ORD 17-11SUMMARY OF ORDINANCE NO.: 2017-11
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING REGULATION OF
ALCOHOLIC BEVERAGES.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 7, Section 1 of the City Code (Business Licenses — Reserved) is
hereby amended to read as follows:
SECTION 1
ALCOHOLIC BEVERAGES
Section:
7-1-1
Provisions of State Law Adopted
7-1-2
Definitions
7-1-3
License Required
7-1-4
Types of Licenses
7-1-5
License Term
7-1-6
Conditions of License
7-1-7
Securities
7-1-8
Administration
7-1-9
Enforcement and Penalties; Suspension, Revocation
Section 2. Chapter 7, Section 2 of the City Code (Business Licenses — 3.2 Malt
Liquors) is hereby repealed in its entirety.
Section 3. Chapter 7, Section 3 of the City Code (Business Licenses — Intoxicating
Liquors) is hereby repealed in its entirety.
Section 4. Chapter 7, Section 4 of the City Code (Business Licenses — Sunday Liquor
Ordinance) is hereby repealed in its entirety.
Section 5. This Ordinance shall become effective immediately upon its passage and
publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
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ADOPTED by the City Council of the City of Otsego this 25TH day of September,
2017.
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
ATTEST: Tami Loff, City Clerk
Pursuant to Minnesota Statutes 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 Zoning Administrator/City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego,
Minnesota 55330 during regular office hours.
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ORDINANCE NO.: 2017-11
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING REGULATION OF
ALCOHOLIC BEVERAGES.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 7, Section 1 of the City Code (Business Licenses — Reserved) is
hereby amended to read as follows:
SECTION 1
ALCOHOLIC BEVERAGES
Section:
7-1-1
Provisions of State Law Adopted
7-1-2
Definitions
7-1-3
License Required
7-1-4
Types of Licenses
7-1-5
License Term
7-1-6
Conditions of License
7-1-7
Securities
7-1-8
Administration
7-1-9
Enforcement and Penalties; Suspension, Revocation
7-1-1: PROVISIONS OF STATE LAW ADOPTED: The provisions of Minnesota
Statutes 340A, with reference to the definition of terms and all other matters pertaining to the
retail sale, distribution, and consumption of intoxicating liquor are hereby adopted and made a
part of this Section as if fully set out herein, except as hereinafter modified.
7-1-2: DEFINITIONS: For the purposes of this Section, the following terms shall have
the meanings given them herein:
INTEREST: Interest includes any pecuniary interest in the ownership, operation, management
or profits of a retail liquor establishment, but does not include: bona fide loans; bona fide fixed
sum rental agreements; bona fide open accounts or other obligations held with or without
security arising out of the ordinary and regular course of business of selling or leasing
merchandise, fixtures or supplies to such establishment; or an interest of five percent (5%) or
less in any corporation holding a City liquor license; a person who receives monies from time to
time directly or indirectly from a licensee in the absence of a bona fide consideration therefor
and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such
license. In determining "bona fide", the reasonable value of the goods or things received as
consideration for the payment by the licensee and all other facts reasonably tending to prove or
disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of
this Section shall be considered.
OUTDOOR ENTERTAINMENT: entertainment outside an enclosed building including shows,
plays, skits, musical revues, children's theater, dance productions, musical concerts, opera and
the production or provision of sights or sounds or visual or auditory sensations which are
designed to or may entertain, and including dancing by patrons related to said entertainment.
PATIO: A patio is any outdoor area located on the premises used for serving food or alcohol.
RESTAURANT: A business under the control of a single proprietor or manager having a full-
service kitchen, in consideration of payment, meals are regularly served at tables to the general
public and which employs an adequate staff to provide the usual and suitable service to its
guests, and part of the business of which is the serving of foods. Such establishment shall have
facilities for seating not less than fifty (50) guests at one time.
7-1-3: LICENSE REQUIRED:
A. No person, except as provided in Minnesota statutes sections 340A.301, subdivisions 1
and 8, 340A.510, and manufacturers and wholesalers to the extent authorized by law,
shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor
without first having received a license to do so as provided in this Section; nor shall any
private club or public place, directly or indirectly or upon any pretense or by any device,
allow the consumption or display of intoxicating liquor or serve any liquid for the purpose
of mixing with intoxicating liquor without first having obtained a license therefor from the
City as provided in this Section.
B. Holders of an on -sale intoxicating liquor license are exempt from the requirement that an
on -sale 3.2 percent malt liquor license be obtained, and off -sale intoxicating liquor
licensees are exempt from the requirement that an off -sale 3.2 percent malt liquor
license be obtained before selling 3.2 percent malt liquor.
3-1-4: TYPES OF LICENSES:
A. Brewpub, Off -Sale License: An off -sale brewpub licenses may be issued only in
accordance with Minnesota statutes 340A.
B. Brewpub, On -Sale License: An on -sale brewpub license may be issued only in
accordance with Minnesota statutes 340A.
C. Cocktail Room License: A cocktail room license may be issued only in accordance with
Minnesota statutes 340A.
D. Consumption and Display License: A consumption and display license may be issued in
accordance with the provisions of Minnesota Statutes Section 340A.414 for the
consumption and display of intoxicating liquor or the serving of any liquid for the purpose
of mixing with intoxicating liquor. This subsection shall not apply to any person or
premises otherwise licensed by the City for the sale of intoxicating liquor.
E. Farm Winery License: A farm winery liquor license may permit the sale of sale, on the
farm winery premises, of table, sparkling, or fortified wines produced by that farm winery
at on -sale or off -sale, in retail, or wholesale lots in accordance with the provisions of
Minnesota Statutes 340A.315.
F. Off -Sale 3.2 Percent Malt Liquor License: An off -sale 3.2 percent malt liquor license may
permit the sale of beer at retail, in the original package, for consumption off the premises
only.
G. On -Sale Intoxicating Liquor License: An On -sale intoxicating liquor license may be
issued only to restaurants whose gross food and beverage receipts of the restaurant are
at least fifty percent (50%) attributable to the sale of food, and shall be regulated as
follows:
1. Each on -sale intoxicating liquor licensee shall have the continuing obligation to
have at least fifty percent (50%) of gross food and beverage receipts from the
restaurant during the preceding business year attributable to the sale of food.
2. For the purpose of this section, "sale of food" shall include gross receipts
attributable to the sale of food items, soft drinks, and nonalcoholic beverages; it
shall not include any portion of gross receipts attributable to the nonalcoholic
components of plain or mixed alcoholic beverages, such as ice, soft drink mixes
or other mixes.
f- 3. The restaurant shall submit to the City a copy of the verified State of Minnesota,
Department of Revenue sales and use tax return on an annual basis or as
requested. The City may obtain its own audit or review of such documents or
information, and all licensees shall cooperate with such a review, including
prompt production of requested records.
4. The City may place the license of any on -sale intoxicating liquor licensee on
probationary status for up to one (1) year, when the sale of food is reported, or
found to be, less than fifty percent (50%) of gross food and beverage receipts for
any business year.
5. If, after the probationary period, food sales are still less than fifty percent (50%),
the establishment shall not be eligible for the renewal of an intoxicating liquor
license.
H. On -Sale Sunday Liquor Sale License: An on -sale Sunday liquor sale license may be
issued to establishments holding an on -sale liquor license hereunder. Such license shall
permit the sale of liquor to be consumed on the premises in conjunction with the serving
of food. A separate application for such license shall be made to the city in the same
manner as applications for other licenses to sell intoxicating liquor are made hereunder.
On -Sale Wine License: An On -sale wine license may be issued for the sale of wine not
exceeding twenty four percent (24%) alcohol by volume for consumption on the licensed
premises only, in conjunction with the sale of food. An on -sale wine license may be
issued only to a restaurant having facilities for seating at least twenty-five (25) guests at
one time. An on -sale wine licensee who is also licensed to sell 3.2 percent malt liquors
at on -sale, and whose gross receipts are at least sixty percent (60%) attributable to the
sale of food, is authorized to sell intoxicating malt liquors at on -sale without an additional
license.
J. On -Sale 3.2 Percent Malt Liquor License: An on -sale 3.2 percent malt liquor license may
be granted only to bona fide clubs, beer stores, restaurants, and hotels where food is
prepared and served for consumption on the premises. On -sale 3.2 percent liquor
licenses shall permit the sale of beer for consumption on the premises only.
K. Small Brewer Off -Sale Malt Liquor License: A small brewer off -sale malt liquor license
may be issued only in accordance with Minnesota statutes 340A.
L. Special Club License: A special on -sale licenses shall be issued only to clubs in
accordance with the provisions of Minnesota statutes section 340A.404, subdivision 1.
