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Notice of Proposed Ordinance Liquor

NOTICE OF PROPOSED ORDINANCE
YOU ARE HEREBY NOTIFIED that the City of Paynesville City Council is considering the following proposed Ordinance at 6:00 p.m. on  June 27, 2022 at their Regular City Council meeting:
ORDINANCE NO. 37, 3rd Series

            AN ORDINANCE OF THE CITY OF PAYNESVILLE, MINNESOTA, AMENDING CITY CODE CHAPTER 4 ENTITLED “ALCOHOLIC BEVERAGES” BY MODIFYING SECTION 4-9 THEREOF ENTITLED “KINDS OF LIQUOR LICENSES” AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1 SECTION 1-11 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS.

            THE CITY COUNCIL OF PAYNESVILLE, MINNESOTA ORDAINS AS FOLLOWS:

            Section 1City Code, Chapter 4 entitled “Alcoholic Beverages” at Section 4-9 entitled “Kinds of Liquor Licenses” is hereby amended to read as follows:

            Sec. 4-9Kinds of Liquor Licenses. The City Council is authorized to issue the following licenses:

(1)  3.2 percent malt liquor on-sale licenses, which may be issued only to golf courses, restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks.

(2)  3.2 percent malt liquor off-sale license.

(3)  Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious, or non-profit organization.

(4)  On-sale liquor licenses may be issued to the following establishments within the City:

  1. a) Hotels
  2. b) Restaurants
  3. c) Bowling centers
  4. d) Clubs or congressionally chartered Veteran’s organizations with the approval of the Commissioner of Public Safety, provided that the organization has been in existence for at least 3 years and liquor sales will only be to members and bona fide guests, except that a club may permit the general public to participate in wine tasting conducted at the club under Section 340A.419.
  5. e) Sports facilities, restaurants, clubs or bars located on land owned or leased by the Minnesota Sports Facilities Authority.
  6. f) Sports facilities located on land owned by the Metropolitan Sports Commission.
  7. g) Exclusive liquor stores
  8. h) Resorts as defined in Section 157.15, Subd. 11.
  9. i) Theater within the city which license may authorize sales on all days of the week to persons attending events at the theater.
  10. j) On-sale intoxicating liquor licenses, on-sale wine licenses, or on-sale malt liquor licenses to a convention center within the city. A license issued under this paragraph authorizes sales on all days of the week to persons attending events at the convention center.
  11. k) On-sale wine license and on-sale malt liquor license to a person who is the owner of a summer collegiate league baseball team or baseball league competing in a league established by the Minnesota Baseball Association, or a person holding a concession or management contract with the owner, for beverage sales at the ballpark or stadium located within the municipality for purposes of summer collegiate baseball games, town ball games, and any other events at a ball park or stadium, notwithstanding any law, local ordinance or charter provision. The license issued under this paragraph authorizes sales on all days of the week to persons attending baseball games or any other event at the baseball park or stadium.

(5)  Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a general or special election as provided by Minn. Stat. Sect. 340A.504, Subd. 3, as it may be amended from time to time.  Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in Section 3 of this Ordinance, club, bowling center, or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food.  The maximum fee for this Ordinance, shall not exceed $200, or the maximum amount provided by Minn. Stat. Sect. 340A.504, Subd. 3(c), as it may be amended from time to time.

(6)  Temporary on-sale liquor licenses.

  1. a) The Council may issue to:

                      1) A club or charitable, religious, or other non-profit organization in existence for at least three years,

                      2) A political committee registered under 10A.14 or

                      3) A state university, a temporary license for on-sale intoxicating liquor in connection with a social event within the municipality sponsored by the licensee.

The license may authorize the on-sale of intoxicating liquor for not more than 4 consecutive days, except as provided for county fairs in 340A.410, Subd.10 and may authorize on-sales on premises other than the premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on-sale intoxicating liquor license issued by any municipality. The licenses are subject to the terms, including a license fee. Licenses issued under this provision are subject to all laws and ordinances governing the sale of intoxicating liquor except Sections 340A.409 and 340A.504 of Minnesota Statutes and those laws and ordinances which by their nature are not applicable. Licenses issued under this provision are not valid unless first approved by the Commissioner of Public Safety. The City may not issue more than three four-day, four three-day, six two-day, or 12 one-day temporary licenses, in any combination not to exceed 12 days per year for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12-month period.

(7)  One day consumption and display permits with the approval of the Commissioner of Public Safety to a nonprofit organization in conjunction with a social activity in the City sponsored by the organization.

(8)  Approval of the issuance of a consumption and display permit by the Commissioner of Public Safety.  The maximum amount of the additional fee which may be imposed by the Council on a person who has been issued a consumption and display permit under the provisions of Section 4-9 of this Ordinance shall not exceed $300, or the maximum amount permitted by Minn. Stat. Sect. 340A.414, Subd. 6, as it may be amended from time to time.  Consumption and display permits shall expire on March 31 of each year.

(9)  Temporary off-sale wine licenses, with the approval of the Commission of Public Safety, may be issued for the off-sale of wine at an auction.  A license issued under this subdivision authorizes the sale of only vintage wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota.  The license may authorize the off-sale of wine for not more than three (3) consecutive days provided not more than 600 cases of wine are sold at any auction.  The licenses are subject to the terms, including license fee, imposed by Section 4-9.

(10) Brewer temporary on-sale intoxicating liquor licenses may be issued, with the approval of the Commissioner of Public Safety, to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer.

(11)  A brewer taproom license, may be issued to the holder of a brewer’s license under Minn. Stat. Sect. 340A.301, Subd. 6(c), (i) or (j) as it may be amended from time to time.  A brewer’s taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer.  A brewer may have only one taproom license and may not have an ownership interest in a brewer licensed under Minn. Stat. Sect. 340A.301, Subd. 6(d), as it may be amended from time to time.  A brewer taproom license may not be issued to a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually.  Within 10 days of issuing a brewer taproom license the City Administrator will inform the Commissioner of Public Safety of the licensee’s name, address, trade name and the effective date and expiration date of the license.  The City Administrator will inform the Commissioner of Public Safety of a license transfer, cancellation, suspension, or revocation during the license period.

(12)  A microdistiller temporary on-sale intoxicating liquor license may be issued to the holder of a state microdistillery license.  A microdistillery temporary on-sale intoxicating liquor license authorizes on-sale of intoxicating liquor in connection with a social event within the City sponsored by the microdistillery.

            Section 2.  City Code Chapter 1 Section 1-11 entitled “Violation, a misdemeanor unless otherwise stated” is hereby adopted in its entirety by reference as though repeated verbatim herein.

Section 3.  This ordinance shall take effect and be in force upon its passage and publication.

Posted this 7th day of June, 2022.