HomeMy WebLinkAbout9B Small Brewer
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 23, 2016
AGENDA #: 9B
PREPARED BY:
PRESENTED BY:
CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST
CASEY MCCABE
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTIONS 1101
GENERAL PROVISIONS, 1102 USE DISTRICT REGULATIONS AND 301 LIQ-
UOR CONTROL OF THE PRIOR LAKE CITY CODE RELATING TO BREW
PUBS, SMALL BREWERS AND MICRODISTILLERIES
DISCUSSION: Introduction
The purpose of this agenda item is to consider approval of an ordinance amend-
ing Sections 1101 General Provisions, 1102 Use District Regulations and 301
Liquor Control of the Prior Lake City Code which would allow brew pubs, small
brewers, taprooms, microdistilleries and cocktail rooms and allow these uses to
be granted on-sale and off-sale licenses for the sale of malt liquor and distilled
spirits, as permitted by recently adopted state law.
History
City staff has received a few inquiries over the past year related to small brew-
eries and taprooms in the City of Prior Lake. The city’s Zoning Ordinance does
not currently address brew pubs, small breweries, taprooms, microdistilleries or
cocktail rooms. The recent popularity of small breweries and microdistilleries in
Minnesota and the development of these uses in neighboring communities has
led staff to believe an ordinance amendment may be beneficial so the city is
better positioned to respond to this type of inquiry in the future.
On February 16, 2016 the Prior Lake Planning Commission initiated the review
of amendments to the Prior Lake City Code which may be necessary to allow
brew pubs, small breweries, microdistilleries and similar uses in the City of Prior
Lake.
The Planning Commission held a public hearing on May 2, 2016 and recom-
mended approval of the proposed amendments to Sections 301, 1101 and 1102
of the City Code.
Current Circumstances
City staff, with the assistance of the City Attorney’s office, has proposed amend-
ments to Sections 301 Liquor Control, 1101 General Provisions and 1102 Use
District Regulations of the City Code (attached) for City Council review.
The proposed ordinance deletes Section 301 Liquor Control in its entirety and
replaces with an amended Section 301 Liquor Control which addresses Brew
Pubs, Small Brewers, Taprooms, Microdistilleries and Cocktail Rooms. The or-
dinance updates hours and procedures and revises definitions; identifies addi-
tional land use descriptions in Section 1101 General Provisions related to Brew
2
Pubs, Small Brewers, Taprooms, Microdistilleries and Cocktail Rooms; and iden-
tifies which Zoning Use Districts these land uses will be allowed as a Permitted
Use or Use Permitted by Conditional Use Permit in Section 1102.
Brew Pubs
State statute authorizes a city to issue to a qualifying brewer an on-sale license
for a restaurant operated in the place of manufacture, referred to as a “brew
pub.” To be a brew pub the brewer must have a restaurant license. The brew
pub license may be either a 3.2 percent malt liquor license issued only for malt
liquor produced on-site by the brewer, or a full on-sale intoxicating liquor license
(allowing the sale of liquor, wine, and beer, including malt liquor produced at the
restaurant). This ordinance authorizes the issuance of on-sale brew pub li-
censes.
A city may also issue a separate off-sale license, in addition to an on-sale li-
cense, for the sale of 64-ounce containers or 750 milliliter bottles (commonly
known as “growlers”) of malt liquor produced and packaged on the premises.
This ordinance authorizes the issuance of off-sale brew pub licenses for the sale
of growlers.
Small Brewers – Brewer Taproom
State law also authorizes a city to issue an on-sale taproom license to a small
brewer for consumption on the premises of, or adjacent to, the brewery location.
The taproom license is limited to the sale of malt liquor that the brewer manufac-
tures on-site. The law permits, but does not require, the brewer to also operate
a restaurant on the premises. This ordinance authorizes the issuance of on-sale
taproom licenses.
The city may also issue an off-sale small brewer license to a small brewer for the
sale of malt liquor that is produced and packaged on-site. The small brewer off-
sale license is also limited to growlers. This ordinance authorizes the issuance
of an off-sale small brewer license for the sale of growlers. A small brewer seek-
ing an off-sale license may, but is not required to, also hold an on-sale taproom
license.
Microdistilleries – Cocktail Room
State statute authorizes a city to issue an on-sale “cocktail room” license to allow
a microdistillery to sell cocktails to the public. A cocktail room license allows the
on-sale of distilled spirits produced by the microdistillery for consumption on the
premises of, or adjacent to, the microdistillery. The holder of a cocktail room
license may, but is not required to, operate a licensed restaurant on the prem-
ises. This ordinance authorizes the issuance of on-sale cocktail room licenses.
State statute further allows a city to issue an off-sale license to a microdistillery
for the sale of distilled spirits manufactured on-site in the amount of one 375
milliliter bottle per customer per day. This ordinance authorizes the issuance of
off-sale microdistillery licenses.
Zoning Ordinance Amendments
Because of the dual industrial and commercial nature of small brewers, brewer
taprooms, microdistilleries and cocktail lounges, amendments to the Zoning Or-
dinance are necessary to permit such uses in relevant zoning districts.
The proposed Zoning Ordinance amendments would allow a brew pub, small
brewer, brewer taproom, microdistillery and cocktail room as a permitted use in
3
the TC, Town Center use district. These uses would be permitted by Conditional
Use Permit (CUP) in the C-2, General Business use district. The proposed or-
dinance amendments would also require the issuance of a CUP for a small
brewer, brewer taproom, microdistillery or cocktail room within the C-3, Business
Park or I-1, General Industrial use districts.
Conclusion
The proposed ordinance amendments define new land uses, including: Brew
Pubs, Small Brewers, Brewer Taproom, Microdistillery and Cocktail Room, iden-
tifies the zoning use districts where these uses would be allowed as a Permitted
Use or Use Permitted by Conditional Use Permit, allows these uses to be
granted on-sale and off-sale liquor licenses and amends Section 301, Liquor
Control to address these uses and conform to Minnesota State Statute require-
ments.
Ordinance Amendment recommendations of the Planning Commission and final
determinations of the City Council shall be supported by findings addressing the
relationship of the proposed amendment to the following policies. In the case of
amendments to the formal text of this Ordinance:
There is a public need for the amendment, or
The amendment will accomplish one or more of the purposes of this Ordi-
nance, the Comprehensive Plan or other adopted plans or policies of the
City, or
The adoption of the amendment is consistent with State and/or federal re-
quirements.
The amendment will accomplish one or more of the purposes of this Ordi-
nance, the Comprehensive Plan, or other adopted plans or policies of the
City.
The proposed amendments meet these purposes of the Zoning Ordinance:
Promote the most appropriate and orderly development of the residential,
business, industrial, public land and public areas.
Provide for compatibility of different land uses by segregating, controlling
and regulating unavoidable nuisance producing uses.
Maintain a tax base necessary to promote the economic welfare of the City
by insuring optimum values for property in the City.
Establish a continuing system of review of this Ordinance to insure it will be
amended to meet changing needs of the community and advances in
science and technology.
The adoption of this amendment is consistent with State and/or federal re-
quirements.
These amendments are consistent with Minnesota State Statutes.
Based upon the findings set forth in this report and the recommendation of the
Planning Commission following a public hearing, staff recommends approval of
the proposed amendments.
ISSUES:
Brew pubs, small brewers, microdistilleries and similar uses applying for or hold-
ing the liquor licenses must comply with all existing City Code provisions as to
licensing, enforcement, and other administrative matters.
4
FINANCIAL
IMPACT:
The City of Prior Lake Official 2016 Fee Schedule establishes liquor licensing
fees. Staff believes the established liquor license fees are adequate to address
potential on-sale and off-sale uses resulting from the proposed ordinance
amendments. The City of Prior Lake may determine at a future date that it
wishes to establish additional liquor license fees specific to brew pubs, small
brewers, taprooms, microdistilleries, cocktail rooms and similar uses.
ALTERNATIVES: 1. Motion and a second to approve an Ordinance amending Sections 301, 1101
and 1102 of the Prior Lake City Code as proposed, or as may be amended
by the City Council.
2. Motion and Second to approve a Resolution adopting the Summary of Ordi-
nance and ordering the publication of said summary.
3. Motion and a second to deny the proposed amendments to Sections 301,
1101 and 1102 of the Prior Lake City Code.
4. Motion and a second to table or continue discussion of the item for a specific
purpose.
RECOMMENDED
MOTION:
Alternatives No. 1 and No. 2
ATTACHMENTS: 1. Proposed Redline Amendments to Section 301
2. Proposed Redline Amendments to Section 1101
3. Proposed Redline Amendments to Section 1102
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. XXX-16
AN ORDINANCE AMENDING CITY CODE SECTIONS 301 LIQUOR CONTROL, 1101 GENERAL
PROVISIONS AND 1102 USE DISTRICT REGULATIONS RELATING TO BREW PUBS, SMALL
BREWERS, TAPROOMS, MICRODISTILLERIES AND COCKTAIL ROOMS AND ADOPTING BY
REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS
PENALTY PROVISIONS
The City Council of the City of Prior Lake, Minnesota ordains:
1. City Code Section 1101, Subsection 1101.1000 is amended by inserting the following definitions
in alphabetical order:
Brew pub. An establishment operating as a Brew Pub pursuant to City Code Section 301.
Brewer Taproom. An establishment operating as a Brewer Taproom pursuant to City Code
Section 301.
Cocktail Room. An establishment operating as a Cocktail Room pursuant to City Code Section
301.
Exclusive Liquor Store. An establishment operating as an Exclusive Liquor Store pursuant to
City Code Section
301.
Microdistillery. An establishment operating as a Microdistillery pursuant to City Code Section
301.
Small Brewer. An establishment operating as a Small Brewer pursuant to City Code Section
301.
2. City Code Section 1101, Subsection 1101.1000 is amended by amending the following definition:
Restaurants. An establishment whose principal business is the sale of food and beverages
which are prepared and served in individual portions in a ready to consume state for
consumption on site. This use is often found in conjunction with bars, hotels and food service.
It is preferably located on major thoroughfares with no access to residential streets.
Characteristics include late hours of operation, refuse, high car and truck traffic generation, and
cooking odors. A food service or deli is not considered to be a restaurant if seating is provided
for ten or fewer persons.
3. City Code Section 1102, Subsection 1102.801 (2) is amended by deleting “Liquor Stores” from
the following types of retail uses are considered appropriate for the Downtown area.
4. City Code Section 1102, Subsection 1102.801 is amended by inserting the following Permitted
Uses:
(14) Brew Pub
(15) Small Brewer
(16) Brewer Taproom
2
(17) Microdistillery
(18) Cocktail Room
(19) Exclusive Liquor Store
5. City Code Section 1102, Subsection 1102.802 (12) is amended as follows:
(12) Restaurants With and Without Liquor Licenses. Conditions:
a. Access shall be located so as to minimize access to and from to local residential streets.
b. Drive-through, drive-in and outdoor pick-up facilities are not permitted.
6. City Code Section 1102, Subsection 1102.807 (2) and Subsection 1102.808 (2) are amended by
deleting the references to “and Natural Resources” from the title of Community Development and
Natural Resources Director.
7. City Code Section 1102, Subsection 1102.1001 is amended by adding “Exclusive Liquor Store”
as a Permitted Use.
8. City Code Section 1102, Subsection 1102.1101 is amended by adding “Exclusive Liquor Store”
as a Permitted Use.
9. City Code Section 1102, Subsection 1102.1103 (5) (c) is amended as follows:
c. If the building housing the use is located less than 100 feet from any property line in an R-
1 Use District, the following additional conditions shall be met:
Liquor shall only be served from the hours of 78 am to 10 pm on Sunday
through Thursday and from 78 am to 11 pm on Friday, Saturday, and
holidays.
10. City Code Section 1102, Subsection 1102.1103 is amended by inserting the following:
(15) Brew Pub, Small Brewer, Brewer Taproom, Microdistillery, Cocktail Room. Conditions:
a. Access to the use shall be from a roadway identified in the Comprehensive Plan as
a collector street or located in a manner so that access can be provided without
generating significantly increased commercial traffic on local residential streets.
b. All customer entrances to the use shall be located a minimum of 100 feet from any
property line located in an “R” Use District. In the case of a multi-tenant building, the
entrance will be measured from the collective entrance. In the case of an entrance
with a vestibule, the most exterior customer entrance door will be the point of
measurement.
c. If the building housing the use is located less than 100 feet from any property line in
an R-1 Use District, the following additional conditions shall be met:
Liquor shall only be served from the hours of 8 am to 10 pm on Sunday
through Thursday and from 8 am to 11 pm on Friday, Saturday, and holidays.
3
All customer entrances to the use shall be through a vestibule area with an
inside and outside door.
A bufferyard Type E shall be installed and maintained along the property
adjacent to the R-1 Zoning District. If the R-1 and C-2 uses are separated
by a major collector or arterial roadway, the bufferyard Type E is not required.
Additional screening material (example: additional quantity and increased
size of coniferous trees), berming, and a solid fence or wall may be required
where additional screening is found necessary as part of the Conditional Use
Permit.
No outdoor amplified music, public address system, or outdoor special event
is permitted.
11. City Code Section 1102, Subsection 1102.1203 is amended by inserting the following:
(8) Small Brewer, Brewer Taproom, Microdistillery, Cocktail Room. Conditions:
a. Access to the use shall be from a roadway identified in the Comprehensive Plan as
a collector street or located in a manner so that access can be provided without
generating significantly increased commercial traffic on local residential streets.
b. All customer entrances to the use shall be located a minimum of 100 feet from any
property line located in an “R” Use District. In the case of a multi-tenant building, the
entrance will be measured from the collective entrance. In the case of an entrance
with a vestibule, the most exterior customer entrance door will be the point of
measurement.
c. If the building housing the use is located less than 100 feet from any property line in
an R-1 Use District, the following additional conditions shall be met:
Liquor shall only be served from the hours of 8 am to 10 pm on Sunday
through Thursday and from 8 am to 11 pm on Friday, Saturday, and holidays.
All customer entrances to the use shall be through a vestibule area with an
inside and outside door.
A bufferyard Type E shall be installed and maintained along the property
adjacent to the R-1 Zoning District. If the R-1 and C-3 uses are separated
by a major collector or arterial roadway, the bufferyard Type E is not required.
Additional screening material (example: additional quantity and increased
size of coniferous trees), berming, and a solid fence or wall may be required
where additional screening is found necessary as part of the Conditional Use
Permit.
No outdoor amplified music, public address system, or outdoor special event
is permitted.
12. City Code Section 1102, Subsection 1102.1403 is amended by inserting the following:
(13) Small Brewer, Brewer Taproom, Microdistillery, Cocktail Room. Conditions:
4
d. Access to the use shall be from a roadway identified in the Comprehensive Plan as
a collector street or located in a manner so that access can be provided without
generating significantly increased commercial traffic on local residential streets.
e. All customer entrances to the use shall be located a minimum of 100 feet from any
property line located in an “R” Use District. In the case of a multi-tenant building, the
entrance will be measured from the collective entrance. In the case of an entrance
with a vestibule, the most exterior customer entrance door will be the point of
measurement.
f. If the building housing the use is located less than 100 feet from any property line in
an R-1 Use District, the following additional conditions shall be met:
Liquor shall only be served from the hours of 8 am to 10 pm on Sunday
through Thursday and from 8 am to 11 pm on Friday, Saturday, and holidays.
All customer entrances to the use shall be through a vestibule area with an
inside and outside door.
A bufferyard Type E shall be installed and maintained along the property
adjacent to the R-1 Zoning District. If the R-1 and I-1 uses are separated by
a major collector or arterial roadway, the bufferyard Type E is not required.
Additional screening material (example: additional quantity and increased
size of coniferous trees), berming, and a solid fence or wall may be required
where additional screening is found necessary as part of the Conditional Use
Permit.
No outdoor amplified music, public address system, or outdoor special event
is permitted.
13. City Code Section 301, Liquor Control is hereby deleted in its entirety and replaced with the
following:
SECTION 301
LIQUOR CONTROL
SUBSECTIONS:
301.100: PROVISIONS OF STATE LAW ADOPTED
301.200: DEFINITIONS
301.300: LICENSE TYPES
301.400: LICENSE REQUIRED AND PROHIBITED SALES
301.500: APPLICATION FOR LICENSE
301.600: DENIALS
301.700: RENEWALS
301.800: TERM
301.900: TRANSFERS
301.1000: NON-EMPLOYEES ON PREMISES
301.1100: DISPLAY
301.1200: RIGHT OF INSPECTION
5
301.1300: MOVEABLE PLACE OF BUSINESS
301.1400: OUTDOOR AREAS IN ON-SALE ESTABLISHMENTS
301.1500: PROHIBITIONS
301.1600: OBSCENITY AND NUDITY
301.1700: CIVIL VIOLATIONS AND PENALTIES
301.1800: HEARING ON DENIAL OR VIOLATIONS
301.1900: CRIMINAL VIOLATIONS AND PENALTIES
301.2000: AFFIRMATIVE DEFENSE
301.2100: COMPLIANCE CHECKS
301.2200: SEVERABILITY
301.100: Provisions Of State Law Adopted: The provisions of Minnesota Statutes, Chapter 340A,
relating to alcohol are adopted and made a part of this Section as if fully set forth. Except to the extent
the provisions of this Section are more restrictive, the provisions of Minnesota Statutes, Chapter 340A,
as may be amended, regarding the terms, licensing, consumption, sales, hours of sale, and all other
matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent
malt liquor are adopted and made a part of this Section as if set out in full. (Amd. Ord 105-21 – pub
9/17/05)
301.200: Definitions: The following words and terms when used in this Section shall have the following
meanings unless the context clearly indicates otherwise:
Alcohol-related product: Any food or beverage containing more than one-half of one percent (0.5%)
alcohol by volume, including but not limited to intoxicating liquor, malt liquor, and wine.
Applicant: A person who completes or signs an application for a license to sell alcohol-related products
under this Section.
Bowling Center. An establishment where the primary business is bowling, other family recreational
activities and equipment sales including, but not limited to, bowling, arcade games, and billiards; and
where food, beverage, and vending sales are offered and served. A bowling center must have a
minimum of 12 lanes of bowling available and a minimum of 50% of the bowling center’s square footage
dedicated to bowling, which includes, but is not limited to, the bowling lanes, approach to the bowling
lanes, settee area, mechanical area for pin machines, locker area for bowling balls, counter space for
bowling business transactions, and the bowling pro shop.
Brew pub. A brewer who also holds one or more retail on-sale licenses and who manufactures fewer
than 3,500 barrels of malt liquor in a year at any one licensed premises, the entire production of which
is solely for consumption on tap on any licensed premises owned by the brewer as permitted by
Minnesota Statutes § 340A.24, subdivision 1, or for off-sale from those licensed premises as permitted
by Minnesota Statutes § 340A.24, subdivision 2.
Brewer. A person who manufacturers malt liquor for sale.
Brewer Taproom. An establishment located on the premises of or adjacent to one brewery location
owned by a brewer licensed under Minnesota Statutes § 340A.301, subdivision 6, clause (c), (i), or (j)
where the on-sale and consumption of malt liquor produced by the brewer is permitted pursuant to
Minnesota Statutes § 340A.26.
6
Club. An incorporated organization organized under the laws of the state for civic, fraternal, social, or
business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally
chartered veterans' organization, each of which: (1) has more than 30 members; (2) has owned or
rented a building or space in a building for more than one year that is suitable and adequate for the
accommodation of its members; and (3) is directed by a board of directors, executive committee, or
other similar body chosen by the members at a meeting held for that purpose. No member, officer,
agent, or employee shall receive any profit from the distribution or sale of beverages to the members of
the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the
governing body.
Cocktail Room. An establishment on the premises of or adjacent to one distillery location owned by a
distiller, where the on-sale of distilled spirits produced by the distiller is permitted pursuant to Minnesota
Statutes § 340A.22.
Distilled Spirits. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and
other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use.
Distiller. A person who manufacturers distilled spirits for sale.
Exclusive Liquor Store: An establishment used exclusively for the sale of those items authorized in
Minnesota Statutes § 340A.412, Subd. 14.
On-Site Food Service: Regular service of meals prepared on the premises and served on-site at tables
to the general public. Prepackaged snack foods do not qualify as on-site food service.
