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Home My WebLink About7.b. Amendment to City Code 3-1, Liquor Regulations1 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: March 20, 2001 AGENDA ITEM: AMENDMENT TO CITY CODE 3 -1, AGENDA SECTION: LIQUOR REGULATIONS Old Business PREPARED BY: Gary D. Kalstabakken, Chief of Police AGENDA NO lot ATTACHMENTS: Ordinance and Resolution APPROVED BY: :Z;W� Amendments to City Code 3 - 1, Liquor Regulations are being proposed in order to make the language within the City Code consistent with Minnesota State Statutes pertaining to liquor licensing. The first reading of these amendments occurred at the City Council Meeting on February 20, 2001. Changes have been made based on the discussion at the first reading. Section 4 amending Class B license language has been added to clarify that only the sale of food and nonalcoholic beverages that occur during the hours when the sale of alcoholic beverages is permitted may be used to attain the required minimum of 51% of total revenue. If these amendments are adopted, a resolution to remove Alcohol Compliance Check Failure from the Schedule of Rates and Fees should also be passed. The civil fine limit will be included in the ordinance; therefore, it is redundant to also include a fine amount in the fee schedule. RECOMMENDED ACTION: Motion to approve an ordinance amending Rosemount Code 3 -1, liquor regulations and to adopt a resolution removing Alcohol Compliance Check Failure from the City's Schedule of Rates and Fees. COUNCIL ACTION: 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 suspend a license for a period not to exceed 60 days, revoke a license, impose a civil fine not to exceed $2000 or impose any combination of these sanctions 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. 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. 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. City Code 3- 1 -2B(1) is amended to read as follows: Class B licenses may be issued only to hotels and restaurants where fifty- one percent (51 %) or more of total revenues are derived from the sale of food and nonalcoholic beverages for consumption on the premises during hours when the sale of alcoholic beverages is allowed. In the case of Class B licenses issued to restaurants operated in conjunction with a bowling center, twenty -five percent (25 %) or more of total revenues must be derived from the sale of food and nonalcoholic beverages for consumption on the premises. "Total revenues" is defined as all revenues from the sale of food, alcoholic beverages, and nonalcoholic beverages for consumption on the premises during the hours when the sale of alcoholic beverages is allowed. Section 5. This Ordinance shall be effective following its passage and publication. ADOPTED this day of 2001 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001 -- A RESOLUTION REMOVING ALCOHOL COMPLIANCE CHECK FAILURE FROM THE SCHEDULE OF RATES AND FEES. WHEREAS, the City Council of the City of Rosemount licenses liquor establishments that operate within the city, and WHEREAS, Code 3 -1 contains the sanctions that may be imposed upon licensees for violations of the liquor regulations, and WHEREAS, civil fine limits are included in both Code 3 -1 and Minnesota State Statute 340A, therefore BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota remove the fee for Alcohol Compliance Check Failure from the City's Schedule of Rates and Fees. ADOPTED this 20`" day of March 2001, by the City Council of the City of Rosemount. ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Voted against:_ Member absent: Cathy Busho, Mayor Seconded by: