HomeMy WebLinkAbout[07] Bad Habit - Permanent Outdoor Liquor Area
Council Agenda Item 7
MEETING DATE: April 15, 2019
AGENDA ITEM: Bad Habit – Permanent Outdoor Liquor Area
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: Bad Habit Brewing purchased the former City Hall located at 25
College Ave N and have repurposed the building. The project includes a large patio area which is
required to be fenced. St. Joseph Ordinance 701.15 Subd 5 details the provisions for permanent outside
liquor. The following is an extract of the Ordinance:
Bad Habit is proposing a four foot fence with three feet of landscaping around the entire exterior of the
fence to provide an additional barrier. They were concerned about the aesthetics of constructing a six foot
fence as the area is large and it would take on the appearance of a prison. The plan for Bad Habit
includes a four foot fence and shrubbery around the fence to add an additional barrier, see attached plan.
In talking to the City Attorney, Chris Nelson, he was not familiar with such a provision. Staff reviewed
the Ordinances of the surrounding cities (see attachments) and no other City in the area requires a six foot
fence. They all require limitation of access and require a permit each year so that it can be reviewed. In
checking the existing outdoor areas, the fence at Bello is only 3.9” and includes trees to add some
aesthetics.
Include with this information is a draft Ordinance that would change the Permanent Outside Ordinance
removing the six foot fence requirement and adding language consistent with other cities. The other
feature that is a good idea is to renew annually permanent outdoor sales providing the City additional
opportunity to any problems that would occur and are not corrected. Today’s market place people want to
eat and drink outside; therefore this Ordinance is not be amended for one individual. The proposed
amendment is to react to the current market trends.
Since the Ordinance is in place, the Council could approve a temporary outdoor liquor permit to Bad
Habit so that they could keep moving forward with the patio and then when the Ordinance is approved, a
permanent license would be issued. The fencing would meeting the temporary ordinance. The Ordinance
could be acted on by the Council at the May 6 meeting.
Additionally, the grand opening for Bad Habit is May 4 and due to the weather and continuing snow, they
are uncertain if they can have the fence installed in time for the grand opening. Since a temporary
outdoor license would allow for snow fencing they will mostly likely end up using snow fence for the
grand opening and then remove.
BUDGET/FISCAL IMPACT: None
ATTACHMENTS: Request for Action
Patio Plans
Draft Ordinance – Revising Outdoor Liquor
St. Cloud Outdoor Liquor Ordinance
Sartell Outdoor Liquor Ordinance
Sauk Rapids Outdoor Liquor Ordinance
REQUESTED COUNCIL ACTION: Provide direction on the Outdoor liquor Ordinance and Bad
Habit Outdoor patio permit and grant a temporary outdoor liquor permit to Bad Habit to allow for the
outdoor patio with fencing.
ORDINANCE 701 LICENSING AND REGULATION OF CONSUMPTION OF
INTOXICATING LIQUOR......................................................................................... 701-1
Section 701.01: PROVISIONS OF STATE LAW ADOPTED .................................... 701-1
Section 701.02: LICENSE REQUIRED ..................................................................... 701-1
Section 701.03: BREWERY/TAPROOM LICENSE .................................................. 701-2
Section 701.04: BREW PUB OFF-SALE INTOXICATING LICENSE ...................... 701-3
Section 701.05: SMALL BREWER OFF-SALE INTOXICATING ............................ 701-3
Section 701.06: SUNDAY GROWLER OFF-SALE INTOXICATING 701-4
Section 701.07: APPLICATION FOR LICENSE ....................................................... 701-4
Section 701.08: LICENSE FEES ................................................................................ 701-6
Section 701.09: GRANTING OF LICENSES ............................................................. 701-6
Section 701.10: PERSONS INELIGIBLE FOR LICENSE ......................................... 701-9
Section 701.11: PLACES INELIGIBLE FOR LICENSE ............................................ 701-9
Section 701.12: CONDITIONS OF LICENSE............................................................ 701-9
Section 701.13: HOURS OF OPERATION ...............................................................701-12
Section 701.14: CLUBS ............................................................................................701-13
Section 701.15: RESTRICTIONS ON PURCHASE OR CONSUMPTION ...............701-13
Section 701.16: SUSPENSION AND REVOCATION .......................................... 701-2221
Section 701.17: BOTTLE CLUBS ......................................................................... 701-2221
Section 701.18: PENALTY ................................................................................... 701-2221
Section 701.19: LIMITATION OF ON SALE LIQUOR LICENSES ..................... 701-2221
Section 701.20: LIMITATION OF EXCLUSIVE OFF-SALE LICENSES ............ 701-2221
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ORDINANCE 701 LICENSING AND REGULATION OF CONSUMPTION OF
INTOXICATING LIQUOR
Section 701.01: PROVISIONS OF STATE LAW ADOPTED. The provisions of Minn.
Stat. Ch. 340A, relating to the definition of terms, licensing, consumption, sales, conditions of
bonds of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution,
and consumption of intoxicating liquor are adopted and made a part of this ordinance as if set out
in full, except as herein altered or modified under the authority provided to municipalities in
Minn. Stat. § 340A.509.
Section 701.02: LICENSE REQUIRED.
Subd. 1: General Requirement. No person, except a wholesaler or manufacturer to the
extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in
the City any intoxicating liquor without a license to do so as provided in this ordinance. Liquor
licenses shall be of four kinds: "on-sale", "off-sale", "club" and "temporary on-sale" licenses.
Subd. 2: On Sale Licenses. "On sale" licenses shall be issued only to clubs, restaurants,
and exclusive liquor stores and shall permit "on sale" of liquor only.
Subd. 3: Off Sale Licenses. "Off sale" licenses shall be issued only to exclusive liquor
stores and shall permit "off sales" of liquor only.
Subd. 4: Special Club Licenses. Special club licenses shall be issued only to
incorporated clubs which have been in existence for fifteen (15) years or more or to
congressionally chartered veterans' organizations which have been in existence for ten (10)
years.
Subd. 5: Temporary On-Sale Licenses. "Temporary on-sale" licenses shall be issued to a
qualified applicant for a specified continual time period not to exceed four (4) days. All
“temporary on-sale” licenses expire at 12:01 a.m. on the day following the last day of the license
period. The “temporary on-sale” license shall be subject to the general terms and conditions of
this ordinance, unless clearly inapplicable, with the following additions and/or changes:
a) A "temporary on-sale" license shall be issued only to organizations or entities
which qualify as a non-taxable organization as defined by Sec. 501(c) (3-8) of the
Internal Revenue Code.
b) Application for the "temporary on-sale" license shall be submitted at least 90 days
prior to the date of applicability. The City Council may waive the 90 day
deadline, but if doing so, shall charge a late fee not to exceed $250.00.
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c) The license fee shall be paid at the time of application, subject to refund if the
license is denied.
d) Proof of liability insurance in accordance with Section 701.03 Subd. 3 shall be
delivered to the City Clerk/Administrator prior to issuance of the license.
e) The City Council may waive the investigation fee required by Section 701.05
Subds. 1 and 2 for applicants that have been in existence and operation in the City
of St. Joseph for the five years preceding the application.
f) The "temporary on-sale" license is non-transferable.
g) The maximum number of "temporary on-sale" licenses which may be issued to an
entity or organization in a single calendar year is three three-day, two three-day,
one four-day, or six one-day licenses, or in any combination not to exceed six
days per year.
Section 701.03: BREWERY/TAPROOM LICENSE
Subd. 1: A Brewer licensed under Minn. Stat. §340A.301 may be issued an On-Sale
Brewery Taproom License for the “on-sale” of malt liquor produced on the licensed premises,
subject to the following conditions:
a) The on-sale of malt liquor may only be made during the days and hours that “on-
sale” of liquor may be made, as prescribed by State Law or within this Chapter.
b) A Brewer may only hold one (1) Brewery License within the City.
c) The only alcohol beverage that may be sold or consumed on the premises of a
licensed Brewery Taproom will be the malt liquor produced by the Brewer upon the Brewery
Taproom Premises.
d) The holder of a Brewery Taproom License who also holds a Brew Pub off-sale
license is permitted to sell Growlers which is defined as a container with a capacity of up to 64
ounces, for the take-out or off-sale of craft beer. The Growler must be sealed by a paper or
adhesive band aid strip or sleeve that is applied over the top of the closure in such a manner that
the seal must be broken in order to open the container. The adhesive band, strip or sleeve shall
bear the name and address of the brewer.
e) Nothing in this subdivisions precludes the holder of a Brewer Taproom License
from also holding a license to operate a restaurant on the premise of the brewery.
