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
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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),
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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.
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(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;
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(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
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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
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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.404MINNESOTA STATUTES 20207
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
8MINNESOTA STATUTES 2020340A.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: