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1980-13BILL 1980-13 r AI~IENDi~lENTS TO CHAPTER IV, APPENDIX D AND CHAPTER X, PART III OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD City of Richfield Does Ordain: I. Chapter IV, of the Ordinance Code of the City of Richfield .dealing with the regulation of Public places is hereby .- amended by adding thereto Section 4.17 which shall read as follows: 4.17 SALE AND CONSUMPTION OF BEER IN PARKS Subdivision 1. Definitions. The following terms shall have the meanings described herein: (1) "Sale" means all means of furnishing and .includes but is not limited to the furnishing for money or other consideration. (2} "Beer" means any beverage which is produced wholly or r ., _in part from the brewing of any grains or malt or malt substitute and containing more than one-half of one percent alcohol by volume. (3) "Organization" means any entity having religious, veteran, charitable or business activities as its principal purpose and which qualifies in all respects for the issuance of a license to sell the type of beer to be furnished at the activity or event for which the permit is being sought. Subd. 2. Sale and Consumption rohibited. E:~cept as permit- ted by this section, the sale or consumption of alcoholic beverages is prohibited in the public parks of the city. Subd. 3. Pernlit. Any organization desiring to sell .beer in Taft or Augsburg Pas~r-iay apply for a perr:lit to do so. Such applicaticn shall be made upon forms furnished by the city clerk for that pu~ose. Subd. 4. Application. The application shall contain the following information together with any additional informa- tion requested by the city: (1} Full name and address of the organization. {2) A brief statement of the organization's purposes and activities. 1 yY: r _~ (3) The length of time the organization has been in existence. {~) The number of active members. (5} A brief description of the event or activit~~• for which the permit is being requested. (6) The park proposed to be used for the activity . including .any'"facilities in the park which will be used. (7) The dates and times for which the.. permit is re-. quested. (8) The anticipated number of participants. ~~~ c. (9) The person or persons from the organization who will be in responsible charge of the event or activity and of the sale of beer. The application shall be made to the city manager who may refer the application to such departments as he deems advis- able for review. The city manager shall then make his recommendation to the city council which may grant or deny the permit. Subd. 5. Permit Fee. The fee shall be as provided in Appendix D of this Code and shall be paid in full at the time of application. Subd. 6. Bond. The council may require, as a condition of issuance of the permit, an indemnity bond holding the city harmless from liability of any kind or character and reim- bursing the city for any property damage or clean-up costs. The council may also require, in addition to or in lieu of such bond, that the organization furnish proof of insurance adequately covering all such actions, claims or costs, and may require that the city be made an additional insured. Subd. 7. Conditions of Issuance. Organization Permits may be issued only to organizations which qualify in all re- spects with the following criteria: (1) Is located in tale City of Richfield. (2) Has been in continuous existence for a period of; at least 3 years. (3) Has at least 20 active members. (4) Has established to the satisfaction of tiie city that the proposed event or activity will be con- 2 I ! L~ 1 ducted and will be controlled in such a way as not to constitute a hazard to or a source of nuisance or annoyance to other persons in the park or on adjacent property. (S) Has designated persons in responsible charge who are free of convictions for offenses relating to the fitness of such persons to perform their duties. (6) Has a currently valid license issued by the city authorizing the sale of the type of beer to be sold at the activity or event for which the permi~ is being sought. Currently valid licenses pre- viously granted to the organization allowing suc:. sale at a different location within the city will• satisfy this requirement provided that the insur- ance and bond required under such license cover the sale of beer in a public park. (7) Executes a written agreement in form acceptable to the city releasing the city from any claim by the organization and holding the city harmless from any claims by others arising out of or occasioned by cancellation of ther permit pursuant to sub- divisions 9 and 10 of this section. LJ Subd. 8. Conditions on Permitted Activity. The following I conditions apply to the activity: (~.) Sale or constm2ption of beer is allowed only i.n connection with National or State holidays or durirct civic celebrations so designated by the Council. Sale and consumption is further limited to the dates and times specified by the Council in the permit. (2) The sale and consumption of beer is not allowed in streets or parking areas adjacent to the park. The council may further limit the areas within the park where beer may be sold or consumed. (3) The sale of beer to and consumption of beer by individuals who are forbidden by any statute or ordinance from purchasing or consuming such bev- erage is not allowed under the permit. Tt:e council may further limit the sale or consumption to be allowed under the permit. (4) Alcoholic beverages other than the beer sold by~ the organization holding the per:~cit m~.y clot be consumed in the park. (5) The event or activity must be conducted and con- trolled in such a manner as not to constitute a hazard to or a source of nuisance or annoyance to other persons in the park or on adjacent property. 3 (6) All rubbish, trash and debris shall be removed from the park and disposed of by the organization promptly at the conclusion of the event or acti~r- ity. The organization shall be responsible for all clean-up expenses. (7 ) The sale to each customer at an-~ one time mar r_ct exceed 16 ounces of beer (E) A police officer or officers, as detezrlined by the c~ourcil, would be in atterclance at the permit site at tl~:e expense of the applicant' at all timers and w~.i1e beer is ~'-~3 sole',. 5ubd. 9. Cancellation of Permit. If, at any time following the issuance of the permit, the city manager or the director of public safety conclude that the sale of beer' - for which the permit was granted will likely be detrimental . to the public health, safety or welfare, or will likely result in violation of statutes or ordinances relating to sale of alcoholic beverages, or is likely not to be ade- - quately controlled by the organization, then either may recommend to the council that the permit be cancelled. The ' council shall consider the recommendation at its next regu- larly scheduled council meeting occurring at least 5 da~rs from the date of such recommendation. The council may cancel the permit, or allow it to continue in effect or may modify such permit as it deems necessary. -If the event has already commenced, or if sufficient time does not exist to-bring the matter before the council, the city manager, upon the recommendation of the public safety director, may act to cancel the permit. If the permit i,s cancelled, while the activity is in progress, the police division shall immediately ,notify the person in charge of the sale of beer of such cancellation. The organi- zation shall immediately cease the sale of beer and shall immediately remove all unsold beer from the park. At the request of the police division the organization will assist in the restoration of order in the park and shall, if re- quested, cancel the event or activity. Subd. 10. Consumption and Possession After Cancellation. Any person lawfully purchasing beer from the organisation prior to cancellation of the permit may lawfully possess and consume such beer in the park for a period of 30 mlliutes following such cancellation. Thereafter possession or consumption of beer in the park is illegal. The police division take reasonable steps to notify those present in the park of such time limit but failure. to give such notice tb a particular individual shall not constitute a defense b~•~ such individual to any charge arising out of such illegal possession or comsumption Before any individual may be charged under this subdivision, he shall be informed that his possession or consumption is illegal and be given aIi opportunity to surrender the beer in tlis possession. No charge shall be brought against such individual if he ~" ~ promptly and voluntarily surrenders his beer at that time. ~_ . __ 4 1 ~, II. Appendix D on the Ordinance Code of the City of Richfield containing the various permit and license fees is hereby amended by adding the following ne~a paragraph to Section 8 thereof: TYPE OF PERMIT SECTION FEE OR LICENSE REQUIRING (5) Beer in Park 4.17 $ ' III. Chapter X, Part III, Section 10.16 of the Ordinance Code or, • the City of Richfield defining certain misdemeanor offenses is hereby amended by amending Subdivision 5 thereof to read as .follows: Subdivision 5. Public Possession and Consumption of Alco- holic Beverages. Except as permitted in Section 4.17 of this Code, [A]ny person who consumes intoxicating liquor as defined by Minnesota Statutes Section 340.07, subdivision 2 or non-intoxicating malt liquor as defined by Minnesota Statutes Section 340.001, Subdivision 2, while (1) on a public street, park or other public place, or (2) on -any private property without the consent of the owner of such property, or (3) while in a vehicle upon any public street and any person who possesses such intoxi- cating or nor-intoxicating liquor in any park including all public ,parking areas 1_ocated within or .immediately adjacent to any park. Passed by the City Council of the City of Richfield, Minnesota this 9th day of ATTEST: Syla,Berg City Cle x,- ~~ 1 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION RICHFIELD SUN 9615 Lyndale Avenue South Bloomington, Minnesota State of Minnesota County of Hennepin D. K. MDRTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The Richfield Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisement. (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the County of Hennepin, and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (6) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed B z l l 1 9 8 0 1 3 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for Orie successive weeks that it was first so published on Wed • the 18 day of June lg 8 0 and was thereafter printed and published on every to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abedefghij klmnopgrstuvwxyz r r Subscribed and sworn to before me this ~-8 day of June lg 8~ %iy/~ '`~ /' i'"` ~~ ~t'L1 ~~ r ~ i''7`. fem. ~ -k'"~ -. ~°"'"'"~ MER}ALL M. F~~a~tOM ~~ NGTARY fi1nLIC • MINNESOTA HL-NNEPiN CCUN7Y My commission expires July 2, 1486~M (Official Publication) BILL 1980-13 AMENDMENTS TO CHAPTER IV, APPENDIX D AND CHAPTER X, PART II)i OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD C[Yy of Richfield Does Ordain: I. Chapter IV, of the Ordinance Code of the City of Richfield dealing with the regulation of Public places is hereby amended by adding thereto Section 4.17 which shall read as follows: 4.17 SALE AND CONSUMPTION OF BEER IN PARKS Subdivision 1. Definitions.- The fallowing terms shall have the meanings described herein: (1) "Sale" means all means of furnishing and includes but is not limited to the furnishing for money or other consideration. (2) "Beer" means any beverage which is produced wholly or in part from the brewing of any grains or malt or malt substitute and containing male than one-half of one percent alcohol by volume. (3) "Organization" means any entity having religious, veteran, charitable or business activities as its principal purpose and which qualifies in all respects for the issuance of a license to sell the type of beer to be furnished at the activity or event for which the permit is being sought. Subd. ?~ Sate and Consumption prohibited. Except as permitted by this sectitih, t e sale or consumption of alcoholic beverages is prohibited in the publics ~cks of the city. Subd.,3. Permit. Any organization desiring to sell beer in Taft or Augsburg Park may appply for a permit to do so. Such application shall be made upon forms furnished by the city clerk for that purpose. Subd. 4. Application. The application shall contain the following informa- tion together with any additional information requested by the city: (1) Full name and address of the organization. (2) A brief statement of the organization's purposes and activities. (3) The length of time the organization has been in existence. (4) The number of active members. (5) A brief description of the event or activity for which the permit is being requested. (8) The park proposed to be used for the activity including any facilities in the park which will be used. (7) The dates and times for which the permit is requested. (8) The anticipated number of participants. (9) The person or persons from the organization who will be in responsible charge of the event or activity and of the sale of beer.' The application shall be made to the city manager who may refer the application to such departments as he deems advisable for review. The city manager shalt then make his recommendation to the city council which may grant or deny'the permit. Subd. 5. Perriiit Fee. The fee shall be as provided in Appendix D of this Code and shall be paid in full at the time of application. Subd. 6. Bond. The council may require, as a condition of issuance of the permit, an ihdemnity bond holding the city harmless froAl liability of any kind or character and reimbursing the city for any property damage or clean- up costs. The council may also require, in addition to or in lieu of such bond, that the organization furnish proof of insurance adequately covering all such actions, claims or costs, and may require that the city be made an additional insured. Subd. 7. Conditions of Issuance. Organization Permits may be issued only to organizations which qualify in all respects with the fallowing criteria: (1) Is located in the City of Richfield. (2) Has been in continuous existence for a period of at least 3 years. , (3) Has at least 20 active members. (4) Has established to the satisfactio4 of the city that the proposed event or activity will be conducted and will be controlled in such a way as not to constitute a hazard to or a sourc~e of nuisance or annoyance to other persons in the park or on adjacedt property. (5) Has designated persons in responsible charge who are free of convic- tions for offenses relating to the fitness of such persons to perform their duties. (6) Has a currently valid license issued by the city authorizing the sale of the type of beer to be sold at the activity or event for which the permit is being sought. Currently valid licenses previously granted to the organization allowing such sale at a different location within the city will satisfy this requirement provided that the insurance and bond required under such license cover the sale of beer ins public park. (7) Executes a written agreement in form acceptable to the city releasing the city from any claim by the organization and holding the city harmless from any