ORD 93-06PUBLISHED IN THE STAR NEWS, ELK RIVER: August 18, 1993
ORIGINAL -
CITY OF OTSEGO
ARIGHT COUNTY, MINNESOTA
ORDINANCE NO.
Amendment of Existing Code Provisions:
Ordinance No. 91-08
Licensing and Regulation of Intoxicating Liquors
An ordinance amending Otsego Ordinance No. 91-08 by adding or
amending certain provisions concerning granting a Temporary "On -
Sale" license.
•rhe City of Otsego Ordains:
Section 1. Otsego Ordinance 91-08, Section 2 is amended by the
addition of a new Subdivision 4 as follows:
Subd. 4 Use of City Owned Facilities. The City may
authorize the holder of a Regular "On -Sale" intoxicating
Liquor License issued by the City or by an adjacent City
to dispense intoxicating liquor at any convention,
banquet, conference, meeting or social affair conducted
on the premises of a sports, convention or cultural
facility owned by the City or its instrumentalities
having independent policy making and appropriating
authority. For purposes of this Subdivision the said
premises specifically includes, but is not limited to,
the City Hall and its associated Community Center. The
Licensee must be engaged to dispense intoxicating liquor
at an event held by a person or organization permitted to
use the premises and may dispense intoxicating liquor
only to persons attending the event. in no case shall
any Licensee dispense intoxicating liquor to any person
attending or participating in an amateur athletic event
held on the premises.
Section 2. Otsego Ordinance 91-08, Section 3 is amended as
follows:
Section 3, Subdivision 1 is wholly repealed and replaced by the
following:
Subd. 1 FORM.
(a) On -Sale License or On -Sale Wine License. Every
application for an On -Sale or On -sale Wine License
allowing the sale of liquor within the City of Otsego on
other than a temporary basis shall state the name of the
applicant, the applicant's age, representations as to the
applicant's character with such references as the Council
may require, the applicant's citizenship, the type of
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license applied for, the business, corporation,
partnership or other organization with which the proposed
license will operate and its location, whether the
applicant is the owner and operator of the business,
corporation or other organization, how long the business,
corporation, partnership or other organization has
operated or existed at any other place of business or
operation, whether or not the applicant or the
applicant's business, corporation, partnership or other
organization controls other liquor licenses in other
municipalities, whether or not the applicant has ever
been denied a liquor license or had a liquor license
suspended or revoked in any other jurisdiction including
a summary of facts leading to such action1s), and such
other information as the Council may require from time to
time. Every application shall also include a copy of
each summons and complaint under Minn. Stat. 340A.802
received by the applicant or any business, corporation,
partnership or other organization in which the applicant
has been a principal, officer or owner during the
preceding year. In addition to containing such
information, the application shall be in the form
prescribed by the bureau of criminal apprehension and
shall be verified and filed with the city Clerk. -`No
person shall make a false statement in an application.
(b) Temporary On-Sale License. Applications for a
Temporary On-Sale License shall state the name of the
applicant, the applicant's age, representations as to the
applicant's character with such references as the Council
may require, the applicant's citizenship, the type of
license applied for, the business, corporation,
partnership or other organization with which is
sponsoring the event or occurrence requiring the license,
the applicants relationship to that organization, how
long the organization has operated or existed within the
City of Otsego, whether or not the applicant or the
organization controls any other liquor licenses in the
City of Otsego, whether or not the applicant has ever
been denied a liquor license or had a liquor license
suspended or. revoked in the City of Otsego or any
adjoining municipality including a summary of facts
leading to such action(s), and such other information as
the Council may require from time to time. Every
application shall also include a copy of each summons and
complaint under Minn. Stat.. 340A.802 received by the
applicant_or the organization during the preceding year.
In addition to containing such information, the
application shall be in the form prescribed by the bureau
of criminal apprehension. The application shall be
accompanied by a sworn affidavit in a form approved by
the City Attorney attesting to the facts of the
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application. No person shall make a false statement in
an application.
Section 3. Otsecfo Ordinance 91-08 Section 5 is amended as
follows:
Section 5, is amended by addition of a new Subdivision 1 as
follows:
Subd. 1 Delegation of Authority for Temporary Licenses The
Council may delegate authority to issue Temporary "On -Sale"
Licenses for intoxicating liquor to the Deputy Clerk, City
Administrator or other such City Official who reports directly
to the Council and is responsible for the.- day to day
management of the City's administrative affairs regardless of
title. Such delegation shall be made by resolution of the
Council.
Section 5, Subdivision 1 is amended by renumbering as Subdivision
2 and the addition of the following to the title:
Current Subdivision 1:
Subd. 1 Investigation.
Amended to:
Subd. 2 Investigation of Applicants for Other than Temporary
On -Sale Licenses.
Section 5 is amended by the addition of a new Subdivision 3 and the
renumbering of the current Subdivision 2 as Subdivision 4:
Subd. 3 Investigation of Applicants for Temporary On -Sale
Licenses. If the Council has delegated the authority to issue
Temporary On -Sale Licenses in accordance with Section 5,
Subdivision 1 of this Ordinance, as amended, the delegee shall
review the facts set out in the application, the insurance
information provided by the applicant and the affidavit
provided by the applicant. If the application is complete in
form and the facts indicate the applicant is of good moral
character and repute the delegee shall grant the license
without hearing by the Council or other process required by
this Ordinance. The delegee, in the delegee's discretion, may
refer the application to the council for its consideration in
which case the application shall be considered in the manner
provided for other licenses for sale of intoxicating liquor.
If the application is denied the ,applicant may appeal to the
Council for a hearing on the matter. A request for a hearing
on a denial must be made in writing and within 30 days of the
denial. The council shall hear the applicant at the next
regularly scheduled meeting after receipt of the notice of
appeal. No Temporary on -Sale License is valid until such time
as it, together with the security furnished by the applicant,
3.
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has been approved by the Commissioner of Public Safety.
Section 5 is amended by the renumbering of the current Subdivision
3 as Subdivision 5.
Section 5 is amended by the renumbering of the current Subdivision
4 as Subdivision 6.
Section 3. Effective Date This ordinance amendment shall be in
full force and effect from and after its passage and publication
according to law.
Passed this - 26TTU day of - 11 -IT y 1993.
or n�Freske, Mayor
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f�YLh
CZrrrome PeulrK
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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 summary a roved by the Otsego City Council this
day of /IY/�,r�� 7i . 1991.
V
ome -Peri ult, City Clerk
:j
Norman F. Freske, Mayor