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HomeMy WebLinkAbout2017-03 12-21 APAFFIIBAVIIT OF PUBLI[CATIION STATE OF MINNESOTA )ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Brooklyn Ctr/Brooklyn Park with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEP1N and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 12/21/2017 and the last insertion being on 12/21/2017. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By:) fr\G Designated Agent Subscribed and sworn to or affirmed before me on 12/21/2017 by Darlene MacPherson. --'&27 Zd IuL( Notary Public Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 766035 CITY OFBROOKLYN CENTER NOTICE OF ORDINANCE ADOPTIONORDINANCE NO. 2017-03 AN ORDINANCEAMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES REGARDINGLIQUOR LICENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Section 11-103 is amended as follows: 1.Brew Pub, as used in this Chapter, means a Brewer who also holds one or more retail on-sale li- censes and who manufactures few- er than 3.500 barrels of malt liquor in a year, at any one licensed Prem- ises, the entire production of which is solely for consumption on tap on any licensed Premises owned by the Brewer, or for off-sale from those licensed premises as permit- ted in Minnesota Statutes, Section 340A.24, Subdivision 2. 2.Brewer, as used in this Chap- ter, means a person who manufac- tures malt liquor for sale. 3. Club, as used in this Chap- ter, means an incorporated orga- nization organized under the laws of Minnesota for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congres- sionally chartered veterans' organi- zation, which: (1) has more than 30 members: (2) has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommoda- tion of its members: and (3) is di- rected by a board of directors, ex- ecutive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employ- ee shall receive any profit from the distribution or sale of beverages to the members of the Club, or their guests, beyond a reasonable salary or wages fixed and voted on each year by the governing body. 44. Hotel, as used in this Chap- ter, means and includes any es- tablishment having a resident proprietor or manager where, in consideration of payment therefor, food and lodging are regularly fur- nished to transients, which main- tains 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 lob- by, desk, and office for the regis- tration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and whichmaintains under the same management -and-eonboli as-the rest of the esabliabment- and has, as fintegfal part there- el--a-dlnlng-reom with appfopdete- tallthes- for -selaing-noHess-than- 459 goests-at-one-tlme--wlnere-the- general-public are, in con3ideretien- of-payment therefor, 3efve&- with- meals-at--table.s. In the case of an en-sale-Gass [ license, the-Hetet shell -have and which has a dining room with appropriate facilities for seating not less than 30 guests at one time where guests are provided with food and beverages. 2. Liquor, as used in this Chap- ter, without modification by the words "intoxicating" or "3.2 per - cent malt," includes intoxicating liquor, 3.2 percent malt liquor, and malt liquor. 36. Premises, as used in this Chapter, shall mean the inside of the building or the leased apace inside a building as shown on the plan submitted to the City Man- ager's designee with the original license. Outside areas, such as patios or parking lots, shall not be included in the definition of "Prem- ises" unless specifically listed on the license or special permission is obtained in writing from the City for a limited period of time under cer- tain conditions. 41. Restaurant, as used in this Chapter, means an eating facility, other than a Hotel, under the con- trol of a single proprietor or man- ager, where meals are regularly prepared on the Premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus, and where the main food course is served and consumed while seat- ed at a single locationand that has at least 30% of its applicable revenue derived from the serving of food for consumption on the Prem- sea. It shall have a license from the State as required by Minneso- ta Statutes, Section 157.16, as it may be amended from time to time, which has been delegated to and is issued by Hennepin County, and shall meet the definition of either a "small establishment," "medium establishment," or "large estab- lishment" as defined in Minnesota Statutes, Section 157.16, Subdi- vision 3(d), as it may be amended from time to time. An establish- ment that serves prepackaged food that receives heat treatment and is served in the package or frozen piz- za that is heated and served, shall not be considered to be a "Restau- rant" for purposes of this Chapter unless it meets the definitions of "small establishment," "medium establishment," or "large establish- ment." Article II. Brooklyn Center City Code, Section 11-104 is amended as follows: Section 