Subd. 2. A Brewery Taproom License may not be issued 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 or produces
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more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000
gallons of wine annually, as defined and prescribed by Minn. Stat. § 340.301.
Section 701.04: BREW PUB OFF-SALE INTOXICATING LICENSE
Subd. 1: A Brew Pub Off-Sale Intoxicating Malt Liquor license may be issued to a
brewer who holds a brewer license issued by the Minnesota Commissioner of Public Safety for
the operation of a brewpub and shall be operated in and as a part of a restaurant establishment
for which an on-sale intoxicating liquor license has been issued by the city.
a) An off-sale license may be issued solely for the malt liquor produced and
packaged on the licensed premises and only upon approval of the license by the Minnesota
Commissioner of Public Safety.
b) Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive
liquor stores and must be removed from the licensed premises before the applicable off-sale
closing time requirements.
c) Only malt liquor may be brewed or manufactured at the licensed premises and not
more than 3,500 barrels of malt liquor in a calendar year may be brewed or manufactured at the
licensed premises.
d) The malt liquor sold off-sale shall be packaged in 64-ounce containers commonly
known as "growlers" and shall have the following requirements for packaging:
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 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.
3. The adhesive band, strip or sleeve shall bear the name and address of the
brewer/licensee selling the malt liquor.
4. The containers shall be identified as malt liquor, contain the name of the
malt liquor, bear the name and address of the brewer/licensee selling the
malt liquor, 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 7515.1100.
Class O: Brew Pub Off-Sale Intoxicating
Section 701.05: SMALL BREWER OFF-SALE INTOXICATING
Subd. 1: A “Small Brewer Off-Sale Intoxicating" license authorizes a micro-brewery that
manufactures less than 20,000 barrels of malt liquor per year to sell malt liquor to the public in
64-ounce containers, commonly known as “growlers,” or in 750 milliliter bottles as permitted by
Minn. Stat. §340A.301. The amount of malt liquor sold at off-sale may not exceed 500 barrels
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annually; off-sale shall be limited to the legal hours for off-sale at exclusive liquor stores, and
the off-sale must be removed from the premises before the applicable off-sale closing time at
exclusive liquor stores.
a) The malt liquor shall be packed in 64-ounce containers commonly known as
"growlers" or in 750 milliliter bottles. The containers or bottles shall bear a twist-type closure,
cork, stopper, or plug. At the time of the sale, a paper or plastic adhesive band, strip, or sleeve
shall be applied to the container or bottle and extended 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. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The
containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear
the name and address of the brewer selling the malt liquor, and shall be considered intoxicating
liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of
Minnesota Rules, part 7515.1100.
b) A brewer may, but is not required to, refill any growler with malt liquor for off-
sale at the request of a customer. A brewer refilling a growler must do so at its licensed premises
and the growler must be filled at the tap at the time of sale. A growler refilled under this
paragraph must be sealed and labeled in the manner described in paragraph (a).
c) A brewer may only have one license under this subdivision.
d) The City may not issue a license under this subdivision 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.
Class P: Small Brewer Off-Sale Intoxicating
Sections 701.03 – 701.05 added 4/06/15
Section 701.06: SUNDAY GROWLER OFF-SALE INTOXICATING: Authorizes a
small brewer that manufactures less than 20,000 barrels of malt liquor per year to sell malt liquor
to the public in 64-ounce containers, commonly known as “growlers,” or in 750 milliliter bottles
as permitted by Minn. Stat. 340A.301, on Sundays between the hours of 10:00 am to 10:00 pm.
Class Q: Sunday Growler Off-Sale Intoxicating
Section 701.07: APPLICATION FOR LICENSE.
Subd. 1: Form. Every application for a license to sell liquor shall state the name of the
applicant, his/her age, representations as to his/her character, with such references as the council
may require, his/her citizenship, the type of license applied for, the business in connection with
which the proposed license will operate and its location, whether the applicant is owner and
operator of the business, how long he/she has been in that business at that place, and such other
information as the council may require from time to time. In addition to containing such
information, the application shall be in the form prescribed by the commissioner of public safety
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and shall be verified and filed with the City Clerk/Administrator. No person shall make a false
statement in an application.
Subd. 2: Bond. (Bonding requirements repealed 1991)
Subd. 3: Liability Insurance. Prior to the issuance of an "on sale" or "off sale"
intoxicating liquor license, the applicant must demonstrate proof of financial responsibility with
regard to liability imposed by Minn. Stat. §340A.409 with the Commissioner of Public Safety
and the City Clerk/Administrator of St. Joseph as a condition of the issuance or renewal of
his/her license.
Proof of financial responsibility may be given by filing.
a) A certificate that there is in effect an insurance policy or pool providing the
following minimum coverages:
1. Fifty Thousand Dollars ($50,000) because of bodily injury in any one
person in any one occurrence, and, subject to the limit for one person, in
the amount of One Hundred Thousand Dollars ($100,000) because of
bodily injury to two or more persons in any one occurrence, and in the
amount of Ten Thousand Dollars ($10,000) because of injury to or
destruction of property of others in any one occurrence.
2. Fifty Thousand Dollars ($50,000) for loss of means of support of any one
person in any one occurrence, and, subject to the limit for one person, One
Hundred Thousand Dollars ($100,000) for loss of means of support of two
or more persons in anyone 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 One
Hundred Thousand Dollars ($100,000) in cash or securities which may legally be
purchased by savings banks or for trust funds having a market value of One
Hundred Thousand Dollars ($100,000).
The liability insurance policy required by this subdivision shall provide that it may not be
cancelled for any cause, either by the insured or the insurance company without first giving ten
days notice to the City in writing of intention to cancel it, addressed to the City
Clerk/Administrator of the City of St. Joseph.
The operation of an "off sale" or "on sale" business without having on file at all times
with the City Clerk/Administrator the liability insurance policy herein referred to shall be
grounds for immediate revocation of the license. Lapse of insurance or other evidence of
financial responsibility will trigger an automatic revocation of the license. Notice of cancellation
of a current liquor liability insurance policy shall also serve as notice to the licensee of the
impending revocation and that unless evidence of compliance with the financial responsibility
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requirement is presented to the City Clerk/Administrator before the termination is effective, the
license will be revoked instantly upon the lapse of insurance or other financial responsibility.
Section 701.08: LICENSE FEES.
Subd. 1: Payment. No "off sale" license or club license shall be issued until the full fee
is paid to the City Treasurer, and no "on sale" license shall be issued until one half of the
required fee is paid to the City Treasurer, and a promissory note for the remaining one half of the
fee payable 6 months thereafter, and providing for the payment of collection fees equal to one
half of the amount of the note, payable to the City of St. Joseph, is deposited with the City
Treasurer.
Subd. 2: Fees. The annual fee for an “on-sale” or “off-sale” liquor license shall be
established by resolution of the City Council, and the maximum amount allowed by law for a
special club license. The fee for a temporary on-sale license shall be set by City Council
Resolution.
Subd. 3: Term; Pro Rata Fee. Other than the "temporary on-sale" license, each license
shall be issued for a period of one year except that if the application is made during the license
year, the license may be issued for the remainder of the year for a pro rata fee, with any
unexpired fraction of a month being counted as one month. Every license shall expire on June
30.
Subd. 4: Refunds. 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 City Council within
30 days from the happening of the event. There shall be refunded 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:
a) Destruction or damage to the licensed premises by fire or other catastrophes.
b) The licensee's illness.
c) The licensee's death.
d) A change in the legal status of the municipality, making it unlawful for the
licensed business to continue.
