoxicated. 10. Licensee to sell or serve liquor to any minor. 11. Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises. Proof of age for the purpose of consuming, purchasing, or posses-sing liquor may be established only by a valid driver's license or current Minnesota identification card issued pursuant to Minnesota Statutes, Section 171.07, or a valid alien passport. 12. Person to furnish, purchase, or procure liquor for a minor unless by parent or guardian for consumption in the household of his parent or guardian. 13. Minor to purchase liquor or procure another to purchase liquor for him. 800.48 - SPORTS OR CONVENTION FACILITIES LICENSE The Council may authorize any holder of an on-sale liquor license issued by the City or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports or convention facility . owned by the City or instrumentality thereof having independent policy-making and appropriating authority and located within the City. The licensee must be engaged to sell liquor at such an event by the person or organization permitted to use the premises and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. Such sales may be limited to designated areas of the facility. All such sales shall be subject to all laws relating thereto. 800.50 - NONPROFIT ORGANIZATION TEMPORARY LICENSE The Council may issue to a club, charitable, religious, or other nonprofit organization in existence for at least three (3) years a temporary license for the on-sale of intoxicating liquor in connection with a social event held within the City and sponsored by the licensee. The license may authorize the on- sale of intoxicating liquor for not more than three (3) consecutive days and may authorize on-sale on premises other than premises the licensee owns or occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale intoxicating liquor license issued by the City. Temporary licenses are subject to all laws and ordinances governing the sale of intoxicating liquor except those relating to insurance required by state law and/or City Code (but not those requiring the furnishing of a bond as provided by law) and except those which by their nature are not applicable. Temporary licenses are not valid unless first approved by the Minnesota Commissioner of Public Safety. . 800.52 - ON-SALE WINE LICENSE REQUIRED 1. On-Sale Wine License Required. It is unlawful for any person to sell or keep or offer for sale any wine without a license therefor from the City. This Section shall not apply (1) to possession or handling for sale or otherwise of sacramental wine or to any representative of any religious order or for use in connection with a legitimate religious ceremony; (2) to sales by manufacturers to wholesalers duly licensed as such by the State of Minnesota; (3) to sales by wholesalers to persons holding on-sale or off-sale liquor licenses from the City; or (4) to sales by wholesalers to persons holding on-sale wine licenses from the City. 2. The holder of an on-sale wine license who is also licensed to sell beer at on-sale pursuant to Section 800.28 hereof and whose gross receipts are at least sixty percent (60%) attributable to the sale of food may sell intoxicating malt liquors at on-sale without an additional license. . . . . 800.54 - ON-SALE WINE LICENSE RESTRICTIONS AND REGULATIONS 1. No license shall be granted to a wholesaler or manufacturer of wine or to anyone holding a financial interest in such manufacture or wholesaling. 2. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States if such permit be required under such laws or the State of Minnesota. 3. Every license shall be granted subject to the provisions of this Chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. 4. No gambling or gambling device shall be permitted on any licensed premises except such as are licensed under the City Code and permitted pursuant to Minnesota Statutes, Section 349 et seq. 5. No person under the age of twenty-one (21) years shall be employed upon premises or in any rooms constituting the same except that persons under the age of twenty-one (21) years may be employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant. Persons under twenty-one (21) years of age may be employed as waiters or waitresses in places defined as a restaurant, hotel, or motel to serve food in rooms in which only wine is sold on-sale provided they shall not be permitted to serve or sell wine. 6. No licensee shall display wine to the public on days or during hours when the sale of wine is prohibited. 7. No more than one (1) license shall be held by any person. For the purpose of this subdivision, any person owning a beneficial interest of five percent (5%) or more of any licensed establishment shall be considered a licensee. 8. On-sale wine licenses shall be granted only to restaurants as defined in this Chapter; provided, however, for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than twenty- five (25) guests at one time. 800.56 - HOURS AND DAYS OF SALES OF WINE BY ON-SALE WINE LICENSEES The hours and days of sales of wine by on-sale wine licensees shall be in conformance with Section 800.42 of this Chapter. A special Sunday license is not required for sales by wine licensees. . . . 800.58 - UNLAWFUL ACTS (WINE) For the purpose of this Section, any person under twenty-one (21) years of age shall be considered a minor. It is unlawful for any: 1. Minor to misrepresent his age for the purpose of obtaining wine. 2. Minor to consume wine. 3. Minor to have wine in his possession. 4. Minor to enter licensed premises for the purpose of purchasing or procuring wine. 5. Person to knowingly induce another to make an illegal sale or purchase of wine. 6. Licensee to sell wine on any day or during any hour when sales of wine are not permitted by law. 7. Person to purchase wine on any day or during any hour when sales of wine are not permitted by law. 8. Licensee to sell or serve wine to any person who is obviously intoxicated. 9. Licensee to sell or serve wine to any minor. 10. Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises. Proof of age for the purpose of consuming, purchasing, or possessing wine may be established only by a valid driver's license or current Minnesota identification card issued pursuant to Minnesota Statutes, Section 171.07, or a valid alien passport. 11. Person to furnish, purchase, or procure wine for a minor. 12. Minor to purchase wine or procure another to purchase wine for him. 13. Licensee to sell wine except in conjunction with the sale of food. 800.60 - ADDITIONAL CLUB LICENSEE RESTRICTIONS AND REGULATIONS AND UNLAWFUL ACTS 1. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this Chapter relating to sales and purchases of beer or liquor as the case may be: a. Special club licenses shall be issued only to incorporated clubs which have been in existence for . fifteen (15) years or more or to congressionally chartered veterans organizations which have been in existence for ten (10) years. b. It is unlawful for any club licensee to serve beer or liquor to -any nonmember of the licensed club unless such nonmember is a guest. c. It is unlawful for any club licensee to hinder or prevent a police officer from determining compliance with this Section and Chapter and all other laws. d. It is unlawful for any person to refuse, upon request of a licensee or police officer, to provide information as to whether he or she is a member, guest, or host member or to give false, fraudulent, or misleading information in response to such request. 800.62 - MUNICIPAL DISPENSARY . 1. Establishment. A municipal dispensary is hereby established to be operated within the City for the sale of liquor potable as a beverage and containing more than 3.2 percent of alcohol by weight. Such dispensary shall be at such place or places as the Council shall determine and may be either leased or owned by the City. It shall be in the charge of a person known as the manager who shall have such assistants as may be necessary. All employees, including the manager, shall hold their positions at the pleasure of the Council. 2. Dispensary Fund. A liquor dispensary fund is hereby created into which all revenues received from the operation of the dispensary shall be paid and from which all operating expenses shall be paid. Any surplus accumulating in this fund may, from time to time, be transferred to the general fund by resolution of the Council and expended for any municipal purpose. 800.64 - VIOLATION A MISDEMEANOR Every person violates a section, subdivision, paragraph, or provision of this Chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. Passed and adopted this 4th day of June, 1990. Effective upon publication. J~ ff --;;::& . Mayor James Tralle . . . . ATTEST: TJK:EB7s Affidavit of Publication STATE OF MINNESOTA ) )88. COUNTY OF SHERBURNE) I being duly 8worn, on oath 8~ 8 that he/she is the publisher or authorized agent and employee of the publisher of the newspa- per 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 applicaLle laws, as amended. . (B)Theprinted_-(l;;:tW qO -(j pte' . d'lp.r~stigation Feee' which is attached was cut from the columns of said newspaper, and was printed and published once each week, for ~~~~; cessive weeks; it was rITst published on Wednesday, the d.... u-r-l day of ~ ,19~, and was thereafter printed an published on every Wednesday to and including Wednesday, the day of ,19_; 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. C . ... ,. 80{).OS -'LimitaU9 9f Ownership 809.10 . C9ncU~oJUd Licel1lM!l . , 800.12 - .Pre~ Licenfled ' 800.14 . UnI4wful Act. 1. Consumption . ~. Removal of CQntlliner . 3. CJ.p~Qg ..'. . 8OO.J8 ..' C9pdllct' 9,11 Licel18ed Premisee . . . 8oo.:is: Sale Qy ~mployee ' ,800.20. . Principal Part of Buai- ne.. . . ,', soo.22 - Ucense Condition and UnI4wful Act' . 800.24 . Fixu.,g Ucel18e and mves- tigation Fees a b cd e fg h ij k 1m n 0 p q r s t u v w x y z :c:!)~/~ J 'd..f). - day of Subscribed and sworn to before me on this Ck C ~-~ ,19l0., . i' )../j..J(,')/}l . .lrJu/yyv..-1'-~~) Notary p~ r~~HIIU; nH.##<HII#I#"#~ ...;......". ..... ~ . ; .'"' .... SKI.". 10 . MINNESOTA . ANOKA COUNTY '" .~. My Commission Explres June 10. 199<1 . #4#1###''.J ~rie=o'::el18e'Re~~ictions (Contains prohibition on gambling or gambling deVices on any licensed prem- ises except such as !ll'e licensed under Minn. Stat. 349) 800,34 - Hour. of Beer Sales 800.38. - UnI4wful Act. (Beer) 800.38 LiCNor License ReCNired . 800.40 . Liquor LiceWie Restric- tion and Regulations (Ccmtains prohibition on gambling, except as permitted by Minn. Stat. 349) . 800.42. HoUl'll and Days of Liquor S~M . Sunday Sale. ... 800.48 - UnI,awful Acts (Liquor) . 800.48 . Sport. or- Conv4'mion FIM'Uitielil Licel18e '. .' . _.1$0 - Nonpl'Otit Qrgan:iz~ti9n Temporary License .. ReS:~eci . O~.&lle. Wm4' . Lic.nse 800.64 . On Sale Wine Licel18e R8.trictions and ReguIations . 800.68 -lIoUl'll ~nd Days of Sales of Wine ByOn.s.Ie. Wine Llcenseelil 8OO;1i8 r UnI4wful Acte <Wipe) 800.80 . Additional Club Licensee Re8triction.~~ Replations and unlawful Act. ..' . 800.82 - Municipal Dispensary 1. Establishment 2. Dispensary Fund 800.84 . Violatioll a Misd~qJ.eanor . , The above description of the Ordi- TI!ll\ce illllsummary. ~ complete copy of ,the ,(lrdiqllnce revisions are available , for review at t~gmce of,the Ci~ <;)Jerk at the Elk River City H!llland at the Elk RiVQr Library. ' PasSed and adopted this 4th day of June, 1990. .Effective upal\. pubUcation. .' . Mayor James Tra1le ~TTE~T: ~lln(lr1J 'l'haclterily, City Clerk , (Jn20). ' ,'.!<'j:~! i:,:i,J-':~: .'<.. RATE INFO (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ t ;tL~() $~t\d- $ II. <:(.,()-..