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HomeMy WebLinkAbout2006-04 08-24 APSTATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 24 day of August 2006, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2006; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefgh ij kl mnopg rstuvwxyz BY: Subscribed and sworn to or affirmed before me on this 24 day of August 2006. Notary ublic MARY ANN CARLSON NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 1 -31-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space 111 (2) Maximum rate allowed by law (3) Rate actually charged newspapers AFFIDAVIT OF PUBLICATION 2.85 per line 6.20 per line 1.30 per line In the Community, With the Community, For the Community LEGAL NOTICES City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of September 2006 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 11 of the Brooklyn Center Code of Or- dinances Relating to the Regulation of Liquor. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please con- tact the City Clerk at 763 -569 -3300 to make arrange- ments. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES RE- LATING TO THE REGULATION OF LIQUOR THE CITY COUNCIL OF THE CITY OF BROOKLYN CEN- TER DOES ORDAIN AS FOLLOWS: Section 1. Sections 11 -101 through 11 -718 of the City Ordinances of the City of Brooklyn Center are here- by repealed. Section 2. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new sections to read: LIQUOR Section 11 -101. ADOPTION OF STATE LAW BY REF- ERENCE. The provisions of Minnesota Statutes. Chapter 340A. as it may be amended from time to time. with refer- ence to the definition of terms. conditions of ooeration re- strictions on consumotion. provisions relating to sales, hours of sale. and all other matters pertaining to the retail sale. distribution. and consumotion of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this Chapter as if set out in full. It is the intention of the City Council that II future amendments to Minnesota Statutes. Chapter 340A. are hereby adopted by reference or referenced as if they had been in existence at 1 Section 11 -102. CITY MAY BE MORE RESTRICTIVE THAN STATE LAW. The City Council is authorized by the provisions of Minnesota Statutes. Section 340A.509. as it may be amended from time to time. to impose. and has im- posed in this Chaoter. additional restrictions on the sale and possession of alcoholic beverages within its limits beyond Mi n :so may be amended from time to time Section 11 -103. DEFINITIONS. In addition to the def- initions contained in Minnesota Statutes. Section 340A.101 as it may be amended from time to time. the following terms are defined for purposes of this Chapter: 1, Hotel as used in this Chapter. means and includes any establishment having a resident proprietor or manager where in consideration of payment therefor. food and r e t r n t hic maintains for the use of its guests not less than 100 guest rooms with bedding and other usual suitable and rni hi 1 i •r. vide at the main entrance with a suitable lobby desk and of- fice for the registration of its guests on the ground floor which employs an adeauate staff to provide suitable and usual service. and which maintains under the same management and control as the rest of the establish- ment and has. as an integral part thereof. a dining room with appropriate facilities for seating not less than 100 guests at one time. where the general public are. in con- n ntt v h •I ta- bles. In the case of an on -sale Class E license. the Hotel shall have a dining room with appropriate facilities for seating not less than 30 guests at one time where guests are provided with food and beverages. 2, Liquor, as used in this Chapter. without modification by the words "intoxicating" or "3.2 percent malt" includes both intoxicating liquor and 3.2 percent malt liauor, 3, i 1' 1 r h. II e•n 1• L 4► 1 ••II 1 r -u l 1= 1 I: in. .rtes in ing as shown on the plan submitted to the City Man- ager's designee with the original license. Outside areas such as patios or narking lots. shall not be in- cluded in the definition of "Premises" unless specifical- ly listed on the license or special permission is obtained jn writing from the City for a limited period of time under certain conditions, 4. Restaurant. as used in this Chapter. means an eating facility. other than a Hotel. under the control of a single proprietor or manager. where meals are regularly pre- pared on the Premises. where full waitress/waiter table service is wadded. where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location It shall have a license from the State as required by Min- nesota Statutes Section 157.16. as it may be amend- ed from time to time. and shall meet the defini ion of ei- ther a "small establishment" "medium establishment" or "large establishment" as defined in M nnesota Statutes. Section 157.16. Subdivision. 3(d). as it may be amended from time to time. An establishment that serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heat- ed and served shall not be considered to be a "Restau- rant" for purposes of this Chapter unless it meets the 1 •1 -1 11 1 ment' or "large establishment." Section 11 -104. MUNICIPAL LIQUOR STORE Subdivision 1. Municipal Liauor Store. A municipal liquor store that was previously established is hereby con- tinued to be operated with n the ci y for the off -sale of intox- icating liauor Except as provided in Section 11 -107 (11), no intoxicating liauor shall be sold or caused to be sold at off -sale within the city by any person or entity other than that at the municipal liauor store. Subdivision 2. Location. The municipal liauor store sh. .e cated h ita. o .I. e i th- ci Council determines. However. no Premises upon which tax -s a e 1'1 1 :r ta I h is County. or State are due. delinquent. or unpaid shall be leasltilermituiciRaMile2 ,store purposes. Subdivision 3. Fund Created. A municipal liquor store fund is hereby created into which all revenues received from the operation of the municipal liquor store shall be paid and from which all operating expenses shall be paid. provided that the initial costs of rent. fixtures. and stock may be paid for out of the general fund of the City. but such amounts shall be reimbursed to the said general fund out of the first 11.1'= .111. 1 I: 11. 1• _I- not needed for carrying on the business. Any surplus ac- cumulating in the municipal liquor store fund may be trans- ferred to the City's general fund by resolution of the City Council and m be expended for any City purpose Subdivision 4. Hours of Operation. The hours of oper- ation and days of sale shall be those set by Minnesota Statutes. Section 340A.504. as It may be amended from time to time Section 11 -105. CONSUMPTION IN PI).BLIC PLACES. No person shall consume Liquor in a public park; 1.1 1 -.I public place other than on the Premises of an establishment licensed under this Chapter: or where the consumption and display of Uauor is permitted by State Statute Section 11 -106 LICENSE REQUIRED. No person or entity. except wholesalers or manufacturers to the extent au- thorized by State Statute and the municipal liquor stores shall directly or indirectly. on any pretense or by any device, sell. barter. keen for sale. charge for possession or other- wise dispose of Liquor as part of a commercial transaction without first having received a license to do so as provided in this Ch. oter. Section 11 -107. TYPES OF LIQUOR LICENSES AND PERMITS. The following are the ypes of Liauor licenses n i i b h- i 1' -I- m ursu Chapter: 1., On -Sale 3.2 Percent Malt Liauor License, which shall permit the consumption of 3.2 percent malt liauor on the li .n Pre l is s onl This Ice only to a Restaurant. club. bowling center, or Hotel w e •re. :r :..n. -j it I •not the Premises or to the City of Brooklyn Center for City facilities and events. 2, Off -Sale 3.2 Percent Malt Liquor License. which shalt =r it the sale of 3.2 percent malt liauor in its original package for consumption off the licensed Premises QJ a, Temporary On -Sale 3.2 Percent Malt Liauor License w i h .n1 t. 1 h rit 1 gious. or nonprofit organization. Temporary On -Sale 3.2 Percent Malt Liquor Licenses shall be subject to any special terms and conditions the City Council may pre- scribe 4 On -Sale Intoxicating Liauor License. A Restaurant must have a dining room that is open to the general pub- lic. with a total minimum floor area of 1.800 sauare feet and seat not less than 150 guests at one time in order to obtain an On -Sale Intoxicating Liauor License. The •II•wi :r h- I. •n- al- Into in. i•- Licenses that mav be issued by the City: a. On -Sale Class A Intoxicating Liauor License. A r nt h. •1i plicable revenue derived from the serving of food for consumption on the Premises is eligible for a Class A license b. On -Sale Class B Intoxicating Liquor License. A Hotel or Restaurant that has 50% to 79% of its ap- plicable revenue derived from the serving of food for consumption on the Premises is eliaible for a Class B license, On -Sale Class C Intoxicating Liquor License. A Hotel or Restaurant that has 40% to 49% of its ap- plicable revenue derived from the serving of food for consumotion on the Premises and derives a con 1 re f .t r .th-r than Liquor or food is eligible for a Class C license. d. On -Sale Class D Intoxicating Liquor License A Hotel or Restaurant that is a new Liquor license aR. plicant that has not established a ratio between food e •1 of r •l i- i li i t f r 1 -1- I 1 1 0 1• Class D License. Twelve months of documentation of food and Liauor sales shall be presented by the licensee to the City Manager's designee on or be- fore the date of license renewal in order to deter- mine the appropriate license class for the following year. If such documentation is not available. the Class D license shall be extended for no more than •1 ..•it'• .I i I. B license will be assigned by the City based on the sta•lished ratio be we-n fo.. .n. Li. or ,I e. On -Sale Class E Intoxicating Liauor License. This license is available only to Hotels that serve food and Liauor in a dining room that is open to the gen- eral public that has a total minimum floor area of 1.200 square feet and seating for 100 people: and that is conducted in such a manner that a significant part of the revenue for a license year is the sale of food for consumption on the Premises. Applicants for Class E licenses must submit with their applica- tions menus of food and nonalcoholic beverages that will be served with the Liquor dispensed. The City Council shall determine whether such food and beverages are adequate to orotect the public inter- ests. Changes in menu may not he made without the odor approval of the City Manager's designee Liauor may be dispensed for no more than two hours a d.y and shall not be dispensed before 4 p.m. or after 8 o.m. The licensee shall not reauire the payment of consideration for Liq or other than that which is paid -s its regular charges for rooms The area designated as the dining room shall be •.r- ta•fr•m• I4 •1,u••. •f the Hotel by physical barriers to control ingress and earess and to ensure security and compliance with the provisions of this Chapter. Class E licensees may serve Liauor on Sunday subiect to the provi- sions of this Chapter without having to obtain a sep- arate Sunday On -Sale Intoxicating Liquor License. t, S a la F In o icatin• Li. •r ic•n Thi license is available only to the Earle Brown Heritage www.mnSun.com Thursday, Aug. 24, 2006 Brooklyn Center Brooklyn Park Sun Post 33A Center. This license allows the sale and dispens- i g of Liauor at the convention center and bed and breakfast facilities located at the Earle Brown Her- itage Center. This license applies to the sale and cispeasing of Liauor to patrons attending. events at the Earle Brown Heritage Center. This license shall Dot be valid for amateur athletic events held at the Earle Brown Heritage Center, g, Special Provision: Special Event Permit. The hold- er of an On -Sale Intoxicating Liquor License may be granted a Special Event Permit by either the City Council or by the City Manager's designee for a temporary expansion of the licensed Premises for wedding