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HomeMy WebLinkAboutAugust 3, 1998 ORDINANCE NO. 98- DRAFT CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA AN ORDINANCE REGULATING THE SALE OF LIQUOR THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS: The Prior Lake City Code, Title Three, Chapter 1, is repealed in its entirety and replaced with the following: SECTION 3-1-1. PROVISIONS OF STATE LAW ADOPTED,. The provisions of Minnesota Statutes, Chapter 340A, relating to alcohol, intoxicating 1.iquor and non-intoxicating liquor are adopted and made a part of this ordinance as if set forth fully herein. Except to the extent the provisions of this Chapter are more restrictive, the provisions of Minnesota Statutes, Chapter 340A, as 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 Chapter as if set out in full. SECTION 3-1-2. DEFINITIONS. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise: A. "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 liquor, malt beverages, and wine. . B. "Applicant": A person as defined herein, who completes or signs an application for a license to sell alcohol-related products individually or on behalf of a business. C. "Business": The business of selling alcohol or alcohol-related products. 58795 58795 D. E. F. G. "Exclusive Liquor Store": An establishment that sells alcohol-related products for consumption off of the premises and does not sell food or food related products. "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. In the cas'e 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": The person as defined herein licensed to sell alcohol related products. For the purposes of compliance with the regulations set forth in this chapter, license holder also includes owners and employees of the license holder. H. "Movable place of business": A business whose physical location is not permanent or is capable of being moved or changed. 1. "Off-Sale": The sale of alcoholic beverages in original packages for consumption off the licensed premises only. J. "On-Sale": The sale of alcoholic beverages for consumption on the licensed premises only. K. "On-Sale 3.2/Wine License": A license issued for the sale of 3.2 malt liquor and wine not exceeding fourteen percent (14 %) alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. L. "Person": One (1) or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the State; or any other business organization. M. "Temporary On-Sale License": A temporary On-Sale License to a club or charitabld,Hl religious or nonprofit organization for special events on a limited basis. 2 , -- SECTION 3-1-3. LICENSE Ttl"~S.. The following types of licenses shall be available for the sale of alcohol related products: A. On-Sale Intoxicating Liquor License. On-sale intoxicating liquor licenses =a;~;~;I_i.~~im;~Ul~~n!!!~'!!f!!R. 'c'oiigres'sioiial1Y'charieredveie'ians'''oigaruzad6ns if they have been in existence for at least three (3) years and 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) must have a minimum valuation of ~~~;_l-ll!l_ll~~ 2. Where the licensed premises is located in a shopping centertpr 1....~=i';;d...'Pil.m . c. w3:j' not b~ en c~~lusivc liquor storc; ~. m~:,. not pcrmit livc music or dancing; ami- o. QU~ ~~','~ c ILiniQuQ of IS::> scats for di~ing-; 3. ',l.'h~,;:-~ ~he liccnscj F::I:1k:::; is located in ~n affie.~ c:Iiljing thc 1iccnsc~ y';:-::lSiises nunt ~~':'e a minir:mm of ISO scats for didL.gt. B. Off-Sale Intoxicating Liauor License. Off-sale intoxicating liquor licenses may be issued to an exclusive liquor store and shall permit off-sale of alcohol related products. C. On-Sale 3.2 Percent Malt Liauor/Wine License. On-sale 3.2 percent malt liquo!/wine licenses (hereinafter "3.2/wine license") may be issued to restaurants, congressionally chartered veterans' organizations, and hotels where food is prepared and served for consumption on the premises only. An on-sale 3.2/wine license may be issued only to a restaurant having facilities for seating at least twenty-five (25) guests at one time. D. Off-Sale 3.2 Percent Malt Liquor License. Off-sale 3.2 percent malt liquor license may be issued to general food stores and drug stores and permit the sale of 3.2 percent malt liquor at retail in the original package for consumption off the premises only. 58795 3 E. On-Sale Sundav Liquor License. On-sale Sunday liquor licenses may be issued to a hotel, bowling alley, club, or restaurant, with facilities for serving not less than thirty (30) guests at one time, to which an on-sale intoxicating license has been issued. Such license may permit the sale of liquor to be consumed on the premises between the hours of 12:00 a.m. on sunday and 1 :00 a.m. on Monday in conjunction with the serving of food provided that the licensee 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 3.2/wine licenses. F. TemDorarv On-Sale License. The City Council may issue to a charitable;m!l religious or nonprofit 'organization, comprised of at least 35 members, in existence 'f6'r at least three (3) years or to a political committee registered under Minn. Stat. ~ 10A.14 a temporary license for the t~)I: J sale of intoxicating liquor in connection with a social event within the City sponsored by the licensee. The license may authorize the -fan J sale of alcoholfiJ; related products for not more than four (4) consecutive days, and may authorize ten: J sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee 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 Section are subject to all laws and ordinances governing the sale of alcohol related products except Minn. Stat. ~ 340AA09 and ~ 340A.504, Subd. 3, paragraph (d). Temporary licenses must first be approved by the Minnesota Commissioner of Public Safety