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HomeMy WebLinkAbout6.f. Ordinance Amendment to City Code 3-1 Liquor Regulations EXECUTIVE SUMMARY City Council Meeting Date: October 5, 2021 AGENDA ITEM: Ordinance Amendment to City Code 3-1: Liquor Regulations AGENDA SECTION: Consent PREPARED BY: Erin Fasbender, City Clerk AGENDA NO. 6.f. ATTACHMENTS: Ordinance Amendment, Minnesota Statute, Resolution Approving Summary Publication of Ordinance and 2021 Schedule of Rates and Fees APPROVED BY: LJM RECOMMENDED ACTION: 1. Motion to Adopt an Ordinance Amending City Code Title 3 Chapter 1 Relating to Liquor Regulations 2. Motion to approve a Resolution Approving Summary Publication of Ordinance 2021-05 Relating to Liquor Regulations 3. Motion to approve a Resolution Amending the 2021 Schedule of Rates and Fees. BACKGROUND In 2005, the City Council approved numerous modifications to the liquor ordinance to reflect a change in policy regarding attraction of new businesses. Prior to that time, there was a limit on the number of on- sale liquor licenses in the City and the default liquor license given to establishments was the Class A liquor license, which did not require meeting a percentage of food revenue versus liquor sales. In other words, the Class A liquor license could be used for businesses which were not considered a restaurant and may only serve liquor. The change was to attract more full-service restaurants and family-type establishments to better address the needs of the community. The ordinance modification also reduced the number of Class A licenses available to two (2), in recognition of the two Class A licensed businesses, Shenanigans and Celts. Based on Council guidance, staff recommends amending the ordinance to remove the provisions of the two categories of on-sale licenses, Class A & B. The consensus has been that there is no longer the need for the two classes that was established in effort to put emphasis on controlling establishments that are bar type establishments versus restaurants. The new ordinance would be a “on-sale intoxicating liquor license” and will follow the Minnesota State Statute requirements. The proposed fee is $3,000 for 2022 for all on- sale intoxicating licenses and re -evaluated for 2023. The current Class A license fee is $4,500, so holders of that license will see a decrease for 2022. The proposed fees are shown in the attached resolution to amend the 2021 Fee Resolution. In addition, our City Attorney found additional updates to be made under Title 3-1-8 and 3-1-10 as the current terminology is outdated or no longer in use due to other state laws. The proposed ordinance modification should not negatively impact the attraction and licensing of future liquor serving establishments, as this modification allows more flexibility for our current and future establishments with the opportunity to have additional on-sale options without fitting into a specific class. 2 The ordinance modification has been reviewed by City Attorney and Community Development staff. RECOMMENDATION Staff recommends approval of the above motions. CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. 2021 - 05 AN ORDINANCE RELATING TO LIQUOR LICENSES; AMENDING TITLE 3, CHAPTER 1 OF THE ROSEMOUNT CITY CODE THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS as follows: Section 1. Title 3, Chapter 1, Section 3-1-2 of the Rosemount City Code is amended by adding the following definition: 3-1-2: DEFINITIONS: RESTAURANT: "Restaurant" is an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating capacity for guests as prescribed by the appropriate license issuing authority. Section 2. Title 3, Chapter 1, Section 3-1-3-1 of the Rosemount City Code is amended as follows: 3-1-3-1: LICENSE TYPES: A. On-Sale Intoxicating Liquor Licenses: On-sale licenses shall be issued only to those establishments allowed under Minnesota statutes, section 340A.404. hotels, restaurants and exclusive liquor stores and shall permit on-sale of liquor or wine. On-sale intoxicating liquor licenses shall be of two (2) classes. 1. Class B licenses may be issued only to the following: a. 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. b. Restaurants operated in conjunction with a bowling center, movie theater, or live theater, where twenty five percent (25%) 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. c. Hotels as defined in Minnesota statutes 340A.101, subdivision 13. 2. Class A licenses may be issued to hotels, restaurants and exclusive liquor stores and are unrestricted as to the percentage of revenues derived from the sale of food and nonalcoholic beverages. Section 3. Title 3, Chapter 1, Section 3-1-3-2 of the Rosemount City Code is amended as follows: 3-1-3-2: APPORTIONMENT OF INTOXICATING LIQUOR LICENSES: A. Class B Intoxicating liquor licenses will be issued within the total liquor license limits established in Minnesota statutes, section 340A.413, as amended. B. One (1) class A intoxicating liquor licenses may be issued within the city of Rosemount. C. There shall be no limit on the number of off-sale intoxicating liquor licenses. Section 4. Title 3, Chapter 1, Section 3-1-8 of the Rosemount City Code is amended by removing subsection 3-1-8 (D) in its entirety and replacing it with the following: D. Nudity On The Premises Of Licensed Establishments Prohibited. 