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HomeMy WebLinkAbout1983 10-17 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CFNTER OCTOBER 17, 1983 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. * 6. Approval of Minutes — September 26, 1983 * 7. " Final Plat - Sander Erickson Addition (Subdivision of a residential lot along the 5400 block of Bryant Avenue North) Planning Commission Application No. 83032. * 8. Appointment of Standby Election Judge for November 8, 1983 Municipal Election 9. Resolutions: �Z �AIJ611 11-1 a. Accepting Bids and Awarding Contracts for Solar Demonstration Project G The Solar Demonstration Project is part of the City's Community Development Block Grant Program. *b. Granting Final Approval of Tax Exempt Revenue Bonds for Brookwood (/ Residences The City Council has previously granted preliminary approval to the issuance of the tax exempt bonds for the project. * c Declaring October 30 through November 4, 1983 as Chemical People Week / —The Governor has declared this week as Chemical People Week in Minnesota. The declaration is part of a state —wide effort to educate citizens and create community task forces to deal with the problem of drug use among Minnesota youth. 10. Ordinances: a. An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor -The ordinance is offered for a first reading this evening. This ordinance comprehends several amendments to the City's liquor ordinance including the creation of additional classifications of liquor licenses. b. An Ordinance Amending Chapter 23 of the City Ordinances Regarding Liquor License Fees —This ordinance amendment changes the liquor license fee schedule as stipulated in the Ordinance Amending Chapter 11 of the City Ordinances. The ordinance is offered for a first reading. *11. Licenses 12. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 26, 1983 CITY HALL CALL TO ORDER The YrooklyR City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL or Deea Nyquist, Councilmembers Gene Ihotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning &. Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer James Grube, Police Chief James Lindsay, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION Me invocation was offered by Pastor Bailey of Brooklyn United Methodist Church. OPEN FORUM 97o Nyquist noted the Council had received an in-house request to use the Open Forum session this evening from Administrative Assistant Tom Bublitz. Administrative Assistant Bublitz addressed the Council and stated that he was speaking as acting president of the Earle Brown Farm Estates Townhouse Association. He explained that at a recent meeting of the Association's general membership the sidewalk easement through the town house development was discussed. He noted that a number of persons at the Association meeting raised objections to the sidewalk location. Administrative Assistant Bublitz noted that he had discussed possible alternate locations through the development with the Director of Public Works. He then requested the Council to refer the item to the Earle Brown Farm Estates Townhouse Association Board of Directors in order that they respond to some of the objections raised by the membership. He added that he hoped that by referring the issue to the board a solution could be achieved which would be both acceptable to the City and the town house residents. The Director of Public Works stated that there would be no problem in delaying the construction of the sidewalk by one week, and proceeded to review the proposed alternative location for the sidewalk. He added that the change in location would probably require some adjustment in the contract price, and added that there would be no additional cost for a change in the location. He also noted that if an alternative was selected an easement must be granted to the City by the Townhouse Association by next Monday. Councilmember Theis noted that when the townhouse project was originally proposed, the concerns of the neighborhood to the north and west were for access for the neighborhood to Freeway Boulevard and Shingle Creek Parkway, and -a concern that this access be situated in such a way that it would not be placed in a straight line coming into Thurber Road. He added that another consideration was access to the bus for one individual living on 67th. He added that the access for this individual would 9 -26 -83 -1- be approximately the same for either of the locations proposed for the sidewalk. He commented that if the Townhouse Association can agree on an alternate he would not think it would be a problem for the neighborhood. Mayor Nyquist recognized Mrs Zayra who stated that she was a homeowner in the Earle Brown Farm Estates Townhouse Development. Mrs. Zayra stated that she was concerned that the sidewalk location may be changed, and noted that she counted on the location of the,sidewalk when buying her unit. She added that she had just moved into the development and was concerned that her interests were not represented at the general membership meeting of the Townhouse Association. Mayor Nyquist recognized Mrs. Florence Johnson, 5731 Fremont Avenue North, who stated that she was speaking on behalf of the senior chorus and expressed a belief that the chorus is good public relations for the City, and requested that the Council give serious thought to funding the senior chorus in the 1984 budget. PRESENT OF CIVIL DEFENSE DIRECTOR OF THE YEAR AWARD TO POLICE CHIEF JAMES ZMAY May o - r — Nyquist recognized F�r. Robert R Rygg, Washington County Civil Defense Director, and immediate past president of the Minnesota Association of Civil Defense Directors. Mr. Rygg stated that Chief Lindsay was elected as the outstanding Civil. Defense Director of the year in the metropolitan region by the Minnesota Association of Civil Defense Directors. He added that Chief Lindsay has don an ' e outstanding ,gib as the City's Civil Defense Director. The City Manager introduced Mr. Max Seeker, the Emergency Preparedness Director for Hennepin County, and Corky Segal, amember of the Emergency Preparedness Department of Hennepin County. Mr. Seeker stated that Chief Lindsay is typical of the type of Civil Defense Director in Hennepin County and that it was a distinct honor to be part of this evening's presentation.` He noted that the high standards set by Chief Lindsay and other Civil Defense Directors in Hennepin County were a tribute to the quality of Emergency Preparedness in Hennepin County. CONSENT AGENDA Mayor yqu R nquired if any Council members requested any items removed from the Consent Agenda. Councilmember Lhotka requested that item 9a be removed from the Consent Agenda. P ERFORMANCE BOND RELEASE There was a motion byCouncilmember Scott and seconded by Counciimember Hawes to reduce the performance guarantee for the Enninga residence, 5435 Emerson Avenue North, from $3,000 to a $1,000 cash escrow. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes,' and Theis. Voting against: none. The motion passed unanimously. APPOIN OF ELECTION JUDGES FOR NOVEMBER 8, 1983 14UNICIPAL ELECTION There was a motion by ouncilmember cS o and oecon -e by ouncilm�r Hawes to approve the appointment of election judges for the November 8, 1983 municipal election as per the list of judges submitted by the City Clerk. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ' RESOLUTIONS =TM - 'PTO. 83 --140 9 -26 -83 -2- Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE, OF MS. KAPJ]N,DUENOW The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and ,adopted RESOLUTION NO. 83-141 elm er Celia cofi the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF REVEREND ROBERT CILKE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote bing taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich. Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES eT�i re was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list; of licenses: CIGARETTE LICENSE Budgetel Motel 6415 James Circle M & S Drug Emporium Brookdale Square Sinclair Marketing 6601 Iyndale Ave. COMMERCIAL KENNEL LICENSE B rookdale PAC-enter Brookdale Ctr Northbrook Animal, Hospital 413 66th Ave. N. Snyder Brothers Brookdale Ctr. GASOLINE SERVICE STATION LICENSE ina�clair Mar eting 6601 Iyndale Ave. ITINERANT FOOD ESTABLISHMENT LICENSE le rownn .9 5900 Humboldt Ave. N. MECHANICAL SYSTEM'S LICENSE Carlson Re rlgera ion 133 West Island Ave. Environ -Con, Inc. Box 1351 Ed Lacy, Inc. 2124 West Broadway Rassett Mechanical Contractors 1322 Rice Street NONPER ISHABLE VENDING MACHINE LICENSE o�ola Bottling 1189 Eagan Ind. Rd. Country Store 5425 Xerxes Ave. N. Sinclair Marketing 6601 Iyndale Ave. N. 9 -26 -83 -3- RENTAL DWELLING LICENSE ni ial: LuAnn'Falenczykowski 6000 Abbott Ave. N. C.C. Hogen 5030 Brooklyn Blvd. Curtis & Audrey Cady 6915 Brooklyn Blvd. Richard Olson 5818 Humboldt Ave. N. Len Riley 6812 Perry Ave N. Stanley J. Gibson 4734 Twin Lake Ave. Joseph Veidel 7104 Unity Ave. N. Ron VanKempen 3213 67th Ave. N. Renewal: Laura & Jeff Hanson 6933 Brooklyn Blvd. Charles &Linda Saba tk 6 �,Yn 06 Brook Dr. e Paul 4 47 Dorfman 5 24 5, 2 Drew Ave N Gene M. Proctor 6006 Ewing Ave. N. Helen Ebhardt 5637, 39 Girard Ave. N. Michael L. Goodwin 5006 Howe Lane Harold & Sharon Schindele 5407 James Ave. N. P. Zawislak & B. Maloney 5543 Judy Lane Dennis & Eileen Brite 7201 Morgan Ave. N. Timothy &'Nancy Phillips 6113 Quail Ave. N. Lewis & Vivian Hedlund 531 20 Russell Ave. N. Raymond & Arlene Breffle 5324, 28 Russell Ave. N. Robert Nechal 5332, 36 Russell Ave. N. Fred & Judie Swenson 5340, 44 Russell Ave. N. Gregory & Reinette Raeker 5400, 02 Russell Ave. N. Henry Ulhorn 5207 F. Twin Lk. Blvd. Jack & Mary Jane Herrlin 4803 Wingard Place Thomas & Bill Howe 3135 49th Ave. N. Michael & Cecelia Cullen: 806 53rd Ave. N. Donald By-ram 3724 58th Ave. N. Gary W. Anderson 5413 70th Circle SPECIAL FOOD HANDLING LICENSE drug Mir 5r Brookdale Square Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.` Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES SEPTRIBER 12, 1983 There re was a mo ion y Go Heil mber —. o—tka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of September 12, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Scott abstained from the vote as she was not present at the September 12, 1983 meeting. RESOLUTIONS (CON T INUED ) The City Manager in ro used a Resolution Adopting the Hennepin Urban County Housing Rehabilitation Grant Program Guidelines. Councilmember Lhotka explained that he requested this item removed from the Consent Agenda because he believed that any type of amendment to 'a program such as this should not be on the Consent Agenda.; I I 9 -26 -83 -4® RESOLU NO. 83 -142 e�i mber Gene Lhot� introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE HEMPIN URBAN COUNTY HOUSING REHABILITATION GRANT PROGRAM GUIDELINES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof : Dean Nyquist, Gene- Ihotka, Celia Scott, Bill Hawes, and Rich 'Theis;; and the following voted .against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced the Resolution Accepting Bid and Approving Agreement with Motorola for the Maintenance of the City's Radio Communication System. The City Manager noted that the low bidder does not have the same capability to maintain the system as does Motorola, particularly with regard to the necessary equipment and training to maintain the system. Councilmember Lhotka inquired as to what the maintenance contract includes. The City Manager replied that the contract would include maintenance on all radios in the City system. Councilmember Lhotka then inquired as to the cost of the contract in past years. Administrative Assistant Hoffman stated- that the cost was approximately $350 per month, excluding the radios from Hennepin County. Mayor Nyquist inquired whether the City has had any experience with the low bidder in the past . The City Manager explained that the low bidder worked on the City's old equipment but that the company does not have the test equipment or training to service the new system. Administrative Assistant Hoffman added that Air Comm had noted in their bid that they would purchase the needed testing equipment but that the cost of the equipment exceeds the cost of the contract. Additionally, he painted out that the training package which Air Comm said they would ;purchase is not available currently. The City Manager stated that he reviewed the bids with Mr. Ward Montgomery and that his concern was with the training aspect. He added that Mr. Montgomery was concerned that a reliable person be available to work on the system, if it goes Councilmember Lhotka stated he was concerned that the bid of Motorola, in the amount of $1,090.50 per month is not totally explained to the extent that it can be determined whether it is an economical bid for the City. The City Manager stated that what the City now pays is time and materials, and that the staff is convinced that the bid of Motorola is the most economical way to go. He added that he could break down the bid costs further for a better explanation. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table consideration of the resolution until the October 3, 1983 City Council meeting to allow the staff time to clarify the various components of the bid.. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS FLANN ITS COMMISSION A NO. 83048 SUBMITTED BY ROSE LILIMTOL FOR A SPECIAL U SE P ERMIT TO CONDUCT A DOG GROOMING H OME iT ArfON IN THE BA UIENT 5P THE RESIDENCE AT 5218 PAUL DRIVE- Mie recfor o=anning & Inspection presented and reviewed for Council members 9- 26 -83' -5 pages one through two of the September 15, 1983 Planning Commission meeting minutes, and also -the Planning Commission information sheet prepared for Application No. 83048. He then reviewed the hours proposed for the home occupation and noted that it will be conducted on an appointment basis with no overnight boarding of animals. * - '' He noted that the Planning Commission held a public hearing on the application, and that the applicant was the only person to speak at the public hearing. He added that the Planning Commission recommended approval of the application, subject to six conditions which he reviewed for Councilmembers. The Planning Director stated that the notices of this evening's hearing on the application had been sent and the applicant 'was present.* Mayor D?yquist opened the meeting for the purpose of a public hearing on Planning' Commission Application No. 83048, and inquired if there was anyone present who wished to speak at the public hearing. The Mayor recognized Pr. Lillestol who inquired what type of fire extinguisher was required for the home occupation. The Director of Planning replied that the City's building official will be available to describe the exact type.of extinguisher. No one else appeared to speak at the public hearing and Mayor Nyqust entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Scott to close the public hearing on Application No. 83048. Voting in - favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Planning Commission Application No. 83048, subject to the following conditions: 1. The special use permit is issued to the applicant as operator of the business and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation shall be 9:00 a.m. to 4:00 p.m. and 7:00 p.m. to 9:00 p.m., Plonday through Friday. Services shall be provided on an appointment —only basis. 4. All parking associated with the home occupation shall be off— street on improved space provided by the applicant 5 • A 5 lb.. fire extinguisher shall be installed in the work area in the basement. 6. No overnight boarding of animals shall be permitted. Voting in favor: Mayor Nyqust, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 83049 S 14ITTED BY 11W- D SHMEY FOR A SPECIAL' AT 5200 70M - POP The Director of Planning ?;Inspection presented and reviewed for Council members pages two through three of the September 15, 1983 Planning Commission meeting minutes, and also the Planning Commission information sheet prepared for Application No 83049.- He reviewed the home occupation request for the taxidermy operation and also the location of the subject parcel. He explained the request involves the use of an accessory structure which requires approval by the Council. The Director of Planning reviewed the applicant's letter requesting the home occupation, and noted that the Planning Commission held a public hearing on the application at its September 15, 1983 meeting and subsequently recommended approval, subject to five conditions which he reviewed for Council members. The - Planning Director added that the notices of this evening's hearing had been sent to the appropriate owners and that the applicant is present at the meeting. Mayor Nyquist opened the meeting for the purpose of ;a public hearing on Application No. 83049. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Ihotka to close the public hearing on Application No. 83049. Voting in favor: Mayor ` 'Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Ihotka and seconded by Councilmember Theis to approve Application No. 83049, subject to the following conditions: 1. The special use permit is issued to the applicant as operator and is nontransferable. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. . The home o e u m occupation n o not cu more than of the accessory OC 0 Pa �Y PY structure. 4. A fire extinguisher of at least 5 lb. capacity shall be kept in the garage. 5. All parking associated with the home occupation shall be off- street on space provided by the applicant. Voting in favor: Mayor Nyquist, Councilmembers Ihotka,- Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLATNING CU7 APPLICATION NO. 83050 SUBMITTED BY Q PETROLEUM FOR A SPECIAL, USE PMTIT TO T RA =S AA1' ASLTI E V.CE 1 1505 =9 AVENUE N Thee irector f Planning & presented and reviewed Tor Councilmem ers pages three through four of the September 15, 1 983 Planning Co mmission meeting minutes. He proceeded to review the special use permit to rent up to three U haul trailers at the Q Petroleum station, and pointed out that the trailer rental use is a special use in the C2 zone provided there is adequate parking. He stated that currently there are 19 parking stalls on the site and that the 19 spaces meet the 9 -26 -83 -7- retail requirement for the grocery store use and also the minimum amount required for the special cial use. He noted there is also room for three additional parking spaces on the site. The Director of Planning explained that the Planning Commission recommended the area along 69th and along Humboldt Avenue not be used for storage of the trailers, and that the northwest side of the site is the most desirable area. He stated that the Planning Commission held a public hearing on the application at which no one spoke against and at which the applicant was present. He explained the Planning Commission recommended approval of the application, subject to four conditions which he reviewed for the Council. The Director of Planning & Inspection then reviewed a letter from the applicant which complied with condition No. 3 recommended by the Planning Commission and which required the 'applicant to acknowledge in writing, prior to City Council consideration of the application, that the applicant will install additional parking meeting all zoning ordinance requirements upon a determination by the City that congestion warrants the installation of all or part of the required parking for the use. The Director of Planning & Inspection stated that the proper notices had been sent regarding the public hearing this evening and that the applicant is present. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 83050 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 83050. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously° There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Application No. 83050, subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 2.. Special use permit approval acknowledges the storage on site of not more than three trailers, none of which may exceed 20' in total length or'9' in total width. The trailers shall not be stored along the Humboldt Avenue or 69th Avenue greenstrip. 3. Special use permit approval acknowledges the site plan approved under Application No. 83019 as providing "proof -of- parking" with adequate parking space for up to three` trailers. 4. Trailer parking shall be confined to existing parking spaces located along the west side of the site to the north of the main building. Voting in favor: Mayor Nyquist, c Coun ilmembers Ihotka Scott Hawes and Theis. Voting against: none. The motion passed unanimously. 9 -26 -83 - -8- PUBLIC BEARING ON PROPOSED ASSESSMENT 1983 DISEASED SHADE TREE RITIOVAL COSTS Mayor R quis open- - Tt ie mee in forth purpose ola public Fearing on the prop se3 assessment for 1983 diseased shade tree removal costs, and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on proposed assessment for 1983 diseased shade tree removal costs. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis Voting against: none. The motion passed unanimously. RESOLUTION NO. 83 -143 hem er eli introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COSTS TO THE HEMPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene I,hotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted gainst the same none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT PUBLIC UTILITY ACCOUNTS Co cilmember Theis asked how long the accounts had been delinquent. The irector of Finance explained that on July 1 anything more than 30 days old was considered delinquent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Delinquent Public Utility Accounts, and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was 'a motion by Councilmember Theis and seconded by Councilmember Scott to close the public hearing on proposed assessment for Delinquent Public Utility Accounts. Voting in favor: Mayor Nyquist, Councilmembers'Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO 83 -144 'Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene I,hotka, Celia Scott, Bill Hawes, and Rich- Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESSIENT FOR DELINQUENT 1 DESTRUCTION ACCOUNTS l yor NyquisT- openee e meeting for purpose or a pub is — Hear g proposed assessment for Delinquent Weed Destruction Accounts, and inquired if.there was anyone present who wished to speak at the public hearing. No one appeared to speak 9 -26 -83 -9- and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Delinquent Weed Destruction Accounts. Voting in favor: Yayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none The motion passed unanimously. RESOLUTION NO. 83 -145' Member GFn_e_io a ntroduced the following resolution and moved its adoption RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HE NEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene I,hotka, Celia Scott, Pill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager stated that at the request of the City Attorney, the next two items, a Continuation of Public Hearing on Proposed Assessment for 51 st Avenue North Water Main Improvement Project No. 1982 -07, and Storm Sewer Improvement Project No. 1980- 24, be continued to a later meeting. He added that the hearing on the Proposed Assessment for the 51 st Avenue North Water Main Improvement Pro j,ect No. 1982-07 is requested to be deferred indefinitely, and that the hearing on Proposed Assessment s for Storm Sewer Improvement Project No. 1980 -24 is requested to be continued until the next City Council meeting. Councilmember Lhotka inquired why the staff was recommending an indefinite continuation of the hearing. The City Attorney replied that he is currently` negotiating with the other side for a settlement and is also awaiting an appraisal, and he would rather put the item on the agenda when it is ready rather than setting a date at which it may have to be continued again. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to continue for an indefinite period of time the public - hearing on the Proposed Assessment for 51st Avenue Water Main Improvement Project No. 1982 -07• There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on Proposed Assessment for Storm Sewer Improvement Project No . 1980 -24 ( 67th Avenue North Storm Sewer Extension) to the October 3, 1983 City Council meeting. RFSOLUTIONS (CONTINUED)' The City Manager introduced a Resolution Amending 1983 Employee Position and Classification Plan and explained that the resolution provides for the establishment of a maintenance worker position as provided within the 1983 budget for the Government Buildings Division. The Director of Public Works explained that he believes it is necessary to designate one individual to be responsible for the maintenance of equipment in City hall and other locations in the City. Currently, he pointed out, there is no one person specifically responsible and that by designating one employee the individual will be responsible for the maintenance of the mechanical, electrical, and plumbing 9 -26 -83 -10- ; systems in the City owned buildings. He pointed out that two of the five present custodians- have achieved the required engineer's license required for the maintenance worker position. He noted that in the current job, descriptions custodians are not specifically responsible for the maintenance of mechanical equipment in City buildings. Councilmember Lhotka requested information comparing the cost of the maintenance worker position with accomplishing the work through an outside contractor. The Director of Public Works explained that the cost comparison would be difficult to develop on the basis of current costs. He noted that on the basis of wage rates the maximum salary increase over the custodian position is $3,600 per year, not including fringe benefits, and added that the maintenance worker on staff will allow the City to establish a preventive maintenance program and will save dollars on this basis. The Director of Finance stated that it is difficult to compare the cost between in- house and outside contractors since some of the maintenance on equipment was not done in the past, and that in the past the City relied on outside contractors completely. The City Manager explained that the boiler and mechanical systems in the City hall are 10 and 12 years old, and that preventive maintenance was not addressed in the past, and some major repairs could possibly have been avoided in the past if a preventive maintenance program were in place. Councilmember Lhotka stated that he would support a preventive maintenance program but inquired how long it would take for the maintenance worker to assume full responsibility. The Director of Public Works explained that the training would entail two to four three -day seminars at approximately $100 per seminar, for a total cost under $1,000. He noted it would probably take one year to develop a full preventive maintenance schedule, and two to three years for the maintenance worker to achieve full proficiency in a preventive maintenance program. After further discussion by Councilmembers, Councilmember Theis stated that he would have to support the staff recommendation in this instance, including the approach to the development of preventive maintenance programs. RESOLUTION NO. 83 -146 der Stich —ies 'introduced the following resolution'`and moved its adoption: RESOLUTION AMENDING 1933 EMPLOYEE POSITION AND CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist; Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES O ORDINANCE GRANTING MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND FACILITIES AND EOUIPN NT FOR THE TRANSPORTATION, DISTRIBUTION, N,ANUFACTUREAND OF GAU =CTP7=rM=IVATE USE 7M T SE THE PUBLIC UVOUND =C= F BROOKIYN CENTER, 1M ; Mn=CR1B11M C =TF .TM7= TTMT9 - T ' 9 -26 -83 -11- Mayor Nyquist opened the meeting for the purpose of a public hearing on the ordinance, and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing.. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on the ordinance. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting agai nst: none. The motion passed unanimously. ORDINANCE NO. 83-1 Member Gene Ihotka introduced the following ordinance and moved its adoption: AN ORDINANCE GRANTING MIIVNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, rA NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIRI NT FOR THE TRANPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF BROOKLYN CENTER, MINNESOTA FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, 'and : upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SPECIAL USES IN THE C2 ZONING DISTRICT` Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Special Uses in the C2 Zoning District. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Amending Chapter 35 of the City. Ordinances Regarding Special Uses in the C2 Zoning District . Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion: passed unanimously. ORDINANCE NO. 83-14 Member el a c� o introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SPECIAL USES IN THE C2 ZONING DISTRICT The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene I,hotka, Celia Scott, Bill 'Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN ORDINANCE MENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW LOW- -RISE OFFICE � M 13 IN TI =fi BY IBS 9 -26 -83 12 Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances to Allow how —Rise Office Uses in the R3 Zoning District by Special Use Permit. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Ihotka to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances: to Allow ?pow -Rise Office Uses in the R3 Zoning District by Special Use Permit. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed uananimously. Councilmember Hawes commented that he had received a call from an attorney, representing an individual in the area of the proposed development by Cramer Company, and that the individual expressed a concern regarding the driveways of persons living along Brooklyn Boulevard and the affect the increased traffic may have for people entering and leaving their property. ORDINANCE NO. 83 3— 5 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW LOW —RISE OFFICE USES IN THE R3 ZONING DISTRICT BY SPECIAL USE PERMIT The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. RECESS hfi Br e ooklyn Center City Council recessed at 8 :50 p.m. and reconvened at 9 :07 p.m. DISCUSSION ITIMS OR�DIMCE AF TDING THE BROOKLYN CENTER CITY CHARTER The City Manager explained that this item was discussed at the September 12, 1983 City Council meeting, and consideration of the ordinance amendment was held over to this evening's meeting. The City Attorney stated that he had a recent discussion with Mr. Michael Beauchane, the chairman of the Charter Commission, and that there are apparently only two provisions in the proposed amendments which are still in question. He stated than Mr. Beauchane has indicated that section 5.09 of the Charter will remain unchanged, and that the amendment to section 8.04 was requested by the City Manager and pertains to performance bonds He noted that the original language in the Charter does not refer to performance bonds, but that the language refers to public contractors bonds which are used to protect the workers on specific projects: He recommended that the word "shall" be placed in the ordinance and that this section refers to public contractors bonds. He stated that it is the request of the Charter Commission to have the Council refer the ordinance back to them for final consideration before it r is offered for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to refer the Ordinance Amending the Brooklyn Center City Charter to the Charter 9 - -83 -13- Commission. Voting in favor: Playor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. SPONSORSHIP OF EtIERGENCY PREPAREDNESS EXPLORER POST Police Chief Lindsay noted that on September 1 _ 1983, 13 individuals applied for membership to the Explorer Post,, and that he would like to recommend that the Explorer Post be sponsored by the City of Brooklyn Center under the activity of Emergency Preparedness. He noted that half the candidates are female and that they would assist in functions of the police department and fire department in disaster situations, such as tornadoes or other disasters, and would free up the police and fire personnel for more critical activities. Councilmember Theis asked what age bracket the individuals were in. Chief Lindsay' stated that the age of the Explorers' is 14 to 21 yrs. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the sponsorship of the Explorer Post by the City of Brooklyn' Center under the activity of Emergency Preparedness, and to authorize the City treasurer to accept donations and keep them in a trust account until a treasury is established for the Explorer Post. Voting in favor: Mayor Nyquist, Councilmembers Ibotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. REVIEW OF CITY POLICY ON A DMINISTR ATIVE PERMITS FOR SPECIAL BUSINESS PROMOTIONS UNDER SECTION 35-801 OF THE CITY ORDINANCE ' ee �ity 1 re�erred7o members to the information prepared by the staff and included in the Council's agenda packets. He pointed out that the current permit structure is to allow two 1O-day permits for most businesses, except service stations, which are allowed three 30-day permits. He added that the staff believes the Council could allow more promotions but they should not be more than 30 days. Mayor Nyquist inquired whether there were any problems with the existing promotions allowed in the ordinance. The City Manager stated that the only problem presented was in a car wash situation and that was solved by putting the car wash, which is usually conducted by some type of community organization outside the permit process. The only other problem, he pointed out, was with regard to merchants not being aware of their time periods. Councilmember Theis stated that he believes the permit periods under the ordinance should be brought closer together, and that he could not see a substantial difference in the nature of a service station and a business like the Goodyear store in Brooklyn Center. Councilmember Lhotka stated that a discrepancy exists now in the ordinance, and that he does not and did not in the past feel what was given to the service stations was justified He explained that if adjustments are made in the ordinance it should be done on a comprehensive basis, and inquired of the City Attorney whether there was anything the Council could do for the Goodyear store which initiated the request. The City Attorney stated that he believed there was nothing the Council can do unless the Council knows exactly what change in the ordinance would be made. Typically, he pointed out, permits could be granted before the ordinance is adopted if the Council knows what change will be made. Councilmember Scott stated that she agreed with Councilmember Lhotka's belief that 9 -26 783 -14- the ordinance should be reviewed on a comprehensive basis. There was a motion by Councilmember Scott and seconded by Councilmember Ihotka to direct the City staff to prepare an Amendment to the City Ordinance Regarding Special Business Promotions under Section 35-801 of the City Ordinances, and to address the amendment the special the special business promotions allowed under the ordinance in a comprehensive fashion. Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes and Theis. Voting against: none. The motion passed unanimously. The City Manager stated that the staff would meet with chamber members and come back to the Council sometime in October. UPDATE ON LIQUOR LICENSE ORDINAITCE REVISIONS The City Pianager referred Council members to the draft of the staff recommendations for revisions to the City liquor ordinance. He added that cities can be more restrictive than state law but cannot be less restrictive than state statute. He added that the liquor license fees in Brooklyn Center have not been changed since 1968. He also noted that the staff has had two meetings with chamber representatives to discuss the ordinance changes, and that the chamber, along with current license holders, support the concept of keeping the "neighborhood bar" out of the City. He explained the chamber representatives have indicated a preference for a food and liquor split of 60/40 rather than the 50/50 ratio which exists ° now. He pointed out that the chamber representatives were not representing the official - policy of the chamber, but rather were present for discussion purposes. The City Manager pointed out that one option discussed was a sliding fee scale for percentages below the 50/50 split. He explained the staff supports a penalty or additional fee for establishments dropping below the 50/50 ratio. Also, he pointed out, the staff supports a reduction of liquor license fees for establishments with higher than a 50/50 split . The City Manager pointed out that the staff supports the maintenance of the 150 seat requirement for a restaurant, the continuation of some type of ratio for food and liquor, and stressed the importance of the license fee amount. Councilmember Hawes inquired whether the Council could issue a 90 day license to establishments to assess the experience of the operator with regard' to meeting the ratio requirement. The City Manager stated that, typically, the first 90 days of any operation are not a good indication of operating experience and may be skewed one way or the other. The City Attorney added that he does not think there is a provision in the law for a liquor license less than one year. Mayor Nyquist inquired why liquor licenses are so difficult to revoke once they are granted. The City Attorney stated that where the violation is based on a specific formula a violation is easier to prove, but he pointed out the Minnesota Supreme Court is leading: toward viewing the license as a property right. Councilmember Theis then inquired that if a percentage or ratio is adjusted would not the City still have the same problem concerning establishments not being able to meet the ratio. The City Manager stated that he agreed with Councilmember Theis' comments and that changing the ratio or percentage does not solve the problem. Councilmember Theis then inquired if there would be a possibility of instituting a penalty clause for establishments not meeting the ratio. The City Attorney stated 9 -26 -83 -15- that he does not think the City could do this under the statute since the statute does not provide for a sliding fee scale. However, he pointed out, it would be possible to have a license schedule which would require different fees for a 40% ratio as opposed to a 459 or any other variation. He added that this could possibly be, justified on the cost of services provided to the bar. He added that he would have - to research this option further. Councilmember Theis then inquired whether a 10 -day suspension would be possible for establishments not meeting the ratio. The City Attorney stated that no City has done this but that he believed the City could do it since it would be an automatic revocation if the ratio was not met. Councilmember Theis then asked whether suspension of a liquor license was possible under the existing ordinance. The City Attorney commented that he does not believe it is possible under the City's current ordinance. Councilmember Theis then inquired whether the bowling revenue could be included in the dollar amounts used, to meet the ratio. In response to Councilmember Theis' question, the City Attorney stated that the split liquor statute allows the City.to' license hotels and restaurants, and that the City's regulations should deal only with hotels and restaurants. Councilmember Scott suggested a possible 60/40 split for bowling alleys and motels, and pointed out that restaurants don't seem to have a problem with the 50/50 ratio. She added that, in effect, bowling alleys are being penalized for simply being bowling alleys. The City Attorney commented that he believed Councilmember Scott brought up a good point in that a bowling alley is not really a restaurant, and that it raises the problem that the City is currently dealing with. He pointed out that the split liquor statute allows the City to license restaurants and hotels only, and that the present statute was enacted because the legislature assumed that the City of Brooklyn Center wanted to attract hotels and restaurants. The City Manager stated that the staff will try to give the Council something with more flexibility than the current ordinance presents. Councilmember Theis inquired as to the anticipated time table for the ordinance amendment. The City Manager stated that he would anticipate returning to the Council by the second week in October. Councilmember Theis stated that he is concerned with regard to the deadlines presented by ordinance changes, particularly with regard to renewal of liquor licenses at the end of the year. The City Manager indicated that he believes the proposed changes wilI likely be noncontroversial, and that any controversial items which required further discussion could be deferred to 1984. Mayor Nyquist inquired of the Council members whether they had any problem with changing the 50/50 ratio. Councilmember hhotka stated that he would have a hard time changing the current ratio on the basis that license holders cannot meet it. Mayor Nyquist recognized Nonni McCauley, Executive Vice President of the Chamber, who stated that the Chamber has to deal with the entire business community, and that one of the current trends she had become aware of in the restaurant business is that younger people are changing their eating and drinking habits and are often eating lighter' meals than in the past. She added that this will have an affect on restaurants. She added that she would like to commend the Council on looking at the ordinance changes, and that she would be happy to work with the staff -on any proposed 9 -26 -83 -6- revisions to the ordinance. Councilmember Hawes inquired of Ms. McCauley whether she would have any problem with changing the license fees if the ratios were also changed. Ms. McCauley stated that she would view this as a trade -off. Councilmember Theis requested the City Manager to also survey other cities with split liquor. PUBLIC HEARING ON 1984 CITY BUDGET Mayor Nyquist reconvened the budget hearing on the proposed City budget for 1 984. The City Manager referred Council members to M&C No 83 -7 dated September 22, 1983 regarding an update on the 1984 proposed budget. Councilmember Theis inquired what type of policy the City has with regard to license fee changes. The City Manager explained that thus far the City has revised its license fee schedule on an intermittent basis, and pointed out that the largest revenue source from license fees is the liquor license fees. He added that the staff has not kept the fees up-to -date, and has focused primarily on the expenditure side of the budget rather than the revenue side. Councilmember Theis stated that he was concerned that the rates should be evaluated on a regular basis, and added that he believed the amount of the fee should be set to defray any costs of issuing licenses, which has been the traditional philosophy of license fees. Councilmember Ihotka stated that he would like more adequate information with regard to proposed attorney's_ fees for 1984 than was given in the City Attorney's letter. He added that he believes the costs are getting out of line and that he is concerned with the high cost of legal services. - In response to Councilmember Ihotka I s inquiry, the City Attorney stated that the civil work done for the City has not increased that much, but that the criminal work began to exceed the °civil work' approximately three years ago, due in part to increased DWI enforcement. He also pointed out that in 1984 the City Attorney's office will be prosecuting gross misdemeanors which the County Attorney has handled previously. He explained that there has been a lot of business in the criminal area and that prosecutors generally find it difficult to cut back on criminal cases. He added that 1200 to 1300 hours have been put in on criminal work this year. The City Manager pointed out that the hourly, cost charged by the City Attorney is generally in the middle or lower range of the law firms in the metro area. Police Chief Lindsay stated that his office has asked the prosecutor when plea bargaining, to consider fines. Also, he pointed out, judges are concerned that a defendant can buy a reduced fine from DWI to careless driving. Finally, he pointed out, Brooklyn Center now has two court days per week and not one as in the past. Councilmember Ihotka stated that he is aware that the costs are hard to predict but posed the possibility that the Council may decide to put the legal services out on bid. Councilmember Ihotka stated that he would like the Council to address the issue of funding the senior citizens choir. Councilmember Theis stated that he believes the senior choir is a good thing for Brooklyn Center, and that the City has not used the group as much as it should. He added that, generally, the Council has not put in new programs in this year's budget but that he would like some support given to the 9 -25 -83 -17- choir. Councilmember Scott stated that she agreed with Councilmember Theis and, that she believed the senior choir is worthy of support. Councilmember Ihotka, stated that the Council has cut funds to other groups in the past, including the band and children's chorus. Councilmember Theis stated that the City does give something to the other groups, and that the groups have been cut back but not eliminated from the budget. Councilmember Hawes stated that he would like to see this organization supported financially. Councilmember Hawes stated that he would like to see some type of guidelines developed for the funding of groups, such as the senior choir. The City Manager explained that guidelines could be developed but typically these types of guidelines are subjective and difficult to establish. Councilmember Hawes suggested that perhaps criteria such as the number of years the organization has been in existence could be considered when funding. Mayor Nyquist recognized Ms. June Scofield, director of the senior choir, who stated that the seniors now pay $6 per quarter for registration for the senior choir and a dollar for bus rides to performances. She added that approximately one half of the cost of the group is paid for by its membership. The City Manager stated that one of the problems, if criteria are established, is that any group meeting them could conceivably be funded. He added that he would try to develop some type of guidelines for the Council's consideration. Councilmember Theis stated that he would like to match Brooklyn Park's contribution to the senior choir which is $400, and that he hoped that the activities of the senior choir would be promoted in Brooklyn Center. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to include funding in the 1984 budget for the senior choir in the amount of $400. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Theis requested the City Manager to review the proposed year 2000 study. The City Manager stated that he would recommend that a committee or committees be established within the community to develop the project with..a coordinator hired to do the "legwork" for the project. He added that the committee would give the direction and the coordinator would carry out the direction. He pointed out an example where the staff could provide trends on the housing stock in the City, and the committee could give direction on recommended policy for how to maintain adequate housing. Mayor Nyquist stated that the project may be a candidate for the public /private partnership task force. Discussion continued regarding the year 2000 study, and there was a general consensus of Council members to support the study. Mayor Nyquist opened the meeting to a discussion of the City's dues paid to the League of Minnesota Cities. The City; Manager stated that he has a meeting League of Minnesota Cities officials scheduled next week. Councilmember Zhotka noted that there was a fluctuation in the ad valorem levy stated in the budget for years 1981 and 1982. The Director of Finance stated that he 9 -26 -83 -18 J would.double check the figures and respond to Councilmember Lhotka's inquiry. The City Manager stated that if the Council wants to approve the budget it can direct the staff to prepare a resolution for its October ,3, 1983 meeting which would also document the changes directed by the Council. Mayor Nyquist noted a letter from the League of Minnesota Cities regarding the possibility that state aids maybe restored. The City Manager stated that the state legislature has not been known for the predictability in the past, and that the staff will research this as to the likelihood of restoring the $185, 000 in state aids which had been cutback. The Director of Finance, in response to Councilmember Ihotka's inquiry, stated that the actual levy in 1982 should be $2,182,365. There was a motion by Councilmember Ihotka and seconded by Councilmember Hawes to direct the staff to prepare a Resolution Adopting the 1 984 Budget and which would reflect the changes directed by the City Council. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:10 p.m. Clerk or 9 -26 -83 -19 TO: Sy Knapp, Director of Public Works FROM: Jim Grube, Assistant City Engineer DATE; October 14, 1983 RE: Final Plat Approval - Sander- Erickson Addition (Subdivision of _a Residential Lot Along the 5400 Block of Bryant Avenue North) Planning Commission Application No. 83032 Shawn Taylor, representing the owner of the referenced property, has petitioned the City Council to approve the referenced final plat. Conditions placed upon the plat by the City Council at its July 25, 1983 meeting include: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall remove driveway segments which encroach into the proposed Lots 1 and 3 and install a new driveway on Lot 2 prior to final plat approval. 4. The existing 15'" x 30' brick shed on the proposed Lot 1 may continue as an accessory structure. However, this building may not be used as a dwelling by either the current or future owners. 5. The applicant shall enter into a subdivision agreement with the City prior to final plat approval for payment of deferred assessments for water service. The final plat is in order and the necessary driveway modifications have been accomplished. In addition, the subdivision agreement has been executed and the deferred water main assessment has been paid off. The applicant has not submitted an updated Abstract of Title; therefore it is recommended the City Council approve the final plat contingent upon receipt and approval of the Abstract of Title by the City Attorney. JNG :jn G ! R ; A { t i AV E.; co ir ^. r- I — I I. LFj6AoNT AV E. —IT ,o , I �. N . z r OU. NT FAX AVE. AV E. •, Y 1 � 4 N. E , rn 8R AVE. PANT CAP.1 EN, �� AV'N a,ryf ;l D•�.f •� FC I I _�-�� fA I •I : Qi l'J �! l) l� `L1 �t hi • .Y __ _ .,.� � I 1 - �'. - I - I { I I ' r D _ 1 SANDER ERIC �S01 ADDITION NORTH LINE OF LOT 2 — - 150.70 - N 68 E - _ 60 i 1 0 PO 40 60 o SCALE IN FEET t! F 01 m' ( O LL O DENOTES IRON AIONUAIENT 1 0 i LU BEARINGS SNOWN ARE ASSUME - D ♦� F 1_ N • w 150.70 -N 88 °32'00.E I LL <� I r 2 ,, ._.._ D:• 0 O Lii O ,I p 0 LL O p - - O p J iO > OD N CNV < N 150.70 -N 88 °32'00 "E ` 60 00' 1_ _ 1 - 15065- 0 `- - -i i � I LL J - 0 W z t% pl r o -i �.. p ..� m N uJ Mi to i Li J CD i i .t 60 15070 - N 88'32'00 E I SOUTH UNE or LOT 3 I .. _ .. P"m MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Tom Bublitz, Administrative Assistant DATE: October 13, 1983 SUBJECT: Appointment of Additional Standby Judges for 1983 Election Due to the fact that another of the Election Judges appointed for the 1983 municipal election has indicated she will not be able to serve, it is necessary to appoint an additional standby judge. I would recommend that the City Council, at the October 17, 1983 meeting, appoint Marion Alford as additional standby judge for the 1983 municipal election. As required by State Statute, Election Judges are required to specify their party affiliation. Ms. Alford has indicated that her party affiliation is Independent Republican. Member introduced the following resolution and�'� moved its adoption: {, RESOLUTION N0. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE BROOKLYN CENTER SOLAR DEMONSTRATION PROJECT WHEREAS, the City of Brooklyn Center established a Solar Demonstration Project funded with Community Development Block Grant Funds; and WHEREAS, bids were received for each of the five (5) homes selected for the demonstration project; and WHEREAS, it appears that the bids received from J;. E. Duoos appear to be the lowest responsible bid for each of the five (5) homes in the project: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the five (5) bids received from J. E. Duoos totaling $40,039 is hereby .accepted. The City Manager is hereby authorized to execute a contract for each of the five (5) homes with J. E. Duoos in accordance with the terms and specifications of the Solar Demonstration Project and the Community Development Block Grant Program. 