ORD 2021-18 Amending the City Code Regarding Alcohol LicensingORDINANCE NO.: 2021-18
CITY OF OTSEGO
COUNTY OF WRIGHTI MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING ALCOHOL LICENSING.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 3-12.A of the City Code (Licenses -Liquor) is hereby amended to repeal the
following provisions:
Section 2. Section 4-1-6.C.3 of the City Code (Alcoholic Beverages —Conditions of License) is
hereby amended to read as follows:
3. Patios:
a. Site Plan Required: Requests for approval of a patio as part of the premises for
an on -sale liquor license issued in accordance with this section shall include a
site plan drawn to scale depicting the following:
1) Distance of the proposed patio from all property lines.
2) Area and seating capacity of the licensed building.
3) Area and seating capacity including table, chair, and aisle arrangements
of the proposed patio.
4) Current off street parking stalls provided on site and number of parking
stalls required in accordance with the zoning ordinance.
5) Additional utility connection charges required based on number of
residential equivalent connection units (RECs) as determined by the City
in accordance with Title 6, Chapter 1 of this code.
6) Detailed construction plans for fence and/or landscape barrier type and
height, with emergency exit gate hardware and locations.
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b. Performance Standards:
1) The patio shall not be enclosed in such a manner that the space
becomes an indoor area as defined by Minnesota Statute.
2) The patio shall be attached to the licensed premises and share at least
one common wall with the licensed premises building in accordance
with Minnesota Statute, the patio shall not be part of a public street,
sidewalk, or other public grounds.
3) The patio shall be clearly delineated by an approved fence at least forty
two inches (42") in height or some other approved structure or barrier
that is compact and contiguous to prevent the ingress or egress of
persons to and from the patio, except as required by the Fire Code.
4) Screening may be required if the premises is adjacent to a residential
district established by the zoning ordinance, consistent with the
fencing/screening/landscaping provisions of the zoning ordinance.
5) Liquor and food may be served, dispensed, possessed, displayed, or
furnished on a patio located within one hundred fifty feet (150') of a
residential district between the hours of seven o'clock (7:00) A.M. and
ten o'clock (10*00) P.M. Sunday through Thursday, and between the
hours of seven o'clock (7:00) A.M. and eleven o'clock (11000) P.M. on
Friday and Saturday.
6) The patio shall be in compliance with the noise amplification and
outdoor entertainment provisions of this Code.
7) The premises shall be in compliance with the following provisions of the
zoning ordinance:
A) Exterior lighting.
B) Off street parking.
C) Signs.
c. The patio site plan shall be subject to review by the City Clerl<, Zoning
Administrator and Building Official for compliance with applicable City codes
and the zoning ordinance.
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Section 3. Section 4-1-6.C.4 of the City Code (Alcoholic Beverages — Conditions of License) is
hereby amended to read as follows:
4. Outdoor Entertainment: Outdoor entertainment shall require issuance of an annual
permit as required and regulated by chapter 3 of this title.
Section 4. Section 4-1-8.A.2 of the City Code (Alcoholic Beverages —Administration of Licenses)
is hereby repealed and subsequent sections renumbered accordingly.
Section 5. Section 4-1-8.D of the City Code (Alcoholic Beverages —Administration of Licenses) is
hereby amended to read as follows:
D. Investigations: At the time of making an initial application, renewal application, or request for a
new operating officer, the applicant shall, in writing, authorize the City Clerk to investigate all
facts set out in the application and do a personal background and felony criminal record check on
the applicant. The applicant shall further authorize the City Clerk to release information received
from such investigation to the City Council.
Section 6. Section 4-1-8.E of the City Code (Alcoholic Beverages —Administration of Licenses) is
hereby repealed and subsequent sections renumbered accordingly.
