HomeMy WebLinkAboutOrdinance - 13-92 - Amending City Code Chapter 4 RE: Liquor - 05/05/1992 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 13-92
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 4; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1,
WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS:
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MM"ESOTA, ORDAINS:
Section 1. Eden Prairie City Code, Chapter 4 is hereby amended to read:
CHAPTER 4
BEER,WINE AND LIQUOR LICENSING AND REGULATION
SECTION 4.01. DEFINITIONS.
As used in this Chapter, unless otherwise stated in specific sections, the following words and terms shall have the
meanings stated:
Subd. 1. "Alcoholic beverage" is any beverage containing more than one-half of one percent alcohol by volume.
Subd. 2. "Applicant" means any person making an application for a license under this Chapter.
Subd. 3. "Application"means a form with blanks or spaces thereon,to be filled in and completed by the applicant
as his or her request for a license, furnished by the City and uniformly required as a prerequisite to the
consideration of the issuance of a license for a business.
Subd. 4. 'Beer or Non-Intoxicating Malt Liquor" means intoxicating malt liquor which contains not less than
one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight.
Subd. 5. "Club" is an incorporated organization organized under the laws of the state for civic, fraternal, social,
or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered
veteran's organization, which has more than fifty (50) members; has owned or rented a building or space in a
building for more than one(1)year that is suitable and adequate for the accommodation of its members; and which
is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting
held for that purposes.
No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the
members of the club or their guests beyond a reasonable salary or wages fixed and voted each year by the governing
body.
Subd. 6. "Guest" means a person not a member of the club licensee but present on the club licensed premises in
the company of a host member.
Subd. 7. "Host Member" means a member who is entertaining a guest who is in the member's company at all
times such guest is on the licensed premises.
Subd. 8. "Hotel" is an establishment where food and lodging are regularly furnished to transients and which has
• a resident proprietor or manager, a dining room serving the general public at tables and facilities for seating at least
one hundred(100)guests at one time and a minimum of one hundred(100)guest rooms.
Subd. 9. "Intoxicating Liquor"and"Liquor" mean ethyl alcohol and distilled,fermented, spirituous,vinous and
malt beverages containing in excess of 3.2 percent of alcohol by weight.
Subd. 10. "License" means a document issued by the City to an applicant permitting him to carry on and transact
the business stated therein.
Subd. 11. "License fee" means the money paid to the City pursuant to an application and prior to issuance of a
license to transact and carry on the business stated therein.
Subd. 12. "Licensee" means an applicant who, pursuant to his approved application, holds a valid, current,
unexpired license,which has neither been revoked nor suspended, from the City for carrying on the business stated
therein.
Subd. 13. "Manufacturer" means every person who, by any process of manufacture, fermenting, brewing,
distilling,refining,rectifying, blending,or by the combination of different materials,prepares or produces liquors,
wine or beer for sale.
Subd. 14. "Member" means any person in good standing according to rules and regulations of the licensed club,
wherever located, having evidence of current membership upon his person.
Subd. 15. "Off-sale"means the retail sale of beer or liquor in original packages for consumption off or away from
the premises where sold.
• Subd. 16. "On-sale" means the retail sale of beer, wine or liquor by the glass or by the drink for consumption on
the premises where sold only..
Subd. 17. "Package"and"original package"mean any container or receptacle holding liquor,wine or beer,which
container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.
Subd. 18. "Restaurant"is an establishment,other than a hotel,under the control of a single proprietor or manager,
where meals are regularly served at tables to the general public and having a seating capacity for a minimum of one
hundred fifty (150)guests.
Subd. 19. "Wholesaler" means any person engaged in the business of selling liquor,wine or beer to retail dealers.
Subd.20. "Wine"is sparkling and carbonated wine,wine made from condensed grape must,wine made from other
agricultured products than sound,ripe grapes, imitation wine,compounds sold as wine,vermouth, cider,perry and
sake, in each instance not containing less than seven percent(7%)nor more than twenty-four percent(24%)alcohol
by volume for nonindustrial use.
SECTION 4.02. LICENSE APPLICATIONS.
