Ord 511 Amend Alcoholic Beverages CodeCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 511
AMENDING TITLE 3, CHAPTER 1, OF THE MENDOTA HEIGHTS CITY CODE
REGARDING ALCOHOLIC BEVERAGES
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
City Code Title 3, Chapter 1— ALCOHOLIC BEVERAGES is hereby repealed and replaced.
Section 2.
3-1-1: PURPOSE
Pursuant to the authority granted it by the Minnesota liquor act, Minnesota statutes Chapter
340A, and the Twenty First Amendment to the United States constitution, the city council
prescribes the licensing procedures and regulations governing the sale and/or consumption of
alcoholic beverages. (Ord. 366, 4-16-2002, eff. 7-15-2002)
3-1-2: STATE LAW ADOPTED.
Minn. Stat. ch. 340A is adopted by reference as set out at length in this chapter. If the other
provisions in this chapter are more stringent than the provisions of Minn. Stat. ch. 340A, the
provisions of this chapter shall be controlling.
State Law reference — Adoption by reference, M.S. § 471.62
3-1-3: DEFINITIONS
All words, terms and phrases used in this chapter, shall have the meanings ascribed to them in
Minn. Stat. § 340A.101 et seq., except where context clearly indicates a different meaning.
State Law reference — Definitions, M.S. § 340A.101
3-1-4: RESPONSIBILITY OF LICENSEE; EMPLOYEES
A. Every licensee under this chapter is responsible for the conduct in the licensed
establishment and any sale of alcoholic beverage by an employee authorized to sell
alcoholic beverages in the establishment is the act of the licenseee
B. No person under 18 years of age may be employed in a place where intoxicating liquor is
sold for consumption on the premises, except persons under 17 years of age may be
employed as musicians or in bussing or washing dishes in a restaurant or hotel that is
licensed to sell intoxicating liquor and may be employed as waiters and waitresses at a
restaurant, hotel, or motel where only wine is sold, provided that the person under 18
years of age may not sell or serve any wine.
C. Alcohol Awareness Training. Within six (6) months of the initial hire date, and biennially
thereafter, every person selling or serving liquor in an establishment that has a license
shall receive training regarding the selling or serving of liquor to customers. Upon
request, proof of training shall be provided by the licensee. The failure of a licensee to
meet this condition shall result in suspension of the license until the condition is met.
3-1-5: LICENSE REQUIRED
A. No person may directly or indirectly, on any pretense or by any device, sell, barter, keep
for sale, or otherwise dispose of alcoholic beverages as part of a commercial transaction
without having obtained a license issued by the city council. (Ord. 366, 4-16-2002, eff.
7-15-2002)
B. No alcoholic beverages shall be sold or consumed or possessed in an open container on a
street or public highway, in an automobile, or in a parking lot of an establishment
currently holding a liquor license. The licensee shall post and maintain a conspicuous
place within the licensed premises at the exits clearly visible to customers: one sign 141/2
inches wide by eight inches high, which states no alcoholic beverages are allowed beyond
this point.
C. Any person licensed to sell intoxicating liquor at on-sale may se113.2 percent malt
beverages at on-sale without further license.
D. The holder of an on-sale wine license who is also licensed to se113.2 percent malt liquors
at on-sale and who carries liquor liability insurance in the limits set forth in M.S. §
340A.409, shall have the right to sell intoxicating malt liquors at on-sale without an
additional license.
State Law Reference — Requirement for state license, M.S. § 340A.401; authority for city to
issue local license for certain sales of malt liquor, M.S. § 340A.403; authority for city to issue
license for certain sales of intoxicating liquor and wine, M.S. § 340A.404.
3-1-6: TYPES OF LICENSES; ELIGIBILITY; EXEMPTIONS
A. Intoxicating Liquor Licenses:
1. Retail, on-sale.
a. An on-sale intoxicating liquor license may be issued to hotels; restaurants;
bowling centers; and clubs or congressionally chartered veterans'
organizations, provided that the organization has been in existence for at
least three (3) years and liquor sales will only be to members and bona
fide guests.
b. An on-sale intoxicating liquor license, an on-sale wine license or an on-
sale malt liquor license may be issued to a theatre or golf course within the
city, notwithstanding any law. The license issued under this paragraph
authorizes sales on all days of the week.