Growler. Malt liquor sold off-sale by a small brewer or brew pub, which has been produced and
packaged by the brewer in 64-ounce containers commonly known as growlers or in 750 milliliter bottles.
Hotel. Any establishment having a resident proprietor or manager where: (i) in consideration of payment
food and lodging are regularly furnished; (ii) which maintains for the use of its guests not less than 25
guest rooms with bedding and other usual, suitable and necessary furnishings in each room; (iii)_which
has a main entrance with a suitable lobby, desk and office for the registration of its guests on the ground
floor; (iv) which employs an adequate staff to provide suitable and usual service; and (v) which maintains
under the same management and control as the rest of the establishment and has, as an integral part
thereof, a dining room with appropriate facilities for seating not less than 30 guests at one time, where
the general public is, in consideration of payment served meals at tables.
Intoxicating Liquor: Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages
containing more than three and two-tenths percent (3.2%) of alcohol by weight.
Licensed Premises: The premises described in the approved license application under this Section.
In the case of on-sale licenses located on a golf course, licensed premises means the entire golf course
except for areas where motor vehicles are regularly parked or operated.
License Holder: An applicant who, pursuant to an approved application, holds a valid, current,
unexpired license to sell alcohol-related products under this Section, which has neither been revoked
nor suspended. For the purposes of this Section, license holder also includes owners, agents and
employees of the license holder.
7
Manufacturer. Any person who, by any process of manufacturing, fermenting, brewing, distilling,
refining, rectifying, blending, or by the combination of different materials, prepares or produces alcohol-
related products for sale.
Malt Liquor. Any beer, ale, or other beverage made from malt by fermentation and containing not less
than one half of one percent alcohol by volume.
3.2% Malt Liquor. Malt liquor containing not less than one half of one percent alcohol by volume nor
more than 3.2% alcohol by weight.
Microdistillery. A distillery operated within the state producing premium, distilled spirits in total quantity
not to exceed 40,000 proof gallons in a calendar year, which distillery is licensed under Minnesota
Statutes Chapter 340A.
Off-Sale: The sale of alcohol-related products in original packages for consumption off the licensed
premises only.
On-Sale: The sale of alcohol-related products for consumption on the licensed premises only.
Original Package. The bottle or sealed container in which the alcohol-related product is placed by the
manufacturer.
Person: One (1) or more natural persons; a partnership, including a limited partnership; a corporation,
including a foreign, domestic, or nonprofit corporation; a limited liability company; a trust; a political
subdivision of the State; or any other entity.
Restaurant. An establishment, other than a hotel, under the control of a single proprietor or manager,
where on-site food service is provided to the general public, and having a minimum seating capacity of
20 guests
Small Brewer. A brewer licensed under Minnesota Statutes § 340A.301, subdivision 6, clause (c), (i),
or (j) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been
produced and packaged by the brewer where the off-sale of malt liquor produced by the brewer is
permitted pursuant to Minnesota Statutes § 340A.28.
Wholesaler. Any person who is engaged in the business of selling alcohol-related products to retail
dealers.
Wine. The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling
and carbonated wine, wine made from condensed grape must, wine made from other agricultural
products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and
sake, in each instance containing not less than one half of one percent nor more than 24% alcohol by
volume for nonindustrial use.
301.300: License Types: The following types of licenses may be available from the City for the sale of
alcohol-related products:
301.301 On-Sale Intoxicating Liquor License: A license for on-sale of intoxicating liquor may be
issued only to hotels, restaurants, bowling centers, clubs or congressionally chartered veterans
organizations. A license may be issued to a congressionally chartered veterans’ organization only if it
8
has been in existence for at least three (3) years and intoxicating liquor sales will only be to members
and bona fide guests. On-sale intoxicating liquor licenses are subject to the following conditions:
(1) Where the licensed premises is a free standing building, the building (exclusive of land)
shall have a minimum valuation of $100,000 as established by the Scott County
Assessors determination of fair market value;
(2) No on-sale of intoxicating liquor may be made after 2 a.m. or before 8 a.m. Monday
through Saturday. No on-sale of intoxicating liquor may be made after 2 a.m. on Sunday
without an on-sale Sunday liquor license.
301.302 Off-Sale Intoxicating Liquor License: A license for off-sale of intoxicating liquor may be
issued only to exclusive liquor stores. No off-sale of intoxicating liquor may be made before 8 a.m. or
after 10 p.m. Monday through Saturday, on Thanksgiving Day, on Christmas Day, or after 8 p.m. on
Christmas Eve. No off-sale of intoxicating liquor may be made on Sundays.
301.303 On-Sale 3.2 Percent Malt Liquor. A license for on-sale of 3.2 percent malt liquor may be
issued. No sale of 3.2 percent malt liquor may be made after 2 a.m. or before 8 a.m. Monday through
Saturday, nor between 2 a.m. and 10 a.m. on Sunday.
301.304 Off-Sale 3.2 Percent Malt Liquor License. A license for off-sale of 3.2 percent malt liquor
may be issued. No sale of 3.2 percent malt liquor may be made after 2 a.m. or before 8 a.m. Monday
through Saturday, nor between 2 a.m. and 10 a.m. on Sunday.
301.305 On-Sale Malt Liquor Brewer Taproom License. A license for on-sale of malt liquor may
be issued to brewer taprooms. On-sale malt liquor brewer taproom licenses are subject to all conditions
and restrictions contained in Minnesota Statutes § 340A.26. No on-sale of malt liquor may be made
after 2 a.m. or before 8 a.m. Monday through Saturday. No on-sale of malt liquor may be made after 2
a.m. on Sunday without an on-sale Sunday liquor license.
301.306 Off-Sale Malt Liquor Small Brewer (Growler) License. A license for off-sale of malt liquor
may be issued to small brewers. Off-sale malt liquor small brewer licenses are subject to all conditions
and restrictions contained in Minnesota Statutes §§ 340A.28 and 340A.285. No off-sale of malt liquor
may be made before 8 a.m. or after 10 p.m. Monday through Saturday, on Thanksgiving Day, on
Christmas Day, or after 8 p.m. on Christmas Eve. No off-sale of malt liquor may be made on Sundays,
except that malt liquor in growlers only may be sold off-sale on Sundays between the hours of 8 a.m.
and 10 p.m.
301.307 On-Sale Brew Pub License. A license for on-sale of intoxicating liquor or 3.2 malt liquor
may be issued to brew pubs for a restaurant operated in the place of manufacture. On-sale brew pub
licenses are subject to all conditions and restrictions contained in Minnesota Statutes § 340A.24. No
on-sale of intoxicating liquor may be made after 2 a.m. or before 8 a.m. Monday through Saturday. No
on-sale of intoxicating liquor may be made after 2 a.m. on Sunday without an on-sale Sunday liquor
license. No sale of 3.2 percent malt liquor may be made after 2 a.m. or before 8 a.m. Monday through
Saturday, nor between 2 a.m. and 10 a.m. on Sunday.
301.308 Off-Sale Malt Liquor Brew Pub (Growler) License. A license for off-sale of malt liquor
may be issued to brew pubs for a restaurant operated in the place of manufacture. Off-sale malt liquor
brew pub licenses are subject to all conditions and restrictions contained in Minnesota Statutes §§
340A.24 and 340A.285. No off-sale of malt liquor may be made before 8 a.m. or after 10 p.m. Monday
9
through Saturday, on Thanksgiving Day, on Christmas Day, or after 8 p.m. on Christmas Eve. No off-
sale of malt liquor may be made or at any time on Sundays, except that malt liquor in growlers only may
be sold off-sale on Sundays between the hours of 8 a.m. and 10 p.m.
301.309 On-Sale Wine License. A license for on-sale of wine may be issued to restaurants
having facilities for seating and providing on-site food service for at least twenty-five (25) guests at one
time. Notwithstanding the prohibition contained in subsection 301.400, the holder of an on-sale wine
license who also holds an on-sale 3.2 percent malt liquor license may sell malt liquor containing in
excess of 3.2% of alcohol by weight at on-sale without an additional license. No on-sale of wine may
be made after 2 a.m. or before 8 a.m. Monday through Sunday.
301.310 On-Sale Cocktail Room License. A license for on-sale of distilled spirits may be issued
to a cocktail room. Cocktail room licenses are subject to all conditions and restrictions contained in
Minnesota Statutes § 340A.22. No on-sale of intoxicating liquor may be made after 2 a.m. or before 8
a.m. Monday through Saturday. No on-sale of intoxicating liquor may be made after 2 a.m. on Sunday.
301.311 Off-Sale Microdistillery License. A license for off-sale of distilled spirits may be issued to
a microdistillery. Microdistillery off-sale licenses are subject to all conditions and restrictions contained
in Minnesota Statutes § 340A.22. No off-sale of intoxicating liquor may be made before 8 a.m. or after
10 p.m. Monday through Saturday, on Thanksgiving Day, on Christmas Day, or after 8 p.m. on
Christmas Eve. No off-sale of intoxicating liquor may be made on Sundays.
301.312 On-Sale Sunday License. A license for on-sale of intoxicating liquor on Sunday may be
issued to a hotel, bowling center, club, or restaurant, to which an on-sale intoxicating liquor license has
been issued. Such licenses may permit the sale of alcohol-related products to be consumed on the
premises between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on Monday in conjunction with on-
site food service provided that the license holder is in conformance with the Minnesota Clean Air Act
and provided a public hearing is held prior to the issuance of the license. No Sunday license is needed
for on-sale of 3.2 percent malt liquor or on-sale of wine. (Amd. Ord. 04-29, pub. 10/23/05)
301.313 Temporary On-Sale Intoxicating Liquor License. A license for temporary on-sale of
intoxicating liquor in connection with a social event within the City sponsored by the license holder may
be issued to: (1) a club or charitable, religious or nonprofit organization, comprised of at least 35
members, in existence for at least three (3) years, or (2) a political committee registered under Minn.
Stat. §10A.14.
(1) The license may authorize the sale of alcohol-related products for not more than four (4)
consecutive days, and may authorize sales on premises other than premises the license
holder owns or permanently occupies. The license may provide that the license holder
may contract for catering services with the holder of a full-year on-sale license issued by
the City. The licenses are subject to the terms, including license fee, imposed by the
City. In addition to any terms and conditions that the City Council may impose as a
condition of approval for a temporary on-sale license, the licenses issued under this
subsection are subject to all laws and ordinances governing the sale of alcohol-related
products except Minnesota Statute § 340A.409 and §340A.504, subd. 3, paragraph (d).
Temporary licenses must be approved by the Minnesota Commissioner of Public Safety
before they become valid.
(2) The City may not issue more than three (3) four-day temporary licenses, four (4) three-
day licenses, six (6) two-day licenses, or twelve (12) one-day licenses, in any
combination not to exceed 12 days per year to any one organization or for any one
10
location. No more than one temporary license may be issued to any one organization or
for any one location within any 30-day period, unless the licenses are issued in
connection with an official community festival, designated as such by the City.
301.314 Temporary On-Sale Malt Liquor Licenses. A license for temporary on-sale of 3.2 percent
malt liquor may be issued to a club or charitable, religious, or nonprofit organization. (Amd. Ord. 105-
21 – pub 9/17/05)
301.400: License Required and Prohibited Sales:
301.401 License. No person shall directly or indirectly, on any pretense or by any device, sell,
barter, keep for sale, charge for possession or otherwise dispose of any alcohol-related products at any
place in the City without first obtaining a license as provided by this Section and paying the
accompanying license fee. This subsection does not apply to (1) to possession or handling for sale or
otherwise of sacramental wine or to any representative of any religious order or for use in connection
with a legitimate religious ceremony; (2) to such potable liquors as are prescribed by licensed physicians
and dentists for therapeutic purposes; (3) to industrial alcohol and its compounds not prepared or used
for beverage purposes; or (4) to sales by manufacturers to wholesalers duly licensed as such by the
State of Minnesota and to sales by wholesalers to persons holding on-sale or off-sale licenses from the
City.
301.402 Prohibited Sales. No person shall sell, offer for sale, give away, furnish, or otherwise
deliver any alcohol-related product:
(1) To any person under the age of twenty-one (21) years.
(2) By any means, or to any other person, prohibited by Federal, State, or local law,
ordinance provision, or other regulation.
301.403 Instructional Program. Other than temporary licenses issued under subsections 301.313
and 301.314, no person shall be issued a license or renewal license to sell alcohol-related products
unless the applicant has a program for instructing all employees in the legal requirements pertaining to
the sale of alcohol-related products, including, but not limited to, reviewing the law on the sale of alcohol-
related products, providing information on the health risks of using alcohol-related products, and
requiring employees to request identification where age may be in doubt. The training shall include
information that the sale of alcohol-related products to minors is illegal, what proof of age is legally
acceptable, and that a sale to a minor can subject the applicant or license holder and their employees
to criminal and/or civil liability. At the request of the City, a license holder or applicant shall provide
copies of written and other materials used in connection with the program. No license shall be issued
unless the applicant or license holder signs a City form attesting that each employee of the applicant or
license holder has received training and instruction on the sale of alcohol-related products and the date
such training occurred. Any new employee of the license holder who begins employment during the
license period shall participate in the training prior to serving or selling any alcohol-related product.
11
301.500: Application for and issuance of License:
301.501 Application: An application for a license to sell alcohol-related products shall be made
on a form prescribed by the proper Department of the State of Minnesota, together with such additional
information as the City may desire. If State forms are not prescribed, then applications shall be made
on forms provided by the City. Information required may vary with the type of entity making application.
All questions asked or information required by the application forms shall be answered fully and
completely by the applicant. No person shall make a false statement in an application. The completed
application along with the documents described herein, shall be submitted to the City Manager or
designee for approval by the City Council.
301.502 Documents to Accompany Application. At the time of application, the following shall be
provided by the applicant:
(1) License Fee. Each application for a license shall include proof of payment of the license
fee. The license fee shall be determined by the City Council and set forth in the City Fee
Schedule. License fees which are in excess of $500.00 and are issued for less than a
full year may be prorated on a monthly basis based on the date of issuance of the
license. The license fee is non-refundable except as provided in Minnesota Statute §
340A.408, Subd. 5.
(2) Investigation Fee. Applications for an initial license or transfer of an existing license shall
also include payment of an investigation fee of Five Hundred ($500.00) dollars. If an
investigation outside of the State of Minnesota is required, the applicant shall pay the
$500 fee plus all actual costs of the out of State investigation, prior to consideration of the
license application by the City Council. The investigation fee is non-refundable.
Applications for the following licenses do not require an investigation fee:
(i) temporary licenses issued under subsections 301.313 and 301.314;
(ii) off-sale malt liquor small brewer license issued under subsection 301.306 provided
that concurrent with the application, applicant pays an investigation fee for an on-sale
malt liquor brewer taproom license under subsection 301.305;
(iii) off-sale malt liquor brew pub license issued under subsection 301.308 provided that
concurrent with the application, applicant pays an investigation fee for an on-sale brew
pub license under subsection 301.307;
(iv) off-sale microdistillery license issued under subsection 301.311 provided that
concurrent with the application, applicant pays an investigation fee for an on-sale
cocktail room license subsection 301.310;
(v) on-sale Sunday license issued under subsection 301.312.
(3) Legal Documents. All applications shall be accompanied by copies of each summons
received by the applicant under Minnesota Statute § 340A.802 during the preceding
year.
(4) General Liability Insurance. Licenses shall be issued, maintained, or renewed only if
the applicant or license holder demonstrates financial responsibility as defined in
Minnesota Statute § 340A.409 for the applicant’s liability under Minnesota Statute §
340A.801 (“Dram shop liability”). Such proof of financial responsibility shall be filed with
the Minnesota Commissioner of Public Safety and a copy filed with the City with the
application for a license. The sale of alcohol-related products without having on file with
the City effective proof of financial responsibility is subject to the provisions of subsection
12
301.1704. Proof of financial responsibility shall be given by: (i) a certificate that there is
in effect for the license period an insurance policy or pool providing at least $500,000 of
coverage because of bodily injury to any one person in any one occurrence, $1,000,000
because of bodily injury to two or more persons in any one occurrence, $500,000
because of injury to or destruction of property of others in any one occurrence, $500,000
for loss of means of support of any one person in any one occurrence, and
$1,000,000.00 for loss of means of support of two or more persons in any one
occurrence; (ii) a bond of a surety company with minimum coverage as provided in (i);
or (iii) a certificate of the State Treasurer that the license holder has deposited with him
$100,000.00 in cash or securities which may legally be purchased by savings bank or
trust funds having a market value of $100,000.00. The proof of financial responsibility
shall provide that the insurer or holder will provide the City with thirty (30) days’ notice
prior to the termination or any change in coverage. Proof of financial responsibility is not
required for licensees identified by Minnesota Statute § 340A.409, Subd. 4; provided
that the required affidavit is provided by the applicant prior to issuance of the license.
(5) Workers’ Compensation Insurance. The policy limits for workers’ compensation
insurance shall be as provided for by state law.
(6) Partial Refund. In circumstances where an existing license holder discontinues its
license before the expiration date and a new license is issued for the same location for
the remainder of the license period, a pro rata refund of the discontinued license for the
remainder of the license term may be granted at the discretion of the City Council subject
to the following:
a. The request for refund shall be made during the term for which the discontinued
license was issued.
b. A refund will be considered only for license fees not for investigation fees.
c. If the pro rata refund is less than $1,000 no refund shall be issued.
d. An administrative fee of $400 shall be charged for every refund.
e. The reason the license was discontinued is a result of the issuance of a new license
at the same location.
f. License discontinuation is not the result of a violation of this Section.
(Ord 107-04 – adopted 1/27/07)
(7) Corporate Applicants and License Holders. A corporate applicant, at the time of
application, shall furnish the City with a list of all persons that have an interest in such corporation and
the extent of such interest. The list shall name all shareholders holding more than five percent (5%) of
all issued and outstanding stock of the corporation and show the number of shares held by each, either
individually or beneficially for others. It is the duty of each corporate license holder to notify the City in
writing of any change in legal ownership or beneficial interest in such corporation or in such shares. The
notice of such change must be given within ten (10) days of its occurrence. Any change in the ownership
or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate
license holder, which results in the change of voting control of the corporation by the persons owning
the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation.
The Council or any officer of the City designated by it may at any reasonable time examine the stock
transfer records and minute books of any corporate license holder in order to verify and identify the
shareholders, and the Council or its designated officer may examine the business records of any other
license holder to the extent necessary to disclose the interest which persons other than the license
holder have in the licensed business.
13
301.503 Review. If the City Manager determines that an application is incomplete or without
supporting documentation, he or she shall return the application to the applicant with notice of the
deficiencies.
If the City Manager determines the application is complete, he or she shall refer the
application to the Chief of Police who shall institute such investigation of the applicant and the contents
of the application as is deemed necessary including, but not limited to, a criminal history check with the
Bureau of Criminal Apprehension. The Chief of Police shall provide a report of the investigation to the
City Manager.
The City Manager shall review the application, supporting documents, and the result of
a background investigation, and prepare a report to the City Council, recommending: (i) approval; (ii)
approval with conditions; (iii) denial; or (iv) delay of any action for such reasonable period of time to
permit the City to complete any additional investigation of the application or the applicant deemed
necessary. The report shall include the basis for the recommendation and shall indicate whether the
licensed premises will be subject to a Conditional Use Permit.
301.504 Manager or Agent. Before a license is issued under this Section to an individual who is
a non-resident of the City, to more than one individual whether or not they are residents of the City, or
to a corporation, partnership, company or association, the applicant or applicants shall appoint in writing
a natural person who is its manager or agent. Such manager or agent shall, by the terms of a written
consent, (1) take full responsibility for the conduct of the licensed premises and (2) serve as agent for
service of notices and other process relating to the license. Such manager or agent must be a person
who, by reason of age, character, reputation, and other attributes, could qualify individually as a license
holder. If such manager or agent ceases to act in such capacity for the license holder without
appointment of a successor, the license issued pursuant to such appointment shall be subject to
revocation or suspension.
