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HomeMy WebLinkAboutOrdinance - 8-2023 - Amending City Code Chapter 4 Relating to Licensing and Regulation of Alcoholic Beverages - 07/20/2023CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4 RELATING TO LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 4 is amended by deleting the Chapter in its entirety and replacing it with the following: CHAPTER4 ALCOHOLIC BEVERAGE LICENSING AND REGULATION SECTION 4.01. ADOPTION OF STATE LAW. The provisions of Minnesota Statutes Chapter 340A, as it may be amended from time to time, are adopted and made a part of this chapter as if fully set out herein, except as hereinafter modified. Where there is an inconsistency between the provisions of Minnesota Statutes Chapter 340A and the provisions of this chapter, the more restrictive governs. SECTION 4.02. DEFINITIONS. As used in this chapter, unless otherwise stated in specific sections, the following words and terms have the meanings stated. The definitions contained in Minn. Stat. § 340A.101 and City Code Section 5.01 govern any other terms used in this chapter but not defined in this section. Brewer Taproom is a brewer licensed under Minn. Stat.§ 340A.301, Subd. 6, clause (c), (i), or U) who also holds a retail license to sell on-sale malt liquor produced by the brewer for consumption on the premises of or adjacent to a brewery location owned by the brewer. Cocktail Room is an establishment on the premises of or adjacent to one distillery location owned by a distiller for the on-sale of distilled liquor produced by the distiller. Growler is malt liquor sold off-sale by a small brewer or brew pub, which has been produced and packaged by the brewer in 64-ounce containers commonly known as growlers or in seven hundred fifty (750) milliliter bottles. Guest means a person not a member of a club licensee but present on the club licensed premises in the company of a host member. Host Member means a member of a club licensee who is entertaining a guest who is in the member's company at all times such guest is on the club licensed premises. Member means any person in good standing according to rules and regulations of a licensed club, wherever located, having evidence of current membership upon their person. Restaurant is an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public and having a seating capacity for a minimum of one hundred fifty (150) guests. Restaurant Bowling Center means a restaurant where the primary business is bowling, other family recreational activities and equipment sales including, but not limited to, bowling, arcade games, and billiards; and where food, beverage, and vending sales are offered and served. A restaurant bowling center must have a minimum of fo11y ( 40) lanes of bowling available and a minimum of fifty percent (50%) of the restaurant bowling center's square footage dedicated to bowling, which includes, but is not limited to, the bowling lanes, approach to the bowling lanes, settee area, mechanical area for pin machines, locker area for bowling balls, counter space for bowling business transactions, and the bowling pro shop. Restaurant Movie Theater is an establishment that is both a restaurant and a movie theater in which movies or motion pictures are shown. Small Brewer is a brewer licensed under section Minn. Stat.§ 340A.301, Subd. 6, clause (c), (i), or U) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer. SECTION 4.03. LICENSE REQUIRED. Subd. 1. Except as provided in Minnesota Statutes Chapter 340A, it is unlawful for any person to directly or indirectly, on any pretense or by any device, sell, baiter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as pat1 of a commercial transaction without having obtained the license or permit authorized by this chapter and/or Minnesota Statutes Chapter 340A. Subd. 2. The licenses permitted under this chapter are as follows: A. 3.2% Malt Liquor B. Temporary 3.2% Malt Liquor C. Brewer Taproom and Small Brewer D. Brew Pub On-Sale and Off-Sale E. Cocktail Room and Microdistillery Off-Sale F. On-Sale Intoxicating Liquor G. Temporary On-Sale Intoxicating Liquor H. On-Sale Wine I. Temporary On-Sale Wine J. Spotts or Convention or Community Festival SECTION 4.04. EXCEPTIONS. No license or permit under this chapter is required, and this chapter does not apply, to the following: A. Possession or handling for sale or otherwise of sacramental wine or to any representative of any religious order or for use in connection with a religious ceremony. B. Potable liquors that are prescribed by licensed physicians and dentists for therapeutic purposes. C. Industrial alcohol and its compounds not prepared or used for beverage purposes. D. Sales by manufacturers to wholesalers licensed by the State of Minnesota and sales by wholesalers to persons holding licenses issued by the City under this chapter. SECTION 4.05. INELIGIBILITY. Subd. 1. The Council may in its sole discretion, for any reasonable cause, refuse to grant any application for a license or license renewal under this chapter. Subd. 2. The Council may issue the number of licenses authorized by Minn. Stat. § 340A.413 or may, by resolution, restrict such number from time to time as it deems proper, in its discretion. Subd. 3. No license will be issued under this chapter to: A. A person under twenty-one (21) years of age. B. A person who within five (5) years of the license application has been convicted of any willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of alcoholic beverages or any felony. C. A person who has an interest in, or has persons investing in, the business, building, premises, fixtures, furniture, or equipment of the proposed licensee that had an interest in, as an individual or as pait of a firm, association, paitnership, corporation, limited liability company, or joint venture, an alcoholic beverage license that was revoked or suspended within the last five (5) years of the date the application is submitted to the City. D. A person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler, except to a microdistillery, brew pub, brewer taproom, or small brewer. E. Except for temporary licenses, any building within three hundred (300) feet of any elementary or secondary school building or within one hundred ( 100) feet of any church building, as measured from the main entrance of each building. F. For operation on any premises upon which taxes, assessments, or installments thereof are owed by the applicant and are delinquent and unpaid, unless the following apply: 1. The delinquent and unpaid taxes, assessments, or installments thereof are the subject of an agreement between the taxpayer and the Hennepin County Treasurer that provides for the payment of the delinquent and unpaid taxes, assessments, or installments, together with any penalty and interest thereon in twelve (12) equal monthly payments commencing on or before the date the license is granted, and fmther provides that any unpaid amount, together with any additional penalty and interest will be paid on or before the date of the payment of the last installment, and 2. The applicant enters into an agreement with the City affirming that noncompliance with the terms of the agreement with the Hennepin County Treasurer is sufficient grounds to suspend or revoke the license. For the purpose of this subsection, "applicant" includes persons and related persons owning, directly or indirectly, (1) at least a fifty percent (50%) beneficial interest in the proposed licensee or in an entity owning such interest in the proposed licensee or in the entity making the application and (2) at least an undivided one-half interest in the premises proposed to be licensed or at least a fifty percent (50%) beneficial interest in the entity owning such premises. G. Any premises that is owned or leased by any person who is otherwise prohibited from obtaining a license under this chapter. Subd. 4. Limitation on Ownership. No person may be granted a license at more than two (2) locations in the City. For the purpose of this subdivision, any person owning an interest of five percent (5%) or more of the entity to which the license is issued, or such ownership by a member of their immediate family, will be deemed to be a licensee. SECTION 4.06. LICENSE APPLICATIONS. Subd. 1. Application. All applications for licenses issued under this chapter must be made on forms supplied by the City and/or by the State. All questions asked or information required by the application forms must be answered fully and completely by the applicant. A. Corporate/LLC Applicants and Licensees. An applicant that is a corporation or limited liability company (LLC), at the time of application, must furnish the City with a list of all persons that have an interest in such corporation or LLC and the extent of such interest. For a corporation, the list must name all shareholders holding more than five percent ( 5%) of all issued and outstanding stock of the corporation and show the number of shares held by each, either individually or beneficially for others. For an LLC, the list must name all members owning more than five (5%) of the membership interests of the LLC and show the percentage of membership interests held by each, either individually or beneficially for others. It is the duty of each corporate or LLC licensee to notify the Licensing Technician in writing of any change in legal ownership or beneficial interest in such corporation or in such shares or in such LLC or its membership interests. Notice of such change must be given within ten (10) days of its occurrence. Any change in the ownership or beneficial interest in the shares or membership interests entitled to be voted at a meeting of the shareholders of a corporate licensee or the members of a LLC licensee, which results in the change of voting control of the company, will be deemed equivalent to a transfer of the license issued to the corporation or LLC. Upon request, the corporate licensee must allow the City at any reasonable time to examine the stock or membership transfer records and minute books of the company in order to verify and identify the shareholders or members. Any other licensee must allow the City upon request to examine its business records to the extent necessary to disclose the interest that persons other than the licensee have in the licensed business. B. Property Ownership and Leases. Each applicant for a license must provide, for the property on which the licensed business will operate, ( 1) such information as is requested by the City to establish the record owner of the property, and (2) copies of all leases currently in effect. C. Every application for the issuance or renewal of a license for the sale of alcoholic beverages must include a copy of each summons received by the applicant under Minn. Stat. § 340A.802 during the preceding year. Subd. 2. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission on any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood, be grounds for denial or, if already issued, for revocation or nonrenewal of the license. Subd. 3. Application, Investigation, and License Fees. A. Application and Investigation Fee. At the time of the initial application, applicants for on-sale liquor licenses, beer licenses, on-sale wine licenses, cocktail room licenses, brewer taproom licenses and on-sale brew pub licenses must pay a fee to the City which will be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation of the application. No such fee is required of an applicant for any temporary license, a microdistillery off-sale license, a small brewer license, or an off-sale brew pub license. An application will not be deemed complete until the application and investigation fee has been paid. B. License Fee. Upon approval of an application, whether initial or renewal, the license will not be effective until a separate license fee is paid. The license fee is not refundable except as provided in subsection D of this subdivision 3. If the license issued is for less than a full year, the license fee will be prorated based on the date of issuance of the license. C. All application, investigation, and licensee fees provided