Ordinance 511 Page Z of 16
2. Retail, off-sale. An off-sale intoxicating liquor license may be issued to an
exclusive liquor store.
Retail, on-sale, wine.
a. On-sale wine licenses shall be issued only to restaurants having facilities
for seating at least twenty five (25) guests at one time. A wine license
permits the retail sale of wine up to 24 percent aicohol by volume for
consumption. A wine license authorizes the sale of wine on all days of the
week.
b. A holder of an on-sale wine license issued pursuant to this chapter who is
also licensed to se113.2 percent malt liquors at on-sale shall be permitted
to sell intoxicating malt liquors at on-sale without an additional license.
4. Culinary class limited on-sale license. A limited on-sale intoxicating liquor
license may be issued to a business establishment: (a) not otherwise eligible for an
on-sale intoxicating liquor license; and (b) that, as part of its business, conducts
culinary or cooking classes for which payment is made by each participant or
advance reservation required. The license authorizes the licensee to furnish to
each participant in each class, at no additional cost to the participant, up to a
maximum of six ounces of wine or twelve ounces of intoxicating malt liquor,
during and as part of the class, for consumption on the licensed premises only.
5. Retail, on-sale, Sunday sales. On-sale licenses permit the sale of alcoholic
beverages for consumption on the licensed premises only. Special licenses for
Sunday liquor sales shall be issued only to establishments to which on-sale
licenses have been issued or hereafter may be issued for the sale of intoxicating
liquors in conjunction with the serving of food.
6. Temporaxy, on-sale. On-sale temporary licenses shall be granted only to (1) clubs
or charitable, religious, or other nonprofit organizations in existence for at least
three (3) years for the sale of intoxicating liquor on the premises only on the days
specified in the license. No organization may be granted more than two (2)
temporary licenses in any calendar year. No license shall be issued for more than
four (4) consecutive days.
B. 3.2 Percent Malt Liquor Licenses
1. Retail, on-sale. On sale licenses shall be granted only to bona fide clubs,
restaurants and hotels where food is prepared and served for consumption only on
the premises. On sale licenses shall permit the sale of 3.2 percent malt liquor for
consumption on the premises only.
2. Retail, off-sale. Off sale licenses shall permit the sale of 3.2 percent malt liquor at
retail in the original package for consumption off the licensed premises only.
Ordinance 511 Page 3 of 16
3. Temporary licenses may be granted for special events held by a religious,
charitable, or nonprofit organization that has been in existence for at least three
(3) years for the sale of 3.2 percent malt liquor on the premises only on the days
specified in the license. No organization shall be granted more than two (2)
temporary licenses in any calendar year. No license shall be issued for more than
four (4) consecutive days.
C. The city council, in its discretion, shall have the right to refuse to issue or renew a license
for the sale of alcoholic beverages on any premises on which taxes, assessments or other
financial claims of the city are delinquent and unpaid. Delinquent and unpaid taxes,
assessments, or other financial claims of the city on the premises for which the license
has been issued shall be grounds for the revocation of an alcoholic beverage license.
(Ord. 366, 4-16-2002, ef£ 7-15-2002)
D. Eligibility. No retail license may be issued to:
1. A person under 21 years of age;
2. A person who has had an intoxicating liquor or 3.2 percent malt liquor license
revoked within five (5) years of the license application, or to any person who at
the time of the violation owns any interest, whether as a holder of more than five
percent of the capital stock of a corporation licensee, as a partner or otherwise, in
the premises or in the business conducted thereon, or to a corporation,
partnership, association, enterprise, business, or firm in which any such person is
in any manner interested;
3. A person not of good moral character and repute; or
4. A person who has been convicted, within five (5) years prior to the application for
such license, of a felony or of any willful violation of a federal, state, or local law
governing the manufacture, sale, distribution, or possession for sale or distribution
of 3.2 percent malt liquor, intoxicating liquor, or wine. The city may deny
issuance of a license if it appears that the applicant has had a conviction of any
crime that is directly related to the type of license being sought, as defined by
Minnesota statutes section 364.03, subdivision 2, and if the person has not shown
competent evidence of sufficient rehabilitation and present fitness to perform the
duties and responsibilities of the licensed occupation, as defined by Minnesota
states section 364.03, subdivision 3.
5. A person who has a direct or indirect interest in a manufacturer, brewer, or
wholesaler of alcohol.
