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Notice of Proposed Ordinance Liquor Ordinance

NOTICE OF PROPOSED ORDINANCE

YOU ARE HEREBY NOTIFIED that the City of Paynesville is considering the following proposed Ordinance at 6:00 p.m. on January 27, 2020 at their Regular City Council meeting:

ORDINANCE NO. 5, 3RD SERIES 

AN ORDINANCE OF THE CITY OF PAYNESVILLE, MINNESOTA, AMENDING AND RESTATING IN ITS ENTIRETY CHAPTER 4 OF THE CITY CODE ENTITLED “ALCOHOLIC BEVERAGES” AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1, ENTITLED “GENERAL PROVISIONS”, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS FOR ORDINANCE VIOLATIONS

THE CITY COUNCIL OF PAYNESVILLE ORDAINS:

            Section 1.  City Code, Chapter 4, entitled Alcoholic Beverages is hereby amended to read as follows:

CHAPTER 4.  ALCOHOLIC BEVERAGES

                        Section 4-1.  Adoption of State Law By Reference.  The provisions of M.S.A. §340A, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this Ordinance as if set out in full.  It is the intention of the City Council that all future amendments to M.S.A. §340A are hereby adopted by reference or referenced as if they had been in existence at the time this Ordinance is adopted.

                        Section 4-2.  City May be More Restrictive than State Law.  The Council is authorized by the provisions of M.S.A. §340A.509, as it may be amended from time to time, to impose, and has imposed in this Ordinance, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S.A. §340A, as it may be amended from time to time.

                        Section 4-3.  Definitions.  In addition to the definitions contained in M.S.A. §340A.101, as it may be amended from time to time, the following terms are defined for purposes of this Ordinance:

            (A)  Liquor.  As used in this Ordinance, without modification by the words an “intoxicating” or “3.2 percent malt” includes both intoxicating liquor and 3.2 percent malt liquor.

            (B)  Restaurant.  An eating facility, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location.  To be a restaurant as defined by this section, an establishment shall have a license from the state as required by M.S.A. §157.16, as it may be amended from time to time, and meet the definition of either a “small establishment”, “medium establishment” or “large establishment” as defined in M.S.A. §157.16, Subd. 3d, as it may be amended from time to time.  An establishment which serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall not be considered to be a restaurant for purposes of this ordinance unless it meets the definitions of a “small establishment”, “medium establishment” or “large establishment”.

                        Section 4-4.  Nudity on the Premises of Licensed Establishments Prohibited.

            (A)  The City Council finds that it is in the best interests of the public health, safety, and general welfare of the people of the City that nudity is prohibited as provided in this section on the premises of any establishment licensed under this Ordinance.  This is to protect and assist the owners, operators, and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity, and sex.  The Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault, and disorderly conduct.  The Council also finds that the prohibition of nudity on the premises of any establishment licensed under this Ordinance, as set forth in this section, reflects the prevailing community standards of the City.

            (B)  It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non-transparent material.  It is unlawful for any person to be on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non-transparent material.

            (C)  A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or any other license issued under this Ordinance or the imposition of a civil penalty under the provisions of Section 30(B).

                        Section 4-5.  Consumption in Public Places.   No person shall consume intoxicating liquor or 3.2 percent malt liquor in a public park, on any public street, sidewalk, or parking lot or alley, or any public place, or any private parking lot to which the public has access, other than on the premises and within the area of the establishment licensed under this Ordinance, in a municipal liquor dispensary if one exists in the City, or where the consumption and display of liquor is lawfully permitted, and such consumption and display complies with that permit including, but not limited to, geographic limits contained therein.

                        Section 4-6.  Number of Licenses Which May be Issued.  State law establishes the number of liquor licenses that a City may issue.  The Council is not required to issue the full number of licenses that it has available.

                        Section 4-7.  Conditional Licenses.  Notwithstanding any provision of the law to the contrary, the Council may, upon a finding of necessity therefore, place such special conditions and restrictions, in addition to those specified in this chapter, upon any license as it, in its discretion, may deem reasonable and justified.

                        Section 4-8.  Term & Expiration of Licenses.  Each license shall be issued for a maximum period of one year.  All licenses, except temporary licenses, shall expire on December 31 of each year unless another date is provided by Ordinance.  All licenses shall expire on the same date.  Temporary licenses expire according to their terms.  Consumption and display permits issued by the Commissioner of Public Safety, and the accompanying City consent to the permit, shall expire on March 31 of each year.

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

            (A)  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.

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

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

            (D)  On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined by Minn. Stat. Sect. 340A.101, as it may be amended from time to time, and this Ordinance:  hotels, restaurants, clubs or congressionally chartered veterans organizations.  Club licenses may be issued only with the approval of the Commissioner of Public Safety.  The fee for club licenses established by the Council under Section 10 of this Ordinance shall not exceed the amounts provided for Minn. Stat. Sect. 340A.409, Subd. 2(b) as it may be amended from time to time.  The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the City under the provisions of Minn. Stat. Sect. 340A.404, Subd. 4(b) as it may be amended from time to time.  The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the City, under the provisions of Minn. Stat. Sect. 340A.404, Subd. 4(a) as it may be amended from time to time; however, the licensee is prohibited from dispensing intoxicating liquor to any person attending or participating in an amateur athletic event being held on the premises.

            (E)  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.

            (F)  Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three (3) years; a political committee registered under state law; or a state university.  No license shall be for longer than four (4) consecutive days, and the City shall issue no more than 12 days’ worth of temporary licenses to any one organization in one calendar year.

            (G)  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.

            (H)  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.

            (I)  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.

            (J) 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.

            (K)  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.

            (L)  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 4-10.  License Fees; Pro Rata. 

            (A)  No license or other fee established by the City shall exceed any limit established by Minn. Stat. Ch. 340A, as it may be amended from time to time, for a liquor license.

            (B)The Council may establish from time to time in an Ordinance Establishing Fees and Charges or a Resolution Establishing Fees and Charges for any of the liquor licenses it is authorized to issue.  The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this ordinance.  No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing.

            (C)  The fee for all licenses, except temporary licenses, granted after the commencement of the license year shall be prorated on a quarterly basis.

            (D)  All license fees shall be paid in full at the time the application is filed with the City.  If the application is denied, the license fee shall be returned to the applicant.

            (E)  A refund of a pro rata share of an annual license fee may occur only if authorized by M.S.A. §340A.408, Subd. 5, as it may be amended from time to time.

                        Section 4-11. Council Discretion to Grant or Deny a License. The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license.  No applicant has a right to a license under this ordinance.

                        Section 4-12.  Application for License. 

            (A)  Form.  Every application for a license issued under this Ordinance shall be on a form provided by the City.  Every application shall state the name of the applicant, the applicant’s age, representations as to the applicant’s character, with references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place, and other information as the Council may require from time to time.  An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this section.  The form shall be verified and filed with the City.  No person shall make a false statement in an application.

            (B)  Financial Responsibility.  Prior to the issuance of any license under this Ordinance, the applicant shall demonstrate proof of financial responsibility as defined in M.S.A. §340A.409, as it may be amended from time to time, with regard to liability under M.S.A. §340A.801, as it may be amended from time to time.  This proof will be filed with the City and the Commissioner of Public Safety.  Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S.A. §340A.409, as it may be amended from time to time.  Operation of a business which is required to be licensed by this ordinance without having on file with the City at all times effective proof of financial responsibility is a cause for revocation of the license.

                        Section 4-13.  Description of Premises.  The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed.  The description may not include any parking lot or sidewalk.

                        Section 4-14.  Applications for Renewal.  At least 30 days before a license issued under this ordinance is to be renewed, an application for renewal shall be filed with the City.  The decision whether or not to renew a license rests within the sound discretion of the Council.  No licensee has a right to have the license renewed.

                        Section 4-15.  Transfer of License.  No license issued under this Ordinance may be transferred without the approval of the Council.  Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license.  An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this code applying to applications for a license shall apply.

                        Section 4-16.  Investigation. 

            (A)  Preliminary Background and Financial Investigation.  On an initial application for a license, on an application for transfer of a license and, in the sound discretion of the Council that it is in the public interest to do so, on an application for renewal of a license, the City shall conduct a preliminary background and financial investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation.  The applicant shall pay with the application an investigation fee of $500 which shall be in addition to any license fee.  If the cost of the preliminary investigation is less than $500, the unused balance shall be returned to the applicant.  The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license.

            (B)  Comprehensive Background and Financial Investigation.  If the results of a preliminary investigation warrant, in the sound discretion of the Council, a comprehensive background and financial investigation, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation.  The investigation fee for this comprehensive background and financial investigation to be paid by the applicant shall be $500, less any amount paid for the initial investigation if the investigation is to be conducted within the state, and $10,000, less any amount paid for the initial investigation, if the investigation is required outside the state.  The unused balance of the fee shall be returned to the applicant whether or not the application is denied.  The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied.  The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license.

                        Section 4-17.  Hearing & Issuance.  The Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background and financial investigations.  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 sound discretion grant or deny the application.  No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety.

                        Section 4-18.  Restrictions on Issuance. 

            (A)  Each license shall be issued only to the applicant for the premises described in the application.

            (B)  Not more than one license shall be directly or indirectly issued within the City to any one person.

            (C)  No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges, or other financial claims of the City are delinquent and unpaid.

            (D)  No license shall be issued for any place or any business ineligible for a license under state law.

                        Section 4-19.  Proximity to Schools & Churches.  No intoxicating liquor license shall be granted to an establishment within 500 feet of any school, or within 750 feet of any church, except as provided in Minn. Stat. Sect. 340A.403.  In applying the restrictions set forth in this section, the distance shall be measured between the main front entrances of the licensee, and the main front entrance of the school or church as it exists at the time of the initial licensing, as measured following the route of ordinary pedestrian travel.

                        Section 4-20.  Conditions of License.  The failure of a licensee to meet any one of the conditions of the license specified below shall 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 shall be provided by an organization approved by the Council.  Proof of training shall 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 ordinance and the law equally with the employee.

            (C)  Every licensee shall allow 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 shall 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 Ordinance is a continuing condition of this license, and includes the responsibility to be current on real estate taxes, special assessments, and utilities, or other financial obligations due to the City.

                        Section 4-21.  Hours and Days of Sale.   

            (A)  The hours of operation and days of sale shall be those set by M.S.A. §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 shall consume nor shall any on-sale licensee permit any consumption of intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can legally occur.

            (C)  No on-sale licensee shall permit any glass, bottle, or other container containing intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool, or other place where customers are served, more than 30 minutes after the time when a sale can legally occur.

            (D)  No person, other than the licensee and any employee, shall remain on the on-sale licensed premises more than 30 minutes after the time when a sale can legally occur.

            (E)  Any violation of any condition of this section may be grounds for revocation or suspension of the license.

                        Section 4-22.  Minors on Premises. 

            (A)  No person under the age of 18 years shall be employed in any rooms constituting the place in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on-sale, except that persons under the age of 18 may be employed as musicians or to perform the duties of a bus person, host or dishwashing services in places defined as a restaurant, hotel, motel or other multi-purpose building serving food in rooms in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on sale.

            (B)  No person under the age of 21 years may enter a licensed establishment unless accompanied by a parent or guardian, except to work, consume meals on premises that qualifies as a restaurant, or attend social functions that are held in a portion of the premises where liquor is not sold.

                        Section 4-23.  Restrictions on Purchase and Consumption.  No person shall mix or prepare liquor for consumption in any public place of business unless it has a license to sell on-sale, or a permit from the Commissioner of Public Safety under the provisions of M.S.A. §340A.414, as it may be amended from time to time, which has been approved by the Council, and no person shall consume liquor in any such place.

                        Section 4-24.  Suspension and Revocation.    

            (A)  The Council shall either suspend for a period not to exceed 60 days or revoke any liquor license upon finding that the licensee has failed to comply with any applicable statute, regulation, or provision of this Ordinance relating to liquor.  Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, M.S.A. §14.57 to 14.70, as it may be amended from time to time.  The Council may act as the hearing body under that act, or it may contract with the Office of Hearing Examiners for a hearing officer.

            (B)  The following are the minimum periods of suspension or revocation which shall be imposed by the Council for violations of the provisions of this Ordinance or M.S.A. Chap. 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time:

                        1)  For commission of a felony related to the licensed activity, sale of alcoholic beverages while the license is under suspension, sale of intoxicating liquor where the only license is for 3.2 percent malt liquor, or violation of Section 4.4, the license shall be revoked.

                        2)  The license shall be suspended by the Council after a finding under division (A) that the licensee has failed to comply with any applicable statute, rule, or provision of this Ordinance for at least the minimum periods as follows:

                                    i)  For the first violation within any three (3) year period, at least one day suspension in addition to any criminal or civil penalties which may be imposed.

                                    ii)  For a second violation within any three (3) year period, at least three (3) consecutive days suspension in addition to any criminal or civil penalties which may be imposed.

                                    iii)  For the third violation within any three (3) year period, at least seven (7) consecutive days suspension in addition to any criminal or civil penalties which may be imposed.

                                    iv)  For a fourth violation within any three (3) year period, the license shall be revoked.

                        3)  The Council shall select the day or days during which the license will be suspended.

            (C)  Lapse of required proof of financial responsibility shall affect an immediate suspension of any license issued pursuant to this Ordinance or state law without further action of the Council.  Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to the licensee of the impending suspension of the license.  The holder of a license who has received notice of lapse of required insurance or of suspension or revocation of a license may request a hearing thereon and, if a request is made in writing to the City Administrator, a hearing before the Council shall be granted within 10 days.  Any suspension under this division (B) shall continue until the Council determines that the financial responsibility requirements of state law and this Ordinance have again been met.

            (D)  The provisions of Section 4-27 pertaining to administrative penalty may be imposed in addition to or in lieu of any suspension or revocation under this ordinance.

                        Section 4-25.  Municipal Liquor Store.  The City of Paynesville presently has a municipal off-sale liquor store, and as long as that remains true, except as otherwise specifically provided for herein, no intoxicating liquor may be sold off-sale anywhere else in the City.

                        Section 4-26.  Location of Municipal Liquor Store.  The municipal liquor store shall be located at a suitable place in the City as the Council determines by motion.  However, no premises upon which taxes, assessments, or other public charges are delinquent shall be leased for municipal liquor store purposes.  The Council shall have the right to establish additional off-sale and on-sale stores at other locations as it may, from time to time, by motion, determine.

                        Section 4-27.  Operation. 

            (A)  Manager.  The municipal liquor store shall be in the immediate charge of a Liquor Store Manager selected by the Council and paid compensation as is fixed by the Council.  The Manager shall not be a person who would be prohibited by law or any provision of this Ordinance from being eligible for an intoxicating liquor license.  The Manager shall furnish a surety bond to the City, conditioned upon the faithful discharge of the duties of the office, in a sum as specified by the Council.  The bond premium may be paid by the City or the Manger, in the discretion of the Council.  The Manager shall operate the municipal liquor store under the Council’s direction and shall perform those duties in connection with the store as may be established by the Council.  The Manager shall be responsible to the Council for the conduct of the store in full compliance with this ordinance and with the laws relating to the sale of intoxicating liquor and 3.2 percent malt liquor.

            (B)  Other Employees.  The Council may also appoint additional employees as may be required and shall fix their compensation.  All employees, including the Manager, shall hold their positions at the pleasure of the Council.  No person under the age of 18 shall be employed in the store.  The Council may require the employees to furnish surety bonds conditioned for the faithful discharge of their duties in a sum as specified by the Council.  The premium on the bond may be paid by the City or the employees, as the Council determines.