for in this subdivision will be fixed and determined by the Council and may, from time to time, be amended by the Council. As required by Minn. Stat. § 340A.408, subd. 3a, any increase in license fees for 3.2% malt liquor and on-sale intoxicating liquor will be preceded by notice and a public hearing. Notice of the proposed increase will be mailed to all affected licensees at least 30 days before the date set for the public hearing. D. License Fee Refund in Certain Cases. A pro-rata share of an annual license fee for a license issued under this chapter will be refunded to the licensee or to the licensee's estate only under the following circumstances: (i) the business permanently ceases to operate because of destruction or damage, (ii) the licensee dies, (iii) the business ceases to be lawful for a reason other than a license revocation, or (iv) the licensee ceases to carry on the licensed business. Under any of these circumstances, the license will automatically expire. Subd. 4. Manager or Agent. If the applicant is an individual who is a non-resident of the City, more than one individual whether or not they are residents of the City, or a firm, association, partnership, corporation, limited liability company, or joint venture, the applicant must include the name of the natural person who will serve as the manager or agent of the licensed premises. Such manager or agent must, by the terms of their written consent, ( 1) take full responsibility for the conduct of the licensed premises and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who could qualify individually as a licensee. A licensee must notify the City in writing within 15 days of any change in such manager or agent, indicating the name and address of the new manager or agent and the effective date of such change. Failure of the licensee to provide this notice will be grounds for revocation, suspension, or nonrenewal of the license. Subd. 5. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this chapter, including but not limited to ordering a criminal history check pursuant to Minn. Stat. § 299C. 72 and conducting an inspection of any premises proposed to be licensed. Failure of an applicant to allow an inspection is grounds for denial or nonrenewal of the license. Subd. 6. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subdivision 5 above, an initial application for a license under this chapter will be presented to the City Council for issuance or denial. A. Issuance. Upon the City Council's approval of an application and the applicant's payment of the license fee, the Licensing Technician will issue and mail a license to the applicant at the address noted in the application. B. Denial. The City Council may deny a license on the grounds set forth in Section 4.05, and/or on the same grounds for which a license may be suspended or revoked as set forth in Section 4.09. A denial of an application will be communicated to the applicant in writing, including findings supp01iing the decision. The notice of denial will be mailed by regular mail to the applicant at the address listed on the application. C. Conditional Licenses. The Council may place such conditions and restrictions upon any license as it deems reasonable and justified, in its sole discretion. Every license is granted subject to the provisions of this chapter and all other laws relating to the operation of the licensee's business. D. If a separate or additional license is required under federal or state law for the licensee's business, no license issued under this chapter will be valid until such separate license is issued. E. A license is valid only at one (1) location and on the premises described in the license. Subd. 7. Term of License. Licenses issued under this chapter will expire on December 31 of each year. The Council may approve an application for the period of the remainder of the then-current license year and/or for the entire ensuing license year. Subd. 8. License Renewal. Applications for renewal of all licenses under this chapter must be made at least sixty (60) days prior to the date of expiration of the license and must contain such information as is required by the City. This renewal deadline may be waived by the Council for good and sufficient cause. Consideration and issuance of a renewal application will follow the procedure provided in subdivision 6. Subd. 9. Change of Information. A licensee must notify the City within thirty (30) days of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subdivision is cause for suspension, revocation, or nonrenewal of the license. SECTION 4.07. FINANCIAL RESPONSIBILITY OF APPLICANTS AND LICENSEES. Subd. 1. Proof. No alcoholic beverage license will be issued, maintained, or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minn. Stat. § 340A.409, by filing with the City: A. A certificate that there is in effect for the license period an insurance policy or pool providing minimum coverages of: 1. $50,000 because of bodily injury to any one (1) person in any one (1) occurrence, and $100,000 because of bodily injury to two (2) or more persons in any one (1) occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one (1) occurrence; 2. $50,000 for loss of means of support of any one (1) person in any one (1) occurrence and $100,000 for loss of means of suppo11 of two (2) or more persons in any one (1) occurrence, $50,000 for other pecuniary loss of any one (1) person in any one (1) occurrence; and 3. An annual aggregate policy limit for dram shop liability of not less than $310,000 per policy year or such higher amount as specified by state statute. B. A bond of a surety company with minimum coverages as provided in subsection A of this section; or C. A certificate of the Minnesota Commissioner of Management and Budget that the licensee has deposited with the commissioner $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100, 000. D. The coverage amounts listed in this subdivision are minimum requirements. If Minn. Stat. § 340A.409 is amended to require higher minimum coverage amounts, such higher amounts will apply. Subd. 