ADMINISTRATION - Cathy Sorensen, City Clerk
Title
SECOND READING
AMENDING CHAPTER 6 - ALCOHOLIC BEVERAGES, ARTICLE II. - INTOXICATING LIQUOR AND 3.2 PERCENT MALT LIQUOR, SEC. 6-38. - KINDS OF LIQUOR LICENSES; SEC. 6-47. - RESTRICTIONS ON ISSUANCE OF LICENSE; AND SEC. 6-48. - CONDITIONS OF LICENSE
Background
As part of Council direction to allow the sale of intoxicating liquor by nonprofit organizations, below is the proposed code amendment to Chapter 6 - Alcoholic Beverages. There have been no changes since first reading on March 18, 2016.
Recommendation
Hold second reading and adopt the proposed ordinance.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
Sec. 6-38. - Kinds of liquor licenses.
The city council is authorized to issue the following licenses and permits, up to the number specified in section 6-36. All provisions of this chapter that apply to a retail liquor license shall apply to a license issued under this subdivision unless the provision is explicitly inconsistent with this subdivision.
(1) 3.2 percent malt liquor on-sale licenses, which may be issued only to restaurants, hotels, clubs, bowling centers with the incidental sale of tobacco and soft drinks.
(2) 3.2 percent malt liquor off-sale license.
(3) Temporary intoxicating and 3.2 percent malt liquor licenses, which may be issued only to a club, charitable, religious or nonprofit organization, in connection with a social event sponsored by the licensee. Any temporary license issued under this section shall be for a period not to exceed [seven] four consecutive days and the City Council shall issue no more than 12 days’ worth of temporary licenses to any one organization in one calendar year, or that which is allowed by State Statute as amended from time to time.
(a) A temporary on-sale intoxicating or 3.2 percent malt liquor license may authorize on-sales on premises other than the premises the organization owns or permanently occupies.
(b) The license will be issued for a specific date, time, and place.
(c) No license issued under this subdivision will be valid unless first approved by the Commissioner of Public Safety and the Chief of Police or their designee.
Sec. 6-47. - Restrictions on issuance of license.
(f) No license, other than a temporary intoxicating or 3.2 percent malt liquor license or brewer taproom, shall be granted to a premises located within 500 feet of any school or church. The distance is to be measured from the closest side of the school or church to the closest side of the structure on the premises within which liquor is to be sold.
Sec. 6-48. - Conditions of license.
(5) Within 60 days after employment, every person selling or serving liquor in an establishment shall receive training regarding the selling or serving of liquor to customers. The cost of such training shall be the responsibility of the employee or the licensee. Such training shall be provided and conducted in a manner by an organization approved by the city. A certificate indicating proof of such training for all employees is required and such certificate shall be maintained on the premises of the licensed establishment and a copy shall be provided to the city. Responsible parties and managers are required to complete approved training relating to selling or serving liquor within the City of Blaine.
(6) Prior to approval of a temporary intoxicating or temporary 3.2 percent malt liquor license, proof of alcohol server training must be submitted. The cost of such training shall be the responsibility of the licensee. Such training shall be provided and conducted in a manner by an organization approved by the city. A certificate indicating proof of such training for all servers is required and such certificate shall be maintained on the premises of the licensed premise and a copy shall be provided to the city.
[(6)] (7) Any restaurant holding an on-sale liquor license must provide food service to its customers everywhere on the premises where alcohol is present or served. For the purpose of this section "food service" means a licensed restaurant shall provide sandwiches, pizza, hamburgers, hot dogs, chicken wings or other principal food items, as approved by the city. Food items such as popcorn, peanuts, chips, pretzels, and other snack foods would not be considered food items.
INTRODUCED AND READ in full the 17th day of March, 2016.
PASSED by the City Council of the City of Blaine this 7th day of April, 2016.