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HomeMy WebLinkAbout9.b. Amendment to City Code 3-1, Liquor RegulationsCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: February 20, 2001 AGENDA ITEM: AMENDMENT TO CITY CODE 3-1,. AGENDA SECTION: LIQUOR REGULATIONS New Business PREPARED BY: Gary D. Kalstabakken, Chief of Police AGENDA NO: ATTACHMENTS: 0 R D I N A N C E APPROVED BY: - Council is asked to consider the attached resolution amending the city ordinance pertaining to liquor regulations. The proposed amendments will address the following if adopted: • Council will be authorized to impose a civil fine of up to $2000, the maximum allowed by Minnesota State Statute, upon a licensee if a violation of the ordinance occurs at the licensed establishment. Currently, the ordinance does not contain a provision to impose a civil fine. • When a liquor license is revoked, the licensee will be required to reapply for a license. • If a Council imposed civil fine is not paid within fifteen days of its imposition; the license of the violator will be suspended until the fine is paid. • Compliance checks will be conducted at licensees. Under -aged persons cooperating in the checks will not be guilty of any violation related to alcohol. • Language is added to clarify the presence of non - employees on licensed premises outside of the time that liquor sales are permitted. All sale of alcohol must end at the times contained in statute, while all alcohol must be consumed and cleared from tables, bars, etc. by thirty minutes after legal sale ends. • Non - employees must be off the premises within thirty minutes of last legal sale unless the business has normal business hours that are not the same as the times of legal sale of alcohol. RECOMMENDED ACTION: First reading of ordinance amendments - for discussion only. Following discussion and any desired changes, it is recommended the amendments be brought for adoption at the next scheduled Council meeting. COUNCIL ACTION: r CITY OF ROSEMOUNT ORDINANCE NO. AN ORDINANCE RELATING TO LIQUOR REGULATIONS; AMENDING ROSEMOUNT CODE 3 -1 THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS: Section 1. City Code 3- 1 -14 -1 is amended to read as follows: The council shall revoke or suspend, for a period not to exceed 60 days, a license granted under the provisions of this chapter or impose a civil fine not to exceed $2000 for each violation on a finding that the licensee has committed a violation of any of the following: A. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the City Council. B. Violation of any special conditions under which the license was granted. C. Violation of any provision of this Chapter. D. Creation of a nuisance on the premises or in the surrounding area. E. Violation of any State or Federal law regulating the sale of intoxicating liquor or controlled substances. In the event of a revocation of a license, the licensee must reapply for a license and meet the requirements for a license under this chapter. In the event that a fine imposed pursuant to this section is not paid within fifteen (15) days of its imposition by the Council, the license shall be suspended until the fine is paid. Section 2. City Code 3 -1 -12 is amended to read as follows: F. Compliance Checks: From time to time, the city shall conduct compliance checks. Such checks may involve, but are not limited to, engaging underage persons to enter the licensed premises to attempt to purchase alcohol products. G. Underage Persons: If underage persons are used for compliance checks they shall not be guilty of unlawful possession of alcohol or any other related violation. Section 3. City Code 3 -1 -8 (F.) is amended to read as follows: F. Non - employees on premises: A liquor licensee shall not allow non - employees on the business premises from thirty (30) minutes after the sale of intoxicating and/or three and two- tenths (3.2) percent malt liquor is prohibited until the sale is again permitted except as hereinafter provided. 1 Liquor licensees may permit non - employees on the premises during normal hours of operation when the sale of intoxicating and three and two - tenths (3.2) percent malt liquor is prohibited, provided, that there be no sale of intoxicating or three and two- tenths (3.2) percent malt liquor during the hours in which the sale of liquor is prohibited and no consumption or display of intoxicating and/or three and two- tenths (3.2) percent malt liquor from thirty (30) minutes after the sale is prohibited. Section 4. ADOPTED this Rosemount. This Ordinance shall be effective following its passage and publication. day of 2001 by the City Council of the City of Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk