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2008-08 BILL NO. 2008-8 AN ORDINANCE RELATING TO SALE OF INTOXICATING LIQUOR BY HOTELS, ON-SALE WINE LICENSES AND COMBINATION LICENSES; AMENDING SUBSECTIONS 1202.01, 1202.05, 1202.07 AND 1202.21 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1202.01, subdivision 7 of the Richfield City Code is amended to read as follows: Subd. 7. "Hotel" means an establishment where food and lodging are regularly furnished to transients and which has: (i) a dining room serving the general public at tables and having facilities for seating at least 30 guests at one time; and (ii) not fewer that ~ 125 guest rooms, each room havinq an area of no less than 150 square feet. Sec. 2. Subsection 1202.05, subdivision 3(d) of the Richfield City Code IS amended to read as follows: (d) Wine. (1) On-sale wine licenses may be issued to restaurants, hotels and ffiffis . (2) No more than seven wine licenses may be issued. Sec. 3. Subsection 1202.07, subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Ineligible places. No license shall be granted to or held by: (a) any premises upon which taxes or assessments or other financial claims of the city or of the state are due, delinquent and unpaid. The city council may, upon request by the applicant or licensee, waive strict compliance with this provision if the applicant or licensee has contested their tax liabilities or other financial claims through a process permitted by federal or state regulations or by city ordinance; or is working out debt problems under the supervision of a bankruptcy court or pursuant to some other formal agreement. No waiver may be granted, however, if taxes or any portion thereof, remain unpaid for a period exceeding one year after become due; or (b) any premises owned by a person who is ineligible under this chapter. Premises are not disqualified if the sole basis for disqualification is that the owner is a minor; or (c) with respect to an on-sale intoxicatinq liquor license, any premises that has a common entrance or exit between the area in which intoxicatinq liquor will be sold and any other business or establishment. A public concourse or lobby shall not be construed as a common entrance or exit for purposes of this subsection. Sec. 4. Subsection 1202.21, subdivision 6 of the Richfield City Code is amended to read as follows: Subd. 6. No combination sales. (a) On-sale licensees may not sell alcoholic beverages off-sale. (b) No 3.2' percent malt liquor licensee may permit the consumption of intoxicating liquor on the licensed premises, unless licensed to do so. The holder of an on-sale wine license issued pursuant to state law and this Code who is also licensed to sell on-sale 3.2 percent malt liquor pursuant to state law and this Code, and whose qross receipts are at least sixty (60) percent attributable to the sale of food and non-alcoholic beveraqes is authorized to sell intoxicatinq malt liquor at on-sale without an additional license, provided that valid sales fiqures are submitted to the public safety director at the time the on-sale wine license is renewed Sec. 5. Subsection 1202.21, subdivision 18 of the Richfield City Code IS amended to read as follows: Subd. 18. Restaurants and hotels Food requirements. @l Restaurants and botels licensed under this chapter must be conducted such that of the total alcohol and food sales, more than fifty (50) percent of that total is derived from business activities related to the serving of food. (b) Hotels licensed under this chapter must be conducted such that of the total alcohol and food sales, more than twenty (20) percent of that total is derived from business activities related to the servinq of food. A hotel licensee must make food available for purchase or consumption at any time that alcoholic beveraqes are sold or served by the licensee. (c) A licensee holdinq a wine license under this section shall not allow any person to consume wine unless the wine is consumed with a meal. Sec. 6. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted the 22nd day of April, 2008 by the City Council of the City of Richfield, Minnesota. ATTEST: ~<~~ Nancy Gi s City Clerk ~ CodfJ- Debbie Goettel, Mayor City of Richfield (Official Publication) SUMMARY PUBLICATION BILL N0.2008-8 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Richfield Sun-Current and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 1 day of May 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ____ day of 2008; and printed below is a copy of the lower case alpha- betfrom A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 1 day of May , 2008. AN ORDINANCE RELATING TO SALE OF INTOXICATING LIQUOR BY HOTELS, ON-SALE WINE LICENSES AND COMBINATION LICENSES; AMENDING SUBSECTIONS 1202.01, 1202.05, 1202.07 AND 1202.21 OFTHE RICHFIELD CITY CODE On April 22, 2008, the Richfield City Council adopted an ordinance designated as Bill No. 2008-8, the title of which is stated above. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance changes the requirements for the is- suance of an intoxicating liquor license to a hotel by re- quiring the hotel to have at least 125 rooms that are at least 150 square feet in area and by requiring that the gross revenues from sale of alcohol and food be comprise of at least 20 percent in food sales. The ordinance also amends the city code to conform to state law with respect to issuance of wine licenses, combination wine and beer licenses and the issuance of on-sale intoxicating liquor li- censes to premises with two business establishments. Copies of the ordinance are available for public in- spection in the office of the City Clerk during normal busi- ness hours or upon request by calling 612-861-9880 of the Public Safety Department. Adopted by the City Council of the City of Richfield, Min- nesota this 22nd day of April, 2008. /s/ Nancy Gibbs, City Clerk (May 1, 2008) d2-bill 2008-8 Notary Public MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 11-09 i