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Item 3.6 Liquor License conditions491 OtsTe Fo MINNrSOTA 4L..r� Request for City Council Action DEPARTMENT INFORMATION Plannin Consent STRATEGIC VISION Planner Licht Administrator/Finance Director Fla 8 February 2021 3.6 —Liquor Ordinance X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS staff recommends approval of an ordinance regarding conditions for liquor licenses. An off -sale liquor store in Otsego contacted the City regarding home delivery of liquor products from their existing licensed business. City staff reviewed Minnesota Rules and contacted the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division. Licensed off -sale liquor stores are allowed to provide delivery services subject to the procedures outlined in Minnesota Rules 7515.0580, which are attached. The City may establish more restrictive regulations and Section 4-1-6.A.3 of the City Code states that no license is effective beyond the areas approved in the license for which it is granted. This may be interpreted most conservatively as requiring the sale and delivery of good only at the business location. The Administrative Subcommittee directed that an amendment to Section 4-1-6.A.3 of the City Code be red to provide clarification that the ■ Minnesota Rules 7515.0580 ■ Ordinance 2021-02 Sion does allow for delivery as allowed by Minnesota Rules. POSSIBLE MOTION BUDGET INFORMATION 1 REVISOR 7515.0580 DELIVERY. 7515.0580 Subpart 1. Restrictions. Only licensed or authorized off -sale liquor retailers and no other class of retailers may make deliveries of alcoholic beverages from their stores to the residence of a purchaser or other location, provided however, that such delivery shall be made only to a person 21 or more years of age; and provided further, that such delivery must not be made to alcohol beverage licensed establishments or other public or private place in violation of law or ordinance. Subp. 2. Delivery tickets required. The person in charge of any vehicle delivering alcoholic beverages to purchasers must carry an invoice or delivery slip stating the date and names and addresses of the seller and purchaser, itemizing the number, size, and brands of alcoholic beverages to be delivered. Upon delivery, the invoice must be signed by the person accepting delivery and by the deliverer and the signed copy preserved on the retailer's premises for a period of six months. Subp. 3. Retailer may refuse to deliver. Any retailer, or employee or agent of the retailer, may refuse to sell or deliver alcoholic beverages to any person whom they have reason to believe is ineligible to buy such liquor, as provided by Minnesota Statutes, sections 340A.502 to 340A.505 and 340A.701 to 340A.705, or whom they have reason to believe intends to deliver the alcoholic beverages to ineligible consumers. They may require a person of doubtful age to produce written evidence as required in Minnesota Statutes, section 340A.503, subdivision 6, of being 21 or more years of age. Subp. 4. Forbidden deliveries. No off -sale retailer shall sell, ship, or deliver alcoholic beverages to purchasers in any county, municipality, or area where the sale or delivery thereof is prohibited by law. No retailer shall deliver or permit the delivery of any alcoholic beverages during the hours when off -sale of liquor is prohibited by state law or municipal ordinance. Subp. 5. [Repealed by amendment, 8 SR 2478] Subp. 6. Open stock deliveries prohibited. Only alcoholic beverages ordered and packed at the store for delivery shall be carried in the delivery vehicle. Statutory Authority: MS s 14.06; 299A.02; 340.507 History: 8 SR 2478; L 1985 c 305 art 7 s 4; art 9 s 1 to S; 17 SR 1279; 27 SR 1580 Published Electronically: October 14, 2013 Copyright ©2013 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. ORDINANCE NO.: 2021-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING THE CONDITIONS FOR ALCOHOLIC BEVERAGE LICENSING. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 4-1-6.A.3 of the City Code (Alcoholic Beverages —Conditions of License) is hereby amended to read as follows: 3. Area Of License: No license shall be effective beyond the areas approved in the license for which it was granted, except as may be allowed in accordance with Minnesota Rules. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR. THOSE OPPOSED. ADOPTED by the City Council of the City of Otsego this 8th day of February, 2021. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk 1