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HomeMy Public PortalAbout405CITY OF MEDINA ORDINANCE NO.405 An Ordinance Related to Regulations And Licenses for Alcoholic Beverages; Repealing Sections 630 and 635, Amending Sections 625.23 and 515.03. The city council of the city of Medina ordains as follows: SECTION I. Medina Code Sections 630 and 635 are hereby repealed. SECTION II. Medina Code Sections 625.23 and 515.03 are hereby amended by deleting the stricken material and adding the underlined material as follows: Section 625.23. Conditions of License. Every license granted is subject to the provisions of this ordinance, and state law and to the following conditions: (a) every license 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 commissioner, 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, 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 a violation of any term or condition of any other permit or license granted by the City regarding the property upon which the licensed premises is located shall be deemed to be a violation of the license granted under this ordinance. (g) (h) all licensed establishments shall have the license therefor posted in a conspicuous place at all times. Ordinance No. 405 June 20, 2006 Section 515.03. Definitions. For the purposes of this ordinance, the following terms shall have the meanings given to them. Subd. 1. "Alcoholic Beverage" means any beverage containing more than one-half of one percent alcohol by volume. Subd. 2. "Amusement Contraption" means any contrivance, device, gadget, machine, or structure designed to test the skill or strength of the user or to provide the user with any sort of ride, lift, swing, or fall experience including, but not limited to, ball throwing contest devices, pinball -type devices, animal ride devices, dunk tanks, ball and hammer devices, trampoline devices and the like. Subd. 3. "Area" means a specified place within a park. Subd. 4. "Chief of Police" means the Medina chief of police or designee. Subd. 5. "Controlled Substance" means any drug, substance or immediate precursor included in Schedules I through V, of Minnesota Statutes, Section 152.02, as amended. Subd. 6. "Deadly Weapon" means any device or instrument designed or intended to cause bodily injury or death to humans or animals, including bows and arrows, slingshots, sand clubs, metal knuckles, daggers, dirks, stilettos, switch -blade knives and similar instruments, but not including firearms. The term also includes any device or instrument designed or intended for use in the capture or trapping of animals. Subd. 7. "Firearm" means any gun from which shot or a projectile is discharged by means of explosive, gas or compressed air. Subd. 8. "Fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which required fire underneath to propel them, fire -crackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers, or other fireworks of like construction, and any fireworks containing any explosive substance and commonly used as fireworks. The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25 hundredths grains or less of explosive compound are used and toy pistol caps which contain less than 20 hundredths grains of explosive mixture. Subd. 9. "Guest" means any person physically accompanied within a park by a resident. Subd. 10. "Intoxicating Liquor" means ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight. Subd. 11. "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. Ordinance No. 405 June 20, 2006 Subd. 12. "Motorized Recreational Vehicle" means any self-propelled, off -the -road, or all - terrain vehicle including, but not limited to, snowmobiles, mini -bikes, motorcycles, dune buggies, or all -terrain cycles. Subd. 13. " 3.2 Percent Malt Liquor" means malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. Subd. 14. "Park" means any land or water area and all facilities thereon, owned and controlled by Medina and used for park or recreational purposes. Subd. 15. "Permit" means the written permission obtained from the Chief of Police to carry out specified activities within a park or vehicular parking lot. Subd. 16. "Pet" means any animal that is tamed and domesticated and kept as a companion. Subd. 17. "Pollutant" means any solid, liquid or gaseous substance, which could cause contamination of land or water, so as to create or cause a nuisance or render unclean, noxious, or unpure or be actually or potentially harmful, detrimental or injurious to human health, safety or welfare or the health and safety of wildlife or vegetation. Subd. 18. "Resident" means any person who maintains or occupies a permanent or seasonal home within Medina. Subd. 19. "Wine" means 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 oewo one-half of one percent nor more than 24 percent alcohol by volume for non- industrial use. Section III. This ordinance shall take effect upon its adoption by the city council and publication in the City's official newspaper. Adopted by the Medina city council on the 20th day of Ju : , 2006. B ce D. Workman, Mayor ATTEST: is/r Chad M. Adams, City Administrator -Clerk Published in the South Crow River News this 26`h day of June 2006. Ordinance No. 405 June 20, 2006