Subd. 1. Application. All applications shall be made at the office of the City Clerk-Treasurer upon forms if
prescribed by the proper Department of State of Minnesota,together with such additional information as the Council
may desire. If State forms are not prescribed, then applications shall be made upon forms furnished by the City.
Information required may vary with the type of business organization making application. All questions asked or
information required by the application forms shall be answered fully and completely by the applicant.
Subd. 2. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission
upon any application form. Any false statement in such application or any willful omission to state any information
called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license
or, if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant
from prosecution for violation of this Chapter or any part thereof.
Subd. 3. Application and Investigation Fees. At the time of the initial application,applicants for on-sale liquor
licenses,beer licenses and on-sale wine licenses shall pay a fee to the City which shall 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 thereof. No such fee shall be required of an applicant for a temporary beer or liquor license.
Subd. 4. Applications for Renewal. Applications for renewal of all licenses under this Chapter shall be made
at least sixty(60)days prior to the date of expiration of the license and shall contain such information as is required
by the City. This time requirement may be waived by the Council for good and sufficient cause.
Subd. 5. Corporate Applicants and Licensees. A corporate applicant, at the time of application, shall furnish
the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list
shall 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. It is the duty
of each corporate licensee to notify the City Clerk-Treasurer in writing of any change in legal ownership or
beneficial interest in such corporation or in such shares. The 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 entitled to be voted at a
meeting of the shareholders of a corporate licensee,which results in the change of voting control of the corporation
by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the
corporation. The council or any officer of the City designated by it may at any reasonable time examine the stock
transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and
• the Council or its designated officer may examine the business records of any other licensee to the extent necessary
to disclose the interest which persons other than the licensee have in the licensed business.
Subd. 6. 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 applicant under Minnesota Statutes, 1990, Section
340A.802, during the preceding year.
SECTION 4.03. FINANCIAL RESPONSIBILITY OF APPLICANTS AND LICENSEES.
Subd. 1. Proof. No beer, wine or liquor license shall be issued, maintained, or renewed unless and until the
applicant has provided proof of financial responsibility imposed by Minnesota Statutes, 1990, Section 340A.409,
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 one occurrence; and (2) $50,000.00 for loss of
means of support of any one person in any one occurrence and$100,000 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 coverages as provided in Subparagraph A of this Section; or
C. A certificate of the State Treasurer that the licensee has deposited with him $100,000.00 in cash or
securities 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 licenses with sales of beer of less than
• $10,000.00 for the preceding year, to off-sale beer licensees with sales of beer of less than $20,000.00 for the
preceding year, or to holders of on-sale wine licenses with sales of wine of less than$10,000.00 for the preceding
year. An affidavit of the licensee shall be required to establish the exemption under this Subdivision.
Subd. 3. The liability insurance policy,bond or certificate of the State Treasurer required above shall provide that
it may not be canceled for any cause by the licensee, the insurance company, bond company or State Treasurer
without first giving thirty(30)days'notice to the municipality in writing of intention to cancel it. Such notice must
be addressed to the City Clerk.
Subd. 4. Documents Submitted to Commission. 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.
SECTION 4.04. PROCESSING OF APPLICATION.
Subd. 1. Granting. The Council may approve any application for the period of the remainder of the then current
license year or for the entire ensuing license year. All applications including proposed license periods must be
consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall pay the
license fee and, if applicable, pay the investigation fee. Upon rejection of any application for a license or upon
withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the
applicant.
Subd. 2. Manager or Agent. Before a license is issued under this Chapter to an individual who is a non-resident
of the City, to more than one individual whether or not they are residents 'of the City, or to a corporation,
partnership, or association, the applicant or applicants shall appoint in writing a natural person who is its manager
• or agent. Such manager or agent shall, by the terms of his 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,by reason of age, character, reputation,and other attributes,
could qualify individually as a licensee. If such manager or agent ceases to act in such capacity for the licensee
without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation
or suspension.
Subd. 3. Issuing. If an application is approved, the City Clerk-Treasurer shall forthwith issue a license pursuant
thereto in the form prescribed by the City or the proper Department of the State of Minnesota, as the case may be,
and upon payment of the license fee. All licenses shall be on a calendar year basis unless otherwise specified
herein. For licenses issued and which are to become effective other than on the first day of the licensed year, the
fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only
at one location and on the premises therein described.
