Ordinance - #04-07 - 04/13/2004 - Laserfiche WebLink

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AN ORDINANCE REGULATING THE POSSESSION, SALE AND CONSUMP- TIONoOF INTOXICATING AND 3.2 PER- CENT MALT LIQUOR WITHIN THE CITY OF RAMSEY MINNESOTA The following is the official summary of Ordinance No.04-07, which was passed by the Ramsey City Council on April 1 3, 2004 A printed copy of this ordinance is available for inspection by any person at the office of the Ramsey City Clerk during normal business hours. The ordinance regulating the posses- sion, sale and consumption of intoxicat- lng and 3.2 perce0t malt liquor within the City of Ramsey contains the following provisions. Section 7.51.01 adopts Minnesota Statutes Chapter 340A, as it may be amended from time to time, by refer- ence. Section 7.51.02 permits the City to be more restrictive than state law con- cerning the sale and possession of alco- holic beverages. Section 7.51.03 defines "City," "Council," "Liquor" and "Restaurant" as those terms are used in the ordinance. Section 7.51.04 makes it is unlawful for any licensee to permit or allow any person or persons on the licensed prem- ises 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. It is unlawful to · permit any person to perform certain sex- ual acts on the premises and to show visual reproductions which depict certain sexual acts. It is unlawful to permit per- sons to dance on tables and the bars, etc. in the licensed premises. It is unlawful to · permit prostitutes to solicit on the prem- ises. It is unlawful to violate on the licensed premises to violate M.S.§617.246 relating to use of minors in sexual performances. A violation of this section is a misdemeanor punishable as provi.ded by law, and is justification for revocation or suspension of any liquor, wine or 3.2 percent malt liquor license or the imposition of a civil penalty under the provisions of Section 29(B) of this ordi- nance. : Section 7.51.05 provides that'nq person shall consume intoxicating 'liquor or 3.2 percent malt liquor in a public park, on any public street, sidewalk, park- lng lot or alley, or in any public place other than on the premises of an estab- lishment licensed under this ordinance, in a muDicipal liquor dispensary if'one exists in Ramsey, or where the consumption and display of liquor is lawfully permitted. Section 7.51.06 limits the number of license which may be issued. Section 7.51.07 establishes the'term and expiration dates for licenses. Section 7.51.08 establishes the kinds · of licenses which may be issued. Section 7.51.09 authorizes the estab- lishment of license fees by ordinance or resolution. Section 7.51.10 permits the Council, in itl sound discretion, to grant or deny applications for licenses, or for the trans- fer or renewal of any license. Section 7.51.11 describes the infor- mation required in an application for a license. Section 7.51.12 requires a specific description of the premises to be licensed. Section 7.51.! 3 provides that appli- cations for renewal of licenses must be filed at least 60 days before the date of expiration, and permits the council in its sound discretion to renew or not ~enew a license. Section 7.51.1 4 prohibits the transfer of a license without Council approval. Section 7.51.15 r"equires background and financial investigations of applicants . for a license, renewal of a license or trans7 j fer of a license. Section 7.S1.16 provides for a hear- ing on the issuance of a license. Section 7.51.17 establishes restric- tions on the issuance of a license. Section 7.51.18 establishes the con- ditions of a liquor license that a licensee must follow to avoid suspension or revo- cation. The failure of a licensee to meet any one of the conditions of the license ' specified below shall result in a suspen- sion of the license until the condition is met. Within 90 days after employ, ment, every, pe. rson selling or serving liquor in . an establishment which has an "on-sale" ~ license shall receive training regarding the sellin~ o~ serving of liquor to cus- tomers. The training shall be provided bY an organization approved by the Council. Proof of training of the servers shall be provided by the licensee. . Every licensee is responsible for the i 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 licens- ee as well, and the licensee shall be liable to all penalties provided by this ordinance ' and the law equally with the employee. Every licensee shall allow any peace officer, health officer, city employee, or any other person designa, ted 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. No on-sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited. Compliance with financial responsi- bility requirements of state law and of this ordinance is a continuing condition of any license. Section 7.51.19 establishes the hours and days of sale which are consistent with those established by state law except that on-sale licensees may remain open until No 6n-sale licensee shall permit any glass, bottle or other container contain- lng 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. 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. On-sale licensees must provide their regular food service until one hour prior to their regular closing time. Secffon 20 prohibits minors and underage persons on licensed premises except under certain conditions. No person under the age of 18 years shall be employed in any i'ooms consti- tuting the place in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on sale, except that peFsons under the age of 18 may be employed as musicians or to perform the duties of a bus person or dishwashing services in places defined as a restaurant, hotel, motel or other multipurpose building serving food in rooms in which intoxicat- lng liquors or 3.2 percent malt liquor are sold at retail on sale. No person under the age of 21 years may enter a licensed establishment except to work, consume meals 6n prem- ises that qualify as a restaurant, or attend social functions that are held in a portion of the premises where liquor is not sold. Section 7.51.21 prohibits persons from mixing or preparing liquor for conr sumption in any public place oJ: business unless it has a license or permit. Section 7.51.22 establishes the cir- cumstances and procedures for suspen- sion and revocation of a license. The Council is required to either suspend for a period not to exceed 60 days or revoke any liquor license up6n finding that the licensee has failed to comply with any applicable statute, regulation or provision of this ordinance relating to liquor. Lapse of required proof of financial responsibili- ty shall affect an immediate suspension of any license issued pursuant to this ordi- nance 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 impendin, g suspension, of the · license. 'h-schedule 'offminim.um: [~eriods of suspension and for revocation is estab- lished. ' Section 7.51.23 provides for penalties for violating this ordinance, including a schedule of civil penalties. Section 7.51.24 Repeal, provides for the repeal or City Code Section 7.51.7.52 and 7.53. Section 7.51.25 establishes the effec- rive date of the ordinance which is the date of the publication of this summary of the ordinance. Section 7.51.26 apWoves-this sum- mary of the ordinance. This summary was approved by the City Council of Ramsey, Minnesota on April 13, 2004. Thomas G. Gamec pMayor Al-lEST: Jo Ann M. Thieling City Clerk abcdefg hijklmnopqrstuvwxyz Published in Anoka County Union· April 16, 2004 INESOTA ) duly sworn, on oath says that he is the managing editor of the noka County Union, and has fnll knowledge of the facts which complied with all of the requirements constituting qualification s provided by Minnesota Statute 331A.02, 331A.07, and other t. IAL SUMMARY, (Ordinance No. 04-07) which is attached was d newspaper, and was printed and published once each week for ; first published on Friday, the 16th day of April, 2004 and was shed on every Friday to and including Friday, the ....... day of below is a copy of the lower case alphabet from A to Z, both acknowledged as being the size and kind of type uscd in the ~ of the notice: abcdefghijklmnopq rstuvwxyz abcdefghijklmnopqrstuvwxyz Managing Editor 3re me on DIXIEL. MASON ~ NOTARY PUBLIC -- MINNESOTA My Commission Expires 1-3t-2005~ RATE INFORMATION d by commercial · ~ law for the above matter the above matter $12.50 (Linc, word, or inch rate) $ 2.50 (Line, word, o,' inch talc) $ 8.25 (Line, word, or inch rate)