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ORD 91-07f CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 91-07 AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON -INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF WITHIN THE CITY OF OTSEGO The following official summary of Ordinance No. 91-07 has been approved by the Otsego City Council as clearly informing the public of the intent and effect of the ordinance: It is the intent and effect of the ordinance to incorporate substantially in full statutory provisions relating to the sale and consumption of non -intoxicating malt liquors, to license such sale and regulate such sale and consumption within the city , to provide for suspension and revocation of such licenses for violation of statues and ordinances, and to make any such violation a misdemeanor. A printed copy of the ordinance is available for inspection by any person at the office of the city clerk and at the Otsego City Hall. This summary approved by the Otsego City Council this 11th day of February, 1991. cy(&-!:� �- Norman F. Froske,Mayor ,A,2417 V rome Pe ault, CityClerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AN ORDINANCE LICENSING AND REGULATING THE SALE CONSUMPTION OF INTOXICATING LIQUOR AND WINE, AND PROVIDING A PENALTY FOR VIOLATION The following official summary of this ordinance has been approved by the Otsego City Council as clearly informing the public of the intent and effect of the ordinance: It is the intent and effect of the ordinance to adopt by reference statues relating to the licensing and sale of intoxicating liquor and wine within the city; to provide for "on -sale" and "off -sale" liquor licenses, and "on -sale" wine licenses, and suspension and revocation of such licenses for violation of statues and ordinances; to prohibit sales without a license; and to provide a penalty for violation. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Otsego City Hall. This su ryproved1by the Otsego City Council this _ day of cs, 0 ae_4_e� Norman F. Freske, Mayor J me Perr u t, City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE N0. 91-07 AN ORDINANCE CONCERNING THE LICENSING AND REGULATION OF NON -INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF WITHIN THE CITY OF OTSEGO Section 1. Definitions. The definitions contained in Minn. Stat. 340A.101 are hereby adopted and incorporated within this ordinance by reference. The term "beer" will be substituted for non -intoxicating malt liquor throughout this ordinance. Section 2. Provisions of State Law Adopted. The provisions of Minn. Stat. 340A et seq relating to licensing, consumption, sales, hours of sale and all other matters pertaining to the retail sale, distribution and consumption of non -intoxicating malt liquor are adopted and made a part of this section as if set out in full. Section 3. License Requirement. Subd. 1. Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the City without first having received a license as hereinafter provided. Licenses shall be of three kinds: Regular "On -Sale"; Temporary "On -Sale"; and "Off -Sale". Subd. 2. Temporary "On -Sale". Temporary "On -Sale" licenses shall be granted only to bona fide clubs or charitable, religious or non-profit organization for the sale of beer for consumption on the premises only. Subd. 3. Regular "On -Sale". Regular "On -Sale" licenses shall be granted only to clubs, drugstores, restaurants, hotels, bowling centers and establishments used exclusively for the sale of beer with the incidental sale of tobacco and soft drinks. "On -Sale" licenses shall permit the sale of beer for consumption on the premises only. Subd. 4. "Off -Sale". "Off -Sale" licenses shall permit the sale of beer at retail in the original package for consumption off the premises only. Section 4. License Applications. Every application for a license to sell beer shall be made to the City Clerk on a form supplied by the City and containing such information as the Clerk or Council may require. It shall be unlawful to make any false statement in an application. Every application for the issuance or renewal of a license shall include a copy of each summons received by the applicant under Minn. Stat. 340A.802 during the preceding year. Section 5. License Fees. Subd. 1. Payment Required. Each application for a license shall be accompanied by a receipt from the Clerk for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license, the Clerk shall refund the amount paid. Subd. 2. Expiration; Pro Rata Fees. Every license except a temporary license shall expire on the last day of June of each year. Each license, except a temporary license, shall be issued - 2 - for a period of one year, except that if a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the license. Subd. 3. Fees. The annual fee for an "Off -Sale" beer license is $50.00. The annual fee for an "On -Sale" beer license is $75.00. The fee for a temporary license is $25.00 per day. Subd. 4. Refunds. No part of the fee paid for any license issued under this section shall be refunded except in the following instances upon application to the City Council within thirty (30) days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: 1). Destruction or damage of the licensed premises by fire or other catastrophe; 2). The licensee's illness; 3). The licensee's death; 4). A change in the legal status of the municipality making it unlawful for the licensed business to continue; 5). The business ceases to be lawful for a reason other than a license revocation; 6). The licensee ceases to carry on the licensed business under the license. Section 6. Granting of License. - 3 - Subd. 1. Investigation and Hearing. The City Council or it's designees shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing, the Council shall grant or refuse the application in its discretion. Subd. 2. Transfers. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the Council. Subd. 3. Proof of Financial Responsibility Prior to issuance of license, the applicant shall file with the City Clerk proof of financial responsibility with regards to liability imposed by Minn. Stat. 340A.801, by filing with the City one of the following: (a). A Certificate showing insurance against general liability and that imposed by Minn. Stat. 340A.801 in the amount of $50,000.00 coverage for bodily injury to any one person in any one occurrence, $100,000.00 coverage for two or more persons in any one occurrence, $10,000.00 coverage because of injury to or destruction of property of others in any one occurrence, $50,000.00 coverage for loss of means of support of any one person in any one occurrence, and $100,000.00 for loss of means of support of two or more persons in any one occurrence; or (b). A Surety Bond with minimum coverages as provided in clause (a), or a certificate of the State Treasurer or securities in accordance with Minn. - 4 - Stat. 340A.409. Every licensee shall further demonstrate proof of financial responsibility by filing the insurance certificate, surety bond, or state treasurer's certificate with the Commissioner of Public Safety in compliance with Minn. Stat. 340A.409, Subd. 1 except that if a license involves sales of beer of a prospective vendor who is not required by law to file such proof with the commissioner of public safety, such proof need only be filed with the City Clerk. The liability insurance policy required by clause (a). of this section shall provide that it may not be canceled for: (1) any cause, except for non-payment of premium, by either the insured or the insurer unless the canceling party has first given thirty (30) days notice in writing to the City of intent to cancel the policy; and, (2) non-payment of premium unless the canceling party has first given ten (10) days notice in writing to the City of intent to cancel the policy. The insurance certificate required by this section shall be approved as to form by the City Attorney. Subd. 4. Filing Violation. The operation of an "On -Sale" or "On -Sale", or "Temporary On -Sale" beer business without having on file at all time the insurance, bond, or other security required by Subd. 3. of this section shall be grounds for immediate revocation of the license. Section .7. Persons Ineligible For License. No license shall be granted to any person made ineligible for such a license by state law. Section 8. Place Ineligible For License. - 5 - Subd. 1. General Prohibition. No license shall be granted any place or any business ineligible for such a license under State law. Subd. 2. No license shall be granted for sale on any Premises where a licensee has been convicted of the violation of ordinance, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after such conviction or revocation. Subd. 3. Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid. Subd. 4. Distance from School or Church. No license shall be granted within five hundred (500) feet of any independent school district owned building or within five hundred (500) feet of any church. Section 9. Conditions of License. Subd. 1. General Conditions. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this chapter and of any other applicable chapter of City or State law. Subd. 2. Sales to Minors or Obviously Intoxicated Persons. No beer shall be sold or served to any obviously intoxicated person or to any person under 21 years of age. Subd. 3. Consumption by Minors. No person under 21 years of age shall be permitted to consume beer on the licensed premises, nor shall any minor who has consumed beer or intoxicating liquor be permitted on the licensed premises. Subd. 4. Employment of Minors. No persons under 18 years of age shall be employed on the premises of any establishment used exclusively for the sale of beer with the incidental sale of tobacco and/or soft drinks. Subd. 5. Gambling. No gambling or any gambling device shall be permitted on any licensed premises, except for pull -tabs, lottery, or other State -sanctioned gambling activities. Subd. 6. Interest of Manufacturers or Wholesalers. No manufacturer or wholesaler of beer shall have any ownership of or interest in any establishment licensed to sell at retail contrary to the provisions of Minn. Stat. 340A.301, 340A.308 or 340A.309. No retail licensee shall receive any benefit contrary to law from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. Subd. 7. Liquor Dealer's Stamp. No licensee shall sell beer while holding or exhibiting in the licensed premises a Federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors. Subd. 8. Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor and who does not hold a consumption or display permit shall sell or permit the consumption and display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the - 7 - premises of such licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this Ordinance. Subd. 9. Searches and Seizures. Any peace officer, health officer, or other properly designated officer or employee of the City, may enter, inspect, and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors found on the premises in violation of Subd. 8. Subd. 10. Licensee Responsibility. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this ordinance equally with the employee. Subd. 11. Banquet Rooms. A regular "On -Sale" license shall entitle the holder to serve beer in a separate room of the licensed premises for banquets or.dinners at which are present not fewer than 25 persons. Subd. 12. Insurance. Compliance with financial responsibility requirements of state law and this ordinance is a continuing condition of any license granted pursuant to this ordinance. Section 10. Hours of Operation. M&M No sale of beer shall be made on any Sunday between 1:00 a.m. and 12:00 Noon nor between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. No beer shall be sold between the hours of 1:00 a.m. to 8:00 p.m. on the day of any Statewide election. Section 11. Clubs. No club shall sell beer except to members and to guests in the company of members. Section 12. Restrictions on Purchase and Consumption. Subd. 1. Age Misrepresentations. No person under 21 years shall misrepresent his age for the purpose of obtaining beer. Subd. 2. Purchasing. No person under the age of 21 years shall purchase or attempt to purchase beer. Subd. 3. Inducing Purchase. No person shall induce a person under 21 years of age to purchase or procure beer. Subd. 4. Entering Licensed Premises. It is unlawful for a person under the age of 21 years to enter an establishment licensed under this ordinance in order to purchase beer or have beer served or delivered to. Subd. 5. Procurement. No person shall procure beer for any person under the age of 21 years, except that a parent or guardian of a minor may give or furnish beer to that person solely for consumption in the household of the parent or guardian. Subd. 6. Possession. No person under the age of 21 years shall have beer in his possession with the intent to consume it at a place other than the household of his parent or guardian. Possession at a place other than the household of a parent or - 9 - guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian. Subd. 7. Proof Of Age. Proof of age for purchasing or consuming beer may be established only by a valid drivers license or Minnesota identification card, or in the case of a foreign national by a valid passport. Subd. 8. Public Consumption. No person shall consume beer on a public street, public sidewalk, or public parking lot unless the location is under a temporary license in force when the consumption takes place. Subd. 9. Liquor Consumption and Display. No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors or who does not hold a consumption and display permit. Section 13. Suspension and Revocation. Subd. 1. General. The Council shall either suspend for up to sixty (60) days, or revoke the licensee's license or impose a civil fine not to exceed $2,000.00 for each violation on a finding that the licensee has failed to comply with an applicable statute, regulation or ordinance relating to alcoholic beverages. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minn. Stat. 14.57 to 14.69. The lapse of required dram shop insurance or bond, or withdrawal of required deposit of cash or securities, shall effect an immediate suspension of any license issued pursuant to this ordinance without further action of the city council. Notice of cancellation, lapse of a current liquor liability policy or bond, or withdrawal of deposited cash or securities shall also constitute notice to the licensee of the - 10 - impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or bond, or withdrawal of a required deposit, or of suspension or revocation of a license may request a hearing thereon, and if such a request is made in writing to the clerk, a hearing shall be granted within 10 days or such longer period as may be required. Any suspensions under this paragraph shall continue until the city council determines that the financial responsibility of this ordinance has again been met. Subd. 2. Notice. Ten (10) days written notice of suspension or revocation shall be given to the licensee. Said notice shall contain the date, time and place of the hearing as well as the nature of the charges against the licensee. Section 14. Penalt Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished pursuant to penalty provided by State statute, and as later amended, plus the costs of prosecution in any case. ssed by the Otsego City Council this day of V CX Norman Freske, Mayor ATTEST: (erome Perrault, City Clerk