Subd. 4. Conditional Licenses. Notwithstanding any provision of law to the contrary, the Council may, upon a
finding of the necessity therefor, place such special conditions and restrictions, in addition to those stated in this
Chapter, upon any license as it, in its discretion, may deem reasonable and justified.
Subd. 5. Every license shall be granted subject to the provisions of this Chapter and all other laws relating to the
operation of licensee's business.
Subd. 6. No license shall be effective until a license shall be issued to a licensee under the laws of the United
States or the laws of the State of Minnesota, if required by such laws.
SECTION 4.05. STANDARDS.
• Subd. 1. The council may in its sole discretion, for any reasonable cause, refuse to grant any application.
Subd. 2. No license may be issued under this section to:
A. A person not a citizen of the United States or a resident alien.
B. A person under twenty-one(21) years of age.
C. A person who within five(5) years of the license application has been convicted of a willful violation of
a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for
sale or distribution of intoxicating or non-intoxicating malt liquors.
D. A person who has had an intoxicating or non-intoxicating liquor license revoked within five(5) years of
the license application; or to any person who at the time of the violation owns any interest, whether as a
holder of more than five percent (5%) of the capital stock of a corporation licensee, as a partner or
otherwise, in the premises or in the business conducted thereon; or to a corporation, partnership,
association, enterprise, business, or firm in which any such person is in any manner interested.
E. A person not of good moral character or repute.
Subd. 3. No license shall be granted to a wholesaler or manufacturer of liquor,beer or wine or to anyone holding
a financial interest in such manufacture or wholesaling.
Subd. 4. Except as otherwise provided in this Chapter, no license shall be granted for any building within three
hundred(300)feet of any public elementary or secondary school structure or within one hundred(100)feet of any
church structure.
Subd. 5. Delinquent Taxes and Charges. No license under this Chapter shall be granted for operation on any
• premises upon which taxes, assessments, or installments thereof or other financial claims of the City are owed by
the applicant and are delinquent and unpaid. For the purpose of this Section, "applicant" includes persons and
related persons owning, directly or indirectly, (1) at least a fifty percent(50%)beneficial interest in the proposed
license or in the entity making the interest in the proposed license 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.
Subd. 6.Limitation on Ownership. No person shall be granted liquor or wine licenses at more than one location.
For the purpose of this Section, 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 his immediate family shall be deemed to be a licensee.
Subd. 7. On-sale intoxicating liquor licenses shall be granted only to hotels,restaurants,clubs,and congressionally
chartered veterans organizations.
Subd. 8. The Council may issue the number of licenses authorized by statute or restrict such number from time
to time as it may, in its discretion, deem proper.
SECTION 4.06. GENERAL PROVISIONS REGARDING LICENSES.
Subd. 1. Duplicate licenses. Duplicates of all original licenses under this Chapter maybe issued by the City
Clerk-Treasurer without action by the Council.
Subd. 2. Posting. All licensees shall conspicuously post their licenses in their places of business.
Subd. 3. Premises Licensed. Unless expressly stated therein,a license issued under the provisions of this Chapter
shall be valid only in the compact and contiguous building or structure situated on the premises described in the
license, and all transactions relating to a sale under such license must take place within such building or structure.
Subd. 4. Principal Part of Business. A licensed restaurant shall be conducted in such manner that the principal
part of the business for a license year is the serving of foods. A hotel shall be conducted in such manner that, of
that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the
principal part of the business for a license year is the serving of foods. "Principal part" shall mean fifty percent
(50%) or more of the gross receipts.
Subd. 5. Premises'Subject to Inspection. All premises licensed under this Chapter shall at all times be open to
inspection by any police officer to determine whether or not this Chapter and all other laws are being observed.
All persons, as a condition to being issued such license, consent to such inspection by such officers and without a
warrant for searches or seizures.
Subd. 6. Conduct on Licensed Premises. Except as herein provided, every licensee under this Chapter shall be
responsible for the conduct of his place of business and shall maintain conditions of sobriety and order therein.