1. The City Council finds that it is in the best interests of the public health, safety, and general welfare of the people of the city that nudity is prohibited as provided in this sub section on the premises of any establishment licensed under this chapter. This is to protect and assist the owners, operators, and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity, and sex. The council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault, and disorderly conduct. The council also finds that the prohibition of nudity on the premises of any establishment licensed under this chapter , reflects the prevailing community standards of the city. 2. It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non- transparent material. It is unlawful for any person to be on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non-transparent material. 3. A violation of this subsection is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or any other license issued under this section or the imposition of a civil penalty under the provisions of section 3-1-15. Section 5. Title 3, Ch apter 1, Section 3-1-9 of the Rosemount City Code is amended by removing subsection K and revising the letters of the subsequent subsections accordingly: 3-1-9: CONDITIONS OF LICENSE: K. Certification: No class B on-sale intoxicating liquor license shall be renewed to a licensee that has failed to submit a statement signed by a certified public accountant attesting that fifty one percent (51%) or more (or 25 percent in the case of restaurants operated in conjunction with bowling centers or movie theaters) of total revenues of the establishment was derived from the sale of food and nonalcoholic beverages during the twelve (12) month period preceding the licensee's application for renewal. The licensee shall provide access to its books and records during business hours on reasonable notice by the chief of police or designee and shall provide such additional information as the chief may require to demonstrate that the information on revenues derived from food and beverage sales is accurate. In the event the chief of police determines that an audit by an outside auditor is appropriate, the expense of such audit shall be paid by the licensee. Failure to comply with limitations on percentage of revenues derived from food and nonalcoholic beverage sales applicable to the relevant class of license is grounds for revocation or for suspension and the imposition of such conditions as are deemed appropriate by the council. Section 6. Title 3, Chapter 1, Section 3-1-10 of the Rosemount City Code is amended as follows: 3-1-10: RESTRICTIONS INVOLVING MINORSUNDERAGE PERSON(S): A. No Sale To Minors Underage Person(s): No licensee, his or her agent or employee shall serve or dispense upon the licensed premises any intoxicating liquor or 3.2 percent malt liquors to a person under the legal drinking age; nor shall such licensee, or his or her agent or employee, permit any such person to be furnished or consume any such liquors on the licensed premises; nor shall such licensee, his or her agent or employee, permit any such person to be delivered any such liquors. B. Delivery To Minors Underage Person(s): No person under the legal drinking age shall receive delivery of intoxicating or 3.2 percent malt liquor. C. Misrepresenting Age: No minor person under the legal drinking age shall misrepresent his or her age for the purpose of obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall he or she enter any premises licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purpose of purchasing or having served or delivered to him or her for consuming any such intoxicating liquor or beer, nor shall any such person purchase, attempt to purchase, consume or have another person purchase for him any intoxicating liquor or 3.2 percent malt liquor. D. Identification Required: Any person shall, upon demand of the licensee, his or her employee or agent, produce and permit to be examined a current driver's license or photo identification issued by the state department of public safety. In the case of a foreign national, a valid passport may be used as an alternative to the foregoing methods of identification. E. 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 alcoholic beverages. Section 7. This Ordinance shall be effective the day following its publication. Adopted by the City Council of the City of Rosemount, Minnesota, the 5th day of October, 2021. ____________________________________ Mayor William Droste ATTEST: _____________________________ Erin Fasbender, City Clerk 340A.404 INTOXICATING LIQUOR; ON-SALE LICENSES.​ Subdivision 1.Cities.