CITY OF FOREST LAKE
WASHINGTON COUNTY, MINNESOTA RESOLUTION
NO. 08-24-15-01
A RESOLUTION AUTHORIZING PUBLICATION OF THE TITLE AND SUMMARY OF THE CHANGES MADE TO TITLE IX, CHAPTER 90, SECTION 14, REGULATING THE POSSESSION AND USE OF ALCOHOLIC BEVERAGES IN PARKS, CHAPTER 96, SECTION 96.03, SUBPARTS (D) AND (E) REGARDING NUISANCES AFFECTING MORALS AND DECENCY, AND REPEALING AND REPLACING TITLE XI, CHAPTER 119, SECTIONS 119.01-119.53 REGULATING THE POSSESSION, SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THE CITY OF FOREST LAKE AND APPROVING THE TEXT OF THE SUMMARY
WHEREAS, the City adopted the attached Ordinance amending Title IX, Chapter 90, Section 14 regulating the possession and use of alcoholic beverages in parks, Chapter 96, Section 96.03 subparts (D) and (E) regarding nuisances affecting morals and decency, and repealing and replacing Title XI, Chapter 119, Sections 119.01-119.53 regulating the possession, sale, and consumption of alcoholic beverages within the City of Forest Lake (Liquor Ordinance) on August 24, 2015; and
WHEREAS, the aforementioned and adopted Liquor Ordinance is lengthy; consisting of more than seventeen (17) pages; and
WHEREAS, pursuant to Minn. Stat. 412.191, subd. 4, the City must publish any ordinance that it adopts at least once in the Citys official newspaper, the Forest Lake Times; and
WHEREAS, pursuant to Minn. Stat. 412.191, subd. 4, the City Council may, in the case of lengthy ordinances, by a four-fifths vote of its members, direct that only the title and summary of an ordinance be published upon determination that the publication of the title and summary of the Liquor Ordinance would clearly inform the public of the intent and effect of the ordinance; and
WHEREAS, the City has determined that publication of the Title and Summary of the Liquor Ordinance would clearly inform the public of its intent and effect; and
WHEREAS, pursuant to Minn. Stat. 412.191, subd. 4, the City must approve of the text of the Summary of the Liquor Ordinance prior to publication; and
WHEREAS, pursuant to Minn. Stat. 412.191, subd. 4, the Summary of the Liquor Ordinance must conform to the requirements of Minn. Stat. 331 A.01, subd. 10; and
WHEREAS, pursuant to Minn. Stat. 412.191, subd. 4, a copy of the entire text of the Recodification Ordinance shall be posted in the Hardwood Creek Library located at 19955 Forest Rd. N., Forest Lake, Minnesota as well as located in the office of the City Clerk in City Hall, available for inspection by any person during regular business hours of the City; and
WHEREAS, pursuant to Minn. Stat. 412.191, subd. 4, the publishing of the title and Summary of the Liquor Ordinance shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published; and
WHEREAS, pursuant to Minn. Stat. 412.191, subd. 4, proof of publication shall be attached to and filed with the Liquor Ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE FOREST LAKE CITY COUNCIL BY A VOTE OF AT LEAST FOUR-FIFTHS OF ITS MEMBERS:
The City determines that publication of the Title and Summary of the Liquor Ordinance will clearly inform the public of the intent and effect of the Liquor Ordinance and adopts the Summary of the Liquor Ordinance, set forth in Exhibit A, for publication, along with notice that a printed copy of the entirety of Ordinance No. 645 is available for inspection at no cost during regular business hours at the Forest Lake City Hall, located at 1408 Lake Street South, Forest Lake, Minnesota, and at the Hardwood Creek Library, 19955 Forest Rd. N., Forest Lake, Minnesota. Upon publication of this summary, Ordinance No. 645 shall be in full force and effect.
The City hereby directs the Clerk to cause the Title and Summary of the Liquor Ordinance to be published in the next issue of the Forest Lake Times.
Adopted this 24th day of August, 2015.
CITY OF FOREST LAKE
Stev Stegner
Its: Mayor
Attested: Jolleen Chaika
Its: Deputy City Clerk
Exhibit A
Section One. Title IX, Chapter 90, Section 14 Amendment.
References to intoxicating liquor and 3.2% malt liquor are changed to alcoholic beverages; sales of alcoholic beverages at City parks are limited to Fenway Athletic Complex; Lakeside Memorial Park, and Kulenkamp Park; the process for obtaining approval for the sale of alcoholic beverages in those three parks is clarified.
Section Two. Title IX, Chapter 120, Section 14, Subparts (D) and (E) Amendment.
References to intoxicating liquor are changed to alcoholic beverages.
Section Three. Title XI, Chapter 119, Sections 119.01-119.53 Repeal and Replacement. Title XI, Chapter 119, Sections 119.01-119.53 are repealed in their entirety and replaced with Sections 119.01-119.25 which provide as follows:
119.01: The provisions of M.S. Ch. 340 A are adopted by reference.
119.02: A license is required for the manufacture, import, sale, exchange, barter, disposal, or keeping for sale of any alcoholic beverage.
119.03: The City is authorized to issue the following nineteen licenses: On-sale intoxicating liquor license; Off-sale intoxicating liquor license; Sunday on-sale intoxicating liquor license; Temporary on-sale intoxicating liquor license; On-sale wine license; Temporary off-sale wine license; Culinary class limited on-sale license; On-sale 3.2 percent malt liquor license; Off-sale 3.2 percent malt liquor license; Temporary on-sale 3.2 percent malt liquor license; Consumption and display permit; One day consumption and display permit; On-sale brew pub license; Off-sale brew pub license; Microdistillery cocktail room license; On-sale brewer taproom license; Off-sale small brewer license; Temporary on-sale intoxicating liquor license for micro-brewers or microdistilleries; and Microdistillery off-sale licenses. Eligibility criteria for the same is outlined.
119.04: The City is authorized to issue licenses and permits related to alcoholic beverages in any number authorized by state statutes, but no more than ten-off sale intoxicating liquor licenses may be issued.
119.05: All licenses and permits except temporary licenses and permits and consumption and display permits shall be issued for a period of one year and shall expire on the last day of January. Licenses issued to corporations and other entities shall become invalid of there is a change in ownership or control. Any such changes shall be reported to the City Clerk within 30 days.
119.06: Various restrictions on the issuance of licenses and permits are recited, including requiring all financial claims of the city to be paid, compliance with state and federal restrictions
on issuance, requiring all licensees premises or locations to be located at least 500 feet from any school or church building, and requiring that all licenses be issued to the real party in interest.
119.07: Applicants are required to provide verified applications for a license to the City Clerk and are to provide all information required on a license application. Fees shall be submitted with all license and permit applications. Proof of financial responsibility, if required, shall be demonstrated prior to the issuance of any license or permit.
119.08: Renewal applications shall be submitted at least 90 days prior to license/permit expiration. Renewal applications may be processed administratively if there is no change to the ownership of the licensee or permittee and there have been no reported violations of the license or permit or written complaints filed with the City regarding the operation of the premises or business for which the license or permit has been granted in the last year. All other renewal applications shall be brought to the Council for a hearing.
119.09: License fees shall be set by Council resolution. Fees for licenses issued after the start of the license year will be prorated. Off-sale intoxicating liquor license fees may be reduced as permitted by state statute.
119.10: No license may be transferred without prior Council approval.
119.11: Preliminary financial and background checks shall be completed for all license applications. Comprehensive financial and background checks may be ordered by the Council. Applicants shall pay the required investigation fees.
119.12: An opportunity to be heard shall be given prior to the issuance or transfer of any license, and for the renewal of licenses brought before the Council. Applicants have no right to have a license or permit approved. The Council may impose reasonable conditions on any license issued, renewed, or transferred in order to promote the public health, safety, and welfare.
119.13: Nudity is prohibited on licensed premises. No holder of an adult-oriented business license may also hold a license for the sale of alcoholic beverages on the premises where the adult-oriented business is located.
119.14: Consumption of alcoholic beverages is prohibited in public places unless lawfully permitted by this Chapter, Section 90.14 of the Code, or as otherwise permitted by an outdoor entertainment permit.
119.15: Notice of silent auctions, raffles, or other fund raising events with prizes of alcoholic beverages must be provided to the City Clerk at least 10 days prior to the event.
119.16: Conditions of all licenses and permits are established, including requiring the license be posted conspicuously, licenses shall be issued for compact and contiguous spaces, sales or service of alcoholic beverages at times and places not permitted is prohibited, licensees are responsible for the conduct of their employees and maintaining order in their place of business, peace officers are authorized to enter licensed premises during business hours or when people are present in order to inspect the same without a wan-ant, all licensees must comply with applicable state law provisions, consumption of alcoholic beverages in parking lots is prohibited unless otherwise authorized by the City, and the Council may require the presence of police officers as a condition of a temporary license or permit.
119.17: Sales may occur as permitted by state statute, and sales until 2:00 a.m. are permitted.
119.18: No alcoholic beverage may be consumed, exhibited, or displayed more than fifteen minutes after the time when a sale can legally occur.
119.19: Minors are restricted from licenses premises in accordance with state law.
119.20: A temporary extension of a licensed premises may be granted by the Council.
119.21: Requirements are established for the granting of a temporary on-sale license for the sale of alcoholic beverages in City parks.
119.22-119.24: Violations of this Chapter, the terms of a license, other Code provisions, and state statutes are grounds for license suspension or revocation. Upon a finding a license has violation the above, the Council is authorized to impose administrative penalties of up to a $2,000 civil penalty, 60 day license suspension, or revoke a license. A schedule of minimum penalties is adopted.
Published in the
Forest Lake Times
August 27, 2015
439766
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