Waconia – Ordinance No. 667

The following is the official summary of Ordinance No.2013-667, which was passed by the Waconia City Council on January 7, 2013.  A copy of the entire ordinance is available for inspection by any person at the office of the City Clerk during normal business hours and another copy will be posted for inspection at Waconia Public Works, 310 E 10th Street, Waconia, and will remain there for not less than seven days.  In addition, any person may request that a copy of the entire ordinance be delivered via standard or electronic mail by contacting the City at 952 442-2184.
Ordinance No. 2013-667 amends Chapter 580 of the Waconia City Code regarding the sale and use of alcoholic beverages within the City of Waconia and Chapter 1100 regarding fees.  The primary focus of the ordinance is to update existing provisions to Chapter 580 to make them more consistent with Minnesota Statutory law and to reorganize and clarify existing provisions to make Chapter 580 easier to use and more clear.  The ordinance also adds new provisions allowing the City to issue off-sale small brewer licenses, on-sale brewer taproom licenses and wine festival licenses.
As revised, Chapter 580 now contains the following major sections:
580.01    Definitions, which defines certain terms used in the ordinance.
580.02    Authority, which adopts Minn. Stat. Chapter 340A by reference, as amended, and cites the City’s authority to regulate alcoholic beverages.
580.03    General Provisions, which prohibits certain activities including consumption of alcoholic beverages in public places and the sale of alcoholic beverages to persons under 21 years of age.
580.04    License Applications, which sets forth the procedures for applying for licenses and the standards used by the City to issue licenses.
580.05    Requirements and Restrictions Regarding Licensees, which sets forth requirements regarding the posting of licenses, days and hours that 3.2 percent malt liquor and intoxicating liquor may be sold, restrictions regarding hours of business for licensed premises, a prohibition against selling to an obviously intoxicated person, line of sight requirements for licensed premises, licensee responsibilities, licensee employment prohibitions, limits on the removal of alcoholic beverages from a licensed premises, regulation of samples, nudity and gambling prohibitions for licensed premises, inspection requirements, requirements regarding exclusive stores, requirements regarding outdoor areas of a licensed premises (including provisions regarding smoking), and requirements regarding mandatory license training seminars.
580.06    Number and Types of Licenses Issued by the City, which provides that the City may issue:  i) off-sale intoxicating liquor licenses to exclusive liquor stores and certain drugstores, ii) up to 10 on-sale intoxicating liquor licenses, provided that additional licenses may be issued for certain uses including restaurants and hotels, iii) temporary on-sale intoxicating licenses; iv) off-sale, on-sale and temporary 3.2 percent malt liquor licenses; v) on-sale wine licenses; vi) temporary farm winery at a county fair licenses; vii) temporary wine festival licenses; viii) off-sale small  brewer licenses; ix) on-sale brewer taproom licenses; x) culinary limited on-sale licenses; xi) liquor on-sale club licenses; and xii) Sunday liquor licenses.
580.07    3.2 Bottle Clubs, which provides that unless an on-sale intoxicating liquor license is held, liquid intended for mixing with intoxicating liquor may not be served unless a permit has been obtained from the Minnesota Commissioner of Public Safety.
580.08    Presumptive Civil Penalties, which provides presumptive civil penalties for certain violations.  Violations are organized into five types, and for certain types of violations each subsequent violation after the first violation becomes more severe if the violations occur within 24 months of each other.
580.09    Hearings, which provides that any applicant who has been denied the issuance of a license or any licensee upon whom a civil penalty has been imposed may, upon written request to the City Clerk promptly made after the denial or imposition has occurred, request a hearing before the City Council to present evidence and to appeal the decision.  This section further provides that no suspension or revocation of a license shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minn. Stat. §§14.57 to 14.70 of the Administrative Procedure Act, as amended.
The revisions to Chapter 1100 update section references and adopt the following new fees:
Temporary Farm Winery at a County Fair – $50.00
Temporary Wine Festival – $150.00
Off-Sale Small Brewer – $300.00
On-Sale Brewer Taproom – $300.00
This summary was approved by the City Council of Waconia, Minnesota, on January 7, 2013.
/s/Jim Nash, Mayor
Attest: /s/Susan MH Arntz, City Administrator/City Clerk
(Published in The Waconia Patriot Jan. 17, 2013)