(a) A city may issue an on-sale intoxicating liquor license to the following​ establishments located within its jurisdiction:​ (1) hotels;​ (2) restaurants;​ (3) bowling centers;​ (4) clubs or congressionally chartered veterans organizations with the approval of the commissioner,​ provided that the organization has been in existence for at least three years and liquor sales will only be to​ members and bona fide guests, except that a club may permit the general public to participate in a wine​ tasting conducted at the club under section 340A.419;​ (5) sports facilities, restaurants, clubs, or bars located on land owned or leased by the Minnesota Sports​ Facilities Authority;​ (6) sports facilities located on land owned by the Metropolitan Sports Commission; and​ (7) exclusive liquor stores.​ (b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or an on-sale malt​ liquor license to a theater within the city, notwithstanding any law, local ordinance, or charter provision. A​ license issued under this paragraph authorizes sales on all days of the week to persons attending events at​ the theater.​ (c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or an on-sale malt​ liquor license to a convention center within the city, notwithstanding any law, local ordinance, or charter​ provision. A license issued under this paragraph authorizes sales on all days of the week to persons attending​ events at the convention center. This paragraph does not apply to convention centers located in the​ seven-county metropolitan area.​ (d) A city may issue an on-sale wine license and an on-sale malt liquor license to a person who is the​ owner of a summer collegiate league baseball team, or to a person holding a concessions or management​ contract with the owner, for beverage sales at a ballpark or stadium located within the city for the purposes​ of summer collegiate league baseball games and any other events at the ballpark or stadium, notwithstanding​ any law, local ordinance, or charter provision. A license issued under this paragraph authorizes sales on all​ days of the week to persons attending baseball games and any other events at the ballpark or stadium.​ Subd. 1a.Cities; auto racing facilities.A city may issue an on-sale intoxicating liquor license to an​ auto racing facility located in the city. The license may authorize sales both to persons attending any and​ all events at the facility, and sales in a restaurant, bar, or banquet facility located on the premises of the auto​ racing facility. The license authorizes sales on all days of the week. The license may be issued for a space​ that is not compact and contiguous, provided that the licensed premises may include only the space within​ a defined area as described in the application for the license.​ Subd. 2.Special provision; city of Minneapolis.(a) The city of Minneapolis may issue an on-sale​ intoxicating liquor license to the Guthrie Theater, the Cricket Theatre, the Orpheum Theatre, the State​ Theatre, and the Historic Pantages Theatre, notwithstanding the limitations of law, or local ordinance, or​ charter provision relating to zoning or school or church distances. The licenses authorize sales on all days​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 340A.404​MINNESOTA STATUTES 2020​1​ of the week to holders of tickets for performances presented by the theaters and to members of the nonprofit​ corporations holding the licenses and to their guests.​ (b) The city of Minneapolis may issue an intoxicating liquor license to 510 Groveland Associates, a​ Minnesota cooperative, for use by a restaurant on the premises owned by 510 Groveland Associates,​ notwithstanding limitations of law, or local ordinance, or charter provision.​ (c) The city of Minneapolis may issue an on-sale intoxicating liquor license to Zuhrah Shrine Temple​ for use on the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue South in Minneapolis,​ notwithstanding limitations of law, or local ordinances, or charter provision relating to zoning or school or​ church distances.​ (d) The city of Minneapolis may issue an on-sale intoxicating liquor license to the American Association​ of University Women, Minneapolis branch, for use on the premises owned by the American Association of​ University Women, Minneapolis branch, at 2115 Stevens Avenue South in Minneapolis, notwithstanding​ limitations of law, or local ordinances, or charter provisions relating to zoning or school or church distances.​ (e) The city of Minneapolis may issue an on-sale wine license and an on-sale 3.2 percent malt liquor​ license to a restaurant located at 5000 Penn Avenue South, and an on-sale wine license and an on-sale malt​ liquor license to a restaurant located at 1931 Nicollet Avenue South, notwithstanding any law or local​ ordinance or charter provision.​ (f) The city of Minneapolis may issue an on-sale wine license and an on-sale malt liquor license to the​ Brave New Workshop Theatre located at 3001 Hennepin Avenue South, the Theatre de la Jeune Lune, the​ Illusion Theatre located at 528 Hennepin Avenue South, the Hollywood Theatre located at 2815 Johnson​ Street Northeast, the Loring Playhouse located at 1633 Hennepin Avenue South, the Jungle Theater located​ at 2951 Lyndale Avenue South, Brave New Institute located at 2605 Hennepin Avenue South, the Guthrie​ Lab located at 700 North First Street, and the Southern Theatre located at 1420 Washington Avenue South,​ notwithstanding any law or local ordinance or charter provision. The license authorizes sales on all days of​ the week.​ (g) The city of Minneapolis may issue an on-sale intoxicating liquor license to University Gateway​ Corporation, a Minnesota nonprofit corporation, for use by a restaurant or catering operator at the building​ owned and operated by the University Gateway Corporation on the University of Minnesota campus,​ notwithstanding limitations of law, or local ordinance or charter provision. The license authorizes sales on​ all days of the week.​ (h) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Walker Art Center's​ concessionaire or operator, for a restaurant and catering operator on the premises of the Walker Art Center,​ notwithstanding limitations of law, or local ordinance or charter provisions. The license authorizes sales on​ all days of the week.​ (i) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Guthrie Theater's​ concessionaire or operator for a restaurant and catering operator on the premises of the Guthrie Theater,​ notwithstanding limitations of law, local ordinance, or charter provisions. The license authorizes sales on​ all days of the week.​ (j) The city of Minneapolis may issue an on-sale wine license and an on-sale malt liquor license to the​ Minnesota Book and Literary Arts Building, Inc.'s concessionaire or operator for a restaurant and catering​ operator on the premises of the Minnesota Book and Literary Arts Building, Inc. (dba Open Book),​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 2​MINNESOTA STATUTES 2020​340A.404​ notwithstanding limitations of law, or local ordinance or charter provision. The license authorizes sales on​ all days of the week.​ (k) The city of Minneapolis may issue an on-sale intoxicating liquor license to a restaurant located at​ 5411 Penn Avenue South, notwithstanding any law or local ordinance or charter provision.​ (l) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Museum of Russian​ Art's concessionaire or operator for a restaurant and catering operator on the premises of the Museum of​ Russian Art located at 5500 Stevens Avenue South, notwithstanding any law or local ordinance or charter​ provision.​ (m) The city of Minneapolis may issue an on-sale intoxicating liquor license to the American Swedish​ Institute or to its concessionaire or operator for use on the premises owned by the American Swedish Institute​ at 2600 Park Avenue South, notwithstanding limitations of law, or local ordinances, or charter provision​ relating to zoning or school or church distances.​ (n) Notwithstanding any other law, local ordinance, or charter provision, the city of Minneapolis may​ issue one or more on-sale intoxicating liquor licenses to the Minneapolis Society of Fine Arts (dba Minneapolis​ Institute of Arts), or to an entity holding a concessions or catering contract with the Minneapolis Institute​ of Arts for use on the premises of the Minneapolis Institute of Arts. The licenses authorized by this subdivision​ may be issued for space that is not compact and contiguous, provided that all such space is included in the​ description of the licensed premises on the approved license application. The licenses authorize sales on all​ days of the week.​ (o) The city of Minneapolis may issue an on-sale intoxicating liquor license to Norway House or to its​ concessionaire or operator for use on the premises owned by Norway House at 913 East Franklin Avenue,​ notwithstanding limitations of law, or local ordinances, or charter provision relating to zoning or school or​ church distances.​ (p) Notwithstanding any other law, local ordinance, or charter provision, the city of Minneapolis may​ issue one or more on-sale intoxicating liquor licenses to any entity holding a concessions or catering contract​ with the Minneapolis Park and Recreation Board for use on the premises of the Downtown Commons Park,​ the Minneapolis Sculpture Garden, or at Boom Island Park. The licenses authorized by this subdivision may​ be used for space specified within the park property, provided all such space is included in the description​ of the licensed premises on the approved license application. The licenses authorize sales on the dates on​ the approved license application.​ Subd. 2a.City of Minneapolis; arena.(a) Notwithstanding any other law, local ordinance, or charter​ provision, the city of Minneapolis may issue one or more on-sale or combination on-sale and off-sale​ intoxicating liquor licenses to the owner of the sports arena located at 600 First Avenue North in Minneapolis,​ or to an entity holding a concessions contract with the owner for use on the premises of that sports arena.​ (b) The license authorizes sales on all days of the week to holders of tickets for events at the sports arena​ and to the owners of the sports arena and the owners' guests.​ (c) The licensee may not dispense intoxicating liquor to any person attending or participating in an​ amateur athletic event held on the premises unless such dispensing is authorized by the city. The city may​ not authorize the dispensing of intoxicating liquor at any event held under the auspices of the Minnesota​ State High School League.​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 340A.404​MINNESOTA STATUTES 2020​3​ (d) The license authorized by this subdivision may be issued for space that is not compact and contiguous,​ provided that all such space is within the sports arena building and is included in the description of the​ licensed premises on the approved license application.​ (e) Notwithstanding any law or rule to the contrary, a person licensed to make off-sales within the sports​ arena building may deliver alcoholic beverages to rooms and suites within the sports arena building (1)​ between midnight and 8:00 a.m. on Monday through Thursday, and (2) between midnight and 8:00 a.m.​ and between 10:00 p.m. and midnight on Friday through Sunday. No delivery authorized by this paragraph​ may be made to a room or suite within the building at any time when an event utilizing the room or suite is​ in progress.​ (f) The holder of a license issued under this subdivision may dispense intoxicating liquor in miniature​ bottles if the intoxicating liquor is poured from the miniature bottles, mixed into another beverage, and​ dispensed on the premises by employees of the licensee.​ Subd. 2b.Special provision; city of St. Paul.The city of St. Paul may issue an on-sale intoxicating​ liquor license to the Fitzgerald Theatre, the Great American History Theater at 30 East 10th Street, and the​ Brave New Workshop at the Palace Theater at 17 West Seventh Place, notwithstanding the limitations of​ law, or local ordinance, or charter provision relating to zoning or school or church distances. The license​ authorizes sales on all days of the week to holders of tickets for performances presented by the theatre and​ to members of the nonprofit corporation holding the license and to their guests.​ Subd. 3.Notice to commissioner.A city shall within ten days of the issuance of a license under​ subdivision 1 or 5, inform the commissioner of the licensee's name and address and trade name, and the​ effective date and expiration date of the license. The city shall also inform the commissioner of a license​ transfer, cancellation, suspension, or revocation during the license period.​ Subd. 4.Special provisions; sports, conventions, or cultural facilities; community festivals.(a) The​ governing body of a municipality may authorize a holder of a retail on-sale intoxicating liquor license issued​ by the municipality or by an adjacent municipality to dispense intoxicating liquor at any convention, banquet,​ conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility​ owned by the municipality or instrumentality thereof having independent policy-making and appropriating​ authority and located within the municipality. The licensee must be engaged to dispense intoxicating liquor​ at an event held by a person or organization permitted to use the premises, and may dispense intoxicating​ liquor only to persons attending the event. The licensee may not dispense intoxicating liquor to any person​ attending or participating in a youth amateur athletic event, for persons 18 years of age or younger, held on​ the premises.​ (b) The governing body of a municipality may authorize a holder of a retail on-sale intoxicating liquor​ license issued by the municipality to dispense intoxicating liquor off premises at a community festival held​ within the municipality. The authorization shall specify the area in which the intoxicating liquor must be​ dispensed and consumed, and shall not be issued unless the licensee demonstrates that it has liability insurance​ as prescribed by section 340A.409 to cover the event.​ Subd. 4a.Publicly owned recreation; entertainment facilities.(a) Notwithstanding any other law,​ local ordinance, or charter provision, the commissioner may issue on-sale intoxicating liquor licenses:​ (1) to the state agency administratively responsible for, or to an entity holding a concession or facility​ management contract with such agency for beverage sales at, the premises of any Giants Ridge Recreation​ Area building or recreational improvement area owned by the state in the city of Biwabik, St. Louis County;​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 4​MINNESOTA STATUTES 2020​340A.404​ (2) to the state agency administratively responsible for, or to an entity holding a concession or facility​ management contract with such agency for beverage sales at, the premises of any Ironworld Discovery​ Center building or facility owned by the state at Chisholm;​ (3) to the Board of Regents of the University of Minnesota for events at Northrop Auditorium, the​ intercollegiate football