The URL can be used to link to this page

Home My WebLink About83-004CITY OF PRIOR LAKE ORDINANCE NO. 83 -4 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE, Liquor Control Ordi- nances, Sections 3 -1 -4, 3 -1 -5, 3 -1 -6, 3 -1 -7, 3 -1 -11, 3 -1 -13, and 3 -1-14 to comply with the current. State statutory provisions. The City Council of the City of Prior Lake hereby amends Sections- ! -� - - - 3 -1 r, 3 -1 -5, 3 -1 -6, 3 1 -7, 3 1 -11, 3 -1 - 13, and 3 1 -14 to read. as 4 ` follows: 3 -1 -4: CLASSIFICATION OF LICENSES; FEES: Licenses shall be of five (5) kinds: "on sale ", "off sale", special "club" .licenses, special !'temporary licenses and special "one -day con- t sumption and, display" permits. t; F; (A) "'On sale" licenses shall, he issued only to exclusive liquor stores and shall permit the consumption of liquor on the premises only. Special "on sale" licenses for the sale of intoxicating ' liquor on Sunday shall be issued only to hotels, restaurants and clubs as defined in Minnesota Statutes, section 340.07. All sales of liquor by such establishments shall be in actor- dance with Minnesota Statutes, section 340.14, subdivision 5. The annual fee for an "on sale" license shall be fixed by the City Council in an amount not to exceed the maximum allowed under State law, if so established. In addition, an applicant for Such a license shall _pay an investigation fee not to exceed the maximum allowed under State law. ' (B) "Off, sale" licenses shall,; be, issued only to retail es,tah- iishments to permit -the sale of liquor at retail.; the '' original package fob consumption of liquor off the prrq;ises.; The annual fee for an "off sale" license shall be` fixed . by the f3ity "bounca,L t +' an amount not to exceed the max''r,r��um,' allowed under 'State law, if so established. (C) Special "club" licenses shall be issued only to duly ncor-! porated bona fide clubs which have been in existence for fifteen (15) years or more or to duly incorporated congres -, i sionally chartered veterans' organizations which have been in existence for five (5) years and shall permit the 'retail '. sale of intoxicating liquors to members or bona fade ^quests for consumption only on the premises where sold. , The annual fee for a special "club" license shall be fixed';, R by the City Council in an amount not to exceed the , maximum ,; j ' allowed under State law, if so established. a� e i i. i' 1 �+eem r 4ekhNrhu'S•.t • "'c'+Y"✓4Y'T A?JA'w's -R ^x "' y- 'Wm"T4mGU"�rm' ^YCi'wi.:5'�. +n`fwR"tWr+iii'.,i^ ^.n^YI ^ % ^.P4i + (D) Special "temporary" licenses shall be issued only to - quali- 7 {f fied clubs or charitable, religious,,, or non- profit organiza- tions and shall permit the retail sale of non - intoxicating malt liquor for consumption only on the premises where sold, and not for resale in any form, to be issued for temporary stands, booths and counters used at picnics; celebrations and similar events. The daily fee for a special "temporary" license shall be fixed by the City Council in an amount not to exceed the maximum allowed under State law, if so established. # 1 (E) Special "one -day consumption and display" y permits shalll� # be issued only to non- profit organizations in conjunction with social events sponsored by those organizations, and shall allow the consumption or display of 'Intoxicating, li.qu,or and the serving of liquids for the purpose of mixing with �r intoxicating liquor, but shall not allow the sale of intoxi- cating liquor. The fee for a special "one -day consumption and display" permit shall be fixed ,by the City Council in an amount not to exceed the maximum allowed under State law, if so estab- lished. 3- 1 -5 :, APPLICATION FOR LICENSE: (A) Every application for a license to sell liquor shall be' verified and filed with the City Manager. Applications for "on sale ", "off sale "„ and special "club" licenses shall state the name of the applicant; appl'icant's age; repre,- sentations as to the applicant's character, with such refer- ences as may be required; the applicant's citizenship; whether the application is for an "on sale ", "off sale" or special "club" license; the business in connection with ; which the proposed license will operate and its location ;." i whether the applicant is the owner and operator,of the busi -. ness; brow long the applicant has been.. .n that b'usi;ness at that,place; and such other information that the Council may from time to time require. (B) Applications for special "temporary" licenses and special "one -day consumption and.display" permits shall state the name of'the applicant; the applicant's age; representations as t lcharaq,ter -, with such references as may be required; thepplicant's citizenship; the basiness in connection with which the proposed license will operate and its loca- tion; and ether such information as the Council may from �r time-to time require. s (C) In addition to containinq the information required by this Section, every application for license shall °be in the form prescribed by the Liquor Control Commissioner, and shall {_ comply with the requirements of Minnesota Statutes, section 34.0.12. No person shall make a false statement in an applica- tion. . i 3 -1 -6;- BOND AND LIABILITY INSURANCE REQUIREMENTS: k ! (A) Each application for license other than a special "tempo - rary" license or a special "one -day ; consumption and display" = permit shall be accompanied by an approved surety bond or, cash or United States Government bonds of equivalent market _ value as provided in Minnesota