2. Exemption. This section does not apply to licensees identified in Minn. Stat. § 340A.409, Subd. 4. An applicant seeking to use this exemption must, prior to issuance of a license, provide to the City a copy of the affidavit required by statute. Subd. 3. The liability insurance policy, bond, or ce1tificate of the commissioner required above must provide that it may not be canceled for: A. Any cause, except for nonpayment of premium, by the licensee, the insurance company, bond company, or commissioner without first giving sixty (60) days' notice in writing to the licensee of intent to cancel the policy; and B. Nonpayment of premium unless the canceling party has first given ten (10) days' notice in writing to the licensee of intent to cancel the policy. The policy must also provide that, in the event of cancellation, the insurer will send notice to the City at the same time that a cancellation request is received from or a notice is sent to the licensee. Such notice must be addressed to the Licensing Technician. Subd. 4. Documents Submitted to Commission. All proofs of financial responsibility and exemption affidavits filed with the City under this section will be submitted by the City to the Minnesota Commissioner of Public Safety. SECTION 4.08. CONDITIONS, RESTRICTIONS, AND REGULATIONS. Subd. 1. Applicable Law. A license is subject to the conditions, restrictions, and regulations in this chapter, all other provisions of City Code, and all provisions of other applicable federal, state, and local laws, regulations, and ordinances. Subd. 2. Duplicate Licenses. Duplicates of all original licenses under this chapter may be issued by the Licensing Technician without action by the Council. Subd. 3. Posting. A license must be posted in a conspicuous place in the premises for which it is issued and must be exhibited to any person upon request. Subd. 4. Premises Licensed. Unless expressly stated in the license, a license issued under this chapter is valid only in the compact and contiguous space situated on the premises described in the license; and all transactions relating to a sale under such license must take place within such space, except that in the case of a restaurant licensed on-sale and located on a golf course, "licensed premises" means the entire golf course except for areas where motor vehicles are regularly parked or operated. Subd. 5. Principal Part of Business. A. Restaurant. A restaurant licensed under this chapter, including a brew pub, must be conducted in such manner that the principal pa1t of the business for a license year is the serving of food. For restaurants, "principal pa1t" means forty percent ( 40%) or more of the gross receipts. B. Hotel. A hotel licensed under this chapter must be conducted in such manner that, in relation to that part of the total business attributable to or derived from the serving of food and alcoholic beverages, the principal pa1t of the business for a license year is the serving of food. For hotels, "principal part" means fo1ty percent (40%) or more of the gross receipts. C. Restaurant Bowling Center. A restaurant bowling center licensed under this chapter must be conducted in such manner that the principal patt of the business for a license year is composed of food, beverage, vending machine sales, bowling activity and other recreational activities and sales including, but not limited to, bowling, bowling equipment, arcade games, and billiards. For restaurant bowling centers, "principal pa11" means seventy percent (70%) or more of gross receipts. D. Restaurant Movie Theater. A restaurant movie theater licensed under this chapter must be conducted in such manner that the principal part of the business for a license year is the serving of food and the sale of movie tickets. For restaurant movie theaters, "principal part" means seventy percent (70%) or more of the gross receipts. Subd. 6. Premises Subject to Inspection. All premises licensed under this chapter must at all times be open to inspection by any police officer, building inspector, or any properly designated officer or employee of the City or the State to determine whether or not this chapter and all other laws are being observed. If such officers are denied free access or are hindered or interfered with in making an inspection, the licensee is subject to suspension, revocation, or nonrenewal as provided in Section 4.09. Subd. 7. Conduct on Licensed Premises. Every licensee under this chapter is responsible for the conduct of the licensed place of business and must maintain conditions of sobriety and order therein. Subd. 8. Transfer. No license is transferable between persons or location without the consent of the Council. Subd. 9. Termination. Licenses will terminate upon expiration or revocation. Subd. 10. Amendment of Licensed Premises. A holder of an on-sale intoxicating liquor license may apply to the Licensing Technician for a temporary amendment of the licensed premises, at least sixty ( 60) days in advance, for any event at which the licensee proposes to amend the licensed premises to provide for service of alcoholic beverages in a compact and contiguous area not included in the original license application (the "temporary premises"). Included in that application, the licensee must submit a site plan depicting the temporary premises from which alcoholic beverages are to be dispensed and consumed, the maximum anticipated number of guests attending the event, and the total occupancy load for the temporary premises. The application must include evidence of insurance for the temporary premises and payment of the temporary amendment processing fee set forth in the City Fee Resolution. A security plan and parking, pedestrian circulation, and traffic directional plan approved by the Chief of Police or their designee and a fire safety plan approved by the Fire Chief or their designee may also be required, as deemed necessary by the City. The City Council will consider all such amendments to the licensed premises using the following criteria: A. The temporary premises must be immediately adjacent to the