HomeMy WebLinkAboutItem 06.nMarch 29, 2011
Proposed Action
Staff recommends adoption of the following motion: Adopt ordinance amending Title 3,
Chapter 1 of the Lakeville City Code concerning alcoholic beverages.
Overview
ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE
LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES
The City Clerk is recommending several amendments to the City Code related to liquor
licensing. Many of these are housekeeping in nature and address some obsolete
language in the code. Changes in public hearing requirements will help streamline the
administrative process for the license applicants. The proposed ordinance was
prepared by the City Attorney and reviewed by the City Council at your March 28 work
session. The ordinance would become effective immediately upon adoption.
Primary Issues to Consider
See attached report.
Supporting Information
➢ City Clerk's report outlining proposed amendments
➢ Redlined ordinance with the proposed changes
➢ Ordinance for adoption
Charlene Friedges, Cit
Item No.
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Memorandum
To: City Council
From: City Clerk
Copy: City Administrator
Date: March 25, 2011
Subject: Liquor Ordinance Amendment
City of Lakeville
Administration
The City Council is being asked to consider several amendments to the City Code
related to liquor licensing. Many of these are housekeeping in nature and address
some obsolete language in the Code. The proposed changes are as follows:
Notice of Hearing: City Code currently requires the City Council to instruct the
Clerk to publish the public hearing notice 10 days in advance of the hearing.
Analysis: Last December, D & D Restaurants submitted a liquor license application
to take over operation of the Molly Cool's restaurant. The Police Department
expedited its background investigation on the applicant, who had previously held a
3.2 malt liquor license. However, we couldn't schedule the public hearing until after
the City Council received the application and instructed the Clerk to do so.
Recommendation: Allow the City Clerk to publish the public hearing notice upon
receipt of the report and recommendation by the Police Department.
Hearing on Renewal Applications: City Code currently requires the City Council
to hold a public hearing to consider renewal applications upon 10 days published
notice in the official newspaper.
Analysis Last year, Ronin Cafe was not able to submit its liquor license renewal
application in time for the June 21 public hearing due to a financial hardship. The
renewal application was submitted on June 28 however, a public hearing could not
be scheduled until 10 days published notice was given. As a result, there was a
three week lapse in the liquor license at this establishment.
Recommendation: Eliminate the requirement for a public hearing on renewal
applications. The City Council would continue to receive a report and
recommendation by the Police Department. This would not preclude discussion by
the Council or members of the public prior to the Council granting renewals.
Hours of Operation: City Code only references 3.2 percent malt liquor; it should
apply to all liquor.
Ownership of Equipment: City Code states that no equipment or fixture shall be
owned by any manufacturer or distiller. City Attorney concurs that this requirement
is not necessary.
Liability Insurance: The language in the City Code is inconsistent with Minnesota
Statutes. City Attorney recommends that requirements of Minnesota Statute should
be incorporated by reference.
Persons Ineligible for License: City Code implies that license shall not be
granted if a manager is not eligible pursuant to the provisions of this chapter. City
Code also states that licenses shall not be renewed if the licensee is not a resident
of the State of Minnesota.
Analysis: Police Department has indicated that the BCA does not allow release of
information on anyone except the license applicant. Residency requirement is not in
State Statute and has not been enforced in Lakeville.
Recommendation: Change Manager to Operating Officer and delete residency
requirement.
Consumption in Public: This section is redundant with 3- 1- 12 -1C. City Attorney
concurs that this section can be deleted.
Attachments
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Sections 3- 1- 6 -2(A) and 3- 1- 6 -2(C) of the Lakeville City Code are
amended to provide:
A. Notice of Hearing: Upon receipt of the written report and recommendation by the Police
Department, and within twenty (20) days thereafter, the Clerk shall cause to be published in
the official newspaper ten (10) days in advance, a notice of hearing to be held by the Council,
setting forth the date, time and place when the hearing will be held, the name of the
applicant, the premises where the business is to be conducted, the nature of the business and
such other infouuation as the Council may direct.
C. Hearing on Renewal Applications: Hearings are not required on renewal applications.
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ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 1
OF THE LAKEVILLE CITY CODE CONCERNING
ALCOHOLIC BEVERAGES
SECTION 2. Section 3 -1 -8 -5 of the Lakeville City Code is amended to provide:
The provisions of Minnesota Statutes Section 340A.504, with reference to the hours of
sale are hereby adopted and made a part of this chapter as if fully set out herein. Persons
other than employees of the licensee may not be in the premises from thirty (30) minutes
after the sale of 3.2 percent malt liquor or intoxicating liquor is prohibited until thirty (30)
minutes before the sale is permitted.
SECTION 3. Section 3- 1 -8 -8, of the Lakeville City Code is deleted.
SECTION 4. Section 3- 1 -9 -2, of the Lakeville City Code is amended to provide:
All applicants for any type of intoxicating liquor, 3.2 percent malt liquor, or wine license,
must, as a condition to the issuance of the license, maintenance of the license and renewal
of the license, demonstrate proof of financial responsibility with regard to liability
imposed by Minnesota Statutes, Section 340A.801 to the city. The minimum
requirements for proof of financial responsibility are set forth in Minnesota Statutes
Section 340A.409.
ATTEST:
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SECTION 5. Section 3- 1- 11 -11(C) of the Lakeville City Code is amended to provide:
C. Operating Officer: No license shall be granted to a corporation that does not have an
operating officer who is eligible pursuant to the provisions of this Chapter.
