HomeMy Public PortalAbout357CITY OF MEDINA
ORDINANCE NO.357
An Ordinance Amending Sections 625.02, 625.03, 625.05, 625.08,
625.09, 625.12, 625.13, 625.14, 625.16, 625.20, 625.23, 625.24,
625.25, 625.26, 625.27 and 625.28 Regarding the Sale of Alcoholic
Beverages
The City Council of the City of Medina, Minnesota ordains as follows:
SECTION I: Sections 625.02, 625.03, 625.05, 625.08, 625.09, 625.12, 625.13, 625.14, 625.16,
625.20, 625.23, 625.24, 625.25, 625.26, 625.27 and 625.28 of the Medina city code are hereby
amended by deleting the strielEea material and adding the underlined material as follows:
625.02. Definitions. The following terms shall have the meanings given to them unless the context
clearly indicates otherwise.
Subd. 1. Alcoholic Beverage. "Alcoholic beverage" is any beverage containing more than one-half
of one percent alcohol by volume.
Subd. 2. Bottle Club. "Bottle Club" is any private club or public place which permits members,
guests or patrons to provide, display and consume their own intoxicating liquor on the premises,
while providing by retail sale liquid mixes, glasses, and other services and goods used in the
consumption of intoxicating liquor.
Subd. 3. Club. "Club" is an incorporated organization organized under the laws of Minnesota for
civic, fraternal, social and business purposes, for intellectual improvement, for sports promotion, or
a congressional charter veterans' organization, which:
(4-) (a) has more than 50 members;
(2) b) has owned or rented a building or space in a building for more than one year that is
suitable and adequate for the accommodation of its members; and
(3) (c) is directed by a board of directors, executive committee, or other similar body chosen
by the members at a meeting held for that purpose. No member, officer, agent, or employee
shall receive any profit from the distribution or sale of beverages to the members of the club,
or their guests, beyond a reasonable salary or wage wages fixed and voted each year by the
governing body.
Subd. 4. Commissioner. "Commissioner" means the commissioner of public safety of the state of
Minnesota.
Subd. 1. Subd. 5. Hotel. "Hotel" is an establishment where food and lodging are regularly furnished
to transients and which has:
(4) (a) a resident proprietor or manager;
(2) (b) a dining room serving the general public at tables and having facilities for serving at
least 30 persons at one time; and
(3) (c) at least 10 guest rooms.
Subd. 5. 6. Intoxicating Liquor. "Intoxicating Liquor" or "liquor" is ethyl alcohol, distilled,
fermented, spirituous, vinous, and malt beverages containing more than 3.2% of alcohol by weight.
Subd. 6. 7. License Period. "License Period" of or "License Year" is the effective period of all
liquor licenses, that is, from July 1 in the year of license issue to June 30 of the following year.
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Subd. 7. 8. Licensed Premises. "Licensed premises" is the premises described in the approved
license application.
Subd. 9. Malt Liquor. "Malt liquor" is any beer, ale, or other beverage made from malt by
fermentation and containing not less than one-half of one percent alcohol by volume.
Subd. 8. 10. Minor. A minor is any person under 21 years of age.
Subd. 4-0. 111. Off -Sale. "Off -Sale" is the sale of alcoholic beverages in original packages for
consumption off the licensed premises only.
Subd. 1-1-. 12. On -Sale. "On -Sale" is the sale of alcoholic beverages for consumption on the
licensed premises only.
Subd. 4-2. 13. Restaurant. "Restaurant" is an establishment, other than a hotel, under the control of
a single proprietor or manager, where meals are regularly prepared on the premises and served at
tables open to the general public and having a minimum seating capacity of 30.
Subd. 4-3. 14. Retail. "Retail"is sale for consumption.
Subd. 4-4. 15. Sale. "Sale" or "sell" means to furnish any intoxicating liquor,
liquor er wine or 3.2 percent malt liquor through exchange, barter, gift, trade, prize, or purchase.
Subd. 9. 16. Nen-4ntoxi g 3.2 percent Malt Liquor. "Nen—intoxicating 3.2 percent malt liquor"
is malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2
percent alcohol by weight.
Subd. 4-5. 17. Wine. "Wine" is sparkling and carbonated wine, wine made from condensed grape
must, wine made from agricultural products other than sound, ripe grapes, imitation wine,
compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than
seven one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use.
625.03. Licensed License Required. Subd. 1. Except as provided in this ordinance, no person may
directly or indirectly, on any pretense or by any device, sell, keep for sale, allow the display or
consumption, or otherwise dispose of alcoholic beverages as part of a commercial or retail
transaction without having first obtained the appropriate license or permit.
Subd. 2. Notice to Commissioner. Within 10 days of the issuance of a license for intoxicating
liquor, wine or 3.2. percent malt liquor, the City shall inform the commissioner, on the form the
commissioner prescribes, of the licensee's name and address and trade name, the effective date and
expiration date of the license. The City shall also inform the commissioner of a license transfer,
cancellation, suspension, or revocation during the license period.
Subd. 2.3. . Types of Licenses.
shall be of four kinds: "On Sale," "Off Sale," "Club License," and "Sunday Sales." The following
licenses may be issued by the City:
(a) Intoxicating liquor.
(1) "On -Sale" license may be granted to hotels, restaurants, clubs, congressionally
chartered veterans organizations or sports facilities located on land owned by the
City for the sale of intoxicating liquor for consumption on the premises.
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(2) "Off -Sale" license may be granted with the approval of the commissioner to an
exclusive liquor store for the sale of intoxicating liquor for consumption off the
premises.
(3) "Temporary On -Sale License may be granted to a club, charitable, religious or other
nonprofit organization in connection with a social event sponsored by the licensee. This
license is valid only after being approved by the commissioner.
(d) "Sunday Sale" licenses shall be granted only to clubs, hotels or restaurants which
have facilities for service not less than thirty guests at one time and which holds an
intoxicating liquor license. A Sunday sale license shall permit the sale and consumption
of intoxicating liquors only on the licensed premises on Sundays, and only in conjunction
with the serving of food.
(b) 3.2 percent malt liquor.
(a) (1)"On-Sale" license shall permit on the premise sales and consumption of
may be granted for the sale of 3.2
percent malt liquor for consumption on the premises.
(b) arOff--Sale" license
may be granted for the sale of 3.2 percent
malt liquor for consumption off the premises.
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and-avrrrrtrnrrvct m6-mcIcliquor -ai-the ..ce.sea p:a:.so , .r!• "TemporaiyOn-Sale
License for the sale of 3.2 percent malt liquor may be granted to a club or charitable,
religious, or nonprofit organization. Temporary license may authorize the sale of 3.2
percent malt liquor in any school or school building. The license will not be issued for a
period greater than 72 hours.
(4) Exemption. Any person licensed to sell intoxicating liquor on -sale or off -sale shall
not be required to obtain a license under this section and may sell 3.2 percent malt
liquor off -sale or on -sale without further license.
(c) Wine License. "Wine License shall permit the on -premise sale and consumption of wine only.
(d) "Combination License. An on -sale and an off -sale intoxicating liquor license may be issued to
the same licensee or, in lieu of separate licenses, a combination on -sale and off -sale license may be
issued.
Subd. 4. "Consumption and Display Permit" shall allow a bottle club the on -premise consumption
or display of intoxicating liquor. The permit does not authorize the sale of intoxicating liquor. The
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permit may be issued by the commissioner but must be approved by the city council. All permits
issued under this section expire on March 31 of each year.
Subd. a. 5. License Classes: Intoxicating Liquor. The on -sale licenses under which intoxicating
liquor may be sold shall be divided into the following three classes, which shall be based upon the
size of the licensed premises:
(a) Class A: A license premise in excess of 9,000 square feet in area;
(b) Class B: A licensed premise in excess of 3,000 square feet, but less than 9,000
square feet in area; or
(c) Class C: A licensed premise less than 3,000 square feet in area.
Subd. 1. Nen intoxicating Malt Liquor License. A non intoxicating malt liquor license shall permit
a retail establishment to sell non -intoxicating malt liquor theron sale -or of€ erson
licensed to sel intoxicating liquor on sale shall not be required to obtain an on sale license under
this subdivision and may sell -nen intoxicating malt liquor without further license. Any person
Subd. 5. Set up License. A set up license shall permit a bottle club to allow the on premisc
Subd. 6. Wine License. A wine license shall permit the on premise sale and consumption of wine
only.
issued to the same licensee or, in lieu of separate licenses, a combination on sale and off sale sale
license may be issued.
