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HomeMy WebLinkAbout0298 M. ORDINANCE N0. 298 • CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTERS ONE, TWO AND THREE, OF THE LAKEVILLE CITY CODE CONCERNING INTOXICATING LIQUORS, NONINTOXICATING MALT LIQUORS, AND WINE The Lakeville City Council ordains as follows: Section 1. Section 3-1-1 of the Lakeville City Code is amended by changing the reference. to Chapter 340 to 340A. Section 2. Section 3-1-3 of the Lakeville City Code is amended to read: License Required: A. No person, except as provided in Minn. Stat. 340A.301, Subd. 1 and 8, 340A.510, and manufacturers and wholesalers to the extent authorized by law, shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor without first having received a license to do so as provided in this Chapter; nor shall any private club or public place, directly or indirectly or upon • any pretense or by any device, allow the consumption or display of intoxicating liquor or serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a license therefor from the City as provided in this Chapter. B. Holders of an on-sale intoxicating liquor license are exempt from the requirement that an on-sale nonintoxicating license be obtained, and off-sale intoxicating liquor licensees are exempt from the. requirement that an off-sale nonintoxicating liquor license be obtained before selling nonintoxicating malt liquor. Section 3. Section 3-1-4 of the Lakeville City Code is amended by adding subsections E, F, and G to read: E. "On-Sale Wine License": On-sale wine licenses may be issued for the sale of wine not exceeding fourteen percent (14Yo) alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. An on-sale wine license may be issued only to a restaurant having facilities for seating at least twenty-five (25) guests at one time. F. "On-Sale Nonintoxicating Malt Liquor License": On-sale • nonintoxicating malt liquor licenses shall be granted only to bona fide clubs, beer stores, restaurants and hotels where food is prepared and served for consumption on the premises. On-sale nonintoxicating liquor licenses • shall permit the sale of beer for consumption on the premises only. G. "Off-Sale Nonintoxicating Malt Liquor License": Off-sale nonintoxicating malt liquor licenses shall permit the sale of beer at retail, in the original package, for consumption off the premises only. Section 4. Section 3-1-4(B) of the Lakeville City Code is amended by amending the reference to "Section 340.11, Subd. 1" to read "Section 340A.404, Subd. 1". Section 5. Section 3-1-4(D) of the Lakeville City Code is amended by amending the reference to "Section 340.114" to read "Section 340A.414". Section 6. Section 3-1-5.2(B4) of the Lakeville City Code is amended by deleting the reference to "Section 340.07, Subd. IS" in Subparagraph C and replacing it with "Section 340A.101, Subd. 7 and 340A.404, Subd. 1" and by deleting the reference to "Section 340.11" in Subparagraph F and replacing it with "Section 340A.404, Subd. 1 and 340A.101, Subd. 7". Section 7. The first sentence of Lakeville City Code Section 3-1-6.1 its amended to read: • At the time of making an initial application, rene:•aal applica- tion, or request for a new operating officer, the applicant shall, in writing, authorize the Lakeville Police Department to investigate all facts set out in the application and do a personal background and felony criminal record check on the applicant. Section 8. Section 3-1-6.2 of the Lakeville City Code is amended by adding the following: D. The cost of all hearings except uncontested, routine renewal hearings shall be borne by the applicant. E. The provisions of this section shall not apply to applica- tions for temporary licenses. Section 9. Section 3-1-7.1(A) of the Lakeville City Code is amended by adding the following: "On-Sale" Nonintoxicating Malt Liquor License $150.00 Temporary Nonintoxicating Malt Liquor License $ 50.00 Wine 5500.00 Temporary Consumption and Display License $100.00 Investigation Fees: • Single Natural Person $ 75.00 Partnership $150.00 Corporation, Other $300.00 Change in Ownership $ 50..00 _2_ Section 10. Section 3-1'-7.3 of the Lakeville City Code is • amended by changing the reference to "Section 340.112" to "Section 340A.408". Section 11. The first Tine of Section 3-1-8.1(B) of the Lakeville City Code is amended by adding the following: "or nonintoxi- cating malt liquor" after °intoxicating liquor". Section 12. Section 3-1'-8.5 of the Lakeville City Code is amended by changing the reference to "Chapter 340" to "Section 340A.504". Section 13. Section 3-1'-8.13 of the Lakeville City Code is amended by adding the following: D. Corporations holding licenses shall submit written notice to the City Clerk of any change in operating officers at least thirty (30) days prior to the effective date of such change. The written notice shall designate the new operating .officer and shall contain all of the infor- mation about said person as is required of a single applicant in Section 3-1-5(B). The new operating officers shall be subject to the investigation required by Section 3-1-6.1. Investigation fees shall be as determined by the City Council pursuant to Section 3-1-7.1(C). • E. The designation of a new operating officer shall not cause the corporation's license to become invalid before a decision is rendered by the City Council provided proper notice and application are made pursuant to Section 3-1-8.12(D). A proposed new operating officer shall be referred to as the interim operating officer. In the event an interim operating officer is rejected by the City Council, the corporation shall designate another .interim operating officer and make the required application pursuant to Section 3-1-5.1(B) within fifteen (15) calendar