before they become valid, 58795 4 SECTION 3-1-4. LICENSE REOUIRED AND PROHIBITED SALES. A. License. No person shall keep for retail sale, sell at retail or otherwise dispense any alcohol related products at any place in the City without first obtaining a license and paying a license fee. No person, except as otherwise provided in Minnesota Statutes Chapter 340A shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2 percent malt liquor, or wine as part of a commercial transaction without first having received a license to do so as provided in this Chapter; nor shall any person, directly or indirectly, or upon any pretense or by any device, allow the consumption or display of intoxicating liquor or serve any liquid for the purpose of mixing with intoxicating liquor without first obtaining a license from the City as provided in this Chapter. Every license issued pursuant to this Chapter is subject to the conditions in the following subsection and of any other applicable ordinance, state law or regulation. B. Prohibited Sales. No person shall sell, offer for sale, give away, furnish, or otherwise deliver any alcohol or alcohol-related product: 1. Without first having received a license to do so as provided in this Chapter. 2. To any person under the age of twenty-one (21) years. 3. By any means, or to any other person, prohibited by Federal, State, or other local law, ordinance provision, or other regulation. 58795 5 ---.... SECTION 3-1-5. APPLICATION FOR LICENSE. A. ADplication, An application for a license to sell alcohol related products shall be made on a form provided by the City. The application shall include, but is not limited to; the full name and age of the applicant, the applicant's residential and business address and telephone numbers, the name of the proposed license holder, the business location for which the license is sought, the type of license applied for, and such other information as the council shall require from time to time. 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. B. Documents to AccomDanv ADDlication. At the time of application, the following must be provided by the applicant: 58795 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. License fees are not pro-rated. If the license application is rejected or denied, the City shall return the license fee only, except where rejection is for a willful misstatement in the license application. 2. Investigation Fee. All applications for an initial license or transfer of an existing license shall also include payment of an ~I~~~:;~lo~o~~:r~.f \~\\~: ~~~;~~~a\~;~~~t~~~}~~Y!Pr!!~!f Minnesota is required, the applicant shall pay the cost thereof, prior to consideration of the license application by the City Council. 3. Legal Documents. All applications shall be accompanied by copies of each summons received by the applicant under Minnesota Statute Section 340A.802 during the preceding year. 6 4. lBond. All a~~lk~~-i<m:; ~hall h~ ~cc;)mD~nied by a b;)nd or eeu~'/~I~nt security as prvv~~cfi in t.lirllicseta E:~-aM;: &~ 340A.412. 8ubj. 1. a. Amoun~ of Bond. Such surety bond or other cquivalcnt sl?curit~/ shall b~ in Hie amount of thrcc thousand ($3.00~:n j;)llars for an "on sale" liccnse. thrcc thousand, ($3.000) dollars for an "on sale 3.2/'::inc" liccnsc. and fivc thousand [$s.oom dolbrs fo~ a~ "eff s-ale-Hec~:;c." 8~:j bond or othc.::- Je~?..}.::-:t.. ::;h~ll be f upon the occurrence of a violation of this Chaptcr or thc liquor lav/s of thc State of ~E:;:-.E.eseta. Th~ aDDlicant. b':-::;>.r'::;J~';ing thc bond or othcr sccuritv. agrccs t~ ~~';-te thc Cit'/ '.vhcn au::. a~-l t-~xes. ~k::nsc fces. ~s.a other ch~r:res-:-, b. .^..pproyal of Bond or Sccurity. The sccurity offcred shall be approved ~'I ~hc City Council and in the cascs of "on sale v:inc liccnses" and "off sale" liccnscs. bv thc Minnesota Commissioner of Public Safetv. In addition. thc sale of alcohol rclated, Droducts v:ithvut fiaviiiii; 0fi fi1e:-witl. ~hc Citv cffecti'/c sc~u.::-:~-v-is-oau:;c };).::- f~':ocation - . of the license. ~ General Liabilitv Insurance. Proof of financial responsibility shall be given by filing a certificate that there is in effect for the license period an insurance policy or pool providing at least $600,000,00 of coverage because of bodily injury to anyone person in anyone occurrence, $1,000,000.00 because of bodily injury to two or more persons in anyone occurrence, $600,000.00 because of injury to or destruction of property of others in anyone occurrence, $600,000.00 for loss of means of support of anyone person in anyone occurrence, and $1,000,000.00 for loss of means of iiii~~!iiill.'lilii.iF'i.ll..B ;?1 -f6t. Workers' Compensation Insurance. The policy limits for workers' compensation insurance shall be as provided for by state law. -PtlgJ. Financial Responsibilitv. Liquor licenses shall be issued, maintained, or renewed only if the applicant demonstrates financial responsibility as defined in Minnesota Statute Section 340AA09 for the applicant's liability under Minnesota Statute Section 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 application for a license. The sale of alcohol 58795 7 related products without having on file with the City effective proof of financial responsibility is subject to the provisions of Section 3-1-1 O( c) . C. Action. If the City Manager determines that an application is incomplete or without proper supporting documentation, . he or she shall return the application to the applicant with notice of the deficiencies. The City Manager shall review the application, supporting documents, and the result of a background investigation, and may recommend to the City Council either approval or denial of-the license, or may recommend the City Council delay action for such