HomeMy WebLinkAbout98-20 ORDINANCE NO. ~98-2._~0
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The Prior Lake City Code, Title Three, Chapter 1, is repealed in its entirety and replaced with the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-t-'1. PROVISIONS OF STATE LAW ADOPTED.
The provisions of Minnesota Statutes, Chapter 340A, relating to alcohol, intoxicating liquor 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 cleady 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 liquor, malt beverages, and wine.
"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.
"Business": The business of selling alcohol or alcohol-related products.
"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 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": 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.
"Movable place of business": A business whose physical location is not permanent or is capable
of being moved or changed.
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"Off-Sale": The sale of alcoholic beverages in odginal packages for consumption off the licensed
premises only.
"On-Sale": The sale of alcoholic beverages for consumption on the licensed premises only.
"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.
"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.
"Temporary On-Sale Intoxicating Liquor License": A temporary On-Sale License for the sale of
intoxicating liquor issued to a club or charitable, religious or nonprofit organization for special
events on a limited basis.
"Temporary On-Sale 3.2 License": A temporary On-Sale license for the sale of 3.2 malt liquor
and wine issued to a club or charitable, religious or non-profit organization.
"Food Service": Table service of food other than prepackaged snack foods or foods reheated
in a microwave or toaster oven.
SECTION 3-t-3. LICENSE TYPES.
The following types of licenses shall be available for the sale of alcohol related products:
A. On-Sale Intoxicatinf:t Liquor License. On-sale intoxicating liquor licenses shall be granted
only to hotels, clubs (either private or public), restaurants, bowling alleys and excursion boats on Prior
Lake. A license shall be issued to congressionally chartered veterans' organizations 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:
Where the licensed premises is a free standing building, the building (exclusive of land)
must have a minimum valuation of $200,000 as established by the Scott County Assessors
determination of fair market value;
Where the licensed premises is located in a shopping center, office building, or free standing
structure, the licensed premises must provide seating and food service for a minimum of 30
guests at one time.
B. Off-Sale IntoxicatinR Liquor 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 Liquor/VVine License. On-sale 3.2 percent malt liquor/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.
58795.08 12/14/98 2
E. On-Sale Sunday 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 10:00 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. Temporary On-Sale Intoxicatinq Liquor License. The City Council may issue to a charitable,
religious or nonprofit organization, comprised of at least 35 members, in existence for at least three (3)
years or to a political committee registered under Minn. Stat. §10A.14 a temporary license for the sale
of intoxicating tiquor in connection with a social event within the City sponsored by the licensee.
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 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. §340A.409
and §340A.504, Subd. 3, paragraph (d). Temporary licenses must first be approved by the
Minnesota Commissioner of Public Safety before they become valid.
The City may not issue more than three four-day temporary licenses, four three-day
licenses, six two-day licenses, or twelve one-day licenses, in any combination not to exceed
12 days per year, to any one organization or for any one 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.
G. Temporary On-Sale Non-lntoxicatin,q Malt Liquor Licenses. The City Council may issue a
club or charitable, religious, or non-profit organization a temporary on-sale license for the sale of 3.2
percent malt liquor. No temporary non-intoxicating malt liquor license may be issued for the sale of
alcoholic beverages in any school or on school grounds.
SECTION 3-1-4. LICENSE REQUIRED AND PROHIBITED SALER,
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.
58795.08 12/14/98 3
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, prehibited by Federal, State, or other local law,
ordinance provision, or other regulation.
C. Instructional Proqram. Other than temporary licenses issued under Sections 3-1-3(F) and
3-1-3(G), no person shall be issued a license or renewal license to sell alcohol-related products unless
the applicant for a license has a program for instructing all employees at the business premises subject
to the license, 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 from
every customer who appears to be under 27 years of age. The training shall include information that
the sale of alcohol-related products to minors is illegal, explains 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 dudng the license
period shall participate in the training prior to serving or selling any alcohol re~ated product.
SECTION 3-'1-5. APPLICATION FOR LICENSE.
A. Application. 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 Accompany Application. At the time of application, the following must be
provided by the applicant:
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.
Investiqation Fee. Other than applications for temporary licenses issued under Sections 3-1-
3(F) and 3-1-3(G), all 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 cost
thereof, pdor to consideration of the license application by the City Council.
58795.08 12/14/98 4
Le.qal Documents. All applications shall be accompanied by copies of each summons
received by the applicant under Minnesota Statute Section 340A.802 dudng the preceding
year.
General Liability Insurance. Proof of financial responsibility shall be given by filing a
certificate that there is in effect for the license pedod an insurance policy or pool providing
at least $500,000.00 of coverage because of bodily injury to any one person in any one
occurrence, $1,000,000.00 because of bodily injury to two or more persons in any one
occurrence, $500,000.00 because of injury to or destruction of property of others in any one
occurrence, $500,000.00 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. The insurance policy must provide that the insurer will provide the City with
thirty (30) days notice prior to the termination of insurance or any change in insurance
coverage.
5. Workers' Compensation Insurance. The policy limits for workers' compensation insurance
shall be as provided for by state law.
Financial Responsibility. Liquor licenses shall be issued, maintained, or renewed only if the
applicant demonstrates financial responsibility as defined in Minnesota Statute Section
340A.409 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 related products without having on file with the City effective proof of financial
responsibility is subject to the provisions of Section 3-1-10(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 wdtten 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.
58795.08 12/14/98 5
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.
The applicant has been convicted within the past five (5) years of a violation of any
provisions of this Chapter or a violation of a Federal, State, or local law, Ordinance
provision, 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)
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.
B. Exception. 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 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.
58795.08 12/14/98 6
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 July 1 to June 30.
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 grounds for revocation of the license.
SECTION 3-1-t0. 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 Suspension. 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.
The license holder, its owners or employees has violated a special condition under which'
the license was granted, including, but not 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, on the premises or in the surrounding area.
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.
B. Automatic Suspension. Any license issued under this Section shall be immediately
suspended without further action by the City Council, for any of the following reasons:
1. Lapse of required dram shop insurance, or
2, Lapse of security provided to the City.
58795.08 12/14/98 7
C. Automatic Revocation. Any license issued under this Section shall be immediately revoked
without further action by the City Council, for any of the following reasons:
1. Upon written notice from the City Manager of the mistaken grant of a license.
Expiration or cancellation of any required insurance, bond or other security or failure to
notify the City within a reasonable time of changes in the term of the insurance or insurance
carriers.
D. Notice. Notice to the license holder from any insurer of the lapse of insurance, lapse of
bond, or withdrawal of security shall 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.
E. Effective Date. Except as provided in Sections 3-1-10(B) and (C), no revocation or
suspension shall take effect until the license holder has been afforded 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 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 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-t-t3. RIGHT OF INSPECTION.
A. Premises. Any Prior Lake police officer, City official, or any properly designated officer
displaying proper identification shall have the unqualified dght to enter, inspect, and search the premises
of any licensee hereunder without a warrant, dudng 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 retums,
shall be available for inspection by the City at all reasonable times upon written request.
SECTION 3-t-t4. MOVEABLE PLACE OF BUSINESS.
No license of any type shall be issued for any movable place of business, including but not limited to
kiosks or trailers. "Movable place of business" does not include golf carts when used on golf course
property, excursion boats on Pdor Lake, or any movable structure when specifically permitted by the City
Council under Section 3-1-15 herein.
58795.08 12/14/98 8
SECTION 3-1-15. OUTDOOR AREAS IN ON-SALE ESTABLISHMENT,~.
All outdoor areas in On-sale licensed establishments are subject to the following limitations:
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 portions thereof without
a permanent or temporary license approval from the City as provided herein.
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.
4. Customers shall not be allowed to occupy the outdoor area in numbers greater than the
seating capacity permits.
5. No bar shall be located in an outdoor area except a service bar for the exclusive use of
employees.
6. The license holder shall provide 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 remainder of the premises or
through the property controlled by the license holder.
No sales of alcohol-related products may be made on any public sidewalk or pdvate 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 establishment.
SECTION 3-1-16. OBSCENITY AND NUDITY:
No liquor licensee shall:
Employ or use any person in the sale or service of alcoholic beverages 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 subsection (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;
58795.08 12/14/98 9
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;
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:
1. No licensee shall knowingly permit the licensed premises or any reom in those premises or
any adjoining building directly under the licensee's control to be used by prostitutes.
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 t!3ereof can be legally made.
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.
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 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 Chapter pursuant to Section 3-1-
18.
D. 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 ($2,000) Dollars for violation of any provisions
of this Chapter or the laws of the State of Minnesota as follows:
1. Presumptive Civil Penalties.
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
58795.08 12/14/98 10
suspending or revoking a license or imposing a fine for a violation of this Ordinance, the
Council will provide wdtten 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. Presumptive Penalties for Violations The minimum penalties for civil violations as
determined by the City Council must be presumed as follows (unless specified, numbers
indicate consecutive days' suspension):
Appearance
Type of Violation I 1st I 2nd I 3rd I 4th
1. Commission of a felony Revocation NA NA NA
related to the licensed
activity
2. Sale of alcoholic Revocation NA NA NA
beverages while license
is under suspension
3. Sale of alcoholic 3 6 18 Revocation
beverages to under-age
person
4. Sale of alcoholic 3 6 18 Revocation
beverages to obviously
intoxicated person
5~ After hours sale of 3 6 18 Revocation
alcoholic beverages
6. After hours display or 3 6 18 Revocation
consumption of
alcoholic beverages
7. Refusal to allow City 5 15 Revocation NA
inspectors or Police
admission to inspect
premises
8. Illegal gambling on 3 6 18 Revocation
premises
9. Failure to take reasonable 3 6 18 Revocation
steps to stop person from
leaving premises wis
alcoholic beverages
10. Sale of intoxicating liquor Revocation NA NA NA
where only license is for
3.2 percent malt liquor
58795.08 12/14/98 1 1
E. MuRiple Violations. At a licensee'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 licensee. The Council in
that case must consider the presumptive penalty for each violation under the first appearance column
in subsection (B) above. The occurrence of multiple violations is grounds for deviation from the
presumed penalties in the Council's discretion.
F. Subsequent 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. Subsequent Appearances. 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. Computation of Appearances. 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.
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.
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
to suspend the license up to sixty (60) days, revoke the license, impose a civil fine not to exceed two
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 Section 3-1-18.
Penalties imposed under this Section do not require a prior criminal adjudication.
J. Reinstatement. A license shall be reinstated following expiration of the suspension period
upon payment of all f'mes 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.
58795.08 12/14/98 12
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 DENLa~ OR VIOLATION
A. Hearing. Following receipt of a notice of denial issued under Section 3-1-12 or a notice 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 Ordinance, the Council may affa-m 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.
SECTION 3-1-19. CRIMINAL VIOLATIONS AND PENALTIES.
A. Criminal Violations: License Holder and Emnlovees. As set forth in Minnesota Statutes
Chapters 340A.503 and 340A.701 to 340A.705:
1. 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.
It shall be a gross misdemeanor for anyone under the age of twenty-one (21) 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.
B. Criminal Violations.
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:
58795.08 12/14/98 13
a. to perform work for the establishment, including the serving of alcoholic beverages,
unless otherwise prohibited by statute;
b. to consume meals; or
c. to attend social functions that are held in a portion of the establishment where liquor is
not sold.
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.
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 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.
B. Criminal Enforcement. Upon discovery of a suspected violation of any Section of this
Chapter, the City Police or other appropriate authority shall issue a criminal citation to the individual
offender and licensee where appropriate.
SECTION 3-1-20. AFFIRMATIVE DEFENSE.
A license holder may reasonably and in good faith rely on proof of age as described in Section 3-1-
19,(B),(4) of this Chapter, in making sales of alcohol-related products. In every appearance before the
City Council for a violation of the provisions of this Chapter 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 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
58795.08 12/14/98 14
identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty
of a civil violation of this Chapter and, when proven by a preponderance of the evidence, shall be
conclusive evidence that a violation, if one has occurred, was not wilful or intentional.
SECTION 3-1-21. COMPLIANCE CHECK~q.
All licensed premises shall be open to inspection by the City police or other authorized City officials
during regular business hours.
A. Annual Compliance Checks. 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 pumhase alcohol and alcohol related products.
B. Minors. If minors are used for compliance checks they shall not be guilty of unlawful
possession of alcohol 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 minors age asked
by the licensee or his or her employee and shall produce any identification for which he or she is asked.
SECTION 3-1-22. EXCEPTIONS.
All license holders at the time of the passage and adoption of this ordinance are specifically exempt
from the requirements set forth in Section 3-1-3(A). Said exemption shall remain in effect so long as
the license holder meets all other applicable requirements and provisions of this Chapter.
SECTION 3-1-23. SEVERABILITY.
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
PASSAGE AND PUBLICATION.
,1998, FOLLOWING
58795.08 12/14/98 15
ADOPTED this
21st
__ day of
December
, 1998, by the City Council of the CitY of Prior
YES NO
Mader x Mader
Kedrowski x Kedrowski
X
Schenck Schenck
Wuellner x Wuellner
Petersen x Petersen
CITY OF PRIOR LAKE
m kL
Frank Boyl~ Iv/anager
Made'r; Mayor
58795.08 12/14/98 16
ORDINANCE NO. 98-20
CITY OF PRIOR LAKE
SCOTT COUNTY, MINNESOTA
AN ORDINANCE REGULATING
THE
SALE OF LIQUOR ~.
THE ~t't'Y COUNCIL OF THE CITY
OF PRIOR LAKE ORDAINS:
Chapt~ 1, is repealed in its ent~ety and
replaced with the following: ·
SECTION 3-1-1· PROVISIONS OF
STATE LAW ADOPTED. '~:'~':
The provisions of Minnes0ta Statues,
Chapte~ 340A, relating to alcohol intoxi-
catins liquor and non-intoxic,~ti~g ~uor
,doped and
nanc~ as ff ret fodh fully hereUntO'pt to ~!
the extent the provi~ons of th~ ~
l~nn~sota statues,
dist~ud0n, and con~-~.-~on ~f intc~i-
adopted and made a p~t of tl~ Chapt~ ~
~f set out ill ftdl.
SECTION $-1-2.
The following words and terms When
used in this section shnll have the f~llov~ug
meanings unless the context cl ~ear~ indi;:
"Alcohol ~elated preducf': Any food
or beverege coDt~n~n E more than ons'hnlf
of one PerCent (0~%) alcoholby~olume,
including but not lim~ted to li~, malt
bever~ges~n~ ~, _
hexein, who completes o~sisns an ~;
t~on for · license to sell alcOhol-relator
products incllviduallY o~ on behalf of a
,, · :
'Business The business of selling
alcohol or alcohol-rehted lm:)dUCts:
"Exclusive IJquo~ Store":'An
ucts ~ consumption off of the p~s
and does no~ sell food o~ food related
· .'lntomca~ng tiqu~. Ethyl alcohol.
malt berm'ages ~on~ mol~ than thran
and two-tenths percent (3.2%) of alcohol
by weight.
'9.~enred F,~": The ptemireS
tion. In the eaan of on-sala Hcenses located
on a golfcourse,'~qicemed~
the entire golf '~oorse e~ for areas
whe~moUx~ehicles arereim!~,~.vpmied
products. FO the Purposes of compliance
with the re~ns set foflh, in this chap-
employees of the license holder.
' dovable pl e 0r busineSS"i A usi-
ness whore physic~ locallon is not'per-
manent or is capabl~ of being moved:or
' n'* · e '
t~on off the tic~s~d ~ 0 ~nlz~
ismed fo~ the snle of 3.2 mah lkl~r And
winenot e~Ung fom~nper~(14~) ~
alcohol by volm~,e, fc~ consutn~on~on
withthesalaoffood. . .t- ~'~ '
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Scott )
Stan Rolfsmd, being duly sworn, on oath says that he is the publisher or the authorized agent of
the publisber of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior
Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended.
public notice that is attached to this Affidavit and identified as No~
(B)
The
printed
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghij klmnopqrstuv~ /~
B Y :,~ ~/~ t ~/~,0sVr u~Lg e r
or his designated agent
Subscribed and sworn before me on
Notary Public
1999
RATE INFORMATION
Lowest classified rate paid hy commercial users for comparable space.... $ ] ].50 pcr column inch
Maximum rate allowed by law for thc ahovc matter. ................................ $ ! 1.50 per column inch
Rate actually charged for thc above matter. ............................................. $8.78 per column inch
"Person": One (1) or'more natural
persons; aperthership, indud~n, g alimited
pal~ership; a coxporation, including a
foreign, domestic or nonprofit cozpOia-
lion; a [rust; a political subdivision of the
State; or any other bnsine~s urganlzation.
"Tempora:y On-Sale 3.2,Lic~. Rse": A
tempor m'y On-Sale license fo~,~ Sale of
3,2mastliquor and wine issued to a club or
ch mtitabl~, religious or non-~6fit o~iani-
zafion. ' =
"Food Smvice': Tablesarviceoffond
other than prepackagnd'suack foods or
foods reheated in a mic~w ave or Waster
oven. ~. ~
SECTION 3-1-3. LICENSE TYPES.
The following types of liCense shall be
available for the sale of alcohol related
products: ~
A. On-SaSe Intoxicating .Liqtter Li-
shall be granted only to hotels,,' ~inbs (ei-
ther ~dvate or public), restaur~ts, bowl-
ing aneye and excursion bunt~ on Prior
Lake. Alicense shall be issued ,W congres-
sionallycbextered veterans' ~ganizat/ons
ff they have Been in existence for at least
tinge (3) yea~s andliquor sases Wfllonly be
Wbe~e'th~ licii~sed~l~h~ie~ it~
standing building, the building~cxclnsive
of lend) must h eve aminimum valuatinn of
$200,000 as established by _~c Scott
County Assessurs determination of fair
marketvasue;
Wbere the licensed premises is looated
in ashopping cemer, ~ffice bcilding, or free
standing stnscmre, the licensed premises
must provide seatin§ and food/ervice for
· mlu~mom of 30 guests at one lime.
B. Off-Sale Intoxica~ingLiqnor Li-
cense. Off, sale intoxicating liquor licenses
may be iesued to an exclusive liquor store
und shall pennlt off-s ale o f alcoholreinted
products. -
C. On-Sale ~.2 Percent Malt Liquor!
Wine License. On-Sase 3.~ ~eruent mast
liquor!wine licenses (heseinaf~"3.2Avine
license") may be issued to restaurants,
congressinnally chartered vets~ans'
nlzations, and hotels where food is pre-
pared and s~ved for consumption on the
premiser only. An on-sale 3.2Jwme li-
cense may be issued only to a~estanrant
having fasilities [er seating atlexst twenty-
five [25) guests atone time.
D. Off-Sase 3.2 Pewent Malt Liquor
License. Off-sale 3.~ pe~cont mast liquor
license may .be issued to general foo/~
st~es and drug stores and permit thc sale
of 5.2 percent malt liquor at retail in the
origi_n_ as package for consumption ~ff the
pr~,m~er only. -
E. On-Sale Sondey Liquor License.
On-sale Sunday liquor lican~es m~y be
issued to a hotel, bowling alley, club. or
inns than thirty (30) gnerts et one t/me.
which an on-sale intoxicating license has
been issued. Such license may pemsit the
sale of liquor to be consumed ~'n thc
raises between thc hours of 10:. 00 a.m. on
Sunday and l:00 ~. un Mon~dly in con-
junction with the serving of foodprov~ed
that the licensee is in con fomlance with th~
Minnerota. Clean Air Act a/Id pwvi,d~, a,
public hearing is held prior tdlthi
oflhe license. No Sued aylicunse is needed~
P. 'l~mporery un-~alc loron~c,.ar~n~ g
.Liquor License. The City C0un~Dfl~
munro acha~itable,religious or~10np~bfi~
organization, comprised of at;!e~st~.35
members, in existence fur atle~fit thr,e~,i(~
under Minn. SteL Section 10A. l~4
porary liceme for the sase c*fi~t6~c~t~
liquor in coooection witha SOcias ,~v~&
within the~ C.?y~p~,nsored by theliuenlee.:
[. The license may unthorize the sale
of alcohol-related products f& not more
than four (4) coaseon~ive days, and may.