            (C)  Municipal Liquor Store Fund.  All of the revenues received from the operation of a municipal liquor store shall be deposited in a municipal liquor store fund from which all ordinary operating expenses, including compensation of the Manager and employees, shall be paid.  Surpluses accumulating in the fund may be transferred to the general fund of the City or to any other appropriate fund of the City by Resolution of the Council, and may be expended for any municipal purpose.  The handling of municipal liquor store receipts and disbursements shall comply with the procedure prescribed by law and charger for the receipts and disbursements of City funds generally.

            (D)  Financial Statement.  The Council shall provide within 90 days following the end of the calendar year for publication a balance sheet using generally accepted accounting procedures and a statement of operations of the municipal liquor store for that year.  The balance sheet and statement shall be published in accordance with the provisions of M.S.A. §471.6985, as it may be amended from time to time.

            (E)  Hours of Operation.  The hours during which the sale of intoxicating liquor may be sold shall be as provided in Section 4-19.  No person, other than the Manager or a store employee, may remain in the municipal liquor store longer than one-half hour after the time when the sale of intoxicating liquor must cease.

                        Section 4-28.  Issuance of Other Licenses. 

            (A)  Off-Sale Licenses for the Sale of Intoxicating Liquor.  State law does not authorize the issuance of off-sale licenses for the sale of intoxicating liquor by cities which operate a municipal liquor dispensary, with the exception of certain temporary licenses provided for in Section 4-8 above.

            (B)  On- and Off-Sale 3.2 Percent Malt Liquor Licenses.  The Council may issue 3.2 percent malt liquor licenses in its sound discretion as provided in this ordinance.

Section 4-29.  Penalties.

            (A)  Any person violating the provisions of this Ordinance or M.S.A. Chap. 340A as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time is guilty of a misdemeanor and upon conviction shall be punished as provided by law.

            (B)  The Council shall impose a civil penalty of up to $2,000 for each violation of M.S.A. Chap. 340A, as it may be amended from time to time, and of this Ordinance.  Conviction of a violation in a Court of law is not required in order for the Council to impose the civil penalty.  A hearing under the Administrative Procedures Act, M.S.A. §14.57 to 14.70, as it may be amended from time to time, is not required before the penalty is imposed, but the Council shall hold a hearing on the proposed violation and the proposed penalty and hear any person who wishes to speak.  Non-payment of the penalty is grounds for suspension or revocation of the license.  The following is the minimum schedule of presumptive civil penalties which must be imposed in addition to any suspension unless the license is revoked:

                        i)  For the first violation within any three (3) year period, $500.

                        ii)  For the second violation within any three (3) year period, $1,000.

                        iii)  For the third and subsequent violations within any three (3) year period, $2,000.

            (C)  The term “violation” as used in Section 4-22 includes any and all violations of the provisions in this section, or of M.S.A. Chap. 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time.  The number of violations shall be determined on the basis of the history of violations for the preceding three (3) year period.  Revocation shall occur within 60 days following a violation for which revocation is imposed.

            Section 2.  City Code, Chapter 1, entitled General Provisions, Including Penalties for Violation, are hereby adopted by reference as though repeated verbatim herein.

            Section 3.  This Ordinance shall take effect and be in force upon its passage, adoption and publication, or upon publication of a summary of the Ordinance as provided by Minn. Stat. Sect. 412.121, Subd. 4.

            Section 4.  The City of Paynesville hereby determines that the text of the summary of this Ordinance marked Official Summary of Ordinance Amending & Restating in its Entirety Chapter 4 of the City Code Entitled “Alcoholic Beverages”, clearly informs the public of the intent and effect of this Ordinance.  The Council further determines that publication of the Official Summary will clearly inform the public of the intent and effect of the Ordinance.  The City Administrator shall file a copy of this Ordinance and a Summary in the City Administrator’s office, which shall be available for inspection by any person during regular office hours.  A copy of this Ordinance shall become part of the City Code and be available in the community library and on the City’s website.

        A copy of said Ordinance is available for review by any person during regular City Hall office hours (8:30 a.m. to 4:30 p.m. Monday – Friday).

Posted this 15th day of January, 2020.