reasonable period of time to permit the City to complete any additional investigation of the application or the applicant deemed necessary. Following written notice to the applicant, the City Council shall 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. After the investigation and hearing, the Council shall, in its discretion, grant or deny the issuance of the license. No "on-sale 3.2/wine" license or "off-sale" license shall become effective until approved by the commissioner of public safety. The City Council may impose reasonable conditions on the issuance of any license to protect the public. If the City Council approves the license, and all required approvals are received by the City, a license shall be issued to the applicant. If the City Council denies the application, a notice of denial shall be sent to the applicant at the business address provided on the application along with the reasons for the denial. If a license is mistakenly issued or renewed to an applicant or license holder, it shall be revoked by the City Manager upon the discovery that the person, applicant or license holder was ineligible for the license under this Section. No license shall be issued transferred or renewed if the results of the background investigation show that issuance would not be in the public interest. SECTION 3-1-6. DENIALS. A. 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. 58795 8 2. The applicant has been convicted within the past five (5) years of a violation of any provisions of this ferd-~~f.~aet tIA~p~~rJ. or a violation of a Federal, State, or local law , Ordinance"p'rovision, or other regulation relating to alcohol or related products. . 3. The applicant or license holder has had a license to sell alcohol 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. 6. The applicant is directly or indirectly the owner of any current license issued under this Chapter. 7. The place of the licensed business is ineligible for a license under state law or the City Code. (Minnesota Statutes 340A.412 or 340A.301) 8. Taxes, assessments, fines or other financial claims of the City are delinquent and unpaid as to the premises to be licensed. 9. The premises to be licensed is located within 300 feet of any church or school. 10. It is impractical to conduct a background and financial investigation due to the unavailability of information; 11. The applicant is not of good moral character and repute. fh!. Tlt~ ayyE;:;~~~---is-j.~.::-;:;::;t-ly-or ~~jircctly thc mvncr ~ any CUffe:.:! Hc~nsc issucd under thi~ eh~~~e;.} B. ExceDtion. No license shall be granted for operation on any premises on which state, city or county taxes, assessments, fines or other financial claims of the state, city, or county are delinquent and unpaid. Notwithstanding the foregoing, if the delinquent taxes, assessments, fines or financial claims are against a landowner, and the applicant or license holder in the case of a renewal, is a tenant of landowner and 58795 9 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. SECTION 3-1-7. RENEWALS. The renewal of a license under this Section shall be handled in the same manner as the original application. Any person intending to apply to renew a liquor license must submit a renewal application, on a form provided by the City, and pay the application and license fee. A license renewal application, and license fee must 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 ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. A late fee of Fifty Dollars ($50.00) will be imposed on any licensee who fails to submit a timely renewal application. SECTION 3-1-8. TERM. All licenses are issued for a period of one (1) year. The license period is from (}~~u~rj+ :~~I:~~~ 1 to {Dcccmbcr 31} ~~~BR~,::B,~J'. SECTION 3-1-9. TRANSFERS. All licenses issued under this Section shall be valid only on the business premises for which the license was issued 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 licensee is deemed a transfer of the license, which, without Council approval, is f6r():I~at ,(~~9RHq~), for revocation of the license. SECTION 3-1-10. REVOCATION OR SUSPENSION. All licenses issued by the City may be revoked or suspended by the methods set forth herein. A. Grounds for Revocation or SusDension. A license issued by the City under this Chapter may be revoked or suspended for any of the following reasons: 1. The license holder, its owners or employees has violated any section of this Chapter. 2. The license holder, its owners or employees has violated any applicable civil or criminal statute, ordinance, or regulation pertaining to alcohol related products. 3. The license holder, its owners or employees has violated a special condition under which the license was granted, including, but not 58795 10 limited to, the timely payment of real estate taxes and all other charges. 4. The license holder, its owners or employees has violated a Federal, State, or local law regulating the sale of alcohol related products or controlled substances. 5, The license holder, its owners or employees has created a public nuisance, as described in the City Code {Scction L on the premises or in the surrounding area. 6. The license holder, its owners or employees has suffered or permitted illegal acts upon the licensed premises or on property owned, controlled by, or adjacent to the licensed premises, unrelated to the sale of alcohol related products. 7. The license holder, its owners or employees has knowledge of illegal acts upon or attributable to the licensed premises, but has failed to report the same to the police. {* 1 moved from here; text not shown} {* 2 moved from here; text not shown} -fG;t :r~m Automatic :f~g~!?