receptions. parties. promotional activities, or other special events. A Special Event Permit may be issued by the City only for specified areas of the same lot. piece or parcel of land on which the Premises Iles. or a contiguous lot. piece or parcet of land. Aoolication shall be made to the City Man ager's designee on a form provided by the City and all Information reouested by the City Manager's de- signee shall be submitted therewith, A Special Event Permit may be granted for a peri- od of no more than 10 d -ys. and permits may not be granted for a total of more than 40 days in any one license year. In acting on an application. con- sideration shall be given by the City to such factors as noise. nature of entertainment to be provided, potential difficulties with law enforcement or securi- ty. proximity of residential or other sensitive land uses. effect on parkins or other zoning or land use controls. and the nature of the event proposed. The Special Event Permit may specify conditions with which the licensee must comply. and the sale of Liquor pursuant to the permit shall be deemed a consent and eareement to the imposition of such conditions. Violations of any such conditions or any other provisions of law are grounds for suspension or revocation of the Special Event Permit and of the licensee's Liquor license. 5, Sunday On -Sale Intoxicating Liquor License. This li- cense may be issued only to an establishment that holds an On -Sale Intoxicating Liquor License and that serves Liquor only in conjunction with the service of food. 6, Temporary On -Sale Intoxicating Liauor License. This li- cense may be issued only noon receiving the aporoval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious or other nonprofit organization that has exist- le 1 :1 iz- the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days. and the City shall issue no more than twelve days' worth of m.orar li -ns-s -n e •r. niz• i•n •r or one location within a 12 -month period. The temporary t 1 be consumed_on Premises other than Premises the li- censee owns or permanently occupies. The temporary license may provide that the licensee ma •1 f.r intoxicating liauor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality, 7. On -Sale Club Liquor License. This license may be is- sued only with the approval of the Commissioner of Public Safety. This license mav be issued only to clubs that have been in existence for at least three years and that shall sell Liauor onv to members and bona fide guests. On -Sale Wine License. This license m.y be issued only with the approval of the Commissioner of Public Safety. This license may be issued only to a Restaurant that has a dining area that is open to the general public and has seating for not less than 75 guests at one time. The .us'r- u st of i t manner that a sianificant part of the revenue for a li- cense year is the sale of food. Only the sale of wine not exceeding 14 percent alcohol by volume for consum•- bon on the licensed Premises in conjunction with the sale of food shall be permitted. g, Optional 2 A.M. Closing Special Liauor License. This li- cense may be issued only to an establishment that holds an on -sale Liquor license and has obtained an op- tional 2 A.M. Closing Permit from the Commissioner of Public Safety. 10_, Consumption and Display Permit. This permit may be issued to an applicant for an establishment that com- plies w'th the reauirements of Minnesota Statutes. Sec- tion 340A.414. and has obtained a permit from the Comm ssioner of Public Safety, 11 Brewer an &Brew Pub Off -Sale License. This license may be issued only with the approval of the Commis- sioner of Public Safety for sale of 64 -ounce containers of malt liquor produced and packaged on the licensed Premises in accordance with the requirements of Min ne Statutes. Section 340A.301. Subdivision 7(b) Section 11 -108. NUMBER OF LICENSES THAT MAY BE ISSUED. The number of On -Sale Intoxicating Liauor Li- censes issued by the City shall be limited to 18. The license for the Earle Brown Heritage Center shall not be included in this limit. The number of On -Sale Wine Licenses shall be unlimited, Section 11 -109. TERM AND EXPIRATION OF LI- CENSES AND PERMITS. Each Liauor license shall be is- sued for a maximum period of one year. All licenses. except temporary licenses. shall expire on December 31 of each year. Temporary licenses and permits are only valid for the dates. times. and locations specifically stated on the license or permit. Consumotion and Display Permits issued by the Commissioner of Public Safety. and the accompanying City consent to the permit. shall expire on March 31 of each year. Section 11 -110. LICENSE AND PERMIT FEES: PRO RATA. Subdivision 1. License Fees. The fees for all Liauor li- censes and permits shall be set by City Council resolution. Subdivision 2. Investigation Fee. A non refundable in- vestigation fee set by City Council resolution must be paid by the applicant in full before an application for a new license is accented, excluding temporary Liauor licenses, The li- n 1. 1 1• ur cense fee and investigation fee shall be paid with cash or certified or cashier's check. At any time that an additional investigation is required because of license renewal. a change in the ownership or control of the licensee. or be- cause of an enlargement. alteration or extension of Premis- es previously licensed the licensee shall oay an additional investigation fee set by City Council resolution Subdivision 3. Renewal License Fees. Renewal li- cense applications shall be filed by November 1 of the pre- ceding license year. and renewal fees shall be paid In full at the time of application for renewal. If. in the judgment of the City Council. good and sufficient reason Is shown by the ap- plicant for failure to file for a renewal within the time provid- ed. the City Council may. if the other provisions of this Chap- ter are complied with. grant the application. A late renewal charge set by City Council resolution shall be applied to re- newal license apolications that area submitted after No- vember 1 All