licensed premises; B. The temporary premises must be used in connection with a special event no longer than three (3) days in duration; C. No more than three (3) temporary amendments per year will be allowed for a licensee at one (1) establishment, and a temporary license issued to a non-profit, charitable, religious, or political organization that contracts with the licensee for provision of service will be counted as pat1 of this total; D. Adequate measures must be taken to control access to the temporary premises to ensure that alcoholic beverages will not be furnished in violation of state law or this City Code to persons under the age of twenty-one (21) years or obviously intoxicated persons, and to ensure that alcoholic beverages will not be carried outside of the licensed premises or the temporary premises; E. Adequate measures must be taken to ensure that there will not be a violation of the City's noise ordinance; F. The use of the temporary premises must not decrease available parking below that required for the licensed premises by Chapter 11; G. The use of the temporary premises must not unreasonably impede traffic circulation; H. The licensee has obtained adequate liability insurance for the temporary premises; and I. The issuance of the temporary amendment must not be adverse to the public health, safety, and welfare. Subd. 11. It is unlawful for any: A. Club or any business establishment to allow the consumption or display of liquor or the serving of any liquid for the purposes of mixing liquor therewith, unless duly licensed under the provisions of this chapter. B. Licensee to permit anyone under the age of twenty-one (21) years to consume alcoholic beverages on the licensed premises. C. Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon the licensed premises for the purpose of consuming, purchasing, or procuring alcoholic beverages. Such proof of age may be established only as set forth in Minn. Stat. § 340A.503, Subd. 6. D. Licensee to hinder or prevent an inspection as provided in subdivision 6 to determine whether or not the provisions of this chapter and all laws are being observed. E. Licensee to sell alcoholic beverages on any day or at any time when such sales are not permitted bylaw. F. Licensee to permit consumption of alcoholic beverages on the licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. G. On-sale licensee to permit any glass, bottle or other container containing an alcoholic beverage in any quantity, to remain upon any table, bar stool, or other place where customers are served, more than twenty (20) minutes after the hour when a sale thereof can legally be made. H. Licensee to permit any gambling or gambling device upon the licensed premises except such as are licensed by the State of Minnesota. I. Licensee to sell alcoholic beverages to any person who is obviously intoxicated. I. Licensee to sell, offer for sale, or keep for sale, alcoholic beverages in any original package which has been refilled or paiily refilled, except for the off sale of malt liquor by a brew pub or small brewer as permitted by this chapter. K. On-sale licensee to display alcoholic beverages to the public during hours when sale of these beverages is prohibited. L. Licensee to employ, hire, allow or permit any person to dance or perform, or remain in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any potiion of the breast below the top of the areola, or any of any portion of the pubic hair, anus, cleft of the buttocks, or genitals. Subd. 12. Club Licensee Restrictions. The following are in addition to all other unlawful acts set fotih in this chapter relating to sales and purchases of alcoholic beverages. It is unlawful for any: A. Club licensee to sell alcoholic beverages to any person not a member of the licensed club. B. Club licensee to serve alcoholic beverages to any non-member of the licensed club unless such non-member is a guest. C. Person who is not a member of the licensed club to purchase alcoholic beverages from the club. D. Person to refuse, upon request of the licensee or police officer, to provide information as to whether they are a member, guest, or host member or to give false, fraudulent, or misleading information in response to such request. Subd. 13. Restaurant Movie Theater Licensee Requirements and Restrictions. A. Requirements. The following are in addition to all other requirements set forth in this chapter. Every restaurant movie theater must: 1. Be under the control and ownership of a single person. No part of the restaurant or the movie theater, including but not limited to the property, equipment, and operations, may be owned or controlled by separate persons. 2. Consist of one (1) stand-alone structure containing a minimum of seventy thousand (70,000) square feet. 3. Have a minimum of fifty (50) tables, each with a table top containing a minimum of four hundred thitiy-three (433) square inches. The tables must be permanently attached to the floor and the seats must be permanently attached to the floor or the table. The tables must be divided propotiionately between the movie screening rooms in which alcoholic beverages are allowed. 4. Appoint a manager pursuant to Section 4.06, Subdivision 4, which manager must manage both the restaurant and the movie theater. B. Unlawful Acts. The following are in addition to all other unlawful acts set fotih in this chapter. It is unlawful for any restaurant movie theater licensee to: 1. Offer any discounts or happy hours. 2. Allow any alcoholic beverage in any movie screening room where there are no tables. 3. Offer or sell wine or distilled spirits by the bottle. 4. Offer or sell wine in any amount exceeding eight (8) fluid ounces per serving. 5. Offer or sell distilled spirits in any amount exceeding three (3) fluid ounces per serving. 6. Offer or sell malt liquor in any amount exceeding twenty-four (24) fluid ounces per serving. 7. Offer or sell any alcoholic beverages containing more than fifty percent (50%) alcohol by volume. 8. Offer or sell any alcoholic beverage not in the original packaging without using a measuring device. 