6. A person who has an interest, either directly or indirectly, in two (2)
establishments in the city to which on-sale licenses have been issued under this
chapter. No person shall own an "interest", as defined in Minn. Stat. § 340A.101
in more than two (2) establishments or businesses for which on-sale licenses have
been granted under this chapter.
Ordinance 511 Page 4 of 16
7. A person who is the spouse of a person ineligible for a license pursuant to the
provisions of subsections 1 through 6 of this section.
8. A person who is not the real party in interest or a beneficial owner of the business
operated, or to be operated, under the license.
This section applies to a general partner or general manager if the applicant is a
partnership, and corporate officer or general manager if the application is a corporation.
E. Exemptions. Holders of on sale intoxicating liquor licenses are exempt from the
requirement that an on sale 32 percent malt liquor license be obtained, and off sale
intoxicating liquor licensees are exempted from the requirement that an off sale 3.2
percent malt liquor license be obtained before selling 3.2 percent malt liquor.
State Law reference — Similar provisions, M.S. § 340A.402; authority for city regulation of
wine sale, M.S. § 340A.404, subd. 5.
3-1-7: NUMBER OF LICENSES
Not more than the following number of licenses shall be in existence at any one time.
Off sale intoxicating licenses 6
(Ord. 366, 4-16-2002, eff. 7-15-2002)
3-1-8: APPLICATIONS FOR LICENSES
A. Applications for a liquor license shall be required upon initial application, upon license
renewal and upon any change of ownership or business control of a licensed premises. It
shall be unlawful to make any false statements in an application. Every application for a
license to sell alcoholic beverages shall be verified and filed with the city clerk.
B. A liquor license may be issued only for a space that is compact and contiguous. The
building and any permanently constructed and physically attached deck or patio is
recognized as a part of the compact and contiguous licensed premises. The area must be
included as part of the licensed premises on the applicant's liquor license application in
the section that describes the licensed premises and must be covered by liquor liability
insurance. The area must be clearly designated and access to the area controlled. Storage
of alcoholic beverages is not allowed on the attached deck or patio.
C. Every application for the issuance or renewal of a license for the sale of alcoholic
beverages must include a copy of each notice received by the applicant under M.S. §
340A.802 during the preceding year.
D. Applications for the renewal of an existing license shall be made at least 60 days prior to
the date of the expiration of the license and shall be made in such abbreviated form as the
city clerk may approve. Proposed enlargement, alteration or extension of premises
previously licensed shall be reported to the city clerk at or before the time application is
Ordinance 511 Page 5 of 1 C
made. If, in the judgment of the city clerk, good and sufficient cause is shown by the
applicant for failure to file for a renewal within the time provided, the city council may, if
the other provisions of this article are complied with, grant the application. Changes in
the corporate articles or partnership agreement, as the case may be, shall be submitted to
the city clerk within 30 days after such changes are made. In the case of a corporation,
the licensee shall notify the city clerk when a person not listed in the application acquires
an interest in the corporation and shall give all information about the person as is required
in an initial application.
E. Every application for the renewal of a license for the sale of alcoholic beverages must
include proof that all employees authorized to serve or sell alcoholic beverages on the
licensed premises have completed an alcohol awareness program approved by the Chief
of Police.
F. No licensee under this chapter shall enter into an agreement allowing another person to
manage the licensed premises unless said management agreement is in writing and is
conditional upon approval by the city clerk. The licensee shall provide the city clerk with
a copy of the proposed management agreement and such fee as established by ordinance
at least ten days before the agreement is to take effect.
3.1-9: FINANCIAL RESPONSIBILITY; LIABILITY INSURANCE
A. No retail liquor license may be issued, maintained, or renewed unless the applicant
demonstrates proof of financial responsibility with regard to liability imposed by M.S. §
340A.801. The minimum requirement for proof of financial responsibility may be given
by:
1. A certificate that there is in effect for the license period an insurance policy issued
by an insurer required to be licensed under M.S. § 60A.07, subd. 4, or by an
insurer recognized as an eligible surplus lines carrier pursuant to M.S. § 60A.206
or pool providing at least $50,000 of coverage because of bodily injury to any one
person in any one occurrence, $100,000 because of bodily injury to two or more
persons in any one occurrence, $10,000 because of injury to or destruction of
property of others in any one occurrence, $50,000 for loss of ineans of support of
any one person in any one occurrence, $100,000 for loss of ineans of support of
two or more persons in any one occurrence, $50,000 for other pecuniary loss of
any one person in any one occurrence, and $100,000 for other pecuniary loss of
two or more persons in any one occurrence;
2. A bond of a surety company with minimum coverage as provided in paragraph
(1); or
3. A certificate of the state treasurer that the licensee has deposited with the state
treasurer $100,000 in cash or securities which may be legally purchased by
savings banks or for trust funds having a market value of $100,000.
This subsection does not prohibit an insurer from providing the coverage required
by this subsection in combination with other insurance coverage.
Ordinance 511 Page 6 of 16
An annual aggregate policy limit for dram shop insurance of not less than
$300,000.00 may be included in the policy provisions.
A liability insurance policy required by this section must provide that it may not
be canceled for: (1) any cause, except for nonpayment of premium, by either the
insured or the insurer unless the canceling party has first given 30 days' notice in
writing to the city clerk of intent to cancel the policy; and (2) nonpayment of
premium unless the canceling party has first given ten days' notice in writing to
the issuing authority of intent to cancel the policy.
B. Paragraph A does not apply to licensees who by affidavit estabiish that:
1. They are on-sale 3.2 percent malt liquor licensees with sales of less than $25,000
of 3.2 percent malt liquor for the preceding year; or
2. They are off-sale 3.2 percent malt liquor licensees with sales of less than $50,000
of 3.2 percent malt liquor for the preceding year; or
3. They are on-sale wine licensees with sales of less than $25,000 of wine for the
preceding year.
State Law reference — Similar provisions, M.S. § 340A.409.
3-1-10: FEES; TERM
A. Each application for a license required by this division shall be accompanied by a
payment in full of the required fee for that license. All fees shall be paid into the general
fund. Upon rejection of any application for a license or upon withdrawal of application
before approval of the issuance by the city council, the license fee shall be refunded to
the applicant except where rejection is for a willful misstatement in the license
application.
B. All licenses shall expire on the last day of June in each year. Each license shall be issued
for a period of one year, except that if a portion of the license year has elapsed when the
application is made, a license may be issued for the remainder of the year for a pro rata
fee. In computing such fee, any unexpired fraction of a month shall be counted as one
month.
C. The annual fee for a license shall be as established by resolution.
D. Upon written request, a pro rata share of an annuallicense fee for a retaillicense, may be
refunded to the licensee or to the licensee's estate if:
1. The business ceases to operate because of destruction or damage;
2. The licensee dies;
Ordinance 511 Page 7 of 16
3. The business ceases to be lawful for a reason other than a license revocation; or
4. The licensee ceases to carry on the licensed business under the license.
E. At the time of the original application for a license, the applicant shall pay in full an
investigation fee in the amount established by resolution. No investigation fee shall be
refunded. At any time that an additional investigation is required because of a change in
the ownership or control or because of an enlargement, alteration, or extension of
premises previously licensed, the licensee shall pay an additional investigation fee in the
amount established by resolution.
F. Off-sale intoxicating liquor licensees may request a reduction in their annual license fee
by the amount specified in M.S. § 340A.408 if at the time of initial application or renewal
they:
L Agree to have a private vendor approved by the city train all employees within
sixty (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;
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 3-1-22 of this
chapter.
State Law reference—License fees, M.S. § 340A.408; tei-m, M.S. § 340A.411, subd. 2.
3-1-11: GRANTING OF LICENSES
A. Each license to sell alcoholic beverages shall be issued to the applicant only and shall not
be transferable to another holder. Each license shall be issued only for the premises
described in the application. No license may be transferred to another place without the
approval of the city council.
B. The city council shall investigate all facts set out in the application for a liquor license.
The council shall grant or refuse the application in its discretion. No off-sale, wine, or
club license shall become effective until the commissioner has approved it.
State Law referenc�License limited to space specified, M.S. § 340A.410, subd. 7.