license and investigation fees shall be paid into the aeneral fund of the City. Subdivision 4. Pro Rata Fees. The fee for all Uauor li- censes. except temporary Liauor licenses. that are granted after the commencement of the license year shall be pro- rated for the remainder of the year. In computing such pre rata license fee the fee shall be prorated on a monthly basis for an On -Sale or Off-Sale 3.2 Percent Malt Liauor License and prorated on a daily basis for an On -Sale Intoxicating Liquor License. When the Liquor license is for a property on which the building is not ready for occupancy. the com- mencement date for computation of the license fee for the initial license period shall be the date on which a certificate of occupancy is issued, Subdivision 5. Refund of License Fees. Temporary Liquor license fees are non refundable. No Dart of the fee paid for any other type Liquor license issued under this Chapter shall be refunded by the City except in the follow- ing instances upon application to the City Council within 30 days from the happening of the event, The City C ouncil may. in its judgment, refund a pro rata portion of the fee for the unexpired period of the license. computed on a month- ly basis. when operation of the licensed business ceases not less than one month before expiration of the license be- cause of; destruction or damage of the licensed Premises by fire or other peril 4, the licensee's illness c, the licensee's death: or d. a change in the City's ordinances making it unlawful for the licensed business to continue. Section 11 -111 APPLICATIONS FIR LICENSE Subdivision 1 Requirements for Liauor Licenses Ex- cludes Temporary On -Sale. Every aoo ication for a Liquor license shall be made on a form suopl ed .y the City and shall be filed with the City Manager's designee. No person shall make a false statement in an application. In addition to the information that may be required by the Commis- sioner of Public Safety. the application shall contain the fol- lowing information: a, Whether the applicant is a natural person. corporation partnership. or other form of entity* b Type of Liquor license that the applicant seeks p. A personal information form. as provided by the City, filled out by the sole owner: each partner: each man- ager. proprietor. or other person with management re- soonsibilities for the Premises: each person who, singly or together with the oerson's spouse. or a parent broth- er. sister. or child of either of them. own or control an in- terest in said corporation or association in excess of five percent (5%): and. if a club. each officer. each member of the executive committee. and each member of the board of directors containing the following information on each individual: Full legal name. place and date of birth. and street residence address of the individual 2, Whether the individual has ever used or been known by a name other than such legal name and, if so. what was such name. or names. and informa- tion concerning dates and places where used 3 Whether the individual is married or single If the individual is married. he or she must provide the legal name. place and date of birth. and street res- idence address of his or her current spouse; 4 Whether the individual and his or her current Amuse are registered voters and. if so. the city and state in which each of them is registered; Street addresses at which the individual and his or her current spouse have lived during the orecedinq ten years; Type. name. and location of every business or oc- cupation that the individual and his or her current spouse have been engaged in during the orecedinq ten years' 7 Names and addresses of the individual's and his or her current spouse's employers and business part- ners. if any. for the preceding ten years; 8 Whether the individual or his or her current spouse, or a oarent. brother. sister. or child of either of them, has ever been convicted of any felony. gross mis- demeanor. misdemeanor. or petty misdemeanor, other than a traffic offense. If so. the individual shall furnish information as to the date. place. and type of offense Whether the individual or his or her current spouse, or a parent. brother. sister. or child of either of them has ever been engaged as an employee or in the operation of a saloon Hotel. Restaurant cafe. tav- ern. bar. or other business of a similar nature. If so the individual shall furnish information as to the date. place. and length of time of the employment or operation; 14, Whether the individual has ever been in military ser- vice. If so, the individual shall. upon reauest by the City. exhibit all discharges: L1 The name. address. and business address of each person who is engaged in Minnesota in the busi- ness of selling. manufacturing. or distributing intox- icating liauor and who is nearer of kin to the indi- vidual or his or her current spouse than second cousin. whether of the whole or half blood. comput- ed by the rules of civil law. or who is a brother -in- Legal Notices continued on next page 34A Brooklyn Center Brooklyn Park Sun -Post Thursday, Aug. 24, 2006 www.mnSun.com LEGAL NOTICES law o r sister -in -law of the individual or his or her cur rent spouse; 12. The amount of the investment that the individual has in the business. building. Premises fixtures, furniture, stock in trade, et cetera. and proof of the source of such money: and ia, The names. residences. and business addresses of three persons who are residents of the State of Min- nesota who are of good moral character and not re- lated to the individual or financially interested in the Premises or business, who may be referred to with respect to the individual's character. L A legal description of the property to be licensed to- gether with a site plan of the property showing dimen- sions and location of buildings; e If a permit from the federal government is reauired by the laws of the United States, indicate whether or not such permit has been issued. and if so reauired in what name it was issued and the nature of the permit; f The names and addresses of all persons. other than