9. Offer or sell any more than two (2) alcoholic beverages to one (1) person in the same sale transaction. SECTION 4.09. CIVIL PENALTIES, SUSPENSION, AND REVOCATION. Subd. 1. Grounds for Civil Penalties, Suspension, or Revocation. The City may impose civil penalties and suspend or revoke a license granted pursuant to this chapter. The following are grounds for suspension or revocation of a license: A. Fraud, misrepresentation, or false statement contained 111 a license application or a renewal application. B. Fraud, misrepresentation, or false statement made in the course of carrying on the licensed business. C. The sale of alcoholic beverages to another retail licensee for the purpose of resale. D. The purchase of alcoholic beverages from another retail licensee for the purpose of resale. E. Conducting or permitting the conduct of gambling on the licensed premises in violation of the law. F. Failure to remove or dispose of alcoholic beverages when ordered to do so by the commissioner under Minn. Stat. § 340A.508, subdivision 3. G. Failure to comply with any applicable statute, regulation, or ordinance, including this chapter, relating to alcoholic beverages or the operation of the licensed premises. H. Failure to comply with any license condition imposed by the City. I. Failure to pay the amount of any penalty imposed within thirty (30) days after notice in writing from the City of the decision to impose a penalty. Subd. 2. Sanctions. Upon a finding of a violation of any of the grounds listed in Subdivision 1, the Council may revoke the license, suspend the license for a period not to exceed sixty (60) days, or impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions. The civil penalty, suspension, or revocation imposed pursuant to this section will be based on the licensee's total number of violations at the specific location at which the violation occurred within the preceding 24-month period as follows: First Violation: $500 Second Violation: $1,000 Third Violation: $1,500, plus two-day suspension of license Fomih Violation: $2,000, plus a suspension of not less than 5 days nor more than 60 days or revocation as determined by the City Council. Payment of the civil penalty must be made within thitiy (30) days of issuance of the notice referred to in Subdivision 3. A suspension for a third violation under this section must be served for consecutive days staiiing on the first Monday following the later of the expiration of the time to request a hearing under Subdivision 3, if a hearing is not requested, or, if a hearing has been timely requested, the date a decision is rendered pursuant to Subdivision 3. l .b that a violation occurred. A suspension for a fourth violation under this section must be served in the manner and at such time as decided by the City Council. Subd. 3. Procedure. The following process will apply to violations described in this section. A. Notice. Upon discovery of a suspected violation of this section, the Chief of Police or their designee will issue a violation notice to the licensee that sets forth the nature of the violation(s) or grounds for the civil penalty, suspension, or revocation and must inform the licensee of the licensee's right to request in writing a hearing within ten (10) days of the date contained in the notice to dispute the penalty, suspension, or revocation. The notice will be mailed by regular mail to the licensee at the most recent address listed on the license application. The licensee must either pay the scheduled fine or request a hearing under Subdivision 3.B. of this section. If a written hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee's right to a hearing will be deemed waived. Payment of the fine constitutes admission of the violation. B. Hearing. If a hearing is requested, the Chief of Police or their designee will provide written notice to the licensee of the date, time, and place of the hearing. The hearing must be held within fotiy- five (45) days of the date that the City received the written hearing request from the licensee. The notice of the hearing must be served in the same manner as the initial notice. The notice must be served no less than fifteen (15) days and no more than thitiy (30) days prior to the hearing. 1. First, Second, or Third Violation. a. If the hearing notice is for a first, second, or third violation, the hearing will be held by an impaiiial hearing officer appointed by the Chief of Police or their designee. Upon conclusion of the hearing, the hearing officer must, within ten (10) days, make their recommendation to the City Manager in writing. If the hearing officer's recommendation is denial of a renewal application or suspension of the license, they must include in the written recommendation findings and conclusions supporting the decision. b. Within thitty (30) days ofreceipt of the hearing officer's written recommendation, the City Manager will make a decision on whether the license will be denied renewal, the penalty imposed, or the license suspended. The City Manager must inform the licensee in writing of the decision, including findings and conclusions supp01ting the decision, within ten (10) days. c. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. The City Council may, on its own motion, determine to review the decision of the City Manager. 2. Fourth Violation. If the hearing notice is for a fourth violation, the hearing will be held before the City Council. The Council will make a written decision on the penalty to be imposed within fo1ty-five ( 45) days of the date of the hearing. The written decision will include findings and conclusions supporting the decision and a copy will be promptly provided to the licensee. Subd. 4. Continued Violation. Each violation, and every day in which a violation occurs or continues, will constitute a separate offense. Subd. 5. Late Payment. A late payment fee of ten percent ( 10%) of the penalty will be assessed for each thitty (30) day period in which a penalty remains unpaid after the due date. Subd. 6. Criminal Prosecution. Nothing in this section will prohibit the City from seeking criminal prosecution for any violation of this section that also constitutes a crime under state law. Such prosecution may be in addition to an administrative penalty under this section. SECTION 4.10. TYPES OF LICENSES. Subd. 1. 