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City of Silver Lake - Ordinance 94

Submitted by admin on Thu, 06/27/2019 - 11:25am

City of Silver Lake
ORDINANCE 94: AN ORDINANCE AMENDING CHAPTER 11 SECTION 4 OF THE SILVER LAKE MUNICIPAL CODE REGARDING MUNICIPAL LIQUOR DISPENSARY
The City Council of the City of Silver Lake, Minnesota does hereby ordain:
Section 1. Chapter 9 of the Silver Lake Municipal Code shall be amended as follows:
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 than 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 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 approved by the City Council and pursuant to the rules 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 person under the age of 18 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 necessary inventory 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 12:00 a.m. and 8:00 a.m. Monday through Friday;
b. Between the hours of 1:00 a.m. and 8:00 a.m. on Saturday and Sunday
All customers must vacate the premises no later than 12:30 a.m. Monday through Friday and no later than 1:30 a.m. on Saturday and Sunday.
“Off-Sale” hours shall be in accordance with the Minnesota Statute and as determined by the City Council.
(E) Conditions of operation and restrictions on consumption. No gambling shall be permitted unless authorized by the State of MN and approved by the City Council.
No liquor shall be sold for any purpose to a person who is in an intoxicated condition.
No liquor shall be sold to any person in violation of any Minnesota Statute. No person under the age of 21 years of age shall be served any alcoholic beverage.
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 law enforcement to enforce the provisions of this chapter and to prepare and perform the necessary processes therefore.
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 2. This ordinance shall take force and be in effect from and after its passage and publication.
Adopted this 17th day of June 2019.
CITY OF SILVER LAKE SEAL:
By:___________________________Dorothy Butler, Its Mayor

ATTEST:
By:___________________________Jon Jerabek, Its City Clerk

(Published in The McLeod County Chronicle June 26, 2019)