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HomeMy WebLinkAbout0837 ORDINANCE N0.837 CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 3, Chapter 1 of the Lakeville City Code is amended by adding Section 3-1-8-14 to provide: 3-1-8-14: PATIO. A. Statement of Policy: The issuance of an "on-sale liquor", "special club intoxicating liquor", "on-sale wine", or "on-sale 3.2 percent malt liquor" license pursuant to the City Code will be limited o the sale and consumption of alcoholic beverages inside of a structure on the licensed premises, unless the licensee applies for and receives approval from the City Council for a patio to allow the sale and consumption outside of a structure on the. licensed premises. B. Definitions: 1. "Patio" means any outdoor area located on the premises used for serving food or alcohol. C. Regulations: 1. The patio shall not be enclosed in such a manner that the space becomes an indoor area as defined by Minnesota State Statute. 2. The patio shall be attached to the licensed premises and share at least one common wall with the licensed premises building in accordance with Minnesota State Statute. The patio shall not be part of a public street, sidewalk or other public grounds.. 3. Access to the patio shall be directly from the licensed premises with no direct access other than emergency exits. 4. The patio shall be clearly delineated by an approved fence at least 42 inches in height or some other approved structure or barrier that is compact and contiguous to prevent the ingress or egress of persons to and from the patio, 5. Panic and fire exit hardware shall be installed on the emergency exit gates that are equipped with latches and shall comply with the Minnesota Building Code. 6. Patio screening may be required if the premises is adjacent to a residential district, consistent with the Fencing/Screening/Landscaping provisions of the Lakeville City Code. 4/22/2008 7. Liquor, food, or music shall not be served, dispensed, possessed, displayed or furnished on a patio located within one hundred fifty (150) feet of a residential district between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. 8. The patio shall be incompliance with the building setback requirements of the respective zoning district of the Lakeville City Code. 9. 'The licensee shall pay the additional number of City and Metropolitan Council S.A.C. units as determined by the Metropolitan Council Environmental Services for the additional seating according to the type of service to be provided. 10. The premises shall be in compliance with the Parking provisions of the Lakeville City Code. 11. The patio shall have sufficient vehicle barriers installed to reduce the entry of vehicles into the patio if it is in direct contact with or immediately adjacent to a vehicle parking area. 12. The patio shall be in compliance with the Noise Amplification and Dancing & Outdoor Entertainment provisions of the Lakeville City Code. 13. The patio shall be in compliance with the Glare provisions of the Lakeville City Code. 14. The. patio shall be in compliance with the Sign provisions of the Lakeville City Code. D. 1. The patio application shall contain a detailed description and site plan of the entire premises including the following: distance of the proposed patio.. from all property lines; current size and seating capacity of the licensed building; proposed patio size and seating capacity including table, chair, and aisle arrangements; current parking capacity and additional number of parking stalls required; additional number of City and Metropolitan Council S.A.C units as determined by the Metropolitan Council Environmental Services; fence and/or landscape barrier type and height; .emergency exit gate hardware and locations; and vehicle barrier type and locations. 2. The complete patio application and site plan must be submitted to the City Clerk for review and comment by the City Clerk, Planning Department, Inspections Department, and Police Department, before submission to the City Council for consideration of approval. City staff will review the patio application within thirty (30) days of receipt of a complete application for the applicable fire, building codes and zoning codes; past performance of the licensee in maintaining order and obeying applicable laws in the principal licensed premises; the adequacy of the proposal to provide for the safety of persons on the proposed premises; impacts on the surrounding properties including lighting and noise levels; and suitability of ingress and egress arrangements including. control of persons entering and leaving for purposes of preventing consumption by minors. 3. If the patio application is approved by the City Council, the licensee will be required to obtain and pay for any necessary City permits and fees. SECTION 2. Effective Date. This ordinance shall be effective upon passage and publication in accordance with law. ADOPTED this 21st day of April, 2008, by the City Council of the City of Lakeville, Minnesota. 2 CITY O L!AKEVILLE BY: ly D 1, yor 1~ES Charlene Friedges, Cit Clerk 3 PUBLIC NOTICE ORDINANCE NO. 837 CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 3, Chapter 1 of the Lakeville City Code is amended by adding Section 3-1-8-14 to provide: 3-1-8-14: PATIO. A. Statement of Policy: The issuance of an "on -sale liquor", "special club intoxicating liquor", "on -sale wine", or "on -sale 3.2 percent malt liquor" license pursuant to the City Code will be limited to the sale and consumption of alcoholic beverages inside of a struc- ture on the licensed premises, unless the licensee applies for and receives approval from the City Council for a patio to allow the sale and consumption outside of a structure on the licensed premises. B. Definitions: 1. 'Patio" means any outdoor area located on the premises used for serving food or alcohol. C. Regulations: 1. The patio shall not be enclosed in such a manner that the space becomes an indoor area as defined by Minnesota State Statute. 2. The patio shall be attached to the licensed premises and share at least one common wall with the licensed premises building in accordance with Minnesota State Statute. The patio shall not be part of a public street, sidewalk or other public grounds. 3. Access to the patio shall be directly from the licensed premises with no direct access other than emergency exits. - 4. The patio shall be clearly delineated by an approved fence at least 42 inches in height or some other approved structure or barrier that is compact and contiguous to prevent the ingress or egress of persons to and from the patio. 5. Panic and fire exit hardware shall be installed on the emergency exit gates that are equipped with latches and shall comply with the Minnesota Building Code. 6. Patio screening may be required if the premises is adjacent to a residential district, consistent with the Fencing/Screening/Landscaping provisions of the Lakeville City Code. 7. Liquor, food, or music shall not be served, dispensed, possessed, displayed or furnished on a patio located within one hundred fifty (150) feet of a residential district between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. 8. The patio shall be in compliance with the building setback requirements of the respective zoning district of the Lakeville City Code. 9. The licensee shall pay the additional number of City and Metropolitan Council S.A.C. units as determined by the Metropolitan Council Environmental Services for the additional seating according to the type of service to be provided. 10. The premises shall be in compliance with the Parking provisions of the Lakeville City Code. 11. The patio shall have sufficient vehicle barriers installed to reduce the entry of vehicles into the patio if it is in direct contact with or immediately adjacent to a vehicle parking area. 12. The patio shall be in compliance with the Noise Amplification and Dancing & Outdoor Entertainment provisions of the Lakeville City Code. 13. The patio shall be in compliance with the Glare provisions of the Lakeville City Code. 14. The patio shall be in compliance with the Sign provisions of the Lakeville City Code. D. 1. The patio application shall contain a detailed description and site plan of the entire premises including the following: distance of the proposed patio from all property lines; current size and seating capacity of the licensed building; proposed patio size and seating capacity including table, Chair, and aisle arrangements; current parking capacity and additional number of parking stalls required; additional number of City and Metropolitan Council S.A.0 units as determined by the Metropolitan Council Environmental Services; fence and/or landscape barrier type and height; emergency exit gate hardware and locations; and vehicle barrier type and locations. 2. The complete patio application and site plan must be submitted to the City Clerk for review and comment by the City Clerk, Planning Department, Inspections Department, and Police Department, before submission to the City Council for consideration of approval. City staff will review the patio application within thirty (30) days of receipt of a complete application for the applicable fire, building codes and zoning codes; past performance of the licensee in maintaining order and obeying applicable laws in the principal licensed premises; the adequacy of the proposal to provide for the safety of persons on the proposed premises; impacts on the surrounding properties including lighting and noise levels; and suitability of ingress and egress arrangements including control of persons entering and leaving for purposes of preventing consumption by minors. 3. If the patio application is approved by the City Council, the licensee will be required to obtain and pay for any necessary City permits and fees. SECTION 2. Effective Date. This ordinance shall be effective upon passage and publication in accordance with law. ADOPTED this 21st day of April, 2008, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Holly Dahl, Mayor ATTEST: Charlene Friedges, City Clerk 1175657 4/26/08 AFFIDAVIT OF PUBLICATION )F MINNESOTA) SS If Dakota JOHNSON, being duly sworn, on oath says that he is an authorized 3loyee of the publisher of the newspaper known as Thisweek and has 'Cull knowledge of the facts which are stated below: awspaper has complied with all of the requirements constituting is a legal newspaper, as provided by Minnesota Statute 331A.02, Cher applicable laws, as amended. ited Legal Notice which is attached was cut from the columns of said Id was printed and published once each week, for one successive first published on Saturday, the 26'" day of April, 2008, and was ted and published on every Saturday to and including Saturday, the ril, 2008; altd printed below is a copy of the lower case alphabet from A usive, which is hereby acknowledged as being the size and kind of he composition and publication of the notice: abcdefghijklmnopgrstuvwxyz BY TITLE: Managing Editor and sworn to before me on this 26`" day of April, 2008. ra, Notary Public EVA ELISABETH MOONEY NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2010