~~siqg:(jjn Revocation. Any license issued under this Sectionsl1a:lI be immediately"suspeiidecCt6.::- r~vokcd} without further action by the City Council, for any of the following reasons: 1. Lapse of required dram shop insurance, or 2. Lapse -{ cf ~OOti-or .,\'ithd~~';;aij- of security provided to the City-f, O~ ]:[IJ. f3t Let ::"', ::, '::::,:' lkutomatkf'Re.voc.atioii'::,:::::~9Y '.[i.q%~~: :is.s~~(r~~Aqe~Jp.~ ,:S~q:fl(i~",:s~all p~::::ii.iIDi~diai~ ~y ':;evpk~(f\~fitfiQ)Jt ::fttrtfi~lr; aQ~~q~:': by'" the{- !2ity 'GQuna~~;':::~or: a#y::::~f;t!ie.... , I:gl!g~,!Y.~::::Fti~~B~:~' .. ......, .., 1] Upon written notice from the City Manager of the -( c::ooe:)U~ J tl~~!lSiBl grant of a license. "[iMif\l<]: ~ I'.2:;.':]' .......................... ........ ....................... .... " ... . .......... .. ..... :....:::;:::::::::::::;::::::....: :...::::;::....: Expiration or cancellation of any required insurance, bond or other security or failure to notify the City 58795 11 within a reasonable time of changes in the term of the insurance or insurance carriers. D. Notice. Notice to the license holder :~118m]:ipM:::::t9~H[~tJ., of the lapse of insurance, lapse of bond, or withdrawal of security shalf alSo serve as notice of the suspension of the license. A suspension or revocation under this section shall be effective until the City Council determines the requirements of this ordinance have. again been met. 3-1- {I ~~~:r';1;"III::::tlitf~~~;~o~~~~'n ~;~~~~:~sf~~v:~:l~ ::ke {~~~~~~nt~'~!!21~~ license holde'f"has"heen"'iiff'orded an opportunity to be heard by the City Council pursuant to section 3-1-18 herein. SECTION 3-1-11. NON-EMPLOYEES ON PREMISES. A licensee shall not allow non-employees on the business premises from -{.fffic~{l {IS) J t~I~P!Y:::::~4Qil minutes after the sale of alcohol related products is prohibited until thesai'eIs"agaln permitted except as hereinafter provided. Non-employees are allowed on the premises' of a hotel, restaurant, club, or bowling alley (On-sale liquor licensees and on-sale 3 .2/wine licensees) 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 licensee shall close off all access to alcohol related products or any bar area in a manner approved by the City. SECTION 3-1-12. DISPLAY. Every license shall be conspicuously posted at the place of business for which the license is issued and shall be exhibited to any person upon request. SECTION 3-1-13. RIGHT OF INSPECTION. A. Premises. Any Prior Lake police officer, City official, or any properly designated officer displaying proper identification shall have the unqualified right to enter, inspect, and search the premises of any licensee hereunder without a warrant, during business hours or when owners, managers, or other employees are located on the premises. B. Records. The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City at all reasonable times upon written request. S}ALE;~CTION 3-1-14. mI~!!1!~!~:mtfm1\.!~!f::::~~::::!l.!~.~~!tJ. {l\10BILE 58795 12 -:. .... }- No license :(g~:,:mY,:::~~n~l shall be issued for -fth~ :;~-l~ of alcoh81 ~~-at '(ig~~' movable place of busim~ss,inchidlrig'but not limited to -fmet0riz~d vchicle:::, E:Db-:!~snles "11~1r.- "",."".,..,."""""".1 ;:;:;:;:;:::;:::;:::::::::;:::::::;:;:;:;:;:::;:;:;::::::~; SECTION 3-1-15. OUTDOOR AREAS IN ON-SALE ESTABLISHMENTS,. All outdoor areas in On-sale licensed establishments are subject to the following limitations: 1. 2. 3. 4. 5. 6. 7. 58795 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 _~I_.l~ 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 entertainment in any outdoor area'to protect the safety and welfare of residents, businesses and other uses near the establishment. The City Council may authorize an establishment to conduct entertainment not otherwise allowed under its license in an outdoor area by permit temporarily for special events. Such temporary permits shall be issued for a fee as set forth by the City Council. Customers shall not be allowed to occupy the outdoor area in numbers greater than the seating capacity permits. No bar shall be located in an outdoor area except a service bar for the exclusive use of employees. The license holder shall provide food service to the outdoor area during all hours of operation of the outdoor area. Access to and from the outdoor area shall be through the remainder of the premises or through the property controlled by the license holder. 13 ~~19~~~m~p~ffi: !!~~!~~"::~~!'?:!~~!:!:i::::~~~~~~:~:!..::~:::::~~"::~~~~m:':::::~9:'::~~qM9r'::~~8i9~ii::::~9in:~ ~DJ ___ WbL\ttb'~ttAfnj"PE~\t TIE&}- [~'T:::91 (2) Employ or use the services of any -fhestBE;~) ::::(I~!t':::p:i:t~@mJ while "..,,', such {hostess }(p~r~gN.J: is unclothed or in such"aitlre';'co'stume or clothing as descdbed in subsection (1) above; E~~m~l (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; ~~~,:~l, (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; {* 6 moved from here; text not shown} {* 7 moved from here; text not shown} {* 8 moved from here; text not shown} ilLJ"'-: : I U' I . <' J ~v..ilii'..n~ ,10 atKmu. ' {* 9 moved from here; text not shown} {* 10 moved from here; text not shown} -{~. ta-e3a3UQS ce-a!s; ana}- {* 11 moved from here; text not shown} 58795 14 ,- i:~ ,. .... {* 12 moved from here; text not shown} {* 13 moved from here; text not shown} {* 14 moved from here; text not shown} {* 15 moved from here; text not shown} {* 16 moved from here; text not shown} {* 17 moved from here; text not shown} SECTION 3-1-17. CIVIL VIOLATIONS AND PENALTIES. A. Civil Violations. Any violation of this Chapter 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 or employees while on the licensed premises. B. Additional Violations. The following additional restrictions apply to all licenses issued by the City Council under this Chapter: 58795 1. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under the licensee's control to be used by prostitutes. 2. No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of state law nor shall any licensee permit consumption of alcoholic beverages on licensed premises more than twenty (20) minutes after the hour when a sale thereof can.be legally made. 3. 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. No licensee shall employ or use any person in the sale or service of alcoholic beverages 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 , 15 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. C. Notice of Violation. Upon the occurrence of a violation, the 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 civil violation; The notice shall advise the license holder of the penalty and the license holder's right to request a hearing regarding the violation of this ferd:~a~aet ,(gl~p,!:tl pursuant to {scction} :::::(R~~I~I)' 3-1-18. ... ...., ,..... ... ,. D. Civil Penalties. Each license issued hereunder shall be subject to =-;=a__Of~r~~M'!! ~::~~~~~~::s ao~i~~sf~~a~he laws"6f"ihe"Sia'te"'6fMTriiiesota"a's follows: 1. PresumDtive Civil Penalties. 58795 a. Purpose. The purpose of this Section 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 Chapter. 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 more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the State or City to prevent the sale of alcohol to minors. When suspending or revoking a license or imposing a fine for a violation of this Ordinance, 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. b. PresumDtive Penalties for Violations. The minimum penalties for convictions or violations must be presumed as follows (unless specified, numbers indicate consecutive days' suspension): { Scc ::;~arc-{)fi n8*t y~ge-;t 16 each violation under the first appearance column in subsection (B) above. The occurrence at multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. F. Subseauent Violations. Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Manager and licensee 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. G. Subseauent ADoearances. Upon a second, third, or fourth appearance before the Council by the same licensee, the Council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Section. H. Comoutation of Aooearances. After the first appearance, a subsequent appearance by the same licensee 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 licensee 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 licensee 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 subsection 1, 2, or 3, above will be treated as a first appearance. I. Other Penalties. Nothing in this Section shall restrict or limit the authority of the (council} l@ggn.9!:l): to suspend ttii:l:!1J.9iQ$.gl up to sixty (60) days, revoke the license, impose"i'dvlCflne not to exceecf'two"'ihousand dollars ($2,000.00), to impose conditions, or take any other action (b. a:cordance '....il~ ~~'l:t; provided, that the license holder has been afforded an opportunity for a hearing in the manner 58795 18 provided in -{tti3 C~apt-et+ t$:~gt19g:::;}t:~:ti:$j, Penalties imposed under this Section do not require a prior criminaiacijudlc'atlon.u,u J. Reinstatement. A license shall be reinstated following expiration of the suspension period 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 be constitute a violation of Section 3-1-10(c) and result in the automatic revocation of the license. K. Other Enforcement of Action. Any civil penalty, suspension or revocation or combination thereOf under this Section does not preclude any private civil action or any criminal prosecution under this Ordinance or any Minnesota Statute. SECTION 3-1-18. HEARING ON DENIAL OR VIOLATION A. Hearing. Following receipt of a notice of denial issued under Section 3- 1-12 or a notiee of a violation and penalty issued under Section 3-1-17, 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 days of the mailing of the notice of denial or notice of suspected violation. Following receipt of a written request for hearing, the applicant or license holder shall be afforded an opportunity for a hearing before the Council. If a hearing examiner conducts the hearing the hearing examiner shall report its findings and make a recommendation to the full Council. B. Findings. If after the hearing the applicant or license holder is found ineligible for a license, or in violation of this Ordinanee, the Council may affirm the denial, impose a fine, issue a suspension or revocation, or impose any combination thereof. C. Default. 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 in Section 3-1-17 shall take immediate effect by default. The City Manager shall mail notice of the denial, fine, suspension or revocation to the applicant or license holder. The City Police shall investigate compliance with the suspension or revocation. 58795 19 r$;~~~~Q~~I?:~!t~!~~:::::~~~~~~!!:!:~!!!~~'!::!.~~$,,:~!::!,:~~~~,~:~~3), (:~~Ig) A. Criminal Violations: License Holder and Emolovees. As set forth in Minnesota Statutes Chapters 340A.503 and 340A.701 to 340A.705: .~w.wm?j: 1 .[................;:f:.J; . It shall be a gross misdemeanor for anyone to sell, furnish, or provide alcohol products to a person under the age of twenty-one (21) years. . ,(**':",8, J.. 2 .t................. ," . It shall be a (pctty }E~rB~~) misdemeanor for anyone under the age of twenty-one (zi)years to sell, furnish, or give away any alcohol products. This Section shall not apply to an employee of the license holder under the age of twenty- one (21) but over the age of eighteen (18) years while serving alcohol related products. tl:!::!:::::::::::::::::::~!!~~~~',f~~~~~~~~!9~~,i:), r*.*.