Section 701.09: GRANTING OF LICENSES.
Subd. 1: Preliminary Investigation. On an initial application for an "intoxicating liquor"
license and on application for transfer of an existing "intoxicating liquor" license, the applicant
shall pay with his/her application an investigation fee of not to exceed Five Hundred Dollars
($500.00) and the City shall conduct a preliminary background and financial investigation of the
applicant. The application is such case shall be made on a form prescribed by the state bureau of
criminal apprehension and with such additional information as the council may require. If the
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council deems it in the public interest to have an investigation made on a particular application
for renewal of an "intoxicating liquor" license, it shall so determine.
Subd. 2: Investigation Outside State. If an investigation outside the state is required, the
applicant shall be charged the actual cost of the investigation, not to exceed Ten Thousand
Dollars ($10,000), which shall be paid by the applicant after deducting any initial investigation
fee already paid. The fee shall be payable by the applicant whether or not the license is granted.
Subd. 3: Investigation Authorized. In any case, if the council determines that a
comprehensive background and financial investigation of the applicant is necessary, it may
conduct the investigation itself or contract with the bureau of criminal investigation for the
investigation.
a) Pursuant to Minnesota Statutes Section 13.87, the St. Joseph Police Department is
authorized to conduct criminal history background investigations for on-sale
and/or off-sale liquor license applicants using Minnesota Computerized Criminal
History data (purpose code E). Access to federal or interstate indexes for these
purposes is expressly prohibited.
b) Before the background investigation is begun, the applicant must authorize the
police department in writing to undertake the investigation and to release the
information to the City Council, City Administrator, City Attorney and/or other
appropriate City staff as necessary.
Subd. 4: Hearing and Issuance. The City Council shall investigate all facts set out in the
application and not investigated in the preliminary background and financial investigation
conducted pursuant to Subdivisions 1 through 3. Opportunity shall be given to any person to be
heard for or against the granting of the license. After the investigation and hearing, the council
shall, in its discretion, grant or refuse the application. No "off sale" license shall become
effective until it, together with the security furnished by the applicant, has been approved by the
commissioner of public safety.
Subd. 5: Denial. No liquor license shall be issued, transferred, or renewed if the results
show to the satisfaction of the council that issuance would not be in the public interest. If the
City rejects an application made pursuant to this Section, the City Administrator shall, within 14
days, notify the applicant in writing of the following:
a) The grounds and reason for the denial;
b) A list of deficiencies that, when corrected, would allow a reconsideration of the
license application; and
c) Any appeal process(es) available to the applicant for reconsideration of the
license request.
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Subd. 6: Questioned Identity. Questioned identity situations may occur. Fingerprint
verification will be allowed for cases where it is not clear if a record based on a name and date of
birth search accurately corresponds to the subject of the inquiry.
Subd. 7: Person and Premises Licensed; Transfer. Each license shall be issued only to
the applicant and for the premises described in the application. No license may be transferred to
another person or place without City Council approval. Any transfer of stock of a corporate
licensee is deemed a transfer of the license and a transfer of stock without prior council approval
is a ground for revocation of the license.
Subd. 8: Notice of Availability of License. If an on-sale or off-sale license becomes
available because of non-renewal, recision or cancellation, or because of the availability of an
additional license not previously issued by the City, the City shall advertise the availability of the
license in the official legal newspaper of the City to provide notice of any interested parties. The
notice shall inform the public that an application shall be submitted with the required
investigation fee to the City Clerk/Administrator within 20 days of the date of publication. All
applications so received shall be investigated in accordance with Subds. 1 through 3 of this
section and the license may be granted after the City Council conducts a hearing on the various
applications pursuant to Subd. 4 herein. In the event of multiple applications for a single license,
the City Council shall consider the following criteria when determining the applicant to whom
the license shall be granted:
a) The applicant's past compliance with the general requirements of state and local
law.
b) The results of the background investigation, including general moral character,
any criminal charges or indictments not resulting in conviction, or conviction for
offenses not acting as a total bar to license eligibility.
c) The applicant's failure to comply with ordinances or regulation of the City of St.
Joseph or other municipality, or any deficiencies or delinquencies in the payment
of any taxes, assessments or other financial claims of the City of St. Joseph or any
other municipality.
d) The applicant's financial responsibility and ability to meet the legal requirements
of the operation of the licensed premises.
e) The intent and feasibility of the applicant to actively participate in the operation
and management of the licensed premises.
f) The attitude of the applicant toward the enforcement of liquor laws and laws
relating to liquor consumption.
g) The location at which the applicant proposes to operate the licensed premises, and
the manner in which the location will compliment or contradict surrounding
property uses, as well as the availability of off-street parking.
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h) Past experience of the applicant in the operation of a liquor establishment.
i) Insurability of the applicant.
Section 701.10: PERSONS INELIGIBLE FOR LICENSE. No license shall be granted
to or held by any person:
a) Under 21 years of age.
b) Who is not of good moral character or repute.
c) Who, if he/she is an individual, is not a resident of the State of Minnesota, or does
not become a resident of the State of Minnesota within 90 days after the license is
issued. If the applicant is a corporation, at least one principal officer of the
corporation must be a resident of the State of Minnesota or must become a
resident of the State of Minnesota within 90 days after the license is issued.
d) Who is or has been convicted of any violation of any law in the United States or
the State of Minnesota or of any local ordinance regarding the manufacture, sale,
distribution, or possession for sale or distribution of intoxicating liquor, or whose
liquor license has been revoked or who has committed a willful violation of any
such laws or ordinance.
e) Who is a manufacturer or wholesaler of intoxicating liquor or is interested directly
or indirectly in the ownership or operation of any such business.
f) Who is directly or indirectly interested in any other establishment in the
municipality to which a license of the same class has been issued under this
Ordinance.
g) Who has not met the general requirements for City approvals under Section
104.06 of the St. Joseph Code of Ordinances.
Section 701.06(g) added: 11/2013
Section 701.11: PLACES INELIGIBLE FOR LICENSE.
Subd. 1: General Prohibition. No license shall be issued for any place or any business
ineligible for such a license under state law.
Subd. 2: Delinquent Taxes and Charges. No license shall be granted for operation on
any premises on which taxes, assessments, or other financial claims of the City are delinquent
and unpaid.
Section 701.12: CONDITIONS OF LICENSE.
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Subd. 1: In General. Every license is subject to the conditions in the following
subdivisions and all other provisions of this ordinance and of any other applicable ordinance,
state law or regulation.
Subd. 2: Licensee's Responsibility. Every licensee is responsible for the conduct of
his/her place of business and the conditions of sobriety and order in it. The act of any employee
on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the
licensee as well, and the licensee shall be liable to all penalties provided by this ordinance and
the law equally with the employee.
Subd. 3: Inspections. Every licensee shall allow any peace officer, health officer, or
properly designated officer or employee of the City to enter, inspect, and search the premises of
the licensee during business hours, within one and one-half hours after the closing times as
prescribed by law or at anytime anyone is present on the licensed premises.
Subd. 4: Annual Fire Inspection. Every licensee shall complete a Fire Inspection to
check for the following:
a. Unobstructed exits;
b. Verification of posted occupancy load
c. Fire extinguishers
d. Kitchens – Fire suppression in hoods
e. Other Fire Hazards that may be present.
Such inspection must be completed between May 15 and June 15 of each calendar year.
Licensees not completing and passing the inspection will not be eligible for renew or issuance.
Subd. 5: Removal of Trash and Debris. Trash and debris within the establishment’s
property or property within 50 feet of the establishment shall be cleaned no later than 9:00AM
the following day, and all trash and debris located within that area, or trash and debris located
adjacent to the area but originating from the designated outside area, shall be picked up and
removed within that time period. Trash and debris consists of, but is not limited to cigarette buts,
glass, paper, cans and other rubbish.
Subd. 6: Transaction Device Scanner: License holders with a 2:00 a.m. State License are
required to use a transaction scan device or similar approved method at a point of sale or entry to
verify the age and identification of patrons. “Transaction scan device” means any commercial
device or combination of devices used at a point of sale or entry that is capable of deciphering in
an electronically readable format the information encoded on the magnetic strip or bar code of a
driver’s license or other government-issued photo identification. Proof of use will include
random checks as well as the establishment seizing and releasing to the Police Department all
false identification cards obtained.
Subd. 7: Seized Identification Forms: A licensed retailer or municipal liquor store may
seize a form of identification if the retailer or municipal liquor store has reasonable grounds to
believe that the form of identification has been altered or falsified or is being used to violate any
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law. A retailer or municipal liquor store that seizes a form of identification as authorized under
this paragraph must deliver it to a law enforcement agency within 24 hours of seizing such.
Subd. 8: Annual Meeting with Police Chief Required. Both the licensee and at least one
of the managers that is responsible for conducting the licensee’s business at which liquor is sold
must attend a meeting with the City’s Police Chief once per year to discuss the topics of liquor
license rules and their enforcement. The date, time and location of the meeting will be set by the
Police Chief.
Subd. 9: Nudity and Sexual Conduct Prohibited. The following acts or conduct on
licensed premises are strictly prohibited:
a) To employ or use any person in the sale or service of alcoholic beverages in or
upon the licensed premises while such person is unclothed or in such attire,
costume or clothing so as to expose or to view any portion of the female breast
below the top of the areola or of any portion of the pubic hair, anus, cleft of the
buttocks, vulva or genitals.
b) To employ or use services of any host or hostess while such host or hostess is
unclothed or in such attire, costume or clothing as described in Subd. 1 above.
c) To employ or use any dancers, musicians, or other performers or entertainers,
who are unclothed or in such attire, costume or clothing as described in Subd. 1
above.
d) To directly or indirectly sponsor any contests which may foreseeably cause, result
in or lead to the occurrence of the acts or incidents described in this Subd. 5.
e) To encourage or permit any person on the licensed premises to touch, caress or
fondle breasts, buttocks, anus or genitals of any employee of the licensee or any
performers or entertainers who are employed or whose services are used by the
licensee.
f) To permit any person to perform acts of or acts which simulate:
1. With or upon another person sexual intercourse, sodomy, oral copulation,
flagellation or any sexual act which is prohibited by law.
2. Masturbation or bestiality.
3. With or upon another person the touching, caressing or fondling of the
buttocks, anus, genitals or female breasts.
4. The displaying of the pubic hair, anus, vulva, genitals or female breasts
below the top of the areola.
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g) To permit any person to use artificial devices or inanimate objects to depict any of
the prohibited activities described above.
h) To permit any person to remain in or upon the licensed premises, or any area
owned or controlled by the licensee which is viewable from upon the licensed
premises, who exposes to public view any portion of his or her genitals or anus.
i) To permit the showing of film, still pictures, electronic reproduction, or other
visual reproduction depicting:
1. Acts or simulated acts of sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation, or any sexual act which is
prohibited by law.
2. Any person being touched, caressed or fondled on the breast, buttocks,
anus, or genitals.
3. Scenes wherein a person displays the vulva, the anus or the genitals.
4. Scenes wherein artificial devices or inanimate objects are employed to
depict, or drawings are employed to portray, any of the prohibited
activities described herein.
j) A violation of any portion of this section shall be punishable as a misdemeanor.
Both the licensee and the person(s) actually engaging in any of the prohibited acts
shall be criminally liable. Any violation of this section shall also constitute
grounds for revocation or suspension of the licensee's license, in accordance with
the rules and procedures otherwise established by this ordinance and state law.
Section 701.13: HOURS OF OPERATION.
Subd. 1: Applicability of State Laws. No sale of intoxicating liquor shall be made at any
time when the sale of intoxicating liquor shall be prohibited by state law, except that no sale of
intoxicating liquor shall be made between 2:00 a.m. and 8:00 a.m. on the days of Monday
through Saturday, nor after 2:00 a.m. and 10:00 a.m. on Sunday, except as provided by Section
701.09 Subdivision 2.
Subd. 2: Sunday Liquor. A restaurant, club, or hotel with a seating capacity of at least
30 persons and which holds an on sale intoxicating liquor license may sell intoxicating liquor for
consumption on the premises in conjunction with the sale of food after the hour of 10:00 a.m. on
Sundays. An establishment serving intoxicating liquor on Sundays must obtain a Sunday
license. Any establishment requesting a Sunday license must show that they are in conformance
with the Minnesota Clean Air Act. A license must be issued by the governing body of the
municipality for a period of one year, and a fee as established by resolution of the City Council
may be charged, but in no event shall said fee exceed the sum of Two Hundred Dollars ($200).
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The sale of liquor on Mondays between the hours of 12:00 a.m. and 1:00 a.m. is permitted unless
otherwise prohibited by State law.
Subd. 3: Display of Liquor after Hours. All persons, except the licensee, his/her bona
fide employees, and the law enforcement officers, shall be excluded from the premises within 30
minutes after the expiration of the time on any day when intoxicating liquor may be legally sold
therein. It shall be unlawful to permit the consumption or displaying of intoxicating liquors later
than 30 minutes after the sales must terminate. It shall be conclusively presumed that any
intoxicating liquor remaining on a bar or in a booth or on a table thereafter shall be for the
purpose of consuming the same in violation of this section.
Subd. 4: Enforcement by Licensee. The named licensee shall be responsible for the
enforcement of this section and failure to do so shall be a violation of this Ordinance whether the
named licensee, or any officer thereof, is physically present when the offense occurred.
If the licensee is operating any other lawful business in the building in which the licensed
bar is located, no intoxicating liquor shall be served, nor permitted to be consumed, on the
premises where such other business is conducted during the time when the bar must be closed as
aforesaid.
Subd. 5: Sales after 1:00 a.m. Permit Fee: No licensee may sell intoxicating liquor or 3.2
percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the licensee has
obtained a permit from the Commissioner. Application for the permit must be on a form the
Commissioner prescribes. Permits are effective for one year from the date of issuance. The fee
for the permit is based on the licensee’s gross receipts from on-sale of alcoholic beverages in the
12 months prior to the month in which the permit is issued and is at the rates established in
Minnesota Statute 340A.504, Subd. 7.
Section 701.14: CLUBS. No club holding a special club license shall sell liquor except
to members. No other licensed club shall sell liquor except to members, and to guests in the
company of members.
Section 701.15: RESTRICTIONS ON PURCHASE OR CONSUMPTION.
Subd. 1: Persons to Whom Sale is Illegal.
a) No persons to whom the sale of intoxicating liquor is forbidden by state law shall
misrepresent his/her age for the purpose of obtaining intoxicating liquor nor shall
he/she enter any licensed premises under this Ordinance in order to procure said
beverages, or to consume or purchase, or attempt to purchase, or have another
purchase for him, such beverages on licensed premises.
b) No person shall induce a person to whom the sale of intoxicating liquor is
forbidden by state law to purchase or procure intoxicating liquor.
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c) Except as hereinafter provided, no person to whom the sale of intoxicating liquor
is forbidden shall enter or remain in any place where intoxicating liquors are sold
or given away. A person to whom the sale of intoxicating liquor is forbidden may
be permitted to remain in specified areas of licensed premises if said person:
1. Is accompanied by his/her parent or legal guardian, or
2. Is in the restaurant for the purposes of eating, or
3. Is in a bona fide bowling establishment for the purpose of bowling or
watching others bowl, or
4. Is in an approved game room area no later than 9:00 p.m. for the purpose
of using or watching others use amusement devices, or
5. Is an employee of the licensed premises who is 18 years of age or older
and is on the premises for purposes of his/her employment, or
6. Is a guest at a private reception or party.
d) For the purposes of this ordinance:
1. Private Reception or Party. Shall mean an event held in licensed premises
that is not open to the public and attendance is limited to a discreet and
identifiable group of persons invited by a host, which group may include
persons under the age of twenty-one (21).
