HomeMy WebLinkAbout7.b. Application for Consumption and Display (Set Up) Permit, Cafe Raisa Ltd.4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: December 7, 2010
AGENDA ITEM: Application for Consumption and Display
AGENDA SECTION:
(Set Up) Permit, Cafe Raisa Ltd.
Public Hearing
PREPARED BY: Amy Domeier, City Clerk
AGENDA NO.
ATTACHMENTS: Minnesota Statute Section 340A.414
APPROVED BY:
RECOMMENDED ACTION: Motion to Approve the Consumption and Display Permit for
Cafe Raisa Ltd. on the premise located at 15090 Chippendale Avenue.
SUMMARY
On September 21, 2010 the City Council issued an On -Sale Wine including Strong Beer, 3.2% Liquor and
Sunday Liquor Licenses to Cafe Raisa Ltd. Raisa Prokopenko has since submitted an Application for
Consumption and Display (Set Up) Permit. A public hearing is required for the permit because of the
change to the current liquor license.
City Code allows for Consumption and Display (Set Up) Permits to be issued to business establishments
in accordance with the provisions of Minnesota Statutes Section 340A.414 for the consumption or display
of intoxicating liquor or the serving of any liquid for the purpose of mixing with intoxicating liquor. The
permit does not authorize the sale of intoxicating liquor. The City fee for the license is $140.00. The
license will not be effective until approved by the City of Rosemount and final approval is received by the
Department of Public Safety /Alcohol and Gambling Enforcement Division. The State fee for the license
is $250. The license will expire on March 31 each year.
Cafe Raisa will be subject to inspection by the commissioner and the commissioner's representative and by
peace officers, who may enter and inspect during reasonable hours. Intoxicating liquor sold, served or
displayed in violation of law may be seized. Because Cafe Raisa is not a club, customers are not allowed to
keep a personal supply of intoxicating liquors in lockers on the restaurant's premise.
RECOMMENDATION
Upon holding the public hearing, Staff recommends approval of a Motion to Approve the Consumption
and Display Permit for Cafe Raisa Ltd. on the premise located at 15090 Chippendale Avenue.
340A.414, 20 10 Minnesota Statutes
201LO Minnesota Statutes
340A.414 CONSUMPTION AND DISPLAY PERMITS.
Page 1 of 2
Subdivision 1. Permit required. No business establishment or club which does not hold an on-
sale intoxicating liquor license may directly or indirectly allow the consumption and display of
alcoholic beverages or knowingly serve any liquid for the purpose of mixing with intoxicating liquor
without first having obtained a permit from the commissioner. Rental of a public facility does not
make a subdivision or the facility a "business establishment" for the purposes of this chapter.
Subd. 1 a. Additional authorization. A holder of a consumption and display permit under this
section who wishes to allow the consumption and display of intoxicating liquor between the hours of
1:00 a.m. and 2:00 a.m. must obtain authorization to do so from the commissioner. The authorization
may be provided in a document issued to the permit holder by the commissioner, or by a notation on
the permit holder's permit. Authorizations are valid for one year from the date of issuance. The
annual fee for obtaining authorization is $200. The commissioner shall deposit all fees received
under this subdivision in the alcohol enforcement account in the special revenue fund. A person who
holds a consumption and display permit and who also holds a license to sell alcoholic beverages at
on -sale at the same location is not required to obtain an authorization under this subdivision.
Subd. 2. Eligibility for permit. (a) The commissioner may issue a permit under this section
only to:
(1) an applicant who has not, within five years prior to the application, been convicted of a
felony or of violating any provision of this chapter or rule adopted under this chapter;
(2) a restaurant;
(3) a hotel;
(4) an establishment licensed for the sale of 3.2 percent malt liquor;
(5) a resort as defined in section 157.15;
(6) a club as defined in section 340A.101, subdivision 7, or an unincorporated club otherwise
meeting that definition; and
(7) a bed and breakfast facility as defined in section 340A.4011, subdivision 1.
(b) The commissioner may not issue a permit to a club holding an on -sale intoxicating liquor
license.
Subd. 3. Only authorized to permit the consumption and display. A permit issued under this
section authorizes the establishment to permit the consumption and display of intoxicating liquor on
the premises. The permit does not authorize the sale of intoxicating liquor.
Subd. 4. Permit expiration. All permits issued under this section expire on March 31 of each
year.
Subd. 5. Local consent required. A permit issued under this section is not effective until
approved by the governing body of the city or county where the establishment is located.
Subd. 6. Permit fees. The annual fee for issuance of a permit under this section is $250. The
governing body of a city or county where the establishment is located may impose an additional fee
https: / /www.revisor.mn.gov /statutes / ?id= 340A.414 12/2/2010
340A.414, 2010 Minnesota Statutes
of not more than $300.
Page 2 of 2
Subd. 7. Inspection. An establishment holding a permit under this section is open for
inspection by the commissioner and the commissioner's representative and by peace officers, who
may enter and inspect during reasonable hours. Intoxicating liquor sold, served, or displayed in
violation of law may be seized and may be disposed of under section 297G.20.
Subd. 8. Lockers. A club issued a permit under this section may allow members to bring and
keep a personal supply of intoxicating liquor in lockers on the club's premises. All bottles kept on
the premises must have attached to it a label signed by the member. No person under 21 years of age
may keep a supply of intoxicating liquor on club premises.
Subd. 9. One -day city permits. A city may issue a one -day permit for the consumption and
display of intoxicating liquor under this section to a nonprofit organization in conjunction with a
social activity in the city sponsored by the organization. The permit must be approved by the
commissioner and is valid only for the day indicated on the permit. The fee for the permit may not
exceed $25. A city may not issue more than ten permits under this section in any one year.
History: 1985 c 305 art 6 s 14; 1Sp1985 c 16 art 2 s 3 Subd 1; 1987 c 152 art 1 s 1; 1989 c 209
art 1 s 34; 1991 c 249 s 17,18,31; 1995 c 198 s 11; 1995 c 207 art 9 s 60; 1997 c 179 art 2 s 4;
1 Sp2003 c 19 art 2 s 58,79; 2005 c 136 art 8 s 17; 2006 c 210 s 12; 2007 c 13 art 3 s 24; 2009 c 120
s10
https: / /www.revisor.rim.gov /statutes / ?id= 340A.414 12/2/2010