ITEM 6.1IT`
ot Ce 0
MINNESOTA
DFPA 'T FNT INFORMATION
Request for
City Council Action
................ _.....H........_......_._. v.._. _
ORGINATING DEPARTMENT: T:
w n n..... _ _n �:. _ __ __n_:..,::..::: ....... , v ..x w ..w._._...._._........
REQUE To :
.................v... _ n...._... N . _
DATE:
Legal
Ander MacArthur
November 26, 2012
P# E ENTB s):
REVIEWED Br.
ITEM
City Attorney
City Administrator
6.1
Fr)A ITEM DETAILS
RECOMMENDATION:
Council approval of attached Ordinance Amendment to change the City Code provisions regarding
revocation and suspension of license.
ARE YOU SEEKING APPROVAL OF A CONTRACT?IS
A PUBLIC HEARING E QUI ED?
No
No
BA O NDIJUSTIFICATION:
The Council recently approved a change in the liquor ordinances that would allover sale of both 3.2 malt
liquor and intoxicating liquor from lam to 2 m. The Council discussion related to the possibility of
charging an additional City license fee for a required State 2am permit. Additionally, the County Sheriff
indicated that there may have been such a charge in St. Michael, Staff was directed to research that
issue and come back to the Council with any recommended ordinance changes related to such a license,
or to the section regarding revocation or suspension of City license.
Research indicates that'neither Stn Michael nor ars City researched has an additional fee for sales after
lana. Further, there is no langurage within the State statute authorizing the City to charge additional
license fees for after lam sales. The State requires a fee for the 2arn sales license.
Attached are additional revisions to the section of the ordinance regarding revocation or suspension of
liquor licenses that provide that violations of City ordinance or state statutes or regulations occurring
after lana gill be reported to the Mate for purposes of their license with the owner. Additionally,
language has been added to make it clear that violations of other City ordinances, such as repeater
nuisance violations, can serge as a basis for penalties or revocation or suspension of licenser
SUPPORTING DOCUMENTS: x A17A HED n NONE
a proposed Ordinance Amendment ent (Ordinance 2012-17)
MOTION: (Please word motion as you would like It to appear In the minutes.)
Motion to Approve ordinance No.t2 12-17 An ordinance Amending the City Coale Regarding Penalties
For Liquor License Violations.
BUDGET INFORMATION
LCTION TAKEN
o APPROVED AS REQUESTED a DENIED
BUDGETED: a YES
n NO
oTABLED OTHER (List changes)
ORDINANCE leo.. 2012-17
CITY of OSLO
COUNTY of WRIGHT
STATE of MINNESOTA
AN ORDNANCE AMENDING THE CITY CODE REGARDING
PENALTIES FOR LIQUOR LICENSE VIOLATIONS
THE CITY COUNCIL of THE CITY of o S G o DOES HEREBY
ORDAIN:
Section 1. Section 7 -3.1 I.B. 1 of the City Code is hereby amended to read
as follows
1. Upon a finding that a licensee of any license granted pursuant to the City'
Liquor Ordinance has failed to comply with an applicable statute,
regulation o • ordinance relating to alcoholic beverages, or any nuisance or
other violation of the City Code resulting from its business operations, the
City Council may issue a civil penalty not to exceed two thousand dollars
($2,000.00)and may suspend the license for up to sixty 60days.
S e etion 2. Section -3 -I I.B. 5 of the City Code is hereby amended to re ad
as follows
5. In addition to the penalties set forth above, the City Council may also aet to
revoke a license for non-compliance with an applicable statute, regulation
or ordinance, including.re eats d nuisance or other violations of the fit
Code related to its business o erationO
Section 3. Section 7-3-1 I .B .6 of the City Code is hereby amended to read
as follows
6. If any civil penalty, suspenslb
ion or revocation of a City license is found to
be specifically related to allowed business -operations after one o'clock
(1:00)AM the City Council mpy act to suspend or revoke the sale of li uo
after one o'clock1;00
7 I I allowed bythe Cft.i license and shall forward
S
its findinas and recommendations to the State of Minnesota for acv
applicable action. pursuant to the Stats permit for operation after one
o'eoe (1:00) Ali,
Section 4. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY,a
SECONDED BY:
IN FAVOR,
OPPOSED:
ADOPTED by the City Council of the City of Otsego this 26"' day of
November, 2012.
CITY of OTSEGO
Jessica Stockamp, Mayor
ATTEST:
Tami Loff, Cit
y Clerk
2