301.505 Action. After the investigation and review, the Council shall grant or deny the issuance
of the license. No license shall become effective until approved by the Commissioner of Public Safety if
required by Minnesota Statute Chapter 340A. The City Council may impose reasonable conditions on
the issuance of any license. If the licensed premises is subject to a Conditional Use Permit, the
conditions applicable to the Conditional Use Permit are automatically incorporated in and apply to the
license. If the City Council, and the Commissioner of Public Safety if required, approve issuance of the
license, a license shall be issued to the applicant. If the City Council denies issuance of the license, a
written notice of denial along with the reasons for the denial shall be sent to the applicant at the address
provided on the application. If a license is mistakenly issued, it shall be revoked by the City Manager
upon the discovery of the mistake.
(Ord. Amd. 111-05, publ. 06/11/11)
301.506 Duplicate licenses. Duplicates of all original licenses under this Section may be issued
by the City Clerk without action by the Council
301.600: Denials: The following shall be grounds for denying the issuance, transfer, or renewal of a
license under this Section. The following list is not exhaustive or exclusive:
(1) The applicant is under the age of twenty-one (21) years.
(2) The applicant has within the past five (5) years violated any provision of this Section,
City Code, or a Federal, State, or local law, ordinance provision, or other regulation
relating to alcohol-related products.
14
(3) The applicant or license holder, including any person who holds an interest of more than
five percent (5%) of an applicant or license holder, has had a license to sell alcohol-
related products revoked within the preceding five (5) years of the date of application.
(4) The applicant fails to provide any information required on the application, or provides
false or misleading information.
(5) The applicant or license holder has outstanding fines, penalties or property taxes owed
to the City, County or State.
(6) The applicant is directly or indirectly the owner of any current license issued under this
Section.
(7) The proposed licensed premises is ineligible for a license under state law or the City
Code.
(8) Taxes, assessments, fines or other financial claims of the City, County or State are
delinquent and unpaid as to the premises to be licensed. Notwithstanding the foregoing,
if the delinquent taxes, assessments, fines or financial claims are against a landowner,
and the applicant is a tenant of landowner and has no financial interest in landowner,
then the City Council may, in its discretion, but shall not be required to, grant a license
to an applicant so long as the applicant is not delinquent on any taxes, assessments,
fines or financial claims as set forth herein.
(9) The premises to be licensed is located within 300 feet of any church or school; except
that in the City Council’s discretion and with the written consent of the church and/or
school, temporary on-sale malt liquor licenses and temporary on-sale intoxicating liquor
licenses may be issued for: church property, property within 300 feet of any church, or
property within 300 feet of any school. No license shall be issued for school property.
(10) It is impractical to conduct a background or financial investigation due to the
unavailability of information or the results of the background or financial investigation
show that issuance would not be in the public interest.
(11) The applicant is not of good moral character and repute.
(12) The applicant or license holder has a direct or indirect interest in a manufacturer,
brewer or wholesaler, except where the application is for a cocktail room, microdistillery,
brew pub, brewer taproom, or small brewer, as defined in this Section.
301.700: RENEWALS: The renewal of a license under this Section shall be handled in the same manner
as the original application and issuance. Any person intending to apply to renew a license shall submit
a renewal application, on a form provided by the City, and pay the investigation and license fee. A
license renewal application shall be submitted to the City no later than forty-five (45) days prior to the
expiration of the license. The issuance of a license under this Section is a privilege and not an absolute
right and shall not entitle the holder to an automatic renewal of the license.
A late fee of Fifty dollars ($50.00) shall be imposed on any license holder who fails to submit a timely
renewal application.
15
301.800: Term: All licenses shall expire annually on June 30.
301.900: Transfers: All licenses issued under this Section shall be valid only on the licensed premises
and only for the person to whom the license was issued. No transfer of any license to another location
or person shall be valid without the prior approval of the City Council. Any sale or transfer of stock of a
corporate license holder is deemed a transfer of the license, which, without Council approval, is grounds
for revocation of the license.
301.1000: Non-Employees on Premises: A license holder shall not allow non-employees on the
licensed premises from twenty (20) minutes after the sale of alcohol-related products is prohibited until
the sale is again permitted except as hereinafter provided. Non-employees are allowed on the on-sale
premises of a hotel, restaurant, club, or bowling center during normal hours of operation. During the
hours that the sale of alcohol-related products is prohibited, there may be no sale, consumption, or
display of alcohol-related products. The license holder shall close off all access to alcohol-related
products or any bar area in a manner approved by the City.
301.1100: Display: Every license shall be conspicuously posted at the licensed premises and shall
be exhibited to any person upon request.
301.1200: Right of Inspection: Any Prior Lake police officer, City employee, or other appropriate
officer shall have the unqualified right to enter, inspect, and search the licensed premises of any license
holder hereunder without a warrant, during business hours or when owners, managers, or other
employees are located on the licensed premises.
The business records of the license holder, including Federal and State tax returns, shall be available
for inspection by the City at all reasonable times upon written request.
301.1300: Moveable Place of Business: No license of any type shall be issued for any business
whose physical location is not permanent or is capable of being moved or changed, including but not
limited to kiosks or trailers. Moveable place of business does not include golf carts when used on golf
course property or any moveable structure when specifically permitted by the City Council under
subsection 301.1400.
301.1400: Outdoor Areas in On-Sale Establishments: All outdoor areas in on-sale licensed
establishments are subject to the following limitations:
(1) Every outdoor area must be approved as part of the original licensed premises or by the
granting of an application for expansion of the license premises. No sales may be made
nor may alcohol-related products be consumed in parking lots or any portion of any
property without a permanent or temporary license from the City.
(2) Regardless of the type of license issued to an outdoor area, the City Council may
regulate and restrict the hours, days, nature, volume, and other aspects of alcohol-
related product sales and entertainment in any outdoor area to protect the safety and
welfare of residents, businesses and other uses near the licensed premises.
(3) The City Council may authorize temporary entertainment not otherwise allowed under
the license in an outdoor area by permit for special events pursuant to City Code Section
307.
(4) Customers shall not be allowed to occupy the outdoor area in numbers greater than the
16
seating capacity permits.
(5) No bar shall be located in an outdoor area except a service bar for the exclusive use of
employees of the license holder.
(6) The license holder shall provide on-site food service to the outdoor area during all hours
of operation of the outdoor area,
(7) Access to and from the outdoor area shall be through the licensed premises or through
property controlled by the license holder.
(8) No sales of alcohol-related products may be made on any public or private property
open to the public for passageway purposes except as specifically authorized by the
City Council. The City Council may regulate and restrict the hours, days, nature, volume
and other aspects of sales in these areas, and may require the license holder to procure
insurance naming the City as an additional insured to protect the safety and welfare of
residents, businesses and other uses near the licensed premises.
301.1500: Obscenity and Nudity: No license holder shall:
(1) Employ or use any person in the sale or service of alcohol-related products or as
employees while such person is unclothed or in such attire, costume or clothing as to
expose to view any portion of the pubic hair, anus, cleft of the buttocks, male or female
genitals, or the female breast below the top of the areola;
(2) Employ or use the services of any wait person while such person is unclothed or in such
attire, costume or clothing as described in paragraph (1) above.
(3) Encourage or permit any person on the licensed premises to touch, caress or fondle the
breast, buttocks, anus or genitals of any other person;
(4) Permit any employee or person to wear or use any device or covering exposed to view,
which simulates the breast, genitals, anus, pubic hair or any portion thereof.
301.1600: Prohibitions: No license holder, or its owners, agents, and/or employees shall:
(1) Knowingly permit the licensed premises or any room in those premises or any adjoining
building directly under the license holder’s control to be used by prostitutes.
(2) Knowingly permit the sale, possession or consumption of controlled substances on the
licensed premises in violation of federal, state or local law nor shall any license holder
permit consumption of alcohol-related products on the licensed premises more than
twenty (20) minutes after the hour when a sale thereof can be legally made.
(3) Except for charitable gambling as defined and permitted under state law, gambling and
gambling devices are not permitted on licensed premises. State lottery tickets may be
purchased and sold within licensed premises as authorized by the director of the state
lottery.
(4) Employ or use any person in the sale or service of alcohol-related products or as
employees for the purpose of staging any nature of “lingerie show” in or upon the
17
licensed premises while such person is unclothed or in such attire, costume or clothing
as to expose to view any portion of the female breast below the top of the areola or of
any portion of the pubic hair, anus, cleft of the buttocks, or genitals.
(5) Fail to comply with the conditions of a Conditional Use Permit whether the conditions
are set out in City Code or were imposed by the Planning Commission or City Council
upon approval of the Conditional Use Permit.
(6) Violate any portion of this Section.
(7) Violate any applicable Federal, State or local, civil or criminal statute, ordinance, or
regulation pertaining to alcohol-related products.
(8) Violate a condition under which the license was granted, including, but not limited to, the
timely payment of real estate taxes or other charges.
(9) Violate a Federal, State or local law regulating the sale of alcohol-related products or
controlled substances.
(10) Create a public nuisances, as described in the City Code, on the premises or in the
surrounding area.
(11) Suffer or permit illegal acts upon the licensed premises or on property owned, controlled
by, or adjacent to the licensed premises, whether related or unrelated to the sale of
alcohol-related products.
(12) Have knowledge of illegal acts upon or attributable to the licensed premises, but fail to
report the same to the police.
(13) Fail to comply with a condition of the license imposed by the City Council or fail to meet
a deadline for any such condition.
(14) Commit any act which would allow for denial of a license under this Section.
301.1700: Civil Penalties; revocation and suspension:
301.1701 Violations. Any violation of this Section shall be considered an act of the license holder
for purposes of imposing a civil penalty, license suspension, or revocation. Each violation, and every
day in which a violation occurs or continues, shall constitute a separate offense. The license holder shall
be responsible for the conduct of its agents and employees on the licensed premises. A civil penalty,
revocation, and/or suspension may be pursued and imposed regardless of any criminal adjudication.
301.1702 Notice of Violation. The Police Department shall inform the City Manager of the
suspected violation. The City Manager shall send to the license holder a written notice of the suspected
violation. The notice shall advise the license holder of the penalty and the license holder’s right to
request a hearing regarding the violation pursuant to subsection 301.1800.
301.1703 Civil Penalties. Each license issued hereunder shall be subject to suspension or
revocation and/or imposition of a civil fine of up to Two Thousand Dollars ($2,000.00) for violation of
any provisions of this Section or the laws of the State of Minnesota as follows:
18
(1) Presumptive Civil Penalties; Purpose. The purpose of this subsection is to establish
a standard by which the City Council determines the length of license suspension, the
propriety of revocations, and the amount of fines, and shall apply to all premises licensed
under this Section. These penalties are presumed to be appropriate for every case;
however, the Council may deviate in an individual case where the Council finds that
there exist substantial reasons making it appropriate to deviate, such as, but not limited
to, a license holder’s efforts in combination with the State or City to prevent the sale of
alcohol-related products to minors. When suspending or revoking a license or imposing
a fine for a violation of this Section, the Council will provide written findings that support
the penalty selected. Further, when deviating from the standard set forth herein, the
Council shall set forth in writing the rationale for the deviation.
(2) Presumptive Penalties for Violations. The minimum penalties for civil violations as
determined by the City Council shall be presumed as follows (unless specified, number
indicate consecutive days’ suspension):
Appearance
Type of Violation 1st 2n
d
3rd 4th
Commission of a felony related to
the licensed activity.
Revocation NA NA NA
Sale of alcohol-related products
while license is under suspension
Revocation NA NA NA
Sale of alcohol-related products
to underage person
1 and
$1,000 (1
day
suspension
and $500
suspended
for 1 year
and
dismissed
if no same
or similar
violations
in that
year)
6 18 Revocati
on
Sale of alcohol-related products
to obviously intoxicated person
3 6 18 Revocati
on
After hours sale of alcohol-
related products
3 6 18 Revocati
on
After hours display or
consumption of alcohol-related
products
3 6 18 Revocati
on
Refusal to allow City Inspectors
or Police admission to inspect
premises
5 15 Revocati
on
NA
Illegal gambling on premises 3 6 18 Revocati
on
19
Failure to take reasonable steps
to stop person from leaving
premises with alcohol-related
products
3 6 18 Revocati
on
Sale of intoxicating liquor where
only license is for 3.2 percent
malt liquor
Revocation NA NA NA
(Ord. Amend. 114-09, publ. 04 26 14)
301.1704 Automatic Suspension. Any license issued under this Section shall be immediately
suspended, without further action by the City Council, upon notice from the City Manager to the applicant
or license holder for lapse of required insurance, including but not limited to dram shop insurance, lapse
of financial responsibility, or failure to notify City within a reasonable time of any modifications to
insurance or financial responsibility.
301.1705 Automatic Revocation. Any license issued under this Section shall be immediately
revoked, without further action by the City Council, upon written notice from the City Manager to the
applicant or license holder of the mistaken issuance or renewal of a license.
301.1706 Multiple Violations. At a license holder’s first appearance before the Council, the
Council may act upon all of the violations that have been alleged in the notice sent to the license holder.
The Council in that case shall consider the presumptive penalty for each violation under the first
appearance column in subsection 301.1703. The occurrence of multiple violations is grounds for
deviation from the presumed penalties in the Council’s discretion.
301.1707 Subsequent Violations. Violations occurring after the notice of hearing has been
mailed, but prior to the hearing, shall be treated as a separate violation and dealt with as a second
appearance before the Council, unless the City Manager and license holder agree in writing to add the
violation to the first appearance. The same procedure applies to a second, third, or fourth appearance
before the Council.
301.1708 Computation of Appearances. After the first appearance, a subsequent appearance
by the same license holder will be determined as follows:
(1) If the first appearance was within three (3) years of the current violation, the current
violation will be treated as second appearance.
(2) If a license holder has appeared before the Council on two (2) previous occasions, and
the current violation occurred within five (5) years of the first appearance, the current
violation will be treated as a third appearance.
(3) If a license holder has appeared before the Council on three (3) previous occasions, and
the current violation occurred within seven (7) years of the first appearance, the current
violation will be treated as a fourth appearance.
(4) Any appearance not covered by paragraphs (1), (2) or (3) above will be treated as a first
appearance.
301.1709 Other Penalties. Nothing in this Section shall restrict or limit the authority of the Council
to suspend the license up to sixty (60) days, revoke the license, impose a civil fine not to exceed two
20
thousand dollars ($2,000.00), to impose conditions, or take any other action; provided, that the license
holder has been afforded an opportunity for a hearing in the manner provided in subsection 301.1800.
Penalties imposed under this Section do not require a prior criminal adjudication.
301.1710 Reinstatement. A license shall be reinstated following expiration of the suspension
period and upon payment of all fines by the license holder. No license shall be reinstated, and no sales
of alcohol-related products may be made until all fines have been paid. The sales of any alcohol-related
products while a license is under suspension shall constitute a violation of subsection 301.1705 and
result in the automatic revocation of the license.
301.1711 Other Enforcement of Action. A civil penalty, suspension or revocation or combination
thereof under this Section does not preclude any private civil action or any criminal prosecution under
this Section or any other federal, state or local law, statute, ordinance or regulation.
301.1800: Hearing on Denial or Violation: Following receipt of a notice of denial issued under
subsection 301.505 or a notice of a violation and penalty issued under subsection 301.1700, an
applicant or license holder may request a hearing before the City Council. The City Council may appoint
a hearing examiner who shall be a member of the City Council, or may conduct a hearing itself. A
request for a hearing shall be made by the applicant or license holder in writing and filed with the City
Manager within ten (10) days of the mailing of the notice of denial or notice of violation. If a hearing
examiner conducts the hearing, the hearing examiner shall report its findings and make a
recommendation to the full Council.
If, after the hearing, the applicant or license holder is found ineligible for a license, or in violation of this
Section, the Council may affirm the denial, impose a fine, issue a suspension or revocation, or impose
any combination thereof. The City Manager shall mail notice of the denial, fine, suspension or
revocation and the reason therefor to the applicant or license holder.
If the applicant or license holder has been provided written notice of the denial or violation and if no
request for a hearing is filed within the ten (10) day period, then the denial, penalty, suspension or
revocation imposed shall take immediate effect without any further notice. The City Police Department
shall investigate compliance with the suspension or revocation.
301.1900: Criminal Violations and Penalties:
301.1901 Criminal Violations: License Holder and Employees. As set forth in Minnesota
Statutes §§ 340A.503 and 340A.705, it shall be a gross misdemeanor for anyone to sell, furnish, or
provide alcohol-related products to a person under the age of twenty-one (21) years. It shall be a gross
misdemeanor for anyone under the age of twenty-one (21) years to sell, furnish, or give away any
alcohol-related products. This subsection shall not apply to an employee of the license holder under the
age of twenty-one (21) years but over the age of eighteen (18) years while serving alcohol-related
products.
301.1902 Criminal Violations.
(1) No person under the age of twenty-one (21) years shall enter a licensed premises for
the purpose of purchasing or consuming any alcohol-related product. It is not unlawful
for any person who has attained the age of 18 years to enter licensed premises for the
purposes of (a) performing work at the licensed premises, including the serving of
alcohol-related products, unless otherwise prohibited by statute, (b) consuming meals,
21
or (c) attending social functions that are held in a portion of the licensed premises where
alcohol-related products are not sold.
(2) It shall be a misdemeanor for anyone under the age of twenty-one (21) years to use,
purchase, attempt to purchase, or possess alcohol-related products. This subsection
shall not apply to a person under the age of twenty-one (21) but over the age of eighteen
(18) years who purchases or attempts to purchase alcohol-related products while under
the direct supervision of a responsible adult for training, education, research or
enforcement purposes.
(3) No person under the age of twenty-one (21) years shall misrepresent the person’s age
for the purpose of obtaining alcohol-related products, nor shall the person enter any
licensed premises for the purposes of purchasing or having served or delivered any
alcohol-related product. Nor shall any such person purchase, attempt to purchase,
consume, or have another person purchase for the underage person any alcohol-related
products.
(4) Any person shall, upon demand of the license holder, its employee, or agent, produce
and permit to be examined one of the forms of identification provided under Minnesota
Statutes §340A.503, subd. 6.
(5) No person shall possess open containers of alcohol-related products or consume
alcohol-related products on public property including but not limited to public streets,
sidewalks, parking lots, or in parks except where specifically permitted by City Code. No
person shall possess open containers of alcohol-related products or consume alcohol-
related products in parking lots under the control of a license holder outside the licensed
premises or on private property generally open to the public unless possession or
consumption for a specific event on such property is approved by the City Manager in
advance of the event. The requesting party for such approval shall submit an application
to the City Manager on a form authorized by the City.
(6) No person shall consume nor any license holder permit consumption of alcohol-related
products on licensed premises more than twenty (20) minutes after the hour when a sale
thereof can be legally made.
301.1903 Criminal Enforcement. Upon discovery of a suspected violation of any portion of this
subsection, the City Police Department or other appropriate authority shall issue a criminal citation to
the individual offender and license holder where appropriate.
301.2000: Affirmative Defense: A license holder may reasonably and in good faith rely on proof
of age as described in Minnesota Statute § 340A.503, Subd. 6, in making sales of alcohol-related
products. In every appearance before the City Council for a violation of the provisions of this Section
relating to the sale or furnishing of alcohol-related products to underage persons, the fact that the
underage person involved has obtained and presented to the license holder, its employee or agent, a
form of identification identified in Minnesota Statute. § 340A.503, Subd. 6 from which it appears that
said person was not an underage person and was regularly issued such identification, shall be prima
facie evidence that the license holder, its agent or employee is not guilty of a civil violation of this Section
and, when proven by a preponderance of the evidence, shall be conclusive evidence that a violation, if
one has occurred, was not willful or intentional.
22
301.2100: Compliance Checks: All licensed premises shall be open to inspection by the City
police or other authorized City officials during regular business hours. From time to time, but at least
once per year, the City shall conduct compliance checks. Such compliance checks may involve, but are
not limited to, engaging minors to enter the licensed premises to attempt to purchase alcohol-related
products. If minors are used for compliance checks, they shall not be guilty of unlawful possession of
alcohol-related products when such items are obtained as a part of a compliance check. No minor used
in compliance checks shall attempt to use a false identification misrepresenting the minor’s age, and all
minors lawfully engaged in a compliance check shall answer all questions about the minor’s age asked
by the license holder or his or her employee and shall produce any identification for which he or she is
asked.
301.2200: Severability: If any provision of this Section is for any reason held to be invalid, such
decision shall not affect the validity of the remaining provisions of this Section.
14. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though
repeated verbatim.