Subd. 7. License Refundment in Certain Cases. A pro-rata share of an annual license fee for a license issued
under this section shall be refunded to the licensee or to the licensee's estate if the business ceases to operate
because of destruction or damage, if the licensee dies, if the business ceases to be lawful for a reason other than
a license revocation or if the licensee ceases to carry on the licensed business under the license. Under any of these
circumstances the license shall be deemed to have expired.
Subd. 8. Transfer. No license shall be transferable between persons or location without the consent of the
Council.
Subd. 9. Termination. Licenses shall terminate only by expiration or revocation.
SECTION 4.07. RESTRICTIONS AND REGULATIONS.
• Subd. 1. 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 licensed
premises for the purpose of consuming,purchasing or procuring beer, wine or liquor. Such proof of age
may be established only by a valid driver's license or current Minnesota identification card issued pursuant
to Minnesota Statutes, 1990, Section 171.07, or a valid alien passport.
D. Licensee to hinder or prevent a police officer from making an inspection to determine whether or not the
provisions of this Chapter and all laws are being observed.
E. Licensee to sell beer, wine or liquor on any day or at any time when such sales are not permitted by law.
F. Licensee to permit consumption of beer,wine or liquor on licensed premises more than twenty(20)minutes
after the hour when a sale thereof can legally be made.
G. Any on-sale licensee to permit any glass,bottle or other container, containing beer, wine or liquor 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 beer, wine or liquor to any person who is obviously intoxicated.
J. Licensee to sell, offer for sale, or keep for sale, beer, wine or liquor in any original package which has
been refilled or partly refilled.
K. Licensee to display beer, wine or liquor to the public during hours when sale of these beverages is
prohibited.
SECTION 4.08. REVOCATION, SUSPENSION OR FINE.
Upon a finding that the licensee of any license granted pursuant to this Chapter has failed to comply with any
applicable Statute, regulation or ordinance relating to an alcoholic beverage, the Council shall either suspend the
license for a period not to exceed sixty(60)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 licensee or permit
holder has been afforded an opportunity for a hearing, pursuant to Minnesota Statutes, 1990, Sections 14.57 -
14.70,before the Council,a committee 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 certified mail not less than fifteen (15) nor more than thirty (30) days prior to the hearing date,
stating the time, place and purpose thereof. The Council may, in its discretion, contract with the State of
Minnesota for a hearing examiner to hold such hearing.
SECTION 4.20. 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 licensed
• by the City to sell on-sale or off-sale beer or intoxicating liquors,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.
SECTION 4.21. TEMPORARY BEER LICENSE.
Subd. 1. Applicant. A club or charitable, religious,or non-profit organization, duly incorporated as a non-profit
or religious corporation under the laws of the State of Minnesota and having its registered office and principal place
of activity within the City, shall qualify for a temporary on-sale beer license for serving beer on and off school
grounds and in and out of school buildings.
Subd. 2. Conditions.
A. An application for a temporary license shall state the exact dates and place of proposed temporary sale.
B. No applicant shall qualify for a temporary license for more than a total of seven(7)days in any calendar
year.
C. The Council may grant a temporary beer license on premises owned or controlled by the City, but at no
time shall the Council be under any obligation whatsoever to do so. Any such license may be conditioned,
qualified or restricted as the Council sees fit. If the premises to be licensed are owned or under the control
of the City, the applicant shall file with the City, prior to issuance of the license, a certificate of liability
insurance coverage in at least the sum of$100,000.00 for injury to any one person and$300,000.00 for
injury to more than one person, naming the City as an insured during the license period.
SECTION 4.22. DAYS AND HOURS OF BEER SALES.
• No sale of beer shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through
Saturday, inclusive. Neither shall any beer sale be made on any Sunday between the hours of 1:00 a.m. and 12:00
noon.
(Section 4.23 through 4.29, inclusive, reserved for future expansion.)
SECTION 4.30. LIQUOR LICENSE REQUIRED.
It is unlawful for any person to sell, or keep, or offer for sale any liquor without a license therefor from the City.
