HomeMy Public PortalAbout469CITY OF MEDINA
ORDINANCE NO.469
An Ordinance Amending Section 625 of the Code of Ordinances
Regarding Alcoholic Beverage Licenses
The city council of the city of Medina ordains as follows:
SECTION I: Section 625 of the code of ordinances is amended by adding the underlined
material and deleting the stricken material as follows:
Section 625.01. Provisions of State Law Adopted. Except as may be provided for
in this ordinance, the provisions of Minnesota Statutes Chapter 340A, as it may be
amended from time to time, are hereby adopted and made a part of this ordinance as
though fully set out herein.
Section 625.02. Defmitions. 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:
(a) has more than 50 30 members;
(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
(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 wages fixed and voted each year by the
governing body.
Ordinance No. 469
October 20, 2009
Subd. 4. Commissioner. "Commissioner" means the commissioner of public
safety of the state of Minnesota.
Subd. 5. Hotel. "Hotel" is an establishment where food and lodging are regularly
furnished to transients and which has:
(a) a resident proprietor or manager;
(a) (b) a dining room serving the general public at tables and having facilities for
serving at least 30 persons at one time; and
(b) (-e-) at least 10 guest rooms.
Subd. 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. 7. License Period. "License Period" of "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.
Subd. 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. 10. Minor. A minor is any person under 21 years of age.
Subd. 11. Off -Sale. "Off -Sale" is the sale of alcoholic beverages in original
packages for consumption off the licensed premises only.
Subd. 12. On -Sale. "On -Sale" is the sale of alcoholic beverages for consumption
on the licensed premises only.
Subd. 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. 14. Retail. 'Retail" is sale for consumption.
Subd. 15. Sale. "Sale" or "sell" means to furnish any intoxicating liquor, or 3.2
percent malt liquor through exchange, barter, gift, trade, prize, or purchase.
Ordinance No. 469 2
October 20, 2009
Subd. 16. 3.2 Percent Malt Liquor. "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. 15. Wine. "Wine" is the product made from the normal alcoholic
fermentation of grapes, including still wine, 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 one-half of one percent nor more
than 24 percent alcohol by volume for nonindustrial use. Wine does not include
distilled spirits as defined in state statute.
Section 625.03. License Required.
Subd. 1. Except as provided in this ordinance, no person may directly or indirectly,
on any pretense or by any device, sell, barter, keep for sale, charge for possession,
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, bowling
centers, or clubs; or congressionally chartered veterans
organizations with the approval of the commissioner provided that
the organization has been in existence for at least three years and
liquor sales will only be to members and bona fide guests, er-apart
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; or
charitable, religious or other nonprofit organization in existence for
Ordinance No. 469 3
October 20, 2009
at least three years, or a political committee registered under
Minnesota Statutes, Section 10A.14 and 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.
(b) 3.2 percent malt liquor
(1) "On -Sale" license may be granted to drugstores, restaurants, hotels,
clubs, bowling centers, golf courses and establishments used
exclusively for the sale of 3.2 percent malt liquor with the
incidental sale of tobacco and soft drinks 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
Ordinance No. 469 4
October 20, 2009
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. L41 The on -sale licenses under
which intoxicating liquor may be sold shall be divided into the following four
classes, which shall be based upon the size of the licensed premises:
(b)
(1) (-a Class A: A licensed premises in excess of 20,000 square feet or
greater in area;
(b) Class B: A licensed premises in excess of at least 12,000 square feet,
but less than 20,000 square feet in area; or
(3) (e-) Class C: A licensed premises in excess of at least 6,000 square feet,
but less than 12,000 square feet in area; or
(d) Class D: A licensed premises less than 6,000 square feet in area.
In the case of a restaurant or club licensed for on -sale of alcoholic beverages
and located on a golf course, the licensed premises means the entire golf
course except for areas where motor vehicles are regularly parked or
operated.
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;
(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
Ordinance No. 469 5
October 20, 2009
(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 625.04. License Application.
Subd. 1. Every license application shall be verified and filed with the city clerk -
treasurer. An on -sale license application shall be in a form and request information
of the applicant as determined by the city council. The off -sale license application
shall be on the form approved by the Minnesota commissioner of public safety. The
application shall be completed in its entirety according to the instructions provided
with the application. The city clerk treasurer shall return any application not
properly completed. No applicant shall knowingly make any false statement on the
license application.
