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File #: ORD 16-2344    Version: Name: Off-Sale Intoxicating Fee Reduction
Type: Ordinance Status: Passed
File created: 3/17/2016 In control: City Council
On agenda: 3/17/2016 Final action: 3/17/2016
Title: SECOND READING CHAPTER 6 - ALCOHOLIC BEVERAGES - ARTICLE II - INTOXICATING LIQUOR AND 3.2 PERCENT MALT LIQUOR - SEC. 6-39 LICENSE FEES
Sponsors: Catherine Sorensen

ADMINISTRATION - Cathy Sorensen, City Clerk

 

Title

SECOND READING

 

CHAPTER 6 - ALCOHOLIC BEVERAGES - ARTICLE II - INTOXICATING LIQUOR AND 3.2 PERCENT MALT LIQUOR - SEC. 6-39 LICENSE FEES

 

Schedule of Actions

First Reading

03/03/16

Second Reading

03/17/16

 

Background

340A.408 subd. 3(c) states that cities must reduce the fee for off-sale intoxicating liquor licenses for licensees who agree to participate in programs that reduce underage drinking. Off-sale liquor licensees are entitled to a mandatory $100.00 fee reduction if they do all of the following at the time of application and before any renewal:

                     Agree to have a private vendor train all employees within 60 days of hire and annually thereafter in laws pertaining to the sale of alcohol, the rules for identification checks, and the responsibilities of establishments serving intoxicating liquors.

                     Post a policy requiring identification checks for all persons appearing to be 30 years old or less.

                     Establish a cash award and incentive program to award employees who catch underage drinkers, and a penalty program to punish employees in the event of a failed compliance check before the license is issued or renewed.

 

First reading was held on March 3 and a letter will be sent to all off-sale intoxicating liquor license holders explaining how to take advantage of the fee reduction by complying with Statute requirements.  Off -sale intoxicating liquor licensees may opt not to take advantage of the provisions of the statute and not request the fee reduction.

 

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. 6-39. - License fees.

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

(b)                     The council may establish from time to time by ordinance or resolution the fee 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 article. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licenses at least 30 days before the hearing.

(c)                     All license fees shall be paid in full at the time of the original application or at the time the application for renewal is filed with the city. If the application is denied, the license fee shall be returned to the applicant.

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

(e)                     Off-sale intoxicating liquor licensees may request a reduction in their annual license fee by the amount specified in Minn. Stat. § 340A.408 if at the time of initial application or renewal they:

(1) Agree to have a private vendor approved by the City train all employees within 60 days of hire and annually thereafter in laws pertaining to the sale alcohol, the rules for identification checks, and the responsibilities of establishments serving intoxicating liquors;

(2) Post a policy requiring identification checks for all persons appearing to be 30 years old or less;

(3)                     Establish a written cash award and incentive program to award employees who catch underage drinkers and a written penalty program to punish employees in the event of a failed compliance check;

(4)                     Failure to abide by the provisions of this paragraph may result in suspension of the license until the conditions of the fee reduction are met and may result in suspension and/or revocation of the license pursuant to Section 6-52 of this ordinance.

(Ord. No. 07-2136, 7-19-2007; Ord. No. 15-2335, 12-17-2015)

 

 

INTRODUCED AND READ in full the 3rd day of March, 2016.

 

PASSED by the City Council of the City of Blaine this 17th day of March, 2016.