M. Taproom License: A taproom license may be issued only in accordance with Minnesota
statutes 340A.301.
N. Temporary 3.2 Percent Malt Liquor License: The City Council may issue a temporary on -
sale license for the sale of 3.2 percent malt liquor to a club, charitable religious or
nonprofit organization. Except where specifically excluded, applicants for temporary
licenses shall be subject to the provisions of this Section. The temporary license shall
be subject to such terms and conditions as the City Council shall subscribe.
O. Temporary On -Sale Licenses: The City Council may issue to a club or charitable
religious or nonprofit organization in existence for at least three (3) years or to a political
committee registered under Minnesota statutes section 10A.14 a temporary license for
the on -sale of intoxicating liquor in connection with a social event within the City
sponsored by the licensee.
1. The license may authorize the on -sale of intoxicating liquor for:
a. Not more than four (4) consecutive days and no more than three (3) 4 -
day, four (4) 3 -day, or six (6) 2 -day temporary licenses, in any
combination not to exceed twelve (12) days per year to any one (1)
organization or registered political committee, or for any one (1) location,
within a twelve (12) month period.
b. Location(s) other than the premises the licensee owns or permanently
occupies.
2. The license may provide that the licensee may contract for intoxicating liquor
catering services with the holder of a full year on -sale liquor license issued by the
city.
3. The licenses are subject to the terms, including license fee, imposed by the City.
4. The licenses issued under this Section are subject to all laws and ordinances
governing the sale of intoxicating liquor except Minnesota Statutes 340A.409 and
340A.504, subdivision 3, paragraph (d), and the laws and ordinances which by
their nature are not applicable.
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5. Temporary licenses must first be approved by the Commissioner of Public Safety
before they become valid. Not more than one temporary license may be issued
to any one organization or registered political committee, or for any one location,
within any thirty (30) day period.
7-7-5: LICENSE TERM:
A. License Term. All liquor licenses shall be issued for a term not greater than one (1)
year, and shall expire on June 30 each year.
B. Continued Validity of License:
Premises. The licensed premises must be operated and managed by the
licensee. The licensee may not allow a prospective or actual buyer to manage or
operate the premises until that person is licensed.
2. Corporations. Licenses issued to corporations shall be valid only so long as
there is no change in the officers or ownership interest of the corporation, unless
such change is approved by the City Council, in which event said license shall
continue in force until the end of the then current license year.
a. Corporations holding licenses shall submit written notice to the City Clerk
of any change in operating officers at least thirty (30) days prior to the
effective date of such change. The written notice shall designate the new
operating officer and shall contain all of the information about said person
as is required of a single applicant. The new operating officers shall be
subject to the investigation required by this Section and payment of
investigation fees.
b. The designation of a new operating officer shall not cause the
corporation's license to become invalid before a decision is rendered by
the City Council, provided proper notice and application are made
pursuant to this Section. A proposed new operating officer shall be
referred to as the interim operating officer. in the event an interim
operating officer is rejected by the City Council, the corporation shall
designate another interim operating officer and- make the required
application within fifteen (15) calendar days of the City Council's decision.
In that event, a corporation shall be limited to two (2) successive interim
operating officers.
3. Associations and Partnerships. Licenses issued to associations or partnerships
shall be valid only so long as there is no change in the partnership or association
agreement or in the ownership of said partnership or association unless such
change is approved by the City Council, in which event said license shall
continue in force until the end of the then current license year.
4. Changes to Corporation, Associations, Partnerships. Licensees shall submit
written notice to the City Clerk of any such changes described herein on or
before thirty (30) days prior to the effective date of any such change.
Notwithstanding the definition of "interest" as given in this Section in the case of
a corporation, the licensee shall notify the clerk when a person not listed in the
application acquires an interest which, together with that of a spouse, parent,
! brother, sister or child, exceeds five percent (5%) and shall give all information
about said person as is required of a person pursuant to the provisions of this
Section.
7-1-6: CONDITIONS OF LICENSE: Each license issued in accordance with the
provisions of this Section and each licensee shall be approved subject to the following
conditions:
A. Compliance with Laws:
1. City and State Laws: Every license shall be granted subject to the conditions of
this Section and of any other applicable ordinance of the City and/or laws of the
State.
2. Consumption and Display: No person shall mix or prepare intoxicating liquor or
3.2 percent malt liquor for consumption in any public place not licensed in
accordance with the ordinances of the City and the laws of the State.