{nl 1 :t........:~J . No person under the legal drinking age shall enter a licensed premises for the purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any person who has attained the age of 18 years to enter licensed premises for the following purposes: ~~m:::::~:~J.: a. to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; ~P:f:::::::::::::::::::~9::A9P.~.~:::II~~:~:::::9F.J: :[m~!:J.:J.c. ,qqto attend soCial functions that are held in a portion qqqqq..q of the establishment where liquor is not sold. Im:m:l41 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 products. This Section 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. .[..*.."'*.."...."l..'3q '.lq. 3 . . . .. ... . .:......;....:.:.:...:..... :.:-:.:.:.:.:.:.:.:.' .....: . . ............................. ................... ................... No underage person shall misrepresent the person's age for the purpose of obtaining alcohol related products, nor shall the person enter any premises licensed for the retail sale of alcohol related products for the purposes of purchasing or 58795 20 tm~::~~41 4. ................... ................... '[":""""::1":5"']" 5 .:.~.:f.:.:.': ..... : .......... .. . .................. ................... ."''''......6] [.:"':"'::::::1.::'..": 6 ....................", " . ................... ................... having served or delivered any alcoholic beverage. Nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for the underage person any alcohol related products. Any person shall, upon demand of the licensee, his employee, or agent, produce and permit to be examined one of the following forms of identification provided under Minnesota Statutes Section 340A.503, subdivision 6. No person shall possess open containers of alcoholic beverages or consume alcoholic beverages on public property including but not limited to public streets, sidewalks, parking lots, or in parks except where specifically permitted by ordinance. No person shall possess open containers of alcoholic beverages or consume alcoholic beverages in parking lots under the control of a liquor licensee outside the licensed structure 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. (Ord. 91-02, 7-15-91) No person shall consume nor any licensee permit consumption of alcoholic beverages on licensed premises more than twenty (20) minutes after the hour when a sale thereof can be legally made. tm~::~:!1 B. Criminal Enforcement. Upon discovery of a suspected violation of any Secilon' of this Chapter, the City Police or other appropriate authority shall issue a criminal citation to the individual offender and licensee where appropriate. SECTION 3-1- r~91 r~~l. AFFIRMATIVE DEFENSE. -{!{ Y.; a..: a::br..~dvc defense t;:; 3. c~.3.~g;: u::aer-thk C.f:.l:ytc-.::- if th~ liccns;: ~o1Eler ~c ~y l: yfE:p0::::b.::--c-s:e of the eyidence that the ~i:~nse holder }~&:::::~~E~ii::::R9~qi[ m,@yl reasonably and in good faith -{ ~(;E;:at[~lyJ on proof of age as described in ,',',',',',.,',', ""'i' .L1.hl [..c.::'..c.: . ---.LO..r,.1.".,.,',.,',',',',~ Iht;::;,/:::::'::::::::::'::::::j: . k' ~ 1 ) Section 3-1--pvJ ,jk2.J,(B),(4) of thIS ---r=r"~~~::~ \8H?fPf:~ni m ma mg TIT""'::r~: Eglii:~:pt;::l\!$,9191ti~!it~glpr9:gHg!~l In every appearance before the City Council for a vlohiiloli"o'fihe"provlsloli's'o{'ililS (section} [~lj~p.~~rJ. relating to the sale or furnishing of alcohol related products to underage persons':r~~d'ln ~' y:-8::eeding before thc Gel:mo~l 'I:iH: :-:spect thereto), the fact that the underage person involved has obtained 58795 21 and presented to the licensee, his employee or agent, a driver's license, passport or identification card from which it appears that said person was not an underage person and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a (viola:':c:~::;t z. y:::-JV-isie;: ;x:a tt.9~M~~::::*;mJ.iB9P;:::i~:::~m~:::::mA"p~~~::::gm.g:~::::}ti~!::::P~9Y~nJRy::::ij::::P.;t~lIn~liiil:::::9k::m~::::~Migijp'g~:*u shiill"be. 'conchislve.evldence.ihiit.ii'vlolailori,.'lf.one.' has 'occurred,' was. 'ricit. wliful.or"""..... intentional. t SBCTI9-N 3 ~ :!-a. ~EVER{\E.e:,",!TY.) If any provision of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this Chapter. THIS ORDINANCE SHALL BE EFFECTIVE FOLLOWING PASSAGE AND PUBLICATION. , 1998, ADOPTED this City of Prior Lake. day of , 1998, by the City Council of the CITY OF PRIOR LAKE By: [\1/ es} J.Ff~~1t~:::::I:~:): Mader, Mayor ATTEST: Frank Boyles, City Manager {Deleted at re~uc:1. of-Ghi::;f e:xl ~r:3k over conc::::-;: a-f !i:n:~e:P..rcr:ifj' !:SeflSe& (multipb ';/e:kends or days) at various orp;:kations 0'::- k:c~-i:efls-:- N;:; ffi3r:: th:u: ~hree (3) f3a:::- aay,-bar {4) three day, or &.U ~3 3~j' temporary licenses, :;: ::-.j' ee:c.bbz.ioE. ;:3t to exceed t.velve (12) days pcr ye;::::-, cay be issued for the sale of alcoholie beverages to ~.j' one org-a:-jzat~aft-3'::- .::-:gistcres yOE~-ieal-e;:;;:r...7.~ctee-; er-fcr c.:-lj' one locati::;;:, '1::t~i;: ~ ~3-me;:t~ ;~j. N~ :c.ore-t~e;: onc tcmpo:::-::::-~; license ffF-.j'-ee i!y.med to any OE.~gc.ffi.::ation or registered political eOIF.E:ttee, or f::;r ~r.)'-efl8 Ieeaac;:, y:it~i;: ~:-.j' 30 day period. QP+IQ!'T ~: 'Obscenity ..^~n:i !'Taaity: !'Ta--lk}Ho.::- li38flSe€ skdp.- (I) ~mploy c:::- :l3e ~->:j'-peF5'c;: ~E. th: ocl::; e.::- E:cn'ice of ai:3!:3lic beverages ~:::- nG c:S:j:;byees for t!:-.c tJurpose of stag ins em;' nature of "}i~gcrie ShU',Y" iE. ~.::- a;Ofl-the 58795 22 licensed ;r:~~3 ':I3.~I: J":z~ ~~3;: is u;::lothed Dr i;: s003. L:tti::>, e95ffime 0: :lothing :lC t:: ~: to ':1ev.' L:;:j' portion of the fe:Ral: 1:::::[1. :~lovl the top of the areuh~ 9f--ef ~u.y ~~rtion of the y:.:::e h~::, :nU5, ~{e:t of-tftJ ~Xl~-teek5, cr genitals;) {* 3 moved from here; text not shown} {* 4 moved from here; text not shown} {* 5 moved from here; text not shown} H~) !l:-::T?.t :-;:j'--peFS~;: t9-peffD.::-:r: aJ~-s-{3'::- a:ts v/hich siI:1alL:~-et:- a. \Yith c: u~o;: ~ot.ft~.::- ~~c;:, &zxu&l ~;:~-ere&:m;~,-se{b::rrj',~1'al eo~dGtiJ.fl-; flagellation 0'::- :-:'rj'-sex-'.lal :ztc '1;-fti:-~ L:.r: ~rc~it-~~od ~j'-law;- lr.