HomeMy WebLinkAboutOrdinance - 30-94 - Liquor Ordinance Chapter 4, 4.05, 8, 21, 31, 32 - 08/16/1994 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 30-94
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 4 RELATING TO BEER, WINE AND LIQUOR LICENSING AND
REGULATION AND ADOPTING CITY CODE CHAPTER 1 AND SECTION 4. 99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Section 4 . 08 is amended to read as
follows :
"SECTION 4 . 08 . REVOCATION, SUSPENSION OR FINE.
Upon a finding that the holder of any license
granted pursuant to this Chapter has (1) sold
alcoholic beverages to another retail licensee
for the purpose of resale, (2 ) purchased
alcoholic beverages from another retail
licensee for the purpose of resale, (3)
conducted or permitted the conduct of gambling
on the licensed premises in violation of the
law, or (4) failed to comply with any
applicable statute, regulation or ordinance
relating to an alcoholic beverage, 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 . 60 for
each violation, or impose any combination of
these sanctions . No suspension or revocation
shall take effect until the license holder has
been given an opportunity for a hearing,
pursuant to Minnesota Statutes, 1990, Sections
14 . 57 - 14 . 69, before the Council, a committee
of the Council, or a hearing examiner, as may
be determined by the Council . Such hearing
shall be called by the Council upon written
notice to the holder of the license served in
person or by certified mail not less than
fifteen (15) nor more than. thirty (3 0) days
prior to the hearing date, stating the time,
place and issues involved, but if by reason of
the nature of the case, the issues cannot be
fully stated in advance of the hearing, or if
subsequent amendment of the issues is
necessary, they shall be fully stated as soon
as practicable, and opportunity shall be
afforded to the holder of the license to
present evidence and argument with respect
thereto . The Council may, in its discretion,
contract with the State of .Minnesota for a
hearing examiner to hold such hearing. "
Section 2 . City Code Section 4 .21, Subds . 1. and 2 . B. are
amended to read as follows :
"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
( "organization" ) , shall qualify for a
bemporaiy on-sale beer license for serving
beer on and off school grounds and in and out
of school buildings . -
Subd. 2. Conditions.
B. No organization shall qualify for a temporary
license for more than a total of seven (7) days in
any calendar year. No more than three (3)
temporary on-sale beer licenses may be _issued to
one (1) organization, or for any on-e (1) .location,
within a *twelve (12) month period. "
Section 3 . City Code Section 4 .31, Subd. 1. is amended to
read as follows :
"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, or to a _2olitical committee
registered cinder Minnesota Statutes Section
10A.14 ( "organization" ) 1_ 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 permanently occupies . No
more than three (3 ) temporary on-safe
intoxicating liquor licenses may issued -to-
one (1). organization or ,for .any,. one local--inor
within a twelve (12) month_ period. The
license may provide that the licensee may
contract for intoxicating liquor catering
services with the 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
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not valid unless first approved by the
Minnesota Commissioner of Public Safety. "
Section 4 . City Code Section 4 .32 is amended to read as
follows :
"SECTION 4 .32. DAYS AND HOURS OF LIQUOR SALES.
No sale of liquor for consumption on the
licensed premises may be made:
(1) between 1 : 00 a.m. and 8 : 00 a.m. on the days of
Monday through Saturday; or,
(2) after 1: 00 a.m. on Sundays, except as provided by
Section 4 .33 . "
Section 5 . City Code Section 4 . 05, Subds . 2 . and 3 . are
amended to read as follows :
"SECTION 4 .05. STANDARDS.
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 a license
application has been convicted of a felony or 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 liquor or non-
intoxicating malt liquor.
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 (50)
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.
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Subd. 3 . No license shall be granted to a
person who has a direct or indirect interest
in a manufacturer, ' brewer or wholesaler. The
terms "manufacturer" , "brewer" and
"wholesaler" have the meanings given them in
Minnesota Statutes 1992, Section 340A. 101,
Subds . 4, 17, and 28, which are incorporated
herein by reference. "
Section 6 . City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 4 . 99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by 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 Council of the
City of Eden Prairie on the 161h da of Aug„;t , 1994,
and finally read and adopted and o d red pub ished at a regular
meeting of the City Council of said Ci y on t e 6th day of
September 1994 .
C' lerk Mayor
11PUBLISHED in the Eden Prairie News on the /il , day of
4: rlj , 1994 .
C:\wp51\rap\ep\ord\liquor.lic
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CITY OF EDEN PRAIRIE,
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 30-94
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 4 RELATING TO BEER, WINE AND LIQUOR LICENSING
AND REGULATION AND ADOPTING 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 sections of the City Code which relate to liquor
licensing and regulation related to revocation, suspension or fine; temporary liquor licenses;
days and hours of liquor sales; and, standards.
Effective Date: This ordinance shall become effective from and after its passage and
publication.
ADOPTED by the City Council on September 6, 1994.
/s/ John D. Frane, City Clerk /s/ Douglas B. Tenpas, Mayor
(A copy of the full text of the Ordinance is available from the City Clerk.)
Affidavit of Publication
Southwest Suburban Publishing
CITY OF EDEN PRAIRIE State of Minnesota )
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.30-94 )SS.
AN ORDINANCE OF THE CITY OF County of Hennepin )
EDEN PRAIRIE.MINNESOTA,
AMENDING Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher
CITY CODE CHAPTER of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein
4 RELATING TO stated as follows:
BEER,WINE AND LIQUOR (A)This newspaper has complied with the requirements constituting qualification as a legal
LICENSING newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
AND REGULATION AND amended.
ADOPTING CITY
CODE CHAPTER 1 (B)The printed public notice that is attached to this Affidavit and identified as No. 171.
AND SECTION 4.99 was published on the date or dates and in the newspaper stated in the attached Notice,and said
WHICH,AMONG OTHER THINGS, Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of
CONTAIN PENALTY PROVISIONS the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both
THE CITY COUNCIL OF THE CITY inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
OF EDEN PRAIRIE,MINNESOTA and publication of the Notice:
ORDAINS:
Summary: This ordinance amends abcdefghijklmno qrs �xyz
sections of the City Code which relate to
liquor licensing and regulation related to
revocation, suspension or fine; tempo-
rary liquor licenses; days and hours of
liquor sales;and,standards. BY:
Effective Date:This ordinance shall Stan Rolfsrud,General Manager
become effective from and after its pas-
sage and publication. Subscribed and sworn before me on �srrserloei. N
ADOPTED by the City Council onOf
September 6,1994. {ter' G11041.1.RADUEfJZ
/s/.iohn D.Franc , ; NOTP,R'f PUSLtC-MINPJES4TA
CityClerk / N �� ` scoffcomw
/s/Douglas B.Tenpas l day of , 1994 '� I. ��y Ccmm,ss,' Expires Feb.24,1S99
Mayor ..s�s4vesveee�e�sc�
(A copy of the full text of the Ordinance
is available from the City Clerk.)
(Published in the Eden Prairie News on
Thursdays,September 15 and 22, 1994; Notary Public
No.7197)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...S 11.20 per column inch
Maximum rate allowed by law for the above matter ......................... $11.20 per column inch
Rate actually charged for the above matter ....................................... $6.89 per column inch