authorize sales on premises oth~ than
premises the licensee o~ns or pom~-
nentiy occupies. The license may provide
that the licensee may con,act fns cat~ing
se~ices with the boM= of a fnll-yeer on-
sase liquor license issued by the City. The
licenses aresubjact to the tem~,inchdiag
license fee. imposed by the City. In addi-
tion to any tm~s and conditions that the
City Council may impose as a conditioiis
of approvas for a temporary un-sale li-
cense, the licenses issued under this Sec-
~ion are subject to alllaws and ordinances
· governing the sule ofascoholrelatedprod.
ucts except Minn. StaC Section 340A.409
und Seclion 340A.504, Subd. 3,pera~raph
(d). Temporery licenses must first be
or blic Saetyberoseth. y bncom J hy :
~. Thc Cit,zmay n°t~ssues m0~th~: '
~ [our-day thmporery licenses, fo{~
~ran-da7 lictors, six two-da7 licenses,
or twelve one-day licenses, in any combi-
nation not to exceed 12 days pe~ year, t~
any one organization or [or any one loca-
tion. No more than onc te. mporarYlicense
may be issued to any one organizati6n'0r
for any one location wishin any 3~ da7
p~ioct unless the licenser are ]ssued in
connection with an official commtmity
festival, designated as such b~; the City.
G. Temp~a~y On-Sale Nbn. Intoxi-
caling Mast Liquor Licenses.' TM; City
Council may issue a club or cherit~.,~le,
~eligious, or nonlprofi~nsgnnlzatiun i~an-
porsa'y on-~d~ ii. me f~r the sal~ of 3.2
l~a~nt malt liqnor. No t~apon~ non-
.intoxicating malt liquor license may be
issued for the sele of alcoholic 5e~'ages in
anYachool°ronsub°°l~on~d~.= I" -
SECTION 3-1-4. LICENSE RE~
QU]RED. AND PROItlBI'I~D SALES
A. Liceme. N° persun shall kns~ roi
retail sale seli et re~il or other~s~ dis-
pense any,ascohol~lated pmdnc~ ~ ~i~
place in ~he City without thcat obtasnin~'~ i
licans~ andpay~ng all. nsc fue. Sd~fi~
except es o~t~vise provided hl Mliiu/-.
sota Statutes Chapter 340A ~hall directly.
or indirectly deaS in: sell, kanp for sale'ur
deliver any intoxicating liquor, 3 .~ pc/cent
liquor maSt ~iquur~ or wine as por~ 9f
c0mme~cialtransuctiOU withoutfirs~av-
ins received alicense to do so as provided
in this Chapt~; uer shasl any person,
directly or indirectly, or upon any
tense or by suy device, allow the con.
sumption or display ofintoxicath~g liquor
or serve any liquor for the pu~os~
mixing with intoxicating liquor without
first obtaining e lionnse from the Cit~ as
provided in this Chapter. Every license
issued p~sunnt to this Chapter is subject
.to the conditions in the foRowing subsec-
tion and of uny other appli?ble urdinance.
state law or regulation.
seR, offer for saSe, give away, furnish, or
otherwise deliver uny aScohol or alcohol
related D'oduct:
1. Without first having received a ll-
cense to do so as provided in this Chapter.
2. To any person undor the age of
twenty-one (21) years. . , ,
3. By any means, or to 'a~' o~.hef
person, pwhlbitod by FederaS, Steto. or
other incas law. ordinance pwvision, or
other regnlatiun.
C. Ins~rnctionaS P~o~ram. Other than
tempor~y licenses issued onder Sections
3-1-3(N) and 3-I -3(G), no person shall be
issued a license or renewal license to ieli
aScohol-rasated products unless ~be appli-
cant for a license has a pro,ram for in-
sh-ncting all employees at the busine/s
Pranlises subject to thelicense, in th~legas
requiremenCs pe~asning to thc se!.e 91aSce-
hol-reteted pwduets, including, but not
limited to, reviewing the law on the sale o f
alcohol-rela~tproducts, pwviding'info~;
piins what proof b'f ~e 'is Iegali~' icieSt-
able, and that a ~ale to a minox can subjec, t
the applicant or license holder ar/d~their
employees to oriinloaS snd/or civil lil/~[l-
Sty. At the request of the City, a license
holder or applicant shall pro vide copies of
wrinan and other materials used in counec.
.tion with the program. No licensc'shasl be
~s, sued u[J? the applicent or license holder
sxgns a City form attesting that each
ployee of the aPplicant or license holde~
h as received ealnlng and instructiog on the
sale of alcohol-related products and thi
date such ~alidng occurred. Any new
empio yue of the license holder who begins
employmant during the license period shall
participate in the training prior to serving
or selling any ascohol releted ~oduct.'
SECTION 3-1-5, APPL~I~ATION
FOR LICENSE.
A. Application. An aPplication for a
liceme to sell ascohol related products
shall be made on a form prOvided by the
City. The application shall include, bulls
notlimited to: the full name and age of the
~pp.licant, the applicant's residential and
nsiness address and telephone numbers,
the name of the proposed license homer,
/he buslnes s loc atio n for which the license
is sought, the type of l/cense aPl)l/ed for,
and such other information as the council
shaslrequ/re from time th time. No person
shall mske a false statement in an aPplica.
lion, The completed aPplication dong with
the ,,d,0?umants described ~ shall be
sub~/~mtt~ the City Matiage~ 6r de2iguee
for approvaS by thc City Coun¢li. ".-~-
B. Do¢on~nts to Accompany A~pli-
catidn. At the time of aPplication, the
following must be provided by the appli-
1, License Fee. Each application for a
license shali include proof of payment of
the license fee The license fee shall ~e
determined by the City Council. License
fees. are not p~ratod. If the license appli-
cation is sejncted or denied, the City shall
return the license fan only, except where
rejection is for a wiilfifl miestatemuntin the
license application.
2. Investigation Nee. Other than appli-
~ cations for temporary licenses issued un-
der Section 3-1~-3(F) and 3-1-3(G), all
applications for an initiallicense or trans-
ferofan existing license shall al~ include
.payment of an investigation fee of Fiv~
t Hundred ($500.00) doila~.Ifaninvestiga.
tion outside of the State of Minnesota is
required, the aPplicant .shall pay the cost
the~cof, prior to consideration of the li-
cense applicatiun by the City CouncO.:
shall be accompanied by copies of each
stlmmol~ received by the appilcant under
Minnesota Statue Section 340A.802 dur-
ing the preceding year..
4. General Liability Insurance. Proof
o f financ/alreaponsibility shall be given by
filing a c~tiflcato that there is in effect for
the license period an insurance poticy
poolla'ovidlng at least $$00.000 of cove,-
age because of bodily injury to any one
person in auy one ocenn-ence, $1.000,000
because of bodily injtw/to two or more
l~gsons in any one ocotm'ence, $500,000
because of injur3' t~ or destruction of
property of others in any one occur~'ce,
$500,000 for loss of means of sUppofLof
auy onepetson/n auy one oceutrense. ~d
$1,000,000 for luss ofmenns oi~ppo/t of
two or more persons in any one occur-
rence. 'l~ne insurance policy m~t g~0vide
that the insurer will l~OVide the City
flfi~'y (30).days nqt/ce ga/ur to the ~'mi-
nat/0'n ofinsur re_de ~x auy chaugein insur -
5.Woflc~s' Comports ation Inourmce.
The policy limlis fur wurket s' compensa-
tion insurance shall be as provided for by
sta~ law.
6~ Finaucid Respousibih'ty. Liquor
linen~es shall be issued, maintained, or
renewed only if the applicant dem~n-
st~ai~ financial ~'ponsibility as defined
in Minnesota Statute Section 340A.409
for the applicaut's liability undur
sotu Statuto Sactlun 340A.801 (Dramshop
liability). Such proof of financial ~e~pon-
sibility shall be filed with the Minnesota
Commlssinno~ of Pubil¢ Safety aud a copy
filed with the applicalion for alicense. The
sale. of alcohol related pwdnots without
having onfile with the City effeclivnproof
of finaudalreapunsibility is subj eot to the
pwvialons of Sec~iun 3-!-10(c).
C. Action. If the City Mallager dot.-
mines that au application is incompleta or
without l~oper supposing documenta-
lion, he ur she shallreturn the application
~ the applicant withnoline of the deficinn-
The City Manager shall review the
application, suppoffdng documents, and
the result of a back/round investigation.
and may recommend to the City Council
eith~ approval or denial o f the licenso, or
any recommend the City Council delay
action for such reasonable period of time
to permit the City to complete any eddi-
tional invesligalion of the application or
~he applicaut 'deemed necessary. Follow-
City Council shall review the applicalion
and suppurting documents and shallhear
tastimony from any person who requests
to behenad fof of a~ainst the grentingofthe
license. After the invosli~atiun and hear-
ing, the Council shall, in its discretion,
$raut ur deny the issuance of the license.
No "on-sale 3.2~ine" license of "off-
sale" license shill become effective until
approved by the commissioner of public
safety. The City Council may impose
reasonable conditions on the issuance of
any license to pwtect tho public. If the
City Council approves the license, and all
required approvals are received by the
City. a license shall be is sued to the appli-
cant. If the City Council denies the appli-
calioh, a notice ofdenlalshallbo sent to tho
applicant at thebusiness address provided
on the application along with the reasons
for the denial. If a license is mistakenly
issued or renewed to an applicant or ll-
cense holder, it shall be revoked by the
City Manager upon the discovery that the
person, applicant or licensg holder was
inoli~ible for the license under this Section.
or renewed if the results of the background
revest/gat/on show that issuance would
not be in the public interest.
SECTION 3-1-6. DENIALS.
A, The following shall be grounds for
, denyii~&the issuance, ~ansfer,,or~enovffal
I Th:g ~uplicam is'under ~be
twenty,ope ,(21) years ~, ·
2. ~e ~plicaut h~s I~n~c~nv~6~c~
within the.pest five (5) years of a viola~fiun
of any in, visions of this Ch4p..ter ~r a
violation of a Federal, State, or ol~'cal la'w,
ordinance provision, or other re~dlatiun
relating to alcohol or related
3. The applicant or license holderhes
had alicense to sail aicoholrevoked y/i~hin
the Pr?ceding five (5) years of the date of
applidatton ' :'
4. The applicant faiis W'pw~de'~y
information required on the Cit,,license
application, or provides false ur
ing information.
5. The applicant 6tliceits~ hold~h~s
outstanding fines, penalties
taxes owed to the City.
6. The app]icent is directly or
rectly the owner of any'current liceflse
issued under this Chapter.
7. Theplace of the licensed business is
ineligible for alicense under state law or'the
City Code. (Minn. Stat. 340A.;112 or
340A.301).
g. Taxes. essessments fines or other
financial claims of the City are delinquent
and unpaid es W the premises to be ll-
9. The premises to be licensed is lo-
cated within 300 feet of any church' of
school.
10. Iris impractical to conduct a back-
ground and £m anci~l investigation du9 to
the unavailability of information.
11. The applicantis horn/good m~ral
character and repute.
B. ILxcaplion. No license shali'~e
granted for operation~on any premises on
which state, city of county tsxea, essess-
ment~, fines of otherfinauciaiclaims of the
state, city or county are delinquent and
unpaid. Notwithstaud/ng the foregoing,if
the delinquent taxes, essnssments, fmcs or
financial elahns are against alaudownor,
au~ the applicaut or license holder in the
case of arenewaL is a tenant of landowner
and has no financial interest in landowner,
then the City Council may, in its disore-
tion, but shall not be requ/red to, gxaqt a
license~ to an applicaut so long es
applicant is not delinquent on any taxei, '
set forth herein.
· S_~CnON ~.-1-.7. ~a~mWnts.
inn renewal or a license under
Sect/on shall be handled in the same mab-
nor es toe origin al applical/on. Any person
intending to apply to renew al/quorlicen~e
must submit a renewai application, 0i
form provided by the City, and pay the
applicatin~l and license fee. A licei~ i~-
nowal applicat/on, and license fee mnst]~ -
submitted to the City no later than f~-
five (45) days prlor to the exp/rafion of the
ordinance shall be considered a privilege
and not an absolute right of the applicant
and shall not ent/tie the holder to an auto-
matic renewal of the license.
A late f~ of Fifty Dollars ($$0.00)
will be impnsed °n anYlicausee wh° f '~aji~
to submit a timely renewal applicalioi~~
All licenses are issued for a period of
luly 1, to June 30.
SECTION 3-1-9. TRANSFERS.
shall be valid only on the business
raises for which th~ liceme ~es issu~l iald
only for the person to whom the licon~
was issued. No Iransfer of any licens~ to
another location or person shall be valid.
without th~ lnior approval of the ~ity
i Council. Any sale 0r irafisfer o~ st0ck ~ a
corporate licensee is deemed a trausf~6f
the liceuse,~which, without Council
provai, is grounds for revocation Of
sEcnoN, 34 -~0..R~V6CATiON '
AllliCau%~ issffed by the City~ he
revoked or Sus~nded by the methods set
~ A.' Gfounds'·for,Rnvocalion
suap~nd~ fns
The licunse holder, its ov}ners or em;
Pc~Oyens hes violated any ~ection of ~
Tbe license holder, its owners of em.
ploynes has viohted any applicable dvil
The licunre h01de%.its oWners of em.
pinyons hes violatod~a apacial condition
under which the license wes ~autod, in-
cluding, but .not limited'~to, the timely
paymeut of lZaf estate taxes aud ail other ·
charges.
The license holder, its owners of em-
ployees hes viohtad a Federal, State or
local law regulating the sale of aicohol
rel~tedpwducts or con~olied substances.
The license bolder, its owners or emf
ploynes has ~ a public nuhaune, as
described in the City Code, on the f~-
raises or in tbe sun'oundlng erda.