Subd. 2. Application Fee. Every license application shall be accompanied by the
application fee, as established by the city council from time -to -time by resolution.
Subd. 3. Proof of Financial Responsibility.
aE e,1 by of plioa t ham obtai oa t e ate bona
liability e ;f r ired Prior to the issuance of any license under this
ordinance, the applicant shall demonstrate proof of financial responsibility as
defined in Minnesota Statutes, Section 340A.409, with regard to liability under
Minnesota Statutes, Section 340A.801. This proof will be filed with the city and the
commissioner. Any liability insurance policy filed as proof of financial
responsibility under this section shall conform to Minnesota Statutes,
Section 340A.409. Operation of a business which is required to be licensed by this
ordinance without having on file with the city at all times effective proof of
financial responsibility is a cause for revocation of the license.
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lieense,-the-applicant-must-ftle-a-hend-with-a-cerperate-surety-witli-the-sity-elerk-
treasuter,---The-bend-flieSt-be-in-the-arceunt-ef--$4-0304949,-The-licensee-FfiliSt4eep
the-bend-er-a-substituted-bencl-in-the-same-ameent-and-with-the-same-terms-in
ff „ oc-threughou -the-license od 'The bond „bjeet to the
approval of the-- city- attorney as -to u e ,t; T e et, the bond
mus bo ot. .1„l, d to--Ele business- n Mii nest
bende> >
clerk -treasurer,
itions. The o iliallz l-ve-conddii ioxxed-aszollows:
Ordinance No. 469 6
October 20, 2009
(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,
(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
addressed to the director of public safety, of intention to cancel the bond.
applicant files with the city clerk treasurer proof of financial responsibility. The
(a) a certificate that there is in effect for the license period an insurance policy or
riiea146v4S ppeft-44111+"` -012e-3er-Seel r $ e"° „4,.
ef-File ft-ef-twe-er-mvrcper-serks-irr fie-eeeurrenee;—aia-ali
annual aggregate policy limit for dram shop insurance of not less than
P-04,429013er-year;
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(c) a certificate of the Minnesota treasurer that the licensee has deposited with
purchased by savings banks or for trust funds having a market value of
$40030007
the bond required by Section 625.05 of this ordinance.
may not be cancelled for any cause by either the insured or the insurer unless the
treasurer.
Ordinance No. 469 7
October 20, 2009
Section 625.07. General Requirements, Financial Responsibility. The issuer or
surety on any liability insurance policy or bond required under this ordinance shall
be duly licensed to do business in Minnesota. All insurance and bond documents for
on -sale licenses shall be approved as to content and form in advance of execution by
the city attorney. Insurance and bond documents for off -sale licenses shall be in a
form approved by the Minnesota Commissioner of public safety. The licensees and
the City shall be named as joint insureds on the liability insurance policy. The bond
and/or insurance policy effective dates must coincide with the licensing period.
Section 625.08. Exceptions.
Subd. 1. The following persons are exempt from the bend -and insurance provisions
of this ordinance:
(a) on -sale 3.2 percent malt liquor licensees with sales of less than $4&000
$25,000 of 3.2 percent malt liquor for the preceding year;
(b) off -sale 3.2 percent malt liquor licensees with sales of less than $204000
$50,000 of 3.2 percent malt liquor for the preceding year•,
(c) on -sale wine licensees with sales of less than $4&000 $25,000 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-t-r-eastifef may require additional evidence
on the basis for the claimed exemption.
Section 625.09. Site Plan. Each application for an 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
Ordinance No. 469 8
October 20, 2009
(e) a floor plan of the licensed premises.
Section 625.10. Investigations.
Subd. 1. Prior to granting an initial application, renewal of an existing license, or
transfer of an existing license, the City shall conduct a preliminary background and
financial investigation of the applicant. Every individual or person having any
beneficial interest in the license shall be investigated. The investigation shall be
conducted by the chief of police and the results shall be reported to the city council.
