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Home My WebLink About4.m. Amendment to City Code - Sale of Liquor by Minors ' CITY OF ROSEMOIINT ` EXECIITIVE SIIMMARY FOR ACTION CITY COUNCIL MEETING DATE: DECEMBER 6, 1994 AGENDA ITEM: AMENDMENT TO CITY CODE - SALE OF AGENDA SECTION: CONSENT LIQUOR BY MINORS , PREPARED BY: SUSAN M. WALSH AGENDA �EM � 'T N� ADMINISTRATIVE ASSISTANT ATTACHMENT3: ORDINANCE, LETTER APPROVED BY: /. At the November 15, 1994 City Council meeting, staff was directed to research the a e restrictions for ersons selling intoxicating liquor and g P 3.2� beer. Attached is a letter from Attorney Charles LeFevere wha advises there are no age restrictions on the sale of 3 .2% beer under state law. City beer licenses are issued to the two Tom Thumb Stores, the two golf courses, Holiday Station Store, Pizza Hut and now Jubilee Foods. Jubilee only employs persons who are at least 16 years old, and i feel this is true with most of these stores. Therefore, I am recommending that the City Council not adopt an ordinance restricting the sale of 3.2� beer by minors. It appears the beer license holders employ persons who are a minimum of 16 years old, and a hardship would be placed on these stores if we limited beer sales by persons 18 years and older. If Council agrees with this recommendation, no action is necessary; the City Code will remain the same. Attorney LeFevere advised in his letter that the section of the City Code relating to employment of minors needs to be changed to 18 years. The City Code on age restrictions must be in accordance with state law. The attached ordinance changes the employment of minors from 19 to 18 years of age. RECOMMENDED ACTION: MOTION TO ADOPT ORDINANCE XVI.29, AN ORDINANCE AMENDING TITLE 3, PERTAINING TO LIQUOR REGULATIONS, EMPLOYMENT OF- MINORS. ACTION TAREN: . ORDINANCE NO. XVIZ9 CITY OF ROSEMOUNT - - DAKOTA COUN'I'Y, MINNESOTA AN ORDINANCE AMENDING TITLE 3, PERTAIlvING TO LIQUOR REGULATIONS, EMPLOYMENT OF MINORS THE CITY COUNCII.. OF THE CITY OF ROSEMOUNT, ORDAINS AS FOLLOWS: Section 1. Title 3, Chapter 1, Section 8.I. of the Rosemount City Code is amended as follows: I. Employment of Minors: No person under ��e�ee�{�} ei htg een �18� years of age shail be employed in any raoms constituting the place in which intoxicating liquors are sold at retail on-sale, except that persons under eiehteen 18� years of ag� may be employed as musicians or to perform the duties of a bus person or dishwashing services in places defined as a restaurant, hotel, motel or other multi-purpose building � � servicing food in which intoxicating liquors are sold at retail on-sale. -- ection 2. This Ordinance is effective the day following the publication. ADOPTED this 6th day of December, 1994. E. B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk � Published this day of December, 1994 in the "Rosemount Town Pages". �I . . . * HOLMES & GRAVEN CSARTERED Attorne�s at Law 470 Pfil�bu�Centar.Mlaae�pallt.Minaaota SS402 RoDEQT A.ALSOP _ (612)337-�i00 RosE�T C.LONG RONALD H.BATTY UURA B.MOLLLT SI'tP�sN J.BUstn. Faeaimile(612)337-9310 BA�BARA L POtTWOOD Jom�r B.Ds�tv J�ss M.sraoi►a►� MAAY G.DOSEINB IAMBS I.TSOMSON.]L S'cEPAI�N.GetEY LA�1tY M:�YLR?�Yt CO�YIIri A.HLIIVE HOxNIE i`WILYIIY3 JAMLS S.HOtl►n�9 �PRITER'S DIRECT DIAI. GA1tY P.WII�I'lJt DAVm J.KTZ'tMLrDY (�12)337A215 DAViD�GtAVEN(1939�1l91) Iomr R L�sor '— WE[.LII�1ci'[oN H.LAw OF COUNSII. RoBeteT C.C�ALSON Ca�s�L.LEFEveas RoseAT 4 QwvmsoN Jom�M.L�Fuvne..tA. T..G7r S�� ROs&�'t J.LII�m�►I.L November 17, 1994" Tom Burt 4�E�='��r�� City of Rosemount 2875 145th Street West ��' � 1 �99� P. O. Box 510 Rosemount, MN 55068-0510 CIl Y ur �,,,,,"�,,,,,,�, RE: Sa1e of Liquor by Minors Dear Tom: At the last city council meeting, the council asked for us to advise them, and licensees in the ciry, what restrictions apply to the age of persons selling intoxicating liquor and 3.2% beer. State law prohibits the sale of into�cating liquor by a person under the age of 18. Minnesota Statutes, § 340A.412, subd. 10. However, there are no age restrictions on the sale of 3.2% beer under state law. : 'Therefore, just as Councilmember Staats suggested, there is a difference between xegulations which apply to 3.2% beer and regulations which apply to intoxicating liquor. The city has the legal authority to prohibit sale of both into�cating liquor and 3.2°k beer by persons under the age of I8. Obviously, this is already covered by state law in the case of intoxicating liquor. However, if the council is concerned about sale of 3.2 beer by minors, it could adopt an ordinance prohibiting such sale. You should also be advised that state law prohibits a city from adopting an ordinance which prohibits 18-, 19-, 20-yeaz olds from working in liquor establishments, including serving of . � liquor. Therefore, I would suggest that the city amend its city code, section 3-1-8 I which » provides that persons under 19 may not be employed where intoxicating liquor is sold. This provision would be lawful if"nineteen (19)" were changed to "eighteen (I8)". CLL19S93 I RS215-1 , � . ' � Tom Burt ', November 17, 1994 ', Page 2 �I Please let me know if you have any further questions. VerY trulY Yours, C� Charles L. LeFevere CLL:ckr '� CLL79593 RS215-1