This Section shall not apply (1) to 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 legitimate religious ceremony; (2) to such
potable liquors as are prescribed by licensed physicians and dentists for therapeutic purposes; (3) to industrial
alcohol and its compounds not prepared or used for beverage purposes; (4) to wine in the possession of a person
duly licensed under this Chapter as an on-sale wine licensee; or(5)to sales by manufacturers to wholesalers duly
licensed as such by the State of Minnesota and to sales by wholesalers to persons holding on-sale or off-sale licenses
from the City.
SECTION 4.31. TEMPORARY LIQUOR LICENSE.
Subd. 1. The Council may issue to a club, charitable, religious, or other non-profit organization in existence for
at least three(3) years a temporary license for the on-sale of intoxicating liquor in connection with a social event
held within the City and sponsored by the licensee. The license may authorize the on-sale of intoxicating liquor
for not more than three (3) consecutive days and may authorize on-sales on premises other than premises the
licensee owns or occupies. The license may provide that the licensee may contract for intoxicating liquor catering
services with he holder of a full-year on-sale intoxicating liquor license issued by the City. Temporary licenses are
subject to all laws and ordinances governing the sale of intoxicating liquor except those relating to insurance
required by State law and/or City Code and except those which by their nature are not applicable. Temporary
licenses are not valid unless first approved by the Minnesota Commissioner of Public Safety.
Subd. 2. The Council may issue to the Eden Prairie Foundation a temporary license for the on-sale of intoxicating
liquor in accordance with the provisions of Chapter 86, Laws 1985.
SECTION 4.32. DAYS AND HOURS OF LIQUOR SALES.
Except as provided in Section 4.33, no sale of liquor shall be made between 1:00 a.m. and 8:00 a.m. Tuesday
through Saturday; after 1:00 a.m. on Sunday until 8:00 a.m. on Monday; or between 8:00 p.m. on December 24
until 8:00 a.m. on December 25.
SECTION 4.33. SUNDAY SALES.
A Sunday on-sale liquor license may be issued to hotels,restaurants or clubs,as herein defined,which have on-sale
licenses and which also have facilities for serving not less than one hundred(100)guests at one time,and may serve
liquor between the hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food
provided in conformity with the Minnesota Clear Air Act.
(Section 4.34 through 4.39, inclusive, reserved for future expansion.)
SECTION 4.40. ON-SALE WINE LICENSE REQUIRED.
Subd. 1. On-Sale Wine License Required. It is unlawful for any person to sell, or keep, or offer for sale any
wine without a license therefor from the City. This Section shall not apply(1) to 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
legitimate religious ceremony; (2) to sales by manufacturers to wholesalers duly licensed as such by the State of
Minnesota; (3) to sales by wholesalers to persons holding on-sale or off-sale liquor licenses from the City; or(4)
to sales by wholesalers to persons holding on-sale wine licenses from the City.
Subd. 2. On-sale wine licenses shall be granted only to restaurants as defined in this Chapter. Provided,however,
for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than seventy-five
. (75) guests at one time.
SECTION 4.41. DAYS AND HOURS OF WINE SALES.
No sale of wine shall be made between 1:00 a.m. and 8:00 a.m.Tuesday through Saturday,between 12:00 midnight
and 8:00 a.m. on Monday, between 1:00 a.m. and 10:00 a.m. on Sunday, or between 8:00 p.m. on December 24
until 8:00 a.m. on December 25.
(Section 4.42 through 4.49, inclusive, reserved for future expansion.)
SECTION 4.50. SPORTS OR CONVENTION FACILITIES LICENSE.
The Council may authorize any holder of an on-sale license issued by the City or by an adjacent municipality to sell
liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or
convention facility owned by the City, or instrumentality thereof having independent policy-making and
appropriating authority and located within the City. The licensee must be engaged to sell liquor at such an event
by the person or organization permitted to use the premises and may sell liquor only to persons attending the event.
The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. Such sales
may be limited to designated areas of the facility. All such sales shall be subject to all laws relating thereto.
(Sections 4.51 through 4.59, inclusive, reserved for future expansion.)
SECTION. 4.60. CLUB LICENSEE RESTRICTIONS.
Subd. 1.Unlawful Acts. The following are in addition to all other unlawful acts set forth in this Chapter relating
to sales and purchases of beer or liquor. It is unlawful for any:
A. Club licensee to sell liquor or beer to any person not a member of the licensed club.
B. Club licensee to serve beer or liquor 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 liquor or beer from the club.
D. Club licensee to hinder or prevent a police officer from determining compliance with this Section and
Chapter and all other laws.
E. Person to refuse, upon request of a licensee or police officer, to provide information as to whether he or
she is a member, guest,or host member or to give false, fraudulent,or misleading information in response
to such request.
(Sections 4.61 through 4.69, inclusive, reserved for future expansion.)
SECTION 4.70. MUNICIPAL DISPENSARY.
Subd. 1.Establishment. A Municipal Dispensary is hereby established to be operated within the City for the sale
of liquor potable as a beverage and containing more than 3.2 percent of alcohol by weight. Such Dispensary shall
be at such place or places as the Council shall determine and maybe either leased or owned by the City. It shall
be in the charge of a person known as the Manager who shall have such assistants as may be necessary. All
employees, including the Manager, shall hold their positions at the pleasure of the Council.
Subd. 2. Dispensary Fund. A Liquor Dispensary Fund is hereby created into which all revenues received from
the operation of the Dispensary shall be paid and from which all operating expenses shall 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 municipal purpose.
(Sections 4.71 through 4.79, inclusive, reserved for future expansion.)
SECTION 4.80. UNLAWFUL ACTS. it
• Subd. 1. It is unlawful for any:
A. Person under the age of 21 years to consume any beer, wine, or liquor 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 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 21 years to purchase or attempt to purchase any alcoholic beverage.
D. Person under the age of 21 years to enter an establishment licensed under the Chapter for the purpose of
purchasing or having served or delivered any alcoholic beverage. Persons who are 18, 19, and 20 years
old may enter establishments licensed under this Chapter in order to perform work for the establishment
(including the serving of alcoholic beverages); consume meals; and attend social functions that are held in
a portion of the establishment where liquor is not sold.
E. Person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing
alcoholic beverages.
F. Person to induce person under the age of 21 years to purchase or procure any alcoholic beverage.
G. Person to consume beer,wine,or liquor on licensed premises more than twenty(20)minutes after the hour
when a sale thereof can legally be made. •
H. Person to purchase beer, wine, or liquor 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 21 years of age except that
a parent or guardian of a person under 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 4.81 through 4.89, inclusive, reserved for future expansion.)
SECTION 4.90. LICENSE FEES.
All license and investigation fees provided for in this Chapter, including, but not by way of limitation, fees for
on-sale and off-sale of beer, temporary on-sale of beer, on-sale and temporary off-sale of liquor, and on-sale of
wine, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees,
may, from time to time, be amended by the Council by resolution. A copy of the resolution shall be kept on file
in the office of the City Clerk-Treasurer and open to inspection during regular business hours.
(Sections 4.91 through 4.98, inclusive, reserved for future expansion.)
SECTION 4.99. VIOLATION A MISDEMEANOR.
Every person violates a section, subdivision, paragraph or provision of this Chapter when he 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 shall 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
May 5 , 19 99 and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 19th day of May , 1992.
Douglas Ten6MMayvorY
ATTEST:
pti-L
John , City Clerk
P SHED in the Eden Prairie News on the 4 th day of June, 1992
• REPUBLISHED in the Eden Prairie News on the 25th day of June, 1992.
Amending Chapter 4 City COO
CITY OF EDEN PRAIRIE
E04NEPIN COUNTY, MINNESOTA
ORDINANCE NO. 13-92
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 4
REGARDING LIQUOR, BEER, AND WINE REGULATIONS, AND ADOPTING BY REFRERENCE
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:
Summary: This ordinance amends Chapter 4 of the City Code regarding Liquor, Beer, and
Wine Regulations in compliance with State Statutes.
Effective Date: This Ordinance shall take effect the day after publication.
ATTEST:
/s/ John D. Frane /s/Dou,glas B. Tenpas
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the 4 th day of June , 1992.
REPUBLISHED ih the Eden Prairie News on the 25th day of June, 1992.
(A full copy of the text of this Ordinance is available from City Clerk.)
i
•
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
Amending Chapter 4 City Code )SS.
CITY OF EDEN PRAIRIE Count in of Hennepin
HENNEPIN COUNTY,MINNESOTA Y p )
ORDINANCE NO.13-92
AN ORDINANCE OF THE CITY OF Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the
EDEN PRAIRIE,MINNESOTA, newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows:
AMENDING CHAPTER 4
REGARDING LIQUOR,BEER,AND (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,
WINE REGULATIONS,AND as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended.
ADOPTING BY REFERENCE CITY ,/
CODE CHAPTER 1 AND SECTION (B)The printed public notice that is attached to this Affidavit and identified as No. 7' was
4.99,WHICH,AMONG OTHER published on the date or dates and in the newspaper stated in the attached Notice,and said otice is
THINGS,CONTAIN PENALTY hereby incorporated as part of this affidavit. Said notice was cut from the columns of the newspaper
PROVISIONS specified.Printed below is a copy of the lower case alphabet fromAtoZ,both inclusive,and ishereby
49THE CITY CDuNC L OF THE CITY acknowledged as being the kind and size of type used in the comp o 'ion and publication of the Notice:
F EDEN PRAIRIE, MINNESOTA,
ORDAINS abcdefghijkhnnopgrstuv� y
Summary: This ordinance amends
Chapter 4 of the City Code regarding
Liquor,Beer,and Wine Regulations inz2� )
compliance with State Statutes. BY'
Effective Date:This Ordinance shall V Stan Rolfsrud,Genera fanaQer
take effect the day after publication.
ATTEST:
/s/John D.Franc Subscribed and sworn before me on
City Clerk
/s/Douglas B.Tenpas
Mayor
(A full copy of the text of this Ordinance this��day ofL ,1992
is available from City Clerk.)
(Published in the Eden Prairie News
Thursday,June 25,1992;No.6494)
NotaryPublic
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space ........ $13.50 per column inch
Maximum rate allowed by law for the above matter....................................$13.50 per column inch
Rate actually charged for the above matter....................................................$6.13 per column inch
i
•
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
County of Hennepin )
Amending Chapter 4 City Code Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the
CITY OF EDEN PRAIRIE newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows:
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.13-92 (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,
AN ORDINANCE OF THE CITY as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended.
OF EDEN PRAIRIE, MINNESOTA,
REMOVING CERTAIN LAND FROM (B)The printed public notice that is attached to this Affidavit and identified as No.�va
an s
ONE ZONING DISTRICT AND PLAC- published on the date or dates and in the newspaper stated in the attached Notice, d said Notice is
ING IT IN ANOTHER, AMENDING hereby incorporated as part of this affidavit. Said notice was cut from the columns of the newspaper
THE LEGAL DESCRIPTIONS OF specified.Printed below is a copy of the lowercase alphabet from to Z,both inclusive,and is hereby
ADOPTING BY REFERENCE CITY
LAND IN EACH DISTRICT, AND acknowledged as being the kind and size of type used in the comp s'ion and publication of the Notice:
CODE CHAPTER 1 AND SECTION abcdefghijklmnopgrstuvx . z
11.99, WHICH, AMONG OTHER
THINGS,CONTAIN PENALTY PRO-
VISIONS
THE CITY COUNCIL OF THE CITY By:
OF EDEN PRAIRIE, MINNESOTA,
Stan Rolfsrud,Genera anager
ORDAINS:
Summary: This ordinance amends Subscribed and sworn before me on
Chapter 4 of the City Code regarding
Liquor,Beer,and Wine Regulations in
compliance with State Statutes.
Effective Date:This Ordinance shall this day of ,1992
take effect upon publication.
ATTEST:
/s/John D.Frane
City Clerk _
/s/Douglas B.Tenpas NotaryPublic
Mayor
(A full copy of the text of this Ordinance
is available from City Clerk.)
(Published in the Eden Prairie News RATE INFORMATION
Thursday,June 4,1992;No.6475)
Lowest classified rate paid by commercial users for comparable space ........S13.50 per column inch
Maximum rate allowed by law for the above matter....................................$13.50 per column inch
Rate actually charged for the above matter....................................................$6.13 per column inch