The chief of police shall verify the facts stated in the application, and shall report all
convicted violations of state or federal law or municipal ordinances involving the
applicant, interested persons, or the licensed premises while under the applicant's
proprietorship. The scope of the investigation and of the investigation report shall
be within the sole discretion of the chief of police. The chief of police may report
suspected civil or criminal law violations only if a verified complaint, indictment or
tab charge has been filed in a state or federal court. If the City or the Minnesota
bureau of criminal apprehension determines that a comprehensive background
investigation is necessary, the chief of police may conduct such an investigation or
the City may contract with the Minnesota bureau of criminal apprehension to do so.
Subd. 2. Investigation Fee. All applicants shall be charged a fee for the costs of
investigation of an application for initial issuance or transfer of an on -sale license or
for reinvestigation for a renewal of an on -sale license. If there is more than one
applicant for a license, a separate investigation fee shall be charged for each
applicant. The fee shall be the actual costs incurred by the City in investigating the
applicant and reporting the investigation findings to the city council, as determined
by city clerk treasurer, but shall not exceed $500 for an investigation conducted
wholly within the state nor $10,000 if investigation is required outside the state. The
applicant shall be notified of the total investigation fee prior to the city council's final
action on his or her license application, and the fee shall be payable upon terms
established by the city clerk treasurer.
Section 625.11. Corporate Licenses. Licenses may be issued to corporations as
the licensee, but only if the corporation is incorporated within the State of
Minnesota. It is a condition of every license issued to a corporation that the city
clerk-tfeast+Fer promptly be furnished with a correct list of all stockholders of the
corporation and the number of shares held by each, either individually or
beneficially for others. It is the continuing duty of each corporate licensee to notify
the city clerk4feastifer promptly of any change in ownership or beneficial interest of
such shares. Any change of ownership or beneficial interest of the shares of stock
entitled to be voted at any meeting of the stockholders of the corporation which
results in a change of voting control shall be deemed equivalent to a transfer of the
license issued to the corporation, and any such license shall be revoked and
terminated 30 days after any such change in ownership or beneficial interest unless
the city clerk treasurer shall have been notified of such change in writing and the
city council approved the license transfer. The city clerk treasurer may at any
Ordinance No. 469 9
October 20, 2009
reasonable time examine the stock transfer records and minutes of any corporate
licensee, and the city council may cancel and terminate any license issued to a
corporation upon determination that any change of ownership of stock has resulted
in a change of control of such corporation so as to materially affect the integrity and
character of its management and its operation of any license premises. However, no
action may be taken against any corporation licensee until after a hearing conducted
by the city council on 30 days' written notice to the license.
Section 625.12. Granting of License. After review of the investigation report, the
city council in its sound discretion may grant or deny the application for a new,
renewed or transferred license. No applicant has a right to a license under this
ordinance. No license shall be effective unless the license; band —and proof of
insurance have been approved by the commissioner. Each license so granted shall be
effective only during the license period.
Section 625.13. Persons Ineligible For a License. No license of any type or class
shall be issued to:
o
Ca) (b) a person under 21 years of age;
th (s) 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 alcoholic beverages;
LO E�
a person who has had an intoxicating liquor or 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;
(d) (e) a person whom the city council determines not to be of good moral character
and repute; or
fp.) (g) a person who has a direct or indirect interest in a manufacturer, brewer, or
wholesaler.
Section 625.14. Places Ineligible For License. No license shall be issued,
Ordinance No. 469 10
October 20, 2009
transferred or renewed for any place or for any business if:
(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; an institution
of education whose primary purpose is education of individuals in grades
kindergarten through 12. The distance shall be measured from the
freestanding parcel or lot line upon which the business to be licensed is
located or from the exterior wall of the approved area leased or owned by
the business to be licensed within a shopping center to the nearest point of
the parcel or lot line upon which the school is located. The location of a
school within the prohibited area after the original license application has
been granted shall not, in and of itself, render such premises ineligible for
renewal of the license. The provisions of this paragraph shall not apply to
temporary on -sale 3.2 percent malt liquor licenses.
(c) operation of a licenses premises would violate zoning ordinances; or
(d) 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.
Section 625.15. Conditional Licenses. The city council may grant any application
for a new, renewed or transferred license conditioned upon the applicant making
reasonable improvements to the proposed licensed premises or the property upon
which the licenses premises is situated. The city council, in granting such a
conditional license shall specify when such modifications must be completed.
Failure to comply with the conditions of the license shall be sufficient grounds for
the city council to revoke or deny renewal of the license in the future.