-~lL:st'dr~::i::m or besti::litj'-;- c. \\q.tt e.::- U~3Z. ~';:atfl::r ~~33;: ~hc tOUJ;"i;:g, Zftf;:;:J5i::g or fonjling of th:: ~:I~-teJb;, ~;:us, geni:-ak 0'::- :fe~ide !Y..-easts-;- j. T~e-(}:~?laj'ing of the i/Jb-:J :ca:.::-, a:'lJ3, gcnitals or f:s::-l: ::.-:::asts below thc top of the arcola; f5) !l:rm-:t ~hj' person to u:;: i:r.-ifk:;i~l El.3"fie.JS ~F ir.i:niw~tJ 3tjeets to depict anj' of the ~'::-31--r~:~tcd actiyitics dese.::-i:;:;j ~tovet f7t-P;:;n:iit adj' pcrson to rc;.nd~;: ~;: 3;:' u~c;: t~: ~r~ ,,:ho cxposes t;:; ~:IaHc -;icw any fortion of ~ic OF ser geni~alc OF coo::;; {e) !l::'::-::-r:~-ffic 3l:0Y/i;:g-ef-::lr::, &~-dl p-::-tu:'-3'3, E>l:::ctronic rcproduction 0:'- etk:::r 'Iisual fe~:cjuctions dcpicting: a. Acts 3'::- ::;-:s:alatc acts of s:~I.'.l~1 ~fitefJO::if3:, xL:.atu.::-!Jaao::, a::::l8:::j', 8:.-::l-eop-ak.aeft;- flagcllatic- c- !'l-"--,,-"\.,,p-~l ~f',~~ ".1...:",1... !'l-~ --C't..:1...:.~j 1..... l~'''":,, A'" ... u........J--cr_.".UIo,.4. """"'"\.J ,.,-1'11,-",1..1. u...._ t'.I.vlttt1"t"tC VJ (4", b. ,,'\ny perSDS :eing touched, caressed or fondled on t~..c heast, 1:Yd~-ffiek:;, a::ac 9f geffitc-l:: ; ~ 8~e{; ","/~~~::: ~ ;~j~s~l~i.S the "f,ulya or th~ c-c.uc ,~r the gcni!3.k. j. E~afle3 7:~aTC-:S aHy-afti:ic-iL:.-I j;::'1iccs Bi' ::'r~-:';..ffr~~C objects arc E>."'h;rl~ycd to dcpict, or d'::-~7/i;:.;:: :-.::-:: employed to portr~j', ~rj' ~ t~.-c ~:'-J~r:~:~:d ~etffi.1icG describcd abave;- f9) !l:::T.it L:dY type ~ "~ingeH: s3.aw!!-o.::- 3L.'nik.r e~~,ffitbs is L:F.j'--I*ffiios 3f ~ E:ensed es-~~0}y':;F~-:l:::nt othcr }sa~ OF. L:. .::-aiscd stage a &,.j-:~ablc dist-~-:'..c: E:~C:Ft-ff3::: the ~:.-~ gefl;:;'::-~{j' rcservcd for th: ::::ating 0: ?a:ffffiS-;- 58795 23 OPTION 2,: Cois. Operated Devices: Coir. operate3 aF.3.~::ment device-!: 1r..a~' not be majc ~':ailablc in Y'../.:Ct~isF~'H:e:1~C li:cnsed so~e~j' for the of~ ~~b-3f i:::oxieating liquor. l'\.~ ::Dffi~~k3..-:l::ffit hv~am.; c: ~:::1~~:J~~-ioo-3:: cJ.b ~iFid off ~~l: licens: '::3.izh 7.xll:e;; :::-o~~ operated devizo: &':d~~t~::: ~t{lll k~:f &'d:h deyices to the greatest extent y'::--c:::~.f:-a~~:-ffi that area of t3.: e3tc.bl{5h..~er.t y:here 03. S~b3c.fe F.3.~ge4 58795 24 6-29-19982:10PM FROM ~ADERENTERPRISES 8440288 P.2 ,}AUhK ENTERPRISES . , '5001 ~ 80th Street, Suite 730 · Bloomi \gton, MN 55437 . 612.844.040l June 10, 1998 ' To: Prior Lake Mayor, City Council &' City Manager From: Bob Jader Re: Review/Audit of Prior Lake's Information TecM,( .logy Activities , , My objective was to attempt t6 get a basic understanc ing of Prior Lake's past and current utilization ofinfoni1ation technology, as,' ell as to get an idea of plans for its future use. I prepared and forwarded a list of questions p'rior to n y meetings with Bret Woodson., Assistant City Manager, Lariy Dushek, MJ S Coo~din.ator and Ralph Teschner, City Finance Direc~or. Mr, WOOdSO'l was veiy helpful and 'cooperative. He had reviewed all of my inquiries ~d had prepared a very comprehensive and complete response to all of my qll ~stions. I am including my list of questions, along with the responses, for YOll r information and . , reVIew. I will try to keep this report simple and non-technical md yet provide you . with a worthwhile and understandable account of my )bservations. As you are au. aware, the recent advances in technology have been tremendous. It , has become very difficult for the technology professic nals to keep pace with the changes, so it is understandable that a,city'the siZt; of Prior Lake finds it difficult to keep current and to make difficult technok gy decisions. Prior Lake's existing hardware and software are defin, :tely in need of upgrading and the City is taking the necessary steps t(, accomplish this. The year 2000 is forcing this issue. It is foi~ing the City if) convert to new state- of-the-art software and,to replace old 'outdated hardw rre. The City's existing hardware arid th.e 'financial software acquired in 1984, are not year 2000 compliant. The new financial software will resolve tlJ is problem. It should be noted that the new software when'comp'ared to the 01, I software', is like comparing'a Model T Ford to ajet airplane. Sertling The Software Industry _.:~..~... Page 2 It appears as though the existing software has served the City well and Mr. Teschner has done a goodjob and has a very good grasp of this software. The new software that is being installed, is from the same software company which provided the existing software and closely resembles what the staff is familiar with. This should minimize the difficulty of converting to new software. However, converting to this new 4GL data base language is a major task. Technology issues will become more important to the City and the City must become more "formal" in addressing technology issues. An internal computer committee has been formed, which is a positive step in understanding and addressing the needs of the different departments. The City has also hired a MIS Coordinator, which is very positive. However, I question the effectivness of sharing this resource with the cities of Savage and Shakopee. It may not be a problem at this time, but I feel certain that demand for his time will become much greater than time available. Considering the size of Prior Lake, its limited budget and its lack of professional technology experience and direction, it has managed quite well. As the world of Information Technology is changing, Prior Lake must evaluate these