--- ## author: Davis, Allison date: D:20260507151230-05'00' --- ## City Council Workshop Meeting ## Ash Conference Rooms May 13, 2026 | 5:30 PM This City Council Workshop meeting is taking place virtually and at Woodbury City Hall in the Ash Conference Rooms. Members of the public may attend the meeting in person and may also join the meeting using a computer, tablet, or smartphone and accessing the virtual meeting link at woodburymn.gov/VirtualMeetings. Public comments will be accepted during the meeting both in person and virtually. Virtual questions should be submitted via the online Q&A feature within the virtual meeting link. Questions regarding the meeting will be taken between the hours of 8:00 a.m. to 4:30 p.m. at 651-714-3524 or at council@woodburymn.gov. Questions received after 4:30 p.m. will be responded to in the next three to seven business days. Please note that all agenda times are estimates. Unfinished workshop items will be carried over to the end of the Council meeting. 5:00 p.m.Dinner – Cherry Conference Room The intent of the workshop session is to provide a forum for City Council and City staff to discuss more in-depth Council items, exchanging viewpoints and visions prior to the item being set for Council action at a regular meeting of the City Council. Workshop sessions are neither a public hearing nor an open microphone session. No formal votes will be taken and any direction from Council will be in consensus format. The workshop session is not recorded. ## Workshop Agenda ## 1.Workshop Discussion Items ## 1A.Update of Public Safety Department’s Participation in Minnesota LEAP ## Accreditation 26-87 1B.Update of Development Phasing Plan (Phase 2D and Phase 3) 26-88 1C.Discussion of Alcohol & Tobacco Compliance 26-89 2.Administrator Comments and Updates* ## 3.Mayor and City Council Comments and Commission Liaison Updates* ## Watch the Live Meeting ## Woodbury City Council Workshop Agenda May 13, 2026 | 5:30 PM 4.Adjournment Items under comments and updates are intended to be informational or of brief inquiry. More substantial discussion of matters under comments and updates should be scheduled for a future agenda. The City of Woodbury is subject to Title II of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability by public entities. The City is committed to full implementation of the Act to our services, programs, and activities. Information regarding the provisions of the Americans with Disabilities Act is available from the Administration office at 651-714-3500. Auxiliary aids for disabled persons are available upon request at least 72 hours in advance of an event. Please call the ADA Coordinator at 651-714-3500 (TDD 731-5796) to make arrangements. ## 1A ## City of Woodbury, Minnesota ## Office of City Administrator ## Council Workshop Letter 26-87 May 13, 2026 ## To:The Honorable Mayor and Members of the City Council ## From:Jeffrey J. Dahl, City Administrator ## Subject:Update of Public Safety Department’s Participation in Minnesota LEAP ## Accreditation ## Summary Woodbury Public Safety has enrolled in the Minnesota Law Enforcement Accreditation Program (MN LEAP) and has begun the accreditation process. This presentation will provide an overview of the program and outline the benefits to the department and community. ## Recommendation Receive an informational presentation regarding the department’s participation in MN LEAP accreditation. No action is requested. ## Governance Mode 1 Strategic - Setting priorities, reviewing and modifying strategic plans, and monitoring performance against plans. Focus is the “ends” rather than the "means”. ## Fiscal Implications There are costs associated with MN LEAP participation, including program and assessment fees, as well as staff time dedicated to accreditation activities. These costs are expected to be modest and are being managed within existing operational resources. ## Policy Participation in MN LEAP aligns with the City’s commitment to professional service delivery, accountability, and continuous improvement. The accreditation process supports adherence to established best practices in law enforcement operations and administration. ## Public Process This is the first public process for this item. 1 Items marked “fiduciary” are primarily business-oriented topics; “strategic” items are primarily related to long- term strategies or goals; and “generative” items are primarily meant to produce new thoughts or ideas. ## Council Workshop Letter 26-87 May 13, 2026 Page 2 ## Background The Minnesota Law Enforcement Accreditation Program (MN LEAP) is a voluntary program administered through the Minnesota Chiefs of Police Association that establishes best-practice standards for law enforcement agencies across key operational, administrative, and training functions. Woodbury Public Safety has formally enrolled in MN LEAP and is actively working through the accreditation process. This includes a comprehensive review of department policies, procedures, and practices to ensure alignment with professional standards, followed by an independent assessment. Participation in MN LEAP supports the department’s ongoing commitment to professional excellence and continuous improvement. Benefits include strengthening accountability and transparency, enhancing risk management, promoting operational consistency, and reinforcing community confidence. Some of the required framework is already in place within the department. MN LEAP provides a structured process to formalize, validate, and build upon these existing efforts. ## Written By: Omar Maklad, Deputy Police Chief/Assistant Public Safety Director ## Approved Through: Jason Posel, Public Safety Director/Police Chief ## Attachment:None ## 1B ## City of Woodbury, Minnesota ## Office of City Administrator ## Council Workshop Letter 26-88 May 13, 2026 ## To:The Honorable Mayor and Members of the City Council ## From:Jeffrey J. Dahl, City Administrator Subject:Update of Development Phasing Plan (Phase 2D and Phase 3) ## Summary Staff has received verbal and written communication that a landowner with significant land holdings in Sub-Phase 2D and Phase 3 does not wish to proceed with development within the next 10-15 years. Prior to discussing specific phasing plan modifications, staff intends to update Council on this evolving situation and to provide an opportunity to review next steps regarding future modifications to the phasing plans. ## Recommendation This item is for informational and feedback purposes only in advance of future Council review of specific phasing plan adjustments. ## Governance Mode 1 Strategic - Setting priorities, reviewing and modifying strategic plans, and monitoring performance against plans. Focus is the “ends” rather than the "means”. ## Fiscal Implications If modifications to add additional acreage to the phasing plan do not occur, similar impacts to those identified during the delay of the opening of Sub-Phase 2D in 2023 would likely occur. 1. Reduction of revenues from development fees and building permits that cover operational costs related to connected city services, which could leave a future funding gap to be covered by property taxes. 2. Delay in property valuation growth in these areas, which has overall tax rate implications. ## Policy ## 2040 Comprehensive Plan ## CD- COMDEV- 3.1- Phase 2 Growth Management Strategy 1 Items marked “fiduciary” are primarily business-oriented topics; “strategic” items are primarily related to long- term strategies or goals; and “generative” items are primarily meant to produce new thoughts or ideas. ## Council Workshop Letter 26-88 May 13, 2026 Page 2 ## Public Process This is the first public process for this specific discussion topic but previous phasing-related discussions and actions are referred to in the background section of the memo. ## Background In July of 2023, the City Council approved changes to the Phase 2 Growth Management Strategy (CD- COMDEV- 3.1) that delayed the start of development in some areas of the city until the permanent water treatment plant was closer to completion. The areas highlighted below in purple are identified as Sub-Phase 2D. Pursuant to direction received at the March 25, 2026 Council Workshop, staff was preparing to bring forward a recommendation to open Sub-Phase 2D (purple) in May 2026. Concurrently with the preparation, staff met with the Fredin Family which owns the properties outlined in red below. The Fredin Family owns 150 acres in Sub-Phase 2D (purple) and 45 acres in Phase 3 (green) for a total of 196 acres. Due to their unexpected request to delay development for 10–15 years, to allow ## Council Workshop Letter 26-88 May 13, 2026 Page 3 for continued farming and exploration of agritourism onsite, staff is asking to begin the process to identify an alternate 150 acres to ensure a continued steady level of housing production to meet the needs of the community. Following Council review, staff would identify existing Phase 3 properties and propose they be moved into the current development phase. Staff anticipate utilizing the following rationale when recommending properties to Council for phasing modifications: Willing property sellers Ability to be served by existing municipal infrastructure Identification of public benefits (dedication of parks, open space or facilitation of other public infrastructure) Proximity to current development phase or existing urban development During the workshop presentation staff will identify an early list of potential properties that will be further vetted for possible phasing modification. It is important to note the potential development of properties within Phase 3 is not in conflict with the adopted 2040 Comprehensive Plan as Phase 3 was identified to be open for development between 2026-2040. ## Written By:Eric Searles, City Planner/Assistant Community Development Director ## Approved Through:Janelle Schmitz, Community Development Director ## Attachment:Fredin Family Letter ## 1C ## City of Woodbury, Minnesota ## Office of City Administrator ## Council Workshop Letter 26-89 May 13, 2026 ## To:The Honorable Mayor and Members of the City Council ## From:Jeffrey J. Dahl, City Administrator ## Subject:Discussion of Alcohol & Tobacco Compliance ## Summary At the Council Workshop on February 11, 2026 Council requested staff schedule a Workshop discussion on alcohol and tobacco compliance. Staff are aware there may be interest from Council in making changes to the City’s current approach to compliance and enforcement. Staff have reviewed current enforcement mechanisms and have identified options for Council’s consideration. More details on the options and justification for staff’s recommendation is included in the background section. ## Recommendation Council should provide direction to staff on which of the following options is preferred: 1. Maintain current practices/take no action – Not Recommended 2. Use non-sworn officers to conduct compliance checks – Not Recommended 3. Amend & memorialize enforcement practices into a Council Directive – Staff’s ## Recommendation ## Governance Mode 1 Fiduciary - Stewardship of tangible assets, oversees operations and ensures efficient and appropriate use of resources, legal compliance and fiscal accountability. ## Fiscal Implications Depending on Council direction with regard to compliance checks, there may be fiscal implications in terms of additional staff time. ## Policy ## Chapter 4- Alcoholic Beverages ## MN Statute Ch. 340A. Liquor 1 Items marked “fiduciary” are primarily business-oriented topics; “strategic” items are primarily related to long- term strategies or goals; and “generative” items are primarily meant to produce new thoughts or ideas. ## Council Workshop Letter 26-89 May 13, 2026 Page 2 ## Public Process This is the first public process for this item. ## Background ## Current Practices Woodbury Public Safety conducts compliance checks at businesses that sell tobacco products and/or alcoholic beverages per City Code Sec. 4-21 & 4-22. At least one check is conducted per year per licensed business. When a check is conducted, Public Safety coordinates a trained person under the age of 21 who attempts to purchase alcohol or tobacco products while a law enforcement officer