Section 625.16. License Fee. 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 feselutiex-ordinance. 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.
Section 625.17. License Limitations. Each license shall be issued to the applicant
only, and only for the licensed premises as described in the application. A license is
only effective for the premises specified in the approved license application.
Section 625.18. Term; Expiration; Pro Rata Fee. Each on -sale license shall be
issued for a period of one year, except that if the application is made during the
license year, a license may be issued for the remainder of the licensed year for a pro
rata fee not to be less than $400.00. Any unexpired fraction of a month shall be
counted as a complete month. Every license shall expire on June 30 of the license
Ordinance No. 469 11
October 20, 2009
year.
Section 625.19. Refunds. The city clerk treasurer shall refund a pro rata share of
the annual license fee for an on -sale license if:
(a) the business ceases to operate because of destruction or damage;
(b) the licensee dies;
(c) the business ceases to be lawful for a reason other than a license revocation;
or
(d) the licensee ceases to carry on the licenses business under the license.
Section 625.20. Death of Licensee. 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.
Section 625.21. License Transfer. No license issued pursuant to this ordinance
may be transferred, except upon application to and approval by the city council. The
application for a license transfer shall be treated as a new license application for
purposes of all application forms, fees, investigations. The proposed licensee
transferee shall be considered to be the applicant.
Section 625.22. License Renewal. Any license holder desiring to have an existing
license renewed beyond the end of the license period shall file a completed
application for renewal no later than June 1 of the license period. The city council
shall grant the renewal if it determines, after review of the renewal application and
investigation report, that both the licensee and the licensed premises remain eligible
for a license under the provisions of this ordinance and state law.
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 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
commissioner, shall have the unqualified right to enter, inspect and search
the licensed premises during business hours without a warrant;
Ordinance No. 469 12
October 20, 2009
(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;
(0 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
(g)
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.
(h) all licensed establishments shall have the license therefore posted in a
conspicuous place at all times.
Section 625.24. Employment of Minors. No person under 18 years of age may
serve or sell intoxicating liquor on licensed premises.
Section 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 City code are
also applicable.
Sections 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:
(a) between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday;
or
(b)
after 2:00 a.m. on Sundays, except as provided by Subd. 3 -ef
(c) between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except
Subd. 2. On -Sale 3.2 percent Malt Liquor. No sale of 3.2 percent malt liquor
may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday, nor between 2:00 a.m. and 10:00 a.m. on Sunday.
Subd. 3. Sunday On -sales. A club, hotel, bowling center or restaurant which holds
Ordinance No. 469 13
October 20, 2009
an on -sale intoxicating liquor license may sell intoxicating liquor or 3.2 percent
malt liquor for consumption on the premises in conjunction with the sale of food
between the hours of 12:00 noon 10.00 a.m. on Sundays and 2:00 a.m. on Mondays,
provided a Sunday license has been obtained for the licensed premises. The city
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Subd. 4. Off -sale. No sale of intoxicating liquor, 3.2 percent malt liquor or wine
may be made by an off -sale licensee:
(a) on Sundays;
(b) before 8: 00 a.m. on Monday through Saturday;
(c) after 10:00 &AO p.m. on Monday through 411ittr-SElff Saturday;
(a) fteE i n.nn .. f FFid ,<, na c. turd., :ate ghat :.:: :, -
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(e) on Thanksgiving Day;
( e) (-#4 on Christmas Day, December 25; or
(__)f (g-} after 8:00 p.m. on Christmas Eve, December, 24.
Subd.5. Consumption and Display Permit. No establishment holding a
consumption and display permit may permit a person to consume or display
intoxicating liquor, and no person may consume or display intoxicating liquor,
between 2:00 a.m. and 10:00 a.m. 12:00 noon on Sundays, and between 2:00
a.m. and 8:00 a.m. on Monday through Saturday.
Subd. 6. Permission Required.
(a) All 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
Ordinance No. 469 14
October 20, 2009
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.
Section 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
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.
Adopted by the city council of the city of Medina this 20th day of October, 2009.
T. M. Crosby, Jr., Mayer
ATTEST:
Chad M. Adams
City Administrator -Clerk
Published in the South Crow River News this 23rd day of October, 2009.
Ordinance No. 469 15
October 20, 2009