stadium, including any games played by the Minnesota Vikings at the stadium, and​ at no more than seven other locations within the boundaries of the University of Minnesota, provided that​ the Board of Regents has approved an application for a license for the specified location and provided that​ a license for an intercollegiate football stadium is void unless it meets the conditions of paragraph (b). It is​ solely within the discretion of the Board of Regents to choose the manner in which to carry out these​ conditions consistent with the requirements of paragraph (b); and​ (4) to the Duluth Entertainment and Convention Center Authority for beverage sales on the premises of​ the Duluth Entertainment and Convention Center Arena during intercollegiate hockey games.​ The commissioner shall charge a fee for licenses issued under this subdivision in an amount comparable​ to the fee for comparable licenses issued in surrounding cities.​ (b) No alcoholic beverage may be sold or served at TCF Bank Stadium unless the Board of Regents​ holds an on-sale intoxicating liquor license for the stadium as provided in paragraph (a), clause (3), that​ provides for the sale of intoxicating liquor at a location in the stadium that is convenient to the general public​ attending an intercollegiate football game at the stadium. On-sale liquor sales to the general public must be​ available at that location through half-time of an intercollegiate football game at TCF Bank Stadium, and​ sales at the stadium must comply with section 340A.909.​ Subd. 5.Wine licenses.(a) A municipality may issue an on-sale wine license with the approval of the​ commissioner to a restaurant having facilities for seating at least 25 guests at one time. A wine license​ permits the sale of wine of up to 24 percent alcohol by volume for consumption. A wine license authorizes​ the sale of wine on all days of the week unless the issuing authority restricts the license's authorization to​ the sale of wine on all days except Sundays.​ (b) The governing body of a municipality may by ordinance authorize a holder of an on-sale wine license​ issued pursuant to paragraph (a) who is also licensed to sell 3.2 percent malt liquors at on-sale pursuant to​ section 340A.411, to sell intoxicating malt liquors at on-sale without an additional license.​ (c) A municipality may issue an on-sale wine license with the approval of the commissioner to a licensed​ bed and breakfast facility. A license under this paragraph authorizes a bed and breakfast facility to furnish​ wine only to registered guests of the facility and, if the facility contains a licensed commercial kitchen, also​ to guests attending private events at the facility.​ (d) The State Agricultural Society may issue an on-sale wine license to the holder of a state fair concession​ contract pursuant to section 37.21, subdivision 2.​ Subd. 5a.MS 2012 [Renumbered 340A.4175]​ Subd. 6.Counties.(a) A county board may issue an annual on-sale intoxicating liquor license within​ the area of the county that is unorganized or unincorporated to a bowling center, restaurant, club, or hotel​ with the approval of the commissioner.​ (b) A county board may also with the approval of the commissioner issue up to ten seasonal on-sale​ licenses to restaurants and clubs for the sale of intoxicating liquor within the area of the county that is​ unorganized or unincorporated. Notwithstanding section 340A.412, subdivision 8, a seasonal license is valid​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 340A.404​MINNESOTA STATUTES 2020​5​ for a period specified by the board, not to exceed nine months. Not more than one license may be issued for​ any one premises during any consecutive 12-month period.​ Subd. 6a.[Repealed, 1991 c 249 s 33]​ Subd. 7.Airports commission.On-sale licenses may be issued by the Metropolitan Airports Commission​ for the sale of intoxicating liquor in major airports owned by the Metropolitan Airports Commission and​ used as terminals for regularly scheduled air passenger service. Notwithstanding any other law, the license​ authorized by this subdivision may be issued for space that is not compact and contiguous.​ Subd. 8.Lake Superior, St. Croix River, and Mississippi River tour boats.(a) The commissioner​ may issue an on-sale intoxicating liquor license to a person regularly engaged, on an annual or seasonal​ basis, in the business of offering tours by boat on Lake Superior and adjacent bays, the St. Croix River, and​ the Mississippi River. The license shall authorize the sale of intoxicating liquor between May 1 and November​ 1 for consumption on the boat while underway or attached to a dock or other mooring. No license may be​ issued unless each boat used in the tour business regularly sells meals in the place where intoxicating liquor​ is sold.​ (b) All sales of intoxicating liquor made on a boat while it is attached to a dock or other mooring are​ subject to any restrictions on the sale of liquor prescribed by the governing body of the city where the boat​ is attached, or of a county when it is attached outside a city. A governing body may prohibit liquor sales​ within its jurisdiction but may not require an additional license, or require a fee or occupation tax, for the​ sales.​ Subd. 9.Military bases and installations.The commissioner may issue an on-sale license for the sale​ of intoxicating liquor within the boundaries of a military base or installation under the jurisdiction of the​ adjutant general with the approval of the adjutant general. No municipal or county license is required for​ the sale of intoxicating liquor under this subdivision.​ Subd. 10.Temporary on-sale licenses.(a) The governing body of a municipality may issue to (1) a​ club or charitable, religious, or other nonprofit organization in existence for at least three years, (2) a political​ committee registered under section 10A.14, or (3) a state university, a temporary license for the on-sale of​ intoxicating liquor in connection with a social event within the municipality sponsored by the licensee. The​ license may authorize the on-sale of intoxicating liquor for not more than four consecutive days, and may​ authorize on-sales on premises other than premises the licensee owns or permanently occupies. The license​ may provide that the licensee may contract for intoxicating liquor catering services with the holder of a​ full-year on-sale intoxicating liquor license issued by any municipality. The licenses are subject to the terms,​ including a license fee, imposed by the issuing municipality. Licenses issued under this subdivision are​ subject to all laws and ordinances governing the sale of intoxicating liquor except sections 340A.409 and​ 340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not​ applicable. Licenses under this subdivision are not valid unless first approved by the commissioner of public​ safety.​ (b) A county under this section may issue a temporary license only to a premises located in the​ unincorporated or unorganized territory of the county.​ (c) The governing body of a municipality may issue to a brewer who manufactures fewer than 3,500​ barrels of malt liquor in a year or a microdistillery a temporary license for the on-sale of intoxicating liquor​ in connection with a social event within the municipality sponsored by the brewer or microdistillery. The​ terms and conditions specified for temporary licenses under paragraph (a) shall apply to a license issued​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 6​MINNESOTA STATUTES 2020​340A.404​ under this paragraph, except that the requirements of section 340A.409, subdivisions 1 to 3a, shall apply to​ the license.​ Subd. 10a.Temporary on-sale licenses; farm winery.The governing body of a municipality may issue​ to a farm winery licensed under section 340A.315 a temporary license for the on-sale at a county fair located​ within the municipality of intoxicating liquor produced by the farm winery. The licenses are subject to the​ terms, including a license fee, imposed by the issuing municipality and all laws and ordinances governing​ the sale of intoxicating liquor not inconsistent with this section. Licenses under this subdivision are not valid​ unless first approved by the commissioner of public safety.​ Subd. 11.Removal of wine from restaurant.A restaurant licensed to sell intoxicating liquor or wine​ at on-sale under this section may permit a person purchasing a full bottle of wine in conjunction with the​ purchase of a meal to remove the bottle on leaving the licensed premises provided that the bottle has been​ opened and the contents partially consumed. A removal of a bottle under the conditions described in this​ subdivision is not an off-sale of intoxicating liquor and may be permitted without additional license.​ Subd. 12.Caterer's permit.The commissioner may issue a caterer's permit to a restaurant that holds​ an on-sale intoxicating liquor license issued by any municipality. The holder of a caterer's permit may sell​ intoxicating liquor as an incidental part of a food service that serves prepared meals at a place other than​ the premises for which the holder's on-sale intoxicating liquor license is issued.​ (a) A caterer's permit is auxiliary to the primary on-sale license held by the licensee.​ (b) The restrictions and regulations which apply to the sale of intoxicating liquor on the licensed premises​ also apply to the sale under the authority of a caterer's permit, and any act that is prohibited on the licensed​ premises is also prohibited when the licensee is operating other than on the licensed premises under a caterer's​ permit.​ (c) Any act, which if done on the licensed premises would be grounds for cancellation or suspension of​ the on-sale licensee, is grounds for cancellation of both the on-sale license and the caterer's permit if done​ when the permittee is operating away from the licensed premises under the authority of the caterer's permit.