Subd.- 6. Outdoor Areas. A licensee whose license permits the on -sale of alcoholic beverages
shall be permitted to sell, serve and allow consumption of alcoholic beverages in an outdoor area,
provided that the following conditions are met:
(a) the outdoor area is immediately adjacent to the building or structure comprising the
remainder of the licensed premises and such outdoor area is specifically described as
part of the licensed premises in the approved license application;
(b) the outdoor area is completely enclosed by a fence or other barrier preventing any
external ingress or egress from the area;
(c) access to the outdoor area is available only through the interior portions of the
licensed premises;
(d) no bars or pass -through windows shall be permitted in the outside area;
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(e) there shall be no music audible off the property and exterior lighting shall be
designed and installed so that the globe is recessed and enclosed on all sides except
the bottom and no light is cast directly on any other property;
(f)
(g)
no alcoholic beverages shall be served after 10:00 p.m. nor consumed after 10:30
p.m. in the outside area. Notwithstanding the above, from May 21, 1991, through
N b i i 99 h l• b. o o shall he s ea ed after 12•00
and
outside area shall be compact in size and shall not exceed an area as may be
considered reasonably by city council.
For the purpose of determining the appropriate on -sale license class, the outdoor area shall
be included in the licensed premises but at a rate equal to one-half the actual square footage of the
outdoor area.
625.05. Bond. Subd. 1. Required. At the time of filing an application for an intoxicating liquor
license, the applicant must file a bond with a corporate surety with the city clerk -treasurer. The
bond must be in the amount of $10,000. The licensee must keep the bond or any substituted bond in
the same amount and with the same terms in full force and effect throughout the license period. The
bond is subject to the approval of the city attorney as to form and execution. The surety on the bond
must be a surety company duly licensed to do business in Minnesota. Surety bonds, when approved
by the proper city officers, must be deposited with the city clerk -treasurer.
Subd. 2. Conditions. The bond shall be conditioned as follows:
(a) that the licensee will obey all law relating to the licensed business;
(b) that the licensee will pay to the city when due all taxes, license fees, penalties and
other charges provided by law;
(c) that in the event of violation of any law relating to the business for which the license
has been granted for the sale of liquor, the bond shall be forfeited to the city; and
(d) that no cancellation for any cause can be made either by the bonding company or the
applicant, without 30 days written notice to the city, addressed to the director of public
safety, of intention to cancel the bond.
625.08. Exceptions. Subd. 1. The following persons are exempt from the bond and insurance
provisions of this ordinance:
(a) on -sale nen-into ating 3.2 percent malt liquor licensees with sales of less than $10,000
of nen-intedg 3.2 percent malt liquor for the preceding year;
(b) off -sale nen-intoxicating 3.2 percent malt liquor licensees with sales of less than
$20,000 of nen-intexieatitag 3.2 percent malt liquor for the preceding year;
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(c) on -sale wine licensees with sales of less than $10,000 of wine for the preceding year; or
(d) holders of a temporary wine license issued under this ordinance.
Subd. 2. Any applicant claiming an insurance exemption under this subdivision must submit with
the completed license application a sworn affidavit demonstrating the basis for the exemption. The
city clerk -treasurer may require additional evidence on the basis for the claimed exemption.
625.09. Site Plan. . Each application for a on -sale intoxicating liquor license shall be
accompanied by a site plan, drawn to scale. The site plan must contain the following information:
(a) a legal description of the property upon which the proposed licensed premises is
situated;
(b) a plot plan;
(c) the exact location on the property of the licensed premises, all customer and employee
parking areas, all accesses onto the property, all entrances into the premises, and all
outdoor serving areas;
(d) the location of and distance from the nearest church, school, hospital and residences; and
(e) a floor plan of the licensed premises.
625.12. Granting of License. After review of the investigation report, the city council may grant or
deny the application for a new, renewed or transferred license. No license shall be effective unless
the license, bond and proof of insurance have been approved by the peseta commissioner of
publie-safety. Each license so granted shall be effective only during the license period.
