HomeMy WebLinkAboutOrdinance - 26-86 - Amending Section 4.02 of City Code - 05/20/1986 ORDINANCE NO.
AN ORDINANCE' OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE SECTION 4 . 02, SUBD . 4 .G. ; SECTION 4 . 14 ; SECTION 4 . 30; SEC-
TION 4 .32, SUBD . 1; AND SECTION 4 . 51, SUBD. 5 , AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 4 . 99 , WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS:
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Eden Prairie City Code Section 4 . 02 , Subd . 4 .G . ,
is hereby amended to read:
G . Re-.,ocation, or Suspension [or Fine] . The-Eau.rt-
eil-ray--iR-its-sele-diseretien-and-€ems-any-�easenable-eaese;
�e�eke--a�-stispc�nel-€ems-a-ee�ieel-net-te-exeeed-sixty-days,--any !
iieense-granted-t�flele�-the-p�e�isiens-a€-tkis-6hapte�_--The-Eet�neii
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shall-�e�e}�e-the-lieer:9e-xpea-ean�*ietien-a€-and*-€ieer3see-ems-agent
e�-empleyee-a€-a-?-ieensee-€ems-vielating-any-€aW-�elat°n�}-te-the
sale-er-pesseesion-a€-bees--Hine-er-lieuar-upan-premises-e€-the
� lieensee--e�-i€-st�eh-�e�*eeat3en-is-manelate�y-b�+-8tatt�te.--1€-it x
sha11-be-made-te-appeatz-at-the-hearing-the reon-that-sueh-vielat:tam
was-net-trill Eel--the-EeuneiI-may-ender-sus pen sion-. -previded--that.
re_Vaea tin m-shall-be-erdered-upon-the-third-seek-violation-er
offense-. [Upon a finding that the licensee of any license granted
pursuant to this Section has failed to comply with any applicable
Statute, regulation or ordinance relating to intoxicating liquor,
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the Council shall either suspend the license for a period not to
exceed sixty days, revoke the license or impose a civil fine on
the licensee not to exceed $2, 000 . 00 for each violation. ) No
suspension [ , fine, ] or revocation shall take effect until the
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licensee for permit holder] has been afforded an opportunity for
a hearing before the Council, a commi--tee of the Council, or a
hearing examiner, as may be determined by the Council in action
calling the hearing. Such hearing shall be called by the Council
upon written notice to the licensee served in person or by certi-
fied mail not less than fifteen nor more than thirty days prior to
the hearing date, stating the time, place and purpose thereof . a
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[The Council shall revoke the license upon conviction of any
licensee or agent or employee of a licensee for violating any lacy
relating to the sale or possession of beer, wine or liquor upon
the premises of the licensee , or if such revocation is mandatory
by Statute . If it shall be made to appear at the hearing thereon
that such violation was not willful , the Council may order suspen-
sion or a fine not to exceed $2, 000.00 ; provided, that revocation
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shall be ordered upon the third such violation or offense. ] As
additional restrictions or regulations on licensees under this
Chapter, and in addition to grounds for revocation or suspension
stated in the City Code or Statute, the following shall also be
grounds for such action: (1) that the licensee suffered or per-
mitted illegal acts upon the licensed premises unrelated to the
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sale of beer, wine or liquor; (2) that the licensee had knowledge
of such illegal acts upon the licensed premises , but failed to.
report the same to police; or- (3) that the licensee failed or
refused to cooperate fully with police in investigating such
alleged illegal acts upon licensed premises [ ; or, (4) that the z
licensee failed to maintain financial responsibility required by ;
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.section 4 . 14 of the City Code] . The Council may, in its discre-
tion, contract with the State of Minnesota for a hearing examiner
to hold such hearing.
Section 2. Eden Prairie City Code- Section 4 .14 is hereby
amended to read:
SEC. 4 . 14 . FINANCIAL RESPONSIBILITY OF LICENSEES .
