HomeMy WebLinkAboutOrdinance - 25-2018 - Amending City Code Section 4.07, Relating to Liquor Premises - 12/13/2018 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 25-2018
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 4, SECTION 4.07 RELATING TO AMENDMENT OF
LICENSED LIQUOR PREMISES; 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. That Chapter 4, Section 4.07 of the City Code is hereby amended by deleting those
words that are in stfilethfettgh font contained in brackets [ ] and adding those words that are
underlined, to read as follows:
SECTION 4.07. GENERAL PROVISIONS REGARDING LICENSES.
Subd. 10. Amendment of licensed liquor premises. A holder of an on-sale intoxicating liquor
license shall make application to the office of the City Clerk for a temporary amendment of the
licensed premises, at least 60 days in advance, of any event at which the licensee proposes to
amend the liquor licensed premises to provide for liquor service in a compact and contiguous
area not included in the original license application. Included in that application, the licensee
must submit a site plan of the compact and contiguous area from which intoxicating liquor is to
be dispensed and consumed, the maximum anticipated number of guests attending the event and
the total occupancy load for the area covered by the temporarily amended licensed premises. The
application must include evidence of insurance for the area covered by the temporarily amended
licensed premises and payment of the temporal amendment processing fee set forth in the City
Fee Resolution. A security plan and parking, pedestrian circulation and traffic directional plan
approved by the City Police Department and a fire safety plan approved by the City Fire Marshal
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 area to be used must be immediately adjacent to the licensed premises;
B. The area will be used in connection with a special event no longer than three days in
duration;
C. No more than three temporary amendments per year will be allowed for a licensee at one
establishment and a special license issued to a non-profit, charitable, religious or political
organization which contracts with the licensee for provision of service will be counted as
part of this total;
D. Adequate measures will be taken to control access to the additional area, to ensure that
alcoholic beverages will not be furnished in violation of state law or this city code to
persons under the age of 21 years, obviously intoxicated persons or carried outside of the
licensed premises or the temporarily expanded area;
E. Adequate measures will be taken to ensure that there will not be a violation of the city's
noise ordinance;
F. The use of the additional area will not decrease available parking below that required by
the zoning ordinance for the licensed premises,
G. The use of the additional area will not unreasonably impede traffic circulation;
H. The licensee has obtained adequate liability insurance for the additional area; and
I. The issuance of the temporary amendment will not be adverse to the public health, safety
and welfare.
Section 2. 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 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 November, 2018, and finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the 41h day of December, 2018.
Katiden, Porta, City Clerk N cy ra- ens, or
Published in the Eden Prairie News on the 131h day of December, 2018.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 25-2018
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 4, SECTION 4.07 RELATING TO AMENDMENT OF
LICENSED LIQUOR PREMISES; 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:
Summary: This ordinance amends City Code Section 4.07 relating to expansion of a
licensed liquor premises. The ordinance permits the holder of an on-sale intoxicating liquor license
to apply for a temporary amendment of the "licensed premises" to provide for liquor service in a
compact and contiguous area not included in the original license application. The ordinance
requires the licensee to meet a variety of criteria and requirements to be eligible for an amendment
to the licensed premises.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kat een Porta, City Clerk anc y uke ayor
PUBLISHED in the Eden Prairie News on December 13, 2018.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
HENNEPIN COUNTY, publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
MINNESOTA
SUMMARY OF ORDINANCE has full knowledge of the facts herein stated as follows:
NO.25-2018
AN ORDINANCE OF THE (A) This newspaper has complied with the requirements constituting qualification as a
CITY OF EDEN PRAIRIE, legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable
MINNESOTA AMENDING CITY
CODE CHAPTER 4,SECTION 4.07 laws,as amended.
RELATING TO AMENDMENT
OF LICENSED LIQUOR (B) The printed public notice that is attached to this Affidavit and identified as
PREMISES; AND ADOPTING No. �was published on the date or dates and in the newspaper stated in the attached
BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION Notice and said Notice is hereby incorporated as part of this Affidavit.Said notice was cut from
4.99 WHICH AMONG OTHER the columns of the newspaper specified.Printed below is a copy of the lower case alphabet from
THINGS CONTAIN PENALTY
PROVISIONS A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used in
THE CITY COUNCIL OF the composition and publication of the Notice:
THE CITY OF EDEN PRAIRIE,
MINNESOTA,ORDAINS: abcdefghijklmnopgrstuvwxyz
Summary: This ordinance
amends City Code Section 4.07
relating to expansion of a licensed
liquor premises. The ordinance By:
permits the holder of an on-sale
intoxicating liquor license to Laurie A.Hartmann
apply for a temporary amendment
of the licensed premises to provide
for liquor service in a compact Subscribed and sworn before me on
and contiguous area not included
in the original license application.
The ordinance requires the
licensee to meet a variety of
criteria and requirements to be this 1,3�day of +e_ 2018
eligible for an amendment to the
licensed premises.
Effective Date: This
Ordinance shall take effect upon - 'f JYMME JEANNETTE BARK
publication. t
NanTyra-Lukens,Mayor NOTARY PUBLIC MINNESOTA
ey
ATTEST: Kathleen Pbrta,City N ublic e. MY COMMISSION EXPIRES 01/31/23
Clerk ' {
(A full copy of the text of
this Ordinance is available from
City Clerk.)
(Published in the Edeh Prairie
News on Thursday,December 13,
2018:_No.3459) RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter................................... $31.20 per column
inch Rate actually charged for the above matter............................................... $12.97 per
column inch