2. Host. For purposes of this ordinance is a person, at least 21 years of age,
who has rented a discreet portion or all of the licensed premises, which
person is financially responsible for the rental of the premises. The general
public may not be allowed into or invited to the private party.
3. Game Room. Is defined as an enclosed area, separate and apart from the
areas in which intoxicating liquor is sold or served, which is equipped
with amusement devices and which has as its primary purpose the use and
enjoyment of said amusement devices, provided, however, that no such
area shall qualify as a game room if intoxicating liquor is served or
delivered to the area by the licensee or his/her employees, before 9:00
p.m. Licensees seeking to establish and operate an approved game room
area must first apply to the City Council for approval and must show that
the area so designated conforms to the definition of "game room" set forth
above. Council approval of any such area is required before minors may
be allowed in the licensed premises pursuant to subparagraph d) of this
subdivision.
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4. Licensed premises. Shall not include any enclosed area, separate and
apart from the area in which intoxicating liquor is sold or served, provided
that such area is separated by an impermeable floor to ceiling barrier from
the area in which intoxicating liquor is sold. Any licensee maintaining
such an area at the same site as a licensed premises, shall be responsible
for preventing persons under the legal age for purchasing intoxicating
from entering the licensed premises and preventing the transport of any
intoxicating liquor from the licensed premises into the separate area. The
presence of an underage person in the licensed premises or the presence of
alcohol in the separated area shall both be deemed violations of this
ordinance subdivision by the named licensee.
e) The named licensee shall be responsible for enforcement of this subdivision, and
failure to do so shall be a violation of this Ordinance by the licensee whether the
named licensee, or any officer thereof, be physically present when the offense
occurred.
Subd. 2: Consumption in Public Place.
a) No persons shall mix or prepare liquor for consumption in any public place or
place of business not licensed to sell liquor "on sale" and no person shall consume
liquor in any such place.
b) No liquor shall be sold or consumed on a public highway or in an automobile in
any public place in the City of St. Joseph.
c) No liquor shall be consumed or carried in an open container on any public street,
highway, alley, public sidewalk, public parking lot or private parking lot which is
open for use by the general public.
d) No person shall consume or carry an open container of any liquor on any parking
lot provided for the patrons of a licensee under this Ordinance. The licensee shall
be responsible for the enforcement of this Section 701.12, Subdivision 2(d), and
permitting any person to consume or carry an open container of liquor on any
parking lot provided for the patrons of a licensee under this Ordinance shall be a
violation of this Ordinance by the licensee.
e) For purposes of Section 701.12, Subd. 2 of this Ordinance, the term "Liquor"
shall mean for purposes of inclusion but not limitation, all intoxicating liquor and
spirits, intoxicating and non intoxicating malt liquors and wines.
f) For purposes of Section 701.12, Subd. 2, herein, "open container" is defined as
any type of container from which a liquid may be readily poured, consumed, or
otherwise removed, that has been opened, or the seal broken, or the contents of
which have been partially removed.
Updated 701.11, Subd. 2(f) on 2/05
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Subd. 3: Identification. Every person shall process and show proper identification to a
licensee, employee of a licensee or police officer when requested to do so when the following
circumstances exist:
a) The person is entering or present in the premises licensed for the sale of
intoxicating liquor.
b) The person is in possession of intoxicating or 3.2 percent malt liquor, either on or
off licensed premises.
For purposes of this ordinance, proper identification shall be limited to a valid driver’s
license or official state identification card.
Subd. 4: Consumption off the Premises. All intoxicating liquor sold "on-sale" shall be
possessed and consumed inside the building where purchased "on-sale" except as allowed in
Subdivisions 5 and 6 of this section. No person shall possess or consume any intoxicating liquor
outside the building of an "on-sale" business if said intoxicating liquor was purchased "on-sale"
except as allowed in Subdivisions 5 and 6 of this section. The licensee shall be responsible for
the enforcement of this provision, and permitting a person possessing intoxicating liquor "on-
sale" to leave the building shall be a violation of this Ordinance by the licensee.
Subd. 5: Permanent Outside Outdoor Liquor Sales. Notwithstanding the provisions of
Section 701.12, Subdivisions 2, 3 and 4 herein, a licensee shall be allowed to sell intoxicating
liquor and may allow persons to possess and consume said intoxicating liquor outside of a
building of an "on sale" business by applying for an Outdoor Sales Permit and pursuant to the
following terms and conditions:
a) Time. Sale of liquor in the licensed area is limited to the hours commencing at 10:00
AM and ending at 10:00 PM. Licensees, employees, and agents of any licensee will
not serve, dispense or in any manner furnish liquor in the licensed area at any other
time.; nor permit the presence of any open bottle or open receptacle containing liquor
in the licensed area within 30 minutes after the expiration of the time of any day when
liquor may be legally sold.
b) Access. The primary access and egress shall be from the main premise or structure
and no other access or egress shall be allowed other than those required as emergency
exits.
c) Free Passage Controlled. The premise shall be defined or structurally constructed so
as to prohibit the free passage of any person or substance from the licensed area.
d) Supervision. A designated employee shall be assigned, at all times of operation, the
responsibilities of supervision of the activities within the Outdoor Sales area.
e) No Live Entertainment. Live entertainment or the use of sound producing equipment
in the licensed area except as permitted by the City Council through an amendment of
the Outdoor Sales Permit. All noise shall be controlled in such a manner that it
remains in compliance with noise control regulations as set forth in the St. Joseph
Code of Ordinances
f) Debris. Debris within the designated outside area shall be cleaned within one hour
after the closing of the area, and all debris located within the area, or debris located
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adjacent to the area but originating from the designated outside area, shall be picked
up and removed within that time period.
g) Additional Terms and Conditions. Any application granted for the licensed area
premises will be granted upon such additional terms and conditions as the Council
may specify.
h) Expiration. Each Outdoor Sales Permit issued pursuant to this subdivision expires
th
June 30 of each year. Application for the succeeding year may be made at any time
during that year.
i) Insurance. Any establishment offering outdoor liquor service must file with the City
evidence on insurance insuring against liability imposed by law arising out of the
ownership, maintenance or operation of such liquor service. The certificate must state
that all coverage afforded to the enclosed premise is extended to the outdoor service
area. The certificate must further state that coverage may not be cancelled except
upon ten days written notice with the City Administrator’s Office. Sale of liquor
within the outdoor service area must cease at any time the required insurance is not in
place.
j) No Expectation of Renewal. Any action of the City allowing outdoor sales must be
deemed experimental and as such, no expectation must be had by the licensee that the
outdoor area will continue to be permitted through annual licensing, even though no
misconduct occurred in the outdoor area.
k) Violations. Any violations of the provisions of this Ordinance regulating Outdoor
Sales, or of the State Law regulating the sales of liquors, which occur in the licensed
area, shall be considered violations of the principal on-sale license for the premises.
l) License Fee. The annual fee for an Outdoor Sales Permit shall be established by
resolution of the City Council.
a) The said sale, consumption and possession is limited to property adjacent to and
contiguous with the building of the "on-sale" business, and on real property
owned or leased by the licensee. Under no circumstances shall the sale,
consumption or possession of the intoxicating liquor occur on any public streets,
alleys, sidewalks, park or other public property.
b) The area in which sale, consumption and possession of intoxicating liquors may
occur shall be clearly designated and enclosed by permanent fencing, which will
effectively control ingress and egress to the designated area, limiting ingress and
egress to specific entrances and exits which must be effectively controlled by the
licensee, his/her agents or employees. The fence shall be at least six feet in height
but shall not be more than ten feet in height, and shall be constructed as a "privacy
fence" so as to obstruct the view into the designated area from off the licensed
premises; except, if the area is for sport-type recreational use, a chain link fence is
deemed sufficient. The fence shall comply with structure and building setback
requirements for the property on which it is constructed.
c) The licensee, his/her agents or employees shall be present at the designated
outside area at regular intervals for the purpose of supervising the activity of those
701-17
persons purchasing, possessing or consuming intoxicating liquor and further for
the purpose of controlling ingress and egress to the designated area.