Ordinance 511 Page 8 of 16
3-1-14: PLACES INELIGIBLE FOR LICENSE
A. Except for temporary on-sale licenses, no license shall be granted for a location within
one thousand feet (1,000') of a school or seven hundred twenty iive feet (725') of any
church. In the case of a school, the distance is to be measured in a straight line from the
lot on which the establishment is to be located to the nearest point of the lot on which the
school is located. In the case of a church, the distance is to be measured from the lot on
which the establishment is to be located to the nearest point of the church building. The
erection of a school or church within the prohibited area after an original application has
been granted shall not, in and of itself, render such premises ineligible for renewal of a
license. (Ord. 398, 2-15-2005)
B. On-Sale Licenses.
No on-sale tier one intoxicating liquor license shall be granted for a restaurant or
for a hotel that does not have a dining area, open to the general public, with a total
minimum floor area of two thousand (2,000) square feet and dining facilities for
seating a minimum of two hundred (200) guests at one time. (Ord. 417, 2-19-
2008)
2. No on-sale tier two intoxicating liquor license shall be granted for a restaurant
that does not have a dining area, open to the general public, with a total minimum
floor area of one thousand (1,000) square feet and dining facilities for seating a
minimum of fifty (50) guests at one time. (Ord. 447, 4-2-2013)
3. No on-sale wine or on-sale 3.2 percent malt beverage license shall be granted for
a restaurant that does not have a dining area, open to the public, with minimum
seating for at least 25 guests at one time.
4. No on-sale license shall be granted for any place for which an off-sale
intoxicating liquor license has been granted under this chapter.
5. An on-sale 3.2 percent malt liquor license under this chapter may only be issued
to restaurants, hotels, clubs, golf courses and establishments used exclusively for
the sale of 3.2 percent malt liquor. (Ord. 417, 2-19-2008)
C. Off Sales Licenses.
1. No off sale license shall be granted for any establishment that is licensed as an on
sale establishment.
2. No off sale intoxicating liquor license shall be granted:
a. To any premises located in any zoning district other than a B-4 shopping
center district or an MU-PUD district.
Ordinance 511 Page 9 of 16
b. Unless the premises proposed to be licensed contains the following
requirements:
(1) A minimum of two thousand five hundred (2,500) square feet on the
ground floor level for sales and display area; and
(2) A minimum of five hundred (500) square feet of ground floor area,
screened from the display area, or basement level area of the licensed
premises for storage purposes. (Ord. 366, 4-16-2002, eff. 7-15-2002)
3-1-15: CONDITIONS OF LICENSE
Every license shall be granted subject to the conditions of the following subsections and all other
sections of this chapter, and of any other applicable ordinance of the city or state law:
A. Posting. A retail license to sell alcoholic beverages must be posted in a conspicuous
place in the premises for which it is used.
B. Conduct of Business: Every licensee shall be responsible for the conduct of the business
and the conditions of sobriety and order in the place of business and on the premises.
C. Inspection: All licensed premises shall be open to inspection by any police officer or
other designated officer or employee of the city at any time there are persons within the
licensed premises. (Ord. 366, 4-16-2002, eff. 7-15-2002)
D. Restrictions on Sales.
Resale. No licensee under this chapter may sell intoxicating liquor, wine, or 3.2
percent malt liquor to any person for the purpose of resale, or to any person whom
the licensee has reason to believe intends to resell the intoxicating liquor, wine, or
3.2 percent malt liquor without written approval of the commissioner of public
safety.
2. Hotel Rooms. No sale of intoxicating liquor shall be made in guestrooms of
hotels unless the hotel has an on sale license under this chapter. No sales of
intoxicating liquor shall be made to or in guestrooms of hotels, unless the rules of
such hotel provide for the service of ineals in guestrooms; unless the sale of such
intoxicating liquor is made in the manner in which on sale is required to be made;
unless such sale accompanies and is incident to the regular service of ineals to
guests therein; and unless the rules of such hotel and the description, location and
number of such guestrooms are fully set out in the application for a license.
3. Club Sales. No club shall sell an alcoholic beverage except to club members and
to guests in the company of inembers.
Ordinance 511 Page 10 of 16
E. Tampering With Contents.
1. No licensee shall sell, offer for sale, or keep for sale intoxicating liquors in any
original package which has been reiilled or partly refilled.
