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City of Silver Lake - Ordinance #90

City of Silver Lake

ORDINANCE 90: AN ORDINANCE AMENDING CHAPTER 11 OF THE SILVER LAKE MUNICIPAL CODE REGARDING LIQUOR REGULATIONS.
The City Council of the
City of Silver Lake, Minnesota does hereby ordain:

Section 1. Chapter 11 of the Silver Lake Municipal Code shall be amended as follows:

Chapter 11
Liquor Regulations
Section 1.
Definitions of Terms.
a. As used in this ordinance, the term "person" shall mean and include a natural person of either sex, persons, co-partnership, corporations and associations of persons; and shall include the agent or manager of any of the aforesaid. The singular number shall include the plural and the masculine pronoun shall include the feminine and neuter.
b. “3.2% Malt Liquor” shall mean malt liquor containing not less than 0.5% alcohol by volume, nor more than 3.2% alcohol by weight. This definition includes so-called “malt coolers” within the alcoholic content limits stated herein.
c. “Intoxicating Liquor” or “Liquor” shall mean ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight. This definition includes so-called “wine coolers” within the alcoholic content limits stated herein.
d. “Wine” shall mean a beverage made without rectification or fortification by the fermentation of sound ripe grapes, grape juice, other fruits or honey, and also carbonated wine, wine made from condensed grape must, wine made from other agricultural products, imitation wine, compounds sold as “Wine”, vermouth, cider, perry and sake, containing not less than 0.5%, nor more than 14%, alcohol by volume. This definition includes so-called “wine coolers” within the alcoholic content limits stated herein.
e. “Off-Sale” shall mean the sale of alcoholic beverages in original packages for consumption off the licensed premises only.
f. “On-Sale” shall mean the sale of alcoholic beverages for consumption on the licensed premises only.
g. “Alcoholic Beverage” shall mean any beverage containing more than 0.5% alcohol by volume, including, but not limited to, 3.2% malt liquor, wine and liquor as defined in this section.
h. "Original package" as used herein shall mean the bottle or sealed container in which the liquor is placed at the place of manufacture.
i. "Cafe" or "Restaurant" as used in this ordinance shall mean any place where preparing and serving lunches or meals to the public to be consumed on the premises constitutes the major business thereof.
Section 2.
Regulation of 3.2% Malt Liquor.
Subd. 1. License Required.
a. No person shall sell, vend, deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any 3.2% Malt Liquor within this City without first having obtained a license therefor as hereinafter provided. Licenses shall be of two (2) kinds: "On-Sale" and Off-Sale".
b. "On-Sale" licenses shall be granted only to drug stores, cafes, restaurants and hotels where food is prepared and served for consumption on the premises and shall permit the sale of such liquor for consumption on the premises only.
c. "Off-Sale" licenses shall be granted to permit the sale of retail and wholesale of such liquor in the original packages for removal from and consumption off the premises only.
Subd. 2. Application for License. All applications for any license to sell 3.2% Malt Liquor shall be made on forms to be supplied by the City setting forth the name of the person asking for such license, his age, his citizenship, references as to his character, the location where such business is to be carried on, whether such application is for "on-sales" or "off-sales" in the business in connection with which the proposed license will operate, whether applicant is owner and operator of such business, the time such applicant has been in that business at that place, and such other information as the City Council may require from time to time. It shall be unlawful to make any false statement in any application.
Subd. 3. Fees. All applications for licenses shall be accompanied by a receipt from the Clerk/Treasurer for the required annual fee for such licenses. All such fees shall be paid in to the general fund of the City. Upon rejection of any application for a license, the Clerk/Treasurer shall refund the amount paid. Annual license fees are set by the City pursuant to the City’s license fee schedule. All licenses shall expire on the last day of December in each year.
Subd. 4. Granting of Licenses. The City Council shall cause an investigation to be made of all facts set forth in the application. An opportunity shall be given to any person to be heard for or against the granting of any license. After such investigation, the City Council shall grant or refuse any such application in its discretion. All licensed premises shall have the license therefore posed in a conspicuous place at all times.
Subd. 5. Condition of Licenses.
a. All licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this chapter, and subject to all other ordinances of the City applicable thereto.
b. No license shall be granted to any person under twenty-one (21) years of age.
c. No license shall be granted for sale on any premises where a license has been convicted of the violation of this chapter or where any license hereunder has been revoked for cause for at least one (1) year after the said conviction or revocation.
d. No sale of any 3.2% Malt Liquor shall be made to any person under guardianship, nor to any person under the legal age as determined by the laws of the State of Minnesota, nor to any intemperate person or habitual drunkard.
e. All licensed premises shall be open to any police or health officer or other properly designated officer or employee of the City at any time during which the place so licensed is open to the public for business.
f. No gambling, nor any gambling devices prohibited by law, nor the drinking of intoxicating liquor shall be permitted on any licensed premises.
g. All licenses granted under this ordinance shall be issued to the applicant only and shall be issued for the premises described in the application. Such license shall not be transferred to another place without the approval of the City Council.
h. No license shall be granted to any manufacturer of 3.2% Malt Liquor not to anyone in control of any place of manufacture of 3.2% Malt Liquor. No equipment or fixture in any licensed place shall be owned in whole or in part by any such manufacturer, or person in such control.
i. No license shall be granted within 50 feet of any public school or other school or of any church.
j. Licenses shall be granted only to persons who are citizens of the United States and residents of the City of Silver Lake and to persons of good moral character.

Subd. 6. Temporary 3.2% Malt Liquor License.

(A) A club or charitable, religious or non-profit organization shall qualify for a temporary on-sale 3.2% Malt Liquor license. It is required that any club or charitable, religious or non-profit organization applying for a temporary 3.2% malt liquor license must have a Silver Lake address.
(B) A temporary license if submit to the terms set by the City. The Council may, but at no time shall, it be under any obligation whatsoever to, grant a temporary 3.2% malt liquor license on premises owned or controlled by the city. This type of license may be conditioned, qualified or restricted as the Council sees fit.

Subd. 7. Hours of Operation

(A) 3.2% Malt Liquor; On-Sale. No sale of 3.2% Malt Liquor for consumption on a licensed premises may be made:
a. Between the hours of 1:00 a.m. and 8:00 a.m. on Saturday and Sunday;
b. Between the hours of 12:00 a.m. (midnight) and 8:00 a.m. Monday through Friday.

(B) All customers shall leave the premises by 12:30 a.m. Monday through Friday and 1:30 a.m. Saturday and Sunday.

Subd. 8. Partition, Box or Screen Permitted, as Limited Herein.
All windows in the front of any such place shall be of clear glass, and the view of the whole interior shall be unobstructed by screens, curtains or partitions. There shall be no partition box, stall, screen, curtain or other device which shall obstruct the view of any part of said room from the general observation of persons in said room; provided, however, that partitions, subdivisions or panels not higher than forty-eight (48) inches for the floor shall not be considered as in conflict with the foregoing.

Subd. 9. Revocation.

Any license granted hereunder may be revoked by the City Council without notice to the grantee in such cases within the judgment of the City Council where immediate action is required for the protection and safety of the public, but in those events, a hearing must be had within ten (10) days and the licensee shall be notified of said hearing and notified of his right to be heard and to present evidence in opposition to the revocation. In all other events, the City Council must first set for hearing a proposed revocation, and must notify the licensee at least ten (10) days prior to the date for hearing. The notice to the licensee must inform the licensee that the purpose of the hearing is to determine whether to revoke his license, and further inform him that he is entitled to be heard, and to present testimony at the hearing. Any violation of any of the provisions or conditions of this Ordinance or any falsification of any statement in the application for the license shall be grounds for revocation. In the event of revocation, no portion of the license fee paid into the City Treasury shall be returned.

Subd. 10. Prohibited Sale.

Nothing hereunder shall permit the manufacture, sale, or transportation of, or taking or receiving, or soliciting, any liquor of a greater alcoholic content than three and two-tenths by weight except for medicinal, pharmaceutical or scientific purposes, and any such act is hereby made unlawful. Any violation of any of the provisions of this ordinance upon any premises licensed hereunder which result in a conviction in a court of law, shall be grounds for immediate revocation of the license in accord with Subd. 9. Revocation. The violator shall not be granted a license in the City for period of one (1) year from the date of said revocation.
Section 3.
Regulation of On-Sale Intoxicating Liquors. (Amended 7/7/08 Ord. 70)

Subd. 1. On-Sale Intoxicating Liquor License Required

(A) It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale or otherwise dispose of intoxicating liquor as part of a commercial transaction, without a license from the City.
(B) No retail on-sale intoxicating liquor license may be issued to:
a. A person under 21 years of age,
b. A person who has had an intoxicating liquor or 3.2 malt liquor license revoked with five years of license application, or to any person who at the time of the violation owns any interest in the corporation, partnership or association business,
c. A person of not good moral character and repute, or
d. A person who has a direct or indirect interest in a manufacturer, brewer or wholesaler.
(C) The City may issue an on sale intoxication liquor license to the following establishments located within its jurisdiction (1) hotels, (2) restaurants, and (3) clubs or congressionally chartered veterans organizations with the approval of the commissioner provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests.
a. Club. “Club” is an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans’ organization, which:
i. Has more than 30 members;
ii. Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members;
iii. Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body.
b.Hotel. “Hotel” is an establishment where food and lodging are regularly furnished to transients and which has:
i. A dining room serving the general public at tables and having facilities for seating at least 30 guests at one time; and
ii. Guest rooms in the amount of 10.
c. Restaurant. “Restaurant” is an establishment, other than a hotel, under the control of a single proprietor or manager, where at least 70% of Gross Sales are derived from the sale of food, the meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating capacity of at least 50 for guests as prescribed by the appropriate license issuing authority.

Subd. 2. Temporary On-Sale Intoxicating Liquor License

(A)A club or charitable, religious or nonprofit organization may be issued a one day temporary on- sale intoxication liquor license for the sale of Intoxicating Liquor. It is required that any club or charitable, religious or non-profit organization applying for a temporary on-sale intoxication liquor license must have a Silver Lake address

(B) A temporary license is subject to the terms set by the City. The Council may, but at no time shall, it be under any obligation whatsoever to, grant a temporary Intoxicating liquor license on premises owned or controlled by the city. This type of license may be conditioned, qualified or restricted as the Council sees fit.

Subd. 3. Retail License Fees and Insurance

(A) The annual license fees for an On-Sale Intoxicating Liquor License are set by the City issuing the license.

(B) Liability Insurance. No retail license may be issued, maintained or renewed unless the applicant demonstrates proof of financial responsibility. The minimum requirement for proof of financial responsibility shall be a certificate that there is in effect for the license period insurance policy or pool providing the following minimum coverages: at least $50,000.00 of coverage because of bodily injury to any one person in and one occurrence, $100,000.00 because of bodily injury to two or more persons in any one occurrence, $10,000.00 because of injury to or destruction of property of others in any one occurrence, $50,000.00 for loss of means of support of any one person in any one occurrence and $100,000.00 for loss of means of support of two or more persons in any one occurrence. The applicant shall comply with the provisions of Minn. Stat. §340A.409 relating to the liability insurance policies.

Subd. 4. Application for On-Sale Intoxicating Liquor License

(A) In addition to the information which may be required by the State Liquor Control Commissioner’s form, the application for the license shall be on a form provided by and contain such information as required by the City Council.
(B) If the application is by a natural, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof, if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners.

Subd. 4a. Transferability of License.
Licenses are non-transferable under any circumstance.

Subd. 5. Renewal Applications

(A) Applications for the renewal of an existing on-sale intoxicating liquor license shall be made at least 90 days prior to the date of the expiration of the license, and shall contain such information as required by the City Council.
(B) With the application for renewal, the applicant shall file with the City Clerk a statement made by a certified public accountant that shows the total gross liquor sales and the total food sales of the restaurant for the twelve month period immediately preceding the date for filing the renewal application. The restaurant must show that at least 70% if the gross sales of the business is derived from the sale of food. A foreign corporation shall file a current Certificate of Authority.

Subd. 6. License Revocation or Suspension

(A) Any license granted herein may be revoked or suspended by the City Council without notice to the grantee in such cases within the judgment of the City Council where immediate action is required for the protection and safety of the public. In those events a hearing must be held within ten days and the licensee shall be notified of said hearing and notified of his right to be heard and to present evidence and opposition to the revocation or suspension. In all other events the City Council must first schedule a hearing regarding a proposed revocation of suspension and must notify the licensee at least ten days prior to the date of the hearing. The notice to the licensee must inform the licensee that the purpose of the hearing is to determine whether to revoke or suspend his or her license and further inform him or her that he or she is entitled to be heard and to present testimony at the hearing. Any violation of any of the provisions or conditions of this ordinance or where there has been a falsification of any statement in the application for the license shall be grounds for revocation. In the event of revocation, no portion of the license fee paid to the City shall be returned.

Subd. 7. 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 without a warrant.

Subd. 8. Employer Responsibility.

Any sale of an alcoholic beverage in or from any premises licensed under this chapter by any employee authorized to make that sale in or from that place is the act of the employer as well as of the person actually making the sale; and every employer is liable to all of the penalties, except criminal, provided by law for that sale, equally with the person actually making the sale.

Subd. 9. Hours of Operation (Amended 6/16/14. Ord. 80)

(A) Intoxication Liquor; On-Sale. No sale of intoxicating liquor for consumption on the license premises may be made:
a. Between the hours of 1:00 a.m. and 8:00 a.m. on Saturday and Sunday;
b. Between the hours of 12:00 a.m. (midnight) and 8:00 a.m. Monday through Friday.
(B) All customers shall leave the premises by 12:30 a.m. Monday through Friday and 1:30 a.m. Saturday and Sunday.

Subd. 10.Penalty.

Any person violating any provision of this ordinance is guilty of a misdemeanor offense and shall be punished by a fine not to exceed $1,000.00 and/or jail not to exceed 90 days.

Section 4.
Municipal Liquor Dispensary

Subd. 1. Dispensary Established.

(A) A City liquor dispensary is hereby established to be operated within the City for the sale of liquor potable as a beverage and containing more that 3.2% of alcohol by weight, both for consumption at such dispensary and on such premises by the drink and in sealed or closed receptacles or containers for removal from the premises except as otherwise provided in the Silver Lake City Code. No persons shall sell, barter, or otherwise dispose of intoxicating liquor, nor shall a sale be made by anyone outside of said dispensary or by anyone not employed in and by said dispensary, nor shall any person or persons mix or prepare liquor for consumption in any public place of business or to consume liquor in such places outside of the dispensary. No liquor shall be sold or consumed on a public highway or in an automobile.
(B) Location and operation. The said dispensary shall be located at such place as the City Council shall determine by motion and may be either leased or owned by the City, as the City Council shall determine. It shall be in charge of a person known as the operator, who shall be selected by the City Council and shall be paid such compensation, as the City Council shall determine. Said operator shall have full charge of the operation of such dispensary, and shall have the authority to purchase such supplies as are necessary and employ such additional help as he or she may need at a rate of compensation to be approve by the City Council and under rules to be determined by the City Council and in conformity with the law. All employees including the operator shall hold their positions at the pleasure of the City Council. No minor person shall be employed in the City dispensary.
(C) Dispensary fund created. A liquor dispensary fund is hereby created in which all revenues received from the operation of the dispensary shall be paid, and from which all operating expenses shall be paid, provided the initial cost of rent, fixtures, and stock may be paid for out of the general fund of the City, but such amounts shall be reimbursed to the said general fund out of the first moneys coming into the liquor dispensary fund not needed for carrying on the said business. Any surplus accumulating in this fund may be transferred to the general fund by resolution of the Council and expended for any municipal purpose.
(D) Hours of operation. The City dispensary shall at all times observe the following restriction upon the hours of operation.
No sale of intoxication liquor shall be made:
a. Between the hours of 1:00 a.m. on Sunday and 8:00 a.m. on Monday;
b. Between the hours of 12:00 a.m. and 8:00 a.m. Tuesdays through Friday;
c. Between the hours of 1:00 a.m. and 8:00 a.m. on Saturday.
All customers shall leave the premises by 12:30 a.m. Monday through Friday and 1:30 a.m. Saturday and Sunday.
No “Off-Sale” shall be made before 8:00 a.m. or after 10:00 p.m. on any day; and no sales on Sunday.
(E) Conditions of operation and restrictions on consumption. No gambling shall be permitted unless authorized the State of MN.
No liquor shall be sold either for consumption upon the premises or for removal therefrom to a person who is in an intoxicated condition.
No liquor shall be sold to a person under the age of 21.
The premises occupied by the dispensary shall be inspected by the health officer of the City at least once a year and as many other times as he/she deems necessary to see that said premises are kept in a sanitary condition.
No person shall be permitted to loaf or loiter about the dispensary habitually.
No premises shall be leased for a dispensary upon which taxes, assessments or other legal public levies are delinquent and unpaid.
(F) Enforcement. It shall be the duty of all police officers of the City to enforce the provisions of this chapter and to search the premises and seize evidence of law violation and preserve the same as evidence against any person alleged to be violating this chapter, and to prepare the necessary processes and papers therefore.
(G) Presence of Minors Prohibited. No person under the age set by the laws of the State of Minnesota as the legal age to buy and consume alcoholic beverages shall be in or remain in any liquor store or bar wherein intoxication liquors are sold or given away within the City limits of the City of Silver Lake, Minnesota.

Subd. 2. Penalty.
Any person violating any provision of this ordinance is guilty of a misdemeanor offense and shall be punished by a fine not to exceed $1,000.00 and/or jail of 90 days.

Section 5.
The City Council may issue club on-sale licenses in accord with the laws of the State of Minnesota. The determination as to whether to issue said club licenses shall be within the discretion of the City Council.
Section 6.
Penalty.
Any person violating any provisions of this Chapter 11 of the Ordinances of the City of Silver Lake, Minnesota, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000.00 or to imprisonment for ninety (90) days, or both.
Section 2. This ordinance shall take force and be in effect from and after its passage and publication.

Adopted this 16th day of July, 2018.

CITY OF SILVER LAKE Seal:

By:____________________________Bruce Bebo, Its Mayor

By_____________________________
Jon Jerabek, Its City Clerk
(Published in The McLeod County Chronicle July 25, 2018)