d) No intoxicating liquor shall be sold, served, possessed or consumed in the
designated area outside of the building of an "on-sale" business later than 10:00
o'clock p.m. Customers or patrons shall not be allowed to remain in the outside
area later than 10:15 o'clock p.m. The provisions of the St. Joseph Noise
Ordinance (Ordinance 1002) shall apply to the activities occurring in the outside
area, including the playing of music. All activities must conform to the noise
limitations established by Ordinance 1002.
e) The licensee shall be responsible for the conduct of all persons present in the
designated outside area. No person so located shall engage in obscene, vulgar or
offensive language which can be heard outside the premises owned by the
licensee, nor shall such persons engage in obscene or offensive conduct or actions
which may be observed from outside the premises of the licensee.
f) Debris within the designated outside area shall be cleaned within one hour after
the closing of the area, and all debris located within that area, or debris located
adjacent to the area but originating from the designated outside area, shall be
picked up and removed within that time period.
g) Outside liquor consumption shall be prohibited within 150 feet of any area within
the City zoned for residential use, as measured from the closest point of the
designated outside liquor area.
h) All other provisions of this ordinance and state law, applying to the sale of
intoxicating liquor, and the manner in which the licensee must conduct his/her
business shall apply to the designated outside area in a similar manner as they
apply to the licensed premises and the usual business conducted therein.
Subd. 6: Temporary Outside Liquor Permit.
a) Notwithstanding the provisions of Section 701.12, Subd.'s 2, 3 and 4 herein, a
licensee shall be allowed to sell intoxicating liquor and may allow persons to
possess and consume said intoxicating liquor outside of the building of an "on-
sale" business, pursuant to a special permit from the City. Each permit issued by
the City shall be applicable for a single designated period not to exceed 48 hours.
The permit shall designate whether it is an “event permit” or a “seasonal permit.”
An event permit shall be applicable for a single designated period not to exceed
48 hours. A seasonal permit shall be valid from May 1 through September 1, or a
designated portion thereof. Application for permit must be made to the City
Clerk/Administrator at least ninety (90) days prior to the date for which the permit
is to apply. Application shall be on a form prescribed by the City Council.
Application shall be made in the name of licensee, and the licensee assumes full
responsibility for any violation of the terms of the permit, this Ordinance or other
701-18
law resulting from acts or conduct occurring on the licensed premises at the time
the permit is in effect. Application for a permit shall be accompanied by a permit
fee established and amended from time to time by Council resolution. The fee is
non-refundable.
b) Upon receipt, the Clerk/Administrator shall forward the application to the Chief
of Police for review, comment and recommendation. Upon completion of police
review, the application shall be considered by the Council at a public meeting.
Prior to meeting, the applicant shall notify the owners of property adjacent to the
location of the proposed outside liquor of the pending application.
c) At the meeting, the Council may either deny or grant the permit and establish
reasonable conditions and regulations controlling the permitted activities.
When considering a permit request, the Council shall consider the following factors:
1. Protection of the peace and repose of the residents of the City.
2. The safety of City residents and their property.
3. The reasonable concerns of City residents within the vicinity of the
proposed activity.
4. The nature of the activity proposed and the manner in which the licensee
intends on controlling the activity.
5. The general land use of the surrounding neighborhood.
6. Past experience with events of a similar nature and events held by the
applicant.
7. Recommendations of the Police Department relative to public safety, law
enforcement and the creation of disturbance.
8. Whether the event is one of general community interest or is in the nature
of a civic event.
d) Permits for temporary outside liquor shall be subject to the following conditions.
1. Outside activities that are conducted in conjunction with liquor sales under
this license, including but not limited to the playing of live or recorded
music, shall cease at 9:30 p.m. except each license holder may on one
night during each calendar year extend the outside activities until 12:00
midnight if the following conditions are met:
701-19
a.) The event occurs on a Friday or Saturday, on July 3, or on the day
preceding Memorial Day or Labor Day; and
b.) The licensee has paid a surcharge in an amount established by
Resolution of the City Council.
2. When the licensee submits his/her application for temporary outside
liquor, he/she shall also submit to the Council a Complaint Mitigation
Plan. This Plan shall outline actions required by the licensee prior to,
during and after an event in order to mitigate the number of complaints
from the public regarding the event. The Plan shall be signed by the
licensee and must be approved and signed by each of the City’s
Department Chairpersons. When creating this plan the licensee shall
utilize the Complaint Mitigation Plan template provided with the
application forms.
3. Upon payment of the application fee, the licensee shall also submit
payment in the amount of $1,000 that will be deposited into an escrow
account by the City and will be used to make payments for repairs, clean-
up, fines and other expenses that the City will incur as a direct result of the
licensed event(s). Those funds that are not used shall be returned to the
licensee.
4. The licensee shall provide an appropriate number of properly trained
security personnel to keep order and control during the entire license
period.
e) In granting a permit for temporary outside liquor, the Council shall establish
reasonable conditions to protect public health, safety, repose and property in
addition to those listed above. The conditions established by the Council may
include, but are not limited to, the following:
1. Limitation of the specific activities permitted.
2. Require measures to limit or regulate noise.
3. Limit the number of participants.
4. Make special provisions for additional parking.
f) In addition to those stated in the permit, all temporary outside liquor event permits
shall be subject to the following terms and conditions:
1. Outside liquor shall only be allowed on the licensed premises.
701-20
2. Ingress and egress to and from the area in which liquor is served,
consumed or possessed must be effectively controlled by a fence, tent
wall, building or other structure.
3. The licensee, his/her agents or employees shall supervise the activities or
persons within the outside liquor area for the purpose of enforcing the
state and local liquor laws, and controlling ingress and egress to the area.
4. No live or recorded music may be played within the outside liquor area
after 9:30 p.m., unless a written noise mitigation plan has been approved
by Council Resolution for that specific event.
5. The permitted outside liquor area shall not cause an obstruction of a public
street, alley or sidewalk, unless specifically permitted by the Council.
6. The licensee shall repair any damage to public property directly resulting
from the activities, including but not limited to damage to pavement
caused by tent stakes and supports.
Subd. 7. Underage Consumption: No person under the age of 21 years shall consume
any alcoholic beverage, unless the alcoholic beverage is consumed in the household of said
persons parent or guardian and with the consent of the parent or guardian.
a) Penalty. A violation of this provision of this Ordinance is subject to the the fines
established in the alcohol matrix by the City Council.administrative penalty of $150. Any
subsequent offenses within a twenty-four (24) month period of the first offense shall be subject
to any additional fines and or suspension of the liquor license as established in the alcohol matrix
adopted by the City Council.
b) Administrative Provision. The administrative penalty provisions of this ordinance shall
be enforced pursuant to St. Joseph Administrative Penalties Ordinance 104.05.
c) Administrative Procedure Voluntary. Persons who contest their liability or refuse to
pay the assessed penalty will be charged through the normal judicial channels. At any time prior
to the payment of the administrative penalty as is provided for hereafter, the individual may
withdraw from participation in the procedures in which event the city may bring criminal charges
in accordance with law. Likewise, the city, in its discretion, may choose not to initiate an
administrative offense procedure and may bring criminal charges in the first instance.
d) Notice. Any officer of the City Police Department, and having authority to enforce this
Ordinance, shall, upon determining that there has been a violation, notify the violator. This
notice shall set forth the nature, date and time of violation, and amount of the scheduled penalty.
e) Failure to Pay. In the event a party charged with an administrative penalty under this
subdivision fails to pay the penalty, within 20 days, a misdemeanor charge may be brought
701-21
against the alleged violator in accordance with applicable state statutes. If the penalty is paid, no
such charge may be brought by the City for the same violation.
f) Disposition of Penalties. All penalties collected pursuant to this Subdivision shall be
paid to the City treasurer and may be deposited into the City’s general fund.
g) Subsequent Offenses. In the event a party is charged with a subsequent administrative
offense under this Subdivision within a twelve (12) month period of paying an administrative
penalty for the same or substantially similar offense, the subsequent administrative penalty shall
be increased to $200. Likewise, the city, in its discretion, may choose not to initiate an
administrative offense procedure and may bring criminal charges.
