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HomeMy Public PortalAbout423CITY OF MEDINA ORDINANCE NO.423 An Ordinance Related to Licenses for Selling Alcoholic Beverages; Amending Section 625.03. The city council of the city of Medina ordains as follows: SECTION I. Medina Code Section 625.03 is hereby amended by deleting the strieken material and adding the underlined material as follows: Section 625.03. License Required. Subd. I. 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. 3. Types of Licenses: Intoxicating Liquor. 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. (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. (4) "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. i (b) 3.2 percent malt liquor (1) "On -Sale" license may be granted for the sale of 3.2 percent malt liquor for consumption on the premises. (2) "Off -Sale" license may be granted for the sale of 3.2 percent malt liquor for consumption off the premises. (3) "Temporary On -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 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. 5. License Classes: Intoxicating Liquor. The on -sale licenses under which intoxicating liquor may be sold shall be divided into the following three four classes, which shall be based upon the size of the licensed premises: (a) Class A: A licensed premises in excess of 93000 20,000 square feet in area; (b) Class B: A licensed premises in excess of 3,000 12,000 square feet, but less than 93000 20,000 square feet in area; or (c) Class C: A licensed premises in excess of 6,000 square feet, but less than 33000 12,000 square feet in area.; or (d) Class D: A licensed premises less than 6,000 square feet in area. 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: 2 (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; (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) no alcoholic beverages shall be served after 10:00 p.m. nor consumed after 10:30 p.m. in the outside area; and (g) 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. Section II. 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 14 day of June, 2007. l T.M. Crosby, Jr., ay r ATTEST: err Chad M. Adams, City Administrator -Clerk Published in the South Crow River News this 25 day of June 2007. 3