the applicant who have any financial interest in the busi- ness. buildings, Premises. fixtures. furniture. stock in trade. if applicable: the nature of such interest. amount thereof. and terms for payment or other reimbursement. This shall include, but not be limited to, any lessees. lessors. mortgagees. mortgagors. lenders. lien holders, trustees trustors. and Persons who have cosigned notes or otherwise loaned. pledged. or extended secu- rity for any indebtedness of the applicant. but shall not include persons owning or controlling less than five per- cent (5 interest in the business if a corporation; L. at- eta t. h -h =r or not all re sonal property taxes for the Premises to be licensed that are due and payable have been paid and if not paid. the years and amounts which are unpaid: and Jy Such other information as the City Manager's designee shall require. Subdivision 2 On -Sale Club Liquor License. In addi- tion to the requirements listed in Subdivision 1 the applica- tion for an On -Sale Club Liquor License shall contain the fol- lowing information: a. The name of the club; L The date that the club was first incorporated. The ap- plicant shall provide copies of the club's articles of in- corporation bylaws, and the names and street ad- dresses of all officers. members of the executive com- mittee. managers. and board of directors: c. A sworn statement that the club has been in existence for more than three years. The statement shall be made by a person who has personal knowledge of the facts stated therein. In the event that no .erson can make such a statement. satisfactory documentary Proof may be submitted in support of such facts; L A statement of the number of club members that is cer- tified by the club treasurer: and e. If a passcard. password. passkey. or other indicia of Membership is a condition of entrance to the club. the applicant shall provide the City Manager's designee with such indicia of membership to be used only for the purposes set forth in this Chapter. Subdivision 3. On -Sale Intoxicating Liauor and On -Sale Wine Licenses. In addition to the requirements listed in Subdivision 1. the application shall contain the following in- formation: a, The name of the business if it is to be conducted under a designation. name. or style other than the full individ- ual name of the applicant: in such case a coot' of the certification as required by Minnesota Statutes. Chap- ter 333. certified by the Clerk of District Court. shall be attached to the application; D. If the applicant is a partnership. the managing Partner and all other partners shall be named. The interest of each partner in the business shall be disclosed, A copy of the partnership agreement shall be submitted with the application and if the partnership is reauired to file a certificate as to a trade name under the provisions of Minnesota Statutes, Chapter 333. a copy of such cer- tificate certified by the Clerk of District Court shall be at- tached to the application; L If the applicant is a corporation or other organization, the name. and if incorporated. the state of incorpora- tion' copies of the certificate of incorporation. articles of incorporation or association agreement, and bylaws: if a foreign corporation. a certificate of authority as de- scribed in Minnesota Statutes. Chapter 303. and a list of all officers or directors of said corporation or organi- zatjo d, A floor plan of the dining room. or dining rooms. that will be open to the public. The floor plan shall show all room dimensions and shall indicate the number of persons in- tended to be served in each of the rooms: and e If the application is for Premises that is planned, under construction, or undergoing substantial alteration. the application shall be accompanied by a set of preliminary plans showing the design of the proposed Premises to be licensed Subdivision 4. Temporary On -Sale Intoxicating Liauor License. Every application for a Temporary On -Sale Intox- icating Liquor License shall be in the form prescribed by the Commissioner of Public Safety, The form shall be verified and filed with the City Manager's designee. Subdivision 5. Temporary On -Sale 3.2 Percent Malt Liquor License. Every application for a Temporary On -Sale 3.2 Percent Malt Liauor License shall be made on a form supplied by the City Every application shall state the name of the organization: name. address. and telephone number of the applicant; date. time. and location of event: and other information as the City Council may require from time to tim Rln person shall make a false statement in an appli- cation. Applications must be filed with the City Manager's designee a minimum of thirty calendar days in advance of the proposed event. Subdivision 6 Consumption and Display Permit and One -Dav Temporary Consumption and Display Permit. Every application for a Consumption and Display Permit or a One -Day Temporary Consumotion and Display Permit shall be made in the form prescribed by the Commissioner of Public Safety. The form shall be verifie. and filed with the City Manager's designee. Section 11 -112. EXECUTION OF APPLICATION. If the application is by a natural person. it shall be signed and sworn to by such person* if by a corporation. by an officer thereof; if by a partnership. by one of the partners. howev- er. the application. license and bond Apr insurance Dolicy) shall be made and issued in the name of all .ar n- if b an unincorporated association or other type of organization by the manager or managing officer thereof. Section 11 -113. TRANSFER OF LIQUOR LICENSE. No transfer of Liquor license shall be permitted from place to Place or person to person without complying with the re- quirements of an original application except where a new application is filed as a result of incorporation by an existing licensee and the ownership control and interest in the li- cense are unchanged Section 11 -114. INVESTIGATION OF APPLICATIONS. All applications for a Liauor license, excluding temporary Liquor licenses, shall be referred by the City Manager's de- en =e ch .t er .:.artme t r- i an S