3. Area of License: No license shall be effective beyond the areas approved in the
license for which it was granted.
4. Transfer. No license may be transferred to another person or to another place
without the approval of the City Council, and without a new application having
been approved in accordance with this Section.
B. Posting License. The license shall be posted in a conspicuous place in the licensed
establishment at all times.
D. Conduct of Business. Every licensee shall be responsible for the conduct of their place
of business including conduct and activity of the premises attributable to the business.
1. Hours of Operation:
a. The provisions of Minnesota statutes section 340A.504 with reference to
the hours of sale are hereby adopted and made a part of this Section as if
fully set out herein.
b. Malt liquor in growlers may also be sold at off -sale on Sunday after eight
o'clock (8:00) A.M.
C. Persons other than employees of the licensee may not be in the premises
from thirty (30) minutes after the sale of malt liquor or intoxicating liquor is
prohibited until thirty (30) minutes before the sale is permitted.
2. Beverage Restrictions:
a. No intoxicating liquor shall be sold, furnished, or delivered to any
obviously intoxicated person, to any known habitual drunkard, to any
minor, or to any person to whom sale is prohibited by state law.
b. No person shall give, sell, procure, or purchase intoxicating liquor to or for
any person to whom the sale of intoxicating liquor is forbidden by law.
C. Persons Under the Legal Drinking Age:
(1) No licensee, their agent, or employee shall serve or dispense
upon the licensed premises any intoxicating liquor or 3.2 percent
malt liquors to a person under the legal drinking age; nor shall
such licensee, or their agent, or employee, permit any such
person to be furnished or consume any such liquors on the
licensed premises; nor shall such licensee, their agent, or
employee, permit any such person to be delivered any such
liquors.
(2) No persons under the legal drinking age shall receive delivery of
intoxicating liquor.
(3) Identification Required:
(a) Any person shall, upon demand of the licensee, his/her
employee or agent, produce and permit to be examined a
current driver's license or non -qualification certificate
issued by the state department of public safety. In the case
of a foreign national, a valid passport may be used as an
alternative to the foregoing methods of identification.
(b) No person under the legal drinking age shall misrepresent
their age for the purpose of obtaining intoxicating liquor or
3.2 percent malt liquor, nor shall they enter any premises
licensed for the retail sale of intoxicating liquor or 3.2
percent malt liquor for the purpose of purchasing or having
served or delivered to them for consuming any such
intoxicating liquor or 3.2 percent malt liquor, nor shall any
such person purchase, attempt to purchase, consume or
have another person purchase for them any intoxicating
liquor or 3.2 percent malt liquor.
(c) In every prosecution for a violation of the provisions of this
Section relating to the sale or furnishing of intoxicating
liquor or 3.2 percent malt beverages to persons under the
legal drinking age, and in every proceeding before the City
Council with respect thereto, the fact that the person
involved has obtained and presented to the licensee, their
agent or employee, a driver's license, passport, or non -
qualification certificate issued by the Department of Public
Safety, from which it appears that said person was not
under the legal drinking age and was regularly issued such
identification card, shall be prima facie evidence that the
licensee, their agent or employee is not guilty of a violation
of such a provision and shall be conclusive evidence that a
violation, if one has occurred, was not willful or intentional.
d. Hotels. No sales of intoxicating liquor shall be made to or in guestrooms
of hotels unless the rules of such hotel provide for the service of meals in
guestrooms; nor unless the sale of such intoxicating liquor is made in the
manner "on -sales" are required to be made; nor unless such sale
accompanies and is incidental to the regular service of meals to guests
therein; nor unless the rules of such hotel and the description, location
and number of such guestrooms are fully set out in the application for a
license.
e. No on -sale liquor license shall display liquor to the public during the hours
when the sale of liquor is prohibited.
3. Patios:
a. The issuance of a license pursuant to this Section shall be limited to the
sale and consumption of alcoholic beverages inside of a structure on the
licensed premises, unless the licensee applies for and receives approval
from the City Council for a patio to allow the sale and consumption
outside of a structure on the licensed premises.
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.
(4) Screening may be required if the premises are adjacent to a
residential district established by the Zoning Ordinance, consistent
with the fencing/screening/landscaping provisions of the Zoning
Ordinance.
(6) 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
(11:00) P.M. on Friday and Saturday.
(7) The patio shall be in compliance with the noise amplification and
outdoor entertainment provisions of the City Code.