2. No licensee shall directly or indirectly through an agent, employee, or any other
person dilute or in any manner tamper with the contents of any original package
or bottle so as to change its composition or alcoholic content while the contents
are in the original package or bottle. Possession on the premises of alcoholic
beverages in the original package or bottle differing in composition or alcoholic
content from when it was received from the manufacturer or wholesaler from
whom it was purchased shall be prima facie evidence that the contents of the
original package or bottle have been diluted, changed or tampered with in
violation of this section. (Ord. 366, 4-16-2002, ef£ 7-15-2002)
F. Consumption On Approved Licensed Premises. Consumption of on-sale alcoholic
beverages is allowed only in the approved licensed premises. A restaurant licensed to
sell intoxicating liquor or wine at on-sale under this section may permit a person
purchasing a full bottle of wine in conjunction with the purchase of a meal to remove the
bottle on leaving the licensed premises provided that the bottle has been opened and the
contents partially consumed. A removal of a bottle under the conditions described in this
subsection is not an off-sale of intoxicating liquor and may be permitted without
additional license. (Ord. 412, 5-1-2007)
G. Display Of Alcoholic Beverages During Prohibited Hours. No on sale liquor licensee
shall display intoxicating liquor, wine or 3.2 percent malt liquor to the public during
hours when the sale of intoxicating liquor, wine, or 3.2 percent malt liquor is prohibited
by this chapter.
H. Off Sale Licenses; Additional Restrictions.
Deliveries; Receipt Required. No off sale licensee, his agent or employee, shall
deliver any intoxicating liquor, wine or 3.2 percent malt liquor to or at any place
or premises without obtaining a receipt therefor, signed by the person receiving
such liquor and bearing the time, date and place of delivery. Such receipts shall
be kept in the files of the licensee for a period of one year, and such files and
receipts shall be kept available for inspection by the city clerk or designated city
employee at all hours during which the licensed premises is open for business.
2. Business Name. The city shall not allow the same business name to be used by
more than one of its off sale intoxicating liquor licenses.
3. Samples. No off sale licensee under this chapter shall sell or furnish intoxicating
liquor, wine, or 3.2 percent malt liquor on sale, except an off sale licensee may
provide samples of malt liquor, wine, liqueurs, cordials, and distilled spirits which
the licensee currently has in stock and is offering for sale to the general public,
provided the wine, liqueur, cordial, and distilled spirits samples are dispensed at
Ordinance 511 Page 11 of 16
no charge and consumed on the licensed premises during the permitted hours of
off sale in a quantity less than one hundred milliliters (100 ml) of malt liquor per
variety per customers, fifty milliliters (50 ml) of wine per variety per customer,
and twenty five milliliters (25 mil) of liqueur or cordial, and fifteen milliliters (15
ml) of distilled spirits per variety per customer.
4. Distilled Spirits. An off sale licensee of intoxicating liquor may sell distilled
spirits in bottles of fifty milliliters (50 ml).
5. Coin Operated Amusement Devices. Coin operated amusement devices may not
be made available in establishments holding an off-sale license under this chapter.
(Ord. 366, 4-16-2002, eff. 7-15-2002)
3-1-16: TRANSFER OF LICENSE
A. The license granted under this chapter is for the person and the premises named on the
approved license application. No transfer of a license shall be permitted from place to
place or from person to person without complying with the requirements of an original
application, except in the case in which an existing non-corporate licensee is
incorporating and the incorporation does not affect the ownership, control, and interest of
the existing licensed establishment.
B. A license under this chapter shall immediately notify the city clerk of the following:
1. A change in the corporate or organization officers listed in the license application,
excluding officers or clubs holding club licenses.
2. Any changes in the partnership agreement or lease submitted with the license
application.
3. A change of the managing partner, manager, proprietor, or other person who is in
charge of the licensed premises.
4. Any change in the ownership of an establishment licensed under this chapter,
including any acquisition of an interest in the partnership, corporation, or other
organization by any person not identified in the license application.
C. When an establishment licensed under this chapter is sold or transferred, the licensee
shall immediately notify the city clerk of the sale or transfer. If the establishment that is
sold or transferred is to continue selling or furnishing intoxicating liquor, the new owner
must immediately apply for an appropriate license under this chapter. In addition, a
management agreement, which covers the period between the sale or transfer and the
issuance of the new owner's license, shall be executed between the existing licensee and
the new owner within twenty (20) days following the sale or transfer. The management
agreement shall vest control of all intoxicating liquor sales in the existing licensee or a
manager responsible to the existing licensee. The agreement shall be approved by the
city council.