​ (d) The permittee shall notify prior to any catered event:​ (1) the police chief of the city where the event will take place, if the event will take place within the​ corporate limits of a city; or​ (2) the county sheriff of the county where the event will take place, if the event will be outside the​ corporate limits of any city.​ (e) If the primary license ceases to be valid for any reason, the caterer's permit ceases to be valid.​ (f) Permits issued under this subdivision are subject to all laws and ordinances governing the sale of​ intoxicating liquor except those laws and ordinances which by their nature are not applicable.​ (g) The annual state fee for a caterer's permit is $300.​ Subd. 13.Holders of multiple on-sale licenses; uniform licensing periods.Notwithstanding any local​ ordinance or other law, a local government unit may adjust the licensing period for any holder of multiple​ on-sale alcoholic beverage licenses in the state, upon request of the licensee. The local government unit may​ charge a fee for an adjustment of the licensing period.​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 340A.404​MINNESOTA STATUTES 2020​7​ Subd. 14.Private college.Notwithstanding any other law, local ordinance, or charter provision, the​ governing body of a municipality may issue an on-sale intoxicating liquor license to a private, nonprofit​ college located within the municipality, or to any entity holding a caterer's permit and a contract with the​ private, nonprofit college for catering on the premises of the private, nonprofit college, or for any portion​ of the premises as described in the approved license application. The license authorized by this subdivision​ may be issued for space that is not compact and contiguous, provided that all such space is included in the​ description of the licensed premises on the approved license application. The license authorizes sales on all​ days of the week to persons attending events at the private, nonprofit college. All other provisions of this​ chapter not inconsistent with this section apply to the license authorized under this section.​ History: 1985 c 201 s 3; 1985 c 305 art 6 s 4; 1Sp1985 c 16 art 2 s 3 subd 1; 1Sp1986 c 3 art 1 s 37;​ 1987 c 5 s 1,2; 1987 c 27 s 1; 1987 c 29 s 1; 1987 c 152 art 1 s 1; 1987 c 310 s 8; 1987 c 328 s 2; 1989 c​ 40 s 1; 1990 c 554 s 7-10; 1991 c 249 s 4-7,31; 1992 c 486 s 7; 1994 c 611 s 16,17; 1995 c 42 s 1; 1995 c​ 198 s 8,9; 1996 c 418 s 5,6; 1997 c 129 art 1 s 3,4; 1998 c 364 s 3,4; 1999 c 202 s 1-4; 2000 c 440 s 3;​ 2001 c 193 s 1,2; 2003 c 126 s 6,7; 2005 c 24 s 1; 2005 c 25 s 3; 2005 c 131 s 3; 2005 c 136 art 8 s 15;​ 2006 c 210 s 8,9; 2006 c 247 s 14; 2007 c 89 s 5; 2009 c 95 art 2 s 37; 2009 c 120 s 6-8; 2010 c 255 s 2,3;​ 2010 c 384 s 95; 2011 c 16 s 1; 2011 c 55 s 7-11; 2012 c 235 s 3,4,11,12; 2012 c 299 art 1 s 7; 2014 c 240​ s 15,16,26; 2014 c 312 art 6 s 7; 2014 c 313 s 2; 2015 c 9 art 2 s 4,5; 2020 c 103 s 1,2​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 8​MINNESOTA STATUTES 2020​340A.404​ COUNTY OF DAKOTA STATE OF MINNESOTA RESOLUTION NO. 2021 - 82 RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 2021 - 05 WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, Minnesota Statutes §412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount that the following summary is hereby approved for official publication in lieu of the entire ordinance: SUMMARY PUBLICATION ORDINANCE NO. 2021 - 05 AN ORDINANCE REGULATING AMENDING CITY CODE 3-1 LIQUOR REGULATIONS On October 5, 2021, the Rosemount City Council adopted an ordinance designated as Ordinance No. 2021 – 05, the title of which is stated above. The purpose of the ordinance is to update Title 3, Chapter 1 of the Rosemount City Code entitled “Liquor Regulations”. The ordinance applies to the sale and consumption of liquor, types and quantities of liquor licenses available, licensing of liquor, processes for license applications, investigations and public hearings, persons eligible and ineligible for a license, conditions of licenses, restrictions involving underage, administrative penalties for violation of this chapter, liability insurance, serving liquor in public places and outdoor patios, and revocation or suspension of licenses. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling 651-322-2003. /s/ Erin Fasbender, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Rosemount, Minnesota this 5th day of October, 2021. William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2021 - XX A RESOLUTION AMENDING THE 2021 SCHEDULE OF RATES AND FEES WHEREAS, the City Council has reviewed the 2021 Schedule of Fees and Rates and recognizes the need to amend certain rates and fees for 2021; and WHEREAS, the City Council has found the need to amend the Fees for Liquor Licenses and Investigations. THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, that it adopts the following fees: [Underlined material is new. Stricken material is deleted.] ADOPTED this 5th day of October, 2021 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk $3,000.00 $4,500.00 On-Sale Intoxicating (Jan 1-Dec 31) Class A (Jan 1-Dec 31) Class B (Jan 1-Dec 31) $3,000.00 Liquor Licenses: