Chapter 5 Alcoholic Beverages

Transcription

1 Section General Provisions (revised: 10/26/09) Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them: 3.2% Malt Liquor. Malt liquor containing not less than 1/2 of 1% alcohol by volume, nor more than 3.2% alcohol by weight. Alcoholic Beverage. Any beverage containing more than ½ of 1% alcohol by volume. Brewer. A person who manufactures malt liquor for sale and/or distribution. (added: 10/29/12) Brewpub. A restaurant that also has a facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year on the premises. (added 3/11/13) Brewer Taproom. A facility on the premises of and accessory to a licensed brewery intended for the on-sale consumption and limited off-sale of beer produced on site by the brewer as authorized by Minnesota statutes section 340A.301, subdivision 6b. (added: 10/29/12) Club. An incorporated organization organized under the laws of the State of Minnesota for civil, fraternal, social or business purposes, for intellectual improvement, or for the promotion of sports, and which has been in existence in the City for fifteen (15) years; or a congressionally chartered veterans organization which has been in existence in the City for ten (10) years; and are organizations that: Have more than 30 members; Have owned or rented a building, or space in a building, for more than one year that is suitable and adequate for the accommodation of its members; Are directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose; Do not distribute profits to officers, agents, employees or members or their guests, from the sale of alcoholic beverages beyond a reasonable salary or wage fixed and voted each year by the governing body; and Sell alcoholic beverages only to members and to their guests. Distilled Spirits. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non industrial use. Exclusive Liquor Store. An establishment used exclusively for the sale of alcoholic 5-1

2 beverages; tobacco products; ice; beverages, either liquid or powder, specifically designated for mixing with intoxicating liquor; soft drinks; liqueur-filled candies; food products that contain more than ½ of 1% alcohol by volume; cork extraction devices, books and videos on the use of alcoholic beverages; magazines and other publications published primarily for the information and education on alcoholic beverages; and home brewing equipment. Hotel. An establishment where food and lodging are regularly furnished to transients and which has: dining room serving the general public at tables and having facilities for seating at least thirty (30) guests at one time; and guest rooms for at least ten (10) guests. Intoxicating Liquor. Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2% of alcohol by weight. Licensed Premises. The compact and contiguous space described in the approved license application. Microbrewery. A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year. A microbrewery may have space dedicated as a taproom to distribute on-sale and off-sale alcohol in compliance with MN State Statute 340A.301, subd. 6b. (added 3/11/13) Microdistillery. A facility that manufactures and distributes premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. (added 3/11/13) Off-Sale. The sale of alcoholic beverages in original packages for consumption off the licensed premises only. On-Sale. The sale of alcoholic beverages for consumption on the licensed premises only. Package. A corked or sealed container of alcoholic beverages as provided by the manufacturer or distiller. Person. An individual, a body politic or corporate, a partnership, and other unincorporated associations. Restaurant. An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating capacity for thirty (30) guests. Sale. To directly, or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction. Wine. The product made from the normal alcoholic fermentation of grapes, including 5-2

3 still wine, sparkling and carbonated wine, wine made from condensed must, wine made from other agricultural products than sound, red grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than ½ of 1%, nor more than 24% alcohol by volume for non-industrial use. Wine does not include distilled sprits License Required. No person may sell alcoholic beverages without having obtained the appropriate alcoholic beverage license Types of Licenses. The following types of alcoholic beverage licenses may be issued in the City of Arden Hills: Off-Sale Intoxicating Liquor License. An Off-Sale Intoxicating Liquor License shall only be issued to exclusive liquor stores. On-Sale Intoxicating Liquor License. On-Sale Intoxicating Liquor Licenses shall only be issued to hotels, restaurants, clubs, or exclusive liquor stores. Temporary On-Sale Intoxicating Liquor License. A Temporary On-Sale Intoxicating Liquor License shall be issued only to a club or a charitable, religious, or other non profit organization that has been in existence for three (3) years; or a political committee registered under M.S. 10A.14; or a state university or college; in connection with a social event sponsored by the licensee within the City. The Temporary On-Sale Intoxicating Liquor License may not authorize the sale for more than four (4) consecutive days and may not authorize sales on premises other than the premises that the licensee owns or occupies within the City. On-Sale 3.2% Malt Liquor License. On-Sale 3.2% Malt Liquor Licenses shall only be issued to restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2% malt liquor for consumption only on the premises. Off-Sale 3.2% Malt Liquor License. Off-Sale 3.2% Malt Liquor Licenses shall permit the sale of 3.2% malt liquor in the original package for consumption only off of the premises. Temporary On-Sale 3.2% Malt Liquor Licenses. A Temporary On-Sale 3.2% Malt Liquor License shall only be issued to charitable, religious and non-profit organizations and shall permit the consumption of 3.2% malt liquor only on the licensed premises. On-Sale Wine. On-sale wine licenses shall only be issued to a restaurant. A wine license permits the sale of wine up to 14% alcohol by volume for consumption with the sale of food. In no event shall an on-sale license be issued to a fast food restaurant as defined in the City Code. Sunday On-Sale Intoxicating Liquor License. Sunday On-Sale Intoxicating Liquor Licenses shall be only issued to a restaurant, club, bowling center, or hotel; which holds an On-sale Intoxicating Liquor License. An establishment serving intoxicating liquor on Sundays must obtain a Sunday Liquor License. Brewer Taproom License (added: 10/29/12). A brewer who has a license from the 5-3

4 Commissioner of Public Safety to brew up to 250,000 barrels of malt liquor or wine per year may be issued a license by the City for on-sale of malt liquor or wine subject to the following conditions: (revised 3/11/13) The malt liquor or wine sold on sale for consumption must be produced by the brewer on the licensed premises. (revised 3/11/13) No other beverages containing alcohol may be sold or consumed on the licensed premises. A brewer may only have one taproom license. Hours of operation for on-sale of malt liquor or wine at a brewer taproom. No sale of intoxicating liquor for consumption on the licensed premises may be made before 8:00 a.m. or after 10:00 p.m. on Monday through Sunday. (revised 3/11/13) A restaurant is not allowed at a brewery with a taproom license. The brewer would, however, be allowed to sell simple pre-packaged snacks (chips, peanuts, popcorn, etc.) for consumption on-site. Brewer Off-Sale Malt Liquor License (added: 10/29/12). A brewer who has a license from the Commissioner of Public Safety to brew up to 3,500 barrels of malt liquor or wine per year may with the approval of the Commissioner of Public Safety be issued a license by the City for off-sale of malt liquor or wine subject to the following conditions: (revised 3/11/13) The malt liquor or wine sold off-sale must be produced and packaged on the licensed premises. (revised 3/11/13) Off-sale of malt liquor or wine shall be limited to the legal hours for off-sale pursuant to section 500.3, Subdivision 9(d). (revised 3/11/13) The malt liquor or wine sold off-sale must be removed from the licensed premises before the applicable off-sale closing time pursuant to section 500.3, Subdivision 9(d). (revised 3/11/13) The malt liquor or wine sold off-sale shall be packaged in 64-ounce containers commonly known as growlers or 750 milliliter containers commonly known as bombers and shall have the following requirements for packaging: (revised 3/11/13) 1) The containers shall bear a twist type closure, cork, stopper or plug. 2) At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container or bottle and extend over the top of the twist type closure, cork, stopper or plug forming a seal that must be broken upon opening of the container or bottle. 3) The adhesive band, strip or sleeve shall bear the name and address of the brewer/licensee selling the malt liquor or wine. (revised 3/11/13) 5-4

5 4) The containers or bottles shall be identified as malt liquor or wine, contain the name of the malt liquor or wine, bear the name and address of the brewer/licensee selling the malt liquor or wine, and the contents in the container packaged as required herein shall be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part (revised 3/11/13) The retail sales for a brewer/licensee under this subsection may not exceed 3,500 barrels per year, provided that off-sales may not total more than 50 percent of the brewer/licensee s production or 500 barrels, whichever is less. A brewer operating a brewer taproom may hold or have an interest in other retail on-sale licenses, but may not have an ownership interest in whole or in part, or be an officer, director, agent or employee of, any other manufacturer, brewer, importer, or wholesaler or be an affiliate thereof, whether the affiliation is corporate or by management, direction or control. Notwithstanding this prohibition, a brewer licensed under this provision may be an affiliate or subsidiary company of a brewer licensed in Minnesota or elsewhere if that brewer s only manufacture of malt liquor or wine is: (revised 3/11/13) 1) As a brewer taproom as defined herein and limited to the regulations of a brewer taproom by this chapter; 2) Manufactured in another state for consumption exclusively in a restaurant located in the place of manufacture or brewing; or 3) Manufactured in another state for consumption primarily in a restaurant located in or immediately adjacent to the place of manufacture, if the brewer was licensed subject to the regulations herein on January 1, Persons Ineligible for License. No license shall be issued or transferred to, held by, or renewed for any person: Subd. 1 Subd. 2 liquors. Who is less than twenty-one (21) years of age. Who is, or has a direct interest in, a manufacturer or wholesaler of intoxicating Subd. 3 Who has direct or indirect interest in any other establishment in the City of Arden Hills to which an alcoholic beverage license of the same type has been issued by the City. Subd. 4 To whom, in the judgment of the City Council, based upon information received as part of the application and investigation process, such issuance, transfer or renewal would not be in the best interest of the public. Subd. 5 Who possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. 5-5

6 Subd. 6 Who has, within five (5) years prior to the alcoholic beverage license application been convicted of a felony, or of violating any law of the State of Minnesota relating to the manufacture, sale, distribution or possession for sale or distribution of alcoholic beverages and cannot demonstrate competent evidence under M.S , as amended from time to time, of sufficient rehabilitation and present fitness to perform the duties of an alcoholic beverage license Places Ineligible. An alcoholic beverage license shall not be issued, transferred, or renewed for the conduct of business in any premises: Subd. 1 On which real estate taxes, special assessments, or other financial claims of the City of Arden Hills are delinquent. Subd. 2 Which is located within five hundred (500) feet of any school or any church unless the premises are currently licensed for the sale of alcoholic beverages. Subd. 3 That is owned by a person to whom no alcoholic beverage license could be issued under the provisions of the laws of the State of Minnesota. Subd. 4 That is not in compliance with the building code, the fire code, and/or the development regulations of the City of Arden Hills. Subd. 5 Which has been issued an adult establishment license Applications. Applications for an alcoholic beverage license shall be verified and submitted on forms prescribed by the Minnesota Commissioner of Public Safety or, if such forms are not available for a particular type of license, on forms provided by the City Administrator. The applications shall include the following: Subd. 1 A legal description for the property on which alcoholic beverages will be sold or consumed. Subd. 2 A scale drawing of the premises in which the alcoholic beverages will be sold or consumed, including exterior portions thereof, which will be used for such purpose. Subd. 3 Subd. 4 The alcoholic beverage license fee and investigation fee. Other information as required in the application form Investigation. Initial alcoholic beverage license applications, renewal applications, and transfer application shall be referred to the City s law enforcement agency for background and financial investigations of the applicant and/or owner in such detail as the law enforcement agency deems appropriate for the type of license being requested Alcoholic Beverage License Fees. The Arden Hills City Council shall adopt an ordinance which establishes alcoholic beverage license fees and license investigation fees subject to the limitations contained in Minnesota Statutes 340A Refund of Fee. 5-6

7 Subd. 1 Except as provided in this subsection, no part of the fee paid for an alcoholic beverage license shall be refunded. Refund applications shall be made within thirty (30) days of the occurrence of the following events: A. Destruction or damage to the licensed premise by fire or other catastrophe to such an extent that the licensee ceases to carry on the licensed business; and B. Discontinuance of the business of the licensee by reason of death or illness of the licensee. Subd. 2 The Council may, at its discretion, refund a pro rata portion of the license fee Liability Insurance. No retail alcoholic beverage license may be issued, maintained, or renewed unless the applicant demonstrates proof of financial responsibility. The City shall submit to the Commissioner of Public Safety the applicant s proof of financial responsibility. Subd. 1 Minimum Coverages. The minimum requirement for proof of financial responsibility may be given by filing: A. A certificate that states there is an effect for the license period an insurance policy issued by an insurer required to be license under Minn. Stat. 60A.07 Subd. 4, or by an insurer recognized as an eligible surplus lines carrier pursuant to Minn. Stat. 60A.206, or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two (2) or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support for two (2) or more persons in any one occurrence or; B. A Bond from a surety company with minimum coverages as provided in Section , Subd. 1(a). Subd. 2 Cancellation Provisions. The liability insurance policy required by this section must provide that it cannot be cancelled for: A. Any cause, except non-payment of premium, by either the insured or the insurer, unless the cancelling party has first given thirty (30) days notice in writing to the City of its intent to cancel the policy; and B. Non-payment of premium unless the cancelling party has first given ten (10) days notice in writing to the City of its intent to cancel the policy. Subd. 3 Exemptions. The insurance requirements provided herein do not apply to licensees who by affidavit established: A. They are an On-Sale 3.2% Malt Liquor Licensee with sales of less than $25,000 of 3.2% malt liquor for the preceding year; 5-7

8 B. They are Off-Sale 3.2% Malt Liquor Licensees with sales of less than $50,000 of 3.2% malt liquor for the preceding year; or C. They are holders of On-Sale Wine Licenses with sales of less than $25,000 of wine for the preceding year Granting of Licenses. The City Council may make, or cause to be made, an investigation, as it deems appropriate, of the claims set forth in the application. The Council may hold a public hearing relative to the issuance of any license under the provisions of this section. The granting of on-sale and off-sale liquor licenses shall be discretionary with the Council. No off-sale liquor license shall become effective until it, together with the proof of insurance furnished by the applicant, has been approved by the commissioner of public safety All licenses issued under the provisions of this section shall expire on the last day of December of each year. Each license shall be issued for a period of one year, but if a portion of the license year has elapsed when the application is made a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any expired fraction of a month shall be counted as one month Renewals. Applications for renewal of an existing license issued under the provisions of this chapter shall be filed with the City Administrator on or before November 1 of the year preceding the year which is the subject of the license Transfer. No license may be transferred to another person or to another place without the approval of the City Council. Verified application for transfer shall be made in writing to the City Administrator and shall be accompanied by certified check or money order payable to the City, in the amount established by Ordinance adopted by the Council. The Council shall make or cause to be made an investigation as it deems appropriate regarding the transferee or the proposed location. This provision shall also apply in the event of application by a corporate licensee for transfer of stock in the corporation, provided that no transfer fee shall be charged if the transfer is the first within the period of the license or the stock sought to be transferred does not constitute fifty (50%) percent or more of the outstanding common stock of the corporation. It is hereby made the duty of the officers of any corporation holding such a license to notify the Council of any proposed sale or transfer of any stock that result in another person holding ten or more percent interest in the corporation. The transfer of any such stock without the knowledge and consent of the Council shall be deemed sufficient cause for revocation by the Council of any license granted to the corporation under authority of this subsection. The corporate officers shall also notify the Council whenever any change is made in the officers of any such corporation, and failure to notify Council shall be sufficient cause for revocation of any liquor license granted to the corporation Display. The license issued under the provisions of this section shall be posted in a conspicuous place on the licensed premises at all times Hours of Sale. Subd. 1 On-Sale Intoxicating Liquor. No sale of intoxicating liquor for consumption on the licensed premises may be made: A. Between 2:00 a.m. and 8:00 a.m. on Monday through Saturday; or 5-8

9 B. After 2:00 a.m. on Sunday unless the licensee has also been issued a Sunday on-sale liquor license. Subd. 2 Temporary On-Sale Intoxicating Liquor. Permissible hours of sale will be stated on the permit. Subd. 3 On-Sale 3.2% Malt Liquor. No sale of 3.2% malt liquor may be made between 2:00 a.m. and 8:00 a.m. on Monday through Saturday or after 2:00 a.m. on Sunday. Subd. 4 Temporary On-Sale 3.2% Malt Liquor. Permissible hours of sale will be specified on the permit. Subd. 5 On-Sale Wine. No sale of wine may be made between 2:00 a.m. and 8:00 a.m. on Monday through Saturday or after 2:00 a.m. on Sunday. Subd. 6 Sunday On-Sale Intoxicating Liquor. Sales are permitted between the hours of 10:00 a.m. on Sunday and 2:00 a.m. on Monday in conjunction with the sale of food. Subd. 7 Off-Sale Intoxicating Liquor. No sale of intoxicating liquor may be made by an off-sale licensee: A. On Sundays. B. Before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday. C. On Thanksgiving Day. D. After 8:00 p.m. on Christmas Eve on December 24. E. On Christmas Day, December Suspension and Revocation. Upon the finding that a license holder has failed to comply with applicable statutes, rules, or city regulations relating to alcoholic beverages, the City may revoke the license, suspend the license for up to sixty (60) days, impose a civil penalty of up to $2,000 for each violation as hereinafter provided, or impose a combination of these sanctions. No suspension or revocation shall take effect until the licensee has been given an opportunity for a hearing under the provisions of Minn. Stat to of the Administrative Procedure Act Administrative Fines. The purpose of this section is to establish an escalating scale of penalties for the sale of alcoholic beverages to an underage person; for the sale of alcoholic beverages to an obviously intoxicated person; for permitting after hour sales, display, or consumption of an alcoholic beverage; or illegal gambling on premises committed by the license holder or its employees. Subd. 1 For on-sale and off-sale license holders who participate in optional manager and server training, subject to the approval of the City, and prove the person who sold or served alcohol had received server training within the previous year: A. For a first violation, the penalty shall be an administrative fine as set by the City s fee schedule and one (1) additional compliance check. 5-9

10 B. For a second violation, in forty-eight (48) months, the penalty shall be an administrative fine as set by the City s fee schedule and one (1) additional compliance check. C. For a third violation in forty-eight (48) months, the penalty shall be an administrative fine as set by the City s fee schedule, a one (1) day suspension and one (1) additional compliance check. D. For a fourth violation in forty-eight (48) months, the penalty shall be an administrative fine as set by the City s fee schedule and the license may be revoked. Subd. 2 For on-sale and off-sale license holders who do not participate in optional manager and server training, subject to the approval of the City: A. For a first violation, the penalty shall be an administrative fine as set by the City s fee schedule and one (1) additional compliance check. B. For a second violation, in forty-eight (48) months, the penalty shall be an administrative fine as set by the City s fee schedule and one (1) additional compliance check. C. For a third violation in forty-eight (48) months, the penalty shall be an administrative fine as set by the City s fee schedule, a three (3) day suspension and one (1) additional compliance check. D. For a fourth violation in forty-eight (48) months, the penalty shall be an administrative fine as set by the City s fee schedule and the license may be revoked. 5-10