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Subd. 1. Proof. No beer, wine or liquor license shall
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be issued [ , maintained, ] or renewed unless and ur_til the appli-
cant has provided proof of financial responsibility imposed by
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Minnesota Statutes, Section 340 . 95 , by filing with the City:
A. A certificate that there is in effect an
insurance policy or pool providing minimum coverages of (1)
$50 , 000 . 00 because of bodily injury to any one person in any one
occurrence, and $100, 000 . 00 because of bodily injury to two or
! more persons in any one occurrence, and in the amount of $10,000 . 00
because of injury to or destruction of property of others in any
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one occurrence, and (2) $50, 000 . 00 for loss of means of support
of any one person in any one occurrence, and, subject to the
limit of one person, $100 , 000 : 00 for loss of means of support of
two or more persons in any one occurrence [ (an annual aggregate
policy limit for dram shop liability of not less than $300 ,000 . 00
per policy may be included in the policy provision) ] ; or, }
B. A bond of a surety company with minimum
covera es as g provided in Subparagraph A of this Section; or,
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C. A certificate of the State Treasurer that the
( licensee has deposited with him $100, 000 . 00 in cash or securities
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which may legally be purchased by savings banks or for trust funds
having a market value of $100, 000 . 00 .
Subd. 2 . Exception. This Section does not apply to
on-sale beer licensees with sales of beer of less than $10 , 000 . 00
for the preceding year, nor to off-sale beer licensees with sales
of beer of less than $20 , 000 . 00 for the preceding year, nor does
it apply to holders of on-sale wine licenses with sales of wine
of less than $10 , 000.00 for the preceding year. An affidavit of
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the licensee shall be required to establish the exemption under
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this Subdivision.
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[Subd. 3. The liability insurance policy, bond or
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certificate of the State Treasurer required above shall provide
that it may not be cancelled for any cause either by the licensee
or the insurance company, bond company or State Treasurer, without
first giving ten days ' notice to the municipality in writing of j
intention to cancel it, addressed to the City Clerk.
Subd. 4 . Every application for the issuance or renewal
of a license for the sale of intoxicating or non-intoxicating
liquor must include a copy of each Summons received by the appli-
cant under Minnesota Statutes, Section 340 . 951, during the
preceding year. ]
Subd. -3 [5]. Documents Submitted to Commissioner. All
proofs of financial responsibility and exemption affidavits filed
with the City under this Section shall be submitted by the City
to the Minnesota Commissioner of Public Safety.
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Section 3 . Eden Prairie City Code Section 4 . 30 is hereby'
amended to read:
SEC . 4 . 30 . BEER LICENSE REQUIRED. It is unlawful for any
person to sell, or keep or offer for sale, any beer without a
license therefor from the City . This Section shall not apply to
sales by manufacturers to wholesalers or to sales- by wholesalers
to persons holding [licensed by the City to sell ] on-sale or
off-sale beer licensee-from-the-Eity for intoxicating liquors ,
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nor shall this Section apply to sales to the public by persons
licensed by the City to sell on-sale or off-sale intoxicating
liquors) .
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Section 4 . Eden Prairie City Code Section 4 . 32 , Subd. 1, is s
hereby amended to read:
Subd. 1 . No gambling or gambling device shall be per-
mitted on any licensed premises , except such as are licensed
under the-c ity-eode [Minnesota Statutes, Section 349 , et seq. ] 1
Section 5 . Eden Prairie City Code Section 4 . 51 , Subd. 5, is
hereby amended to read:
Subd. 5. No gambling or gambling device shall be per-
mitted on any licensed premises, except such as are licensed under
the-Eity-Eede [Minnesota Statutes, Section 349 , et seq. ]
Section 6 . City Code Chapter 1 entitled "General Provisions
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and Definitions Applicable to the Entire City Code Including
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Penalty for Violation" and Section 4 .99 are hereby adopted in
their entirety, by reference, as though repeated verbatim herein.
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Section 7. 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 20th day of May ,
1986, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the 3rd
day of June 1986 -
ATTEST:
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City ayo
PUBLISHED in the Eden Prairie News on the 18th day of
February 1986.
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�UURI)Il1tA1V(;E 2 '
ORDINANCE OF THE ;OF EDEN
PRAIRIE.: MINN SQ3't4, NDING
CITY CODE SECTION 4.02,°SUBD. 4.G.;
SECTION=4.14; SECTION 4 30; 'SECTION
4=SUBD,1;AND SECTION 4,51.SURD.5,
jqny
s..fCH'AMONO,-OTHEI 'THINGS. CON-
aPENAL TY I"'ROVISIONS:
CITY COUNCIL OF THE CITY OF
EPW-PI AIRLE,MIN-NESOTA,ORDAINS:
Seetioir is Eden Prairie City,Code Section
4.1X Sutb&,4.Gr;..is hereby amended to read:
G.Revaeation.Suspension or Fine. Upon
finping that the licensee of-any license
go�osu"t W this Zectlon has failed to
r w.th, an applieable Statute,
. or 7-and ►ce relating to in-
tot>dca liquor, the:Council shall either
l�cdmsefora o "�t ito mposes exceedAffidavit of Publication
sIrat„`;re�egfCe.tl 'tise.or impose a
c fin on,,thg licensee 'not to exceed
i2 oo lim e tar.each violation. No suspension. S o u t h w e s t Suburban Publishing Inc.
fbger, faevocat�ait shall take effect until the
1i eAsee'ar- t bolder bas been afforded
an ,p rtaM1 !..for°a .hearing before the
Cif gittee Of the Council. or a
t� eltrtiner,as may be determined by
the •Co' 8 in action calling the hearing. )
Suehl;liearing shall,he called by the Council State of Minnesota
upon written notice too the licensee served in
person or,by. certified mail not less thdn )SS.
fifteen nor niece than thirty days prior to tt:e
hearing date. stating the time, place' and County of Hennepin )
purposetl�ereof.The Council shall revoke the
lliicense upon conviction of any licensee or
agent or employee of,a licensee for violating newspaper
any, Is*relating to the sale or possession of Stan Rolisrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the news + r known as
beer.,wine or liquor upon the premises of the the Eden Prairie News and Ila.%full knowledge(if the facts herein stated as follows: legal newspaper,as provided by
i A I Tins newspaper have con bid with the r uirenients constituting qualifwatwn as a
licensee,or ifsuch revocation is mandatory Minnesota-statute 331A.02,331A.1r1,and other applicable laws,as amended. __
by Statute. If it Rhall be made to appear at ` 7 waspublished on the date
At-
the hearing thereof that such violation was i E;I'l he printed public notice that is attached to this Affidavit and identif led as No. /5
not willful,the Council may order suspension or dates and in the newspaper stated in the attached Noti and said Notice is hereby incorporated as part of this se
or a fine not to exceed$2.000.00. provided, fidavit. Said notice was cut from the columns of the newspaper specified. ['noted below is a copy o[the lower case
that revoca atered U n the alphabet iron+A to Z.both inclusive,and is hereby acknowledged as lett+g the kind and size of type used m the cornposiuon
--- and publication of the Notice:
%op M. Prairie City Code Section abcdetghijklninnpgrstuvwxyz
.hereby amended to read:
CA.90.BEER.UCENSE REQUIRED.
It is unlawful for any person to sell,or keep fly:
or offer for sale.any beer without a license Sta tnitsrud.Publisher
therefor from the City:This Section shall not
apply to sales by manufacturers to
wholesalers or to sales by wholesalers to Subscrite.t and sworn before nic on
persons licensed by the City to sell on-sale or 1
off-sale beer or intoxicatingliquom nor shall
this Section apply to sales to the public by
persons licensed by the City to sell on-sale or /
off-oale into3dcating liquors. till., l day($1 198
Section 4."Eden Prairie City Code Section + :
4.32,Subd.1.is herebyy amended to read:
Subd. 1. No gambling or gambling device
shall be permitted on any licensed premises. � �/�1t-'�-�
except such as are licensed under Minnesota j
Statutes.Section 340,et.seq. t.aune Hartinann,Notary Public r
Section 5.No gambling or gambling device
shall be permitted on any licensed premises,
except such as are licensed under Minnesota RATE INFORMATION
Statutes,Section 349.et seq
Section 6. City Code Chapter 1 entitled l
"General Provisions and Definitions A Lowest classified rate paid by commercial users for comparable space....$6.00 per column inch
plicable to the Entire City Code Including Maximum rate allowed by Law for the above matter......................................$4.49 per column inch
Penalty for Violation" and Section 4.99 are ........$4.49 per column inch
hereby adopted in their entirety, by Rate actually charged for the above matter._-
reference, as though repeated verbatim
herein.
Section 7. This ordinance shall become.
effective from and after its passage and '
publication.
FIRST READ at a regular meeting of the
City Cound it of the City of Eden Prairie on
the 20th day of May, 1988, and finally read
and adopted and ordered published at a
re filar meeting of the City Council of said
n the 3rd day of June,1986.
AL SST:
.Aerk Mayor
(Published in the Eden Prairie News on i.
Wednesday,February 18,19817;No.4575) i
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