(8) The premises shall be in compliance with the following provisions
of the Zoning Ordinance:
(a) Exterior lighting.
(b) Off-street parking.
(c) Signs.
4. Outdoor Entertainment:
a. Outdoor entertainment, including dancing, shall be allowed on premises
only when a license issued under this Section specifically authorizes
outdoor entertainment and/or dancing.
b. The City Council may impose conditions on allowance of outdoor
entertainment to ensure the quietude, safety, and welfare of the premises'
surrounding neighborhood and community.
C. Outdoor entertainment shall require issuance of an annual permit as
required and regulated by Chapter 7, Section 14 of the City Code.
5. Prohibited Activities:
a. Gambling is prohibited unless licensed in accordance with the City Code.
b. No licensee shall knowingly permit the licensed premises or any room in
those premises or any adjoining building directly under his control to be
used by prostitutes.
C. No licensee shall knowingly permit the sale, possession or consumption
of controlled substances on the licensed premises in violation of
Minnesota Statutes 152.
6. Right of Inspection:
a. Any Sheriff's Deputy, Building Inspector, or any properly designated
officer or employee of the City shall have the unqualified right to enter,
inspect, and search the premises of any licensee hereunder at any time
without a warrant.
b. The business records of the licensee, including federal and state tax
returns, shall be available for inspection by the City at all reasonable
times upon written request.
7-1-7: SECURITIES:
E
A. All applicants for any type of intoxicating liquor, 3.2 percent malt liquor, or wine license,
must, as a condition to the issuance of the license, maintenance of the license and
renewal of the license, demonstrate to the City proof of financial responsibility with
regard to liability imposed by Minnesota Statutes 340A.801; the minimum requirements
for proof of financial responsibility shall be as set forth in Minnesota statutes section
340A.409.
B. Certificates of insurance required by this Section shall provide that the City shall be
given ten (10) days' advance written notice of the cancellation of any insurance
described in the certificate.
7-1-8: ADMINISTRATION OF LICENSES:
A. Application:
1. Applications shall be filed with the City Clerk.
2. In addition to the information which may be required by the forms of the
Commissioner of Public Safety, the applicant shall complete the application
forms furnished by the City.
3. Patios:
a. The application shall contain a detailed description of the patio and site
plan of the entire premises including 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 number of Residential Equivalent Connection units
(RECs) as determined by the City.
(6) Detailed construction plans for fence and/or landscape barrier
type and height, with emergency exit gate hardware and locations.
b. The complete patio application and site plan must be submitted to the
City Clerk for review of the City Clerk, Zoning Administrator, Building
Official, and Wright County Sheriff's Office before submission to the City
Council for consideration of approval; City staff will review the patio
application within thirty (30) days of receipt of a complete application for
compliance with applicable City Codes and the Zoning Ordinance.
C. City Council consideration of the patio shall be based upon, but not
limited to, past performance of the licensee in maintaining order and
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obeying applicable laws in the principal licensed premises; the adequacy
of the proposal to provide for the safety of persons on the proposed
premises; impacts on the surrounding properties including lighting and
noise levels; and suitability of ingress and egress arrangements, including
control of persons entering and leaving for purposes of preventing
consumption by minors.
3. If the application is by a natural person, it shall be signed and sworn to by such
person; if by a corporation, by an officer thereof; if by a partnership, by one of the
partners; if by an unincorporated association, by the operating officer or
managing officer thereof. If the applicant is a partnership, the application, license
and bond or insurance policy shall be made and issued in the name of all
partners.
4. It shall be unlawful to make any false statement in an application.
5. Fees:
a. Fees for application, investigation, and issuance of a license as provided
for under this Section shall be as set forth in Chapter 2, Section 4 of the
City Code.
b. When a license is issued between July 1 and December 31, inclusive, the
license fee shall be the annual license fee; when a license is issued
between January 1 and May 31, inclusive, the license fee shall be one-
half (1/2) the annual license fee; when a license is issued between June 1
and June 30, inclusive, the license fee shall be one -twelfth (1/12) the
annual license fee.
C. Investigation Fees:
(1) At the time of each original application for a license, the applicant
shall pay the applicable investigation fees; for investigations
conducted outside the state, the City may recover the actual
investigation costs if the costs exceed the applicable fees; any
fees due in excess of the in-state investigation fee must be paid
prior to the license hearing and before the City Council considers
the application.
