HomeMy Public PortalAbout563 Ordinance Amending Section 625 of the Code of Ordinances Regarding Alcoholic Beverage LicensesCITY OF MEDINA
ORDINANCE NO.563
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 625.02 of the code of ordinances is amended by adding the underlined
material and deleting the semen material as follows:
Section 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. Brewer. "Brewer" is a person who manufactures malt liquor for sale.
Subd. 43. 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 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.
Subd. 54. Commissioner. "Commissioner" means the commissioner of public safety of the
state of Minnesota.
Subd. 65 . Hotel. "Hotel" is an establishment where food and lodging are regularly furnished
to transients and which has:
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(a) a dining room serving the general public at tables and having facilities for serving at
least 30 persons at one time; and
(b) at least 10 guest rooms.
Subd. 76. 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. 87. 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. 98. Licensed Premises. "Licensed premises" is the premises described in the approved
license application.
Subd. 109. 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. 1140. Minor. A minor is any person under 21 years of age.
Subd. 1241. Off -Sale. "Off -Sale" is the sale of alcoholic beverages in original packages for
consumption off the licensed premises only.
Subd. 1343. On -Sale. "On -Sale" is the sale of alcoholic beverages for consumption on the
licensed premises only.
Subd. 1443. 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. 1544. Retail. "Retail" is sale for consumption.
Subd. 1615. Sale. "Sale" or "sell" means to furnish any intoxicating liquor, or 3.2 percent
malt liquor through exchange, barter, gift, trade, prize, or purchase.
Subd. 1746. 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. 1847. 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
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June 17, 2014
nonindustrial use. Wine does not include distilled spirits as defined in state statute.
SECTION II: Section 625.03 of the code of ordinances is amended by adding the underlined
material as follows:
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, 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 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
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June 17, 2014
(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.
(e) On -Sale Brewer Taproom License. An on -sale brewer taproom license may be issued
to a brewer who has a license from the Commissioner under Minnesota Statutes
340A.301, Subdivision 6, clause (c), (i), or (j) in accordance with the
requirements of Minnesota Statues 340A.301, Subdivision 6b.
(f) Off -Sale Small Brewer License. An off -sale small brewer license may be issued to a
brewer who has a license from the Commissioner under Minnesota Statutes
340A.301, Subdivision 6, clause (c), (i), or (j) in accordance with the
requirements of Minnesota Statutes 340A.301, Subdivision 6d.
(g) Microdistillery Cocktail Room License. A microdistillery cocktail room license may
be issued to a holder of a microdistillery license from the Commissioner under
Minnesota Statutes 340A.301, Subdivision 6c in accordance with the
requirements of Minnesota Statutes 340A.22, Subdivision 2.
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
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June 17, 2014
by the city council. All permits issued under this section expire on March 31 of each
year.
Subd. 5. License Classes: Intoxicating Liquor.
(a) 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:
(1) Class A: A licensed premises of 20,000 square feet or greater in area;
(2) Class B: A licensed premises of at least 12,000 square feet, but less than 20,000
square feet in area; or
(3) Class C: A licensed premises of at least 6,000 square feet, but less than 12,000
square feet in area; or
(4) Class D: A licensed premises less than 6,000 square feet in area.
(b) 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
(g) outside area shall be compact in size and shall not exceed an area as may be considered
reasonably by city council.
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June 17, 2014
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 III. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 17th day of June, 2014.
r
1' eth Weir, ayor
ATTEST:
Scott T. Johnson, ity Administrator -Clerk
Published in the South Crow River News this 26th day of June, 2014.
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June 17, 2014