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Home My WebLink About5F Liquor Updates Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 4, 2018 AGENDA #: 5F PREPARED BY: PRESENTED BY: SARAH SCHWARZHOFF, CITY ATTORNEY SARAH SCHWARZHOFF, CITY ATTORNEY AGENDA ITEM: CONSIDER ADOPTION OF AN ORDINANCE RELATING TO LIQUOR ON CITY PROPERTY GOAL AREA AND OBJECTIVE: Public Safety 1. Ensure a safe and quality built environment. DISCUSSION: The recreation department has been reviewing and updating its policies for consistency with current practice relating to liquor on City property. The primary revisions are as follows: Liquor at Club Prior and City Hall: The City allows liquor consumption at Club Prior and City Hall only in conjunc- tion with a City sponsored event. Sale is permitted only in conjunction with a City sponsored event and with approval of the City Manager. Liquor in Parks: The City allows liquor consumption in City parks and park shelters if the liquor is beer, cider or wine and is in cans or plastic bottles or cups. No hard liquor is allowed. No glass is allowed. Sale of liquor is permitted only with a valid liquor license and approval from the City Manager. No alcohol is permitted at Thomas Ryan Memorial Park or Jeffers Pond Elementary School Park. In making these updates, staff has noted several code revisions that are need- ed. Therefore, staff is requesting approval of the attached ordinance which up- dates City Code Section 301relating to liquor licenses and Section 702 relating to City Parks for consistency with the policy changes described above. ISSUES: These code revisions will bring the official documents in line with current practice ALTERNATIVES: 1. Motion and a second to adopt an ordinance relating to liquor on City prop- erty as part of the concent agenda. 2. Motion and a second to remove from the consent agenda for additional dis- cussion. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. _________ AN ORDINANCE AMENDING SECTIONS 301 AND 702 OF THE PRIOR LAKE CITY CODE RELATING TO LIQUOR ON CITY PROPERTY 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: Section 1. City Code Subsection 301.1902 provision (5) is amended by inserting the words “or Policy” after the words “City Code” at the end of the first sentence. Section 2. City Code Subsection 702.1002 is amended by deleting the 4th and 5th bullets relating to kegs and liquor other than beer. Section 3. City Code Subsection 702.1200 provision (1) is amended by deleting the phrase “except beer in cans, without first having obtained a permit from the City” and replacing it with the phrase “except beer, cider or wine in cans, plastic bottles, or plastic cups.” Section 4. City Code Subsection 702.1200 provision (4) is amended by deleting the phrase “a permit for such use from the City” at the end of the first sentence and replacing it with the phrase “written approval from the City Manager.” Section 5. City Code Subsection 702.1200 provision (4) is amended by deleting the final four sentences relating to a permit. Section 6. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though repeated verbatim herein. Section 7. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of September, 2018. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Published in the Prior Lake American on the 15th day of September, 2018. Liquor License: 301.1902 (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 or Policy. 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. Parks: 702.1002 Permits Required. A permit shall be obtained from the City before participating in any of the following activities in a City park: ➢ Carnivals, Community Celebrations, public meetings, assemblies, entertainments, parades or demonstrations regardless of the number. ➢ Gathering of 25 or more park visitors, including picnics or political gatherings. ➢ Contests and Exhibitions, including among other things those requesting exclusive use or charging admission, regardless of the number. ➢ Bringing kegs or barrels of intoxicating liquors, malt liquors or wine into a park. ➢ Bringing intoxicating liquor other than beer into a park. ➢ Using or Being in a park during closed hours. (amd. Ord. 99-09-pub. 8/7/99). ➢ Mooring a boat in a City-owned slip after park hours. (amd. Ord. 107-08, pub. 4/21/07). 702.1200 USE OF ALCOHOL WITHIN A PARK FACILITY: Intoxicating liquors and nonintoxicating malt liquor may only be consumed and displayed in a park, subject to the following provisions: (1) Intoxicating Liquors. No park visitor shall have in their possession or bring into a park any intoxicating liquor, except beer, cider or wine in cans, plastic bottles or plastic cups, without first having obtained a permit from the City. (amd. Ord. 105-09 – pub 4/23/05) (2) Roadways and Parking Lots. No park visitor shall display or consume intoxicating liquors or nonintoxicating malt liquor on or within thirty (30) feet of any roadway or parking lot within a park. (3) Prohibited Areas. No park visitor shall possess, display or consume intoxicating liquors or nonintoxicating malt liquor within areas the City has designated that such possession, display or consumption is prohibited. (4) Quantities. No park visitor shall bring into a park intoxicating liquors or nonintoxicating malt liquor in kegs or barrels, except as provided in this Subsection. Groups, associations or organizations desiring to bring intoxicating or nonintoxicating malt liquor into parks in kegs or barrels may do so only after obtaining written approval from the City Managera permit for such use from the City. The City shall grant the permit if in the judgment of the City Manager the use for which the permit is sought will not interfere with the health, welfare, safety and use of the park by the general public or the quiet use and enjoyment of any residentially zoned property in proximity to the park. (amd. Ord. 105-09 – pub 4/23/05) The City shall establish minimum criteria an applicant must meet in order to obtain a permit. The City may impose restrictions and conditions on the use for which the permit is issued. The use for which the permit is granted shall only be conducted within the area designated in the permit. (5) Minnesota Statutes, Chapter 340A is hereby specifically adopted by reference except those provisions which by their nature have no application. (6) Thomas Ryan Memorial Park shall be alcohol-free including intoxicating and non- intoxicating liquors in any form or container. (amd. Ord. 99-09 - pub. 8/7/99) (amd. Ord. 105-09 – pub 4/23/05) (7) Jeffers Pond Elementary School Park shall be alcohol-free, including intoxicating liquors in any form or container. (amd. Ord. 105-22 – pub 9/17/05)