changes to determine iVhow they will benefit the city. It is important for Prior Lake to keep pace, yet it cannot let technology become the "tail that is wagging the dog". With all of these changes that are occurring, it is as important deciding what NOT to do, as what to do. CONCERNS A. The new financial software is written in a language called Progress. This is a highly sophisticated and complex language. Progress programmers and people with Progress expertise are very difficult to fmd and are very expensive. There are also annual license fees associated with Progress in addition to the fees charged by United Software Technology, the provider of your financial software. The City is now "locked-in" to two software providers, United Software Tech. and Progress. I had a lengthy conversation with Barb Hibbetts, of United Software Tech. who is responsible for the installation of the new software. She seemed very competent and has a very good technical backgrmmd. She indicated that the Progress sofware that is Page 3 being installed is Progress, Version 8.2C, which is the latest release, which is good. B. Financial software provider, United Software Technology, is a very small company and most of its business has been done with cOlmties. I do not know how committed they are to City software. They are located in Montana and have only nine employees with only three programmers, only two of which are trained in Progress. There does not appear to be much depth. Based upon a recent newsletter from this company, they are in the midst of an internal reorganization, and will be closing their offices and will be "moving to home based offices". This makes me very nervous. I C. A significant portion of the Data Processing budget is for service contracts. I did not have the opportunity to review each contract to determine their need and/or value to the City. However, this should be done. D. There is little if any, "upper management" technology expertise. While the City's staff cannot be expected to provide the technology expertise today, it is becoming increasingly important and it will become a necessity in the near future. E. Almost 6% of the City's budget is for Data Processing, yet the only audit performed is a review of the fixed asset inventory. In todays world, I do not feel that that is adequate. While it is important to keep track of hardware and hardware purchases, the utilization of software and its effectiveness, softwarefhardware services and related costs, information processes and control, disaster recovery and other important issues must also be reviewed. This would be very valuable to the City staff and also very informative to the Council. If the COlmcil felt that this type of information technology audit would be of value, I would be happy to provide an estimate of costs for this servIce. F. Staffing. The hiring ofLany Dushek appears to be a very good decision although I would be somewhat concerned about the sharing of his time with Savage and Shakopee. Mr. Woodson has indicated that the City is aware of the potential conflict which will occur and will address that issue at the .."."..". Page 4 appropriate time. Initially, I think it is important that his activities are managed quite closely and that he is given specific direction, RECOMMENDATIONS I think it is important that Prior Lake form alliances with other cities to take advantage of their knowledge and experience. Prior Lake should become familiar with what other cities are doing. They should find out what software other cities are using, what vendors they are using, what % of their budget is allocated to technology, how they are staffed, etc., etc. I think it is very important for the City and the Council to know how Prior Lake is doing, relative to other cities. The City should also investigate to see if there are any state or metro area, City User Groups and if there are, Prior Lake should become active in them. I would like to see Prior Lake become more pro- active in dealing with technology issues as they relate to the needs and operation, of city government. Prior Lake must look for backup or secondary support for all of their existing software. If the existing software supplier, United Software Technologies, goes out of business, who will provide support? What rights does the City have to the software, if the software supplier goes out of business? This could be critical, becuase Prior Lake does not have the application software source code, which would make it impossible to change or modify any of the programs. The City should have access to the source code in order to protect its investment. The City should also establish an overall technology plan based upon the City~s identified needs, Prior Lake should investigate further, an association with LOGIS (Local Government Information Systems Assoc.) and how it might benefit Prior Lake. There may be significant value gained from this organization. Prior Lake should allocate time and funds for its management staff to become more understanding of technology issues as they relate to city management. As information technology becomes more a part of the everyday operations of the City, it is very important that the City's management has a good understanding of these issues. i:~ >> .... Page 5 In summary, I have offered my assistance to help the city get through this important installation of the new software and to help them evaluate the software vendor. I have also offered to help the staff evaluate the value that can be derived from LOGIS and to the help evaluate the GIS (Geographic Information System) package. Mr. Woodson has indicated that the City would be interested in my assistance. Please feel free to contact me at any time, with any questions you may have.