HomeMy WebLinkAbout116-12 Small Brewer
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 116-12
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
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(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.
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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:
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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
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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.
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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.
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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
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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
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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
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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.
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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.
Affidavit of Publication
Southwest Newspapers
SUMMARY ORDINANCE State of Minnesota)
NO.116-12
AN ORDINANCE AMENDING )SS.
CITY CODE SECTIONS 301 count of Scott
LIQUOR CONTROL,1101 y )
GENERAL PROVISIONS
AND 1102 USE DISTRICT
REGULATIONS RELATING
TO BREW PUBS,SMALL Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
BREWERS,TAPROOMS, agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
MICRODISTILLERIES AND
COCKTAIL ROOMS AND dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as
ADOPTING BY REFERENCE follows:
CITY CODE SECTION 104,
WHICH AMONG OTHER (A)These newspapers have complied with the requirements constituting qualification as a legal
THINGS CONTAINS newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
PENALTY PROVISIONS amended.
The 'following is only a
summary of Ordinance No. 116 -11 ) 0
12. The full text will available for (B)The printed public notice that is attached to this Affidavit and identified as No.
public inspection after May 23, was published on the date or dates and in the newspaper stated in the attached Notice and said
2016 by any person during regular Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
office hours at City Hall or in the the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
Document Center on the City of inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
Prior Lake Website. and publication of the Notice:
SUMMARY: The Ordinance
deletes 'Section 301 Liquor abcdefghijklmnopqrstuvWXYZ
Control of the Prior Lake City
Code in its entirety and replaces
with an amended Section 301
Liquor Control which addresses y;
Brew Pubs, Small'Brewers, Laurie A.Hartmann
Taprooms,Microdistilleries'and'
Cocktail Rooms,updates hours
and procedures and revises'
definitions; identifies additional' Subscribed and sworn before me on
land use descriptions'in Section
1101 General Provisions related
to Brew Pubs, Small Brewers,
Taprooms,Microdistilleries and 00�
Cocktail Roo Ims; and identifies' this �� day of d ,2016
which Zoning Use Districts these4
land uses will be allowed as a'
Permitted Use or Use Permitted �� f1 i x� �� �
by(Conditional Use Permit in
� ���" 1� W(lTM�MUC-,'A'NNESOTA
Section 1102.
This ordinance shall become' 1 ICY C ;;Pa91 SIOJ 'iRES 01/31 f'8
effective from and after its Not P b is ^- � =�=
passage and publication. %
Passed by the City Council of
the City of Prior Lake this 23rd
Day of May,20 .
ATTEST:
Frank Boyles,City Manager'
Kenneth L.Hedberg,Mayor RATE INFORMATION
(Published in the Prior Lake
American on Saturday, June 4 Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
2016:No.7710) - Maximum rate allowed by law for the above matter.................................$31.20 per column inch
Rate actually charged for the above matter.............................................. $12.59 per column inch