(2) At any time an additional investigation is required because of a
change in the ownership of any license or control of a corporate
license, or because of a transfer from place to place, the licensee
shall pay an additional investigation fee equal to a fee for a new
license.
(3) At any time that an additional investigation is required because of
an enlargement, substantial alteration which, in the City's opinion,
changes the character of the establishment, or extension of
premises previously licensed, the licensee shall pay an additional
r investigation fee equal to a fee for a new license.
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(4) Where a new application is filed as a result of incorporation by an
existing licensee and the ownership control and interest in the
license are unchanged as determined by the City, no additional
investigation fee will be required.
d. The license fee or fee for renewal of an existing license shall be paid in
full before the application for the license is accepted.
e. No part of the fee paid for any license shall be refunded, except as
authorized under Minnesota Statutes 340A.408, or upon rejection of any
application of a license, or upon withdrawal of an application before
approval of the issuance of a license by the City Council; the license fee
shall be refunded to the applicant, except where rejection is for a willful
misstatement in the license application; the investigation fee shall not be
refunded.
B. Persons Ineligible for Licensee:
State Law: No license shall be granted to or held by any person made ineligible
for such a license by state law.
2. Multiple Interest: No person shall have an interest in more than two (2) on -sale
intoxicating liquor licenses in the City.
3. Operating Officer: No license shall be granted to a corporation that does not have
an operating officer who is eligible pursuant to the provisions of this Section.
4. Real Party In Interest: No license shall be granted to a person who is the spouse
of a person ineligible for a license pursuant to the provisions of subsections 1
and 2 of this section or who, in the judgment of the council, is not the real party in
interest or beneficial owner of the business operated, or to be operated, under
the license
5. Outstanding Debts:
a. No license shall be granted or renewed for operation on any premises on
which real estate taxes, assessments, or other financial claims of the City
or of the State are due, delinquent, or unpaid.
b. If an action has been commenced pursuant to the provisions of
Minnesota Statutes 278, questioning the amount or validity of taxes, the
City Council may, on application by the licensee, waive strict compliance
with this provision; no waiver may be granted, however, for taxes, or any
portion thereof, which remain unpaid for a period exceeding one (1) year
after becoming due unless such one-year period is extended through no
fault of the licensee.
6. Criminal History: The City Council shall have the right to deny a license to any
r applicant who has any of the following criminal history:
a. Convicted felon.
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b. Driver's license that was canceled as inimical to public safety.
C. Pattern of alcohol related offenses.
C. Renewal Applications. Applications for the renewal of an existing license shall be made
at least sixty (60) days prior to the date of the expiration of the license, and shall state
that everything in the prior applications remains true and correct except as otherwise
indicated. If, in the judgment of the City Council, good and sufficient cause is shown by
any applicant for his failure to file for a renewal within the time period provided, the City
Council may, if the other provisions of this Section are complied with, grant the
application.
D. Investigation:
Authorization. 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.
2. Notice. 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:
a. The grounds and reasons for the denial;
b. The applicable complaint and grievance procedure as set forth in
Minnesota statutes section 364.06;
C. The earliest date the applicant may reapply for a license; and
d. That all competent evidence of rehabilitation will be considered upon
reapplication.
F. Hearing:
Notice of Hearing: Upon completion of an investigation for license under this
Section, the City Clerk shall cause to be published in the official newspaper ten
(10) days in advance, a notice of hearing to be held by the City Council, setting
forth the date, time, and place when the hearing will be held, the name of the
applicant, the premises where the business is to be conducted, the nature of the
business and such other information as the council may direct.
2. Conduct of Hearing: At the hearing, the City Council shall give opportunity to any
person to be heard for or against the granting of the license.
3. Hearing Not Required: No hearing shall be required to be held for the following
applications:
a. Renewal applications.
13
b. Temporary licenses.
G. Granting of License: After such investigation and hearing, the City Council shall grant or
refuse the application in its discretion; a three-fifths (3/5) vote of the City Council shall be
required for the granting of a license.
H. Issuance of License:
Issuance. Each license shall be issued to the applicant only.
2. Exact Location and Area:
a. Except in the case of a golf course, licenses shall only be issued to a
space that is compact and contiguous; each license shall be issued only
for the exact rooms and square footage described in the application.
b. Proposed enlargement, substantial alteration which, in the City's opinion,
changes the character of the establishment or extension of premises
previously licensed shall be reported to the Clerk at or before the time
application is made for a building permit for any such change; the
enlargement, substantial alteration or extension shall not be allowed
unless the council approves an amendment to the liquor license.