claims by others arising out of or occasioned by cancellation of their permit pursuant to subdivisions 9 and 10 of this section. Subd. 8. Conditions on Permitted Activity. The following conditions apply to the activity: ' (1) Sale or consumption of beer is allowed only in connection with National or State holidays or during civic celebrations so designated by the Council. Sale and consumption is further limited to the dates and times specified by the Council in the permit. (2) The sale and consumption of beer is not allowed in streets or parking areas adjacent to the park. The council may further limit the areas within the park where beer may be sold or consumed. (3) The sa}a of beer to and consumption of beer by individuals who are forbidden by any statute or ordinance from purchasing or consuming such beverage is not allowed under the permit. The council may further limit the sale or consumption to be allowed under the permit. (4) Alcoholic beverages other than the beer sold by the organization holditi$ the permit may not be consumed in the park. (5) The event or activity mustbe conducted and controlled in such a manner as not to constitute a hazard to or a source of nuisance or annoyance to other persons in the park or on adjacent property. (6) All rubbish, trash and debris shall be removed from the park and disposed of by the organization promptly at the conclusion of the event or activity. The organization shall be responsible for all clean-up expennses. .(7) beer' ale to each customer at any one time may not exceed 16 ounces of (8) A police officer or officers, as determined by the council, would be in attendance at the permit site at the expense of the applicant at all times and while beer is being sold. Subd. 9. Cancellation of Permit. If, at any time following the issuance of the permit, fife city manager or the director of public safety conclude that the sale of beer for which the permit was granted will likely be detrimental to the public health, safety or welfare, or will likely result in violation of statutes or ordinances relating to sale of alcoholic beverages, or is likely not to be adequately controlled by the organization, then either may recommend to the council that the permit be cancelled. The council shall consider the recommendation at its next regularly scheduled council meeting occurring at least 5 days from the date of such recommendation. The council may cancel the permit, or allow it to continue in effect or may modify such permit as it deems necessary. It the event has already commenced, or if sufficient time does not exist to bring the matter before the council, the city manager, upon the recommenda- tion of the public safety director, maY act to cancel the permit. If the permit is cancelled, while 'the activity is m progress, the police division shall immediately cease the sale of beer and shall immediately remove all unsold beer from the park. At the request of the police division the organization will assist in the restoration of order in the park and shall, if requested, cancel the event or activity. Subd. 10. Conan ~~~' ion and Possession After Cancellation. Any person lawfully purchasiY er from the organization prior to cancellation of the permit may lawfu ssess and consume such beer in the park for a period of 30 minutes folio such cancellation. Thereafter possession or consump- tion o[ beer in the 's illegal: The police division take reasonable steps to notify those preae she park of such time limit but failure to give such notice to a partic' r individual shall not constitute a defense by such individual to any ch arising out of such illegal possession or consumption. Before arirjR~ lndlvi ay be charged under this subdivision, he shall be informed •that his. ession or consumption is illegal and be given an opportunitry to sur, er the beer in his possession. No charge shall be brought against su dividual if he promptly and voluntarily surrenders his beer at that time. II. Appendix D on the Ordinance Cade of the City of Richfield containing the various permit and license fees is hereby amended by adding the following new paragraph to Section 8 thereof: TYPE OF PERMIT SECTION FEE OR LICENSE REQUIRING (5) Beer in Park ~ 4.17 ~ $10.00 III. Chapter X, Park III, Section 40.16 of the Ordinance Code of the City of Richfield defining certain misdemeanor offenses is hereby amended by amending Subdivision 5 thereof to read as follows: Subdivision 5. Public Possession and Consumption of Alcoholic Beverages. Except as permitted in Section 4.17 of this Code, [A]ny person who consumes intoxicating liquor as defined by Minnesota Statutes Section 340.001, Subdivision 2, while (1) on a public street, park or other public place, or (2) on any private property, or (3) while in a vehicle upon any public street and any person who possesses such intoxicating or non-intoxicating liquor in any park including all public parking areas located within or immediately adjacent to any park. ' Passed by the City Council of the City of Richfield, Minnesota this 9th day of June, 1980. DONALD PRIEBE Mayor ATTEST: SYLVIA BERGH City Clerk (June 18, 1980)-RICH