15. This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 23rd day of May, 2016.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
A Summary of this Ordinance was Published in the Prior Lake American on the 4th day of June, 2016.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-xxx
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 116-_____ AND
ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS,
WHEREAS,
WHEREAS,
In accordance with Minnesota Statute, the Planning Commission held a public
hearing regarding amendments to Sections 301 Liquor Control, 1101 General
Provisions and 1102 Use District Regulations of the Prior Lake City Code on May 2,
2016; and
The City Council has considered the advice and recommendation of the Planning
Commission, city staff reports and others pertaining to the City Code amendments;
and
On May 23, 2016 the City Council adopted Ordinance 116-____ amending Sections
301, 1101 and 1102 of the Prior Lake City Code related to Brew Pubs, Small
Brewers, Taprooms, Microdistilleries, and Cocktail Rooms; and
WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper
before it becomes effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the
City Council finds that the summary is an accurate representation of the Ordinance;
and
WHEREAS, The City Council desires to publish a summary of the amendments to Sections 301,
1101 and 1102 of the Prior Lake City Code related to Brew Pubs, Small Brewers,
Taprooms, Microdistilleries, and Cocktail Rooms and has determined the publication
of a summary of this ordinance will meet the intent of the statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. 116-____ is lengthy.
3. The text of summary of Ordinance No. 116-____, attached hereto as Exhibit A, conforms to
M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the
Ordinance will clearly inform the public of the intent and effect of the Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no
smaller than brevier or eight-point type.
5. A complete text of the newly amended City Code will be available for inspection at City Hall
or in the Document Center on the City of Prior Lake Website after May 23, 2016.
PASSED AND ADOPTED THIS 23rd DAY OF MAY, 2016.
2
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
Exhibit A
SUMMARY ORDINANCE NO. 116-xx
AN ORDINANCE AMENDING CITY CODE SECTIONS 301 LIQUOR CONTROL, 1101
GENERAL PROVISIONS AND 1102 USE DISTRICT REGULATIONS RELATING TO BREW
PUBS, SMALL BREWERS, TAPROOMS, MICRODISTILLERIES AND COCKTAIL ROOMS
AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER
THINGS CONTAINS PENALTY PROVISIONS
The following is only a summary of Ordinance No. 116-____. The full text will available for public
inspection after May 23, 2016 by any person during regular office hours at City Hall or in the
Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance deletes Section 301 Liquor Control of the Prior Lake City Code in its
entirety and replaces with an amended Section 301 Liquor Control which addresses Brew Pubs,
Small Brewers, Taprooms, Microdistilleries and Cocktail Rooms, updates hours and procedures
and revises definitions; identifies additional land use descriptions in Section 1101 General
Provisions related to Brew Pubs, Small Brewers, Taprooms, Microdistilleries and Cocktail Rooms;
and identifies which Zoning Use Districts these land uses will be allowed as a Permitted Use or
Use Permitted by Conditional Use Permit in Section 1102.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 23rd Day of May, 2016.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Summary Ordinance to be published in the Prior Lake American on the 4th day of June, 2016.
Business Regulations
City of Prior Lake
301/p1
SECTION 301
LIQUOR CONTROL
SUBSECTIONS:
301.100: PROVISIONS OF STATE LAW ADOPTED
301.200: DEFINITIONS
301.300: LICENSE TYPES
301.400: LICENSE REQUIRED AND PROHIBITED SALES
301.500: APPLICATION FOR LICENSE
301.600: DENIALS
301.700: RENEWALS
301.800: TERM
301.900: TRANSFERS
301.1000: NON-EMPLOYEES ON PREMISES
301.1100: DISPLAY
301.1200: RIGHT OF INSPECTION
301.1300: MOVEABLE PLACE OF BUSINESS
301.1400: OUTDOOR AREAS IN ON-SALE ESTABLISHMENTS
301.1500: PROHIBITIONS
301.1600: OBSCENITY AND NUDITY
301.1700: CIVIL VIOLATIONS AND PENALTIES
301.1800: HEARING ON DENIAL OR VIOLATIONS
301.1900: CRIMINAL VIOLATIONS AND PENALTIES
301.2000: AFFIRMATIVE DEFENSE
301.2100: COMPLIANCE CHECKS
301.2200: SEVERABILITY
301.100: Provisions Of State Law Adopted: The provisions of Minnesota Statutes,
Chapter 340A, relating to alcohol are adopted and made a part of this
Sectionordinance as if fully set forth fully herein. Except to the extent the provisions
of this Section are more restrictive, the provisions of Minnesota Statutes, Chapter
340A, as may be amended, regarding the terms, licensing, consumption, sales,
hours of sale, and all other matters pertaining to the retail sale, distribution, and
consumption of intoxicating liquor and 3.2 percent malt liquor are adopted and made
a part of this Section as if set out in full. (Amd. Ord 105-21 – pub 9/17/05)
301.200: Definitions: The following words and terms when used in this Section shall have
the following meanings unless the context clearly indicates otherwise:
Alcohol-related product: Any food or beverage containing more than one-half of
one percent (0.5%) alcohol by volume, including but not limited to intoxicating liquor,
malt liquor, and wine.
Applicant: A person who completes or signs an application for a license to sell
alcohol-related products under this Section.
Business Regulations
City of Prior Lake
301/p2
Bowling Center. An establishment where the primary business is bowling, other
family recreational activities and equipment sales including, but not limited to,
bowling, arcade games, and billiards; and where food, beverage, and vending sales
are offered and served. A bowling center must have a minimum of 12 lanes of
bowling available and a minimum of 50% of the bowling center’s square footage
dedicated to bowling, which includes, but is not limited to, the bowling lanes,
approach to the bowling lanes, settee area, mechanical area for pin machines,
locker area for bowling balls, counter space for bowling business transactions, and
the bowling pro shop.
Brew pub. A brewer who also holds one or more retail on-sale licenses and who
manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed
premises, the entire production of which is solely for consumption on tap on any
licensed premises owned by the brewer as permitted by Minnesota Statutes §
340A.24, subdivision 1, or for off-sale from those licensed premises as permitted by
Minnesota 2015 Session Laws Chapter 9, Article 1, Section 3 to be codified as
Minnesota Statutes § 340A.24, subdivision 2.
Brewer. A person who manufacturers malt liquor for sale.
Brewer Taproom. An establishment located on the premises of or adjacent to one
brewery locationor adjacent to premises owned by aA brewer licensed under
Minnesota Statutes § 340A.301, subdivision 6, clause (c), (i), or (j) and that
produces less than two hundred fifty thousand (250,000) barrels of malt liquor
annually, and where the on-sale and consumption fof malt liquor produced by the
brewer is permitted pursuant to Minnesota Statutes § 340A.26. who also holds a
retail license to sell on-sale malt liquor produced by the brewer for consumption on
the premises of or adjacent to a brewery location owned by the brewer.
Club. An incorporated organization organized under the laws of the state for civic,
fraternal, social, or business purposes, for intellectual improvement, or for the
promotion of sports, or a congressionally chartered veterans' organization, each of
which: (1) has more than 30 members; (2) has owned or rented a building or space
in a building for more than one year that is suitable and adequate for the
accommodation of its members; and (3) is directed by a board of directors,
executive committee, or other similar body chosen by the members at a meeting
held for that purpose. No member, officer, agent, or employee shall receive any
profit from the distribution or sale of beverages to the members of the club, or their
guests, beyond a reasonable salary or wages fixed and voted each year by the
governing body.
Cocktail Room. An establishment on the premises of or adjacent to one distillery
location owned by a distiller, and where the on-sale of distilled spirits produced by
the distiller is permitted pursuant to Minnesota Statutes § 340A.22..
Business Regulations
City of Prior Lake
301/p3
Distilled Spirits. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey,
rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures
thereof, for nonindustrial use.
Distiller. A person who manufacturers distilled spirits for sale.
Exclusive Liquor Store: An establishment used exclusively for the sale of those
items authorized in Minnesota Statutes § 340A.412, Subd. 14.
On-Site Food Service: Regular service of meals prepared on the premises and
served on-site at tables to the general public. Prepackaged snack foods or foods
reheated in a microwave or toaster oven do not qualify as “on-site food service”.
Growler. Malt- liquor sold off-sale by a small brewer or brew pub, which has been
produced and packaged by the brewer in 64-ounce containers commonly known as
growlers or in 750 milliliter bottles.
Hotel. Any establishment having a resident proprietor or manager where: (i), in
consideration of payment therefore, food and lodging are regularly furnished; (ii)
which maintains fofor therht use of its guests not less than 25 guest rooms with
bedding and other usual, suitable and necessary furnishings in each room;
(iii)_which hasis provided with a main entrance with a suitable lobby, desk and office
for the registration of its guests on the ground floor; (iv) which employs an adequate
staff to provide suitable and usual service; and (v) which maintains under the same
management and control as the rest of the establishment and has, as an integral
part thereof, a dining room with appropriate facilities for seating not less than 30
guests at one time, where the general public is, in consideration foof payment
therefore, served meals at tables.
Intoxicating Liquor: Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt
beverages containing more than three and two-tenths percent (3.2%) of alcohol by
weight.
Licensed Premises: The premises described in the approved license application
under this Section. In the case of on-sale licenses located on a golf course,
“licensed premises” means the entire golf course except for areas where motor
vehicles are regularly parked or operated.
License Holder: An applicant who, pursuant to an approved application, holds a
valid, current, unexpired license to sell alcohol-related products under this
Section, which has neither been revoked nor suspended. For the purposes of this
Section, license holder also includes owners, agents and employees of the license
holder.
Manufacturer. Any person who, by any process of manufacturing, fermenting,
brewing, distilling, refining, rectifying, blending, or by the combination of different
materials, prepares or produces alcohol-related products for sale.
Malt Liquor. Any beer, ale, or other beverage made from malt by fermentation and
containing not less than one half of one percent alcohol by volume.
Business Regulations
City of Prior Lake
301/p4
3.2% Malt Liquor. Malt liquor containing not less than one half of one percent
alcohol by volume nor more than 3.2% alcohol by weight.
Microdistillery. A distillery operated within the state producing premium, distilled
spirits in total quantity not to exceed 40,000 proof gallons in a calendar year, which
distillery is licensed under Minnesota Statutes Chapter. 340 A.
Off-Sale: The sale of alcohol-related products in original packages for consumption
off the licensed premises only.
On-Sale: The sale of alcohol-related products for consumption on the licensed
premises only.
Original Package. The bottle or sealed container in which the alcohol-related
product is placed by the manufacturer.
Person: One (1) or more natural persons; a partnership, including a limited
partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a
limited liability company; a trust; a political subdivision of the State; or any other
entity.
Restaurant. An establishment, other than a hotel, under the control of a single
proprietor or manager, where on-site food service is provided to the general public,
and having a minimum seating capacity of 20 guests
Small Brewer. A brewer licensed under Minnesota Statutes § 340A.301,
subdivision 6, clause (c), (i), or (j) who also holds a retail license to sell off-sale malt
liquor at its licensed premises which has been produced and packaged by the
brewer. where the off-sale of malt liquor produced by the brewer is permitted
pursuant to Minnesota Statutes § 340A.28.
Wholesaler. Any person who is engaged in the business of selling alcoholic-related
products to retail dealers.
Wine. The product made from the normal alcoholic fermentation of grapes,
including still wine, sparkling and carbonated wine, wine made from condensed
grape must, wine made from other agricultural products than sound, ripe grapes,
imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each
instance containing not less than one half of one percent nor more than 24% alcohol
by volume for nonindustrial use.
301.300: License Types: The following types of licenses may be available from the City for
the sale of alcohol-related products:
301.301 On-Sale Intoxicating Liquor License: A license for oOn-sale of intoxicating liquor
licenses may be issuedgranted only to hotels, restaurants, bowling centers, clubs
or congressionally chartered veterans organizationsclubs (either private or public),
restaurants, bowling alleys and excursion boats on Prior Lake. A license may be
issued to a congressionally chartered veterans’ organization onlys if it has been in
Business Regulations
City of Prior Lake
301/p5
existence for at least three (3) years and intoxicating liquor sales will only be to
members and bona fide guests. On-sale intoxicating liquor licenses are subject to
the following conditions:
Where the licensed premises is located in a shopping center, office building, or free
standing structure, the licensed premises shall provide seating and food service for
a minimum of 30 guests at one time.
(1) Where the licensed premises is a free standing building, the building (exclusive of
land) shall have a minimum valuation of $2100,000 as established by the Scott
County Assessors determination of fair market value;
(2)(1) Where the licensed premises is located in a shopping center, office building, or free
standing structure, the licensed premises shall provide seating and food service for
a minimum of 30 guests at one time.
(3)(2) No on-sale of intoxicating liquor for consumption on the licensed premises may be
made after 2 a.m. or before 8 a.m. Monday through Saturday. No on-sale of
intoxicating liquor for consumption on the licensed premises may be made after 2
a.m. on Sunday without an on-sale Sunday liquor license.
301.302 Off-Sale Intoxicating Liquor License: A license for Ooff-sale of intoxicating liquor
licenses . may be issued only to exclusive liquor stores. No off-salesale of
intoxicating liquor may be made for consumption off-premises before 8 a.m. or after
10 p.m. Monday through Saturday, on Thanksgiving Day, on Christmas Day, or
after 8 p.m. on Christmas Eve. No off-sale of intoxicating liquor may be made onon
Sundays or before 8 a.m. or after 10 p.m. Monday through Saturday.
301.303 On-Sale 3.2 Percent Malt Liquor. A license for Oon-sale of 3.2 percent malt liquor
licenses may be issued to restaurants having facilities for seating at least twenty-
five (25) guests at one time, congressionally chartered veterans’ organizations, and
hotels having seating and food service for a minimum of 30 guests at one time. No
sale of 3.2 percent malt liquor for consumption on the licensed premises may be
made after 2 a.m. or before 8 a.m. Monday through Saturday, nor between 2 a.m.
and 10 a.m. on Sunday.
301.304 Off-Sale 3.2 Percent Malt Liquor License. A license for oOff-sale of 3.2 percent malt
liquor licenses may be issued to general food stores as defined in Minnesota
Statutes § 340A.101 and to drug stores as identified in Minnesota Statutes §
340A.412, Subd. 7. No sale of 3.2 percent malt liquor for consumption off-premises
may be made after 2 a.m. or before 8 a.m. Monday through Saturday, nor between
2 a.m. and 10 a.m. on Sunday.
301.305 On-Sale Malt Liquor Brewer Taproom License. A license for oOn-sale of malt liquor
brewer taproom licenses may be issued to brewer taprooms. On-sale malt liquor
brewer taproom licenses are subject to all conditions and restrictions contained in
Minnesota 2015 Session Laws Chapter 9, Article 1, Section 4 to be codified as
Minnesota Statutes § 340A.26. No on-sale of maltintoxicating liquor for
consumption on the licensed premises may be made after 2 a.m. or before 8 a.m.
Monday through Saturday. No on-sale of maltintoxicating liquor for consumption
Business Regulations
City of Prior Lake
301/p6
on the licensed premises may be made after 2 a.m. on Sunday without an on-sale
Sunday liquor license.
301.306 Off-Sale Malt Liquor Small Brewer (Growler) License. A license for oOff-sale of malt
liquor small brewer licenses may be issued to small brewers. Off-sale malt liquor
small brewer licenses are subject to all conditions and restrictions contained in
Minnesota 2015 Session Laws Chapter 9, Article 1, Section 4 to be codified as
Minnesota Statutes §§ 340A.28 and 340A.285. No off-sale of maltintoxicating liquor
may be made for consumption off the licensed premises before 8 a.m. or after 10
p.m. Monday through Saturday, on Thanksgiving Day, on Christmas Day, or after 8
p.m. on Christmas Eve. No off-sale of malt liquor may be made or at any time on
Sundays, except that malt liquor in growlers only may be sold off-sale on Sundays
between the hours of 8 a.m. and 10 p.m.
301.307 On-Sale Malt Liquor Brew Pub License. A license for oOn-sale of intoxicating malt
liquor or 3.2 malt liquor brew pub licenses may be issued to brew pubs for a
restaurant operated in the place of manufacture. On-sale malt liquor brew pub
licenses are subject to all conditions and restrictions contained in Minnesota 2015
Session Laws Chapter 9, Article 1, Section 4 to be codified as Minnesota Statutes
§ 340A.24. No on-sale of intoxicating liquor for consumption on the licensed
premises may be made after 2 a.m. or before 8 a.m. Monday through Saturday. No
on- sale of intoxicating liquor for consumption on the licensed premises may be
made after 2 a.m. on Sunday without an on-sale Sunday liquor license. No sale of
3.2 percent malt liquor may be made after 2 a.m. or before 8 a.m. Monday through
Saturday, nor between 2 a.m. and 10 a.m. on Sunday.
301.308 Off-Sale Malt Liquor Brew Pub (Growler) License. A license for oOff-sale of malt
liquor brew pub licenses may be issued to brew pubs for a restaurant operated in
the place of manufacture. Off-sale malt liquor brew pub licenses are subject to all
conditions and restrictions contained in Minnesota 2015 Session Laws Chapter 9,
Article 1, Section 4 to be codified as Minnesota Statutes §§ 340A.24 and 340A.285.
No off-sale of maltintoxicating liquor may be made for consumption off the licensed
premises before 8 a.m. or after 10 p.m. Monday through Saturday, on Thanksgiving
Day, on Christmas Day, or after 8 p.m. on Christmas Eve. No off-sale of malt liquor
may be made or at any time on Sundays, except that malt liquor in growlers only
may be sold off-sale on Sundays between the hours of 8 a.m. and 10 p.m.
301.309 On-Sale Wine License. A license for Oon-sale of wine licenses may be issued to
restaurants having facilities for seating and providing on-site food service for at least
twenty-five (25) guests at one time. Notwithstanding the prohibition contained in
subsection 301.400 hereof, the holder of an on-sale wine license who also holds an
on-sale 3.2 percent malt liquor license may sell malt liquor containing in excess of
3.2% of alcohol by weight at on-sale without an additional license. No on-sale of
wine for consumption on the licensed premises may be made after 2 a.m. or before
8 a.m. Monday through Sunday.
301.310 On-Sale Cocktail Room License. A license for on-sale of distilled spirits may be
issued to a cocktail room. Cocktail room licenses are subject to all conditions and
restrictions contained in Minnesota Statutes § 340A.22. No on-sale of intoxicating
Business Regulations
City of Prior Lake
301/p7
liquor may be made after 2 a.m. or before 8 a.m. Monday through Saturday. No
on-sale of intoxicating liquor may be made after 2 a.m. on Sunday.
301.311 Off-Sale Microdistillery License. A license for off-sale of distilled spirits may be
issued to a microdistillery. Microdistillery off-sale licenses are subject to all
conditions and restrictions contained in Minnesota Statutes § 340A.22. No off-sale
of intoxicating liquor may be made before 8 a.m. or after 10 p.m. Monday through
Saturday, on Thanksgiving Day, on Christmas Day, or after 8 p.m. on Christmas
Eve. No off-sale of intoxicating liquor may be made on Sundays.
301.312 On-Sale Sunday Liquor License. A license for oOn-sale of intoxicating liquor on
Sunday liquor licenses may be issued to a hotel, bowling centeralley, club, or
restaurant, each with facilities for serving not less than thirty (30) guests at one time,
to which an on-sale intoxicating liquor license has been issued. Such licenses may
permit the sale of alcohol-related productsliquor to be consumed on the premises
between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on Monday in conjunction
with on-site food servicethe serving of food provided that the license holder is in
conformance with the Minnesota Clean Air Act and provided a public hearing is held
prior to the issuance of the license. No Sunday license is needed for on-sale of 3.2
percent malt liquor or on-sale of wine licenses. (Amd. Ord. 04-29, pub. 10/23/05)
301.3131 Temporary On-Sale Intoxicating Liquor License. A license for temporary on-
sale of intoxicating liquor in connection with a social event within the City sponsored
by the license holder may The City Council maybe issued to: (1) a club or charitable,
religious or nonprofit organization, comprised of at least 35 members, in existence
for at least three (3) years, or (2) a political committee registered under Minn. Stat.
§10A.14, a temporary license for the sale of intoxicating liquor in connection with a
social event within the City sponsored by the license holder.