3. Premises Under Construction. When a license is granted for premises where the
building is under construction or otherwise not ready for occupancy, the City
Clerk shall not issue the license until notified by the Building Official that the
building is ready for occupancy.
Report to State: The City Clerk shall, within ten (10) days after the issuance of any
license under this Section, submit to the Commissioner of Public Safety the full name
and address of each person granted a license, the true name, the effective license date,
and the date of expiration of the license; the City Clerk shall also submit to the
Commissioner of Public Safety any change of address, transfer, cancellation, or
revocation of any license by the City Council during the license period.
7-1-9: ENFORCEMENT AND PENALTIES; SUSPENSION, REVOCATION:
A. Basis for Suspension or Revocation of License. The City Council may suspend or
revoke any license issued under this Section for any of the following reasons:
1. False or misleading statements made on a license application or renewal, or
failure to abide by the commitments, promises, or representations made to the
City Council.
2. Violation of any special conditions under which the license was granted,
including, but not limited to, the timely payment of real estate taxes, and all other
charges.
14
3. Violation of any State or Federal law regulating the sale of intoxicating liquor, 3.2
percent malt liquor, or controlled substance.
4. Creation of a nuisance on the premises or in the surrounding area.
5. That the licensee suffered or permitted illegal acts upon the licensed premises or
on property owned or controlled by the licensee adjacent to the licensed
premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor.
6. That the licensee had knowledge of illegal acts upon or attributable to the
licensed premises, but failed to report the same to the police.
7. Expiration or cancellation of any required insurance, or failure to notify the city
within a reasonable time of changes in the term of the insurance or the carriers.
B. Inactive License, The City Council may revoke a license issued under this Section of
any establishment granted a license that is not under construction and exhibiting
satisfactory progress toward completion within six (6) months from its issuance, or any
establishment that ceases operation for a period of six (6) months.
C. Presumptive Penalties. This Section shall establish a standard by which the City
Council determines penalties that are presumed to be appropriate for violation(s) of this
Section; the City Council may deviate from the presumptive penalty where the City
Council finds that there exist substantial reasons making it appropriate to deviate;
The civil penalty and/or suspension imposed may, at the City Council's
discretion, be based upon, the following guidelines related to the licensee's total
number of violations within the preceding two (2) year period as follows:
Violation
Civil Fine
Suspension
1St
$1,000.00
None
2n
$2,000.00
One (1) day
3F
$2,000.00
Three (3) days
4
$2,000.00
Five (5) days
5 or more
1 $2,000.00
Seven (7) days
2. In addition to the civil penalty and suspension that may be imposed by the City
Council, the licensee, their agents and employees shall complete Best Practices
training within sixty (60) days of the City Council's decision to impose penalties or
the license shall be suspended for seven (7) days in addition to other penalties,
including required completion of Best Practices training.
3. Suspension of the license as may be imposed by the City Council under this
Section shall be for those dates as determined by the City Council.
4. Multiple Violations:
15
a. The City Council shall act upon all of the violations that have been alleged
in the notice sent to the licensee.
b. The City Council in such cases shall consider the presumptive penalty for
each violation.
C. The occurrence of multiple violations is grounds for deviation from the
presumed penalties in the City Council's discretion.
5. Subsequent Violations.
a. Violations occurring after the notice of a violation has been mailed, but
prior to the hearing, shall be treated as a separate violation and dealt with
as a second violation; the same procedure applies to the second, third, or
fourth violation.
b. Upon a second or subsequent violation by the same licensee, the City
Council shall impose the presumptive penalty for the violation or
violations giving rise to the subsequent notice without regard to the
particular violation or violations that were the subject of the prior violation;
however, the City Council may consider the amount of time elapsed
between appearances as a basis for deviating from the presumptive
penalty imposed by this Section.
6. Other Penalties: Nothing in this Section shall restrict or limit the authority of the
City Council to deviate from the presumptive penalties outlined herein, including
but not limited to, suspending the license for up to sixty (60) days, revoke the
license, impose a civil fee not to exceed two thousand dollars ($2,000.00), to
impose a combination of penalties and/or conditions, or take any other action in
accordance with law; provided, that the license holder has been afforded an
opportunity for a hearing.
7. Findings. The City Council shall by resolution provide written findings that
support the penalty imposed.
