City Council Ordinance 394ORDINANCE AMENDMENT NO. 394
City of Monticello
Wright County, Minnesota
AN ORDINANCE AMENDING TITLE 3, CHAPTER 1
OF THE MONTICELLO CITY ORDINANCE
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS AS FOLLOWS:
Section 1: Title 3, Chapter 1, Section 3-1-4 shall be amended to read as follows:
LICENSE FEES: Each application for a license shall be accompanied by a receipt
from the treasurer for payment in full of the required fee for the license. All fees shall be
paid into the general fund of the City. Upon rejection of any application for a license,
the treasurer shall refund the amount paid. 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.
The annual fee for an "on -sale" license shall be on a fee schedule adopted by the City
Council. The annual fee for an "on -sale" extended hours license shall be set forth by
the state.
The annual fee for an "off -sale" license shall be on a fee schedule adopted by the City
Council.
No part of the fee paid for any license issued under this chapter shall be refunded
where a license is revoked, but there shall be refunded a pro rata portion of the fee for
the unexpired period of the license upon cancellation.
Section 2: Title 3, Chapter 2, Section 3-1-5 is amended to read as follows:
The Council shall investigate all facts set out in the application. After such investigation,
the Council shall grant or refuse the application in its discretion.
Each license 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 Council.
Section 3: Title 3, Chapter 1, Section 3-1-8(K) is amended to read as follows:
Every licensee shall not conduct business on the premises between the hours of two
o'clock (2:00) a.m. and eight o'clock (8:00) a.m., Monday through Saturday inclusive,
or on any Sunday between the hours of two o'clock (2:00) a.m. and twelve o'clock
(12:00) noon, nor permit the presence of customers on the premises between the hours
of two thirty (2:30) a.m. and eight o'clock (8:00) a.m., Monday through Saturday
inclusive, or on any Sunday between the hours of two thirty (2:30) a.m. and twelve
o'clock (12:00).
Section 4: Title 3, Chapter 1, Section 3-1-9 is amended to read as follows:
CLOSING HOURS: No sale of non -intoxicating liquor shall be made on any
Sunday between the hours of two o'clock (2:00) a.m. and twelve o'clock (12:00)
noon. No sale shall be made between the hours of two o'clock (2:00) a.m. and eight
o'clock (8:00) a.m. on any week day, Monday through Saturday inclusive.
Section 5: Title 3, Chapter 2, Section 3-2-4 (C) is amended to read as follows:
The annual fee for an "on -sale" license shall be adopted by the City Council except as
stated in 3-2-4 [D]. The annual fee for a special club license shall be a fee schedule
adopted by the City Council. The annual fee for an extended hours license shall be as
set forth by the State of Minnesota.
Section 6: Title 3, Chapter 2, Section 3-2-5 is amended to read as follows:
The Council shall investigate all facts set out in the application. After such
investigation, the Council shall grant or refuse the application in its discretion.
Section 7: Title 3, Chapter 2, Section 3-2-7 is amended to read as follows:
PLACES INELIGIBLE FOR LICENSE: No on -sale license shall be granted to any
person who does not have invested or does not propose to invest in the fixtures and
structure of the proposed on -sale establishment, exclusive of land, an amount of at least
Two Hundred Thousand Dollars ($200,000). The Council may provide for an
independent appraisal at applicant's expense as an aid in determining the value of said
premises. In the event this requirement as to investment is not complied with within one
year from the date of issuance of the license, the license may be revoked.
Section 8: Title 3, Chapter 2, Section 3-2-8(C) is amended to read as follows:
Every licensee shall not conduct business on the premises between the hours of two
o'clock (2:00) a.m. and eight o'clock (8:00) a.m., Monday through Saturday inclusive,
or on any Sunday between the hours of two o'clock (2:00) a.m. and twelve o'clock
(12:00) noon, nor permit the presence of customers on the premises between the hours
of two third o'clock (2:30) a.m. and eight o'clock (8:00) a.m., Monday through
Saturday inclusive, or on any Sunday between the hours of two thirty o'clock (2:30)
a.m. and twelve o'clock (12:00) noon; however, further provided that no intoxicating
liquor may be sold or served on Sunday, whether directly or indirectly, except between
the hours of twelve o'clock (12:00) noon and two o'clock (2:00) a.m. Monday and
then only in conjunction with the serving of food to persons who are seated at tables
within the licensed premises.
Section 9: Title 3, Chapter 3, Section 3-3-2 is amended to read as follows:
DISPENSARY ESTABLISHED: PLACES TO DRINK: There is hereby established
a municipal liquor dispensary for the off sale of intoxicating liquor. No liquor may be
sold at retail in the city except in the dispensary. No person shall consume liquor in a
public park or on a public street.
Section 10: Title 3, Chapter 3, Section 3-3-6 is amended as follows:
(D) DELETED
(J) DELETED
Section 11: Title 3, Chapter 4, Section 3-4-3(C) is amended to read as follows:
(C) The annual fee for the license shall be a fee schedule adopted by the City Council.
The annual fee for an extended hours license shall be as set forth by the State of
Minnesota.
Section 12: Title 3, Chapter 4, Section 3-4-3 is amended by adding (F) as follows:
(F) Every licensee shall not conduct business on the premises between the hours of two
o'clock (2:00) a.m. and eight o'clock (8:00) a.m., Monday through Saturday inclusive,
or on any Sunday between the hours of two o'clock (2:00) a.m. and twelve o'clock
(12:00) noon, nor permit the presence of customers on the premises between the hours
of two -thirty (2:30) a.m. and eight o'clock (8:00) a.m., Monday through Saturday
inclusive, or on any Sunday between the hours of two -thirty (2:30) a.m. and twelve
o'clock (12:00) noon.
Section 13: Title 3, Chapter 11, Section 3-11-5(A) is amended to read as follows:
(A) Amount. The annual fee for a wine license shall be in the amount duly
established by the Council from time to time. The annual fee for an extended
hour wine license shall be in an amount established by the state.
Section 14: Title 3, Chapter 11, Section 3-11-6(A) is amended to read as follows:
(A) Investigation and Issuance. The City Council shall investigate all facts set out in
the application. After the investigation, the Council shall, in its discretion, grant
or refuse the application. No wine license shall become effective until it,
together with the security furnished by the applicant, has been approved by the
State Liquor Control Director.
Section 15: Title 3, Chapter 11 Section 3-11-10 is amended to read as follows:
HOURS OF SALE: No sale of wine under this license shall be made between the
hours of two o'clock (2:00) a.m. and eight o'clock (8:00) a.m., Monday through
Saturday inclusive, or on any Sunday between the hours of two o'clock (2:00) a.m. and
twelve o'clock (12:00) noon, nor permit the presence of customers on the premises
between the hours of two -thirty (2:30) a.m. and eight o'clock (8:00) a.m., Monday
through Saturday inclusive, or on any Sunday between the hours of two -thirty (2:30)
a.m. and twelve o'clock (12:00) noon.
Section 16: Title 3, Chapter 11, Section 3-11-11 is amended to read as follows:
COMBINATION WINE/3.2 BEER ON -SALE OPTION: Provided that an applicant
meets or exceeds the requirements of this chapter and the requirements of Title 3,
Chapter 1, which pertain to 3.2 Beer on -sale, said applicant may apply for a single
license authorizing the sale and consumption of wine not to exceed 14% alcohol by
volume and beer not to exceed 3.2% alcohol by volume. (Intoxicating malt liquor may
be sold on premises holding both a 3.2% malt liquor on -sale license and a wine
license.) Fees for said combination license shall be according to a fee schedule adopted
by the City Council. Fees for an extended hours license shall be according to the fees
established by the state.
Section 17: This ordinance shall be effective upon its publication..
Adopted by the Monticello City Council this 14' day of July, 2003.
_2�xa
Bruce Thielen, Mayor
ATTEST:
Rick Wolfsteller, City Xdministrator