Statutes, section 340.12. Such surety bond or other security shall be in an amount to be specified by the City Countil, subject to the minimum and ,. maximum amounts specified in Minnesota Statutes, section `• ,.340.12. (B)' Each application for the issuance or renewal of a license other than a special "one -day consumption and display" permit, shall be accompanied by proof of financial responsibility With regard to liability %imposed by Minnesota Statutes, ; section 340.95. Fir ; anci,al responsibility may be demonstrated by filing with the City 'Manager proof of a liquor liability insurance policy or s;prety bond with coverages equal to > or greater than the amounts specified in Minnesota Statutes, section s40.11, subdivision 21, or a °deposit of cash or securities "with thY State Treasurer °in an amount equal to ., or greater than the amount specified in Minnesota Statutes, section 340.11, 5uk tivisi -on 21. The amount of insurance or bond coverage, or the amount of cash or securities -to be deposited, ,shall be specified by the City Council. V, (C) The security offered under this Section shall be appr<ved by the ° City' Coun�eil and, in the case z f the applicants for "off sale!'"'licenses, by the City Attorney. OperaPion of such "off' sale" or "on sale" liquor business without havinq' on fj.lg/ all times with the City an effective bond, i.nsur- ance policy or other security as required herein , shall be , grounds for' immediate revocation of the license. 3 -1 -7:_ PAYMENT OF FEES; TERM OF LICENSE: (A) Each application for a license shall be accompanied by a ; o receipt from the City Finance Director for payment, in full of the required fee for the license. All fees shall be paid s into the General Fund of the City. Upon- -bejection of any application for a license, the City Finance Director shal=l d refund the amount paid. Otherwise, no refund of any fee shall,be permitted except -as authorized under Minnesota Statutes, section 340.112. i () All licenses other than .special "temporary" licenses and special "one -day consumption and display" permits shall expire on the last day in June of each year. Each license shall be issued for a period of one year except that if a portion of the license year has elapsed when the applica- t tion is made, a license may be issued for the remainder of the year for a pro rata fee. In comput.nq such fee, any unexpired fraction of a month shall be counted as one month, Special "temporary" licenses shall he issued for a period of either one (1) or two (2) days. Special " one -day consump- t:ion and display." permits shall be issued: for a period of one day only'. 3- 1-11: PLACES,INELIGIIBLE FOR LICENSE: No license shall be issued'; for anyplace or for any business ineligible for such a license under State, law -, nor shall any license be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent or .unpaid. No license other than a special "'temporary" license or ,a special "one -day consumption and display" permit issued at the d,scretkon i of the City Council shall be granted 'within three hundred ,feet { ('300 of any school or within three hundred feet (300 of any church, i 3 1--13: HQURS OF SALE: i (A) 1.; It -shall be unlawful for any tavern oz any "on sale" ltic'u6 %stablishment or patron thereof to consume or to allow the consumption display ° or for consumption of alcoholic beverages, other than corked bottles on the back bar, on its premises, after one thirty o' clock (1:30).A.M._'(Ord, 77 -9, 12 -5 -77) 2. ,Except as provided in Section 3 -1 -14 hereof, no sale ' of intoxicat:i:nq liquor shall be made after one o'clock (1;00) A.M. on Sunday nor until eight o'clock (8:00) A.M. on Monday; nor between the hours of one o'clock (1i'00) A.M. and. eight o'clock ('8;0o) 'P.�M. on the day of any state - wide election. (1979 Code) 3. No "on sale" shall, be made between the ho*zrs of one o'clock (1:00:) A.M, and eight o'clock (8.00) A.M., on any ° we�k e d O - ,. _y. (`� rd. 77 9, 12 -5 -771 t A " before (8:00) No off sale" shall be made eight o'clock A.M. nor after eight o'clock (8;00) P.M.. on any day except Fr'iday and Saturday, an which days off-sale be made until ten o'clock (10:00) P.M. (Ord.. 78-12., 3 -1 -14: SUNDAY LIQUOR SALES; Upon application to the City Coun- cil for a one year period, such establishments as meet the requirements of Minnesota Statutes, section 3,40.14 and having paid an additional fee not exceedi,nq the maximum allowed under State law may secure a license to sell liquor on Sunday in accor- dance with Minnesota Statutes, secti�o 340.14. (1982 Code) Application for special licenses shaTil be made 'to the governLn q body of the City in the same manner as application for otlier licenses to sell itztoxicati.ng liquors are made. Licen shall be issued pursuant to Minnesota Statutes, section 340.,14 `tyi hotels, restaurants or clubs which have facilities for serving not less than thirty (30) guests at one time, and they may serve intoxicating liquor between the hours of ten o'clock (10:00) A.M. to twelve o'clock (12 :00) midnight on Sun- days in conjunction with the`servng of food only. U EFFECTIVE DATE: t Q This ordinance shall become effective from and after its passage ? and publication. _ i Passed by the 'Council this t t day of _ t 1983. { ATTEST: MIA a ayor Pukil i,s �. in the pC'i ty of Prior Lake Daily American on this r a� day of , 1983, a Prepared by: a Locomen, Nelson, Sullivan & Cole, P.A. Attorneys for the Cit of Prior Lake , fi a 1120 TCF Tower.. Minneapolis, Minnesota 55402 - (%1:2) 339 -8131