days of the Council's decision. In any event, a corporation shall be limited to two (2) successive interim operating officers. Section 14. Section 3-1-9.1 of the Lakeville City Code is amended to read as follows: Bonds: At the time of filing an application for an on-sale intoxicating liquor or wine license, the applicant shall file a bond or cash in the amount of five thousand dollars ($5,000.00) with the City Clerk in accordance with the require- ments and subject to the conditions of Minn. Stat. 340A.412. Section 15. Section 3-1-9.2 of the Lakeville City Code is amended to read as follows: • Liability Insurance: All applicants for any type of intoxicating liquor, nonintoxicating malt liquor, or wine license to be issued or renewed after August 1, 1983 must, as a condition -3- to the issuance of the license, demonstrate proof of financial • responsibility with regard to liability imposed by Minn. Stat. Section 340A.801 to the City. This Section does not apply to nonintoxicating malt liquor licensees who, by affidavit, establish that they had sales of less than ten thousand dollars ($10,000.00) of nonintoxicating malt liquor for the preceding year, or off-sale nonintoxicating malt liquor licensees with sales of less than twenty thousand dollars ($20,000.00) of nonintoxicating malt liquor for the preceding year, or to holders of on-sale wine licenses with sales of less than ten thousand dollars ($10,000.00) of wine for the preceding year. Proof of financial responsibility may be given by filing one of the following: A. A certificate that there is in effect for the period of the license an insurance policy or pool providing the following minimum coverage: 1) Fifty thousand dollars ($50,000.00) because of bodily injury to any one person in any one occurrence and, subject to the limit for one person, in the amount of one hundred thousand dollars ($100,000,00) because of bodily injury to two (2) or more persons in any one occurrence, and in the amount of ten thousand dollars ($10,000.00) because of injury to or destruction of property of others in any one occurrence. • 2) Fifty thousand dollars ($50,000.00) for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, one hundred thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in any one occurrence; or B. A bond of a surety company with the minimum coverage as provided in Subsection (A) of this Section; or C. A certificate of the State Treasurer that the licensee has deposited with him one hundred thousand dollars ($100,000.00) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of one hundred thousand dollars ($100,000.00). Notwithstanding any other provisions of this Chapter regarding suspension of licenses, if the insurance or other evidence of financial responsibility lapses during the term of any on-sale licenses issued under this Chapter, then such lapse shall act as an automatic suspension of the license. Notice of cancellation of liquor liability insurance or other evidence of financial responsibility shall serve as notice to the licensee of the impending suspension. If evidence of compliance with the financial responsibility requirement is not presented • to the City Clerk or other licensing authority before termination is effective, the license shall be deemed suspended immediately upon lapse. -4- • Section 16. Sections 3-1-9.3, 3-1-9.4 and 3-1-9.5 of the Lakeville City Code are repealed. Section 17. Lakeville City Code Section 3-1-11 is amended by adding the following: G. No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments or other financial claims of the City or of the State are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stat. Chapter 278, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. Section 18. Sections 3-1-12.1(A), (B) and (C) of the Lakeville City Code is amended by changing the reference to "minor" to "person under the legal drinking age". Section 19. Section 3-1-12.2 of the Lakeville City Code is amended by changing the word "beer" to "nonintoxicating malt • liquor". Section 20. Section 3-1-12.3 of the Lakeville City Code is amended to read: Identification Requirements: A. Identification Required: Any person, shall, upon demand of the licensee, his employee or agent, produce and permit to be examined a current driver's license or non- qualification certificate issued by the State Department of Public Safety. In the case of a foreign national, a valid passport may be used as an alternative to the foregoing methods of identification. B. Prima Facie Evidence: In every prosecution for a violation of the provisions of this Section relating to the sale or furnishing of intoxicating liquor or nonintoxicating malt beverages to persons under the legal drinking age, and in every proceeding before the Council with respect thereto, the Fact that the person involved has obtained and presented to the licensee, his employee or agent, a driver's license, passport, or non-qualification certifi- cate issued by the Department of Public Safety, from which it appears that said person was not under the legal • drinking age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his .agent or employee is not guilty of a violation of .such a provision and shall be conclusive evidence that _S_ a violation, if one has occurred, was not wilful or inten- tional. Section 21. Section 3-1-14.2 of the Lakeville City Code is amended to read as follows: 3-1-14.2 Inactive License: The City Council may revoke the intoxi- cating liquor or nonintoxicating malt liquor license of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within six (6) months from its issuance, or any establishment that ceases operation for a period of six (6) months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license. 3-1-14.3 Hearing Notice: Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten (10) days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding thirty (30) days. • The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension shall exceed sixty (60) days. Section 22. Section 3-1-16 of the Lakeville City Code is added to read as follows: Temporary Licenses: A. Temporary Nonintoxicating Malt Liquor License: The City Council may issue a temporary on-sale license for the sale of nonintoxicating malt liquor to a club, charitable religious or non-profit organization. The temporary license shall be subject to such terms and conditions as the Council shall subscribe. Except where specifically excluded, applicants for temporary licenses shall be subject to the provisions of this Chapter. B. Temporary Consumption and Display License: The City Council may issue to a club or charitable religious or non-profit 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 within the City 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-sales on premises other than premises the licensee owns or _g_ permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale liquor license issued by a municipality. The licenses are subject to the terms, including the license fee, normally imposed by the City. The licenses issued under this Section are subject to all laws and ordinances governing the sale of intoxicating liquor except Minn. Stat. 340A.409, dealing with liability insurance. Temporary licenses must first be approved by the Commissioner of Public Safety before they become valid. Section 23. Title 3, Chapters 2 and 3 of the Lakeville City Code are deleted in their entirety. Section 24. This ordinance shall be effective immediately following its passage and publication. Adopted by the Lakeville City Council this 18th day of August 1986. CITY 0 AKEVIL BY: , L~ D ANE R. ZAUN ayor i~ AT S Patrick E. c ar , City Clerk/Administrator PUBLIC NOTICE ORDINANCE NO. 298 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTERS ONE, TWO AND THREE, OF THE LAKEVILLE CITY CODE CONCERNING INTOXICATING LIQUORS, NONINTOXKATING MALT LIQUORS, AND WINE The Lakeville City Council o chins as follows: Section 1. Section 3-1-1 of the Lakeville City Code is amended by changing the reference to Chapter 340 to 340A. Section 2. Section 3-1-3 of the Lakeville City Code is amended to read: License Required: A. No person, except as provided in Minn. Stat. 340A.301, Subd. 1 and 8, 340A.510, and manufacturers and wholesalers to the ex - Section •34t)A:801' x- Section'3voA.1wP t' the City. 1 - This Section does not apply to nonintoxi- m cating malt liquor licensees who, by af- d fidavit, establish that they had sales of less s than ten thousand dollars ($10,000.00) of y nonintoxicating malt liquor for the (- preceding year, or off -sale nonintoxicating y malt liquor licensees with sales of less y than twenty thousand dollars ($20,000.00) of nonintoxicating malt liquor for the 1. preceding year, or to holders of on -sale 1 wine licenses with sales of less than ten The notice shall give at least ten (10) days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding thirty (30) days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension shall ex- ceedsixty (60) days. Section 22. Section 3-1-16 of the Lakeville Ci- ty Code is added to read as follows; Temporary Licenses: A. Temporary Nonintoxicating Malt Li- quor License: The City Council may issue , a temporary on -sale license for the sale of nonintoxicating malt liquor to a club, t charitable religious or non-profit organiza- tion. The temporary license shall be sub- r ject to such terms and conditions as the Council shall subscribe. Except where specifically excluded, applicants for tem- porary licenses shall be subject to the pro- visions of this Chapter. B. Temporary Consumption and Display License: The City Council may issue to a club or charitable religious or non-profit 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 within the City spon- sored by the licensee. The license may 1 authorize -the on -sale of intoxicating liquor 3, for not more than three (3) consecutive' days, and may authorize on -sales on I I premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may con- I tract, for intoxicating liquor catering ser- viceg with the holder of a full -year on -sale liquor license issued by a municipality. The licenses are subject to the terms, in- eluding the license fee, normally imposed Il by the City. The licenses issued under this '0 Section are subject to all laws and or- dinances governing the sale of intoxicating 0 liquor except Minn. Stat. 340A.409, dealing with liability insurance. Temporary ?d licenses must first be approved by the IS Commissioner of Public Safety before they become valid. �l Section 23. Title 3, Chapters 2 and 3 of the:I& Lakeville City Code are deleted in their en- tirety. Section 24. This ordinance shall be effective ltd immediately following its passage and publication. tOZ Adopted by the Lakeville City Council this t 18th day of August, 1986. 1.11.City of Lakeville 30 BY: DUANE R. ZAUN Mayor ATTEST: PATRICK E. McGARVEY City Clerk/Administrator 303 �10 ina 30 Jan AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07 and other applicable lows, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once -week, for suceesswe weeks; it was first published on Thursday, the c' - { 4 day of 19 Thursday, the , and was thereafter printed and published on every Thursday to and including 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: abcdefghijklmnopqrstuvwxyz BY. TITLE: Secretary #dthe gyblisher Subscribed and sworn to before me on th ` }, (S day of Notary Public 0A -117-L ,19 f4" CFGXAYe)lk_ �5Z '�� " :•: CAROL J. HAYERLAN ° 1 NOTARY ARY Pt1EL!C — DAKOTA COUNTY My Commission Expires Doc. 3. IOW