D. Hearing:
1. A licensee shall be given ten (10) days written notice sent via First Class US Mail
of a penalty, suspension, or revocation action stating the charges against the
licensee, the right to request a hearing as well as a proposed date, time, and
place of the hearing if required:
a. In the case of a civil penalty only there shall be no right to a hearing.
b. In the case of a proposed suspension or revocation of the license the
notice shall state that the licensee has a right to a hearing only if they
affirmatively request the hearing within ten (10) days of receipt of the
notice and that the hearing is otherwise waived.
16
2. Notice of cancellation, lapse of a current liquor liability insurance policy, shall also
constitute notice to the licensee of the impending suspension of the license; the
holder of a license suspended under these circumstances may request in writing
to the City Clerk a hearing to be held by the City Council not less than ten (10)
days or more than sixty (60) days from the date the request is received by the
City Clerk.
3. A hearing to consider suspension or revocation of a license shall be conducted
by the City Council in accordance with Minnesota Statutes 14.57 to 14.70.
Section 2. Chapter 7, Section 2 of the City Code (Business Licenses — 3.2 Malt
Liquors) is hereby repealed in its entirety.
Section 3. Chapter 7, Section 3 of the City Code (Business Licenses — Intoxicating
Liquors) is hereby repealed in its entirety.
Section 4. Chapter 7, Section 4 of the City Code (Business Licenses — Sunday Liquor
Ordinance) is hereby repealed in its entirety.
Section 5. This Ordinance shall become effective immediately upon its passage and
publication.
MOTION BY: Heidner
SECOND BY: Tanner
ALL IN FAVOR: Stockamp, Heidner, Tanner, Darkenwald
THOSE OPPOSED: None
2017.
ADOPTED by the City Council of the City of Otsego this 25th day of September,
17
CITY OF OTSEGO
BY:
Jes ca L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Charlene Vold 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 hasi-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 09/30/2017 and the last
insertion being on 09/30/2017.
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:
Designated Agent
Subscribed and sworn to or affirmed before
me on 09/30/2017 by Charlene Vold.
Notary Public
VVVVVVVV*%
DARLENE MARIE MAUKERKN '�
NOW Public -Minnesota
i ra • My Contmleelon Expires Jen 31, 2019
r•
Rate Information:
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for comparable space:
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Ad ID 738985
CITY OF OTSEGO
COUNTY OF WRIGHT,
MINNESOTA
SUMMARY OF
ORDINANCE NO.: 2017-11
AN ORDINANCE AMENDING
THE CITY CODE
REGARDING REGULATION
OF ALCOHOLIC
BEVERAGES.
THE CITY COUNCIL OF THE
CITY OF OTSEGO DOES HEREBY
ORDAIN:
Section 1. Chapter 7, Section 1
of the City Code (Business Licens-
es — Reserved) is hereby amended
to read as follows:
SECTION 1
ALCOHOLIC BEVERAGES
Section:
7-1-1 Provisions of State Law
Adopted
7-1-2 Definitions
7-1-3 License Required
7-1-4 Types of Licenses
7-1-5 License Term
7-1-6 Conditions of License
7-1-7 Securities
7-1-8 Administration
7-1-9 Enforcement and Penal-
ties; Suspension, Revocation
Section 2. Chapter 7, Section 2
of the City Code (Business Licens-
es — 3.2 Malt Liquors) is hereby re-
pealed in its entirety.
Section 3. Chapter 7, Section 3
of the City Code (Business Licens-
es — Intoxicating Liquors) is hereby
repealed in its entirety.
Section 4. Chapter 7, Section 4
of the City Code (Business Licens-
es — Sunday Liquor Ordinance) is
hereby repealed in its entirety.
Section 5. This Ordinance shall
become effective immediately
upon its passage and publication.
MOTION BY: Heldner
SECOND BY: Tanner
ALL IN FAVOR: Stockamp, Heid-
ner, Tanner, Darkenwald
THOSE OPPOSED: None
ADOPTED by the City Council of
the City of Otsego this 25TH day of
September, 2017.
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
ATTEST: Tami Loff, City Clerk
Pursuant to Minnesota Statutes
412.191, Subd. 4 and 331A.01,
Subd.10, this Ordinance is pub-
lished in summary form. Com-
plete copies of the ordinance are
available for inspection by con-
tacting the Zoning Administrator/
City Clerk, Otsego City Hall, 13400
90th Street NE, Otsego, Minnesota
55330 during regular office hours.
Published in the
Star News
September 30, 2017
738985