ORD 93-07CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 93-7
Amendment of Existing Code Provisions:
Ordinance No. 91-07
Licensing and Regulation of Non -intoxicating Malt Liquors
An ordinance amending Otsego Ordinance No. 91-07 by adding or
amending certain provisions concerning granting a Temporary "On -
Sale" license.
The City of Otsego Ordains:
Section 1. Otsego Ordinance 91-07, Section 4 is amended _s
follows:
Section 4 is wholly repealed and replaced by the following:
Section 4. License Applications.
Subd. 1. Regular "On -Sale" and "Off -Sale" Licenses.
(a) Form. Every application for such Licenses 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.
(b) Proof of Insurance. Applicants shall provide proof
on insurance in accordance with the requirements of this
Ordinance.
(c) Evidence of Violations. 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.
(d) Process. The City Clerk shall perform a background
investigation on each applicant as required by applicable
Minnesota Statutes, this Ordinance and the directions of
the City Council. The results of the investigation shall
be reported to the Council for consideration before any
hearing considering the issuance of said License.
(e) False Statements. It shall be unlawful to make any
false statements in an application.
Subd. 2. Temporary "On -Sale" Licenses.
(a) Form. Every application for such License shall be
made to the City Clerk on forms supplied by the City and
containing such information as the Clerk or Council may
require.
(b) Affidavit of Fitness. Applicant shall be required
to provide a sworn affidavit of character, said affidavit
to be in a form approved by the City Attorney.
(c) Proof of Insurance._ Applicants shall provide proof
on insurance in accordance with the requirements of this
Ordinance.
(d) Delegation of Council Authority, The Council may
delegate authority to issue Temporary "On -Sale" Licenses
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.
(e) Process. If the Council has delegated the authority
to issue Temporary "On -Sale" Licenses to a City official
that official shall review the required application
materials and determine whether the applicant meets the
requirements of this Ordinance. If the applicant meets
the requirements the official shall issue the license.
If the license is denied the official shall inform the
applicant of the denial, the reasons for the denial and
of the applicants right to appeal to the council. If the
Council has not delegated its authority to issue
Temporary "On -Sale" Licenses the City Clerk shall receive
the application, review it and report to the Council.
The Council shall conduct a hearing and decide the matter
in the manner prescribed for regular Licenses.
(f) False Statements. It shall be unlawful to make any
false statements in an application.
Section 2. Otsego Ordinance 91-07,- Section 6, Subdivision 1_s
amended as follows:
Current Subdivision 1:
Subd. 1. Investigation and Hearing. The City Council or it's
designee 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.
Subdivision 1, as amended:
Subd. 1. Investigation and Hearing.
(a) Regular "On -Sale" and "Off -Sale" Licenses: The City
Council or it's designee 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.
(b) Temporary "On -Sale" Licenses: The City Council or
the designated official shall investigate all facts set
out in the application to the satisfaction of the Council
or the designee. If the designated official denies the
license the applicant may request a hearing before the
Council. Said request shall be made in writing within 30
days of the refusal. The Council shall hear the
applicant regarding issuance of the license at the next
regularly scheduled meeting following submission of the
request. In the event the designated official has notice
of any actual or potential conflict or controversy
surrounding the issuance of the License that official may
refer the matter of issuance of the License to the
Council for consideration.
A new Subdivision 4 shall be added and shall read as follows:
Subd. 4. Temporary "on -sale" License, Provision of
information: Upon granting any Temporary "On -Sale" License
the issuing authority shall provide the applicant with a
summary of the relevant provisions of the City of Otsego
Ordinance 91-07. Said summary shall include, at a minimum,
any restriction on the sale or consumption of beer,
restrictions on transfer of the License, any time or date
restrictions, restrictions on location of the point of sale,
insurance requirements and any requirements for maintaining
documents or other filings at the place of sale.
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 .26TH day of JULY 1993.
o Freske, Mayor