(1) The license may authorize the sale of alcohol-related products for not more than
four (4) consecutive days, and may authorize sales on premises other than
premises the license holder owns or permanently occupies. The license may
provide that the license holder may contract for catering services with the holder of
a full-year on-sale liquor license issued by the City. The licenses are subject to the
terms, including license fee, imposed by the City. In addition to any terms and
conditions that the City Council may impose as a condition of approval for a
temporary on-sale license, the licenses issued under this subsection are subject to
all laws and ordinances governing the sale of alcohol-related products except
Minnesota Statute § 340A.409 and §340A.504, subd. 3, paragraph (d). Temporary
licenses must need to be approved by the Minnesota Commissioner of Public
Safety before they become valid.
(2) The City may not issue more than three (3) four-day temporary licenses, four (4)
three-day licenses, six (6) two-day licenses, or twelve (12) one-day licenses, in any
combination not to exceed 12 days per year to any one organization or for any one
location. No more than one temporary license may be issued to any one
organization or for any one location within any 30-day period, unless the licenses
are issued in connection with an official community festival, designated as such by
the City.
Business Regulations
City of Prior Lake
301/p8
301.3142 Temporary On-Sale Malt Liquor Licenses. A license for temporary on-sale
of 3.2 percent malt liquor may be issued to The City Council may issue a club or
charitable, religious, or nonprofit organization a temporary on-sale license for the
sale of 3.2 percent malt liquor. (Amd. Ord. 105-21 – pub 9/17/05)
301.400: License Required and Prohibited Sales:
301.401 License. No person shall directly or indirectly, on any pretense or by any device,
sell, barter, keep for sale, charge for possession or otherwise dispose of any
alcohol-related products at any place in the City without first obtaining a license as
providedrequired by this Section and paying the accompanying license fee. This
subsection does not apply to (1) to possession or handling for sale or otherwise of
sacramental wine or to any representative of any religious order or for use in
connection with a legitimate religious ceremony; (2) to such potable liquors as are
prescribed by licensed physicians and dentists for therapeutic purposes; (3) to
industrial alcohol and its compounds not prepared or used for beverage purposes;
or (45) to sales by manufacturers to wholesalers duly licensed as such by the State
of Minnesota and to sales by wholesalers to persons holding on-sale or off-sale
licenses from the City.
301.402 Prohibited Sales. No person shall sell, offer for sale, give away, furnish, or otherwise
deliver any alcohol-related product:
(1) To any person under the age of twenty-one (21) years.
(2) By any means, or to any other person, prohibited by Federal, State, or local law,
ordinance provision, or other regulation.
301.403 Instructional Program. Other than temporary licenses issued under subsections
301.3113 and 301.3124, no person shall be issued a license or renewal license to
sell alcohol-related products unless the applicant has a program for instructing all
employees in the legal requirements pertaining to the sale of alcohol-related
products, including, but not limited to, reviewing the law on the sale of alcohol-
related products, providing information on the health risks of using alcohol-related
products, and requiring employees to request identification where age may be in
doubt. The training shall include information that the sale of alcohol-related products
to minors is illegal, explains what proof of age is legally acceptable, and that a sale
to a minor can subject the applicant or license holder and their employees to
criminal and/or civil liability. At the request of the City, a license holder or applicant
shall provide copies of written and other materials used in connection with the
program. No license shall be issued unless the applicant or license holder signs a
City form attesting that each employee of the applicant or license holder has
received training and instruction on the sale of alcohol-related products and the date
such training occurred. Any new employee of the license holder who begins
employment during the license period shall participate in the training prior to serving
or selling any alcohol-related product.
Business Regulations
City of Prior Lake
301/p9
301.500: Application for and issuance of License:
301.501 Application: An application for a license to sell alcohol-related products shall be
made on a form prescribed by the proper Department of the State of Minnesota,
together with such additional information as the City may desire. If State forms are
not prescribed, then applications shall be made on forms provided by the City.
Information required may vary with the type of entity making application. All
questions asked or information required by the application forms shall be answered
fully and completely by the applicant. No person shall make a false statement in an
application. The completed application along with the documents described herein,
shall be submitted to the City Manager or designee for approval by the City Council.
301.502 Documents to Accompany Application. At the time of application, the following shall
be provided by the applicant:
(1) License Fee. Each application for a license shall include proof of payment of the
license fee. The license fee shall be determined by the City Council and set forth in
the City Fee Schedule. License fees which are in excess of $500.00 and are issued
for less than a full year may be prorated on a monthly basis based on the date of
issuance of the license. The license fee is non-refundable except as provided in
Minnesota Statute § 340A.408, Subd. 5.
(2) Investigation Fee. Other than applications for temporary licenses issued under
subsections 301.311 and 301.312, all aApplications for an initial license or transfer
of an existing license shall also include payment of an investigation fee of Five
Hundred ($500.00) dollars. If an investigation outside of the State of Minnesota is
required, the applicant shall pay the $500 fee plus all actual costs of the out of State
investigation, prior to consideration of the license application by the City Council. The
investigation fee is non-refundable. Applications for the following licenses do not
require an investigation fee:
(i) temporary licenses issued under subsections 301.313 and 301.314;
(ii) off-sale malt liquor small brewer license issued under subsection 301.306
provided that concurrent with the application, applicant pays an investigation
fee for an on-sale malt liquor brewer taproom license under subsection 301.305;
(iii) off-sale malt liquor brew pub license issued under subsection 301.308
provided that concurrent with the application, applicant pays an investigation
fee for an on-sale brew pub license under subsection 301.307;
(iv) off-sale microdistillery license issued under subsection 301.311 provided
that concurrent with the application, applicant pays an investigation fee for an
on-sale cocktail room license subsection 301.310;
(v) on-sale Sunday license issued under subsection 301.312.
(2)(3) Legal Documents. All applications shall be accompanied by copies of each
summons received by the applicant under Minnesota Statute § 340A.802 during the
preceding year.
(3)(4) General Liability Insurance. Licenses shall be issued, maintained, or renewed
only if the applicant or license holder demonstrates financial responsibility as
defined in Minnesota Statute § 340A.409 for the applicant’s liability under Minnesota
Business Regulations
City of Prior Lake
301/p10
Statute § 340A.801 (“Dram shop liability”). Such proof of financial responsibility shall
be filed with the Minnesota Commissioner of Public Safety and a copy filed with the
City with the application for a license. The sale of alcohol-related products without
having on file with the City effective proof of financial responsibility is subject to the
provisions of subsection 301.1704. Proof of financial responsibility shall be given
by: (i) filing a certificate that there is in effect for the license period an insurance
policy or pool providing at least $500,000 of coverage because of bodily injury to
any one person in any one occurrence, $1,000,000 because of bodily injury to two
or more persons in any one occurrence, $500,000 because of injury to or
destruction of property of others in any one occurrence, $500,000 for loss of means
of support of any one person in any one occurrence, and $1,000,000.00 for loss of
means of support of two or more persons in any one occurrence; (ii) a bond of a
surety company with minimum coverage as provided in (i); or (iii) a certificate of the
State Treasurer that the license holder has deposited with him $100,000.00 in cash
or securities which may legally be purchased by savings bank or trust funds having
a market value of $100,000.00. The proof of financial responsibility . The insurance
policy shall provide that the insurer or holder will provide the City with thirty (30)
days’ notice prior to the termination of insurance or any change in insurance
coverage. Proof of financial responsibility is not required for licensees identified by
Minnesota Statute § 340A.409, Subd. 4; provided that the required affidavit is
provided by the applicant prior to issuance of the license.
(4)(5) Workers’ Compensation Insurance. The policy limits for workers’ compensation
insurance shall be as provided for by state law.
(5) Financial Responsibility. Liquor licenses shall be issued, maintained, or renewed
only if the applicant demonstrates financial responsibility as defined in Minnesota
Statute § 340A.409 for the applicant’s liability under Minnesota Statute § 340A.801
(“Dram shop liability”). Such proof of financial responsibility shall be filed with the
Minnesota Commissioner of Public Safety and a copy filed with the City with the
application for a license. The sale of alcohol-related products without having on file
with the City effective proof of financial responsibility is subject to the provisions of
subsection 301.1704.
(6) Partial Refund. In circumstances where an existing license holder discontinues its
license before the expiration termination date and a new license is issued for the
same location for the remainder of the license period, a pro rata refund of the
discontinued license for the remainder of the license term may be granted at the
discretion of the City Council subject to the following:
a. The request for refund shall be made during the term for which the discontinued
license was issued.
b. A refund will be considered only for license fees not for investigation fees.
c. If the pro rata refund is less than $1,000 no refund shall be issued.
d. An administrative fee of $400 shall be charged for every refund.
e. The reason the license was discontinued is a result of the issuance of a new
license at the same location.
f. License discontinuation is not the result of a violation of this Section.
(Ord 107-04 – adopted 1/27/07)
Business Regulations
City of Prior Lake
301/p11
(7) Corporate Applicants and License Holders. A corporate applicant, at the time
of application, shall furnish the City with a list of all persons that have an interest in
such corporation and the extent of such interest. The list shall name all shareholders
holding more than five percent (5%) of all issued and outstanding stock of the
corporation and show the number of shares held by each, either individually or
beneficially for others. It is the duty of each corporate license holder to notify the
City in writing of any change in legal ownership or beneficial interest in such
corporation or in such shares. The notice of such change must be given within ten
(10) days of its occurrence. Any change in the ownership or beneficial interest in
the shares entitled to be voted at a meeting of the shareholders of a corporate
license holder, which results in the change of voting control of the corporation by
the persons owning the shares therein, shall be deemed equivalent to a transfer of
the license issued to the corporation. The Council or any officer of the City
designated by it may at any reasonable time examine the stock transfer records
and minute books of any corporate license holder in order to verify and identify the
shareholders, and the Council or its designated officer may examine the business
records of any other license holder to the extent necessary to disclose the interest
which persons other than the license holder have in the licensed business.
301.503 Review. If the City Manager determines that an application is incomplete or without
supporting documentation, he or she shall return the application to the applicant
with notice of the deficiencies.
If the City Manager determines the application is complete, he or she shall refer the
application to the Chief of Police who shall institute such investigation of the
applicant and the contents of the application as is deemed necessary including, but
not limited to, a criminal history check with the Bureau of Criminal Apprehension.
The Chief of Police shall provide a report of the investigation to the City Manager.
The City Manager shall review the application, supporting documents, and the result
of a background investigation, and prepare a report to the City Council,
recommending: (i) approval; (ii) approval with conditions; (iii) denial; or (iv) delay of
any action for such reasonable period of time to permit the City to complete any
additional investigation of the application or the applicant deemed necessary. The
report shall include the basis for the recommendation and shall indicate whether the
licensed premises will be subject to a Conditional Use Permit.
301.504 Hearing. Following written notice to the applicant, the City Council shall hold a
hearing to review the application and supporting documents and shall hear
testimony from any person who requests to be heard for or against the granting of
the license.
301.504 Manager or Agent. Before a license is issued under this Section to an individual
who is a non-resident of the City, to more than one individual whether or not they
are residents of the City, or to a corporation, partnership, company or association,
the applicant or applicants shall appoint in writing a natural person who is its
manager or agent. Such manager or agent shall, by the terms of a written consent,
(1) take full responsibility for the conduct of the licensed premises and (2) serve as
Business Regulations
City of Prior Lake
301/p12
agent for service of notices and other process relating to the license. Such manager
or agent must be a person who, by reason of age, character, reputation, and other
attributes, could qualify individually as a license holder. If such manager or agent
ceases to act in such capacity for the license holder without appointment of a
successor, the license issued pursuant to such appointment shall be subject to
revocation or suspension.
301.505 Action. After the investigation and, review and hearing, the Council shall, in its
discretion, grant or deny the issuance of the license. No license shall become
effective until approved by the Commissioner of Public Safety if required by
Minnesota Statute Chapter 340A. The City Council may impose reasonable
conditions on the issuance of any license. If the licensed premises is subject to a
Conditional Use Permit, the conditions applicable to the Conditional Use Permit are
automatically incorporated in and apply to the liquor license. If the City Council, and
the Commissioner of Public Safety if required, approve issuance of the license, a
license shall be issued to the applicant. If the City Council denies issuance of the
license, a written notice of denial along with the reasons for the denial shall be sent
to the applicant at the address provided on the application. If a license is mistakenly
issued, it shall be revoked by the City Manager upon the discovery of the mistake.
(Ord. Amd. 111-05, publ. 06/11/11)
301.506 Duplicate licenses. Duplicates of all original licenses under this Section may be
issued by the City Clerk without action by the Council
301.600: Denials: The following shall be grounds for denying the issuance, transfer, or
renewal of a license under this Section. The following list is not exhaustive or
exclusive:
(1) The applicant is under the age of twenty-one (21) years.
(2) The applicant has within the past five (5) years violated any provision of this Section,
City Code, or a Federal, State, or local law, ordinance provision, or other regulation
relating to alcohol-related products.
(3) The applicant or license holder, including any person who holds an interest of more
than five percent (5%) of an applicant or license holder, has had a license to sell
alcohol-related products revoked within the preceding five (5) years of the date of
application.
(4) The applicant fails to provide any information required on the City license
application, or provides false or misleading information.
(5) The applicant or license holder has outstanding fines, penalties or property taxes
owed to the City, County or State.
(6) The applicant is directly or indirectly the owner of any current license issued under
this Section.
Business Regulations
City of Prior Lake
301/p13
(7) The proposed licensed premises is ineligible for a license under state law or the City
Code.
(8) Taxes, assessments, fines or other financial claims of the City, County or State are
delinquent and unpaid as to the premises to be licensed. Notwithstanding the
foregoing, if the delinquent taxes, assessments, fines or financial claims are against
a landowner, and the applicant is a tenant of landowner and has no financial interest
in landowner, then the City Council may, in its discretion, but shall not be required
to, grant a license to an applicant so long as the applicant is not delinquent on any
taxes, assessments, fines or financial claims as set forth herein.
(9) The premises to be licensed is located within 300 feet of any church or school;
except that in the City Council’s discretion and with the written consent of the church
and/or school, temporary on-sale malt liquor licenses and temporary on-sale
intoxicating liquor licenses may be issued for: church property, property within 300
feet of any church, or property within 300 feet of any school. No license shall be
issued for school property.
(10) It is impractical to conduct a background or financial investigation due to the
unavailability of information or the results of the background or financial
investigation show that issuance would not be in the public interest.
(11) The applicant is not of good moral character and repute.
(12) The applicant or license holder has a direct or indirect interest in a manufacturer,
brewer or wholesaler, except where the application is for a cocktail room,
microdistillery, brew pub, brewer taproom, or small brewer, as defined in this
Section.
301.700: RENEWALS: The renewal of a license under this Section shall be handled in the
same manner as the original application and issuance. Any person intending to
apply to renew a liquor license shall submit a renewal application, on a form
provided by the City, and pay the investigation and license fee. A license renewal
application shall be submitted to the City no later than forty-five (45) days prior to
the expiration of the license. The issuance of a license under this Sectionordinance
is a privilege and not an absolute right and shall not entitle the holder to an automatic
renewal of the license.
A late fee of Fifty dollars ($50.00) willshall be imposed on any license holder who
fails to submit a timely renewal application.
301.800: Term: All licenses shall expire annually on are issued for a period of one (1) year.
The license period is from July 1 to June 30.
Business Regulations
City of Prior Lake
301/p14
301.900: Transfers: All licenses issued under this Section shall be valid only on the licensed
premises and only for the person to whom the license was issued. No transfer of
any license to another location or person shall be valid without the prior approval of
the City Council. Any sale or transfer of stock of a corporate license holder is
deemed a transfer of the license, which, without Council approval, is grounds for
revocation of the license.
301.1000: Non-Employees on Premises: A license holder shall not allow non-employees
on the licensed premises from twenty (20) minutes after the sale of alcohol-related
products is prohibited until the sale is again permitted except as hereinafter
provided. Non-employees are allowed on the on-sale premises of a hotel,
restaurant, club, or bowling centeralley during normal hours of operation. During the
hours that the sale of alcohol-related products is prohibited, there may be no sale,
consumption, or display of alcohol-related products. The license holder shall close
off all access to alcohol-related products or any bar area in a manner approved by
the City.
301.1100: Display: Every license shall be conspicuously posted at the licensed premises and
shall be exhibited to any person upon request.
301.1200: Right of Inspection: Any Prior Lake police officer, City employeeofficial, or any
other appropriate officerproperly designated officer displaying proper identification
shall have the unqualified right to enter, inspect, and search the licensed premises
of any license holder hereunder without a warrant, during business hours or when
owners, managers, or other employees are located on the licensed premises.
The business records of the license holder, including Federal and State tax returns,
shall be available for inspection by the City at all reasonable times upon written
request.
301.1300: Moveable Place of Business: No license of any type shall be issued for any
business whose physical location is not permanent or is capable of being moved or
changed, including but not limited to kiosks or trailers. “Moveable place of business”
does not include golf carts when used on golf course property, excursion boats on
Prior Lake, or any moveable structure when specifically permitted by the City
Council under subsection 301.1400 herein.
301.1400: Outdoor Areas in On-Sale Establishments: All outdoor areas in on-sale
licensed establishments are subject to the following limitations:
(1) Every outdoor area mustneeds to be approved as part of the original licensed
premises or by the granting of an application for expansion of the license premises.
No sales may be made nor may alcohol-related products be consumed in parking
lots or any portions of any property thereof without a permanent or temporary
license approval from the City.
(2) Regardless of the type of license issued to an outdoor area, the City Council may
regulate and restrict the hours, days, nature, volume, and other aspects of alcohol-
Business Regulations
City of Prior Lake
301/p15
related product sales and entertainment in any outdoor area to protect the safety
and welfare of residents, businesses and other uses near the licensed premises.
(3) The City Council may authorize temporary entertainment not otherwise allowed
under the liquor license in an outdoor area by permit for special events pursuant to
City Code Section 307. Applications for such permits shall be accompanied by a
fee as established by the City Council.
(4) Customers shall not be allowed to occupy the outdoor area in numbers greater than
the seating capacity permits.
(5) No bar shall be located in an outdoor area except a service bar for the exclusive
use of employees of the license holder.
(6) The license holder shall provide on-site food service to the outdoor area during all
hours of operation of the outdoor area,
(7) Access to and from the outdoor area shall be through the licensed premises or
through property controlled by the license holder.
(8) No sales of alcohol-related products may be made on any public or private property
open to the public for passageway purposes except as specifically authorized by
the City Council. The City Council may regulate and restrict the hours, days, nature,
volume and other aspects of sales in these areas, and may require the license
holder to procure insurance naming the City as an additional insured to protect the
safety and welfare of residents, businesses and other uses near the licensed
premises.
301.1500: Obscenity and Nudity: No liquor license holder shall:
(1) Employ or use any person in the sale or service of alcohol-related products or as
employees while such person is unclothed or in such attire, costume or clothing as
to expose to view any portion of the pubic hair, anus, cleft of the buttocks, male or
female genitals, or the female breast below the top of the areola;
(2) Employ or use the services of any wait person while such person is unclothed or in
such attire, costume or clothing as described in paragraph (1) above.
(3) Encourage or permit any person on the licensed premises to touch, caress or fondle
the breast, buttocks, anus or genitals of any other person;
(4) Permit any employee or person to wear or use any device or covering exposed to
view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
301.1600: Prohibitions: No liquor license holder, or its owners, agents, and/or employees
shall:
(1) Knowingly permit the licensed premises or any room in those premises or any
adjoining building directly under the license holder’s control to be used by
prostitutes.
Business Regulations
City of Prior Lake
301/p16
(2) Knowingly permit the sale, possession or consumption of controlled substances on
the licensed premises in violation of federal, state or local law nor shall any license
holder permit consumption of alcohol-related products on the licensed premises
more than twenty (20) minutes after the hour when a sale thereof can be legally
made.
(3) Except for charitable gambling as defined and permitted under state law, gambling
and gambling devices are not permitted on licensed premises. State lottery tickets
may be purchased and sold within licensed premises as authorized by the director
of the state lottery.
(4) Employ or use any person in the sale or service of alcohol-related products or as
employees for the purpose of staging any nature of “lingerie show” in or upon the
licensed premises while such person is unclothed or in such attire, costume or
clothing as to expose to view any portion of the female breast below the top of the
areola or of any portion of the pubic hair, anus, cleft of the buttocks, or genitals.
