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Home My WebLink AboutOrdinance - 21-96 - Amending City Code Sec. 4.05 & 4.03 - Liquor Licensing - 04/16/1996 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 4 . 05 ENTITLED "STANDARDS" BY: ELIMINATING SUBD. 2A WHICH PROHIBITS THE ISSUANCE OF LIQUOR LICENSES TO PERSONS WHO ARE NOT CITIZENS OR RESIDENT ALIENS OF THE UNITED STATES, RE-LETTERING SUBDIVISIONS 2 .B. , 2 .C. , 2 .D. , AND 2 .E. AS 2 .A. , 2 .B. , 2 .C. , AND 2 .D. RESPECTIVELY, AND AMENDING SUBD. 6; AMENDING CITY CODE SECTION 4 .30 BY DESIGNATING THE PRESENT TEXT AS SUBD. 1 AND ADDING SUBD. 2 TO PROVIDE FOR THE SALE BY CERTAIN HOLDERS OF BOTH WINE AND BEER LICENSES TO SELL BEER CONTAINING MORE THAN 3 .2% ALCOHOL BY VOLUME WITHOUT A LIQUOR LICENSE, 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. City Code Section 4 . 05, Subd. 2 is amended as follows : "Subd. 2 . No license may be issued under this section 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 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 liquors . C. 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. D. A person not of good moral character or repute. " Section 2 . City Code Section 4 . 05, Subd. 6 is amended as follows : "Subd. 6 . Limitation on Ownership. No person shall be granted liquor or wine licenses at more than two locations . 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. " Section 3 . City Code Section 4 .30 is amended by designating the present text of Section 4 .30 as Subd. 1, and by adding Subd. 2 as follows : "Subd. 2. Notwithstanding the prohibition contained in Subd. 1 hereof, the holder of an on-sale wine license who is also licensed to sell beer at on-sale and whose gross receipts are at least 60% attributable to the sale of food, may sell malt beverages containing in excess of 3 .2% of alcohol by weight at on-sale without an additional license. " Section 4 . 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 5 . 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 &vim day of A I// , 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the Est day of Z27Q_�, 1996 . Ci lerk ayor PUBLISH AD in the Eden Prairie News on the c.30* day of 1996 . CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.21-9 6 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY-CODE SECTION 4.05 ENTITLED,"STANDARDS" BY: ELIMINATING SUBD. 2A WHICH PROHIBITS THE ISSUANCE OF LI- PERSONS WHO ARE NOT CITIZEUR LICENSESN OR RESIDENT Affidavit of Publication ALIENS OF THE UNITED STATES,RE- LETTERING SUBDIVISIONS 2.B.,2.C., Southwest Suburban Publishing 2.D.,AND 2.E.AS 2.A.,2.B.,2.C.,AND 2.D. RESPECTIVELY, AND AMEND- ING SUBD.6;AMENDING CITY CODE SECTION 4.30 B Y DESIGNATING THE PRESENT TEXT AS SUBD. 1 AND State of Minnesota ADDING SUBD.2 TO PROVIDE FOR THE SALE BY CERTAIN HOLDERS )SS. OF BOTH WINE AND BEER LICENSES County of Hennepin TO SELL BEER CONTAINING MORE THAN ALCOHOL VOLUME Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of WITHOUT UT A LIQUOR LICENSE,AND ADOPTING BY REFERENCE CITY the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated CODE CHAPTER 1 AND SECTION as follos: (A)This newspaper has complied with the requirements constituting qualification as a legal 4.99 WHICH, AMONG OTHER newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as VISIONS. THINGS] CONTAIN PENALTY PRO- amended. pp THE CITY COUNCILOFTHEMINNESOTA, The printed public notice that is attached to this Affidavit and identified as No.� OF EDEN PRAIRIE, MINNESOTA, (B) P � ORDAINS: was published on the date or dates and in the newspaper stated in the attached Notice,and said Section 1. City code Section 4.05, Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of the subd.2 is amended as follows: newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both "Subd. 2.No lip may be issued inclusive,and is hereby acknowledged as being the kind and size of type used in the composition under this section to.' and publication of the Notice: A. A person under twenty-one (21) years of age. abcdefghijklmno qr to yz B.A person who,within five(5)years of the license application,has been con- victed of a felony or a willful violation of a federal or state law or local ordinance B governingthemanufacture,sale,distribu- Stan Rolfsiud,General Manager lion,or possession for sale or distribu- or his designated agent tion of intoxicating liquor or nonintoxi- cating malt liquors. C.Apersonwho hashad anintoxicat- Subscribed and sworn before me on ing or nonintoxicating liquor license re- voked within five(5)years of the license application;or to any person who at the time of the violation owns any interest, thi��day of2///,_,,-_ 11996 J".I GWERI P t. R�IDUENZ whether as a holder of more than five VOTARY pUBLIC—"tf\?.SSOTA percent (5%) of the capital stock of a rTr Con'nvSsiow EXPIRES 1-31-CO corporation licensee,as apartneror other- wise,in the premises or in the business conducted thereon; or to a corporation, Notary Public partnership,association,enterprise,busi- ness,or firm in which any such person is in any manner interested. D.A person not of good moral char- acter or repute." Section 2. City Code Sectiom 4.05, Subd.6 is amended as follows: "Subd. 6.Limitation on Ownership. No person shall be granted liquor or wine licenses at more than two locations.For the purpose of this Section, any person owning an interest of five percent(5%a)or more of the entity to which the license is issued or such ownership by a member of RATE INFORMATION his immediate family shall be deemed to be a licensee." Lowest classified rate paid by commercial users for comparable space......$16.00 per column inch Section 3.City Code Section 4.30 is Maximumrate allowed bylaw for the above matter..................................$16.00 per column inch amended by designating the present text Rate actually charged for the above matter.............................................. $ 7.67 per column inch of Section 4.30 as Subd.1,and by adding Subd.2 as follows: "Subd.2.Notwithstanding theprohi- bition contained in Subd. 1 hereof, the holder of an on-sale wine license who is also licensed to sell beer at on-sale and whose gross receipts are at least 60% attributable to the sale of food,may sell malt beverages containing in excess of 3.2%r of alcohol by weight at on-sale without an additional license." Section 4. City Code Chapter 1 en- titled "General Provisions and Defini- tions Applicable to the Entire City Code Including Penalty for Violation"and Sec- tion 4.99 entitled "Violation a Misde- meanor"are hereby adopted in their en- tirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall be- come 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 16th day of April, 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21st day of May,1996. John Frane City Clerk (Published in the Eden Prairie News on Thursday,May 30, 1996;No.7595)