Ordinance 511 Page 12 of 16
D. A management agreement shall be required of any licensed establishment whose business
is being managed or operated by a person other than the licensee or an employee of the
licensee. No person other than the licensee or an employee of the licensee shall be
permitted to manage or operate an establishment licensed under this chapter until the city
council has reviewed and approved the management agreement and any amendments
thereto.
E. A federally chartered corporation charged with insuring and/or holding assets of banking
or savings and loan institutions which obtains ownership of a hotel or restaurant licensed
to sell intoxicating liquor, files an application for an on-sale liquor license for said
establishment either in its name or the name of a representative thereof, and demonstrates
to the city clerk that it is unable to execute a management agreement with the existing
licensee, may sell intoxicating liquor at the hotel or restaurant pending a decision by the
city council on whether to approve the application for the on-sale liquor license. (Ord.
366, 4-16-2002, eff. 7-15-2002)
3-1-17: HOURS AND DAYS OF OPERATION
A. Hours and Days of operation shall be as follows:
All On-Sale Liquor Establishments All Off-Sale Liquor Establishments
Monday through Sales allowed between 10:00 a.m. and Sales allowed between 8:00 a.m.
Saturday 12:45 a.m. the following day and 10:00 p.m.
Sales allowed between 10:00 a.m. and Sales allowed between 11:00 a.m.
Sunday
12:45 a.m. Monday and 6:00 p.m.
Thanksgiving Sales allowed between 10:00 a.m. and
No Sales allowed
Day 12:45 a.m. Friday
Christmas Eve,
Sales allowed between 10:00 a.m. and Sales allowed between 8:00 a.m.
December 24, if
12:45 a.m. Dec 25 and 8:00 p.m.
not a Sunday
Christmas Day, Sales allowed between 10:00 a.m. and
No Sales allowed
December 25 12:45 a.m. Dec 26
Ordinance 511 Page 13 of 16
B. On-Sale Licensees; Hours of Consumption And Display. No on-sale licensee shall
permit the consumption or display of any beverages containing more than one-half of one
percent (0.5%) of alcohol by volume on his or her premises during the hours when the
sale of such beverage is prohibited by this chapter or state law; provided, however, that
the licensee shall be allowed a thirty (30) minute period following the closing hour to
clear the premises of customers who were present at the closing hour, and such customers
may consume any such beverage purchased by them before the closing hour. All
customers and nonworking employees shall be cleared of the premises by thirty (30)
minutes past the closing hour. (Ord. 366, 4-16-2002, ef£ 7-15-2002; amd. 2003 Code)
3-1-18: GAMBLING PROHIBITED
A. Except as otherwise provided in M.S. § 340A.410, no retail establishment licensed to sell
alcoholic beverages may keep, possess, or operate, or permit the keeping, possession, or
operation on the license premises of dice or any gambling device as defined in M.S. §
349.30, or permit gambling therein.
B. Gambling equipment may be kept or operated and raffles conducted on licensed premises
and adjoining rooms when the use of the gambling equipment is authorized under M.S.
Ch. 349.
State Law Reference — Similar provisions, M.S. § 340A.410, subd. 5
3-1-19: MINORS
A. Consumption. It is unlawful for any:
1. Retail establishment holding a liquor license to permit any person under 21 years
of age to consume alcoholic beverages on the license premises; or
2. Person under 21 years of age to consume any alcoholic beverages unless in the
household of the person's parent or guardian and with the consent of the parent or
guardian.
B. Purchasing. It is unlawful for any person:
To sell, barter, furnish, or give alcoholic beverages to a person under 21 years of
age, except that a parent or guardian of a person under 21 years of age may give
or furnish alcoholic beverages to that person solely for the consumption in the
household of the parent or guardian.
2. Under 21 years of age to purchase or attempt to purchase any alcoholic beverage;
or
To induce a person under 21 years of age to purchase or procure any alcoholic
beverage;
4. For a person under 21 years of age to request a person over 21 years of age to sell,
barter, furnish or give alcoholic beverages to a person under 21 years of age.
Ordinance 521 Page 14 of 16
C. Possession. It is unlawful for a person under 21 yeaxs of age to possess any alcoholic
beverage with the intent to consume it at a place other than the household of the person's
parent or guardian. Possession at a place other than the household of the parent or
guardian is prima facie evidence of intent to consume it at a place other than the
household of the parent or guardian.