625.13. Persons Ineligible For A a License. Subd. 1. No license of any type or class shall be issued
to:
(a) a person not a citizen of the United States or a resident alien;
(b) a person under 21 years of age;
(c) a person who within five years of the license application date has been convicted of
a willful violation of federal or state law or local ordinance governing the
manufacture, sale, distribution, or possession for sale or distribution, of intoxicating
alcoholic beverages;
(d) a person who has had an intoxicating liquor or nen-intexicating 3.2 percent malt
liquor license revoked within five years of the license application, or to any person
who at the time of the violation owned any interest, whether as a holder of more than
5% of the capital stock of a corporation licensee, as a partner or otherwise, in the
premises or in the business conducted therein, or to a corporation, partnership,
association, enterprise, business, or firm in which any such person is in any manner
interested;
(e) a person whom the city council determines not to be of good moral character and
repute;
(f) any person to whom the city council determines, after investigation and hearing, that
issuance, transfer, or renewal of the license would not be in the public interest; or
(g) a person who has a direct or indirect interest in a manufacturer, brewer, or
wholesaler.
625.14. Places Ineligible For for License. Subd. 1. No license shall be issued, transferred or renewed
for any place or for any business if:
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(a) taxes, assessments or other financial claims of the City or the state of Minnesota
on a premise are delinquent or unpaid;
(b) if the place is located within 300 feet of any school or church;
(c) where operation of a licenses premises would violate zoning ordinances; or
(a) the applicant's present license was issued conditioned upon the applicant making
specified improvements to the licenses premises or the property of the licenses
premises which have not been completed.
625.16. License Fee. Subd. 1. Every applicant who receives a new, renewed or transferred license
shall pay a license fee established by the city council from time -to -time by resolution. The applicant
shall either pay the license fee in full prior to June 1 of the license year, or pay one-half prior to June
1 and one-half prior to December 1 of that license year.
625.20. Death of Licensee. Subd. 1. In the case of the death of a licensee, the personal
representative is authorized to continue operation of the business for not more than 90 days after the
licensee's death.
625.23. Temporary License. A club or charitable, religious, or non profit organization may be
all other provisions of this ordinance except for the following matters:
(a) a non refundable fee of $10.00 shall accompany each application for temporary
license;
(b) temporary licenses shall become effective and shall expire at the times
determined by the city council, but shall not be issued- for a period greater than 72
hours; and
(c) temporary license applications shall be in a form as determined by the city
council.
62-5724. 625.23. Conditions of License. Subd. 1. Every license granted is subject to the provisions of
this ordinance, and state law and to the following conditions:
(a) every licensee shall be responsible for the conduct of his or her place of business and
shall maintain conditions of good order and sobriety therein;
(b) except for sales by clubs made to members in good standing who pay regular monthly
membership fees, no sale of any alcoholic beverage shall be made to anyone on credit;
(c) any peace officer, health officer, or any properly designated officer or employee of the
City or the state, including representatives of the Minnesota commissioner of public
safety, shall have the unqualified right to enter, inspect and search the licensed premises
during business hours without a warrant;
(d) no alcoholic beverage may be served or consumed outside of the compact and
contiguous space specified as the licensed premises, in the approved license application;
(e) no person may sell or in any way procure for another an alcoholic beverage for the use
of an obviously intoxicated person;
(f) no licensee shall permit any minor to consume alcoholic beverages on the licensed
premises. It shall be unlawful for any person to sell alcoholic beverages to a minor,
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except that a parent or guardian of a minor may give alcoholic beverages to that person
solely for consumption and solely in the household of the parent or guardian; and
(g) a violation of any term or condition of any other permit or license granted by the City of
Medina regarding the property upon which the licensed premises is located shall be
deemed to be a violation of the license granted under this ordinance.
625.25. 625.24. Employment of Minors. Subd. 1. No person under 18 years of age may serve or
sell intoxicating liquor is on licensed premises.
625,26. 625.25. Entertainment. The licensee is responsible to insure that the provisions of this
ordinance are fully enforced during all private social gatherings held on the licensed premises. The
provisions of Section 600 of the Medina city City code are also applicable.
625.27. 625.26. Hours and Days of Sale. Subd. 1. On -sale Intoxicating liquor. No sale of
intoxicating liquor or wine for consumption on the licensed premises may be made:
(4) La) between 400 2:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday;
(2) (b) after 480 2:00 a.m. on Sundays, except as provided by Subd. 3; or
(a) (0 between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except as
provided by Subd. 3.