s m n c for ve .n investigation of the facts set forth in the application. The City Manager's designee is empowered to conduct back around and financial investigations to verify the information in the application including but not limited to. ordering a computerized criminal history inquiry obtained through the Criminal Justice Information System and /or a driver's li- cense history inquiry as recorded bythe State Department of Public Safety on the applicant. The City Manager's de- signee shall cause to be made such investigation of the in- t. .tion r:. ed i ti C rter as h.11 and shall make a written recommendation and report to the City Council, The City Council may authorize such addi- tional investigation as it shall deem necessary. Section 11 -115. APPROVAL OF LICENSES AND PER MITS BY CITY COUNCIL. All Liauor licenses and Permits set forth in this Chapter shall be subject to review an. ap- proval by the City Council Section 11 -116. PERSONS INELIGIBLE FOR LIQUOR LICENSE. In addition to the requirements contained in Min- nesota Statutes, Section 340A.402, as it may be amended from time to time. no license shall be granted to or held by any of the following persons (which shall also include the characteristics of any owners, officers. managers. employ- ees or others who require investigation under this Chapter): 1. Who is not the proprietor of the establishment for which the license is issued' 2. Who is not a citizen of the United States or a resident alien or upon whom it is impractical to conduct a back around and financial investigation due to the unavail- ability of information' 3. Who is or during the period of the Liquor license be- comes the holder of a federal retail liouor dealer's spp, cial tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him or her a local license to sell intoxicating liquor at such place' 4. Who. if a corporation, does not have a manager who is eligible pursuant to the provisions of this Chapter; 5. Who is the spouse of a person ineligible for a license pursuant to the Provisions of this Chapter or who, in the d. nt .f t e i o ncil is not the I in i terest or beneficial owner of the business operated. or to be operated. under the license: and 6. An on -sale Liquor license will not be renewed if. in the case of an individual, the licensee is not a resident of the Twin Cities Metropolitan Area at the time of the date for renewal; if. in the case of a partnership. the manag- ing partner is not a resident of the Twin Cities Metro- politan Area at the time of the date for renewal; or in the case of a corporation if the manager is not a resident of the Twin Cities Metropolitan Area at the time of the date for renewal. The "TWIN CITIES METROPOLITAN AREA" is defined as being comprised of the counties of Anoka. Carver Dakota Hennepin Ramsey. Scott. and Washington. Section 11 -117. PLACES INELIGIBLE FOR LIQUOR LICENSE. Subdivision 1. No Liauor license shall be granted for sale on any Premises if the licensee has been convicted of any willful violation of this Chapter or of Minnesota Statutes, Chapter 340A. or if any license hereunder has been revoked for cause until one year has elapsed after such conviction or revocation Subdivision 2. No on -sale Liauor license shall be grant- ed for a bona fide club that has not been in ooeration and eligible to receive a license for at least six months immedi- ately Preceding the application for a license. Subdivision 3. No Liauor license shall be granted. or re- newed for operation on: 1) any Premises, on which any taxes. assessments. or other financial claims of the City, County, or State are due, delinquent or unpaid: or 21 any Premises that is part of a larger taxparcel on which ad val- orem real estate taxes or assessments collected with such taxes are due. delinquent, or unpaid. In the event an action has been commenced Pursuant to the provisions of Min- nesota Statutes. Chapter 278 auestioning the amount or validity of taxes the City Council may, on_apolication by the li v= stri t om.li n wit his .r. 1.1 ever: no waiver shall be granted by the City Council for taxes. or any portion thereof. that remain unpaid for a peri- od exceeding one year after becoming due. Subdivision 4. No Liauor license shall be granted for a Premises owned by a person to whom a Liquor license may not be granted under this Chapter. except for Premises owned by a minor. nonresident alien. or a person who has been convicted of a crime other than a violation of Min- nesota Statutes. Chapter 340A. Subdivision 5. No Liauor license shall be granted for a Premises that has a common entrance or exit between any two establishments except that a Public concourse or pub- lic lobby shall not be construed as a common entrance or exit. Subdivision 6. No Liauor license shall be granted if the Premises is located within 300 feet of. or within the same building. or on the same legally subdivided lot. piece. or par- cel of land as any of the following uses: a school, day care center, church. hospital. halfway house. currency exchange operation. theater. residence Pawnshop. secondhand goods dealer. tattoo establishment, body piercing estab- lishment massage parlor. sauna. or another on -sale Liquor establishment. Section 11 -118. CONDITIONS OF LIQUOR LICENSE. Every Liquor license shall be granted subiect to the follow- ing conditions and any other applicable ordinance of the City or State law: j_ The Liquor license shall be posted in a conspicuous place in the licensed establishment at all times; 2. Any police officer, building inspector. or any employee so designated by the City Manager. shall have the un- ualified right to enter, inspect. and search the licensed Premises during business hours without a warrant "Business hours" shall be deemed any time when li- censee or employees are present on the Premises. Re- fusal to permit such an inspection is a violation of this Chapter and grounds for revocation of the license; 3. Every licensee shall be responsible for the conduct of the place of business and the conditions of sobriety and order in the place of business and on the Premises. The act of any employee on the licensed Premises is deemed the act of the licensee as well. and the licensee shall be liable to all penalties provided by this Chapter arid State law equally with the employee; 4> No on -sale Liquor establishment shall sell intoxicating liquor off -sale' 5 No Liquor license shall be effective beyond the Premis- es named in the license for which it was granted; 3 No on -sale Liquor establishment shall display Liauor to the public during hours when the sale is prohibited; L Continuing compliance with the financial responsibility requirements of State law and of this Chapter; The business records of the licensee. including federal and State tax returns. shall be available for inspection by the City Manager. or other duly authorized repre- sentative of the City at all reasonable times. Business records for accounting functions reauired to demon- strate compliance with the provisions of this Chapter shall be prepared in accordance with standard ac- counting practices as determined by the City Manager's designee' and 9,. Any changes in the corporation. entity or club's officers, directors. partners. corporate charter. articles of incor- poration, bylaws. or Partnership agreement shall be submitted to the City Manager's designee within 30 days after such changes are made. In the case of a cor- poration. the licensee shall immediately notify the City Manager's designee when a person not listed in the li- cense application acquires an interest that. together with that of the person's spouse. parent. brother. sister or child. exceeds five percent (5%). and shall give all in- formation about said person as is reauired of a person pursuant to the provisions of this Chapter. Section 11 -119. HOURS OF OPERATION. Subdivision 1. Hours of Operation. The hours of oper- ation and days of sale shall be those set by Minnesota Statutes. Section 340A.504. as it may be amended from time to time. Subdivision 2. 2 A.M. Closing Special Liquor License. No Liauor licensee may sell on -sale Liquor or consume or display Liquor on the licensed Premises between the hours of 1 a.m. and 2 a.m. *Jnless the licensee has obtained an optional 2 A.M. Liquor Permit from the Commissioner of Public Safety and has been issued the 2 A.M. Closing Spe- cial Liquor License by the City. Section 11 -120. RESTRICTIONS ON PURCHASE AND CONSUMPTION. In every prosecution for a violation of the provisions of Minnesota Statutes. Section 340A.503, relating to the sale or furnishing of intoxicating liquor to per- sons under the age of 21 years. and in every proceeding be- fore the City Council with respect thereto. the fact that the person involved has obtained and presented to the licensee, his or her employee or agent, a verified identification from which it appears that said person was 21 years of age and was regularly issued such identification card, shall be prima facie evidence that the licensee. his or her agent or em- ployee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation. if one has occurred. was not willful or intentional. Section 11 -121. LIABILITY INSURANCE AND PROOF OF FINANCIAL RESPONSIBILITY, Subdivision 1 Insurance Required. All applicants for any Liauor license or a Consumption and Display Permit must, as a condition to the issuance of the license or per- mit. provide Proof of Liauor liability insurance to the City Manager's designee, which shall be subject to the approval of the City Council. The issuer or surety on any liability in- surance policy or bond shall be licensed to do business in the State of Minnesota. and all documents shall be ap- proved as to content. form. and execution by the City Attor- ney. The licensee and the City shall be named as joint in- sureds on the liability insurance policy. The policy shall be effective for the entire license year. Subdivision 2. Proof of Financial Responsibility. All ap- plicants for any Liquor license or a Consumption and Dis- play Permit. must. as a condition to the issuance of the li- cense or permit demonstrate proof of financial responsibil- ity. Proof of financial responsibility may be provided by sup- ying to the City Manager's designee any of the following information: a. An insurance certificate stating that there is in effect for the license or permit period an annual aggregate insur- ance policy of not less than $300.000 per policy year for the Premises for dram shop insurance: or 5 A bond of a surety company with minimum coverage as provided in clause (a): or c. A certificate from the Commissioner of Finance that states that the licensee or permittee has deposited with the Commissioner of Finance $300.000 in cash or se- curities that may legally be purchased by savings banks or for trust funds having a market value of $300 000. Subdivision 3. Any liability insurance required by this Section must provide that it may not be canceled for anv cause by either the insured or the insurer unless the can- celing party has first given ten days' notice in writing to the c_ity of the intent to cancel the policy. Subdivision 4. Temporary On -Sale Liauor License holders are subiect to the provisions of Subdivisions 1 In the Community, With the Community, For the Community through 3 of this Section with the exception that the mini- mum dram shop insurance policy limit shall be no less than $500.000 for events held on City -owned property, such as ap rks• Section 11 -122, CITY COUNCIL DISCRETION TO GRANT OR DENY A LICENSE OR PERMIT. The City Council in its discretion may either grant or deny the appli- cation for any license or permit or for the renewal of and cense. No applicant has a right to a license or permit under this Chapter. Each license or permit shall be issued to the applicant only and shall not be transferable to another hold- er. Each license or permit shall be issued only for the Premises described in the application. If an applicant for a Special Event Permit has to postpone the event because of weather. the City Manager's designee has the authority to change the effective dates of the permit, as long as the total amount of hours approved by the City Council does not change. Licensed Premises that are granted both On -Sale Wine and On -Sale 3.2 Percent Malt Liquor Licenses by the City Council are authorized to sell beer with an alcohol con- tent in excess of 3.2 Percent. Section 11 -123. GAMBLING REGULATIONS. Subdivision 1. Lawful Gambling Permitted. No gam- bling or any gambling device shall be permitted on any li- censed Premises with the exception of lawful gambling on a licensed on -sale Liquor Premises by licensed charitable nonprofit organizations that have been in existence in Brooklyn Center for at least three years. Subdivision 2. Lease Agreement Terms. The charita- ble organization's use of the licensed on -sale Liquor Premises shall be by means of a written lease agreement between the Liquor licensee and the charitable organiza- tion. The lease shall be for a term of at least one year; a copy of which shall be filed with the City Manager's de- signee, and an additional copy must be kept on the Premis- es and available for public ipspection upon reauest. The lease shall contain the following terms: a. The amount of rent charged may not exceed the amount authorized by law; L Rental payments shall not be based on a Percentage of profits from gambling; e The charitable organization shall not reimburse the Liauor licensee for any Liauor license fees or other gam- bling related expenses incurred by the Liauor licensee. The only compensation that the Liquor licensee may db- tain from the charitable organization is the rent fixed in the lease agreement; d Lawful gambling shall not be conducted by employees of the Liquor licensee or at the bar serv'ce area: and e The lease shall contain a provision perm'tting the Liquor licensee to terminate the lease if the charitable organi- zation is found guilty of any violation o State or local gambling statutes. ordinances. rules, or regulations. Subdivision 3. Limit on Organizations. Only one char- itable organization shall be permitted to conduct lawful gam- bling on the licensed on -sale Liquor Premises. Subdivision 4. Minimum Hours. The Liquor licensee must commit to a minimum of twenty-five (25) hours of law- ful .amblin. on the licensed Premises for the charitable or- ganization per week. Subdivision 5. Responsibility for Violations. The Liquor licensee shall be responsible for the charitable organiza- tion's conduct of lawful gambling. The City Council may order that the lawful gambling cease on the licensed Premises for a Period up to sixty (60) days or disallow law- ful gambling alt.gether on the licensed Premises for any vi- olation of State or local gambling laws or regulations that occur on the Premises by anyone including the Liauor li- censee or the charitable organization. Any violation of this Section may also be considered by the City Council as grounds for suspension or revocation of the Liauor license. Section 11 -124. PROHIBITED ACTIVITIES. Subdivision 1. Prohibition. It is unlawful for any li- censee. permittee. owner. or manager of anv establishment licensed under this Chapter to cause. commit. permit, or allow in the licensed Premises any of the prohibited activi- ties listed in this Section or any similar activities or to sell Liquor in any Premises from which any such prohibited ac- tivities may be viewed or heard. Subdivision 2. Prohibited Activities. Prohibited activities re- ferred to in Subdivision 1 of this Section include the follow in a Nudity. sadomasochistic abuse or sexual conduct as those terms are defined in Section 19 -1700 of this Code. either actual or simulated; 5 Mud wrestling. wet T -shirt contests. lingerie shows or displays, or strip -tease dancing; and e The display of any of the foregoing by any means in- cluding. but not limited to. books. printed material, mag- azines. movies. pictures. videos. plays. exhibitions, recordings. closed circuit television. productions. or any other device or contrivance in any way that is capable of being used or adapted to arouse interest, or to affect the human senses. whether through the medium of reading. observation. sound or any other means. Subdivision 3. Penalty. Violation of this Section is grounds for revocation of any Liauor license or permit is- sued under this Chapter Section 11 -125. REVOCATION AND SUSPENSION. The City Council may suspend or revoke any Liauor license or permit and may impose a civil penalty not to exceed $2.000 Pursuant to Minnesota Statutes. 340A.415. for the violation of any provision or condition of this Chapter or of ay State law or rule or federal law regulating the sale of Liauor. The City Council shall revoke a Liauor license for any willful violation that, under the laws of the State. is grounds for mandatory revocation. including the licensee's failure to maintain the insurance required by Section 11 -121 of this Chapter in full force and effect. Revocation or suspension of a Liquor license or permit by the City Council shall be Preceded by written notice to the licensee and a Public hearing. The notice shall give at least 10 days' notice of the time and place of the hearing Legal Notices continued on next page In the Community, With the Community, For the Corn LEGAL NOTICES and shall state the nature of the charges against the li- censee. The notice may be served upon the licensee or oer- mittee personally or by leaving the same at the licensed Premises with the person in charge thereof. No s spension after public hearing shall exceed 60 d -ys. Section 11 -126 PENALTIES Any person violating any provisions of this Chapter or Minnesota Statutes. Chapter 340A. as it may be amended from time to time. or any rules •r• t s h•• -r 3-OA shall be guilty of a misdeme- nor. and upon conviction there- of. shall be punished by a fine of not more than one thou- sand dollars ($1.000) and imprisonment for not more than 90 days. or both. together with the cost of prosecution. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2006. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (SNikeeat indicates matter to be deleted, underline indi- cates new matter.) (Aug. 24, 2006)p1 /1st Read Chap 11 Liq Ord