A third violation of the provision of this Ordinance within a twelve (12) month period of
paying an administrative penalty for the same or substantially similar offense will warrant
criminal charges.
Section 701.16: SUSPENSION AND REVOCATION. The Council may either revoke
or suspend for a period not to exceed sixty (60) days, any liquor license and/or assess a civil
monetary fine of not more than One Two Thousand Dollars ($12,000) upon a finding that the
licensee has failed to comply with any applicable statute, regulation, or ordinance relating to
intoxicating liquor. No suspension or revocation shall take effect until the licensee has been
afforded an opportunity for a hearing pursuant to Minn. Stat. § 14.57 to 14.69 of the
Administrative Procedure Act. However, this section does not require the City to conduct the
hearing before an employee of the Office of Administrative Hearings. The City may impose a
penalty or suspension under this section.
Section 701.17: BOTTLE CLUBS. Bottle Clubs as defined under M.S.A. 340A.101
shall be prohibited within the City limits of St. Joseph. It shall be unlawful for any private club
or for any business establishment without an authorized on sale liquor license, directly or
indirectly, or upon any pretense or by any devise to allow the consumption or display of
intoxicating liquor or the serving of any liquid for the purpose of mixing of intoxicating liquor.
Section 701.18: PENALTY. A violation of this ordinance constitutes a misdemeanor,
except any person violating Section 701.12, Subd.'s 2 or 4 of this Ordinance is guilty of a petty
misdemeanor. Violations of Section 701.12, Subd. 7 may be enforced through criminal and/or
civil sanctions as set forth above.
Section 701.19: LIMITATION OF ON SALE LIQUOR LICENSES. The number of on
sale liquor licenses which may be issued under Section 701.02, Subdivision 2, of this Ordinance
shall be limited to six licenses. Liquor license in excess of six may be permitted by Resolution
of the Council if the entity seeking the license is a restaurant and it has been determined that the
entity complies with the requirements established in operating a restaurant under Minnesota
Statute.
Section 701.20: LIMITATION OF EXCLUSIVE OFF-SALE LICENSES. The number
of exclusive off-sale liquor licenses (off-sale licenses not held and operated in conjunction with
701-22
an on-sale license) which may be issued under Section 701.02, Subd. 2 of this Ordinance, shall
be limited based upon the population of the City of St. Joseph, as follows:
Population of City
Exclusive Off-Sale Licenses Authorized
0 to 3,200 1
3,201 to 11,000 3
11,001 to 15,000 4
Over 15,000 5
The population of the City of St. Joseph shall be as established by the official census of
the United States Department of Commerce or the official population estimates produced by the
State Demographer's Office, whichever is most current.
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financial responsibility as set forth in Section 810:10, Subd. 2 of this Code.
(d) Upon review of the application, the City Council will approve or disapprove the license
in its discretion. The following license class will be used for the purposes of establishing
the license fee:
Class J: Temporary On-Sale.
Subd. 7. Sidewalk Cafes.
(a) Sidewalk Liquor Sales Allowed Within the Central Business District. Any restaurant
within the Central Business District to which an on-sale liquor license has been issued
and to which a permit has been issued under the provisions of Section 440:00 of this
Code, may have an area that is contiguous to the completely enclosed licensed premises
included in the area licensed to permit the sale and/or consumption of 3.2 percent malt
liquor or intoxicating liquors in such contiguous area that is not wholly within a
completely enclosed building. The licensee must declare its intention to provide outdoor
sales and service within the adjacent public right of way in its annual license application.
The Paramount Theatre may offer liquor sales and service within the adjacent public right
of way during programmed events without the requirement of ineal or food service.
(b) Limitations on Sidewalk Liquor Sales. Sale of liquor within the public right of way is
allowed subject to the following terms and conditions:
1. Time. Sales of liquor in sidewalk cafes are limited to the hours commencing at 10
a.m. and ending at 12 midnight. No licensee, nor the employee, nor the agent of any
licensee, will serve, dispense, or in any manner furnish liquor in a sidewalk cafe at
any other time; nor permit the presence of any open bottle or open receptacle
containing liquor in the unenclosed area within thirty minutes after the expiration of
the time of any day when liquor may be legally sold in the unenclosed area. No sales
are permitted in the unenclosed area during these times and on these days if otherwise
prohibited by the provisions of Section 810 of this Code.
2. Food Service Facilities. A restaurant offering sidewalk liquor sales must have
- facilities for serving not less than 30 guests at one time and must maintain an
adequate staff, including a cook whose duties must include the preparation or cooking
of ineals in a kitchen located on the premises, for service in the restaurant. Food
service must be available at all times during which sidewalk liquor sales are offered.
3. Barriers. Where barriers defining the unenclosed liquor service area are provided at
the discretion of the license holder, the service area may be defined by planters, walls,
rope, stanchions, contrasting colored pavers insta.11ed with permission of the City of
St. Cloud pursuant to Section 635:30, or decorative fences. Chain link fencing, snow
fencing, and other forms of demarcation determined by City Administration to be
inconsistent with the desired character of the Central Business District are prohibited.
4. Supervision. A Liquor Service Manager will be assigned at all times of operation the
responsibilities of supervising the activities within the sidewalk liquor service area.
5. Waste Collection. Covered garbage receptacles must be provided within the liquor
service area. No waste liquids, garbage, litter or refuse will be dumped or drained into
sidewalks, streets, gutters, drains, public trash receptacles or any other place except
those receptacles provided within the liquor service area or within the adjacent
restaurant.
6. General Standards. Private furniture and facilities must be installed and maintained in
compliance with all requirements of Section 635:30.
7. Insurance. Any establishment offering liquor service within the public right of way
must file with the City Clerk evidence on insurance insuring against liability imposed
by law axising out of the ownership, maintenance or operation of such liquor service.
The certificate must state that all coverage afforded to the enclosed premise is
extended to the outdoor service area. The certificate must further state that coverage
may not be cancelled except upon ten days written notice filed with the City Clerk's
Office. Sale of liquor within the public sidewalk must cease and facilities be removed
at any time the required insurance is not in place.
(c) No Expectation of Renewal. Utilization of the sidewalk for outdoor sales and service
must be deemed experimental and as such, no expectation must be had by the licensee
that the outdoor area will continue to be allowed through annual licensing, even though
no misconduct occurred win the outdoor area.
(d) Failure to Comply with Applicable Standards. Failure to comply with the provisions
of Section 810:05, Subdivision 7 and any other applicable provision of local, Sta.te, or
Federal law can result in forfeiture of the license holders' right to utilize the sidewalk for
outdoor sales and service. Private facilities must be removed at the sole expense of the
licensee upon order of the City of St. Cloud. Violations occurring within the public right
of way can be subject to penalty against the principal on-sale license for the premises.
Subd. 9. Seasonal Outdoor Sales.
(a) Seasonal Outdoor Sales Allowed. The sale of intoxicating liquors pursuant to any of
the licenses issued in accordance with Section 810 of the Code, will be limited to the sale
and consumption inside of a structure on the licensed premises, unless the licensee
declares its intention to provide for outdoor sale and service on the licensed premises in
its annual license application.
(b) Limitations on Area Licensed for Seasonal Outdoor Sales. Seasonal outdoor liquor
sales are allowed subject to the following terms and conditions.
l. Time. Sales of liquor in the licensed area is limited to the hours commencing at 10
a.m. and ending at 2:00 a.m. licensees, employees, and agents of any licensee, will not
serve, dispense or in any manner furnish liquor in the licensed area at any other time;
nor permit the presence of any open bottle or open receptacle containing liquor in the
licensed area within 30 minutes after the expiration of the time of any day when
liquor may be legally sold. Sales are not permitted in the licensed area during these
times and on these days if otherwise prohibited by the provisions of Section 810 of
this Code.
2. Access. The primary access and egress will be from the main premise or structure and
no other access or egress will be allowed other than those required as emergency
exits.
3. Free Passage Controlled. The outdoor sales area will be defined or structurally
constructed so as to prohibit the free passage of any person or substance beyond said
, area.
4. Supervision. A Liquor Service Manager will be assigned, at all times of operation,
the responsibilities of supervision of the activities within the licensed area.
5. No Live Entertainment. Live entertainment or the use of sound producing equipment
is permitted when controlled in such a manner that it remains in compliance with
noise control regulations set forth in this Code.
6. Food Service The restaurant which is the holder of the on-sale license must have
facilities for serving not less than 30 guests at one time and must maintain an
adequate staff, including a cook whose duties must include the preparation or cooking
of ineals in a kitchen located on the premises, for service in the restaurant.
7. Insurance. Any establishment offering outdoor liquor service must file with the City
Clerk evidence on insurance insuring against liability imposed by law arising out of
the ownership, maintenance or operation of such liquor service. The certificate must
state that all coverage afforded to the enclosed premise is extended to the outdoor
service area. The certificate must further state that coverage may not be cancelled
except upon ten days written notice filed with the City Clerk's Office. Sale of liquor
within the outdoor service area must cease at any time the required insurance is not in
place.
(c) No Expectation of Renewal. Any action of the City allowing outdoor sales must be
deemed experimental and as such, no expectation must be had by the licensee that the
outdoor area will continue to be permitted through annual licensing, even though no
misconduct occurred in the outdoor area.
(d) Violations Impact Principal License. Any violations of the provisions of this
ordinance allowing seasonal outdoors sales, or of the State law regulating the sales of
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3-2-17: SEASONAL OUTDOOR SALES
The sale of liquors pursuant to any of the licenses issued with this chapter shall be limited to
sale and consumption inside of a structure on the licensed premises, unless the licensee
applies for and receives permission from the City for sale and consumption outside of the
structure on the licensed premises as indicated by receipt of a license to conduct "Seasonal
Outdoor Sa1es". An on-sale license holder which is a restaurant as defined in this chapter
may include in the application or re-application the additional request to have an area that is
contiguous to the completely enclosed licensed premises included in the area licensed to
permit the sale and/or consumption of liquor in such contiguous area that is not wholly within a
completely enclosed building. The contiguous area shall not be part of a public grounds and
such area must be specified as included on the liquor liability insurance certificate.
Each application pursuant to this section sha11 contain a description of the outdoor area that is
proposed to be licensed and shall be accompanied by a drawing of the proposed area to be
licensed. Such application shall also include a detailed description of the barriers that will
be used,method of seating,ingress and egress arrangements,security provisions,sanitary and
fire arrangements, and lighting. The drawing required hereunder must include the
dimensions of the area, barriers,tables, aisles, and equipment, and must be drawn
proportionately to scale. The drawing shall also include adjacent properties and uses (e.g.
residential,commercial).Live entertainment or the use of sound producing equipment in the
licensed area is prohibited except upon receipt of a special permit issued separately by the
City.
City staff will review such request for seasonal outdoor sales of liquors for suitability of the
proposed location in light of applicable fire, building and life safety codes, zoning
ordinances,past performance of the licensee in maintaining order and obeying applicable laws
in the licensed outdoor area and in the principal licensed premises,the adequacy of the
proposal to provide for the safety of persons on the proposed premises, impact on the
surrounding land, adequacy of lighting, appropriateness of noise level, suitability of ingress
and egress arrangements including control of persons entering and leaving for purposes of
preventing consumption by minors and safety arrangements. An application may be denied
based on the following non-exclusive list of factors:
A. Inability to comply with fire,building and life safety codes or inability to comply with
zoning ordinances;
B. Occurrences of disarderly conduct;
C. Demonstrated history or inability to provide safety on the premises;
D. Adverse impact on surrounding land, inadequate lighting, in appropriate noise levels;
E. Unsuitable ingress and egress arrangements;
F. Such other grounds if the City finds that issuing the permit is not in the best interest of
the general health,welfare and safety of the citizenly.
Sales of liquor in approved outdoor locations is limited to the hours commencing at 10:00
a.m. and ending at 10:00 p.m. from April 15`''through October 15`''of any year. Any
licensing of premises must be deemed experimental and as such,no expectation must be
made by the licensee that the licensing of outdoor areas will be renewed,even though no
misconduct occurred in the outdoor area, in the event the City Council determines to repeal
the general authorization for seasonal outdoor sales.
3-2-18: CONDITIONS OF LICENSE:
The failure of a licensee to meet any one of the conditions of the license specified below
sha11 result in a suspension of the license until the condition is met.
A. Within 90 days after employment,every person selling or serving liquor in
an establishment which has an on-sale license shall receive training
regarding the selling or serving of liquor to customers.The training sha11 be
provided by an organization approved by the Council. Proof of training sha11
be provided by the licensee.
B. Every licensee is responsible for the conduct of the place of business and the
conditions of sobriety and order in it.The act of any employee on the licensed
premises is deemed the act of the licensee as well, and the licensee shall be
liable to all penalties provided by this chapter and the law equally with the
employee.
C. Every licensee shall a11ow any peace officer,health officer, city employee, or
any other person designated by the Council to conduct compliance checks
and to otherwise enter,inspect,and search the premises of the licensee during
business hours and after business hours during the time when customers
remain on the premises without a warrant.
D. No on-sale establishment sha11 display liquor to the public during hours when
the sale of liquor is prohibited.
E. Compliance with financial responsibility requirements of state law and of this
chapter is a continuing condition of any license.
3-2-19: HOURS AND DAYS OF SALE:
A. The hours of operation and days of sale shall be those set by M.S. §340A.504,as
it may be amended from time to time, except that the City Council may,by
resolution or ordinance,provide for more restrictive hours than state law allows.
B. No person sha11 consume nor sha11 any on-sale licensee permit any
consumption of intoxicating liquor or 3,2 percent malt liquor in an on-sale
licensed premises more than 20 minutes after the time when a sale can
legally occur.
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G. Limitations on area licensed for Seasonal Outdoor Sales.
1. Time. Sales of liquor in the licensed area is limited to the hours commencing at 10:00 AM and
ending at 12:00 AM. No licensee, nor the employee, nor the agent of any licensee,shall serve,dispense
or in any manner furnish intoxicating liquor in the licensed area at any other time; nor permit the
presence of any open bottle or open receptac{e containing intoxicating liquor in the licensed area within
thirty minutes after the expiration of the time of any day when intoxicating liquor may be legally sold.
No sales are permitted in the licensed area during these times and on these days if otherwise prohibited
by the provisions of Section 4.18A of this Code.
2. Access. The primary access and egress shall be from the main premise or structure and no other
access or egress shall be allowed other than those required as emergency exits.
3. Free Passage Controlled. The premise shall be defined or structurally constructed so as to prohibit
the free passage of any person or substance from the licensed area.
4. Supervision. A Designated Employee shall be assigned,at all times of operation,the responsibilities
of supervision of the activities within the Outdoor Sales area.
5. No Live Entertainment. Live entertainment or the use of sound producing equipment in the licensed
area is prohibited except as permitted by the City Council through an amendment of the Seasonal
Outdoor Permit or Special Event Permit. All noise shall be controlled in such a manner that it remains in
compliance with noise control regufations set forth in this Code.
H. Additional Terms and Conditions. Any application granted for the licensed area premises will be
granted upon such additional terms and conditions as the Council may specify.
I. Expiration. Each seasonal outdoor sales license issued pursuant to this Subdivision expires June
30th of each year(July 1 through June 30). Application for the succeeding year may be made at any time
during that year.
J. No Expectation of Renewal. Each Outdoor Sales license must be deemed experimental and as
such, no expectation must be had by the licensee that the licensing of the outdoor area will be renewed,
even though no misconduct occurred in the outdoor area,or in the event the City Council determines to
repeal the general authorization for Outdoor sales.
K. Violations Impact Principal License. Any violations of the provisions of this ordinance regulating
Outdoors Sales,or of the State Law regu{ating the sales of liquors,which occur in the licensed area,shall
be considered violations of the principal on-sale license for the premises.
L. License Fee.The annual fee for an Outdoor Sales license shall be$200.00.