Subd. 2. On -Sale Nonintoxieating 3.2 percent Malt Liquor. No sale of nenintexisating 3.2 percent
malt liquor may be made between )0 2:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday, nor between 4410 2:00 a.m. and 12:00 noon on Sunday.
Subd. 3. Sunday On -sales. A club, hotel or restaurant which holds an on -sale intoxicating liquor
license may sell intoxicating liquor or non -intoxicating 3.2 percent malt liquor for consumption on
the premises in conjunction with the sale of food between the hours of 12:00 noon on Sundays and
1:80 2:00 a.m. on Mondays, provided a Sunday license has been obtained for the licensed premises.
The city council may after a public hearing by ordinance permit a club, hotel or restaurant to sell
intoxicating liquor or nen-intexieating 3.2 percent malt liquor for consumption on the premises in
conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and 44)0 2:00 a.m. on
Mondays, provided that the licensee is in conformance with the Minnesota clean air act.
Subd. 4. Off -sale. No sale of intoxicating liquor, non4ntoxicating 3.2 percent malt liquor or wine
may be made by an off -sale licensee:
(4) on Sundays;
(2) (b) before 8: 00 a.m. on Monday through Saturday;
(3.) Lc,) after 8:00 p.m. on Monday through Thursday;
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(4) after 10:00 p.m. on Friday and Saturday, provided that an establishment may sell
intoxicating liquor until 10:00 p.m. on December 31 and July 3 and on the day
preceding Thanksgiving day, unless otherwise prohibited under clause (1);
(5) to on Thanksgiving Day;
(6) f) on Christmas Day, December 25; or
(7) (g) after 8:00 p.m. on Christmas Eve, December, 24.
Subd. 5. Bottle Clubs. Consumption and Display Permit. No establishment license a bottle club
holding a consumption and display permit may allow a person to consume or display intoxicating
liquor, and no person may consume or display intoxicating liquor, between 4400 2:00 a.m. and
12:00 noon on Sundays, and between 4- 80 2:00 a.m. and 8:00 a.m. on Monday through Saturday.
Subd. 6. vet-up-Lieexse,-r-sct-upzivcisehcsiaca-b y-tmc-M'amesscireeiias9ivier-vi"miiv
. Permission Requried.
(a) A11 licensees must obtain a permit from the commissioner to sell intoxicating liquor or 3.2
percent malt liquor between the hours of 1:00 a.m. and 2:00 a.m. Permits are effective for a year
after issuance.
(b) A holder of a consumption and display permit must obtain authorization from the
commissioner to allow the consumption and display of intoxicating liquor between the hours of 1:00
a.m. and 2:00 a.m. The authorization may be provided in a document issued to the permit holder by
the commissioner, or by a notation on the permit holder's permit. Authorizations are valid for one
year from the date of issuance.
Subd. 7. Evacuation. Any licensed premise named in any on -sale license, and every part thereof
except those portions used exclusively for food service, shall be closed and be kept closed to the
public within 30 minutes after the stated time of prohibited sales begins. It shall be unlawful for any
person or customer, other than the licensee or his or her employees, to remain on the premises after
closing. The licensee and his or her employees may remain after closing for the purposes only of
cleaning, repair, maintenance and security, but there shall be no consumption of alcoholic beverages
by the licensee or employees during all times of prohibited sale.
62548. 625.27. License revocation and suspension. Subd. 1. The city council may suspend for up
to 60 days, revoke the license, or impose a civil fine not to exceed $2,000 for each violation on a
finding that the license or permit holder has failed to comply with an applicable statute, rule or
ordinance relating to the sale of alcoholic beverages. No suspension or revocation may take effect
until the license has been afforded an opportunity for a hearing. The city council may suspend any
license pending a hearing on revocation or suspension.
Subd. 2. The city council may revoke or suspend a license if it determines that either the licensee or
the licensed premises is no longer eligible for a license pursuant to this ordinance or state law.
SECTION II. This ordinance shall become effective upon its adoption and publication.
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t
Adopted by the Medina city council this 19th day of August, 2003.
City of Medina
Philip K. ietlow,ayor
Attest:
Chad M. Adams, Administrator -Clerk -Treasurer
Published in the Crow River News on the 25`h day of August, 2003.
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