Section 7. Section 4-1-8.G.2.a of the City Code (Alcoholic Beverages —Administration of Licenses)
is hereby amended to read as follows:
a. Except in the case of a golf course, licenses shall only be issued to a space that is
compact and contiguous and issued only for the exact rooms, patios, and square
footage described in the application.
Section 8. Section 4-1-8 of the City Code (Alcoholic Beverages —Administration of Licenses) is
hereby amended to add the following provisions:
Notice Of Denial: Should the City Council deny the applicant's request for a license due, partially
or solely, to the applicant's prior conviction of a crime, the City Council shall notify the applicant
in writing of the following information:
1. The grounds and reasons for the denial;
2. The applicable complaint and grievance procedure as set forth in Minnesota Statutes
section 364.06;
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3. The earliest date the applicant may reapply for a license; and
4. That all competent evidence of rehabilitation will be considered upon reapplication.
Section 9. This Ordinance shall become effective immediately upon its passage and publication.
MOTION BY: MOORES
SECOND BY: DAHL
ALL IN FAVOR: STOCKAMP, DARKENWALD, GOEDE, MOORES, DAHL
THOSE OPPOSED: NONE
ADOPTED by the City Council of the City of Otsego this 25th day of October, 2021.
CITY OF OTSEGO
BY:
1. •gip\\.E Dv,yo C •,, — V_. Jessica
4
mp, Mayor
ATi EST:
Audra Etzel, City Clerk
SUMMARY OF ORDINANCE NO.: 2021-18
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING ALCOHOLIC BEVERAGES.
NOTICE IS HEREBY GIVEN that on October 25, 2021, Ordinance 2021-18 was adopted by the City
Council of the City of Otsego, Minnesota.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends City Code
pertaining to:
1. Fees.
2. Patios.
3. Outdoor entertainment.
4. Investigations.
5. Public hearings.
6. Notice of Denial.
ADOPTED by the City Council of the City of Otsego this 25th day of October, 2021.
OF O ''0OIL00e
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O = CITY OF OTSEGO
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BY: Jessica L. Stockamp, Mayor
VIVO
WOOF, ATTEST: Audra Etzel, City Clerk
Pursuant to Minnesota 9tatutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in
summary form. Complete copies of the ordinance are available for inspection by contacting the City
Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Karen Nelson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/30/2021 and the last
insertion being on 10/30/2021.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: { 1 �'I.y`�W_�,
Designated Agent
Subscribed and sworn to or affirmed before
me on 10/30/2021 by Karen Nelson.
Notary Public
rv::ioJ2024
DARLENE MARIE MACPHER
NOTARY PUBUC • MINNESO
MY Cofnn IML Expires Jan 31,
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Ad ID 1178511
CITY OF OTSEGO
COUNTY OF WRIGHT,
MINNESOTA
SUMMARY OF ORDINANCE
NO.: 2021-18 AN ORDI-
NANCE AMENDING THE
CITY CODE REGARDING
ALCOHOLIC BEVERAGES.
NOTICE IS HEREBY GIVEN
that on October 25, 2021, Ordi-
nance 2021-18 was adopted by the
City Council of the City of Otsego,
Minnesota.
NOTICE IS FURTHER GIVEN
that the ordinance adopted by the
City Council amends City Code
pertaining to:
1. Fees.
2. Patios.
3. Outdoor entertainment.
4. Investigations.
5. Public hearings.
6. Notice of Denial.
ADOPTED by the City Council
of the City of Otsego this 25th
day of October, 2021.
CITY OF OTSEGO
BY: Jessica L. Stockamp,
Mayor
ATTEST: Audra Etzel,
City Clerk
Pursuant to Minnesota Statutes
412.191, Subd. 4 and 331A.01,
Subd.10, this Ordinance is pub-
lished in summary form. Complete
copies of the ordinance are avail-
able for inspection by contacting
the City Clerk, Otsego City Hall,
13400 90th Street NE, Otsego,
Minnesota 55330 during regular
office hours.
Published in the
Star News
October 30, 2021
1178511