(5) Fail to comply with the conditions of a Conditional Uuse Permit whether the
conditions are set out in City Code Section 1102.1103 (5) a-e or were imposed by
the Planning Commission or City Council upon approval of the Conditional Use
Permit.
(6) Violate any portion of this Section.
(7) Violate any applicable Federal, State or local, civil or criminal statute, ordinance, or
regulation pertaining to alcohol-related products.
(8) Violate a condition under which the license was granted, including, but not limited
to, the timely payment of real estate taxes or other charges.
(9) Violate a Federal, State or local law regulating the sale of alcohol-related products
or controlled substances.
(10) Create a public nuisances, as described in the City Code, on the premises or in the
surrounding area.
(11) Suffer or permit illegal acts upon the licensed premises or on property owned,
controlled by, or adjacent to the licensed premises, whether related or unrelated to
the sale of alcohol-related products.
(12) Have knowledge of illegal acts upon or attributable to the licensed premises, but fail
to report the same to the police.
(13) Fail to comply with a condition of the license imposed by the City Council or fail to
meet a deadline for any such condition.
(14) Commit any act which would allow for denial of a license under this Section.
Business Regulations
City of Prior Lake
301/p17
301.1700: Civil Penalties; revocation and suspension:
301.1701 Violations. Any violation of this Section shall be considered an act of the license
holder for purposes of imposing a civil penalty, license suspension, or revocation.
Each violation, and every day in which a violation occurs or continues, shall
constitute a separate offense. The license holder shall be responsible for the
conduct of its agents and employees on the licensed premises. A civil penalty,
revocation, and/or suspension may be pursued and imposed regardless of any
criminal adjudication.
301.1702 Notice of Violation. Upon occurrence of a violation, theThe Police Department
shall inform the City Manager of the suspected violation. The City Manager shall
then send to the license holder a written notice of the suspected violation. The notice
shall advise the license holder of the penalty and the license holder’s right to request
a hearing regarding the violation pursuant to subsection 301.1800.
301.1703 Civil Penalties. Each license issued hereunder shall be subject to suspension or
revocation and/or imposition of a civil fine of up to Two Thousand Dollars
($2,000.00) for violation of any provisions of this Section or the laws of the State of
Minnesota as follows:
(1) Presumptive Civil Penalties; Purpose. The purpose of this subsection is to
establish a standard by which the City Council determines the length of license
suspension, the propriety of revocations, and the amount of fines, and shall apply
to all premises licensed under this Section. These penalties are presumed to be
appropriate for every case; however, the Council may deviate in an individual case
where the Council finds that there exist substantial reasons making it appropriate to
deviate, such as, but not limited to, a license holder’s efforts in combination with the
State or City to prevent the sale of alcohol-related products to minors. When
suspending or revoking a license or imposing a fine for a violation of this
SectionOrdinance, the Council will provide written findings that support the penalty
selected. Further, when deviating from the standard set forth herein, the Council
shall set forth in writing the rationale for the deviation.
(2) Presumptive Penalties for Violations. The minimum penalties for civil violations
as determined by the City Council shall be presumed as follows (unless specified,
number indicate consecutive days’ suspension):
Appearance
Type of Violation 1st 2n
d
3rd 4th
Commission of a felony related to
the licensed activity.
Revocation NA NA NA
Sale of alcohol-related products
while license is under suspension
Revocation NA NA NA
Sale of alcohol-related products
to underage person
1 and
$1,000 (1
day sus-
pension
6 18 Revoca-
tion
Business Regulations
City of Prior Lake
301/p18
and $500
suspended
for 1 year
and dis-
missed if
no same or
similar vio-
lations in
that year)
Sale of alcohol-related products
to obviously intoxicated person
3 6 18 Revoca-
tion
After hours sale of alcohol-re-
lated products
3 6 18 Revoca-
tion
After hours display or consump-
tion of alcohol-related products
3 6 18 Revoca-
tion
Refusal to allow City Inspectors
or Police admission to inspect
premises
5 15 Revoca-
tion
NA
Illegal gambling on premises 3 6 18 Revoca-
tion
Failure to take reasonable steps
to stop person from leaving
premises with alcohol-related
products
3 6 18 Revoca-
tion
Sale of intoxicating liquor where
only license is for 3.2 percent
malt liquor
Revocation NA NA NA
(Ord. Amend. 114-09, publ. 04 26 14)
301.1704 Automatic Suspension. Any license issued under this Section shall be
immediately suspended, without further action by the City Council, upon notice from
the City Manager to the applicant or license holder for lapse of required insurance,
including but not limited to dram shop insurance, lapse of financial responsibility, or
failure to notify City within a reasonable time of any modifications to insurance or
financial responsibility.
301.1705 Automatic Revocation. Any license issued under this Section shall be immediately
revoked, without further action by the City Council, upon written notice from the City
Manager to the applicant or license holder of the mistaken issuance or renewal of
a license.
301.1706 Multiple Violations. At a license holder’s first appearance before the Council, the
Council may act upon all of the violations that have been alleged in the notice sent
to the license holder. The Council in that case shall consider the presumptive
penalty for each violation under the first appearance column in subsection 301.1703
above. The occurrence of multiple violations is grounds for deviation from the
presumed penalties in the Council’s discretion.
Business Regulations
City of Prior Lake
301/p19
301.1707 Subsequent Violations. Violations occurring after the notice of hearing has been
mailed, but prior to the hearing, shall be treated as a separate violation and dealt
with as a second appearance before the Council, unless the City Manager and
license holder agree in writing to add the violation to the first appearance. The same
procedure applies to a second, third, or fourth appearance before the Council.
301.1708 Computation of Appearances. After the first appearance, a subsequent
appearance by the same license holder will be determined as follows:
(1) If the first appearance was within three (3) years of the current violation, the current
violation will be treated as second appearance.
(2) If a license holder has appeared before the Council on two (2) previous occasions,
and the current violation occurred within five (5) years of the first appearance, the
current violation will be treated as a third appearance.
(3) If a license holder has appeared before the Council on three (3) previous occasions,
and the current violation occurred within seven (7) years of the first appearance, the
current violation will be treated as a fourth appearance.
(4) Any appearance not covered by paragraphs (1), (2) or (3) above will be treated as
a first appearance.
301.1709 Other Penalties. Nothing in this Section shall restrict or limit the authority of the
Council to suspend the license up to sixty (60) days, revoke the license, impose a
civil fine not to exceed two thousand dollars ($2,000.00), to impose conditions, or
take any other action; provided, that the license holder has been afforded an
opportunity for a hearing in the manner provided in subsection 301.1800. Penalties
imposed under this Section do not require a prior criminal adjudication.
301.1710 Reinstatement. A license shall be reinstated following expiration of the suspension
period and upon payment of all fines by the license holder. No license shall be
reinstated, and no sales of alcohol-related products may be made until all fines have
been paid. The sales of any alcohol-related products while a license is under
suspension shall constitute a violation of subsection 301.1705 and result in the
automatic revocation of the license.
301.1711 Other Enforcement of Action. A civil penalty, suspension or revocation or
combination thereof under this Section does not preclude any private civil action or
any criminal prosecution under this Section or any other federal, state or local law,
statute, ordinance or regulation.
301.1800: Hearing on Denial or Violation: Following receipt of a notice of denial issued
under subsection 301.505 or a notice of a violation and penalty issued under
subsection 301.1700, an applicant or license holder may request a hearing before
the City Council. The City Council may appoint a hearing examiner who shall be a
member of the City Council, or may conduct a hearing itself. A request for a hearing
shall be made by the applicant or license holder in writing and filed with the City
Manager within ten (10) days of the mailing of the notice of denial or notice of
Business Regulations
City of Prior Lake
301/p20
violation. If a hearing examiner conducts the hearing, the hearing examiner shall
report its findings and make a recommendation to the full Council.
If, after the hearing, the applicant or license holder is found ineligible for a license,
or in violation of this Section, the Council may affirm the denial, impose a fine, issue
a suspension or revocation, or impose any combination thereof. The City Manager
shall mail notice of the denial, fine, suspension or revocation and the reason therefor
to the applicant or license holder.
If the applicant or license holder has been provided written notice of the denial or
violation and if no request for a hearing is filed within the ten (10) day period, then
the denial, penalty, suspension or revocation imposed shall take immediate effect
without any further notice. The City Police Department shall investigate compliance
with the suspension or revocation.
301.1900: Criminal Violations and Penalties:
301.1901 Criminal Violations: License Holder and Employees. As set forth in Minnesota
Statutes §§Chapters 340A.503 and 340A.705, it shall be a gross misdemeanor for
anyone to sell, furnish, or provide alcohol-related products to a person under the
age of twenty-one (21) years. It shall be a gross misdemeanor for anyone under the
age of twenty-one (21) years to sell, furnish, or give away any alcohol-related
products. This subsection shall not apply to an employee of the license holder under
the age of twenty-one (21) years but over the age of eighteen (18) years while
serving alcohol-related products.
301.1902 Criminal Violations.
(1) No person under the age of twenty-one (21) yearslegal drinking age shall enter a
licensed premises for the purpose of purchasing or consuming any alcohol-related
product. It is not unlawful for any person who has attained the age of 18 years to
enter licensed premises for the purposes of (a) performing work at the licensed
premises, including the serving of alcohol-related products, unless otherwise
prohibited by statute, (b) consuming meals, or (c) attending social functions that are
held in a portion of the licensed premises where alcohol-related products are not
sold.
(2) It shall be a misdemeanor for anyone under the age of twenty-one (21) years to
use, purchase, attempt to purchase, or possess alcohol-related products. This
subsection shall not apply to a person under the age of twenty-one (21) but over
the age of eighteen (18) years who purchases or attempts to purchase alcohol-
related products while under the direct supervision of a responsible adult for
training, education, research or enforcement purposes.
(3) No person under the age of twenty-one (21) years underage person shall
misrepresent the person’s age for the purpose of obtaining alcohol-related products,
nor shall the person enter any licensed premises for the purposes of purchasing or
having served or delivered any alcohol-related product. Nor shall any such person
purchase, attempt to purchase, consume, or have another person purchase for the
underage person any alcohol-related products.
Business Regulations
City of Prior Lake
301/p21
(4) Any person shall, upon demand of the license holder, its employee, or agent,
produce and permit to be examined one of the forms of identification provided under
Minnesota Statutes §340A.503, subd. 6.
(5) No person shall possess open containers of alcohol-related products or consume
alcohol-related products on public property including but not limited to public streets,
sidewalks, parking lots, or in parks except where specifically permitted by City
Codeordinance. No person shall possess open containers of alcohol-related
products or consume alcohol-related products in parking lots under the control of a
license holder outside the licensed premises or on private property generally open
to the public unless possession or consumption for a specific event on such property
is approved by the City Manager in advance of the event. The requesting party for
such approval shall submit an application to the City Manager on a form authorized
by the City.
(6) No person shall consume nor any license holder permit consumption of alcohol-
related products on licensed premises more than twenty (20) minutes after the hour
when a sale thereof can be legally made.
301.1903 Criminal Enforcement. Upon discovery of a suspected violation of any portion of
this subsection, the City Police Department or other appropriate authority shall issue
a criminal citation to the individual offender and license holder where appropriate.
301.2000: Affirmative Defense: A license holder may reasonably and in good faith rely on
proof of age as described in Minnesota Statute § 340A.503, Subd. 6, in making
sales of alcohol-related products. In every appearance before the City Council for a
violation of the provisions of this Section relating to the sale or furnishing of alcohol-
related products to underage persons, the fact that the underage person involved
has obtained and presented to the license holder, its employee or agent, a form of
identification identified in Minnesota Statute. § 340A.503, Subd. 6 from which it
appears that said person was not an underage person and was regularly issued
such identification, shall be prima facie evidence that the license holder, its agent
or employee is not guilty of a civil violation of this Section and, when proven by a
preponderance of the evidence, shall be conclusive evidence that a violation, if one
has occurred, was not willful or intentional.
301.2100: Compliance Checks: All licensed premises shall be open to inspection by the
City police or other authorized City officials during regular business hours. From
time to time, but at least once per year, the City shall conduct compliance checks.
Such compliance checks may involve, but are not limited to, engaging minors to
enter the licensed premises to attempt to purchase alcohol-related products. If
minors are used for compliance checks, they shall not be guilty of unlawful
possession of alcohol-related products when such items are obtained as a part of a
compliance check. No minor used in compliance checks shall attempt to use a false
identification misrepresenting the minor’s age, and all minors lawfully engaged in a
compliance check shall answer all questions about the minor’s age asked by the
license holder or his or her employee and shall produce any identification for which
he or she is asked.
Business Regulations
City of Prior Lake
301/p22
301.2200: Severability: If any provision of this Section is for any reason held to be invalid,
such decision shall not affect the validity of the remaining provisions of this Section.
Ord. Amd. 115-21, publ. 08/22/2015)
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p1
SECTION 1101
GENERAL PROVISIONS
SUBSECTIONS
1101.100: Purpose and Intent
1101.200: Overview
1101.300: Rules of Construction
1101.400: Definitions
1101.500: General Provisions
1101.600: Districts Established
1101.700: Zoning Map
1101.800: Boundaries
1101.900: Uses Not Listed
1101.1000: Land Use Descriptions
1101.1100: Motorcycles
EXCERPT
1101.1000: LAND USE DESCRIPTIONS: The land use categories permitted by this Ordinance
are described in this Subsection. Subsection 1109.102 empowers the Zoning
Administrator to make interpretations identifying which land use category a proposed
land use fits within.
Brew pub. An establishment operating as a Brew Pub pursuant to City Code Section
301.
Brewer Taproom. An establishment operating as a Brewer Taproom pursuant to
City Code Section 301.
Cocktail Room. An establishment operating as a Cocktail Room pursuant to City
Code Section 301.
Exclusive Liquor Store. An establishment operating as an Exclusive Liquor Store
pursuant to City Code Section 301.
Microdistillery. An establishment operating as a Microdistillery pursuant to City
Code Section 301.
Restaurants. An establishment whose principal business is the sale of food and
beverages which are prepared and served in individual portions in a ready to
consume state for consumption on site. This use is often found in conjunction with
bars, hotels and food service. It is preferably located on major thoroughfares with no
access to residential streets. Characteristics include late hours of operation, refuse,
high car and truck traffic generation, and cooking odors. A food service or deli is not
considered to be a restaurant if seating is provided for ten or fewer persons.
Small Brewer. An establishment operating as a Small Brewer pursuant to City Code
Section 301.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p1
SECTION 1102
USE DISTRICT REGULATIONS
SUBSECTIONS
1102.100: Residential District Regulations
1102.200: "A" Agricultural Use District
1102.300: "R-S" Rural Subdivision Residential Use District
1102.400: "R-1" Low Density Residential Use District
1102.500: "R-2" Medium Density Residential Use District
1102.600: "R-3" High Density Residential Use District
1102.700: Residential Performance Standards
1102.800: “TC” Town Center Use District
1102.900: “TC-T” Transitional Town Center Use District
1102.1000 "C-1" Neighborhood Commercial Use District
1102.1100: "C-2" General Business Use District
1102.1200 “C-3” Business Park Use District
1102.1300: Commercial Restrictions and Performance Standards
1102.1400 “I-1” General Industrial Use District
1102.1500: Industrial Performance Standards
1102.1600: Expansion of a Nonconforming Restaurant Use
(Subsections 1102.100, 1102.200, 1102.300, 1102.400, 1102.500, 1102.600,
1102.700, 1102.803 - 1102.806, 1102.1002 - 1102.1005, 1102.1102 - 1102.1104,
1102.1200 - 1102.1202, 1102.1204 - 1102.1207, 1102.1300, 1102.1400 -
1102.1402, 1102.1404 - 1102.1405, 1102.1500 and 1102.1600
were removed for the purpose of this Zoning Ordinance review only)
1102.800: "TC" TOWN CENTER USE DISTRICT. The purpose of the "TC" Town Center
Use District is to provide for a variety of commercial and residential uses within the
framework of a traditional downtown area. The district also contemplates and
provides for pedestrian circulation, urban and civic design and the creative reuse
of existing buildings.
The TC Town Center District is designed to express the City’s commitment to
maintain and enhance the vitality of the Downtown area by establishing minimum
criteria for the development and redevelopment of commercial, residential and
public buildings while promoting amenities intended to attract business, residents
and visitors. Specific objectives include:
:
To improve the visual quality of Downtown.
To reinforce the physical character of Downtown by focusing on the
design context.
To expand the employment base and number of residents living
Downtown.
To preserve and reuse existing buildings and establish standards for the
construction of new ones.
To accommodate and promote commercial, residential, educational,
cultural and governmental uses within the Downtown.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p2
To establish clear development and redevelopment guidelines
1102.801 Permitted Uses. The following uses are permitted in the "TC" Town Center Use
District if the use complies with the Commercial Restrictions and Performance
Standards of Subsection 1102.1300.
(1) Medical/Dental Offices
(2) Retail. The following types of retail uses are considered appropriate for the
Downtown area:
Antique stores
Bakeries, delicatessens, bagel shops, ice cream shops and other
specialty food stores, not including drive-in or drive-through facilities.
Bicycle sales and repair
Bookstores
Camera stores
Clothing or shoe stores
Drugstores
Florists
Jewelry stores
News stands
Hardware stores
Liquor stores
Tobacco stores
Toy stores
Video sales and rental
Café or coffee shop
Copy Shop
(3) Showrooms for merchandise such as home furnishing, appliances, floor coverings
and similar large items, not including motor vehicles, with a maximum floor area of
10,000 square feet.
(4) Offices
(5) Services
(6) Libraries
(7) Police and Fire Stations
(8) Business Services
(9) Hotel/Motel
(10) Schools and Studios for arts, crafts, photography, music, dance, exercise or similar
courses of study.
(11) Museums/art galleries
(12) Clubs and lodges with and without liquor licenses.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p3
(13) Private Entertainment (indoor).
(14) Brew Pub
(15) Small Brewer
(16) Brewer Taproom
(17) Microdistillery
(18) Cocktail Room
(19) Exclusive Liquor Store
1102.802 Uses Permitted With Conditions. A structure or land in a "TC" Town Center Use
District may be used for one or more of the following uses if its use complies with
conditions stated in Subsection 1102.1300 and those specified for the use in this
subsection.
(1) Adult Day Care. Conditions:
a. The facility shall not be located fronting County Road 21.
(2) Dry Cleaning, Laundering with Route Pick-up and Delivery. Conditions:
a. The use shall not exceed 5,000 square feet in area.
b. Outside storage and parking of trucks involved in the operation of the
business is limited to trucks and vans with a manufacturer’s rated cargo
capacity of one (1) ton or less. All trucks in operation with the business must
be stored on-site (not in public parking areas).
c. Outside vehicle storage shall be screened from any "R" Use District by a
bufferyard, as determined by Subsection 1107.2003.
(3) Group Day Care/Nursery School. Conditions:
a. Outside play space must be provided consistent with the requirements of
State Statutes. The space shall be screened with a bufferyard Type C as
defined in Subsection 1107.2005.
b. An off-street pedestrian loading area shall be provided in order to maintain
vehicular and pedestrian safety.
c. Outdoor play areas shall be located a minimum of 200 feet from any roadway
designated to the Comprehensive Plan as a principal arterial.
d. The facility shall not be located fronting Main Avenue, Dakota Street or
County Road 21.
(4) Park/Open Space. Conditions:
a. The principal structure shall be located a minimum of 50 feet from a lot in an
"R" Use District.
b. Open areas designated for group activities shall be located a minimum of 25
feet from a lot in an "R" Use District.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p4
c. The entire site other than that taken up by structures, required buffer yards,
or other landscaped areas shall be surfaced with a material to control dust
and drainage.
(5) Public Service Structures. Conditions:
a. All exterior building faces shall comply with Subsection 1107.2200.
b. All structures shall be located a minimum of 10 feet from any abutting property
located in an "R" Use District.
c. All service drives shall be paved.
(6) Multiple Family Dwellings. Conditions:
a. Multiple family dwellings with their primary frontage on Main Avenue or
Dakota Street must be in combination with another permitted use, as
specified in Subsection 1102.804. Residential units shall not be located on
the ground level or street level of the development. This is in keeping with the
objective of promoting commercial pedestrian traffic on the primary
commercial streets.
b. Safe and adequate pedestrian access to open space, plazas and pedestrian
ways must be provided.