4 ie Date Mayor ATTESTS Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the folloiing voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE OF THE CITY OF BROOKLYN CENTER, MINNESOTA, COLLATERALIZED MULTIFAMILY HOUSING REVENUE BONDS (BROOKWOOD MANOR PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,225,000, WHICH BONDS AND THE INTEREST AND PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE LENDER LOAN AGREEMENT; PRESCRIBING, THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LENDER LOAN AGREEMENT, A COLLATERAL AGREEMENT, AND A REGULATORY AGREEMENT; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE CONTRACT OF PURCHASE IN CONNECTION WITH THE BONDS; CONSENTING TO THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND A FORM OF FINAL OFFICIAL STATEMENT AND PROVIDING FOR THE SECURITIES, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS WHEREAS, the City of Brooklyn Center (the "City ") is a home -rule charter City duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes Chapters 462A and 462C, as amended (the "Acts"), the City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to defray, in whole or in part, the development costs of a rental housing development, and by entering into any agreements made in connection therewith and pledging them as security for the payment of the principal of and interest on any such revenue bonds (the "Program "); and WHEREAS, to provide a means of financing the cost of a rental housing development that will provide decent, safe and sanitary housing for residents of the City at rents they can afford, and further (1) to provide for and promote the public health, safety, morals and welfare; (2) to provide for efficient and well- planned urban growth and development, including the elimination and prevention of potential urban blight, and the proper coordination of industrial facilities with public services, mass transportation and multifamily housing developments; and (3) to assist persons of low and moderate income in obtaining,safe and sanitary housing at rents which they can afford, which constitute valid public purposes for the issuance of revenue bonds under the Acts, the City has developed a program with respect to (i) the issuance by the City of its Collateralized Multifamily Housing Revenue Bonds (Brookwood Manor Project) (the "Bonds") in the aggregate principal amount not to exceed $2,225,000, and (ii) the use of the Bond proceeds by the City to make a loan (the "Lender Loan ") to Peoples Savings and Loan Association, F.A., of Owatonna (the "Lender "), pursuant to a loan agreement, subject to the require - ment that in consideration for such Lender Loan the Lender will make a mortgage loan (the "Developer Loan ") to Brookwood Manor Limited Partnership, a Minnesota limited partnership (the "Developer ") in accordance with the provisions of the loan agreement between the City and the Lender dated as of the date hereof (the "Lender Loan Agreement "); and A RESOLUTION NO. WHEREAS, the City developed a Housing Plan pursuant to and in conformity with the Acts, and on , 19 held a public: gearing thereon after one publication of notice in a newspaper circulating generally in the City; and t WHEREAS the City Y b the passage of Resolution No. i adopted the Housing Plan on September 21, 1982; and WHEREAS, the Housing Plan was submitted on , 19 to the Metropolitan Council, which reviewed the Housing Plan and forwarded its comments to the City, which comments were reviewed and discussed by the City; and WHEREAS, the City Council of the City held a public hearing regarding the Program on February 14, 1983, for which a hearing notice was duly published in the Minneapolis Star be Tribune on January 12, 1983; and WHEREAS, the City Council of the City adopted the program for the issuance of the Bonds (the "Program ") by the passage of Resolution Number 83 -31, adopted on February 14, 1983; and WHEREAS, the Acts require approval of the Program by the Minnesota Housing Finance Agency (the "Agency "), which approval was given on , 1983; and WHEREAS, pursuant to the the Acts, and the Indenture of Trust by and between the City and First Trust Company of Saint Paul (the 'Trustee ") (the " City proposes to undertake the Pro am Indenture" ) the p �' 2 and for the financing : Y P 4 au thorize, issue. and sell the Bonds and • thereof, to au , Cit t of Minnesota or a ny p olitical cal WHEREAS neither the Czt nor the Sta � H , 5 subdivision thereof shall be liable on the Bonds, and the Bonds shall not be a debt of the City, the State of Minnesota, or any political subdivision thereof, and in any event shall not give rise to a charge against the general credit or taxing power of the City, the State of Minnesota, or any political subdivision thereof (including without limitation the City), and shall not be payable out of any funds or properties other than those of the City provided as security by the Indenture; and WHEREAS, in order to comply with the requirements of the Tax Equity and Fiscal Responsiblity Act of 1982, the City Council held a second public hearing on October 17, 1983, after publication of notice thereof in a newspaper of general circulation in the City at least fourteen days before the hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA: finds determines , 11 f the City acknowledges, Section 1 . The Cit Council o e , Y Y dent life in the City is dependent tion of the unlit of P d declares that the quality Y an preservation upon housing stock , on the maintenance provision, and preservation of an adequate h b p �P . J roviders that man would -be h t acc omplishing this is a p ublic p urpose, 5 P tha acc p e ose p P P housing units in the City are either unable to afford mortgage credit at present -2_ RESOLUTION NO. market rates of interest or arc unable to obtain mortgage credit because the mortgage credit market is severely restricted. Section 2 . The City Council of the City further finds, determines, and t declares that the purpose of the Program is to issue the Bonds, the proceeds of which' will be loaned to the Lender pursuant to the Lender Loan Agreement, in consideration for which the Lender will make the Developer Loan to the Developer to finance the construction of a rental housing development consisting of approximately 65 rental units to be located at 6125 North Lilac Drive in the City of Brooklyn Center, as more fully described in the Lender Loan Agreement (the "Project "), for occupancy primarily by persons of low and moderate income. Section 3 . For the purpose of financing the Program there is hereby authorized the issuance of the Bonds of the City in an amount not to exceed $2,225,000.. The Bonds shall be in such principal amount, shall mature, shall bear interest, shall be in such denomination, shall be numbered, shall be dated, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed by the Indenture and the Official Statement hereinafter referred to. Section 4 . The Bonds shall be special obligations of the City payable solely from the revenues of the Program, in the manner provided in the Indenture of Trust (the "Indenture ") between the City and First Trust Company of Saint Paul. The Bonds do not constitute a debt to the City, nor does the City pledge its full faith - and credit in regard to the issuance of the Bonds. The City Council of the City i hereby authorizes and directs the Mayor of the City (the "Mayor ") and the City Manager -Clerk (the "City Manager ") to execute, under the corporate seal of the l City, the Indenture, and to deliver to First Trust Company of Saint Paul (the "Trustee ") the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the City, and the Trustee as set forth therein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City Manager on the date hereof, and is hereby. approved, with such necessary and appropriate variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and City Manager shall be conclusive evidence of such determination. Section 5 . The Mayor and the City Manager are hereby authorized and directed to accept and execute the Bond Purchase Agreement (the "Underwriting Agreement ") from Miller & Schroeder Municipals, Inc. (the "Underwriters "). "All of the provisions of the Underwriting Agreement, when executed and delivered as 'authorized herein, shall be deemed to be a part of this resolution as fully and to the f same extent as if incorporated verbatim herein and shall be in full force and effect E from the date of execution and delivery thereof. The Underwriting Agreement shall be substantially in the form on file with the City Manager on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, -3- RESOLUTION NO. and insertions as do not materially affect the substance of the transaction and as the Mayor and the City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Section 6 . The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Lender Loan Agreement and, when executed and delivered as authorized herein, the Lender Loan Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Lender Loan Agreement shell be substantially in the form on file with the City Manager on the date hereof, and is hereby approved, with such necessary variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and the City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and City Manager shall be conclusive evidence of such determination. Section 7 . The Mayor and City Manager are hereby authorized and directed to accept and execute the Regulatory Agreement (the "Regulatory Agreement ") between the City, the Lender, the Trustee and the Developer and, when executed and delivered as authorized herein, the Regulatory Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Regulatory Agreement shall be substantially in the form on file with the City Manager on the date hereof, and is hereby approved, with such } necessary variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and the City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Section 8 . The City hereby approves the Collateral Agreement (the "Collateral Agreement ") by and between the City, the Trustee and the Lender, and when executed and delivered by the parties thereto, the Collateral Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Collateral Agreement shall be substantially in the form on file with the City Manager on the date hereof, and is hereby approved, with such necessary variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and the City 'Nianager, in their discretion, shall determine; provided that the execution thereof by the parties thereto shall be conclusive evidence of such determination. Section 9 . All covenants, stipulations, obligations, representations, and agreements of the City contained in this or contained in the.Indenture, Lender Loan Agreement, Collateral Agreement, Regulatory Agreement or other documents referred to above shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, i representations, and agreements shall be binding upon the City. Except as i otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed upon the City or the City Council members thereof by the provisions of this resolution or of the Indenture, the Lender Loan -4- RESOLUTION NO. Agreement, the Collateral Agreement, the Regulatory Agreement or other documents referred to above shall be exercised or performed by the City, or by such members, officers, board, body, or agency as may be requ' ~cd or authorized by to exercise such powers and to perform duties. No covenant stipulation, law a m such dot e 1 P P � elation P obligation, representation, or agreement herein contained or contained in the Indenture, the Lender Loan Agreement, the Collateral Agreement, the Regulatory Agreement or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the City in that person's individual capacity, and neither the members of the City Council of the City nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 10 . Except as herein otherwise expressly provided, nothing in this resolution or in the Indenture, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the City, the holders of the Bonds, the Trustee, and the Developer and the Lender to the extent expressly provided in the Indenture, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provision thereof, this resolution, the Indenture and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, the holders from time to time of the Bonds issued under the provisions of this resolution and the Indenture, and the Developer and the Lender to the extent expressly provided in the Indenture. Se ction 11 . In case any one or more of the provisions of this resolution or of the Indenture or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution or of the Indenture or of the Bonds, but this resolution, the Indenture, and the Bonds shall be construed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Indenture, the pledge of revenues derived from the Program referred to in the Indenture, the pledge of collateral derived from the Program referred to in the Indenture, the creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Bonds pursuant to and under the Indenture, and the application of said revenues, collateral, and other monies are all commitments, obligations, and agreements on the part of the City contained in the Indenture, and the invalidity of the Indenture -shall not affect the commitments, obligations, and agreements on the part of the City to create such funds and to apply said revenues, other monies, and proceeds of the Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such commitments on the part of the City are as binding as if contained in this resolution separate and apart from the Indenture. Section 12 . All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the Indenture and the other documents referred to above to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Bonds, and precedent to the execution of the Indenture and the other documents referred to above have happened, exist, and have been performed as so required by law. -5- RESOLUTION NO. Section 13 . The City Council of the City, officers of the City, and attorneys and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution and the Indenture and the other documents referred to above for the full, punctual, acid complete performance of all the terms, covenants, and agreements contained in the Bonds, the Indenture and the other documents referred to above, and this resolution. Section 14 . The City hereby consents to the distribution of the Preliminary Official Statement, dated October 12, 1983, relating to the Bonds, substantially in the form on file with the City Manager on the date hereof, and ratifies the distribution thereof by the Underwriters. The City hereby consents to the use by the Underwriters in connection with the sale of the Bonds of the Final Official Statement, substantially in the form on file with the City Manager; provided that the City Manager may consent to such variations, omissions, and insertions as are not materially inconsistent with the form on file with the City Manager on the date hereof. The Preliminary Official Statement and the Final Official Statement are the sole materials consented to by the City for use in connection with the offer and safe of the Bonds. The Mayor is hereby authorized to execute the Final Official Statement. Section 15 . The Mayor and the City Manager are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required by the Indenture, the Lender Loan Agreement, Collateral Agreement, the Underwriting Agreement or the Regulatory Agreement, or any other certificates or documents which are deemed necessary by bond counsel to evidence { the validity or enforceability of the Bonds, the Indenture or the other documents referred to in this Resolution, or to evidence compliance with Section 103(b)(4)(A) or Section 103(c) of the Internal Revenue Code, as amended; and the Mayor and the City Manager are hereby designated as Officers of the City for the purposes of executing the Officer's Certificate; and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the City. Section 16 . If for any reason the Mayor of the City is unable to execute and deliver those documents referred to in this Resolution any other member of the City Council of the City may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the City Manager of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed and delivered by any other member of the City Council or the Assistant City Clerk with the same force and effect if such documents were executed and delivered by the City Manager of the City. Section 17. All costs incurred by the City in connection with the issuance, sale and delivery of the Bonds and the execution and delivery of the Indenture, the Lender Loan Agreement, the Collateral Agreement, the Regulatory Agreement, or the Underwriting Agreement or any other agreement or instrument relative to, the Bonds, whether or not actually issued or delivered, shall be paid by the Developer or reimbursed by the Developer to the City. Section 18 . This resolution shall be in full force and effect from and after its passage. _6_ RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i t E -7- Member introduced the following resolution and moved its adoption: RESOLUTION PROCLAIMING THE WEEK OF OCTOBER 30 - NOVEMBER 4 AS "CHEMICAL" PEOPLE WEEK WHEREAS, alcohol and drug abuse is a- problem which affects every resident of our community through social and /or economic costs; and WHEREAS, the impact of drug and alcohol abuse is especially significant with respect to the young people of our area; and WHEREAS, the education of young people as to the harmful effects of drugs and alcohol is necessary to enable them to make a responsible choice when faced with the chemical decision; and WHEREAS, "The Chemical People: Minnesota is a- state -wide project designed to provide accurate and vital information on the problems associated with alcohol and drug abuse through the use of television and town meetings; and WHEREAS, endorsement by municipal officials of "The Chemical People: Minnesota" project may encourage a higher level of participation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the week of October 30 November 4 is hereby proclaimed as "Chemical People Week" and all of the residents of Brooklyn' Center are hereby encouraged to participate in the week's activities to whatever extent e4 is possible. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof.: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. WN- CITY OF ROBBINSDALE ��. ; ., .^ � �� ♦.< 4221 LAKE ROAD . :� r , µ ;.a�{ Iti -•H!I �� _ BINSDA E MINNESOTA 5542 .ROB L 2 TELEPHONE: (612) 537 -4534 Dear Mayor During the week of October 30, 1983 through November 4, 1983, people through out the State of Minnesota will be <involved in a unique effort to prevent the problems of alcohol and drug abuse among our young people. A description of this project, known as "The Chemical People Minnesota" is described in the attached flyer. In this area, there is a committee organized through the efforts of the Chemical Awareness staff of District No. 281 which is promoting "The Chemical People: Minnesota" project. This committee is comprised of representatives from District No. 281, local Human Service Agencies, and municipal staffs including police officers. At the request of this committee and because of my belief in the value of this project, I.am requesting that your City Council adopt the enclosed resolution which proclaims the week of October 30, 1983 - November 4. 1983, as "Chemical People Week" in your community. The four hour television series around which this project is based will be aired during that week on public television and your proclamation will serve to provide invaluable publicity for these programs. As municipal officials, as parents, as just plain citizens, we all recognize the costs, both economic and emotional, of'drug and alcohol abuse to our communities. Your cooperation in adopting this resolution will provide some measure of assistance to a group which is working toward the alleviation of this most serious problem. If you have questions or wish further information on this matter, please call Bob tVicklund at Robbi.nsda.le City hall, 537 -4534. I thank you for whatever effort you can put forward on behalf of this project, Sincerely, R%=nd A. Mattson Mayor, City of Robbinsdale RANI: IT Enclosures AN EQUAL OPPORTUNITY EMPLOYER = _ EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA Pursuant to due _call and notice thereof, a regular meeting of the Council of the City of Brooklyn Center, Minnesota, was duly held in z the City Hall in the City of Brooklyn Center on Monday, October 17, 1983, commencing at 7 :00 o'clock p.m., C.T. The following members were present: and the following were absent: ¢ f . The Mayor announced that the meeting was convened for the consid- eration of the bids which had been received for the purchase of $930,000 General Obligation Tax Increment Bonds of 1983, as advertised for sale. The City Manager presented affidavits showing publication of notice of, sale in the official newspaper and in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found- satisfactory and ordered placed on file. The City Manager presented a tabulation of the bids which had been received, opened and tabulated in the manner specified in the notice of sale of the Bonds. The bids are summarized on Exhibit A attached hereto. i After due consideration of the bids, Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING THE SALE OF $930,000 TAX INCREMENT BONDS OF 1983 FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. BE IT RESOLVED By the City Council of the City of Brooklyn Center (City), Minnesota, as follows: I. Sale of Bonds 1.01 The bid of (Purchaser) to purchase $930,000 General Obligation Tax Increment Bonds of 1983, (Bonds) of the City described in the notice of sale thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, such bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, all Bonds to bear interest as follows: Year of Maturity Interest Rate The sum of $ , being the amount .bid in excess of $913,700, shall be credited to the Debt Service Fund hereinafter created. The City Finance Officer is directed to retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds and is directed to return the checks of the unsuccessful bidders forthwith. 1.02. The City shall forthwith issue and sell the Bonds in the principal amount of $930,000 dated November 1, 1983, the Bonds being fully registered and issued in the denomination of integral multiples of $5,000, numbered no. 1 and upward, bearing interest as above set forth, all interest payable February 1, 1984, and semi- annually thereafter on August 1 and February 1 in each year, and which 0 Bonds mature serially on February 1 in the years and amounts as follows: Year Amount 1986 $ 5,000 1987 55,000 1988 60,000 1989 75,000 1990 75,000 1991 75,000 1992 100,000 1993 100,000 1994 100,000 1995 100,000 1996 125,000 1997 60,000 Bonds maturing after February 1, 1992, are subject to redemption in whole or in part in inverse numerical order on said date and on any interest payment date thereafter at a price of par plus accrued inter- est to date of redemption. Section 2. Form: Registration 2.01. Registered Form The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. • 2.02. Dates; Interest Payment Dates Each Bond shall be dated as of the last interest payment date preceding the date of authenti- cation to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to February 1, 1984, in which case such Bond shall be dated as of November 1, 1983. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 1984, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration The City shall appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver., in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authen- ticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners The City and the Registrar may treat the person in whose name any ,Bond is at any time registered in the w owner of such .Bond whether bond n as absolute register the abs 1 t g such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Regis- trar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon` furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms 'it shall not be necessary to issue a new Bond prior to payment. 2.04. Appointment of Initial Registrar The City hereby appoints Minnesota, as the initial Registrar. The Mayor and the Clerk are authorized to execute and deliver, on behalf of the City, a contract with said Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services P erformed. The City reserves the right to remove the Registrar upon 30 days' notice P Y and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its posses- sion to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director shall transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery The Bonds shall be prepared under the direction of the Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the 'Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwith- standing such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certifi- cate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Clerk shall deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. t fi y 2.06. Form of Bonds The Bonds shall be printed in;substan- tially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER GENERAL OBLIGATION TAX INCREMENT BOND OF 1983 Date of Rate Maturity Original Issue CUSIP November 1, Lo83 No. $ KNOW ALL MEN BY THESE PRESENTS that the City of Brooklyn Center, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $5,000 on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August l in each year, com- mencing February 1, 1984, to the person in whose name this Bond is regis- tered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Minnesota, as Bond Registrar, Authenticating Agent and Paying Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevoc- ably pledged. The City may elect on February 1, 1992, and on any interest payment date thereafter, to prepay Bonds of this issue due on or after February 1, 1993. Redemption may be in whole or in part of the Bonds subject to pre- payment. I€ redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment.the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. (Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all. purposes have the same effect as though fully set forth in this place.) This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual- signature of one of its authorized representatives IN WITNESS 'WHEREOF, the City of Brooklyn Center, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF BROOKLYN CENTER, MINNESOTA (facsimile) (facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $930,000, all of like original date and tenor, except as to serial number, maturity date, interest rate and redemption privilege, issued pursuant to Resolution No. adopted by the City Council on October 17, 1983 (the Resolution), for the purpose of providing money to finance the public costs of the development of a Housing Development Project in a Tax Increment Financing District in the City, pursuant to and in full conformity with the Constitution and laws of the State- of Minnesota, including Minnesota Statutes, Sections 273.71 to 273.78, the Minnesota Tax Increment Financing Act, and the Home Rule Charter of the City, and is payable primarily from tax increments resulting from increases in assessed valuation of real prop- erty in the District pursuant to a tax increment agreement executed by the City and the Housing and Redevelopment Authority of the City of Brooklyn Center on , 1983, but constitutes a general obligation of the City and, to provide moneys for the prompt and full payment of said principal and interest as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount. The bonds of this series are issued only as fully registered bonds in denominations of $5,000 or any integral multiple thereof, of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denomina- tions. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, to exist have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Brooklyn Center, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) City Clerk The following abbreviations, when used in the inscription of the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM as tenants UN1F GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants by entireties _under Uniform Gifts to Minors 3T TEN -- as joint tenants with right of survivorship and Act . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, with- out alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major- stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if the Bonds are held by joint account) Please insert social security or other identifying number of assignee Section 3. Security: Payment 3.01. The Bonds or additional bonds similarly authorized and issued shall be payable from the General Obligation Tax Increment Bonds of 1983 Debt Service Fund ( "Debt Service Fund ") hereby created, and the proceeds of any general taxes hereafter levied, and all tax increments from the Tax Increment Financing District (the "Housing District ") in which the Housing Development Project financed by the Bonds is located received by the City from the Housing and Redevelop- ment Authority of the City of Brooklyn Center pursuant to the Tax Increment Agreement executed by the City and the Authority on , 1983; and said tax increments are hereby irrevocably appropriated and pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director shall pay such principal or interest from the general fund of the City and such fund may be reimbursed for such advances out of proceeds of said tax increments when received. 3.02. It is hereby found and determined that the estimated tax increments from the Housing District are sufficient to provide funds equal to at least 5% in excess of the amount needed to pay principal and interest when due on the Bonds. In this resolution the terms "Housing Development Project" and "Tax Increment financing Dis- trict have the meanings . given them by the council resolution of September 12 1983 authorizing in g the sale of the Bonds. Section 4. Authentication of Transcript 4.01. The City Clerk shall obtain a copy of the proposed approving legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause said opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the following form: I hereby certify that the foregoing is a full, true and correct copy of the Legal opinion executed by the above named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of bond delivery. (Facsimile Signature) City Clerk City of Brooklyn Center, Minnesota The City Clerk is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. The Bonds when fully executed, shall be delivered by the City Finance Officer to the Purchaser thereof upon receipt of the purchase price, and the Purchaser shall not be obligated to see to the proper appli- cation thereof. 4.02. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of the Bonds and to the attorneys approving the same, certified copies of proceedings and records of the City relating to the Bonds and to the financial condi- tion and affairs of the City, and such other certificates, affidavits and transcripts s a s may b P y e required to show the facts within their knowledge or as shown b the books ooks a nd records in their custody y and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 4.03. The Mayor, City Manager and Clerk are hereby author- ized and directed to certify hat the have examine d the Official Y Y Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief said statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement or prospectus as it relates to the City. 4.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the Director e ec or of Property Taxa - P Y tion of Hennepin County, and to obtain the certificate required b q Y Minnesota Statutes, Section 475.63. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember �, and upon vote being taken thereon, the following voted AYE: and the following voted NAY: whereupon said resolution was declared duly passed and adopted. Passed, adopted and filed this 17th day of October, 1983. APPROVED ATTEST: Mayor Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF BROOKLYN CENTER ) I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Monday, October 17, 1983, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $930,000 General Obliga- tion Tax Increment Bonds of 1983, of the City. WITNESS My hand as Clerk and the corporate seal of the City this day of 1983. City Clerk City of Brooklyn Center, Minnesota - (SEAL) STATE OF MINNESOTA DIRECTOR OF PROPERTY TAXATION'S CERTIFICATE AS TO COUNTY OF HENNEPIN REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned Director of Property Taxation of Hennepin County, Minnesota, hereby certify that a certified copy of a resolu- tion adopted by the governing body of the City of Brooklyn Center, Minnesota, on Monday, October 17, 1983, providing for the issuance of the City's General Obligation Tax Increment Bonds of 1983, in the total principal amount of $930,000, has been filed in my office, and I- further certify that said Bonds have been registered on the register of obligations in my office. WITNESS My hand and official seal this day of 1983. Director of Property Taxation Hennepin County, Minnesota (SEAL) SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS Net Interest Net Interest Syndicate Head Dollar Cost Rate Position Norw�SF sti°� !l0'� 7' %PS �'`Ib' Z.SD 8 . 3�,�d r Je 4 wee e G �I $ ��Z . DO � • �7� 00 3 Total Number of Bids: Awarded To: a SW Osborn Building, Saint Paul, Minnesota 55102 (612) 222 -4241 MEMORANDUM TO: Gerald G. Splinter, City Manager James Lindsay, Chief of Police FROM Barbara Pietrzak, Administrative Aid DATE: October 14, 1983 SUBJECT: Summary of Proposed Changes in the Liquor Ordinance There have been numerous changes in the State Statutes in 1983 which affect our Liquor Ordinance. Because of this, it was decided to totally update the Ordinance. Many of the proposed changes are housekeeping in nature, while others are not. This is an outline of these proposed changes. Many of the housekeeping changes were done throughout the Ordinance; these I have listed first. First, anywhere "Liquor Control Commissioner" is stated was replaced by "Commissioner of Public Safety" as this was a change within the structure of the State offices. There were several sections throughout the Ordinance which listed the possible penalties for misdemeanor offenses. We have tried to remove these and put it in the ordinance just once at the very end. Anywhere the word "minor appears was replaced by the wording "a person under 19 _years of age" or something similar. The State has now deleted all requirements prohibiting the sale of beer, wine or intoxicating liquor on election days. These were deleted throughout the Ordinance. A couple of years ago, the handling of liquor applications was transferred to the Police Department since they are responsible for the investigation. Previously, it had been handled out of the City Clerk's office Everywhere in the ordinance where forms are to be submitted to the City Clerk was changed to the Chief of Police. Nonintoxicating Liquor The first change in this section is the addition of a fee for investigation. Previously an investigation was required, but no fee was charged for this. This is an addition to 11 -103, subdivision 2. Memo to Splinter & Lindsay Page 2 October 14, 1983 Next is 11 -106, subdivision 4, which states that a license cannot be issued to an alien. This has been clarified to read anyone whose background is unreasonable to checks which is the logic behind disallowing an alien. Section 11 -111 regarding the restrictions on purchase and consumption was rewritten in the wording of the State Statute. Section 11 -116, which was a repeal of a prior ordinance was taken out completely. Municipal Liquor Stores This section was previously titled "Off -Sale Liquor Dispensary ". Everywhere through this section that Off -Sale Liquor Dispensary or just Dispensary appear was changed to read Municipal Liquor Store or Liquor Store. In Section 11 -204, Hours of Operation, there were several changes. Friday is now added to Saturday as days they are allowed to stay open until 10:00 p.m. In the list of holi- days they are required to be closed, Memorial Day is taken out as it was from State Statute. Section 11 -205, the Operation of the Liquor Store was totally rewritten. Mainly the language was cleared up to make it more understandable and sections stating they could not have such devices as pool tables or gambling devices present were stricken as that would be illegal in any event. Subdivision D in this section now sets up procedures for banning a person from the liquor stores. Previously this was done administratively and had no controls set for it. Section 11 -206 previously was to state that this Liquor Store section had no effect on the licensing and regulating - of 3.2 beer. This was thought unnecessary and was stricken. Section 11 -207 is a wording change. "All police officers and constables of the municipality" was changed to read "the police department of the municipality Sections 11 -301, 11 -302, and 11 -304 were stricken as they deal with minors and penalties which are already covered elsewhere in this ordinance. Memo to Splinter & Lindsay Page 3 October 14, 1983 Section 11 -303 Liquor on School Grounds, was rewritten to refer to the proper State Statute and the phrase "spiritous or malt liquor" was rewritten to "beer, wine, or intoxicating liquors ". The next section which had previously been titled "Consump- tion and Display of Intoxicating Liquor" was retitled, "Set Up License in order to clarify as this is what it is referred as in State Statute. In Section 11 -402, the fee was changed to be submitted to the City Manager rather than the City Treasurer. Section 11 -403 now provides for a one -day set up license for nonprofit organizations with the City as issuing authority. This was not provided for in the old ordinance, but these licenses were available from the State In 11-404, a line was added which requires any licensed premise which requires a membership word or item for entrance to provide such to the Police Department in order for them to be able to inspect the premises without the licensee's prior knowledge or consent. Section 11 -406, Hours of Operation for clubs was a new addi- tion taken completely from State Statute wording. This was previously covered under hours of operation for all liquor establishments, but the New State Statute has some different requirements for clubs which required us to separate them out. Intoxicating Liquor Anywhere throughout this section where the phrase "principal' part of the business appeared, the phrase "significant part of the business" was subsituted. In Section 11 -501, subdivision 11, the definition of a club, the number of years an organization has to be in existance in order to qualify for a license was 15 years for a civic, fraternal, social or business club and 10 years for a- chartered veterans' organization. This was changed by the State to a 3 year requirement for all. In Section 11 -502, subdivision 1, the listing of the kinds of licenses available was changed to list the four classes of intoxicating liquor licenses. Memo to Splinter & Lindsay Page 4 October 14, 1983 Subdivision 2 of 11 -502 was rewritten to define these four classes of intoxicating liquor licenses. It also provides which class a new licensee falls under and sets a required food sales percentage for wine license holders. Section I1 -503 states the number of licenses the City is allowed to issue. Previously the reader was referred to a State Statute. Since the Statute referred to was outdated, and in order to make the Ordinance easily understood, we have substituted the number allowed us, which is 18. In 11 -504, subdivision 14, the last line which stated that if plans were on file with the Building Department they need not be filed with the City Clerk has been deleted. Subdivision 15 was amended to read "such other information as the Chief of Police shall require, in order that informa- tion can be 'obtained during the investigation which is not set down in this ordinance if necessary. 11 -507, License Fees, was amended with regard to On -Sale Club licenses. Previously State Statute allowed us to charge a $100 fee for a club license. They have changed to allow the fee according to the number of members in the group. A copy of the excerpt from the appropriate State Statute is attached to this memo. (Attachment 1) Subdivision 2 the date for deadline for renewal license payments was changed from December 20 to December 15 in order to allow enough time to get licenses on final, council agenda for passing at the last meeting of the year. Subdivision 4 was rewritten to be more understandable. Its intent was to allow the license fee to start on the date of occupancy in the event it had prior approval by the Council. This is for the purpose of prorating the fee. Subdivision 7 was amended to bring the investigation fees for liquor licenses up to what is allowable by State Statute. It now allows for actual costs up to $10,000 out of state and $500 in state. In subdivision 8, the fee charged for updating -a license, which was previously a straight $50, was changed to also allow for actual costs. Memo to Splinter & Lindsay Page 5 October 14, 1983 Section 11 -508 under Investigations of Applications, the last line was changed to "The City Council may authorize such additional investigation as it shall deem necessary. In Section 11 -509, subdivision 3, the alien clause was again amended to same as in the nonintoxicating section. Section 11 -511, subdivision 13; a definition of business records was added so that we have a set standard for the comparison of different establishments when auditing the food /liquor splits. A new subdivision, 19, was added which again requires any establishment which has a word or item required for admittance to leave such with the Police Department for their admittance for inspection purposes In 11 -512, the Hours of Operation, a restriction of sales after 8 :00 p.m. on December 24 was added as it was to the State Statute. Section 11 -515, Liability Insurance, was rewritten in accordance with the changes in State Statute. I have attached a copy of the excerpt from the State Statute which pertains to this. (Attachment 2) Attachment 1 Excerpt from Minnesota Statutes, Section 340.11, subdivision 11; as amended in 1983 legislature. The license fee for an "on- sale license issued by a municipality pursuant to this subdivision shall be in an amount determined by the governing body thereof subject to the following limitations up to $300 for _a veterans' organization or fraternal club with a membership of 200 or Tess; up to $500 for a veterans organization or fraternal club with a membership of between 201 and 500; up to $650 for a veterans organization or fraternal club with a membership of between 501 and 1,000; up to $800 for a veterans organization or fraternal club with a membership of between 1,001 and 2,000; up to $1,000 for a veterans organization or fraternal club with a membership between 2,001 and 4,000; up to $2,000 for a veterans organization or fraternal club with a membership of between 4,001 and 6,000; and up to $3,000 for a veterans organization or fraternal club with a membership of more than 6,000 Attachment 2 Minnesota Statutes 1982, section 340.11, subdivision 21, is amended to read: Subd.21. Liability Y insurance. Ever person licensed to sell at retail intoxicating liquor or non - intoxicating malt liquor at on- sale or off -sale shall, after August 1, 1983, demonstrate proof of financial responsibility with regard to liability imposed by section 340.95, to the authority issuing the license as a' condition of the issuance or renewal of his license, provided this subdivision does not apply to licensees who by affidavit establish that they are on -sale non - intoxicating malt liquor licensees with sales of less than $10,000 of non- intoxicating malt liquor for the preceding year, or off -sale non - intoxicating malt liquor licensees with sales of less than $20,000 of non-intoxicating malt liquor for the preceding year, or holders of on -sale wine licenses under subdivision 20, with sales of less than $10,000 of wine for the preceding year.- The issuing authority must submit to the commissioner the proof of financial responsibility or exemption affidavit submitted b the license applicant. Y Proof of financial.. res ons iblit P Y may be given by filing: (a) A certificate that there is in effect for the period covered by the license an insurance policy or pool providing the following minimum coverages; (1) $50,000 because of bodily injury to an one person Y 7 Y Y P in any one occurrence, and, subject to the limit for one person, in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000 because of injury to or destruction of _property of others in any one occurrence. (2) $50,000 for loss of means of 'support of any one person in any one occurrence, and, subject to the limit for one person, $100,000 for loss og means of support of two or ,more persons in any one occurrence; or -2- (b) A bond of a surety company with minimum coverages as provided in clause (a), or (c) A certificate of the state treasurer that the licensee has deposited with $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. This subdivision does not prohibit a local governing unit from requiring higher insurance or bond coverages, or a`larger deposit of cash or securities than is required hereunder, as a condition of issuance or renewal of a retail intoxicating liquor or non- intoxicating malt liquor on -sale or off -sale license. LIQUOR ORDINANCES CHAPTER 14 Section NONINTOXICATING LIQUORS Definition of Terms. . . . . . . . . . . . . . . . . 11 -101 License Required . . . . . . . . . . . . 11 -102 Applications for License . . . . . . . . . . . . . 11 -103 License Fees . . . . . . . . . . 11 -104 Granting of License. . . . . 11 -105 Persons Ineligible for License . . . . . . . . 11 -106 Places Ineligible for License. .. . . . . . . . 11 -107 Conditions of License. . . . . . . . . . 11 -108 Closing Hours . . . . . . . . . . . . . . . . . . 1 -109 Clubs. . . . . . . . 11 -110 Restrictions on Purchase and Consumption . . . . . . . 11 -111 Revocation . . . . . .. 11 -112 Separability . . . . . . . . . . . . . . . . . . 11 -113 Supremacy Clause . . . . . . . . . 11 -114 OFF-SALE LIQUOR STORE Liquor Store Established . . . . . . . . . 11 -201 Location and Operation . . . . . . . . 11 -202 Fund Created. . . . . . . . . o 11 -203 Hours of Operation . . . . . . . . .. 11 -204 Operation of the Municipal Liquor Store . . . .. . 11 -205 Enforcement. . . . . . ... 11 -206 PURCHASE, POSSESSION AND CONSUMPTION OF BEER. AND LIQUOR BY MINORS Liquor on School Grounds .. . -11 -301 SET UP LICENSE Permit Required. . . . .. . . . ... . . . ... _. 11 -,401 i Fee Imposed . . . . . . . . . . . . . .... . . . ` 11=402 Premises Open for Inspection . . . • 11-403 Exclusion. . . . . . . . . 11-404 INTOXICATING LIQUOR Definition of Terms. . . . . . . . . . . 11 -501 License Required . . . . . . .. . . . . 11 -502 Number of Licenses Issued . . . . . . . .11 -503 Applications for License . . . . . . . . . . 11 -504 Renewal Applications . . . . . . . . . . . . 11 -505 Execution of Application . . . . . . . . .. . 11 -506 License Fees . . . . . . . . . . . . . . . . 11 -507 Investigation of Applications. . . . . . . . . . 11 -508 Persons Ineligible for License . . . . . . . . . . . . . 11 -509 Places Ineligible for License. . . . . . . -. . . . . 11 -510 Conditions of License. . . . . . . . . . . . . 11-511 Hours of Operation . . . . . . . . . . 11 -512 Clubs. . . . . . . . . . . . . . . 11 -513 Restrictions of Purchase and Consumption . . . . . 11 -514 Liability Insurance. . . . . . . . . . . ._11 -515 Revocation . . . . . . . . . . . . . . . . . . . 11 -516 Sunday Sales Authorized. . . . . . . . .. 11 -550 License Required . . . .... . . . . . . . . . . . . . . 11 -551 License Fees . . . . . . . . . . . . . . 11 -552 Penalties. . . . . . . . . . . . . .. . 11 --600 t CHAPTER 11 - LIQUOR ORDINANCES NONINTOXICATING LIQUORS Section 11 -101. DEFINITION OF TERMS. Subdivision 1. As used in this ordinance, the term "person" includes a natural person of either sex, a partnership, a corporation or association of persons, and the agent or manager or employee of any of the aforesaid. The singular number includes the plural, and the masculine pronoun includes the feminine and neuter. Subdivision 2. "Beer" or "nonintoxicating malt liquor means any malt beverage with an alcoholic content of more than one -half of one per cent by volume and not more than three and two- tenths percent by weight. Subdivision 3. "Intoxicating liquor" means any distilled, fermented or vinous beverage containing more than three and two - tenths per cent of alcohol by weight. Subdivision 4. "Original package" means the bottle or sealed 'container in which the liquor is placed by the manufacturer.' Subdivision 5. "Bona fide club" means a club organized for social or business purposes or for intellectual improvement, or for the promotion of sports, where the serving of beer is incidental to and not the major purpose of the club. Subdivision 6. "Restaurant" means a place of which the major business is preparing and serving lunches or meals to the public to be consumed on the premises. _l- 4 . Section 11 -102. LICENSE REQUIRED. I, Subdivision 1. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the City without first having received a license as hereinafter provided. This section shall not prohibit the giving or serving thereof to guests in a private home, or in a private gathering. Licenses shall be of three kinds: (1) Retail "on-sale"; (2) Retail "off- sale "; (3) Retail "temporary on- sale ". Subdivision 2. "On -sale" licenses may be granted only to bona fide clubs, bowling establishments, restaurants and hotels where food is prepared and ;served for consumption on the premises. "On- sale" licenses shall permit the sale of beer for consumption on the premises only. Subdivision 3. "Off- sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. Subdivision 4. "Temporary on- sale" licenses may be granted to clubs, charitable, religious, or nonprofit organizations only. "Temporary on- sale" licenses shall be subject to any special terms and conditions as the City Council may prescribe. Section 11 -103. APPLICATIONS "FOR LICENSE. Subdivision 1. Every application for a license to sell beer shall be made on a form supplied by the City. It shall be unlawful to make any false statement in an application. Applications shall be filed with the Chief of Police. -2- Subdivision 2., Every application shall be referred to the Chief of Police for a review as to whether the applicant meets the requirements of the ordinance as to moral character and past offenses, if any. An investigation fee of $100 shall' accompany each application provided, however, that such portion of the actual costs of investigation which exceed $100 but not to exceed $500, shall be paid by the applicant. The Chief of Police shall estimate the actual costs of investigation after preliminary review, notify the applicant of the actual cost estimate, and take no further action on the application until the actual cost estimate is paid. Any portion of the actual cost estimate which exceeded $100 but which remains unused after completion of the investigation shall be returned to the applicant. Subdivision 3. Every "on -sale" application shall be referred to the Director of Planning and Inspection for a review as to whether the proposed licensed premises meets the requirements of the Zoning Ordinance and Building Code. Section 11 -104• LICENSE FEES. Subdivision 1. Each application for -a license shall be accompanied by a receipt from the Chief of Police for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the City shall refund the amount paid. Subdivision 2. "0n- sale" and "off -sale" licenses shall expire on the last day of December in each year. Each such license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license maybe issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. -3- r Subdivision 3. The annual fee for an "on- sale" license, and "off sale "" license and the dai ly fee for a "temporary on- sale" license shall be as set forth in Section 23 -010 of the City Ordinances. Subdivision 4• No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event. The Council may in its judgment refund a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases. not less than one month before expiration of the license because of; 1. destruction or damage of the licensed premises by fire or other catastrophe. 2. the licensee's illness. 3. the licensee's death. 4. a change in the legal status of the municipality making it unlawful for a licensed business to continue. Section 11 -105. GRANTING OF hICENSE. r: Subdivision 1. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the City Council shall grant or refuse the application in its discretion. Subdivision 2. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council. -4- T Section 11 -106. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to any person: 1. Under 19 years of age. 2. Who has, within the past five years, been convicted of a felony, or of violating the National Prohibition Act or any law of this state or local ordinance relating to the manufacture, transportation or sale of nonintoxicating or of intoxicating liquors. 3. Who is a manufacturer of beer or who is 'interested in the control of any place where beer is manufactured. 4. Who is an alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. 5. Who is not of good moral character. 6. Who is or during the period of this license becomes the holder of a,Federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place. 7. Who is not the proprietor of the establishment for which the license is issued. Section 11 -107: PLACES INMIG FOR LICENSE. Subidivision 1. No license shall be granted. for sale on any premises where a licensee has been convicted of the violation of this ordinance, or of the state -S- r z beer or liquor law, or where any license hereunder, has been - revoked for cause until one year has elapsed after such conviction or revocation. Subdivision 2. _ No "on- sale" license shall be granted for a bona fide club which has not been in operation and eligible to receive a license for at least ,six months immediately preceding the application for a license. Section 11 -108. CONDITIONS OF LICENSE. Subdivison 1. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of other applicable ordinances of the City or State law. Subdivision 2.. All licensed premises shall have the license posted in a conspicuous place at all times. Subdivision 3. No beer shall be sold or served to any intoxicated person or to any person under 19 years of age Subdivision 4. No person under 19 years of age shall be permitted to sell or serve beer in any "on -sale" establishment. Subdivision 5. No gambling or any gambling device shall be permitted on any licensed premises. Subdivision 6. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to -6- r � the provisions of M.S.A. 340.02. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. Subdivision 7. No licensee shall sell beer while holding or exhibiting in the licensed premises a Federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors. Subdivision 8. No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance. Subdivision q. Any peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may in the absence of a license to sell intoxicating liquor, seize all intoxicating liquors found on the licensed premises. Subdivision 10. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of , any employee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this ordinance equally with the employee. -7- r a' Section 11 -109. CLOSING HOURS. Subdivision 1. No sale of beer shall be made on any Sunday between the I hours of 1 :00 a.m and 12:00 noon. No sale shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any other day. Subdivision 2. It shall be unlawful to consume or permit the consumption of beer in any "on- sale" establishment on any Sunday between the hours of 1:00 a.m. and 12 :00 noon. It shall be unlawful to consume or permit the consumption of beer in any "on- sale" establishment between the hours of 1:00 a.m and 8:00 a.m. on any other day. Section 11 -110. CLUBS. No club possessing an "on-- sale" license shall sell beer to anyone other than members and guests in the company of members. Section 11 -111. RESTRICTIONS ON PURCHASE AND CONSUMPTION. It is unlawful for any: Subdivision 1. Licensee or his employee to permit any person under the age of 19 years to consume nonintoxicating malt liquor on the licensed premises except as provided in Subd. 5. Subdivision 2. Person other than the parent or legal guardian to procure nonintoxicating malt liquor for any person under the age of 19 years. Subdivision 3. Person to induce a person under the age of 19 years to purchase or procure nonintoxicating malt liquor. -8- Subdivision 4. Person under the age of 19 years to misrepresent his age for the purpose of obtaining nonintoxicating malt liquor. Subdivision 5. Person under the age of 19 years to consume any nonintoxicating malt liquor unless in the company of his parent or guardian. Subdivision 6. Person under the age of 19 years to possess any nonintoxicating malt liquor, with intent to consume it at a place other than the household of his parent or guardian, except in the company of his parent or guardian. Subdivision 7. No person shall consume or display any intoxicating liquor' on the premises of a licensee who is not also licensed to sell intoxicating liquors. Section 11 -112. REVOCATION. The violation of provision or condition of this ordinance by a; beer licensee or his agent shall be grounds for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. In all other cases a license granted under this ordinance may be revoked or suspended by the Council after written notice to the licensee and a public hearing. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension. Section 11 -113. SEPARABILITY. Every section, provision or part of this ordinance is declared separable from every other section, provision or part and if wY section, provision or part of any ordinance shall be held invalid, it shall not affect any other section, provision or part thereof. -9- r � Section 11 -114. SUPPRIACY CLAUSE. The supremacy clause found in Section 23 -013 shall not apply to Sections 11 -101 through 11 -116. MUNICIPAL LIQUOR STORE Section 11 -201 LIQUOR STORE ESTABLISHED. A municipal liquor store is hereby established to be operated within this municipality for the sale of liquor potable as a beverage containing more than 3.2% of alcohol by weight in the sealed or closed receptacle or retainer for removal from the premises. No person shall sell, barter, or otherwise dispose of intoxicating liquor, nor shall a sale be made by anyone outside of said municipal liquor store or not employed in and by said municipal_ liquor store. It shall be unlawful for any person or persons to mix or prepare liquor for consumption in any public place or place of business or to consume liquor in such places. No liquor shall be sold or consumed on a public highway or in an automobile. Section l l -202. _ LOCATION AND OPERATION. The said municipal liquor store shall be at such place as the Council shall determine by motion and may be either leased or owned by the municipality. It shall be in charge of a person blown as the Operator, who shall also be selected by the City Council and who shall be paid such compensation as the Council shall determine. Said operator shall have full charge of the operation of such municipal liquor store, and shall have authority to purchase supplies as are necessary and employ such additional help as he may need at a rate of compensation to be approved by the Council and under rules to be determined by the Council. All employees including operator shall hold their positions at the pleasure of the City Manager. No minor person shall be employed in the municipal liquor store. -10- Section 11 -203. 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 municipality, but such amounts shall be reimbursed to the said general fund out of the first moneys coming into the municipal liquor store fund needed for carrying on the said business. Any surplus accumulating in this fund may be transferred to the general fund by resolution of the Council and expended for any municipal purpose. Section 11 -204 HOURS OF OPERATION. The municipal liquor store shall at all times observe the following restrictions on the hours of operation: No sale of intoxicating liquor shall be made on Sunday. No off -sale shall be made before 8:00 a.m. or after 8:00 p.m. of any day except Friday and Saturday, on which days off- sales may be made until 10:00 p.m. No off -sale shall be made on New Year's Day, January 1; Independence Day, July 4; Thanksgiving Day; Christmas Day, December 25; but on the evenings preceding such days, off - sales may be made until 10:00 p.m., except that no off -sale shall be made on December 24 after 8 :00 p.m. All sales shall be made in full view of the public. OPERATION OF THE MUNICIPAL LIQUOR STORE Section 11 -205. OPERATION OF THE MUNICIPAL LIQUOR STORE. Subdivision 1. No business other than the sale of liquors, beer, beverages and related incidental products shall be carried on by the municipal liquor store or by any person employed therein during the time so employed. -11- `r Subdivision 2. No liquor shall be sold to a person who is in an intoxicated condition. Subdivision 3. No liquor shall be sold to a person under the age of 19 years. Subdivision 4. No person shall enter or remain in the municipal liquor store except for the purpose of purchasing or selling liquor, beer, beverages or related incidental products. Any person entering or remaining therein for any other purpose may be banned by the City Manager. Any person violating such ban may be punished as provided herein. Section 11 -207• ENFORCEMENT.' It shall be the duty of the police department of the municipality to enforce the provisions of this ordinance and to search premises and seize evidence of law violation and preserve the same as evidence against any person alleged to be violating this ordinance, and to prepare the necessary processes and papers therefor. PURCHASE, POSSESSION, AND CONSUMPTION OF BEER AND LIQUOR BY MNORS Section 11 -301 LIQUOR ON SCHOOL GROUNDS. Unless possessing a "temporary on- sale" license pursuant to'M.S. 340.02 (2) , no person shall introduce upon, or have in his possession upon, or in, any school grounds, or any school house or school building, any beer, wine, or intoxicating liquors, except for experiments in laboratories. -12- SET UP LICENSE Section 11 -401. PERMIT REQUIRED. It shall be unlawful for any private club or public place, directly or indirectly or upon any pretense or by any device to allow the consumption or display of intoxicating liquor, or the serving of any liquid for the purpose of mixing with intoxicating liquor without first securing a permit from the Commissioner of Public Safety and paying the fee as provided in this ordinance. Section 11 -402. ANNUAL LICENSE. Every private club or public place desiring to allow the consumption or display of intoxicating liquor shall on or before July 1 of each year pay to the City Manager a fee of $300 and shall be issued a written receipt therefor. If a portion of the year has elapsed when payment is made, a pro rata fee shall be paid; but no'such pro rata fee shall be accepted from any private club or public place which has violated Section 11-401 of this ordinance. In computing such fee, any unexpired fraction of a month shall be counted as one month. The written receipt shall be posted in some conspicuous place upon the premises alongside the permit issued by the Commissioner of Public Safety and shall be kept posted at all times Section 11 -403. ONE DAY LICENSE. Any nonprofit organization desiring to allow the consumption or display of intoxicating -liquor or the serving and sale of liquids to mix with intoxicating liquor at a sponsored social activity occurring within Brooklyn Center shall pay a fee of $25 to the City Manager, and obtain a license for a specified period not to exceed 24 hours. The license shall not be valid unless approved by the Commissioner of Public Safety. No more than 10 such licenses shall be issued during any one calendar year. -13- Section11 -404• PREMISES OPEN FOR INSPECTION. Any private club or public place allowing the consumption or display of intoxicating liquor shall be open at all reasonable hours for inspection by the Commissioner of Public Safety, his designated agents, and duly authorized peace officers of the City.- Refusal to permit such inspections shall be a violation of this ordinance. Every licensed premise which requires a passcard, password, passkey or other indicia of membership as a condition of entrance thereto, shall provide the Chief of Police with such indicia of membership to be used only for the purposes set forth in this Section 11- 404. Section n 1 0 1 EXCLUSION 0 4 S 1 05 0 1 01 - does not a to . apply P �Y P remises licensed for the sale of intoxicating liquor. Section .11 -406. HOURS OF OPERATION. No person shall consume or display, or allow consumption or display of intoxicating liquor on any premises of a bottle club or a business establishment between the hours of 1:00 a.m. and 8:00 a.m.; or between the hours of 1:00 a.m. and 3 :00 p.m. on Memorial Day; or between the hours. of 1:00 a.m. and 8:00 p.m. on arty primary, special, or general election day held in the district in which the bottle club or business establishment is located. LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR UOR Section 11 -501. DEFINITION OP TERMS. I. The term "intoxicating liquor" shall mean and include ethyl alcohol and include distilled, fermented, spiritous,,vinous, and malt beverages containing in excess of 3.2% of alcohol by weight. -14- i 2. The terms "sale" and "sell" mean and include all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law. - 3. The term "off -sale" means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold. -4. The term "on -sale liquor" means the sale of intoxicating liquor by the glass, or by the drink for consumption on the premises only. 5. The term "wholesale" mean and includes any sale for purposes of resale. The term "wholesaler" means any person engaged in the business of selling intoxicating liquor to retail dealers. 6. The term "manufacturer" includes every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, bleu . i or different materials, re d the combination n'of differe ma �� y o o prepares or produces intoxicating liquors for sale. 7. As used in this ordinance the term "person" includes a natural person of either sex, partnership, corporation and association of persons and the agent or manager of any of the aforesaid. The singular number includes the plural and the masculine pronoun includes the feminine and neuter. 8. The terms "package" or "original package" mean any corked or sealed container or receptacle holding intoxicating liquor. -15- 9. The term "hotel" means and includes any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service,' and which maintains under the same management and control as the rest of the establishment 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 consideration of payment therefor, served with meals at tables. 10. The term "restaurant" means any establishment other than hotel under t r vi appropriate he control of a single proprietor or. manage having pp riate p facilities to serve meals and for seating not less than 150 guests at one time, and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and a significant part of the business of which is the serving of foods. �, For purposes of an n wine license seating must be available for o -sale I c purpo ng not less than 75 guests at one time with all other sections of definition applicable as stated. -16- 'i 11 The term "club" means and includes any corporation duly organized under the laws of the State for civic, fraternal, social or business purpose or for intellectual improvement or for the promotion of sports which has been in existence for more than three years, and any congressionally chartered veterans' - organization which has been in existence for at least three years immediately preceding application for license, which shall have more than fifty members, and which shall, for more than a year, have owned, hired, or leased abuilding or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. 12. The term "wine" means a vinous beverage containing not more than 14 percent alcohol by volume. 13o The term "on —sale wine" means the sale of wine for consumption on the premises only. -1?- Section 11 -502. LICENSE REQUIRED. 1. No person except wholesalers or manufacturers to the extent authorized under State license, and except the municipal liquor store, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this ordinance. Licenses shall be of six kinds: "On -Sale Liquor Class A "On -Sale Liquor Class B►►, "On -Sale Liquor Class C", On -Sale Liquor Class D'►, "On -Sale Club ", and "On -Sale Wine ". 2. "On -Sale Liquor" licenses shall be issued only to restaurants which are conducted in such a manner that a significant part of the revenue for a license year is the sale of foods, and to hotels conducted in such a manner that, of that part of the total revenue derived from the serving of foods and intoxicating liquors, a significant' part thereof for the license year is derived from the serving of foods. The term "significant part" as used in the subparagraph means the following: a. for Class A licenses, 80% or more of the applicable revenue derived from the serving of foods; i b. for Class B licenses, 509 through 79% of the applicable revenue derived from the serving of foods; c. for class C licenses, 45% through 49% of the applicable revenue derived from the serving of foods; d. for Class D licenses t hro u gh 44 of the � 409d � 9� a pplicable revenue derived from the serving of foods. -18- 3. All licensees who have not established the ratio between revenue derived from foods and revenue derived from other sources at the proposed licensed premise shall apply for a Class B license. 4 "On -Sale Club" licenses shall be issued only to clubs. 5. "On -Sale Wine" licenses shall be granted only to restaurants which are conducted in such a manner that a significant part of the revenue for a license year is the sale of foods, and only the sale of wine not exceeding 14 percent alcohol by volume for consumption on the licensed premises, in conjunction with the sale of food shall be permitted. a. for wine licenses the term "si p art" means 50,E or more of � the applicable revenue derived from the serving of food. Section 11 -503. NUMBER OF LICENSES ISSUED. The number of private "on sale liquor" licenses issued by the City of Brooklyn Center shall be limited to 18. The number of "on -sale wine" licenses shall be unlimited. Section 11-50 Every application APPLICATIONS FOR LICENSE. / Eve lication for a license to sell intoxicating liquor shall be verified and filed with the Chief of Police. In addition to the information which may be required by the State Commissioner of Public Safety's form, the application shall contain the following: 1. Whether the applicant is a natural person, corporation, partnership or other form of organization. -19- r 2. Type of license applicant seeks. 3. If the applicant is a natural person, the following information: a. True name, place and date of birth, and street resident address of applicant b. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name, or names, and information concerning dates and places where used. c. The name of the business if it is to be conducted under a designation, name r o st le other than the full individual gna y name o f the applicant; in such case a copy of the certification, as required by Chapter 333, Minnesota Statutes, certified by the Clerk of the District Court, shall, be attached to the application. d. Whether applicant is married or single. If married, true name, place and date of birth and street residence address of applicant's present spouse. e. Whether applicant and present spouse are registered voters and if so, where f. Street address at which applicant and present spouse have lived during the preceding ten years. -20- ,r g. Find, name and location of every business or occupation applicant or resent spouse have been engaged in during the preceding ten p po ng�g � years. h. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. i. Whether applicant or his spouse, or a parent, brother, sister or child of either of them, has ever been convicted of any felony, crime or violation of any ordinance, other than traffic . If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. j. Whether applicant or his spouse, or a parent, brother, sister or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time. k. Whether applicant has ever been in military service. If so, applicant shall, upon request, exhibit all discharges. 1. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law, or who is a brother- in-law or sister -in -law of the applicant or his spouse. p , -21- a r 4. If the applicant is a partnership, the names and address of all partners and all information concerning each partner as is required of a single applicant in Subsection 3 above. A managing partner, or partners, � shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application and if the partnership is required to file a certificate as to a trade name under the provisions of Chapter 333, Minnesota Statutes, a copy of such certificate certified by the Clerk of District Court shall be attached to the application. 'r 5. If the applicant is a corporation or other organization and is applying for an "on -sale liquor" or an "on -sale wine" license the following: 'a. Name, and if incorporated, the state of incorporation. b. A true copy of Certificate of Incorporation, Articles of Incorporation or Association Agreement and Bylaws and if a foreign corporation, a Certificate of Authority as described in Chapter 303, Minnesota Statutes. I , c. The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Subsection 3 above. d. Notwithstanding the definition of interest as given in Section 11 -509 Subdivision 10, the application shall contain a list of all persons, who, singly or together with their spouse, or a parent, brother, sister or child or either of them, own or control an -22- interest in said corporation or assoc ati in excess of 5% or who are officers of said corporation or association,, together with their addresses and all information as is required of a single applicant in Subsection 3 above. • 6. If the application is for an "on -sale club" license, the following information: a. The name of the club. b. Date that club was first incorporated. True copies of the Articles of Incorporation, Bylaws and the names and street addresses of all officers, executive committee and board of directors shall be submitted. c. A sworn statement that the club has been in existence for more than fifteen years or, in the event that the applicant is a congressionally chartered veterans' organization, in existence for more than ten years prior to January 1, 1961. The statement shall be made by a person who has personal knowledge of the facts stated therein. In the event that no person can make such a statement, satisfactory documentary proof may be submitted in support of such facts. d. The number of members. e. ' The name of the manager, proprietor or other person who shall be in charge of the licensed premises together with the same information concerning such person as is required of a single applicant for an "on- sale" license as is set forth in Subsection 3 above. -23- 7. The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions and location of buildings. 8. An applicant for an "on -sale liquor" or an "on -sale wine" license shall submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. If a permit from the Federal government is required by the Laws of the United States, indicate whether or not such permit has been issued, and if so, required in what name issued and the nature of the permit. 10. The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc., and proof of the source of such money. 11 . The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade; the nature of such interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to any lessees, lessors, mortgagees, mortgagors, lendors, lien holders, trustees, trustors, and persons who have cosigned notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant, but shall not include persons owning or controlling less than a 5% interest in the business, if a corporation. -24- 12. The names,. residences and business addresses of three persons, r residents of the. State of Minnesota, of ..good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character or, in the case where information is required of a manager, the manager's character. 13. Whether or not all real estate and personal property taxes for the premises to be licensed which are due and payable have been paid, and if not paid, the years and amounts which are unpaid. 14• Whenever the application for an "on -sale liquor" or an "on -sale wine" license or for a transfer thereof is for premises either planned or 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. 15. Such other information as the Chief of Police shall require. Section 11 -505. RENEWAL APPLICATIONS. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the City Council may, if the other provisions of this ordinance are <complied with, grant the application. -25- T At the earliest practicable time after application is made for a renewal of an "on -sale liquor" or an "on -sale wine" license, and in any event prior to the time that the application is considered by the City Council, the applicant shall file with the Chief of Police a statement prepared by a certified public accountant that shown the total gross sales and the total food sales of the restaurant for the twelve month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate of Authority. Section 11 -506. 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; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is apartnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners Section 11 -507• LICENSE FEES. 1 The annual license fee for "on -sale liquor" or an "on� -sale wine" license shall be in an amount as set forth in Section 23 -010 of the City Ordinances. The annual license 'fee for an "on -sale club" license shall be the maximum amount permitted by Minnesota Statutes 340.11 (11)• 2. The initial license fee shall be paid in full before the application for a license is accepted. Renewal license applications shall be filed by November 1 preceding each license year. Renewal license fees shall be paid in full by December 15 pr each license year. All fees -26- t , shall be paid into the general fund of the City. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant. 3. The fee for an "on -sale liquor," "on -sale club" or an "on -sale wine" license granted after the commencement of the license year shall be prorated on a daily basis. 4. When the license is for a premise where the building is not ready for occupancy, the commencement date for computation of the license fee for the initial license period shall be the date on which a certificate of occupancy is issued. 5. No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application except as provided by Subdivision g of this Section. 6. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event. The Council may in its judgment refund a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: -27- a. destruction, or damage of the licensed premises by fire or other catastrophe. b. the licensee's illness. _ c. the licensee's death. d. a change in the legal status of the municipality making it unlawful for a licensed business to continue 7. At the time of each original application for a license, except in the case of an "on -sale club" license, the applicant shall pay in full an investigation fee equal to the actual cost of investigation, not to exceed $10,000 if the investigation is conducted outside Minnesota, and not to exceed $500 if the investigation is conducted within Minnesota. The applicant shall pay such portion of the fee as the Chief of Police deems adequate to cover the proposed investigation, provided that the Chief may require additional advances not to exceed the limitation set out herein. Any portion of the fee for an investigation outside Minnesota which exceeds actual expenses shall be returned to the applicant, provided that the minimum fee for investigations within Minnesota shall be $100. 8. At any time that an additional investigation is required because of a license renewal, a change in the ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee as set forth in Subd. 7 of this section. The investigation fee shall accompany the application. -28- 9. Where a new application is filed as a result of incorporation by an existing licensee and the ownership, control and interest in the license are unchanged, no additional license fee will be required. Section 11 -508. INVESTIGATION OF APPLICATIONS. 1 . All applications for a license shall be referred to the Chief of Police, and to such other City departments as the City Manager shall deem necessary for verification and investigation of the facts set forth in the application.. The Chief of Police shall cause to be made such investigation of the information requested in Section 11 -504, I � Subdivision 3, as shall be necessary and shall make a written recommendation and report to the City Council. The City Council may e necessary. authorize such additional investigation ation as it shall deem Section 11 -509. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by any of the following persons. The characteristics of any owners, officers, managers, employees or others who require investigation under Section 11 -504 hereof shall be attributed to the licensee: 1. Under 19 years of age. 2. Who is not of good moral character. 3. Who, if an individual, is an alien, or upon whom it is impractical to conduct 'a background and financial investigation due to the unavailability of information. -29 4. Who has been convicted of any willful violation of any law of the United States, the State of T':innesota, or any other state or territory, or of any local ordinance regarding the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor, drugs or prohibited substance, or whose liquor license has been revoked for any willful violation of any law or ordinance. 5. Who is a manufacturer or wholesaler of intoxicating liquor and no manufacturer or wholesaler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor. 6. Who is directly or indirectly interested in any other establishment in the City of Brooklyn Center to which an "on -sale liquor" or an "on -sale wine" license has been issued under this ordinance. 7. Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. 8. Who is the spouse of a person ineligible for a license pursuant to the provisions of Subd. 4, 5, or 6 of this section or who, in the judgment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license 9. An "on -sale liquor" or an "on -sale wine" 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, -30- in the case of a partnership, the managing partner is not a resident of the Twin Cities metropolitan area at the time of the renewal; or in the case of a corporation, if the manager is not a resident of the Twin � � manag Cities metropolitan area at the time of the date of renewal. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. 10. No person shall own an interest in more than one establishment or business within Brooklyn Center for which an "on -sale liquor" or an "on -sale wine" license has been granted. The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of 10 percent or less in any corporation holding a license. A person who received monies from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license In determining "bona fide" the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. -31- Section 11 -510. PLACES INELIGIBLE FOR LICENSE. 1. No license shall be granted, or renewed, or operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278 f the Minnesota Statutes questioning the amount or validity o taxes, q g Y Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. 2. No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.39• 3. No "on -sale liquor" license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 1 E300 square feet or for hotel that does not have a dining area, open to the general public, with a total minimum floor area of 1200 square feet. 4. No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit -32- Section 11 -511 CONDITIONS OF hICH1SE. 1- Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. 2. The license shall be posted in a conspicuous place in the licensed establishment at all times. 3. Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. 4• Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. 5. No "on -sale liquor" or "on -sale wine" licenses shall sell intoxicating liquor "off-sale". 6. No license shall be effective beyond. the space named in the license for which it was granted. 7. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by State law. -33- 8. No person under 19 years of age shall be employed in any rooms constitutin g the place in which "on -sale liquor" is sold at retail except that persons under 1 ears of e m be em ployed to p erform the P 9 may F P Y a€ duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which "on -sale liquor" is sold at retail. Serving of any "on -sale wine" must be done by persons 19 years of age or older. 9• No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by State law. 10. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original ck e. Possession on the remises b the licensee of package. F Y any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or. tampered with. 11. No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or Federal gambling stamp. -34 + I 2. No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. 13. 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 representative of the City at all reasonable times. Business, records for accounting functions required to demonstrate compliance with the provisions of this ordinance shall be prepared ared in accordance with standard accounting practices as determined by the City Manager or his designee. 14• Changes in the corporate or association officers, corporate charter, articles of incorporation, bylaws or partnership agreement, as the case be shall be submitted to the Chief of Police within 30 da �' � , after such changes are made. In the case of a corporation, the Licensee shall notify the Chief of Police when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds 5 %, and shall give all information about said person as is required of a person pursuant to the provisions of Section 11 -504, Subdivision 3, of this ordinance. 15. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has\made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended -35- 16. A licensed restaurant shall be conducted in such a manner that a significant part of the business for a license year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, a significant part of the business for a license year is the serving of foods. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein. 18. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. 19. Every licensed premise which requires a passcard, password, passkey or other indicia of membership as a condition of entrance thereto, shall provide the Chief of Police with such indicia of membership or be used only for the purposes set forth in this Section 11 -404. Section 11 -512. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premise after 1:00 a.m. on Sunday nor until 8:00 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. No "on- sale" shall be made after 8;00 p.m. on December 24. I i -36- Section 11 --513. CLUBS. No club holding an "on -sale club" license shall sell intoxicating liquor except to members and bona fide guests. Section 11 -514. RESTRICTIONS OF PURCHASE AND CONSUMPTION. 1. No person under 19 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor for the purpose of purchasing or having served or delivered to him for consuming any such intoxicating liquor, nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him any intoxicating liquor. 2. No person. under 19 years of age shall receive delivery of intoxicating liquor. 3. No person shall induce a person under the age of 19 years to purchase or procure or obtain intoxicating liquor. 4. Any person who may appear to the licensee, his employees or agents to be under the age of 19 years shall, upon demand of the licensee, his employee or agent, produce and permit to be examined a valid driver's license or identification card. 5. In every prosecution for a violation of the provisions of this ordinance relating to the sale or furnishing of intoxicating liquor to -37- persons under the age of 19 years, and in every proceeding before the City Council with respect thereto the fact that the minor involved has obtained and presented to the licensee, his employee or agent, a verified appears that said person was 1 ied identification from which it a PPe P 9 years of age and was regularly issued such identification card, sha11' be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that violation, if one has occurred, was not willful or intentional. 6. Any person who may appear to the licensee, his employee or agent to be under 1a years of age and who does not have in his possession any identification certificate as above described, may sign and execute a' statement in writing as follows: READ CAREFULLY BEFORE SIGNING The following are excerpts from the Laws of the State of Minnnesota, Section 340.731 Minnesota Statutes, Minors, Forbidden Acts or Statements: "It shall be unlawful for: Any person to misrepresent or misstate his or her age, or the age of any other person for the purpose of inducing any licensee, or any employee of any licensee, or any employee of any municipal liquor store, to sell, serve or deliver any alcoholic beverage to a minor; -38- A minor to have in his possession any intoxicating liquor with intent to consume same at a place other than the household of his parent or guardian." VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDMFANOR PUNISHABLE BY A FINE OF $700 OR 90 DAY IMPRISONP T OR BOTH. My age is Date of Birth Place of Birth My Address is Dated: Type of Identification Witness Signed The above form shall be furnished at the expense of all licensees desiring to use the same and when properly executed may be considered as evidence in any prosecution and by the City Council in any proceeding before the Council or a committee thereof relating to the busines or operations of the licensee. Such forms after execution shall be kept on file by the licensee for a period of one year. 7. No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden' by law. S. No intoxicating liquor shall be consumed on a public highway or in an automobile. -39- . a 3 Section 11 -515. LIABILITY IPISURAPICE. Subdivision l- Insurance Required. At the time of filing an application for any on -sale or off -sale intoxicating or nonintoxicating liquor license, the applicant shall file with the Chief of Police proof of financial responsibility for liability imposed by Minnesota Statutes Section 340.95, which shall be subject to the approval of the City Council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution by the City Attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the Chief of Police any of the following proofs: a. A certificate that there is in effect an insurance policy or pool providing the following minimum coverages 1. $50,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10, 000 because of injury to or destruction of property of others in any one occurrence. 2. $50,000 for loss of means of support of any one person in any one -40- ' occurrence, and subject to the limit for one person, $100,000 for loss of means of support of two or more persons in any one occurrence; or b. A bond of a surety company with minimum coverages as provided in clause (a), or c. A certificate of the state treasurer that the licensee has deposited with him $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100, 000. Subdivision 3. Exceptions to the Requirements of Proof of Financial Responsibility. The following persons are excepted from Subdivisions 1 and 2 of _ this Section unless such person holds an additional license not so excepted: a. Nonintoxicating malt liquor on -sale licensees with sales of nonintoxicating malt liquor of less than $10,000 per license year. b. On -sale wine licensees with wine sales of less than $10,000 of wine per license year. c. Nonintoxicating malt liquor off -sale licensees with sales of nonintoxicating malt liquor of less than $20,000 per license year. Section 11 -516. REVOCATION. The City Council may suspend or revoke any intoxicating liquor license for the violation of any provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating -41- t 1s 3 liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds for mandatory revocation, and shall revoke for failure to kee p q Y the insurance required b Section 11 -515 in full force and effect. Except in the case of a suspension pending a hearing on revocation, nonmandatory revocation or suspension by the 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 and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. Section 11 -550. SUNDAY SALES AUTHORIZED. Notwithstanding the provisions of Section 11 -512 of the City Ordinances, establishments to which "on- sale liquor" licenses have been issued, for the sale of intoxicating liquors may, upon obtaining a special license, serve intoxicating liquor between the hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food. Wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10:00 a.m. and 12:00 midnight in conjunction with the serving of food. Section 11 -551 LICENSE REQUIRED. No person shall directly or indirectly sell or serve intoxicating liquors as authorized in Section 11-550 without having first obtained a special license from the City Council, except under the authority of an "on -sale wine" license. Application for such a special Sunday -42- license shall be filed with the Chief of Police. ,� s Section 11 -552 LICEP��E FEhS. The annual. license fee for "on— p sale liquor" Sunday license shall be in an amount as set forth in Section 23-010 of the City Ordinances.. The annual license fee shall be paid in full before the application for a license is accepted. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before the approval of issuance by the City Council, the license fee shall be refunded to the applicant. The fee for a license granted after the commencement year shall be prorated on a monthly basis Section 11 -600. PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both, together with the cost of prosecution. f -43- LIQUOR ORDINANCES - CHAPTER 11 Section NONINTOXICATING LIQUORS Definition of Terms. . . . . . . . . . . 11 -101 License Required . . . . . . . . . . . . . 11 -102 Applications for License . . . . . .. . . 11 -103 License Fees . . . . . . . . . ... . . 11 -104 Granting of License . . . . . . . . . . . . . . . 11 -105 Persons Ineligible for License . .. . . . . . .. . 0 11 -106 Places Ineligible for License . . . . . . _. 11 -107 Conditions of License. . . . . . . . . . . 11 -108 Closing Hours. . . . . . . . . . . . 11 -109 Clubs. . .. . . 11 -110 Restrictions on Purchase and Consumption . . . . . . . . 11 -111 Revocation . . . . . . . . . . . . . . . 11 -112 Separability . . . . . . . . . . . . . . 11 -113 Supremacy Clause . . . . . . . . . . . . . . 11 -114 OFF -SALE LIQUOR STORE' Liquor Store Established . . . . . . . . . 11 -201 Location and Operation . . . . . . . . 11 -202 Fund Created. . . . . . . . . . . . . . 11 -203 Hours of Operation .. . . . _ . . . . . . . . . .:. . 11 -204 Operation of the Municipal Liquor Store . . . . .. . . . 11 -205 Enforcement. . . . . . . . . . . . . . . .' .. 11 -206 PURCHASE, POSSESSION AND CONSUMPTION OF BEER AND LIQUOR BY MINORS Liquor on School Grounds . . . . . 11 -301 SET UP LICENSE Permit Required . . . . . . . . . . . . .... . ... 11 -401 Fee Imposed. . . . . . . . 11-402 Premises Open for Inspection . . . . • 11-403 Exclusion. . . . . . . . . . . . 11 -404 INTOXICATING LIQUOR Definition of Terms. . .. . . . . . . 11 -501 License Required . . . . . . . . . . . . . . . 11 -502 Number of Licenses Issued . . . . . . . . . . . . .11 -503 Applications for License . . . . . 11 -504 Renewal Applications . . . . . . . . . . 11 -505 Execution of Application . . . . . . . . . . . • . . 11 -506 License Fees . . . . . . . . . . . . . . . ` . . . 11 -507 Investigation of Applications. . . . . . . _. .. . . 11 -508 Persons Ineligible for License . . . . . . . . 11 -509 Places Ineligible for License. . . . . . • . • . • • • 11 -510 Conditions of License. . . . . . . . 11 -511 Hours of Operation .. . . . . . . 11 -512 Clubs . . . . . . . . . . . . . . . . .. 11 -513 Restrictions of Purchase and Consumption . . . . • . . 11 -514 Liability Insurance. . . . . . . . . . . . . . . . . 11 -515 Revocation . . . . . . . . . . . 11 -516 Sunday Sales Authorized. . . . . . . . . . . . 11 -550 License Required . . . . . . . . . . . . . . . 11 -551 License Fees . . . . . . . . . . . . . . .. . . . 11 -552 Penalties. . . . . . . . . . . 11-600 CHAPTER 11 - LIQUOR ORDINANCES., NONINTOXICATING LIQUORS Section 11 -101. DEFINITION OF TERMS. Subdivision 1. As used in this ordinance, the term "person" includes a natural person of either sex, a partnership, a corporation or association of persons, and the agent or manager or employee of any of the aforesaid. The singular number includes the plural, and the masculine pronoun includes the feminine and neuter. Subdivision 2. "Beer" or "nonintoxicating malt liquor" means any malt beverage with an alcoholic content of more than one -half of one per cent by volume and not more than three and two- tenths percent by weight. Subdivision 3. "Intoxicating liquor" means any distilled, fermented or vinous beverage containing more than three and two - tenths per cent of alcohol by weight. Subdivision 4. "Original package" means the bottle or sealed container in which the liquor is placed by the manufacturer. Subdivision 5." !Bona fide club" means a club organized for social or business purposes or for intellectual improvement, or for the promotion of sports, where the serving of beer is incidental to and not the major purpose of the club. Subdivision 6. "Restaurant" means a place of which the major business is preparing and serving lunches or meals to the public to be consumed on the premises. -1- ti I Section 11 -102. LICFNSE REQUIRED. Subdivision 1. N of t 0 o person, except wholesalers and manufacturers o the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the City without first having received a license as hereinafter provided. This section shall not prohibit the giving or serving thereof to guests in a private home, or in a private gathering. Licenses shall be of three kinds: (1) Retail "on-sale"; (2) Retail "off-sale"; (3) Retail "temporary on-sale". I Subdivision 2. "0n -sale" licenses may be granted only to bona fide clubs, bowling establishments, P re restaurants and hotels where food is tired and served P for consumption on the premises. "On -sale" licenses shall permit the sale of beer for consumption on the premises only. Subdivision 3. "0ff -sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. Subdivision 4. "Temporary on -sale" licenses may be granted to clubs, hart " " charitable, able religious, ' 1 sous. or nonprofit organizations, ns. "Temporary on- -sale 9 9 O O g P g �y Po �' licenses shall be subject to special terms and conditions as the C Council 0 J �lY P ty may prescribe. Section 11 -103. APPLICATIONS FOR LICENSE. Subdivision 1. Every application for a license to sell beer shall be made on a form supplied by the City. It shall be unlawful to make any false statement in an application. Applications shall be filed with the Chief of Police. -2- Subdivision 2. Every application shall be referred to the Chief of Police for a review as to whether the applicant meets the requirements of the ordinance as to moral character and past offenses, if any. An investigation fee of $100 shall accompany each application provided, however, that such portion of the actual costs of investigation which exceed $100 but not to exceed $500, shall be paid by the applicant. The Chief of Police shall estimate the actual costs of investigation after preliminary review, notify the applicant of the actual cost estimate, and take no further action on the application until the actual cost estimate is paid. Any portion of the actual cost estimate which exceeded $100 but which remains unused after completion of the investigation shall be returned to the applicant. Subdivision 3. Every "on- sale" application shall be referred to the Director of Planning and Inspection for a review as to whether the proposed licensed premises meets the requirements of the Zoning Ordinance and Building Code. Section 11 -104. LICENSE PEES. Subdivision 1., Each application for a license shall be accompanied by a receipt from the Chief of Police for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the City shall refund the amount paid. Subdivision 2. "On- sale" and "off -sale" licenses shall expire on the last day of December in each year Each such license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license maybe issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. -3- Subdivision 3. The annual fee for an "on- sale" license, and "off sale" license and the daily Po fee for a "temporary on -sale" license shall be as set forth in Section 23 -010 of the City Ordinances. Subdivision 4 No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event. The Council may in its judgment refund a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: 1. destruction or damage of the licensed premises by fire or other catastrophe. 2. the licensee's illness. 3. the licensee's death. 4. a change in the legal status of the municipality making it unlawful for a licensed business to continue. Section 11 -105. GRANTING OF LICENSE. { Subdivision 1. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the City Council shall grant or refuse the application in its discretion. Subdivision 2. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council. -4 Section 11 -106. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to any person: 1. Under 19 years of age. 2. Who has, within the past five years, been convicted of a felony, or of violating the National Prohibition Act or any law of this state or local ordinance relating to the manufacture, transportation or sale of nonintoxicating or of intoxicating liquors. 3. Who is a manufacturer of beer or who is interested in the control of any place where beer is manufactured. 4. Who is an alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. 5. Who is not of good moral character. 6. Who is or during the period of this license becomes the holder of a Federal retail liquor dealer's; special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place. 7. Who is not the proprietor of the establishment for which the license is issued. Section 11 -107. PLACES DMIGIBLE FOR LICENSE. Subidivision 1 No license shall be anted for sale on remises where �' �Y' P a licensee has been convicted of the violation of this ordinance, or of the state -5- beer or liquor law, or where any license hereunder has been for cause until one year has elapsed after such conviction or revocation. Subdivision 2. No "on -sale" license shall be granted for a bona fide club which has not been in operation and eligible to receive a license for at least six months immediately preceding the application for a license. Section 11 -108. CONDITIONS OF LICENSE. Subdivison 1. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of other applicable ordinances of the City or State law. Subdivision 2. All licensed premises shall have the license posted in a conspicuous place at all times. Subdivision 3. No beer shall be sold or served to any intoxicated person or to any person under 19 years of age. _Subdivision 4. No person under 19 years of age shall be permitted to sell or serve beer in any "on -sale" establishment. Subdivision 5. No gambling or any gambling device shall be permitted on any licensed premises. Subdivision 6. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to -6- , 1 the provisions of M.S.A. 340.02. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manaufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. Subdivision 7. No licensee shall sell beer while holding or exhibiting in the licensed premises a Federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors. Subdivision 8. No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. _ The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance. Subdivision g. Any peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may in the absence of a license to sell intoxicating liquor, seize all intoxicating liquors found on the licensed premises. Subdivision 10. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order The act of arty employee on the licensed premises authorized to 'sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this ordinance equally with the employee. -7 Section 11 -109. CLOSING HOURS. Subdivision 1 No sale of beer shall be made on any Sunday between the hours of 1:00 a.m. and 12:00 noon. No sale shall be made between the hours of 1 :00 a.m. and 8:00 a.m. on any other day. Subdivision 2. It shall be unlawful to consume or permit the consumption of beer in any "on- sale" establishment on any Sunday between the hours of 1 :00 a.m. and 12:00 noon. It shall be unlawful to consume or permit the consumption of beer in any "on- -sale" establishment between the hours of 1 :00 a.m. and 8:00 a.m. on any other day. Section 11 -110. CLUBS. No club possessing an "on- sale" license shall sell beer to ,anyone other than members and guests in the company of members. Section 11 -111. RESTRICTIONS N.V PURCHASE AND CONSUMPTION. It is unlawful for any: Subdivision 1. Licensee or his employee to permit any person under the age of 19 years to consume nonintoxicating malt liquor on the licensed premises except as provided in Subd. 5. Subdivision 2. Person other than the parent or legal guardian to procure nonintoxicating malt liquor for any person under the age of 19 years. Subdivision 3. Person to induce a person under the age of 1.9 years to purchase or procure nonintoxicating malt liquor. -s- Subdivision 4. Person under the age of 19 years to misrepresent his age for i the purpose of obtaining nonintoxicating malt liquor. Subdivision 5. Person under the age of 19 years to consume any nonintoxicating malt liquor unless in the company of his parent or guardian. Subdivision b. Person under the age of 19 years to possess any nonintoxicating malt liquor, with intent to consume it at a place other than the household of his parent or guardian, except in the company of his parent or guardian. Subdivision 7. Pto person shall consume or display any intoxicating liquor' on the premises of a licensee who is not also licensed to sell intoxicating liquors: Section 11 -112. REVOCATION. The violation of provision or condition of this ordinance by a beer licensee or his agent shall be grounds for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. In all other cases a license granted under this ordinance may be revoked or suspended by the Council r after written notice to the licensee and a public hearing. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension. Section 11 -113. SEPARABILITY. Every section, provision or part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or part of any ordinance shall be held invalid, it shall not affect any other, section, provision or part thereof. -9- 1 3 Sectionll -114. SUPREMACY CLAUSE. The supremacy clause found in Section 23 -013 shall not apply to Sections 11 -101 through 11 -116. MUNICIPAL LIQUOR STORE Section 11 -201 LIQUOR STORE ESTABLISHED. ' A municipal liquor store is hereby established to be operated within this municipality for the sale of liquor potable as a beverage containing more than 3.2% of alcohol by weight in the sealed or closed receptacle or retainer for removal from the premises. No person shall sell, barter, or otherwise dispose of intoxicating liquor, nor shall a sale be made by anyone outside of said municipal liquor store or not employed in and by said municipal liquor store. It shall be unlawful for any person or persons to mix or prepare liquor for consumption in any public plaice or glace of business or to consume liquor in such places. No liquor shall be sold or consumed on a public highway or in an automobile. Section1l -202. LOCATION AND OPERATION. The said municipal liquor store shall be at such place as the Council shall determine by motion and may be either leased or owned by the municipality. It shall be in charge of a person known as the Operator, who shall also be selected by the City Council and who shall be paid such compensation as the Council shall determine. Said operator shall have full charge of the - operation 'of such municipal liquor store, and shall have authority to purchase supplies as are necessary and employ such additional help as he may need at a rate of compensation to be approved by the Council and under rules to be determined by the Council. All employees including operator shall hold their positions at the pleasure of the City Manager. No minor person shall be employed in the municipal liquor store. -10- r x Section 11 -203. 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 municipality, but such amounts shall be reimbursed to the said general fund out of the first moneys coming into the municipal liquor store fund needed for carrying on the said business. Any surplus accumulating in this fund may be transferred to the general fund by resolution of the Council and expended for any municipal purpose. Section 11 -204. HOURS OF OPERATION. The municipal liquor store shall at all times observe the following restrictions on the hours of operation: No sale of intoxicating liquor shall be made on Sunday. No off -sale shall be made before 8:00 a.m. or after 8:00 p.m. of any day except Friday and Saturday, on which days off sales may be made until 10 :00 p.m. No off -sale shall be made on New Year's Day, January 1 ; Independence Day, July 4; Thanksgiving Day; Christmas Day, December 25; - but on the evenings preceding such days, off - sales may be made until 10:00 p.m., except that no off -sale shall be made on December 24 after 8 :00 p.m. All sales shall be made in full view of the public. OPERATION OF THE MUNICIPAL LIQUOR STORE Section 11 -205. OPERATION OF THE MUNICIPAL LIQUOR STORE. Subdivision 1. No business other than the sale of liquors, beer, beverages and related incidental products shall be carried on by the municipal liquor store or by any person employed therein during the time so employed. -11- Subdivision 2. No liquor shall be sold to a person who is in an intoxicated condition. Subdivision 3. No liquor shall be sold to a person under the age of 19 years. Subdivision 4. No person shall enter or remain in the municipal liquor store except for the purpose of purchasing or selling liquor, beer, beverages or related incidental products. Any person entering or remaining therein for any other purpose may be banned by the City Manager. Any person violating such ban may be punished as provided herein. Section 11 -207• ENPORCEMENT.' It shall be the duty of the police department of the municipality to enforce the `provisions of this ordinance and to search remis p es and seize evidence of law violation and preserve the same as evidence against any person alleged to be violating this ordinance, and to prepare the necessary processes and papers therefor. PURCHASE, POSSESSION, AND CONSUMPTION OF BEER AND LIQUOR BY MINORS Section 11 -301. LIQUOR ON SCHOOL GROUNDS. Unless possessing a "temporary on- sale" license pursuant to M.S. 340.02 (2), no person shall introduce upon, or have in his possession upon, or in, any school grounds, or any school house or school building, any beer, wine, or intoxicating liquors, except for experiments in laboratories. -12- r SET UP LICENSE I Section 11 -401. PEI -ZIT REQUIRED. It shall be unlawful for any private club or public place, directly or indirectly or upon any pretense or by any device to allow the consumption or display of intoxicating liquor, or the serving of any liquid for the purpose of mixing with intoxicating liquor without first securing a permit from the Commissioner of Public Safety and paying the fee as provided in this ordinance. Section 11 -402. ANNUAL LICENSE. Every private club or public place desiring to allow the consumption or display of intoxicating liquor shall on or before July 1 of each year pay to the City Manager a fee of $300 and shall be issued a written receipt therefor. If a portion of the year has elapsed when payment is made, a pro rata fee shall be paid; but no'such pro rata fee shall be accepted from any private club or public place which has violated Section 11-401 of this ordinance In computing such fee, any unexpired fraction of a month shall be counted as one month. The written receipt shall be posted in some conspicuous place upon the premises alongside the permit issued by the Commissioner of Public Safety and shall be kept posted at all times. Section 11 -403 • OIJE DAY LICENSE. Any nonprofit organization desiring to allow the consumption or display of intoxicating liquor or the serving and sale of liquids to mix with intoxicating liquor at a sponsored social activity occurring within Brooklyn Center shall pay a fee of $25 to the City Manager, and obtain a license for a specified period not to exceed 24 hours.. The license shall not be valid unless approved by the Commissioner of Public Safety. No more than 10 such licenses shall be issued during any one calendar year. -I3- r Section 11 -404. PRRIISES OPEN FOR INSPECTION. Any private club or public place allowing the consumption or display of intoxicating liquor shall be open at all reasonable hours for inspection by the Commissioner of Public Safety, his designated agents, and duly authorized peace officers of the City. Refusal to permit such inspections shall be a violation of this ordinance. Every licensed premise which requires a passcard, password, passkey or other indicia of membership as a condition of entrance thereto, shall provide the Chief of Police with such ndicia of membership to be used only for the purposes set forth in this Section 11 ` 404 Section 11 -405. EXCLUSION. Section 11 -401 does not apply to any premises licensed for the sale of intoxicating liquor. Section 11 -406. HOURS OF OPERATION. No person shall consume or display, or allow consumption or display of intoxicating liquor on any premises of a bottle club or a business establishment between the hours of 1:00 a.m. and 8:00 a.m.; or between the hours of 1:00 a.m. and 3:00 p.m. on Memorial Day; or between the hours of 1:O0 a.m. and 8:0O p.m. on any primary, special, or general election day held in the district in which the bottle club or business establishment is located. LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR Section 11 -501. DEFINITION OF TERMS. 1. The term "intoxicating liquor" shall mean and include ethyl alcohol and include distilled, fermented, spiritous, vinous, and malt beverages containing in excess of 3.2% of alcohol by.weight -14- o 2. ` The terms "sale" and "self." mean and include all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation evasion of _law. 3. The term "off- sale" means the sale of 'intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold 4. The term "on -sale liquor" means the sale of intoxicating liquor by the glass, or by the drink for consumption on the premises only. 5. The term "wholesale" means and includes any sale for purposes of resale. The term "wholesaler" means any person engaged in the business of selling intoxicating liquor to retail dealers. 6. The term "manufacturer" includes every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquors for sale. 7. As used in this ordinance the term "person" includes a natural person of either sex, partnership, corporation and association of persons and the agent or manager of any of the aforesaid. The singular number includes the plural and the masculine pronoun includes the feminine and neuter. 8. The terms "package" or "original package" mean any corked or sealed container or receptacle holding intoxicating liquor. —15— t } 9. The term "hotel" means and includes any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment 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 consideration of payment therefor, served with meals at tables. 10. The term "restaurant" means any establishment other than hotel under the control of a single proprietor or manager, having appropriate facilities to serve meals and for seating not less than 150 guests at one time, and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and a significant part of the business of which is the serving of foods . For purposes of an "on -sale wine" license seating must be available for not less than 75 guests at one time with all other sections of definition applicable as stated. -I6- r 11. The term "club" means and includes any corporation duly or under the laws of the State for civic, fraternal, social or business purpose or for intellectual improvement or for the promotion of sports which' has been in existence for more than three years, and any congressionally chartered veterans' organization which has been in existence for at least three years immediately preceding application for license, which shall have more than fifty members, and which shall, for more than ayear, have owned, hired, or leased abuilding or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation byway of profit from the distribution or sale of beverages to the members of the club or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. 12 The term "wine" means a vinous beverage containing not more than 14 percent alcohol by volume. 13. The term "on -sale wine" means the sale of wine for consumption on the premises only. -17- Section 11 -502. LIC124SE REQUIRED. I. No person except wholesalers or manufacturers to the extent authorized under State license, and except the municipal liquor store, ; shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a -license to do so as provided in this ordinance. Licenses shall be of six kinds; "On -Sale Liquor Class A "On -Sale Liquor Class B 11 , " On --Sale Liquor Class C", On -Sale Liquor Class D►►, "On -Sale Club ", and "On -Sale Wine ". 2. "On -Sale Liquor" licenses shall be issued only to restaurants which are conducted in such a manner that a significant part of the revenue for a license year is the sale of foods, and to hotels conducted in such a manner that, of that part of the total revenue derived from the serving of foods and intoxicating liquors, a significant part thereof for the license year is derived from the serving of foods. The term "significant part" as used in the subparagraph means the followings a. for Class A licenses, 80% or more of the applicable revenue derived from the serving of foods; b. for Class B licenses, '50 through 79% of the applicable revenue' derived from the serving of foods; c. for Class C licenses, 45% through 49% of the applicable revenue derived from the serving of foods; d. for Class D licenses 40% thro ugh PP 44% of the applicable revenue derived from the serving of foods. -18- 3. All licensees who have not established the ratio between revenue derived from foods and revenue derived from other sources at the proposed licensed premise shall apply for a Class B license. 4. "On -Sale Club" licenses shall be issued only to clubs. 5. "On -Sale Wine" licenses shall be granted only to restaurants which are conducted in such a manner that a significant part of the revenue for a license year is the sale of foods, and only the sale of wine not exceeding 14 percent alcohol by volume for consumption on the licensed premises, in conjunction with the sale of food shall be permitted. a. for wine licenses the term "significant part" means 50% or more of the applicable revenue derived from the serving of food. Section 11-503. NUMBER OF LICENSES ISSUED. The number of private "on- sale liquor" licenses issued by the City of Brooklyn Center shall be limited to 18. The number of "on -sale wine" licenses shall be unlimited. f Section 11 -504. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the Chief of I Police. In addition to the information which may be required by the State Commissioner of Public Safety's form, the application shall contain the following: 1. Whether the applicant is a natural person, corporation, partnership or other form of organization. -19- r , 2. Type of license applicant seeks. 3. If the applicant is a natural person, the following information: a. True name, place and date of birth, and street resident address of applicant. b. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name, or names, and information o concerning dates and places where used. c. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Chapter 333, Minnesota. Statutes, certified by the Clerk of the District Court, shall be attached to the application. d. Whether applicant is married or single. If married, true name, place and date of birth and street residence address of applicant's present spouse. e. Whether applicant and re sent spouse are registered voters an if P Po g ed v d so, where. f. 'Street address at which applicant and present spouse have lived i during the preceding ten years. -20- f 4 g. Kind, name and location of every business or occupation applicant or resents use have been engaged in during the receding ten P Po �� � P years. h. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten 'years. i Whether applicant or his spouse, or a parent, brother, sister or child of either of them, has ever been convicted of any felony, crime or violation of any ordinance, other than traffic. If so the applicant shall furnish information as to the time, place and offense for which convictions were had. j. Whether applicant or his spouse, or a parent, brother, sister or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time. k. Whether applicant has ever been in military service. If so, applicant shall, upon request, exhibit all discharges. 1. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of the whole or f half blood, .computed by the rules of civil law, . or who is abrother- in-law or sister -in -law of the applicant or his spouse. -21- } 4. If the applicant is a partnership, the names and address of all partners n concerning each partner as is. required of a single and all informatio ng par` applicant in Subsection 3 above.. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application and if the partnership is required to °file a certificate as to a trade name under the provisions of Chapter 333, Minnesota Statutes, a copy of such certificate certified b the Clerk of District Court shall be attached to the application. 5. If the applicant is a corporation or other organization and is applying for an "on -sale liquor" or an "on -sale wine" license the following: a. Name, and if incorporated, the state of incorporation. b. A true copy of Certificate of Incorporation, Articles of Incorporation or Association Agreement and Bylaws and if a foreign corporation, a Certificate of Authority as described in Chapter 303, Minnesota Statutes. c. The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Subsection 3 above. d. Notwithstanding the definition of interest as given in Section 11 -509 Subdivision 10, the application shall contain a list of all �k persons, who, singly or together with their spouse, or a parent, brother, sister or child or either of them, own or control an -22 ` interest in said corporation or association in excess of 5% or who are officers of said corporation or association, together with their addresses and all information as is required of a single applicant in Subsection 3 above. 6. If the application is for an "on -sale club" license, the following information: a. The name of the club. b. Date that club was first incorporated. True copies of the Articles of Incorporation, Bylaws and the names and street addresses of all officers, executive committee and board of directors shall be submitted. c. A sworn statement that the club has been in existence for more than fifteen ears or, in the event that the applicant is a P y � P congressionally chartered veterans' organization, in existence for more than ten years prior to January 1, 1961. The statement shall be made by a person who has personal knowledge of the facts stated therein. In the event that no person can make such a statement, satisfactory documentary proof may be submitted in support of such facts: d. The number of members. e. The name of the manager, proprietor or other person who shall be in charge of the licensed premises together with the same information concerning such person as is required of a single applicant for an "on- sale" license as is set forth in Subsection 3 above. -23- r ` 7. The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions and location of buildings. 8. An applicant for an "on —sale liquor" or an "on —sale wine" license shall submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. g. If a permit from the Federal government is required by the Laws of the United States, indicate whether or not such permit has been issued, and if so, required in what name issued and the nature of the permit. 10. The amount of the investment that the applicant has in the business, building, premises, remises fixtures furniture, stock in trade, etc., and proof of the source of such money. 11. The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade; the nature of such interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to any lessees, lessors, mortgagees,' s trustees, trustors and mortgagors,lendors, lien holders, � persons who P have cosigned notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant, but shall not include persons owning or controlling less than a 5% interest in the business, if a corporation. -24- 12. The names, residences. and business addresses of three persons, residents of the 'S'tate of Finnesota, of good moral character, not related to the applicant or financially interested in the premises or business who may be referred to as to the applicant's character or, in the case where information is required of 'a manager, the manager's character. 13. Whether or not all real estate and personal property taxes for the premises to be licensed which are due and payable have been paid, and if not paid, the years and amounts which are unpaid. 14. - Whenever the application for an "on -sale liquor" or an "on -sale wine" license or for a transfer thereof is for premises either planned or 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. 15. Such other information as the Chief of Police shall require. Section 11 -505. RMEPWAL APPLICATIONS. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the City Council may, if the other provisions of this ordinance are complied with, grant the application. -25- At the earliest practicable time after application is made for a. renewal of an "on -sale liquor" or an "on -sale wine" license, and in any event prior to the time that the application is considered by the City Council, the applicant shall file with the Chief of Police a statement prepared by a certified public accountant that shows the total ,gross sales and the total food sales of the restaurant for the twelve _month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate of Authority. Section 11 -506. 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 if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners. EN SE 11 -507• LICENSE FEES. 1. The annual license fee for "on -sale liquor" or an "on -sale wine" license shall be in an amount as set forth in Section 23 -010 of the City Ordinances. The annual license fee for an "on -sale club" license shall be the maximum amount permitted by Minnesota Statutes 340.11 (11) 2. The initial license fee shall be paid in full before the application for alicense is accepted. Renewal license applications shall be filed by November 1 preceding each license year. Renewal license fees shall be paid in full by December 15 preceding each license year._ All fees -26- shall be paid into the general fund of the City. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant 3. The fee for an "on -sale liquor," "on —sale club" or an "on —sale wine" license granted after the commencement of the license year shall be prorated on a daily basis. 4. When the license is fora; premise where the building is not ready for occupancy, the commencement date for computation of the license fee for the initial license period shall be the date on which a certificate of occupancy is issued. 5. No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application except as provided by Subdivision 9 of this Section. 6. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event. The Council may in its judgment refund a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: -27- a. destruction or damage of the licensed premises by fire or other catastrophe. b. the licensee's illness. c. the licensee's death. d. a change in the legal status of the municipality making it unlawful fora licensed business to continue. 7. At the time of each original application for a license, except in the case of an "on -sale club" license, the applicant shall pay in full an investigation fee equal to the actual cost of investigation, not to exceed $10,000 if the investigation is conducted outside Minnesota, and not to exceed $500 if the investigation is conducted within Minnesota. The applicant shall pay such portion of the fee as the Chief of Police deems adequate to cover the proposed investigation, provided that the Chief may require additional advances not to exceed the limitation set out herein. Any portion of the fee for an investigation outside Minnesota which exceeds actual expenses shall be returned to the 'applicant, provided that the minimum fee for investigations within Minnesota shall be $100. 8. At any time that an additional investigation is ,required because of a license renewal, a change in the ownership or control of the licensee or „ because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee as set forth in Subd. 7 of this section. The investigation fee shall accompany the application. -28- 4 9. Where a new application is filed as a. result of incorporation by an existing licensee and the ownership, control and interest in the license are unchanged, no additional license fee will be required. Section 11 -508. INVESTIGATION OF APPLICATIONS. I. All applications for a license shall be referred to the Chief of Police, and to such other City departments as the City Manager shall deem necessary for verification and investigation of the facts set forth in the application. The Chief of Police shall cause to be made such investigation of the information requested in Section 11 -504, Subdivision 3, as shall be necessary and shall make a written recommendation and report to the City Council. The City Council may authorize such additional investigation as it shall deem necessary. Section 11- 509. PERSONS DELIGIBLE FOR LICENSE. No license shall be granted to or held by any of the following persons. The characteristics of any owners, officers, managers, employees or others who require investigation under Section 11 -504 hereof shall be attributed to the licensee: 1. Under 19 years of age. 2. Who is not of good moral character. 3. Who, if an individual, is an alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. --29- 4. Who has been convicted of any willful violation of any law of the United States, the State of Linnesota, or any other state or territory, or of any local ordinance regarding the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor, drugs or prohibited substance, or whose liquor license has been revoked for any willful violation of any law or ordinance. 5• Who is a manufacturer or wholesaler of intoxicating liquor and no manufacturer or wholesaler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor. 6. Who is directly or indirectly interested in any other establishment in the City of Brooklyn Center to which an "on —sale liquor" or an "on -sale wine" license has been issued under this ordinance. 7. Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. 8 Who is the spouse of a person ineligible for a license pursuant to the provisions of Subd. 4, 5, or 6 of this section or who, in the judgment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. 9. An "on —sale liquor" or an "on -sale wine "' 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, -30- in the case of a partnership, the managing partner is not a resident of the Twin Cities metropolitan area at the time of the 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 of renewal. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties, of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. 10. No person shall own an interest in more than one establishment or business within Brooklyn Center for which an "on- -sale liquor" or an "on -sale wine" license has been granted The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental- agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of 10 percent or less in any corporation holding a license. A person who received monies from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license . In determining "bona fide" the reasonable value of the goods or things received as consideration for any payment by the - licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. -31- Section 11 -510. PLACES INELIGIBLE FOR LICENSE. 1. No license shall be granted, or renewed, or operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278 Minnesota Statutes questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver maybe granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. 2. No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.39• 3. No "on -sale liquor" license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 1800 square feet or for a hotel that does not have a dining urea, open to the general public, with a total minimum floor area of 1200 square feet 4. No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. -32- Section 11 =511. CONDITIONS OF LICEVISE. 1 Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of :any other applicable ordinance of the City or State law. 2. The license shall be posted in a conspicuous place in the licensed establishment at all times. .3. Any police officer, building inspector, or any employee so- designated by the City Manager shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. $. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises 5. No "on —sale liquor" or "on —sale wine" licenses shall sell intoxicating liquor "off- sale" 6. No license shall be effective beyond the space named in the license for which it was granted. 7. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by State law. -33- 8. No person under 19 years of age shall be employed in any rooms constituting the place in which "on -sale liquor" is sold at retail except that persons under 1.9 years of age may be employed to perform the duties of a'busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which "on -sale liquor" is sold at retail. Serving of any "on -sale wine" must be done by persons 19 years of age or .older. 9. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by State law. 10. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, 'shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. 11. No licensee shall apply for or possess a Federal Wholesale Liquor, Dealer's special tax stamp or Federal gambling stamp. -34- I 12. No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. 13. 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 representative of the City at all reasonable times. Business records for accounting functions required to demonstrate compliance with the provisions of this ordinance shall be prepared in accordance with standard accounting practices as determined by the City Manager or his designee. 14. Changes in the corporate or association officers, corporate charter, articles of incorporation, bylaws or partnership agreement, as the case ma y be shall be submitted to the Chief of Police within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the Chief of Police when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds 5%, and shall give all information about said person as is required of a person pursuant to the provisions of Section 11 -504, Subdivision 3, of this ordinance. 15. At the time 'a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended. -35- 16. A licensed restaurant shall be conducted in such a manner that a significant t of the business for a license year is the serving of Pte' y � foods A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, a significant part of the business for a license year is the serving of foods. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein. 18. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes.' 1 Every licensed premise which requires a passcard, password, passkey or other indicia of membership as a condition of entrance thereto, shall provide the Chief of Police with such indicia of membership or be used only for the purposes set forth in this Section 11 -404• Section 11 -512. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premise after 1:00 a.m. on Sunday nor until 8:00 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. No "on -sale" shall be made after 8 :00 p.m. on December 24. -36- Section 11 -513. CLUBS. No club holding an "on —sale club" license shall sell intoxicating liquor except to members and bona fide guests. Section 11 -514. RESTRICTIONS OF PURCHASE AND CO TSDIGITION. 1. No person under 19 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor for the purpose of purchasing or having served or delivered to him for consuming any such intoxicating liquor, nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him any intoxicating liquor. 2. No person under 19 years of age shall receive delivery of intoxicating liquor. 3. No person shall induce a person under the age of 19 years to purchase or procure or obtain intoxicating, liquor. 4• Any person who may appear to the licensee, his employees or agents to be under the age of 19 years shall, upon demand of the licensee, his employee or agent, produce and permit to be examined a valid driver's license or identification card. 5. In every prosecution for a violation of the provisions of this ordinance relating to the sale or furnishing of intoxicating liquor to -37- persons under the age of 19 years, and in every proceeding before the City Council with respect thereto the fact that the minor involved has the licensee his employee btained . and presented to , or agent, a P Y verified identification from which it appears that said person was 19 years of age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee 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'. 6. ` Any person who may appear to the licensee, his employee or agent to be under 1 years of age and who does not have in his possession any identification certificate as above described, may sign and execute a statement in writing as follows: READ CART MY BEFORE SIGNING The following are excerpts from the Imwws of the State of Minnnesota, Section 340.731 Minnesota Statutes, Minors, Forbidden Acts or Statements: - "It shall be unlawful fort Any person to misrepresent or misstate his or her age, or the age of any other person for the purpose of inducing any licensee, or any employee of any licensee, or any employee of any municipal liquor store, to sell, serve or deliver any alcoholic beverage to a minor; -38- A minor to have in his possession any intoxicatin g liquor with intent to consume same at a place other than the household of his parent or guardian." VIOLATION OF THE ABOVE MTITNESOTA LAW IS A MISDRIFA1 OR PUNISHABLE BY A FINE OF $700 OR 90 DAY 111PRISOMMIT OR BOTH. 1 age is Date of Birth Place of Birth My Address is Dated: Type of Identification Witness Signed The above form shall be furnished at the expense of all licensees desiring to use the same and when properly executed may be considered as evidence in any prosecution and by the City Council in any proceeding before the Council or a committee thereof relating to the busines or operations of the licensee. Such forms after execution shall be kept on file by the licensee for a period of one year.` 7. No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. 8. No intoxicating liquor shall be consumed on a public highway or in an automobile. -39- Section 11 -515. LIAEILITY II`ISURA ICE. Subdivision 1. Insurance Required. At the time of filing an application for any on -sale or off -sale intoxicating or nonintoxicating liquor license, the applicant shall file with the Chief of Police proof of financial responsibility for liability imposed by Minnesota Statutes Section 340.95, which shall be subject to the approval of the City Council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution by the City Attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the Chief of Police any of the following proofs: a. A certificate that there is in effect an insurance policy or pool providing the following minimum coverages. 1. $50,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100, 000_ because of bodily injury to two or more persons in any one occurrence, and in the amount of $10, 000 because of injury to or destruction of property of others in any one occurrence. '2. $50,000 for loss of means of support of any one person in any one -4o- t r occurrence, and subject to the limit for one person, $100,000 for loss of means of support of two or more persons in any one occurrence; or b. A bond of a surety company with minimum coverages as provided in clause (a), or c. A certificate of the state treasurer that the licensee has deposited with him $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100, 000. Subdivision 3. Exceptions to the Requirements of Proof of Financial Responsibility. The following persons are excepted from Subdivisions 1 and 2 of this Section unless such person holds an additional license not so excepted: a. Nonintoxicating malt liquor on -sale licensees with sales of nonintoxicating malt liquor of less than $10,000 per license year. b. On -sale wine licensees with wine sales of less than $10,000 of wine per license year. c. Nonintoxicating malt liquor off -sale licensees with sales of nonintoxicating malt liquor of less than $20,000 per license year. Section 11 -516. REVOCATION. The City Council may suspend or revoke any intoxicating liquor license for the violation of any provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating -41- liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds for mandatory revocation, and shall revoke for failure to keep the insurance required by Section 11 -515 in full force and effect. Except in the case of a suspension pending a hearing on revocation, nonmandatory revocation or suspension by the 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 and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. Section 11 -550. SUNDAY SALES AUTHORIZED. Notwithstanding the provisions of Section 11 -512 of the City Ordinances, establishments to which "on sale liquor" licenses have been issued for the sale of intoxicating liquors may,' upon obtaining a special license, serve intoxicating liquor between the hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food. Wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10:00 a.m. and 12:00 midnight in conjunction with the serving of food. Section 11 -551. LICENSE REQUIRED. No person shall directly or indirectly sell or serve intoxicating liquors as authorized in Section 11 -550 without having first obtained a special license from the City Council, except under the authority of an "on -sale wine" license. Application for such a special Sunday -42- license shall be filed with the Chief of Police. Section 11 -552. LICEPISE FFFS. The annual license fee for a special on sale liquor" Sunday license shall be in an amount as set forth in Section 23-010 of the City Ordinances. The annual license fee shall be paid in full before the application for a license is accepted. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before the approval of issuance by the City Council, the license fee shall be refunded to the applicant. The fee for a license granted after the commencement year shall be prorated on a monthly basis. Section 11 -600. PENALTIES. Any person violating any provision of this ordinance shall be 'guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both, together with the cost of prosecution. -43- a ON-SALE II3TOXICATIW; LIQUOR SURVEY CITY FEE SPECI RI?QUIRL•MENT5 *Anoka $ 7,500 Selling of food must be principal part of business. Principal is defined as more than 40 of gross sales. Restaurant must have 150 seats Hotel over'100 rooms *Blaine 5,500 Primary purpose must be the sale of food - they are required to submit CPA statement, but no enforcement if split is not met. 100 `seats required *Bloomington 8,500 40% of gross must be food sales restaurant 1200 sq ft hotel 900 sq ft dining room Brooklyn Park 6,000 150 seats no other requirements Burnsville 5,000 Have seat requirements no other requirements Chanhassen 5,335 - 11,425 No requirements Coon Rapids 5,000 150 seats in restaurant no food /liquor percent required was considered, but decided against Crystal 5,500 No requirements *Eden Prairie 7,500 50/50 food /liquor split 150 seat restaurant 100 seat dining in hotel Excelsior 10,000 restaurant or hotel only Value, exclusive of land, of $200,000 50 seats required 40% food requirement was but not enacted *Fridley 6,000 9,000 40% of gross must be food sales .License fee based on square footage and if entertainment offered CITY FEE SPECIAL REQUIREMENTS Golden Valley $ 6,250 Minimum estimated value of $850,000 150 seats in restaurant All advertising, etc must place special emphasis on restaurant function. Major control of ownership must be citizen of G.V. Hopkins 6,500 No requirements Minnetonka 7,500 Food sales required, no certain percent 100 seats in restaurant *New Hope 5,000 Restaurant 200 seats Bowling alley 30 seats plus min number of lanes Food sales 40% of gross required but bowling alleys specifically exempted. Osseo 5,350 Must be on and off -sale No other requirements in ordinance *Plymouth 5,500 40% of gross must be food sales Min value, excl land, $907,000 *Richfield 9,000 Majority of revenue must come from food sales (is interpreted as 50/50) require CPA statement of gross and food sales have some run between 49 and 510 on food, have taken no enforcement on any of these *Roseville 7,000 100 seat minimum requirement 100 -174 seats, 50% food required over 174 seats 25% food; required (previously had 174 seat minimum and 50% food minimum) St Louis Park 5,400 - 7,800 No requirements License fee based on square footage and if entertainment . offered Spring Park 9,050 Only license on -sale in combination with off -sale no food sale requirements Building must be valued at least $525,000 CITY FEE SPECIAL REQUIR17MEN *Wayzata $ 7,500 50/50 food /liquor split required 100 seat requirement Woodbury 10,000 No requirements *Cities which have a food /liquor split requirement. All of these cities with the exception of Osseo have Sunday liquor licenses offered in conjunction with on -sale intoxicating licenses. The fee for Sunday liquor in all cities is $200 /year. State Statute requires sale of food with liquor on all Sunday sales • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 7th day of November, 1983, at 5 :00 p.m. at City Hall, 6301 Shingle Creep Parkway, to consider an amendment to the City Ordinances which would revise the license fees for liquor. ORDINANCE PLO. AN ORDINANCE AIMjDITiG CHAPTER 23 OF THE CITY ORDINANCES REOARDIEG LIQUOR MCCMTSE FIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CEVM DOES ORDAIN AS FOLLOWS; Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -010. LICENSE FEES. The fees for the various licenses shall be as hereinafter - staff - not withstanding other ordinance provisions regarding the specific fee. Fee, (annual, unless other- Type of License Required by Section License Expir es wise stated) On Sale Intoxicating Liquor [11 -507] [Dec. 31 [10,000.00] Class A 11 -507 Dec. 31 9,000.00 Class B 11 -507 Dee. 31 12,000-00 ba s C 11 -507 ec . 3 15,000-00 Class B 11- B}ec. 3T 1 3 ,MU-M On Sale Liquor (Club) [11 -502] [Dec. 311 :[100.00] 11- 507 Up to 200 Members Dec. 31 300.00 20 - 7T T ers re = 1 = , �el�mbers Tee. '3T 1,M - 2,000 TleL Dec. 71 M X001 - 4,000 fiem ers Bec.° 31 1,0 .00 4,001 _ 6,OCO Ni Tee • 3 2,QM.M Over T, Members Dec. 31 3,000.00 Sunday On Sale [11 --551] Intoxicating Liquor 11 -552 Dec. 31 200.00 [Liquor Display Permit] [11 -401] [Special] Set Up License 11 -402 June 30 300.00 Temporary Set Up License 11 -403 Special 25. On Sale Halt 11 -102, [300.00] Subd 1 Dec. 31 500.00 Temporary On Sale 11 -102, [10.00 /day) Malt Subd 1 Special 25/00/d ORDIIvAT?CE 110. Off Sale Valt 11 -102, [35.00) Subd 1 Dec. 31 50.00 On Sale Wine 11 -507 Dec. 31 2,000.00 Section 2. This ordinance shall become effective after adoption and upon thirty days (30) days following its legal publication. Adopted this day of 1983 o ed p y Mayor ATTEST Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) 12/10/82 1982 LIQUOR LICENSES FOOD /LIQUOR SPLIT FIGURES Establishment Period Covering Food % Liquor % Earle Brown Bowl 7/1/81 - 6/30/82 47 53 Green•Mi11 12/26/81 10/31/82 -70 30 Ground Round 10/3/81 10/1/82 58 43 Holiday.Inn 10/3/81 - 10/1/82 67 33 Lynbrook'Bowl 3/19/82 - 10/31/82 39 61 Meriwether's 9/28/81 - 10/3/82 75 25 Red Lobster Opening Date 11/23/82 T. Wright's Opening Date - 8/20/82 Yen.Ching 4/1/82 - 9/30/82 90 10 1� M & C No. 83 -9 October 14, 1983 , FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Changes in our Liquor License Ordinance and License Fees To the Honorable Mayor and City Council: Attached are various documents giving background information relating to either' changes in our liquor license ordinance or liquor license 'fees. Among these documents are information sent to us by the Chamber of Commerce relating to this subject, and copies of proposed ordinance changes and fee changes. During the redrafting of the new liquor licensing ordinance various discussions were held between the staff and the Chamber of Commerce . We also reviewed potential changes to the ordinance with the Council at one of your previous meetings. The proposed draft submitted this evening for your consideration as a first reading is a draft developed and recommended to you by the City staff. During the development of this proposed first reading the City staff kept in mind the original intent of the ordinance, which was to first achieve maximum tax base benefits to Brooklyn Center, increase job opportunities in the area and as a result provide added- revenues to the City and School Districts. It was also the intent of the original drafters of the ordinance to avoid development of "corner bars or saloons ". Your staff is convinced the proposed modifications in this draft submitted for your review will ` accomplish the same objectives as the original ordinance. " We believe the continued high quality of the liquor license establishments in Brooklyn Center will be maintained by this ordinance, and you will continue to avoid what has become to be known as the "corner bar" problem. We believe the provisions of this ordinance which relate to controlling the problems of liquor establishments and also maintaining the high quality development relate to three provisions within the ordinance. The first being the fact the ordinance requires the liquor licensee to have a minimum of 150 restaurant seats. Another section of the ordinance which we believe is important to accomplish the original goals of.this ordinance is the section which requires currently that there be at least 50% plus food sales in relation to liquor. The "third section of the ordinance, which we believe is a major contributor to the quality of the liquor establishments, is the license fee. We recommended no change in the 150 seat requirement for restaurants as we believe this is adequate to assure quality development. With relation to the ratio of food to liquor sales we are proposing a modification in the current ordinance standards. The proposed modification would allow a 60% liquor 40% food sales ratio. With regard to the third key element of the ordinance which is the license fee, we are recommending four classes of licenses relating to food /liquor sales ratios. If the license holder has food sales of or more, the license fee would be $9, 000; if food sales are 50% through 79%, the license fee will be $12,000; if food sales are 45% through 49%, the license fee would be $15,000; and if food sales are 40% through 44 %, the license fee would be $18,000. With the establishment of a. sliding fee scale we • are putting a premium on those establishments which have a food sales percentage of less than 50%. We are also reducing the license fee for those establishments who M & C No 83 -9 -2- October 14, 1983 have a food sales of 80% or more. Currently the license fee for all licenses is $10,000. We are proposing to increase that basic fee to $12,000 annually. With the sliding fee scale we are recognizing that the more liquor sold by a licensee compared to food, the more actual and potential problems and .cost are incurred by the City. Based on past history and our knowledge of food and liquor sales of some of the establishments during 1983, we would estimate that in 1984 one or possibly two restaurants might qualify in the 80% and above food sales bracket. We currently would estimate that one or two of our licensed establishments could fall into the brackets below the 50% mark. We have checked with representatives of the Ramada Inn, and they have two facilities in the metropolitan ' area similar to their proposed facility in Brooklyn Center. One has historically met the current ordinance requirements of more than 50% food and the other has historically fell short and has been in the area of 43% to 44% food sales. In the attached materials you will find a survey conducted by our police department relating to the various licensing requirements in the metropolitan area. We found that while many communities started out with a 50% plus minimum food requirement, a number of them have changed to a 60% liquor 40% food minimum requirement. There are a number of other changes in our first reading liquor license ordinance which have been dictated or allowed by recent changes in the State laws Because this ordinance' represents a redraft of an older, patchwork type ordinance, it may be easier for us to explain orally at the meeting what changes of this nature are proposed in this ordinance. Should any member of the Council have any further questions in relation to this proposed ordinance change, please do not hesitate to contact me. Respectfully submitted, Gerald G. Splinter City Manager encs. Brooklyn Center Chamber of Commerce 3300 COUNTY ROAD TEN - SUITE 108 - BROOKLYN CENTER, MN 55429.612/566 -8650 October 13, 1983 DEAR C0 3+*E4UR: The following resolution is based upon discussions with the Chamber Board of Directors, Chamber's Economic Development Committee and the community liquor license holders. A task force has also met with City Manager Jerry _Splinter and Police Chief Jim Lindsay on three different occasions. We understand that while we are not in agreement on specific details, that our recommendations and the staff's have some similarities. RESOLVED: That the Brooklyn Center Chamber of Commerce supports the following recommendations with regard to the city's liquor license ordinance: $750,000 minimum cost, including land for a food with liquor facility A facility shall have a 150 -seat minimum capacity with the variance for.hotels that is currently in the ordinance Liquor classes and license fees: Class Liquor Food o Fee A 65 35% $20,000 B 6 400 $15,000 5 45% $12,500 D 0� 50 $10,000 E % 60% $ 7,500 F % 70 % $ 5,000 We hope you will give very consideration to the liquor license es- tablishments in the city in passing a fair and just rd:in.ance, Dave Loheit Cary �e nes, Chm. President Economic Development Committee Licenses to be approved by the City Council on October 17, 1 983 FOOD ESTABLISH "1247 LICE1 �r idgeman's Brookdale Center idgeman's 6201 Brooklyn Blvd. Korean Fresbryterian Church 6830 Quail Ave. N. Pizza Palace 5001 Drew Ave. N. Wes' Standard 6044 Brooklyn Blvd. �1 Sanitarian (� MECHANICAL SYSTE i I S LICENSE Northland Mechanical -on ractors 7150 Madison Ave. W. uildii6 fficial NONPERIS VENDING MACHINE LICENSE Coca a Cola Bottling Midwest 1189 Eagan Ind. Rd Green Mill 5540 Brooklyn Blvd k3anitarian PRIVATE MU EL LICENSE Jesse Sandoval 5548 Logan Ave. N. M4 - M -X City Clerk tv RENTAL DWELLING LICENSE itial: Willow Lane Realty 7015 -7021 Brooklyn Blvd. Roger B. Reger 5001 Ewing Ave. N. Gerald L. Ratliff 5525 James Ave. N. Gary & Vikki Linder 5715 Knox Ave. N. Terry & Jeanne Carlson 4201 Lakeside Ave. N. #109 Jerome & Katherine Fisher 4700 -4704 Lakeview Ave. N. Robert C. Slind 5312 Morgan Ave. N. Jacques R. Loth 3000 Thurber Road Michael M. Schmidt 6813 Toldeo Ave. N. Julie & Sharon Haugen 4806 Twin Lake Ave. Larry Garman < 7027 West River Rd L. A. & Jean Beisner 2816 67th In. J. J. Barnett 2926 68th In. J. J. Barnett 2930 68th In. J. J. Barnett 2934 68th In. J. J. Barnett 2938 68th In. Renewal: Donald P. Foster 5100 Brooklyn Blvd. Real Five Investments 6501 Brooklyn Blvd. Wilfird & Lillian Hollenbeck 5406 Bryant Ave. N. RalhC. Johnson hn o 0 Bryant Ave. N. P 5 44 44 George Shimshock 5900 Colfax Ave. N. Paul Wilson & Brian Anderson 5100 Drew Ave. N. Dale C. Wegner 5 °35 Dupont Ave. N. Rafael Rocha 5324, 26 James Ave. N. RENTAL DWELLING LICENSE cont. Michael R. Eberle 4207 Lakeside Ave. N. #226 Aftilarry & Sally Petersen 7120 Logan Ave. N. Jeff Pf Patti Stewart 5547 Lyndale Ave. N. Roper N. Eye 5332 Alorgan Ave. N. Marilyn Dietrich & T. Schultz 6031 Toledo Ave. N. }` Joon K. Kim 3616 Violet Ave. N. i.rec or of Planning 3k and Inspection GET17ERAL APPROVAL: / ., f/ f✓ Gerald G. Spl. ; Cler 7