SECTION 6. Section 3- 1- 11(E), of the Lakeville City Code is deleted.
SECTION 7. Section 3 -1 -13 of the Lakeville City Code is deleted.
SECTION 8. Effective Date. This ordinance shall be effective upon passage and
publication.
ADOPTED this 4th day of April, 2011, by the City Council of the City of Lakeville,
Minnesota.
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
BY:
2
Mark Bellows, Mayor
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Sections 3- 1- 6 -2(A) and 3- 1- 6 -2(C) of the Lakeville City Code are
amended to provide:
A. Notice of Hearing: Upon receipt of the written report and recommendation by the Police
Department, and within twenty (20) days thereafter,,the Clerk shall,cause to be published in
the official newspaper ten (10) days in advance, a notice of hearing to be held by the Council,
setting forth the date, time and place when the hearing will be held, the name of the
applicant, the premises where the business is to be conducted, the nature of the business and
such other information as the Council may direct.
C. Hearing on Renewal Applications: Hearings are not required on renewal applications„
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ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 1
OF THE LAKEVILLE CITY CODE CONCERNING
ALCOHOLIC BEVERAGES
SECTION 2. Section 3 -1 -8 -5 of the Lakeville City Code is amended to provide:
The provisions of Minnesota Statutes Section 340A.504, with reference to the hours of
sale are hereby adopted and made a part of this chapter as if fully set out herein. Persons
other than employees of the licensee may not be in the premises from thirty (30) minutes
after the sale of 3.2 percent malt liquor or intoxicating liquor is prohibited until thirty (30)
minutes before the sale is permitted.
SECTION 3. Section 3- 1 -8 -8, of the Lakeville City Code is deleted:
Deleted: the Council shall instinct
{ Deleted: to
Deleted: No less than ten (10) nor more
than thirty (30) days after the date for
submitting renewal applications, the
Council shall hold a public hearing.
Notice of the time and place of the
meeting and the fact that renewal
applications will be considered shall be
published in the official newspaper ten
(10) days in advance of Inc hearing.
Opportunity shall be given to any person
to be heard for or against the gaming of a
renewal license.
Deleted: No equipment or fixture in
any licensed place shall be owned in
whole or in part by any manufacturer or
distiller of intoxicating liquor except such
as shall be expressly permitted by state
}awl!
Deleted: This section does not apply to
3.2 percent malt liquor licensees who, by
affidavit, establish that they had sales of
less than twenty five thousand dollars
($25,000.00) of 3.2 percent malt liquor
for the preceding year, or off -gale 3.2
percent malt liquor licensees with sales of
less than fifty thousand dollars
($50,000.00) of 3.2 percent malt liquor
for the preceding year, or to holders of
on -sale wine licenses with sales of less
than Twenty five thousand dollars
($25,000.00) of wine for the preceding
year. Proof of financial responsibility
may be given by filing one of the
following:t;
9
A. A certificate that there is in effect for
the period of the license an insurance
policy or pool providing the following
minimum coverage:¶
I. Three hundred thousand dollars
($300,000.00) because of bodily injury to
one or more persons in any one
occurrence and in the amount of three
hundred thousand dollars ($300,000.00)
1 because of injury to or destruction of
property of others in any one occurrence;'.
2. Three hundred thousand dollars
($300,000.00) for loaa of means of
support of one or more persona in any
one occurrence; 011
n
B. A certificate that the city has in effect
for its own liquor operation an insurance
policy or pool providing the following
minimum coverage:Q
1. Five hundred thousand dollars
($500,000.00) because of bodily injury to
one or more persons it any one
occurrence and in the amount of five
hundred thousand dollars ($500,000.00)
because of injury to or destruction of
property of others in any one occurrence;f
2. Five hundred thousand dollars ii."
deleted: Manager Required
Deleted: Residency Requirements;
Renewal: A license will not be renewed
if, in the case of an individual, the
licensee is not a resident of the State of
Minnesota at time of the date for
renewal; if, in the case of a partnership,
the managing partner is not a resident of
the State at the time of the renewal; or in
the case of a corporation, if the operating
officer is not a resident of the State at the
time of the date of renewal. The time for
establishing residency within the State
may, for good cause, be extended by the
Council.
Deleted: No intoxicating liquor shall be
sold or consumed on a public highway or
street. No one shall consume intoxicating
liquor or have in his/her possession any
bottle or receptacle containing
intoxicating liquor which is open while in
the parking area of any chopping center
L or other commercial esmblislunent.
SECTION 4. Section 3- 1 -9 -2, of the Lakeville City Code is amended to provide:
All applicants for any type of intoxicating liquor, 3.2 percent malt liquor, or wine license,
must, as a condition to the issuance of the license maintenance of the license and renewal
of the license, demonstrate proof of financial responsibility with regard to liability
imposed by Minnesota Statutes, Section 340A.801 to the city. The minimum
re.uirements for .roof of financial res.onsibilit are set forth in Minnesota Statutes
Section 340A.409.
SECTION 5. Section 3- 1- 11 -11(C) of the Lakeville City Code is amended to provide:
C. Operating Office[; No license shall be granted to a corporation that does not have an
operating officer who is eligible pursuant to the provisions of this Chapter.
SECTION 6. Section 3- 1- 11(E), of the Lakeville City Code is deleted:
SECTION 7. Section 3 -1 -13 of the Lakeville City Code is deleted:
SECTION 8. Effective Date. This ordinance shall be effective upon passage and
publication.
ADOPTED this day of , 2011, by the City Council of the
City of Lakeville, Minnesota.
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