(7) Elderly Housing. Conditions:
a. The building design and placement must provide a residential environment
with minimum exposure to noise and traffic.
b. Safe and adequate pedestrian access to open space, plazas and pedestrian
ways must be provided.
c. Site access must be located so that access can be provided without
generating significant traffic on local residential streets.
d. The site must contain a minimum of 200 square feet of usable open space
per dwelling unit. Alternatively, public parks or plazas within 300 feet of the
site may be used to meet this requirement.
e. A minimum of 25% of the usable open space provided on the site shall be
developed as outdoor recreation or garden areas.
f. Each dwelling unit must be a minimum of 900 square feet of lot area.
g. The minimum spacing between buildings shall be at least equal to the
average heights of the buildings except where dwellings share common walls.
h. Buildings shall be located a minimum of 15 feet from the back of the curb line
of internal private roadways or parking lots.
i. Covenants running with the land that restrict the use of the property for
occupancy by the elderly shall be recorded against the property.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p5
j. The development shall provide a lounge or other inside community rooms
amounting to a minimum of 15 square feet for each unit.
(8) Community Centers. Conditions:
a. An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
b. Outdoor areas intended for group activities shall be located at least 25 feet
from any lot in a “R” Use District and shall be buffered from such residential
lot with a bufferyard Type C as defined in Subsection 1107.2005.
(9) Bed and Breakfast Establishments. Conditions:
a. The required parking shall be screened with a bufferyard as defined in
Subsection 1107.2000.
b. The total number of guests shall be limited to 6.
c. Not more than 50% of the gross floor area of the residence shall be used for
the guest room operation.
d. The only exterior alterations which will be permitted are those that do not alter
the exterior appearance from its single-family character.
e. Accommodations may be provided to a guest for a period not exceeding 14
consecutive days.
f. Food service shall be limited to breakfast and afternoon tea.
g. Rented rooms shall not contain cooking facilities.
h. Rooms used for sleeping shall be part of the primary residential structure and
shall not have been constructed specifically for rental purposes.
i. Parking shall not be located within the front yard. No more than 50% of the
rear yard may be paved or used for parking.
(10) Banks. Conditions:
a. The use shall not include any drive-through or drive-up windows or facilities.
(11) Wholesale sales, in combination with retail or office use. Conditions:
a. The use shall be limited to 50% of the floor area of the structure.
b. Total floor area of the structure shall not exceed 10,000 square feet.
(12) Restaurants With and Without Liquor Licenses. Conditions:
a. Access shall be located so as to minimize access to and fromon local
residential streets.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p6
b. Drive-through, drive-in and outdoor pick-up facilities are not permitted.
(13) Parking Lots and Parking Ramps. Conditions:
a. Location: If off-street parking is provided within the “TC” District either in a
parking lot or parking ramp, it shall be located to the side or rear of the
principal building, not between the building and the right-of-way.
b. Screening: Parking lots or ramps adjoining the sidewalk or a walkway shall
be separated by a landscaped yard at least 4 feet wide, containing a
decorative fence or wall between 2½ and 3 feet in height. One canopy tree
shall be provided for each 25 linear feet of parking lot frontage on a public
street or accessway.
c. Landscaping: The corners of parking lots or ramps and all other areas not
used for parking or vehicular circulation shall be landscaped with turf grass,
native grasses or other perennial flowering plants, vines, shrubs and trees.
Such spaces may include architectural features such as benches, kiosks or
bicycle parking.
The interior of parking lots containing 20 or more spaces shall contain
landscaped areas equal to at least 15% of the total parking lot area, including
a minimum of one deciduous shade tree per 10 parking spaces. Lawns or
landscaped areas within 10 feet of the perimeter of the parking lot may be
counted toward the required landscaping.
d. Parking lot design must be consistent with the criteria set forth in the “Prior
Lake Downtown Building Design Guidelines.”
1102.807 General Provisions for Design Standards and Review in the “TC” Town
Center District
(1) Purpose. The purpose of this Subsection is to provide guidance and direction in
the development and redevelopment of the Town Center District. The Town Center
District is the center for the role of Downtown as the community focus of
government, culture and social interaction. The guidelines below were developed
to:
Ensure that new development complements the established character
of the Downtown’s neighborhood
Enhance the traditional downtown/”main street” character
Improve the predictability of the review and approval process for
residents, developers and staff
Set standards for development and redevelopment that enhance and
maintain a traditional small downtown character.
Introduce sustainable and “green” building practices to provide
guidelines and criteria.
(2) Applicability. The design standards and the design review process apply to all
new construction; any renovation, expansion or other exterior changes to existing
non-residential and/or multi-family buildings, including re-painting; any
development or expansion of parking areas; and any other exterior alteration that
requires a building permit.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p7
The design standards shall apply only to the building or site elements being
developed or altered. That is, changes to a building shall comply with those
standards that pertain to buildings, while changes to a parking area shall comply
with standards for parking areas, but not for buildings. The Community
Development and Natural Resources Director will make the initial determination as
to which standards are applicable.
There are many ways to achieve the same design objective. The Community
Development and Natural Resources Director may permit alternative approaches
that, in its determination, meet the objective(s) of the design standard(s) equally
well.
1102.808 Design Review in the “TC” Town Center Use District
(1) Application for Design Review. An application for Design Review shall be on a
form provided by the City, and shall include the following information, in add ition
to any information required for site plan review under Subsection 1108.903.
Elevations. Complete exterior elevations of all proposed buildings and
existing buildings if they are joined to new development. Elevations
should be drawn at an appropriate scale (usually ¼”= 1’) and should
show (a) all signs to be mounted on the building(s) or erected on the site;
and (b) materials and colors to be used on all exterior facades.
Materials Sample. Material samples shall be presented, including color
and material type for walls and roof.
Color Samples. Samples of all principal and secondary colors to be used.
Context. Photographs of surrounding buildings on the same block or
street that show the proposed building or renovations in context.
(2) Administration and Review Procedures. The following design standards shall
supplement the standards and process outlined in Subsection 1108.900, Site Plan
Review. After receipt of a complete application, the Community Development &
Natural Resources Department will refer the application to City Departments and
to other parties having jurisdiction. The Community Development & Natural
Resources Department will then review the proposed development for compliance
with the guidelines in this Subsection and other applicable ordinances. Within 60
days of receipt of a complete application, the Planning Staff will take action to
approve or deny the application. The City may if necessary, upon appropriate
notice extend the 60 days by an additional 60 days. If a site plan review is needed,
the two processes will be conducted concurrently.
1102.1000: "C-1" NEIGHBORHOOD COMMERCIAL USE DISTRICT. The "C-1"
Neighborhood Commercial Use District permits low intensity, service-oriented
commercial uses that support the surrounding residential neighborhoods. Limits
will be placed on the type, size and intensity of commercial uses in this district to
insure and protect compatibility with adjacent residential areas.
1102.1001 Permitted Uses. The following uses are permitted in the "C-1" Neighborhood
Commercial Use District if the use complies with the Commercial restrictions and
Performance Standards of Subsection 1102.1300.
Libraries
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p8
Museums
Park/Open Space
Police/Fire Stations
Banks
Medical/Dental Office
Funeral Home
Office
Service
Retail
Exclusive Liquor Store
1102.1100: "C-2" GENERAL BUSINESS USE DISTRICT. The purpose of the "C-2" General
Business Use District is to allow the concentration of general commercial
development for the convenience of the public and for mutually beneficial
relationship of commercial development in those areas located away from
residential areas designated by the Comprehensive Plan; to provide space for
community facilities and institutions that appropriately may be located in
commercial areas; to provide adequate space to meet the needs of modern
commercial development, including off-street parking and truck loading areas; to
minimize traffic congestion; and to carefully regulate the intensity of commercial
development as it refers to both internal site factors and external impacts.
1102.1101 Permitted Uses. The following uses are permitted in the "C-2" General Business
Use District if the use complies with the Commercial Restrictions and Performance
Standards of Subsection 1102.1300.
Bank
Business Services
Business/Trade School
Copy Shop
Exclusive Liquor Store
Funeral Home
Library
Medical/Dental Office
Museum/Art Gallery
Office
Parks/Open Space
Police/Fire Station/Ambulance
Private Entertainment (Indoor)
Retail
Service
Showroom
Studio
1102.1103 Uses Permitted By Conditional Use Permit. The following uses shall not be
permitted in a "C-2" General Business Use District except by Conditional Use
Permit. These uses shall comply with the Commercial Performance Standards of
Subsection 1102.1300, the general conditions provided in Subsections 1108.202
through 1108.204, the specific conditions imposed in this Subsection and any other
conditions the Planning Commission or City Council in the case of an appeal, may
impose. (Ord. Amd. 111-02, publ. 02/12/11)
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p9
(1) Motor Fuel Station. Conditions:
a. All pump islands, air dispensers and other service devices shall be installed
at least 12 feet from any required yard line, and no display, servicing of
vehicles, or parking shall take place within the required yard. On sites where
pump islands have been constructed at the required yard line, a landscaped
area of at least 8 feet wide shall be installed in the required yard.
b. All on-site utility installations shall be placed underground.
c. Outside sale or display is permitted for gasoline, seasonal items, and other
goods consumed in the normal operation of a car, including but not limited to
oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and
batteries. No products shall be sold or displayed in any required yard, parking
area, or drive aisle.
d. Canopies and canopy support systems shall be designed and constructed of
materials which are compatible with the principal structure.
e. No public address system shall be audible from any property located in an
"R" Use District.
(2) Car Wash. Conditions:
a. No public address system shall be audible from any property located within
an "R" Use District.
b. Drainage and surfacing plans shall be approved by the City Engineer. The
plans shall describe the wash water disposal and sludge removal facilities for
on premises dust and salt and other chemical and mud abatement. Drainage
must be designed to prevent the accumulation of surface water, wash water
and sludge on the site or in the vicinity of the premises.
c. The ingress and egress points for an accessory car wash shall be approved
by the City Engineer. The exit door from the car wash shall be at least 45 feet
from the closest edge of the public right-of-way. Drainage shall be away from
the public street at egress points of the car wash to prevent spillage onto the
street. The grades of the interior floor shall be sloped away from the exit door,
and sloped to an acceptable interior drainage system. No water which is used
in the operation of the car wash shall be allowed on any public right-of-way.
d. An automatic car wash accessory to a motor fuel station or motor vehicle
service and repair facility shall provide stacking space for at least four cars.
Cars located in these stacking spaces should not block ingress or egress
driveways on the site or driveways providing access to gasoline pumps,
service bays or required off-street parking, except that vehicles in stacking
spaces may block access to parking stalls which are signed for employee
parking only.
e. Hours of operation shall be limited to 6:00am to 10:00pm, unless the service
doors to the facility remain closed at all times during the washing process.
(3) Motor Vehicle Sales. Conditions:
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p10
a. All vehicles stored on the premises shall be insured and operable.
b. All outdoor sales or rental lots shall be operated in conjunction with a building
or buildings containing the same or similar materials as displayed on the
outdoor sales or rental lot.
c. The building and the sales or rental lot shall be on one contiguous site.
d. All vehicles shall be located on hard surfaces at all times. The hard surfaces
shall meet all of the landscaping and design requirements of Subsection
1107.200.
e. String lighting is prohibited.
f. No outdoor public address system shall be audible from any parcel located in
an “R” Use District.
g. All customer and employee parking shall be clearly designated and signed.
h. No motor vehicle transport loading or unloading shall be permitted on any
minor residential street.
i. No display or storage of motor vehicles shall be permitted on any public right-
of-way.
j. The storage lot shall be located a minimum of 100 feet from all property lines
in an "R" Use District.
k. Test driving shall be in accordance with all applicable federal, state and local
laws and regulations.
(Ord. Amd. 113-08, publ. 07/13/13)
(4) Motor Vehicle Service and Repair. Conditions:
a. No public address system shall be audible from any property located in an
"R" Use District.
b. All repair, assembly, disassembly and maintenance of vehicles shall occur
inside a closed building except tire inflation, changing wipers, installation of
batteries or adding oil.
c. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be located in a manner so that access can be
provided without generating significant traffic on local residential streets.
d. The building housing the use shall be located a minimum of 100 feet from any
property line in an "R" Use District.
(5) Restaurants and Club/Lodge with Liquor. Conditions:
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p11
a. Access to the use shall be from a roadway identified in the Comprehensive Plan
as a collector street or located in a manner so that access can be provided without
generating significantly increased commercial traffic on local residential streets.
b. All customer entrances to the use shall be located a minimum of 100 feet from
any property line located in an “R” Use District. In the case of a multi-tenant
building, the entrance will be measured from the collective entrance. In the case
of an entrance with a vestibule, the most exterior customer entrance door will be
the point of measurement.
c. If the building housing the use is located less than 100 feet from any property line
in an R-1 Use District, the following additional conditions shall be met:
Liquor shall only be served from the hours of 87 am to 10 pm on Sunday
through Thursday and from 87 am to 11 pm on Friday, Saturday, and
holidays.
All customer entrances to the use shall be through a vestibule area with
an inside and outside door.
A bufferyard Type E shall be installed and maintained along the property
adjacent to the R-1 Zoning District. If the R-1 and C-2 uses are separated
by a major collector or arterial roadway, the bufferyard Type E is not
required. Additional screening material (example: additional quantity and
increased size of coniferous trees), berming, and a solid fence or wall may
be required where additional screening is found necessary as part of the
Conditional Use Permit.
No outdoor amplified music, public address system, or outdoor special
event is permitted.
(Ord. Amd. 111-02, publ. 02/12/11)
(6) Shopping Center Over 150,000 Square Feet of Gross Floor Area. Conditions:
a. The shopping center must conform to all of the conditions for shopping
centers less than 150,000 square feet gross floor area.
(Ord. Amd. 109-08, publ. 06/06/09)
b. In-vehicle sales or service use must comply with the following conditions:
Drive-through facilities and stacking areas shall not be located adjacent
to any "R" Use District.
A bufferyard, Type B as defined in Subsection 1107.2005, shall be
provided between drive-through facilities/stacking areas and adjacent
streets and properties.
Stacking shall be provided for a minimum of 4 cars per customer service
point.
Stacking shall be prohibited on public streets, in fire lanes, and in areas
that interfere with on-site vehicular and pedestrian circulation.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p12
c. Outdoor sales/display, other than permitted in Subsection 1101.510(3), shall
only be permitted when it can be demonstrated that such use can be
aesthetically integrated into the site design and complies with the conditions
set forth in Section (a) above and the following additional conditions:
The size of the outdoor sales/display area(s) may be no greater than 30%
of the ground floor building area of the associated principal uses(s) and
may be further restricted as deemed appropriate to the scale of the
Shopping Center and associated indoor uses.
A masonry wall shall be required around the entire outdoor sales/display
area and shall utilize the same exterior materials as the principal building;
landscaping may also be required to supplement the appearance of the
wall and diminish views of the area from surrounding properties.
No outdoor sales/display items other than plant materials may extend
above the height of the wall.
Any temporary or permanent buildings associated with the outdoor
sales/display area must be architecturally integrated with the principal
building(s) and approved as part of the Conditional Use Permit.
d. All stores that provide shopping carts must include interior and exterior cart
storage areas; areas within parking lots for the temporary storage of shopping
carts must be separated from parking spaces by curbed, landscaped islands
and shall not include metal "cart corrals". Other outdoor shopping cart storage
areas must be screened utilizing architectural screening of the same exterior
materials as the principal building.
e. Shopping centers may reserve at least 10% of required parking spaces as
landscaped open space for a minimum of two years after issuance of the
Certificate of Occupancy. At any time during the first two years or thereafter,
such open space shall be converted to parking if the Zoning Administrator
finds that such parking is necessary based upon evidence of overflow parking
on public streets, on neighboring off-site properties, in fire lanes, or in other
on-site areas that are not striped for parking. This requirement may be
waived by the Planning Commission if open space in excess of the minimum
requirements is provided in other areas of the site. After 2 years, the open
space may be converted to parking if deemed necessary by the property
owner(s).
f. Cumulative parking requirements may be reduced by up to 30% of required
spaces at the sole discretion of the Planning Commission if one or more of
the following are provided:
Proof of parking areas in excess of minimum required to be set aside as
open space;
A written agreement to construct parking ramps or other means of
satisfying parking requirements, when and if warranted as determined by
the Zoning Administrator, based upon evidence of overflow parking on
public streets, on neighboring off-site properties, in fire lanes, or in other
on-site areas that are not striped for parking;
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p13
Joint parking/shared parking arrangements between uses;
Off-site employee parking, employee car/van pooling, and/or provision of
employee transit passes;
Superior transit, pedestrian, and/or bicycle access and bicycle parking.
g. All trash handling and loading areas must be interior or utilize architectural
screening consisting of the same exterior facing materials as the principal
building.
h. Truck circulation and loading areas must be separated from streets and
properties adjoining the site by a bufferyard. Single use buildings over 10,000
square feet and multiple use buildings over 15,000 square feet that are
constructed after adoption of this Ordinance must utilize a landscaped
bufferyard that is a minimum of 40 feet in width in order to satisfy this
requirement. Such bufferyard must include a minimum 5 feet tall berm along
its entire length, a double row of evergreen trees that are each a minimum of
8 feet tall at planting and spaced no more than 25 feet apart, and deciduous
trees interspersed with the evergreen plantings.
i. Shopping centers must visually integrate all buildings by utilizing some of the
same exterior materials and architectural elements such as roof pitch and
window treatments.
j. Buildings and additions to existing buildings may not exceed the unbroken
building wall length to height ratio of 3:1; if the 3:1 ratio is used, each building
wall deviation must be a minimum depth of 2 feet; if a 2:1 building wall length
to height ratio is used, the depth of each building wall deviation may be
reduced to 1 foot.
k. Buildings and additions to existing buildings must utilize parapet walls to
completely screen rooftop equipment from ground level view.
l. Shopping centers must include sidewalks along all public street right-of-ways
and on-site pedestrian connections that are separated from parking areas by
curbed, landscaped islands which have a minimum width of 20 feet inclusive
of sidewalk.
m. Shopping centers must provide either outdoor or indoor public plaza(s).
Public plazas must have a minimum size of 10% of the total ground floor
building area of the shopping center (including outdoor sales building area)
and shall contain landscaping, walkways, benches, and a feature element
such as a fountain or clock tower. Interior mall "food courts" are not included
in public plaza areas. Outdoor public plazas shall be designed to break up
large areas of parking and shall be accessible via landscaped pedestrian
islands described in condition (l) above.
n. The minimum lot area for shopping centers constructed under this Section is
7 acres.
(7) Convention and Exhibition Center. Conditions:
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p14
a. All buildings, structures, and truck maneuvering areas shall be located a
minimum of 100 feet from any property lines in an "R" Use District.
b. All loading shall be done within a structure or in an area screened from view
with a wall of the same material as the building. Truck maneuvering areas
shall be completely screened as required by Subsection 1107.309 (6).
(8) Outdoor Sales. Conditions:
a. No public address system shall be audible from any property located in an
"R" Use District.
b. The site shall be kept neat and orderly.
c. The use shall not be permitted within any required yard, bufferyard or
landscaped area.
d. This use shall be located a minimum of 100 feet from any property line located
in an "R" Use District.
e. The operator of the use shall not sell or trade exclusively in used
merchandise, but shall have at least 1/3 of its stock on the site as new, unused
merchandise.
f. All outdoor sales or rental lots shall be operated in conjunction with a business
operated in a building or buildings in which the same or similar materials are
displayed and offered for sale as those displayed on the outdoor sales or
rental lot.
g. The entire site, other than that used or required to be used for building, yard,
bufferyard, or landscaping shall be surfaced in blacktop or paving.
h. String lighting is prohibited.
i. The area of outdoor sales or rental lots used for storage and display of
merchandise shall not exceed 2 square feet for every 1 square foot of building
gross square footage on the site devoted to the same or similar use or
accessory use.
j. A bufferyard Type B, as defined in Subsection 1107.2005, shall be installed
and maintained along all public right-of-ways.
