HomeMy WebLinkAbout3K - Liquor Ordinance Amendment 91-02
CONSENT AGENDA:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
HERITAGE
1891
COMMUNITY
1991
1fXf'XJ.t ~
2Q91
3 (k)
DAVID J. UNMACHT, CITY MANAGER
CONSIDER APPROVAL OF LIQUOR ORDINANCE
AMENDMENT 91-02
JULY 15, 1991
Ordinance 91-02 was first considered by the
City Council on February 19, 1991. Council
tabled action on the ordinance directing staff
to reevaluate the proJ;>osed wording. Attached
is a copy of the orig1nal agenda report, the
minutes from the February 19, 1991 meeting,
and a copy of Ordinance 3-1-16.
The proJ;>osed amendment addresses two
discrepancl.es in our existing liquor
ordinance: 1) Amendment to Paragraph C, is a
clarification of the existing language. The
proposed language will now be consistent with
the newly adopted state legislation relating
to consumption of alcohol on a public highway:
and 2) The proposed amendment, identified as
new Paragraph E, incorporates a section from
the old ordinance (amended in March, 1990)
that was accidentally deleted in the new
ordinance.
The language proposed at the February 19, 1991
Council meeting needed to be clarified. Staff
has reviewed several drafts of new Paragraph E
and is finally comfortable with the language
as proposed.
The original language proposed in February was
the old section 3-1-15 B language accidentally
deleted. Although this ordinance was
effective, the Council was concerned about
future interpretation of its wording. New
paragra~h E removes the confusion as to the
definit10n of the "public place", and
addresses the permitting of consumption of
alcoholic beverages on certain public
rights-of-way through the apJ;>roval process of
the City Manager. Staff bell.eves that we have
addressed the concerns of the Council.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 , Fax (612) 447-4245
ALTERNATIVES:
The
1.
2.
3.
4.
alternatives are as follows:
Adopt Ordinance 91-02
Do not adopt Ordinance 91-02
Make changes to Ordinance 91-02 and
adopt
Table Ordinance 91-02
then
RECOMMENDATION: Staff recommends Alternative #1.
ACTION REQUIRED: Motion by Council to adopt Ordinance 91-02 as
part of the consent agenda is in order.
;I . Minutes of the Prior Lake city council February 19, 1991
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
The next order of business was: Receive Lions Club Annual
Donation. Parks and Recreation Director Mangan reviewed the
many items which had been acquired for Sand point Park through
the use of the generous contributions of the Lions Club i.e.
park shelter, picnic tables, landscaping, tree planting, material
for the fire pit and asphalt trails for the handicapped. Mangan
introduced Ernie Larson who has been the liaison between the
Lions Club and the City. Larson presented a check in the amount
of $20,000 which represented the third installment of their total
donation of $100,000 over a five year period. Mayor Andren, on
behalf of the City, accepted the check and thanked the Lions Club
for their donation. Pictures were taken of Mayor Andren
acce~ting the check from the Lions Club members present at the
meet1ng.
The next order of business was: First consideration of an
Ordinance Amendment to section 3-1-16 Liquor Ordinance (Ordinance
91-02). When the Liquor Ordinance was amended in March of 1990,
a portion of the ordinance was not retained. The portion which
was deleted was 3-1-15 (b) which prohibited the preparation or
consumption of alcoholic beverages in any public place or places
not licensed to sellon-sale alcoholic beverages. Staff
recommended that this portion of the amendment be reinstated.
Discussion occurred regarding the wordin9 of the amendment.
Council directed staff to work on the wordlng and submit the
ordinance again for Council review.
The next order of business was: A public hearin9, however, due
to the fact it was not yet 8:00 p.m. (the publlshed time of the
public hearing) City Manager Unmacht discussed the following
topics under Other Business:
City Manager Unmacht presented a draft of his 1991 goals
as directed by Council. Any Councilmembers who have
feedback to submit on this draft should contact City
Manager Unmacht directly, any other comments on the
overall evaluation should be submitted to either Mayor
Andren or Councilmember Larson.
City Manager Unmacht handed out a copy of a report put
together by Associate Planner Terri Sandbeck which was a
summary of the 1990 annual variances as required by
section 2-3-4 (h) of the City Code. This report is for
informational basis only.
City Manager Unmacht commented on a recent proposal
received from Super Valu officials which will be
discussed at a staff meeting at a later date.
Staff announced that the City had been
attend the Town Center Association meeting
27 at the VFW.
invited to
on February
City Manager Unmacht introduced Senator Terry Johnston
who was in the audience and stated that the Governor's
budget will be presented to the Legislature on February
20.
2
3-1-15
3-1-17
Licenses shall be issued pursuant to Minnesota Statutes, section 340A.504 to
hotels, restaurants. bowling centers or clubs which have lacilities lor serving not
less than thirty (30) guests at one time, and they may serve intoxicating liquor
between the hours 01 twelve o'clock (1200) noon on Sundays and one o'clock
(100) A.M. on Mondays in conjunction with the serving 01 food only. (Ord. 89-06,
12-18-89)
3-1-16:
lNLA WFUL ACTS:
(A) No person shall consume or any licensee permit consumption of alcoholic
beverages on licensed premises more than twenty (20) minutes alter the
hour when a sale thereof can be legally made.
(B) No person, other than a bona lide employee 01 licensee engaged in the
performance 01 his or her duties, shall be on the premises licensed under
this Chapter more than thirty (30) minutes alter the legal time lor making
licensed sales. Provided, however, this subdivision shall not apply to
licensees, employees 01 licensees, or patrons of the licensed premises for
the sole purpose 01 preparing, serving or consuming lood or beverages
other than alcoholic beverages.
(C) No alcoholic beverage shall be sold or consumed on a public highway or
in an automobile.
(0) No person under eighteen (18) years of age may serve or sell intoxicating
liquor in a retail intOXicating liquor establishment.
(f,.)
3-1-17:
UNLAWflL ACTS (MINORS): For the purpose of this Section, any
person under the age 01 twenty one (21) years shall be considered
a minor
(A) No person shall sell, barter, furnish, or give alcoholic beverages to a
minor, except that a parent or a guardian 01 a minor may give or lurnish
alcoholic beverages to said minor solely for consumption in the household
01 the parent or guardian.
(B) No persons shall induce a minor to purchase or procure alcoholic
beverages.
(C) No minor shall misrepresent his or her age for the purpose 01 purchasing
alcoholic beverages
(0) No liquor licensee or permit holder shall permit a minor to consume
alcoholic beverages on the premises, and no minor shall consume any
alcoholic beverage unless in the household 01 the person's parent or
guardian and with the consent 01 the parent or guardian.
(E) No minor shall purchase or attempt to purchase any alcoholic beverage.
nor shall any minor have any alcoholic beverage in his or her possession,
-
380
AGENDA ITEM:
PREPARED BY:
SUBJECT MATTER:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
"CELEBRATE PRIOR LAKE'S CENTENNIAL. 1991"
5
STEVE SCHMIDT, LIEUTENANT
FIRST CONSIDERATION OF
ORDINANCE AMENDMENT TO
SECTION 3-1-16
FEBRUARY 19, 1991
When the 1i9Uor ordinance was amended in March
of 1990 an l.mportant part of the ordinance was
not retained. The portion that was deleted
was labeled as 3-1-15(b) which prohibited the
preperation or consumption of alcoholic
beverages in any public place or place not
licensed to sellon-sale alcoholic beverages.
The police department has used this part of
the liquor ordinance in the past to prevent
the consumption of alcoholic beverages in
public places, such as ~arking lots. As the
ordinance is presently wrltten the police have
no way of dealing with public consumption of
alcoholic beverages.
The council needs to address
they want to allow the
alcoholic beverages in areas
parking lot, the Prior Place
and other such public places.
whether or
consumption
such as the B
parking lot,
not
of
& 0
and
staff has identified the following action
alternatives:
1) Amend Title 3 Chapter 1 of the City
Code to include paragraph E.
2) Leave ordinance as it exists.
Police Staff recommends that the council amend
City Ordinance Title 3, Chapter 1 to include
paragraph E.
Direction should be provided to staff to place
this amendment on the consent agenda for
approval on March 4, 1991.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372/ Ph. (612) 447.4230 I Fax (612) 447-4245
An Equal Opportunity/Affirmative Action Employer
-' UI'j- .:.,::;-1:1':;1 1 1:,; ..j..j f- ~'Ur'l L,j1l1EI HJEL::.cil j, ilF- ~_:.
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'j4474245
F'.02
CITY OF PRIOR LAKE
ORDINANCE NO. 91-02
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 3, CHAPTER 1.
The Council of the City of Prior Lake does hereby ordain:
Section 3-1-16 of Title 3, Chapter 1, of Prior Lake City Code is
hereby amended as follows:
Paragraph (C) is hereby amended to read as follows:
(C)
No person shall have a bottle or receptacle containing
alcoholic beverages which has been opened, or the seal
broken, or the contents of which have been partially
removed, while in a private motor vehicle upon a public
hi~hway. The owner of a private motor vehicle or the
dr~ver, if the owner is not present, may not keep or
allow to be kept in a motor vehicle upon a public
highway a bottle or receptacle containing alcoholic
beverages unless it is kept in the trunk of the motor
vehicle, or, if the vehicle has no trunk, in some other
area of the motor vehicle not normally occupied by the
driver or passengers.
A new Paragraph (E) is hereby added which shall read as follows:
(E) No person shall possess open containers of alcoholic
beverages or consume alcoholic beverages on public
streets, public parking lots, or on 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 authorizea by the City.
This ordinance shall become effective from and after its passage
and publication.
Passed by the City Council .of the City of Prior Lake this ____
day of , 1991.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the ____ day of
, 1991.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
I .
CITY OF PRIOR LAKE
ORDINANCE NO. 91-02
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 3, CHAPTER 1.
The Council of the City of Prior Lake does hereoy ordain:
Section 3-1-16 of Title 3, ChapteL 1, of Prior Lake City Code is
hereby amended by adding a new paragraph (E) which shall read as
follows:
(E)
No person shall mix or prepare alcoholic beverages for
consumption in any public place or place of business
not licensed to sell alcoholic beverages on-sale, and
no person shall consume alcoholic beverages in any such
place unless otherwise licensed within the provisions
of this title.
This ordinance shall become effective from and after its passage
and publica~ion.
Passed by the City Council of the City of Prior Lake this ____
day of , 1991.
ATTEST:
City ~anager
Mayor
Published in the Prior Lake American on the ____ day of
, 1991.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402