- The license holder, its owners ur nm-
pinyons hes se.ffered or pennittod illegal
acts upon tho li~nsed fa~mises of on
taopen'y owned enni~olied by, or adja,
cent to the lineused premises, ueralatad to
the sale of alcohol related ln~inots.
The license hold~, its owners of em-
ploynes hes knov)]~lge oflilagal acts upo/~
or attributable to the licensed premises,'.
but hes failed to report the same to the
police.
B. Automa~/c Suspension. Any li-
cense issued under this Section shall be
inunedlately suspended without fuflh~r
· abtion by tho City Council, for any Of the
foilowingrnssons: · -, . ]
Lapse of requi~ed dram Shop i~ur-
Lapse of security provided'tu the
City
C. Automat/c Revocation. Any licause ·
issued under thls Section shall beimmedl-
ately revoked without fur'ther action by
· the City Council, for any of thefoliowing
Upon writ~n notice from the City
Manager of the mistskun ~ranto~k]~cause.
Expiration of caucaliat/on oYauy re-
quired insUrauce, bend of 0thor Secia'/tY°r
failure to notify the City within a ~nsson,
ably dme of changes in the tsnn Of the:]
insurance ur insurance carders. ' . .:
D. Notice. Noilce to the license hotclor
:fr0m anyinsa~ero.f thelapr~ofinsurapc~;
.~lapse 0f, bOnd;~r.sgithdiawil~0f~'t}'
'/~t~nll also serve as notice o~the suspet~sion
of the license. A suspension or revocation
under this section shall be effective until
the City Council determines
ments of this ordinance bare again'been
£. Effective Date. Except as l~ovided
in Section 3-1-10(B) and (C), no revune-
tion or suspension shall take effect ~til
the license holder has bcon afforded an
opportoni~ to be heard by the City Coun-
cil pursuant to S~ction 3-1-18 h~ein.
SECTION 3-1-11. NON-EMPLOY-
EES ON PREMISES.
A licefisee shall not allow non-em-
pinyees on the business premises foun
twenty (20) minutes after the sale of~lcu-
hol~alated products is prohibited until the
tar provided. Nun-employee~ll~
on thepremises of a hotel,rer ta~ant, ciub,
or bowling dl~y ~On-salelklun~lic~n~es
~nd on-sale 3.2~ine llcensees~ ;during
normal hours of o[~ation. During the
hoors that the sate of alcoholrelatedprnd-
ucts is prohibited, there may be no sale.
consumption, or display of alcohol ~elated
products. The licensee shall close off all
access to alcohol r~lated l~Oducts or any
bar areain a mannor ~proved by the Cit~.
SECTION 3-!-12. DISPLAY.
Every licens~ shall be conspicuously
posted at the place of business fer which
the license is issued and shall be exhibited
to any person upon r~qanst.
SECTION 3-1-13. RIGHT OF IN-
SPECTION.
A. P~mises. Any P~lor Lake police
officer, City official, or any l~perty das~
ignstad offic~ displaying proper idantifi-
cation shall haw the unqualified right to
enter, inspect, and search the premises of
any licensee hereunder witho ut a w~rant,
during business hours or when owners,
managers or other employees are located
on the premises.
B. Records. The business records of
the Iloensee, inclnding Federal and Stata tax
xemms, shall be avaiinbic for inspectiun by
the City at all reasonably times upon
written request.
. SECTION 3;1-14. MOVABLE
PLACE OF BUSINESS.
No license of any type shall be issued
for any movabte plece of business, includ-
ing but not limited to kiosks or t~ail~rs.
"Movable pince of busiunss'~does ngt
include golfc~s when used on gott course
property, excursion boats on Prior La~,
or any movable structure when sPeCifi-
cally permitted by the City Council under
Section 3-1-15 herein.
SECTION 3-1-15. OUTDOOR AR-
EAS IN ON-SALE ESTABLISH-
MENTS.,
All outdoor areas in On-sale licensed
establishments are subjuctto the following
. Ever~ outdons area mnst be apprOved
as part of tho originalliceusedpremises or
by the granting o f an application for expert-
sion o f tbe license premlses. No salns may
be made nor may alcohol~elatedproducts
bn consumed in parking lots or any pgr-
lions thereof without epe~msnent or tem-
porary license approval f~om the City as
p~ovided he, em
- Regardless of the type of'li-~ is-
sued to an outdoor area. the City Council
may r~gulate and restrict the hou~,-days,
nature, volume, and o thar aspects o/enter.
tainment in any outdo~ areato~the
safety ~nd welfare-~fresid-~,'~
and other uses nee~ the estab~t'
The City Council may.autr~l!~, an
ertablishmant~o conduct entortal~ent
not otherwise allowed undor its in
an outdoor areabypennit
special events. Such
shall be issued for a
City Coan~il.
Customers ihall not be
ccoupytheoutdoor
than
No bi
. m'eaanleas as a:
use of employees.
" Thelicense hold, shall
service to the outdoor ~ea
of operation of the outdoor s
Access to and f~om ~
shall be thmug]
raises or through the property
by the license holder.
No sales Of alcohol-relat~l p~ct~
may be made on any public sidewa~ or
private prope~ open to the public for
passageway purposes except as specifi-
c~ly auth .o~eed by the City Couni~L The
City Councilmay regnlata and l~e~.the
hoers, days, natu~, volu~, iii~l,:6alar
aspects of sales in these arees,:~%d
require the license holder to ~ i~su~-
ance naming the City as an a&litional
iusu~d, to Protect the safety and wettare
of residents, businesses and othar~usas
nearby the establishment
SECTION 3-1-16. OBSCENITY'
No liquor licensee shall:
or Employ or use any person in the sale
service of alcoholic beverages (ar as
employees while such person is unclothed
or in such atlire, costume or clothing as to
expose to view any portion of tile pubic
hair, anus, cleft of the buttocks, male or
female genitals, or the female breast below
the top of the areola.
Employer use the servicus of any walt
person while such person is unclothsd or
in such attire, costume or clothing as de-
scribed in subsection (1) shove; --r"
Encourage orpermit anyper~ao~ on the -
the b~ast, buttocks, anus or genitals
any other person. ~
Permit any employee un pers~{
wear or use any device or cov~i~g ~t)0sed
to view, which simulates the breed... ~api/-
tals, anus, pubic hair or any portion
SECTION 3-1-17. CIVIL-VIOLA:
TIONS AND PENALTIES.
~A. Civil Violatious. Any violation of
this Chapter shall be cousidered an act of
the license holder for purposes of impos-
ing a civilpenalty, license snspeusio~+-or
revocation. Each violation, and every day !
in which a violation occurs or con~nue~,
shall constitute a separate offense. The
license holder shall be responsible f~
conduct of its agents or employees while
B.AdditionalViolations. The foll0~-
lng additional l~s~ictions apply
_ licenses issued ~y the City Council tmdor
;this Ch~pter:..,~ -.., ,. ~"'~'i~.
thelic, eni~i.pr~mises or unyrooni
P~e.mls.?. ?** any ,~ad_j,o_ining bnildin8 ~lir~tiy:I
unnar melicensee s control to b~ U~ed b);
pfostitutas. .~ .:
· No licensee shall knowingly ~t
the sale, possession or c0nsumptioh' of
comrolled substances on the licensed pre-
m~ses in violation of state law nor shall any
licensee pemfit cousumptlon of alcoholic
beverages on llcensedpremises more than
twenty (20) minutes after the hour when
a salo therunf can be legally mede.
Except £or charitable g~mbling as
~ine~ and permitted under stiite law, gem.
g and gamblil~g devices ~
ted on licensed premises. S~te~-lo,ti~y
dizecto~ of the state lottery · ~{'
No licensco shall umplo~y
persun in the sale Or sexvice 0f ilcohollc
bevorages or as employees for ~e~ ~
of staging any natm-e of ?ll~ g~i~h~W~ in
or upon the licensed
person in unclothed'& in
tume or clothins a~ t5
Por tion of the female bieast b~lo~w the .~
o f the areola or o~ any portion of ,th.~n_~l_~blc
hair, anus, cleft of the buttocks';'~ ~f~lh
C. Notice of Violatibn. UPon: t~
currence of a violation, the Po~c~ D~pall-
ment shall inf. ?n.l. the City Managor 0f the
suspected violation. The City Manale~
shall then send to the license holdor
wli.tt~ notice of the civil violaion. The
notice shall edvise the license holder o f the
penalty and the license holder's ri*hr tb
requ a beann8 resardlog the violatinn of
this Chaptor porsunns to Section 3:1-18.'.
D. Civil Penalties. Each license igsued
hereunder shallbe subjectto suspunsion or
revocation und/o/imposition of acivilfine
of up to Two Thousand ($2,000) Dollars
fer violation of any Provisions of this
Chapte~ or the laws of the State of Minne-
sota as f~liows:
Presumptive CivilPenalties. ..
~ Purpose: The pm'pese of this Sec.
ti.onis to establish astandard by which the
City Council determines the lensth
license suspensibn, the propriety
cations, and the amount of finer, and shall.
apply to ali premises llceused under this
Chapter. Thesepenalties are pres ,t~n~ed to ·
be appropi/ate for evary case;-h0w~vor, ~
the Council may deviate in an individual,
c~e where the Council finds that thar~
exists substantial ~eaanns making it n~-~ '
appropriate.to deviate such as, but~ot ]
llmited to, a licunsco' s effolis in combin~;
tion with the State or City to preventl~h~
.sale of alcohol to minors. When suap~.nd-
totor ~vo~ins alicense orimpoiinS ntind [
for a viohtion of this ordinance, thiCo~",
deviathis .f.m.m. th~standerd seif%fi a he~,...;
the Councli shall set fo~ in wIitin8 ,/he
rationale for the deviation. ~
b. Pfcsumptive Pnnaltlns for Vi~la:
tious. The mlnlm,m penalt~.s for clvil
violations as determlned hy the City
oil m. ust be lXesmned ns foilOws (unl~as
specified, numbcr indicata consecutive
days' suspension): -
Appearance
~ of Violation'
1st -
Commission of a felOny rela~ed'~e
licensed activity : ~'~?
Revocation ' *
NA
control et a liquor license outside the
licemad struct~e o~ on privale property
generally open to the public tmiass pos-
session °t censumpti°n lot a specflicevent
on such property is approved by the.City
Manager in advance of .the evenL~ ~he
requesting party for such approval shall
submit an application to the City Manager
on afi~nn anthotiz~d by the City. (O/cl. 91:
02, 7-15-91) -: -" ~
, No person shall consume not any
licensee permit consumption of alcoholic
beverages onlicensedpremisas mote then
twenty (20) minutes at~ the hou~h~'
a sale thereef can ho legally made~ '~ '.
B. Criminal Enforcement. Upon
cevery of a suspected ~inlatiun of any
Section of this Chapter, the City Police or,
c~mi..] citad°n to the individual offen'd~r
and licensee where appropriate. ?; ]::~ ~ ,
SECTION 3-1-20.
DEFENSE. ,
A license hold~ ~ay ~asun~l~ ~d
in good faith teJy on
described in Section 34~0(~)(4) ~r ~
Chapter, in making salns ot alcoh01~
(l~dUCts. In e~ety ap .1.~.~.... ance befure the
Council for a vxoladon of the pt~-
sions Of this Chaptor xeladns to .the
furnishing of alCOhol ~elated products to
underage possons, the fact that the under
· agepe~soninvolved has obteinad endlXe-
agant~ a driver s license, passport or iden~
t~inafion cetd f~on which R ~ that
Said person was not an under age person
and was regularly issued such idsu~ca-'t
tinn eetti, shall be ladma facle evidence that
the licensee, his agent or employee is not
· guilty Of a civil violation of this Cl~r
and, whan proven by a preponderance of
the evidsuce, shaliho cenclnsiv~ evidence
that u violation, if one has ocourtad, was
not willful or intentional.
Alllieensad prexnises shall be Open to
inspection by, the City Policy or other
, anthoxlzed City officials during regular
businnss hours
time to time, but at least onee per ~ea~;~th~ !~
city shall conduct comPlinnco
Such compliance checks may inv01v~ bt~t
are not l~mlted to, engaglng minots te enter
the licensed premises to attempt to put-'
Uchaee alcohol and atcoholtelated producisj
__ B. Minots. If minoss a/e nsed lot'
possession of alcohol
s..u~ ite~. ere ob~inod as pert of ~ ~
Pttance checJc No minor nsed in Cci~p~ li,
· ..comp~.~. ~ shall answer ~
nons enont me mi~-~rs age asked by ithe
produce any identification for withe 5~
she is ashed.
sECTIoN ~l.22-
Alllicense hokle~ at,he
l'~n and adoption or this ordin~-n
?.et ~th. m ~n 3- I-3(A). S~d ~
~on enau remain in effect en l~nf
holder meets all~othot appH~al~
shallnot affect the riNd!fy 0f theX~m~
Provisions 0f this Chat~r. ::~
Sammay, ~en. ~. 1999: No. 3~1 : ;~
C. Default. If the applicant or license
homer has been provided wfitico notice of
the denial or violalion and ffuc xeqneat lot
a h.e~n.' .g. is ill. ed within the ~en ~10) day
.]~rloa, tllen me denial, penalw, snsven-
.t ne City Manager shall mail nb~ of the
denial, fine, suspension ~,~v~r~i~on to
Policy shall invasti~ate c~mpllanco With
the suspension ot revo~ion.
SECTION 3-1 - 19. CRIldlNALVIO.
LATIONS AND PENALTI~.~-
A- C~imlnalVio[stinns: Licen~ Holder
and Employeee. As set foflhin ~ta
Sto~4~A~ 340A'503, a~l 340A.701
It shah be a gxoss misd .e~.~r fo~
anyone to eeli, furn~h; otpro~'Me ~ho]
products to s person under;the:~i; of
twenty.one (21) years,
It shall be a goss misde~ieenor for
anyone un(lot the age of tweety-one (21)
yea~s to sell, fnsnish, ot give ~a~y any
alcohol products. This Se~tiun~l~5~ nat
apply to an employee of theliceeeeholder
under the age of twenty-one (21) but over
B. CrimthalVinladons..
No person under the lelalchlnt~,~~ age
shall enter s licensed prentisas, fo~ the
~U~h~S.e' of purchasing o~ c6nsun~8 any
coholi¢ beverage. It is not unlawful for
any person who has attained the abe of 18
years to entas licensed premises ~or the
f011owing purposes: -
(a). to .l~*'~.f.... omi. woxk lot the er teblish.
merit, including the serving of alcoholic
bevgages, unless othexvdsoprohibited by
statute;
(b) to consume meals; or
(c) te attcod social functions that are
held in a portion of tha establishment
where llquot is not sold.
It shall be a misdemeanor for anyone
under the age of twanty.one (21) years to
use, purchase, atte4npt to purchase, or
possess alcohol products~ This.'Se~ion
shall not apply to a person under the'age
of twenty-one (21) hy over*tho.age of
eighteen (18) years who pu~0h~se~ or at-
tempts to purchase alcohol.-reisted prod-
ucts while under the direct supervision of
a responslble aduli lot training adudation,
reseamh, ur enforcement purposes.
No under age perSon~shall mistepre-.
sent the person's age for the purpose of
obtaln~n~ alcohol related t~andu~ts ~ nor
~shall thap~sun"en~ 5ny ~:
products tot the'pu.~Oass 'Or pt~beSin~
or having served et dallvered gray hlenholic
beverage Nor shall any ~ush perlmn pu~:
chase, attempt to purchase, c~usume, Or
have another pesson puxchase for th~ Un*
der age person any alcohol tciatad
Anyperann shall, upon dem~l b~the
end p~tmit to be g~,~ed
under Minnnsota Statutes Sac~ion
340A.503, ~ubdivision 6.
No pesson shall possess opea
tainers of alcoholic baveragee ur consume
alcoholic beverages on publi~'~'per~
including but not limited to publi~ streets,
sidewalks, packing lots, o~ in perks eXCept
where specificafly permitted by ordinance.
No person shall possess epee containers
H. Computation of Appeerances. After
the first appe~ance, asubsequent appear-
ence by the same licensee will be deter-
mined as follows:
If the fi~st sppes~nnce was within
tl~ee (3) ye~u~ of thecu~entviola~on, the
cun'ent violadon will be treeted ss a second
appu~ance.
If a licensee has appea~ed before the
Council on two (2) l~vious occasions,
~nd the c~ent violation occurred within
five (5) ye~s of the fi~t nppessance, the
current viohtion will I~e t~eeted as a thhd
appe~ance.
If a liceneee has appeared bef~ the
Councit.on thee (3) la'eviohs occnsion~,
and the coff~nt violation occen'ed Within
seven fT) years of the first appearance, the
appeerance. -
Any appe~ence not coy~
section 1, 2 ur 3 above wilibe treeted as a
first appearance. - '~
I. Other Penalties. Nothing in
Sectinn shall restlict Or llmlt tha agth61dt~
of tha Council to suspend the liceg~e'~ to
sixty (60) days,~evokethe license,
a civil fine net to exceed .two thousand
doli~s ($2,000) to impose condmons
lieense holder hse been affoxded en oP .l~ot-
in Section ~-1-18. Penalties imposed un-
-der this Section do not teqai~e a pilot
~. Reinstatement A license shall be
reinstated follovanS expiration of the sus-
pension period upon paymant of all fines
by the license holder. No license shall be
reinsteted,.and no sales of alcehol~elat~d
products may be made until all finns have
been paid, The sales of any alcoholrelated
products while a license is under suspen-
sion shall constitute a violation of Section'
3 - 1-10(c) and rnsuliin tho antomalin ~gvo-
cation of the license.
If. Other Enfotcemant of Action. Any
civil penalty, suspension ot ~evocation
combination thereof under this Section
does not preclude any private civil
ot any criminal prosecution under this
Ordinance o~ any l~in,~sot~ StatotK
SECTION 3-1-18. HEARING ON
DBNIAL OR VIOLATION.
A. Heerin~. Followin~ ~eeeipt of a
notice of denialissued neder Se~ting$-l~
1~ or a notice of a violation
issued under Section 3-1-1~, ~
befote th~ City Council The Citycb~
'nuty appoint sheering exan~wh~shall
be a member of the Cit
conduct a ha~ing
ciq
mg
awfit~n:
or lineese!
theheefins
iht
Council.
~ibla fot
denial
tevoc~or
thereof.
Revocation
NA ~
Sale of Alcoholic beverages to under-
age persons
6
Revocation - ~
Sale of alcoholic beverages t~ obvx-
ously intoxicated lmrsons ,
6
18
Revoca~on
Aft~ hom~ sale o f alcoholic beverages
R.~o~.on
Aft~ h~rs display o~ comump~on ·
ofalcoholi~ b~ve~ages "
3
18
Revoc~ion
Refusal to allow City inspec~o~ or
Police admi*slon to inspect p~emise~
5
15
Revocatio~
NA
3~l~g~l gambling on l~mi~s
18
Failuxe to take reasonable step~ .to
stop p~son fxom leaving t~emises with
3
6
18
Revocation
Sale of intoxicating liquor where only
license is fc~ 3.2% malt liquor
Revocation
NA
NA ·
NA
B. Multiple Violations. At alicensee's
first appeazauc~ before the Council tho
Councilmay aci upon all of ~he violatiom
~aat havebeen allegedin the notice sent ~o
~he licensee. The Council in that case mUSt
consider the lXeSumptive penalty fo~ each
violation tmde~ the first appe~ance Cql:
ufim in subsection (B) above. The occur.
reuce of multiple violations is ~'ou/~ for
deviatlo~ from the ta~sumed penglties in
lhe Council's discretion ..... ~ .
F. Subsequent Violations. Violations
occuning after ~he no,ice of hearing has
been mailed, butlli°r t° the hea~ing, must
be lzeated as a sep~ate violation and d?alt
with as a second appearance'befo~h/9
tion to,~he fi~t appe~ance~ The same!
~ou~ appearance befo~ the CounciL
O.,$ubsequ~nt Appeaxances. Upou'a
second, thixd or fourth appeazance bef.~.~
the Council by the same licensee, ,t~
Council must impose the pxesumPt~{d'
penalty fo~ the violation ~ violations
giving xise to the subsequent aPpearsh~.
without xegaui ~o Ihe par~ictflar violati6n-
or viol. atious that ware the subject of the
first ox pilot appearance. Howeve~,;the,
Comlcil may consider the amount of thi~
deviating horn t~e presumptive pe~,~ty~
imposed by this Section.