3.2% Malt Liquor License. A. Off-sale 3 .2% malt liquor licenses may be issued as permitted by Minn. Stat. § 340A.403, subd. 1. B. On-sale 3.2% malt liquor licenses may be issued to drugstores, restaurants, hotels, clubs, bowling centers, golf courses, and establishments used exclusively for the sale of 3 .2% malt liquor with the incidental sale of tobacco and soft drinks, as permitted by Minn. Stat. § 340A.403, subd. 1 and Minn. Stat. § 340A.4 l 1. Subd. 2. Temporary 3.2% Malt Liquor License. A. A club or charitable, religious, or non-profit organization may apply for a temporary on-sale 3 .2% malt liquor license for serving 3.2% malt liquor. A temporary 3.2% malt liquor license may be issued for any location in the City that meets the requirements of this chapter, including on school grounds and in school buildings. B. No organization may be issued more than three four-day, four three-day, six two-day, or 12 one- day temporary 3.2% malt liquor licenses, in any combination not to exceed twelve (12) days per year for any one (1) location, within a 12-month period. Subd. 3. Brewer Taproom and Small Brewer License. A. Brewer taproom licenses may be issued in accordance with and subject to the requirements of Minn. Stat. § 340A.26. B. A small brewer off-sale license may be issued in accordance with and subject to the requirements of Minn. Stat. §§ 340A.28, 340A.285, and 340A.29. Subd. 4. Brew Pub On-Sale and Off-Sale License. A. A brew pub may apply for an on-sale intoxicating liquor, on-sale wine, or 3 .2% malt liquor brew pub license for a restaurant operated in the place of manufacture. On-sale brew pub licenses are subject to all conditions and restrictions contained in Minn. Stat. § 340A.24. B. A brew pub that holds an on-sale brew pub license may apply for an off-sale brew pub license for the sale of malt liquor produced and packaged at the licensed premises. Off-sale brew pub licenses are subject to all conditions and restrictions contained in Minn. Stat. §§ 340A.24 and 340A.285. Subd. 5. Cocktail Room and Microdistillery Off-Sale License. A. A microdistillery may apply for a cocktail room license for the on-sale of distilled spirits. Cocktail room licenses are subject to all conditions and restrictions contained in Minn. Stat. § 340A.22. B. A microdistillery may apply for a microdistillery off-sale license for the off-sale of distilled spirits. Microdistillery off-sale licenses are subject to all conditions and restrictions contained in Minn. Stat. § 340A.22. Subd. 6. On-Sale Intoxicating Liquor License. An applicant may apply for an on-sale intoxicating liquor license for a hotel, restaurant, restaurant movie theater, restaurant bowling center, or club. Subd. 7. Temporary On-Sale Intoxicating Liquor License. A. A club, charitable, religious, or other non-profit organization in existence for at least three (3) years, a political committee registered under Minn. Stat. § 1 OA.14, or a state university may apply for a temporary on-sale intoxicating liquor license in accordance with and subject to the requirements of Minn. Stat.§§ 340A.404, subd. 10 and 340A.410, subd. 10. B. A small brewer or microdistillery may apply for a temporary on-sale intoxicating liquor license in accordance with and subject to the requirements of Minn. Stat. §§ 340A.404, subd. l 0( c) and 340A.410, subd. 10. Subd. 8. On-Sale Wine License. A. An applicant may apply for an on-sale wine license for a restaurant, restaurant bowling center, or restaurant movie theater that has appropriate facilities for seating not less than fifty (50) guests at one (1) time in accordance with and subject to the requirements of Minn. Stat.§ 340A.404, subd. 5. B. The holder of an on-sale wine license may sell wine on all days of the week. C. The holder of an on-sale wine license who also holds an on-sale 3 .2% malt liquor license may sell malt liquor containing in excess of 3 .2% of alcohol by weight at on-sale without an additional license. Subd. 9. Temporary On-Sale Wine. A club, charitable, religious, or other non-profit organization in existence for at least three (3) years, a political committee registered under Minn. Stat. § 1 OA.14, or a state university may apply for a temporary on-sale wine license in accordance with and subject to the requirements of Minn. Stat.§§ 340A.404, subd. 10 and 340A.410, subd. 10. Subd. 10. Sports or Convention and Community Festival Authorization. A. The Council may authorize any holder of an on-sale intoxicating liquor license issued by the City or by an adjacent municipality to dispense intoxicating liquor at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the City, in accordance with and subject to the requirements of Minn. Stat. § 340A.404, subd. 4(a). B. The Council may authorize a holder of an on-sale intoxicating liquor license issued by the City to dispense intoxicating liquor off premises at a community festival held within the City, in accordance with and subject to the requirements of Minn. Stat. § 340A.404, subd. 4(b ). SECTION 4.11. MUNICIPAL LIQUOR STORE. Subd. 1.Establishment. A municipal liquor store is hereby established to be operated within the City for the off-sale and on-sale of intoxicating liquor. The municipal liquor store will be at such place or places as the Council may determine from time-to-time and may be either leased or owned by the City. Subd. 2. Liquor Fund. A liquor fund is hereby created into which all revenues received from the operation of the municipal liquor store will be paid and from which all operating expenses will be paid. Any surplus accumulating in this fund may, from time to time, be transferred to the general fund by resolution of the Council and expended for any lawful municipal purpose. SECTION 4.12. DAYS AND HOURS OF SALES. Subd. 1. 