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HomeMy WebLinkAboutOrdinance No. 4520 - Ordinance Chapt. 5-19 regulating Alcoholic Beverages ORDINANCE NO. ____ AN ORDINANCE AMENDING SUBSECTIONS (e) AND (i) OF SECTION 5-19-4, SUBSECTION (a) OF SECTION 5-19-9, SUBSECTION (b) OF SECTION 5-19-10, SUBSECTION (b) OF SECTION 5-19-15, SUBSECTION (b) OF SECTION 5-19- 17, SUBSECTIONS (b), (d) and PARAGRAPH 5 OF SEBSECTION (c) OF SECTION 5-19-18, SUBSECTION (a) OF SECTION 5-19-20, AND AMENDING SECTIONS 5-19-1 AND 5-19-26 OF CHAPTER 5-19 OF TITLE 5 OF THE ROCHESTER CODE OF ORDINANCES RELATING TO ALCOHOLIC BEVERAGES. THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS: Section 1. Subsections (e) and (i) of Section of 5-19-4 of Chapter 5-19 of the Rochester Code is hereby amended to read as follows: Sec. 5-19-4. License classes. (e) Consumption and display (bottle club) permits. No business establishment or club which does not have an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of alcoholic beverages or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the commissioner of public safety. This permit shall not be effective until approved by the citycouncil. (i) License classes limited. Only licenses for the classes indicated and for the limited purposes specified in this section will be granted or approved by the citycouncil. Section 2. Subsection (a) of Section 5-19-9 of Chapter 5-19 of the Rochester Code is hereby amended to read as follows: Sec. 5-19-9. License applications. (a) General requirements. Any person desiring a license to sell alcoholic beverages in the city shall file with the city clerk an application in writing or electronically online upon a form furnished by the city clerk's office. Section 3. Subsection (b) of Section 5-19-10 of Chapter 5-19 of the Rochester Code is hereby amended to read as follows: Sec. 5-19-10. Proof of financial responsibility required. (b) No license issued by the citycouncil shall be effective until proof of financial responsibility is filed with the city clerk. For purposes of the requirements of this section, evidence of financial responsibility shall be established by the applicant in the manner provided in Minn. Stats. § 340A.409 and by such other information as may be required to show the applicant possesses the required financial resources to successfully and profitably operate the proposed establishment consistent with the applicant's business plan, and to do so in compliance with all state laws and city ordinances. Notwithstanding any provision of this section to the contrary, any licensee authorized to dispense or to allow the consumption of intoxicating liquor or 3.2 percent malt liquor at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the city, or any instrumentality thereof located within the city, must provide evidence of financial responsibility in accordance with Minn. Stats. § 340A.409. Section 4. Subsection (b) of Section 5-19-15 of Chapter 5-19 of the Rochester Code is hereby amended to read as follows: Sec. 5-19-15. Fees—Payments and adjustments. (b) Late fees. A penalty of 20 percent of the annual license fee, but not to exceed $500.00, shall be imposed on and collected from each applicant who files an application for renewal of a license less than 30 days prior to the commencement of the license year. A penalty of 50 percent of the annual license fee, but not to exceed $1,000.00, shall be imposed on and collected from each applicant who files an application for renewal of a license after the commencement of the license year. Section 5. Subsection (b) of Section 5-19-17 of Chapter 5-19 of the Rochester Code is hereby amended to read as follows: Sec. 5-19-17. Investigation of applicant. (b) All applications with reports and recommendations, if any, attached thereto, shall be returned by the investigating department or agency to the city clerk. and shall thereafter be presented by the city clerk to the council. Section 6. Subsection (b), Paragraph (5) of Subsection (c), and Subsection (d) of Section 5-19-18 of Chapter 5-19 of the Rochester Code is hereby amended to read as follows: Sec. 5-19-18. Approval and issuance. (b) IssuanceCouncil action. Upon receipt and verification of the completed application by the city clerk, and in accordance with all other applicable requirements set forth by this code and Minn. Stats. ch. 340A, as amended, the city shall approve and issue the license and submit said license for signing by the mayor and the city clerk. At the first meeting of the council following completion of the application for an alcoholic beverage license, the city clerk shall present the same to the council for its consideration. The council, if it deems the applicant a proper and suitable one to be granted the license applied for, shall, by motion, grant said license and direct the mayor and city clerk to sign and issue said license to the applicant. (c) No license shall be effective until: (5) In the case of an establishment which is not open for business at the time of the issuanceapproval of the license by the citycouncil, the establishment shall open for business within 90 days of the opening date specified in the license application. One 90 day extension of this deadline may be granted by the city clerk, if requested in writing with the initial 90 days. The city clerk shall grant an extension only if progress towards opening of an establishment has been demonstrated. If the establishment does not open within the prescribed time, including a city clerk granted extension if applicable, the approval previously granted shall be deemed rescinded and re-application shall be required. (d) In the case of an application for renewal of an alcoholic beverage license, the city clerk may request that the council may condition by resolution the renewal of such license upon the license holder performing or forbearing from performing certain acts within a given period of time which acts or forbearance to act would have the effect of bringing the license holder or the licensed premises into fuller compliance with the requirements of this chapter. Section 7. Subsection (a) of Section 5-19-20 of Chapter 5-19 of the Rochester Code is hereby amended to read as follows: Sec. 5-19-20. Ownership and transfers. (a) Approval of transfers. No license granted hereunder shall be transferable from person to person or to other premises without the consent of the city and in accordance with the requirements of this chapter.council, which shall be evidenced by motion passed by the council. Any change of a licensee's form of ownership and any change of ownership or beneficial interest in 25 percent or more of the shares of stock in a corporate licensee shall be deemed equivalent to a transfer of the license and the same shall not become effective until approved by the citycouncil. Section 8. Section 5-19-1 of Chapter 5-19 of the Rochester Code is hereby amended to read as follows: Sec. 5-19-1. Definitions. Commissioner means the Commissioner of the Minnesota Department of Public Safety which is the formal licensing authority for alcohol through the Alcohol and Gambling Enforcement Division in accordance with Minn. Stats. 340A, unless otherwise expressly defined. Section 9. Section 5-19-26 of Chapter 5-19 of the Rochester Code is hereby amended to read as follows: Sec. 5-19-26. Dancing restricted. Dancing shall be permitted only on licensed premises for which a general entertainment endorsement or a temporary expansion of entertainment has been granted by the citycouncil. Section 10. This ordinance shall become effective from and after its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2024. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord20/Chapt.5-19 AlcoholBev.docx