(9) Marina, Commercial. Conditions:
a. A bufferyard Type C, as defined in Subsection 1107.2005, shall be
constructed along the property line where it abuts property used for residential
purposes or where it abuts any "R" Use District.
b. Lake Service Signs, as regulated by Subsection 1107.811, are permitted.
c. Lighting shall be provided for safety and security only, and shall not be
directed at the lake or at adjacent properties. Lights for parking lots, building
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p15
and dock identification may have no more than 0.5 foot candles at the
property line or at the edge of the dock structure furthest from the shore.
d. Boat tours are permitted between the hours of 8:00 am. and 10:00 pm.
e. One parking space for each 4 boat slips must be provided. If tour boats are
based at the marina, an additional 1 parking space for each 4 seats on the
boat is required.
f. Retail sales are limited to motors, parts, bait, equipment, gas and oil, and
accessories. On-site preparation and sale of food and beverages is allowed,
subject to the other provisions of the Zoning Ordinance, including, but not
limited to, parking, lighting, signage hours of operation.
g. Rental of boats and boat and motor repair may be permitted as an accessory
use to the marina, provided the space devoted to this accessory use is limited
to 50% of the floor area of the principal use.
(10) Marina, Recreational. Conditions:
a. A bufferyard Type C, as defined in Subsection 1107.2005, shall be
constructed along the property line where it abuts property used for residential
purposes or where it abuts any "R" Use District.
b. Lake Service Signs, as regulated by Subsection 1107.811, are permitted.
c. Lighting shall be provided for safety and security only, and shall not be
directed at the lake or at adjacent properties. Lights for parking lots, building
and dock identification may have no more than 0.5 foot candles at the
property line or at the edge of the dock structure furthest from the shore.
d. One parking space for each 4 boat slips must be provided.
(11) Animal Handling. Conditions:
a. Animal runs and exercise areas shall be located at least 200 feet from any
dwellings and 100 feet from any buildings used by the public.
b. No animals shall be kept outside the building or located in a manner or
location which causes offensive odors discernible at the property line of the
lot on which the activity is conducted.
c. All principal use activities, including animal boarding, shall be conducted
within a totally enclosed building.
d. All outdoor animal runs or exercise areas shall be fenced and secured at
all times so that no animal contained therein may escape such enclosure.
e. All buildings in which animals are kept or boarded shall be located a minimum
of 100 feet from any property line in an "R" Use District.
(12) Adult Uses. (Conditions listed in Section 1111).
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p16
(13) Alternative School. Conditions:
a. A student transportation and parking plan shall be submitted demonstrating
that parking needs will be met for all tenant space.
b. An adult over the age of 21 shall be on the premises during hours of
operation in a supervisory capacity.
c. A pedestrian plan shall be provided in order to maintain vehicular and
pedestrian safety.
d. Outdoor areas intended for group activities shall be located at least 25 feet
from any property line in an “R” Use District and shall be buffered from such
residential lot with a bufferyard, Type C, as described in Subsection
1107.2005.
e. The Owner shall file with the Scott County Assessor a valid and legally
binding waiver of the right to file for, receive or otherwise qualify the
property for tax exempt status under Minn. Stat. Chapter 272 and shall
request that the property remain classified for real estate tax purposes as
a commercial property. If such waiver and request is ineffective or not
accepted by Scott County, Owner hereby agrees to make a payment to
Scott County in an amount equal to the taxes that would have been levied
against the property as a commercial property but for the exemption from
taxation under Minn. Stat. Chapter 272.
(Ord. Amend. 114-07, publ. 04/26/14)
(14) Community Center. Conditions:
a. An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
b. Outdoor areas intended for group activities shall be located at least 25 feet
from any property line in an “R” Use District and shall be buffered from such
residential lot with a bufferyard Type C as defined in Subsection 1107.2005.
(15) Brew Pub, Small Brewer, Brewer Taproom, Microdistillery, Cocktail Room.
Conditions:
a. Access to the use shall be from a roadway identified in the Comprehensive Plan
as a collector street or located in a manner so that access can be provided without
generating significantly increased commercial traffic on local residential streets.
b. All customer entrances to the use shall be located a minimum of 100 feet from
any property line located in an “R” Use District. In the case of a multi-tenant
building, the entrance will be measured from the collective entrance. In the case
of an entrance with a vestibule, the most exterior customer entrance door will be
the point of measurement.
c. If the building housing the use is located less than 100 feet from any property line
in an R-1 Use District, the following additional conditions shall be met:
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p17
Liquor shall only be served from the hours of 8 am to 10 pm on Sunday
through Thursday and from 8 am to 11 pm on Friday, Saturday, and
holidays.
All customer entrances to the use shall be through a vestibule area with
an inside and outside door.
A bufferyard Type E shall be installed and maintained along the property
adjacent to the R-1 Zoning District. If the R-1 and C-2 uses are separated
by a major collector or arterial roadway, the bufferyard Type E is not
required. Additional screening material (example: additional quantity and
increased size of coniferous trees), berming, and a solid fence or wall may
be required where additional screening is found necessary as part of the
Conditional Use Permit.
No outdoor amplified music, public address system, or outdoor special
event is permitted.
1102.1203 Uses Permitted With Conditional Use Permit. No structure or land in a "C-3"
Business Park Use District shall be used for the following uses except by
Conditional Use Permit. These uses shall comply with the Design Standards in
Subsection 1102.1207, the requirements of all the general conditions provided in
Subsection 1108.202 through 1108.204, with the specific conditions imposed in
this Subsection, and with any other conditions the Planning Commission may
impose that are intended to promote the health, safety, and welfare of the residents
within the City to maintain the characteristics of a neighborhood.
(1) Outdoor Storage, Class II. Conditions:
a. Outdoor storage areas shall be screened from view of all adjacent property
and public streets. Outdoor storage areas shall be screened by a 100%
solid fence or wall of at least 6 feet in height. Privacy slats, wind screening
or other fence inserts, commonly used with chain link fencing, shall not be
used to achieve this screening requirement.
b. All outdoor storage areas adjacent to an “R” Use District shall meet the
required structure setback as defined in Subsection 1102.1206; in all other
instances outdoor storage shall meet the required parking setback.
c. A bufferyard, as determined by Subsection 1107.2003, shall be provided
along all property located within an “R” Use District.
(2) Animal Handling. Conditions:
a. All animals shall be boarded within the principal structure.
(3) Heliport. Conditions:
a. All heliports and helicopter flyways shall conform to all applicable Federal
Statues and Federal Aviation Administration regulations.
b. All helicopter pads shall be located at least 300 feet from any lot in an "R" Use
District.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p18
c. Hours of Operation shall be limited to 7:00 a.m. to 9:00 p.m., excluding
emergency operations.
d. All repair, assembly, disassembly and maintenance shall be inside a closed
building.
e. The landing pad shall be dust free.
f. The Use shall be permitted only as an accessory use to another principal use
and shall not occupy more than 25% of the total site area of the development.
(4) Gun Range, Indoor
a. Indoor Gun Ranges must be designed so projectiles cannot penetrate the
walls, floor or ceiling and ricochets or back splatter cannot harm range users.
b. No light, sound or vibration originating from the structure shall be discernible
at any abutting property line.
(5) Auto Body/Painting.
a. No sales, storage or display of used automobiles shall be permitted.
b. No inoperable vehicles shall be stored outside the primary structure.
c. All auto body repair and painting must be conducted within the primary
structure.
d. All design guidelines must be maintained as determined by Subsection
1107.1407.
e. No outdoor storage will be permitted.
f. All necessary governmental permits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
(6) Motor Vehicle Service and Repair.
a. No sound generated on the site by any means including a public address
system shall be audible from any “R” Use District.
b. All repair, assembly, disassembly and maintenance of vehicles must be
conducted within the primary structure.
c. No test driving shall be permitted on any streets in the “R” Use District.
d. No automatic car washes shall be permitted for public use.
e. No outdoor storage will be permitted.
f. No sales storage or display of used automobiles shall be permitted.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p19
g. No inoperable vehicles shall be stored outside the primary structure.
h. All necessary governmental permits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
(7) Self-Service Storage Facility. Conditions:
a. No compartment doors shall be allowed on building façade which faces an “R”
Use District unless a berm is placed to screen the compartment doors.
b. No areas on site shall be utilized as residential living units.
c. A minimum 6 foot fence, wall, or berm shall surround the storage facility
area. Screening shall be 100% opacity in the form of a fence, wall, or berm
along any “R” Use District. No fencing shall be constructed of chain link or
barbed wire on the property. Privacy slats, wind screening or other fence
inserts, commonly used with chain link fencing, shall not be used to achieve
this screening requirement.
d. Trash, dock areas, a mechanical equipment shall be screened in accordance
with Section 1107.1900
e. No outdoor storage is permitted on site, including but not limited to vehicles,
recreational vehicles, portable storage units, and construction materials.
f. No storage of hazardous, explosive, or flammable materials in violation of the
MN State Fire Code.
g. No servicing of motor vehicles, boats, lawn mowers, or similar equipment is
permitted on site.
h. No activity which uses amplified music, nor wholesale or retail sales, or garage
sales are permitted.
i. Exterior materials shall be in accordance with Section 1107.2200 with the
following exceptions: (a) each building face visible from off-site that includes
storage access doors shall be required to have at least 25% of the façade
square footage which does not consist of doorways be constructed with Class
I material; and (b) each building wall visible from off-site shall have a wall
deviation at least every 40 feet that is a minimum depth of 2 feet.
j. Landscaping shall be in accordance with Section 1107.1900.
k. The site shall be maintained free of litter, odors, pests, and shall be cleaned of
loose debris in accordance with the Property Maintenance Ordinance.
(Ord. Amd. 115-02, publ. 01/17/15)
(8) Small Brewer, Brewer Taproom, Microdistillery, Cocktail Room. Conditions:
a. Access to the use shall be from a roadway identified in the Comprehensive Plan
as a collector street or located in a manner so that access can be provided without
generating significantly increased commercial traffic on local residential streets.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p20
b. All customer entrances to the use shall be located a minimum of 100 feet from
any property line located in an “R” Use District. In the case of a multi-tenant
building, the entrance will be measured from the collective entrance. In the case
of an entrance with a vestibule, the most exterior customer entrance door will be
the point of measurement.
c. If the building housing the use is located less than 100 feet from any property line
in an R-1 Use District, the following additional conditions shall be met:
Liquor shall only be served from the hours of 8 am to 10 pm on Sunday
through Thursday and from 8 am to 11 pm on Friday, Saturday, and
holidays.
All customer entrances to the use shall be through a vestibule area with
an inside and outside door.
A bufferyard Type E shall be installed and maintained along the property
adjacent to the R-1 Zoning District. If the R-1 and C-3 uses are separated
by a major collector or arterial roadway, the bufferyard Type E is not
required. Additional screening material (example: additional quantity and
increased size of coniferous trees), berming, and a solid fence or wall may
be required where additional screening is found necessary as part of the
Conditional Use Permit.
No outdoor amplified music, public address system, or outdoor special
event is permitted.
1102.1403 Uses Permitted With Conditional Use Permit. No structure or land in the "I-1"
General Industrial Use District shall be used for the following uses except by
Conditional Use Permit. These uses shall comply with the requirements of all the
general conditions provided in Subsections 1108.202 through 1108.204, with the
Industrial Performance Standards in Subsection 1102.1500, with the General
Performance Standards in Section 1107, with the specific conditions imposed in
this subsection, and with any other conditions the Planning Commission may
impose that are intended to promote the health, safety, and welfare of the residents
within the City to maintain the characteristics of a neighborhood.
(1) Heliport. In addition to the findings required under Section 1108.202, the Planning
Commission shall attach such conditions to the issuance of the conditional use
permits as it deems necessary to fulfill the purposes of Section 1108. Such
conditions include, but are not limited to, the following:
a. All heliports shall conform to all applicable Federal Aviation Administration
regulations.
b. Hours of operation shall be limited to 7:00 am to 9:00 pm, seven days per
week, excluding emergency operations.
c. The helicopter pad shall not be located within 300 feet of any property line of
any "R" Use District.
d. The landing pad shall be dust free.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p21
a. The use shall be permitted only as an accessory use to another principal use
and shall not occupy more than 25% of the total site area of the development.
(2) Light Processing Recycling Center. In addition to the findings required under
Section 1108.202, the Planning Commission shall attach such conditions to the
issuance of the conditional use permits as it deems necessary to fulfill the
purposes of Section 1108. Such conditions include, but are not limited to, the
following:
a. Such facilities must meet Minnesota Pollution Control Agency (MPCA)
requirements and other applicable Federal, State or County requirements for
recycling facilities.
b. The site shall not abut a property that is currently used residentially or zoned
for residential use, or designated in the Comprehensive Plan for residential
use.
c. Storage of recyclable materials outside a principal building or enclosed
containers is not permitted. Outdoor storage of containers for recyclable
materials is subject to the screening requirements of Subsection 1107.1900.
(3) Designated Recycling Center. In addition to the findings required under Section
1108.202, the Planning Commission shall attach such conditions to the issuance
of the conditional use permits as it deems necessary to fulfill the purposes of
Section 1108. Such conditions include, but are not limited to, the following:
a. Such facilities must meet Minnesota Pollution Control Agency (MPCA)
requirements and other applicable Federal, State or County requirements for
recycling facilities.
b. The site shall not abut a property used or zoned for residential use, or
designated in the Comprehensive Plan for residential use.
a. Storage of recyclable materials outside a principal building or enclosed
containers is not permitted. Outdoor storage of containers for recyclable
materials is subject to the screening requirements of Subsection 1107.1900.
(4) Recreational Dome. In addition to the findings required under Section 1108.202,
the Planning Commission shall attach such conditions to the issuance of the
conditional use permits as it deems necessary to fulfill the purposes of Section
1108. Such conditions include, but are not limited to, the following:
a. No outdoor storage of any kind is permitted on the site.
b. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5
a.m. to 11 p.m. on weekends.
c. All structures shall be located a minimum of 60 feet from any adjacent lot line
in an “R” use district, and the setback shall be increased by an additional foot
for each foot in height that the structure exceeds 60 feet.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p22
d. The structure shall be of a color that provides for maximum integration within
its surroundings.
e. The dome structure shall be fully insulated.
(5) Car Wash. In addition to the findings required under Section 1108.202, the
Planning Commission shall attach such conditions to the issuance of the
conditional use permits as it deems necessary to fulfill the purposes of Section
1108. Such conditions include, but are not limited to, the following:
a. Drainage and surfacing plans shall be approved by the City Engineer. The
plans shall describe the wash water disposal and sludge removal facilities for
on-premise dust, salt and other chemical and mud abatement. Drainage
must be designed to prevent the accumulation of surface water, wash water
or sludge on the site or in the vicinity of the premises.
b. The ingress or egress points for an accessory car wash shall be approved by
the City Engineer. The exit door from the car wash shall be at least 45 feet
from the public right-of-way. Drainage shall be away from the public street at
egress points of the car wash to prevent spillage onto the street. The grades
of the interior floor shall be sloped away from the exit door, and sloped to an
accepted interior drainage system. No water which is used in the operation
of the car wash shall be allowed on any public right-of-way.
c. An automatic car wash accessory to a motor fuel station or motor vehicle
service and repair facility shall provide stacking space for at least four cars.
Cars located in these stacking spaces should not block ingress and egress
driveways on the site or driveways providing access to gasoline pumps,
service bays or required off-street parking, except that vehicles in stacking
spaces may block access to parking stalls which are signed for employee
parking only.
(6) Adult Uses. (Conditions listed in Section 1111).
(7) Antennas & Communications Towers. In addition to the findings required under
Section 1108.202, the Planning Commission shall attach such conditions to the
issuance of the conditional use permits as it deems necessary to fulfill the
purposes of Section 1108. Such conditions include, but are not limited to, the
following:
a. All structures shall be located a minimum of 100 feet from any property line
of property in any “R” use district.
b. All structures shall be located a minimum of 60 feet from any adjacent lot line.
c. No light, sound or vibration originating from the structure shall be discernible
at the property line of any adjacent lot line in an “R” use district.
(8) Gun Range, Indoor. In addition to the findings required under Section 1108.202,
the Planning Commission shall attach such conditions to the issuance of the
conditional use permits as it deems necessary to fulfill the purposes of Section
1108. Such conditions include, but are not limited to, the following:
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p23
c. Indoor Gun Ranges must be designed so projectiles cannot penetrate the
walls, floor or ceiling and ricochets or back splatter cannot harm range users.
d. No light, sound or vibration originating from the structure shall be discernible
at any property line of property in an “R” use district.
(9) Nurseries & Greenhouses. In addition to the findings required under Section
1108.202, the Planning Commission shall attach such conditions to the issuance
of the conditional use permits as it deems necessary to fulfill the purposes of
Section 1108. Such conditions include, but are not limited to, the following:
a. All accessory plantings and gardens adjacent to an “R” Use District shall meet
the required building setback as defined in Subsection 1102.1405; in all other
instances, accessory plantings and gardens shall meet the required parking
setback.
(10) Wind Generators. In addition to the findings required under Section 1108.202,
the Planning Commission shall attach such conditions to the issuance of the
conditional use permits as it deems necessary to fulfill the purposes of Section
1108. Such conditions include, but are not limited to, the following:
a. All structures shall be located a minimum of 300 feet from any property line
of any “R” use district.
b. All structures shall be located a minimum of 100 feet from any property line
in all districts other than an “R” use district.
c. No light, sound or vibration originating from the structure shall be discernible
at the property line of any property in an “R” use district.
(11) Pole Buildings. In addition to the findings required under Section 1108.202, the
Planning Commission shall attach such conditions to the issuance of the
conditional use permits as it deems necessary to fulfill the purposes of Section
1108. Such conditions include, but are not limited to, the following:
a. The pole building will not alter the essential character of the neighborhood or
district.
b. At least sixty (60) percent of the use of the pole building will be designed for
large space uses, including, but not limited to warehouse, large vehicle or
equipment repair and building materials.
c. The pole building will be designed to be durable for industrial uses.
d. Pole buildings are not eligible to receive City public financing assistance
related to economic development.
(Ord. Amd. 115-18, publ. 07/04/2015)
(12) Outdoor Storage, Class II. Conditions:
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p24
a. Outdoor storage areas shall be fully screened from view of all adjacent
property and public streets. Outdoor storage areas shall be screened by a
minimum 98% opacity fence or wall of at least 6 feet in height.
b. All outdoor storage areas adjacent to an “R” Use District shall meet the
required structure setback as defined in Subsection 1102.1405; in all other
instances outdoor storage shall meet the required parking setback.
c. Stored materials shall not interfere with either on-site or off-site traffic visibility.
d. Storage of inoperative vehicles or equipment or other items typically stored in
a junkyard or salvage yard shall not be permitted.
e. All storage areas shall be paved, and a drainage plan for the site shall be
approved by the City Engineer; exceptions may be granted in the CUP for
situations that may not warrant paving or may allow an equivalent surface
material based on conditions such as distance of the storage area from a
public street or the use of the storage area.
(Ord. Amd. 115-20, publ. 8/1/2015)
(13) Small Brewer, Brewer Taproom, Microdistillery, Cocktail Room. Conditions:
d. Access to the use shall be from a roadway identified in the Comprehensive Plan
as a collector street or located in a manner so that access can be provided without
generating significantly increased commercial traffic on local residential streets.
e. All customer entrances to the use shall be located a minimum of 100 feet from
any property line located in an “R” Use District. In the case of a multi-tenant
building, the entrance will be measured from the collective entrance. In the case
of an entrance with a vestibule, the most exterior customer entrance door will be
the point of measurement.
f. If the building housing the use is located less than 100 feet from any property line
in an R-1 Use District, the following additional conditions shall be met:
Liquor shall only be served from the hours of 8 am to 10 pm on Sunday
through Thursday and from 8 am to 11 pm on Friday, Saturday, and
holidays.
All customer entrances to the use shall be through a vestibule area with
an inside and outside door.
A bufferyard Type E shall be installed and maintained along the property
adjacent to the R-1 Zoning District. If the R-1 and I-1 uses are separated
by a major collector or arterial roadway, the bufferyard Type E is not
required. Additional screening material (example: additional quantity and
increased size of coniferous trees), berming, and a solid fence or wall may
be required where additional screening is found necessary as part of the
Conditional Use Permit.
No outdoor amplified music, public address system, or outdoor special
event is permitted.