D. Entering License Premises. It is unlawful for a person under 21 years of age to enter an
establishment licensed for the sale of alcoholic beverages or any municipal liquor store
for the purpose of purchasing or having served or delivered any alcoholic beverage.
E. Misrepresentation of Age. It is unlawful for a person under 21 years of age to
misrepresent his or her age for the purpose of purchasing alcoholic beverages.
F. Proof of Age. Proof of age for purchasing or consuming alcoholic beverages may be
established oniy by a valid driver's license or state identification card, a valid military
identification card issued by the United States Department of Defense, or in the case of a
foreign national by a valid passport.
3-1-20: SALES TO, CONSUMPTION BY CERTAIN PERSONS
A. Intoxicated Persons. No person may sell, give, furnish, or in any way procure for another
alcoholic beverages for the use of an obviously intoxicated person.
B. Consumption on Unlicensed Premises. No person shall consume or mix or prepare
intoxicating liquor for consumption in any public place not licensed or authorized in
accordance with the ordinances of the City of Mendota Heights and the state of
Minnesota.
3-1-21: ALTERATION OF PREMISES
Proposed enlargement, alteration or extension of premises previously licensed shall be reported
to the city clerk at or before the time application is made for a building permit for any such
change, and the licensee shall also give such information as is required by Section 3-1-8 of this
chapter. (Ord. 366, 4-16-2002, eff. 7-15-2002)
3-1-22: SANCTIONS FOR LICENSE VIOLATIONS
A. The city council may either suspend for up to 60 days or revoke a license to sell alcoholic
beverages or impose a civil fine not to exceed two thousand dollars ($2,000.00) for each
violation on a finding that the license or permit holder has failed to comply with an
applicable statute, regulation, or ordinance relating to alcoholic beverages. No
suspension or revocation takes effect until the license holder has been afforded the
opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedures
Act.
Ordinance 511 Page 15 of 16
B. If the commissioner of public safety has imposed a civil penalty or a suspension against
the same licensee for the same act, imposition of an additional penalty or suspension by
the city is not precluded; provided, that the total penalty or suspension does not exceed
the maximum specified by state law. (Ord. 366, 4-16-2002, ef£ 7-15-2002)
3-1-23: VIOLATION; PENAI,,TIES
A. Any person who shall commit or do any other act that violates the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine not to exceed seven hundred dollars ($700.00) or imprisonment for a period not
to exceed ninety (90) days, or both. (Ord. 366, 4-16-2002, ef£ 7-15-2002)
Section 3.
This ordinance shall take effect on July 1, 2017, and after its publication according to law.
Adopted and ordained into an Ordinance this 20�' day of June, 2017.
ATTEST
i•
Lorri Smith, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
r
�
Neil Garlock, Mayor
Ordinance 511 Page 16 of 16
SUMMARY PUBLICATION
CITY OF MENDOTA HEIGHTS ORDINANCE NO. 511
ALCOHOLIC BEVERAGES
The City Council of the City of Mendota Heights, MN ordains:
The City of Mendota Heights Code of Ordinances, Title 3, Chapter 1, Alcoholic Beverages is
hereby deleted in its entirety and restated to update the ordinance with new up to date language.
Major changes to the Code language include the following:
Bringing the Alcoholic Beverages Code more in line with state statutes regulating liquor
Adding language to allow Off Sale intoxicating liquor sales on Sundays
Allow Off Sale licensees to sell until 10:00 pm Monday through Saturday
Deleting the requirement that a certain percentage of sales must come from
food/nonalcoholic beverages, thereby eliminating the CPA verification of total sales with the
renewal application
Deleting the limits on the total number of licenses allowed in the City for On Sale licenses
Deleting the requirement of an official public hearing for new licenses and for renewals
Deleting the requirement of a surety bond
Amending the amounts and conditions of liquor liability insurance requirements so that they
are consistent with state statutes
Deleting the requirement of verifying political contributions made to candidates for an
elected city office
Adding a requirement for server training of all employees serving or selling alcohol
The ordinance will take effect on July 1, 2017. The complete text of Ordinance No. 511 may be
obtained at the city hall or from the City’s website at www.mendota-heights.com .
th
Adopted this 20 day of June, 2017.
CITY COUNCIL OF MENDOTA HEIGHTS
/s/ Neil Garlock, Mayor
Attest:
/s/ Lorri Smith, City Clerk