3.2 % Malt Liquor. Sale of 3 .2% malt liquor may be made only during those hours permitted by Minn. Stat. § 340A.504, Subd. 1. Subd. 2. Intoxicating Liquor On-sale. On-sale of intoxicating liquor may be made only during those hours permitted by Minn. Stat. § 340A.504, Subd. 2. Subd. 3. Intoxicating Liquor Off-sale. Off-sale of intoxicating liquor, including off-sale by licensed microdistilleries, small brewers, and brew pubs as permitted by this chapter, may be made only during those hours permitted by Minn. Stat. § 340A.504, Subd. 4. Subd. 4. 2:00 a.m. The hours during which alcoholic beverages may be sold are extended to 2:00 a.m. for licensees who obtain a permit from the Commissioner of Public Safety pursuant to Minn. Stat. § 340A.504, Subd. 7. Subd. 5. Sunday On-sale. A. Brew pubs, hotels, restaurants, restaurant bowling centers, restaurant movie theaters, and clubs may apply for Sunday on-sale liquor licenses subject to, and for the hours set forth in, Minn. Stat. § 340A.504, Subd. 3. B. Brewer taprooms may apply for Sunday on-sale malt liquor licenses subject to Minn. Stat. § 340A.26 for the hours set forth in Minn. Stat. § 340A.504, Subd. 3 for other Sunday sales. C. Microdistillery cocktail rooms may apply for Sunday on-sale of distilled spirits licenses subject to Minn. Stat. § 340A.22 for the hours set fo11h in Minn. Stat. § 340A.504, Subd. 3 for other Sunday sales. SECTION 4.13. PURCHASE, POSSESSION, AND CONSUMPTION OF ALCOHOLIC BEVERAGES. Subd. 1. It is unlawful for any: A. Person under the age of twenty-one (21) years to consume any alcoholic beverage unless in the household of his or her parent or guardian and with the consent of the parent or guardian. B. Person under the age of twenty-one (21) years to possess any alcoholic beverage with the intent to consume it at a place other than the household of his or her parent or guardian. Possession at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian. C. Person under the age of twenty-one (21) years to purchase or attempt to purchase any alcoholic beverage, unless under the direction of a licensed peace officer for compliance and education purposes. D. Person under the age of twenty-one (21) years to enter an establishment licensed under this chapter for the purpose of purchasing or having served or delivered any alcoholic beverage. Persons under twenty-one (21) years may enter establishments licensed under this chapter in order to: consume meals; attend social functions that are held in a po11ion of the establishment where liquor is sold; and perform work for the establishment, except that persons under eighteen ( 18) years are prohibited from selling or serving any alcoholic beverage. E. Person under the age of twenty-one (21) years to claim to be twenty-one (21) years old or older for the purpose of purchasing alcoholic beverages. F. Person to induce a person under the age of twenty-one (21) years to purchase or procure any alcoholic beverage. G. Person to consume an alcoholic beverage on licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. H. Person to purchase alcoholic beverages on any day or during any hour when sales are not permitted by law. I. Person to sell, barter, furnish, or give alcoholic beverages to a person under twenty-one (21) years of age except that a parent or guardian of a person under twenty-one (21) years of age may give or furnish alcoholic beverages to that person solely for consumption in the household of the parent or guardian. SECTIONS 4.14-4.98. -RESERVED. SECTION 4.99 . .VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph, or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof may be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of June, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 11 111 day of July, 2023. ATTEST: c:__ / ...,/ -/~--...... -~ Ronald A. Case, Mayor Published in the Sun Sailor on the 20th day of July, 2023. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 8-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4 RELATING TO LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Chapter 4 in its entirety. The ordinance updates Chapter 4 to reference and incorporate many definitions, provisions, and requirements of state law to allow for easier implementation and account for state law changes. The ordinance also adopts administrative licensing processes and requirements consistent with other City licensing sections for ease of administration. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ~· - Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on July 20th, 2023. (A full copy of the text of this Ordinance is available from City Clerk.) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) s~ COUNTY OF HENNEPIN Rhonda Herberg being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SS Mtka_Excelsior_Eden Prairie with the known office of issue being located in the county of: ' HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §33 lA.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 07 /20/2023 and the last insertion being on 07/20/2023. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter coun . Subscribed and sworn to or affirmed before me on 07 /20/2023 by Rhonda Herberg. DARLENE MARIE MACPHERSON NOTARY PUBLIC • MINNESOTA My Commlssloo Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1328526 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 8-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4 RELATING TO LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- SOTA, ORDAINS: Summary: This ordinance amends City Code Chapter 4 in its entirety. The ordinance updates Chapter 4 to reference and incor- porate many definitions, provisions, and requirements of state law to al- low for easier implementation and account for state law changes. The ordinance also adopts admin- istrative licensing processes and requirements consistent with other City licensing sections for ease of administration. Effective Date: This Ordinance shall take effect upon publication. A full copy of the text of this Or- dinance is available from City Clerk. Ronald A. Case, Mayor ATIEST: Nicole Tingley, City Clerk Published in the Sun Sailor July 20, 2023 1328526