11-104. MUNICIPAL LI- QUOR STORE. Subdivision 1. Municipal Liquor Store. A municipal liquor store that was previously established is here- by continued to be operated within the city for the off-sale of intoxicat- ing liquor. Except as provided in Section 11-107 (1-1), no intoxicating liquor shall be sold or caused to be sold at off-sale within the city by any person or entity other than that at the municipal liquor store. Article Ill. Brooklyn Center City Code, Section 11-107 is amended as follows: Section 11-107, TYPES OF LI- QUOR LICENSES AND PERMITS. The following are the types of Li- quor licenses and permits that may be issued by the City pursuant to this Chapter: 1. On-Sale 3.2 Percent Malt Li- quor License7. The City may issue On-Sale 3.2 Percent Malt Liquor Licenses, which shall permit the consumption of 3.2 percent malt Ii- quor on the licensed Premises only. This license is subiect to Minnesota Statutes, Section 340A.403, and shall be issued only to a Restau- rant, eClub, bowling center or Hotel where food is prepared and served for consumption on the Premises or to the City of Brooklyn Center for City facilities and events. 2.Off-Sale 3.2 Percent Malt Li- quor License7. The City may issue Off-Sale 3.2 Percent Malt Liquor Licenses. This license is subiect to Minnesota Statutes, Section 340A.403, and allows which-shalt- p-em'rit the sale of 3.2 percent malt liquor in its original package for consumption off the licensed Premises only. 3.Temporary On-Sale 3.2 Per- cent Malt Liquor License 7 , The City may issue Temporary On-Sale 3.2 Percent Malt Liquor Licenses, but which-shalt-be-issued only to a club or charitable, religious, or nonprofit organization. Temporary On-Sale- 3 Percent Malt-Liquor -±ieens- es-shall--be This license is subject to Minnesota Statutes, Section 340A.403, and any special terms and conditions the City Council may prescribe. 4. On-Sale Intoxicating Liquor License, The City may issue On- Sale Intoxicating Liquor Licenses, which are subiect to Minnesota Statutes, Section 340A.404, to the following establishments: a.A Restaurant must have with a dining room that is open to the general public, with a total m mum-floor area of 1,800 square feet- and-seat seating for not less than 450 30 guests at onetime, in-order to obtain an On Sala Intoxicating- liquor-License. The following-are- the-classes of On Sale Intoxicating Liquor-licenses that may be issued- b.A Hotel with a dining room that is an integral part thereof, is under the same management and control as the Hotel, with ap- propriate facilities for seating not less than 30 guests at one time, and where the general public is, in consideration of payment therefor, served with meals at tables. c.A Club that has been in ex- istence for at least three years that sells Liquor only to members and bona fide guests. This license may be issued only with the approval of the Commissioner of Public Safety. d.A business establishment that is not otherwise eligible for an on- sale intoxicating liquor license and that, as part of its business, con- ducts culinary or cooking classes for which payment is made by each participant or advance reservation required. This license is subiect to Minnesota Statutes, Section 340A.4041. e. In accordance with Minnesota Laws 1000, Chapter 554, Section 20, the City may issue one on-sale intoxicating liquor license for the Earle Brown Heritage Center that authorizes the sale and serving of liquor to persons attending events at the center. This license is in ad- dition to the number of on-sale in- toxicating liquor licenses the City is authorized to issue. - liquor License, A Hotel or Flestau- rant that has 80% or more of its ap- plicable-revenue-derived from the serving of food for consumption-on- the rremises-is-aligible for a Class klicense-- b.On -Sale Class B Intoxicating Liquor License. A I lotel or l'lestau rant that has 5056 to 70% of its ap- plicable revenue derived from the serving of food for consumption on the-Premises is eligible for a Class B license. c.On Sale Class C Intoxicating Liquor License. A I lotel or Restau- rant that has 4056 to 4096 of its ap- pileable revenue derived from the serving of food for consumption an the Premises and derives a con- sidefable pert of its revenue from sources other than Liquor or food is-eligible for a Class C license- d. On Sale Class D Intoxicating Liccr,3c.Allcte,'o,-flesta rant that as a new Liquor license applicant that has not established- a-ratie--between food and Liquor . revenue for the Premises is eligi- ble for a Class D License. Twelve months of documentation of food and Liquorr-sales shall be presented- by the licensee to the City Man- ager's designee on or before the date of license renewal in order to determine the appropriate license class for the following year. If such documentation is not availeblej-the- Class D license shall be extended- for no more than one additional year Otherwise, a Class A, B, or license will be assignedby the City based-on-the established ratio be- 4.ween4eod and Liquor sales. a. On-Sale Class £ Intoxicating Liquor License. This license is available only to I loteI3 that serve food and Liquor in a dining room that is open to the general public- that has a total minimum floor area of 1,200 square feat and seating for 1-00-people; and that is conducted in such a manner that a significant part of the revenue for a license year is the sale of food for consump- tion on the Premises. Applicants for Class £ licenses must submit with their applications-menus of food and nonalcoholic beverages that will be served with the Liquor- dispensed. The City Council shall determine whether such-food-and- beverages are adequate to protect the public interests. Changes in menu may not be made without the prior approval of the City Manag- er's designee. Liquor may be dis- pensed for no more than two hours - a day and shall not be dispensed before 4 p.m. or after 6 p.m. The licensee shall not require the pay- ment of consideration for Liquor other than that which is paid as its regular charges for rooms. The- area designated as the dining room- shall-be-adequately separated-from- other common areas of the Hotel by physical barriers to control in- gress and egress and to ensure security and compliance with the provisions of this Chapter. Class F-licensees may serve-Liquor-on- Sunday subject to the provisions of this Chapter without having to obtain a separate Sunday On Sale- Intoxicating Liquor License. f. On Sale Class r Intoxicating Liquor License. This license is available only to the -Earle -Brown- I leritage Center. This license-al- lows the sale and dispensing of Liquor at the convention center and bed and breakfast facilities located at the Earle Brown I leritage Center, Fhis license applies to the sale-and dispensing of Liquor to patrons at- tending events at the Eerie Drown fletitage-eenter. This license shall not be valid for amateur athletic events held at the Earle-Brown-Her- itage Center. gf. Special Provision; Special Event Permit. The holder of an On- Sale Intoxicating Liquor License may be granted a Special Event Permit by either the City Council or by the City Manager's desig- nee for a temporary expansion of the licensed Premises for wedding receptions, parties, promotional activities, or other special events. A Special Event Permit may be is- sued by the City only for specified areas of the same lot, piece or par- cel of land on which the Premises lies, or a contiguous lot, piece or parcel of land. Application shall be made to the City Manager's desig- nee on a form provided by the City and all information requested by the City Manager's designee shall be submitted therewith. A Special Event Permit may be granted for a period of no more than 10 days, and permits may not be granted for a total of more than 40 days in any one license year. In acting on an application, consider- ation shall be given by the City to such factors as noise, nature of en- tertainment to be provided, poten- tial difficulties with law enforcement or security, proximity of residential or other sensitive land uses, effect on parking or other zoning or land use controls, and the nature of the event proposed. The Special Event Permit may specify conditions with which the licensee must comply, and the sale of Liquor pursuant to the permit shall be deemed a con- sent and agreement to the imposi- tion of such conditions. Violations of any such conditions or any other provisions of law are grounds for suspension or revocation of the Special Event Permit and of the licensee's Liquor license. 5. Sunday 9n-Sale Intoxicating Sales Liquor License. This Iiccnsc may be issued only to an estab- lishment that holds an On Sale Intoxicating—Liquor License and that serves Liquor only in conjunc tion with the service of food and to-holders of a brewer-taproom- license. This license may only be issued to establishments that hold an: a.On-Sale Intoxicating Liquor License and that serves Liquor only in coniunction with the service of fgLolb.On-Sale Brewer Taproom Li- c.On-Sale Brew Pub License and that serves Liquor only in con- unction with the service of food; d.Off-Sale Brew Pub License: e.Off-Sale Small Brewer Li- a. Off-Sale Microdistillery Li- cense, but only if the City's munic- ipal liquor stores are open on Sun- day, and then only during the same hours: or f.On-Sale Microdistillerv Cock- tail Room License. An establishment that obtains a Sunday Sales License for Sunday sales under one license is not re- quired to obtain a Sunday Sales Li - cense for any other license the es- tablishment holds that allows sales on Sundays for the same Premises. 6.Temporary On-Sale Intoxicat- ing Liquor License. This license may be issued only upon receiving the approval from the Commission- er of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or char- itable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month pe- riod. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale In- toxicating Liquor License issued by any municipality. 7.On Sale Club Liquor License. This-license may be issued-only- with-the approval of the Commis- sioner of Public Safety. This li- cense may be issued only to clubs that have been in existence for at least three years and that shall sell Liquor only to members and bone fide guests. 87. On-Sale Wine License. This license may be issued only with the approval of the Commissioner of Public Safety. This license may be issued only to a Restaurant that has a dining area that is open to the general public and has seating for not less than 75 25 guests at one time. The Restaurant's busi- ness must be conducted in such a manner that a significant part of the revenue for a license year is the sale of food. 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 per- miffed. A Restaurant with an On- Sale Wine License is not required to obtain a Sunday Sales License for on-sale of wine on Sundays. 9. Optional 2 A .M. Closing may be issued- only -to-sn-establish- ment that holds an On Sale Liquor license and has obtained an op- tional 2 A.M. Closing Permit from the Commissioner of Public Safety. 4-0. Consumption and Display ?srqIf. This permit may be issued to an applicant for an establish- ment that complies with the re- quirements of Minnesota Statutes, Section 340A.414, and has ob- tained a permit from the Commis- sioner of Public Safety. 11. Brewer and Brew rub Off- Sale Malt Liquor License. Th cense-may-be-issued only with the approval of the Commissioner of Public Safety for sale of 64-ounce containers of malt liquor produced- end—packaged on the licensed Premises in accordance with the requirements of Minnesota Stat- - utes, Section 340A.301, Subdivi- sion 7). 9.On-Sale Brew Pub License. This license may be issued to a Brew Pub that operates a Restau- rant in the place of manufacture of malt liquor. This license is subiect to Minnesota Statutes, Section 340A.24, and allows the City to issue an On-Sale lntoxicatinq Li- quor License or a 3.2 Percent Malt Liquor License for the Brew Pub. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City. 10.Off-Sale Brew Pub License. This license may be issued to a Brew Pub that holds an On-Sale Brew Pub License with the approv- al of the Commissioner of Public Safety. This license is subiect to Minnesota Statutes, Section 340A.24, and allows off-sale of malt liquor produced and packaged on the licensed Premises during the legal hours for off-sale at the City's liquor stores and the malt liquor sold off-sale must be removed from the Premises before closing time of such liquor stores. Growlers only may be sold off-sale on Sundays if a Sunday Sales License is ob- tained from the City. Packaging of malt liquor for off-sale must comply with Minnesota Statutes, Section 340A.285. 4j1 On-Sale Brewer Tap- room License, This license may be issued to the holder of a bBrewer's license under Minnesota Statutes, Section 340A.301, Subdivision 6(c), (i), or ). A brewer taproom license- This license is subiect to Minneso- ta Statutes, Section 340A.26. and authorizes on-sale of malt liquor produced by the brewer for con- sumption on the premises of or adjacent to one brewery location owned by the brewer. A brewer may only have one brewer tlap - room ILicense and may not have an ownership interest in a Brew Pub brewery licensed under Minneso- ta Statutes 340A.301, Subdivision - 6d A bBrewer tlaproom Ikicense may not be issued to a brewer if the brewer seeking the license, or any person having an economic interest in the bBrewer seeking the license or exercising control over the bBrewer seeking the license, is a bBrewer that brews more than 260,000 barrels of malt liquor annu- ally or a winery that produces more than 250,000 gallons of wine annu- ally. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City. 12.Off-Sale Microdistillery Li- cense. This license may be issued to a microdistillery for the off-sale of distilled spirits. This license is subiect to Minnesota Statutes, Section 340A.22, and allows the sale of one 375 milliliter bottle per customer per day of product man- ufactured on-site. Off-sale of dis- tilled spirits is limited to the hours of off-sale liquor as set forth in this Chapter. No brand may be sold at the microdistillery unless it is also available for distribution by whole- salers. At least 50 percent of the annual production of the distiller must be processed and distilled on premises. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City, 13.On-Sale Microdistillery Cocktail Room License. This li- cense may be issued to the hold- er of an Off-Sale Microdistillery license. This license is subiect to Minnesota Statutes, Section 340A.22, and allows on-sale of dis- tilled liquor produced by the distiller for consumption on the Premises of or adiacent to one distillery location owned by the distiller. At least 50 percent of the annual production of the distiller must be processed and distilled on premises. Sales on Sundays may only occur if a Sun- day Sales License is obtained from the City. 14. Off-Sale Small Brewer Li- cense. This license may be issued to a Brewer licensed under Minne- sota Statutes, Section 340A.301, Subdivision 6(c), (i), or (i). This license is subiect to Minnesota Statutes, Section 340A.28, and allows the off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the Commissioner of Public Safety. The City may not issue an Off-Sale Brewer License to a Brewer if the Brewer seeking the license, or any person having an economic interest in the Brewer seeking the license or exercising control over the Brewer seeking the license, is a Brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Packaging of malt liquor for off- sale must comply with Minnesota Statutes, Section 340A.285. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City. Article IV. Brooklyn Center City Code, Section 11-110, Subdivi- sions 1 and 4 are amended as fol- lows: Section 11-110. LICENSE AND PERMIT FEES; PRO RATA. Subdivision 1. License Fees. The fees for all Liquor licenses and permits shall be set by City Coun- cil resolution. The amount of the fees shall not exceed any limit es- tablished by Minnesota Statutes, Chapter 340A. The City Council shall not increase a fee unless no- tice of the proposed increase is mailed to all affected licensees at least 30 days before a public hear- ing held on the proposed increase as provided in Minnesota Statutes, Section 340A.408, Subdivision 3(a). Subdivision 4. Pro Rata Fees. The fee for all Liquor licenses, ex- cept temporary Liquor licenses, that are granted after the com- mencement of the license year shall be prorated for the remainder of the year. In computing such pro rata license fee, the fee shall be prorated on a monthly basis, fet an On SeIc or Off-Sale 3.2 Percent Malt dquor Ucense, and 8QQfthat the fee shall be prorated on a daily basis for an On-Sale Intox- icating Liquor License. When the Liquor license is for a property on which 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. Article V. Brooklyn Center City Code, Section 11-118 is amended as follows: 4. No on-sale Liquor establish- ment shall sell intoxicating liquor off-sale unless the establishment is authorized under this Chapter to sell off-sale and obtains the re- quired license: Article VI. Brooklyn Center City Code, Section 11-119 is amended as follows: Section 11-119. HOURS OF OPERATION. Subdivision 1. Hours of Oper- ation. The hours of operation and days of sale shall be those set by Minnesota Statutes, Section 340A.504, as it may be amended from time to time. Subdivision 2. 2 A.M. Closing Special Liquor License. Ne-Eitet licensee may sell-on-as Hqtor-et consume or display Liquor on the lieensed Premises between—the- the-licensee has obtained an op- tional 2A.M. Liquor Permit-from-the- Gemmissiener of Public Safety and has been Issued the 2A.M. Closing Special Liquor License by the City. Article VII. Brooklyn Center City Code, Section 11 -1 21, Subdivision 1 is amended as follows: Section 11-121, LIABILITY INSURANCE AND PROOF OF FI- NANCIAL RESPONSIBILITY. Subdivision 1. Insurance Re- quired, All applicants for any Liquor license or a Consumption and Dis- play Permit must, as a condition to the issuance of the license or per- mit, provide proof of Liquor liability insurance to the City Manager's designee, which shall be subject to the approval of the City Council. The required insurance shall satis- fy the requirements of Minnesota Statutes, Section 340A.409, and of this Chapter. The issuer or surety on any liability insurance policy or bond shall be licensed to do busi- ness in the State of Minnesota, and all documents shall be approved as to content, form, and execution by the City Attorney. The licensee arid- shall have the City sh e "-be named as joint an additional insureds on the liability insurance policy. The policy shall be effective for the en- tire license year. Article VIII, Brooklyn Center City Code, Section 11-121 is amended by adding the following subdivision descriptions: Subdivision 3. Notice of Cancel- lation. Subdivision 4. Temporary On- Sate Licenses. Article IX. Effective Date. This Ordinance shall become effective as follows: a.Article II deleting paragraph 9 of Section 11-107 and Article III de- leting subdivision 2 of Section 11- 119 eliminating the 2 A.M. Closing Special Liquor License is effective on July 1, 2018. All 2A.M. closing special liquor licenses shall expire at 2a.m. on July 1,2018; and b.All other provisions of this or- dinance are effective after adoption and upon thirty (30) days following its legal publication. Adopted this 11th day of De- cember 2017. Mayor Tim Willson ATTEST City Clerk Sharon Knut- son Date of Publication: December 21, 2017 Effective Date: January 20, 2018 (Strikeout indicates matter to be deleted, double underline indicates new matter.) Published in the Brooklyn Center Sun Post December 21, 2017 766035