observes or waits outside the business. The underage person is advised to look their age, be honest about their age if asked, and use a valid ID. If the underage person is allowed to purchase alcohol or tobacco products, the law enforcement officer enters the business and issues a citation (gross misdemeanor) to the clerk or server and license holder/owner. The owner/manager is also issued a fine per the City’s fee schedule. ## Alcohol Violations •First in 12 months$ 500.00 •Second in 12 months$2,000.00 •Third in 12 months$2,500.00 •Fourth in 12 months$3,000.00 •Second in 24 months$1,000.00 •Third in 24 months$3,500.00 •Fourth in 24 months$4,000.00 •Fifth in 24 months$4,500.00 ## Tobacco Violations First in 12 months$ 75.00 Second in 24 months$200.00 Third in 24 months$250.00 Violation by employee*$ 50.00 *While the fee exists in the City’s fee schedule, for tobacco businesses that fail a compliance check, typically a citation and fine is issued only to the license holder/owner, not the clerk. In addition to the compliance checks, for businesses selling alcoholic beverages, the City’s process has been to provide new licensees with the “Protect Your Business” manual. The manual, which was historically approved by Council in 2001, explains criminal penalties for liquor violations, the City’s compliance check process, tips on training employees, and sample forms for employees to affirm they have been properly trained. Staff identified inconsistencies within the manual and given the manual is not formal policy, staff have no longer provided the manual to businesses as it does not align with City Code or current practices. The manual is included for reference as an attachment. Data on compliance checks and approaches from other agencies were included in Council Memo 2025-22. In summary, from 2021-2024, a total of 381 compliance checks were completed at ## Council Workshop Letter 26-89 May 13, 2026 Page 3 businesses selling alcohol and/or tobacco. Of the checks completed, 328 businesses successfully passed, (86% pass rate). Legal considerations Staff understands the Council had some interest in exploring non-criminal (i.e. administrative) enforcement mechanisms for alcohol compliance, whereby a City staff person other than a sworn officer might conduct compliance checks and issue a fine. Given that alcohol sale violations (specifically selling/serving to minors) is a criminal violation of State statute, not City Code, there are some legal concerns from the City Attorney as to whether the City has proper authority use an administrative penalty process. Per the City Attorney, a study by the State Auditor’s Office in 2008 determined it was improper for cities to attempt to turn moving traffic violation tickets into a city- based administrative citation because traffic tickets are set by state statute as criminal violations and therefore must remain as criminal violations. Similar rationales would seemingly apply to unlawful alcohol sales. If the City is indeed obligated to enforce criminal penalties, then the compliance checks must be done by Public Safety personnel, because non-sworn officers are unauthorized to issue criminal citations. Rules regarding unlawful tobacco sales to minors are somewhat different. A tobacco first offense is defined as a petty misdemeanor, and state statute 609.685 also expressly allow for the possibility of “alternative civil penalties” in the event of an unlawful tobacco sale by someone under 21 to another person who is also under 21. So leeway may exist for the Council to create alternative enforcement mechanisms relating to tobacco compliance. ## Cannabis and Lower-Potency Hemp Compliance While not expressly identified as part of the Council discussion, the City is required to manage compliance for businesses that are licensed through the State for selling cannabis and lower- potency hemp products. Public Safety conducts compliance checks on these businesses as well. Fees for violations have been adopted in the fee schedule as follows: ## Cannabis/Lower-Potency Hemp Violations First in 12 months$1,000.00 Second in 12 months$2,000.00 Third in 12 months$3,500.00 Fourth in 12 months$4,000.00 Fifth in 12 months$4,500.00 ## Council Workshop Letter 26-89 May 13, 2026 Page 4 ## Options for Council Consideration 1. Maintain current practices/take no action – Not Recommended – The City currently meets all state requirements for compliance checks and enforcement. As outlined above, compliance checks on alcohol and tobacco businesses have historically returned an 86% pass rate. If this option is selected by Council, enforcement would continue as described in this Council Letter. 2. Use non-sworn officers to conduct compliance checks – Not Recommended – The City’s model of using sworn officers for compliance checks allows the City to issue criminal citations which is an important deterrent. As described previously, there are some legal concerns that the City may not have discretion to use administrative penalties to enforce State statute. For these reasons, this option is not recommended. 3. Amend & memorialize enforcement practices into a Council Directive – Recommended -- If Council desires to amend the penalty structure or overall model of compliance checks, staff recommends that any such direction be documented in the form of a Council Directive, which would be formally reviewed and approved by Council. The Directive would become the City’s official policy and could be provided to businesses in place of the outdated Protect Your Business manual. Initial conversations with staff included a proposal of the following enforcement mechanisms: a. Continue with minimum standard of 1 compliance check per year b. Each failure will result in a follow-up compliance check within 30 days, along with citation and fee as stipulated in the fee schedule There is currently no standard for revoking the license, either temporarily or permanently. Staff are proposing the following thresholds for revocation: a. Following a third failure in a 12-month period, license will be temporarily revoked for 7 calendar days. b. Following a fourth failure in a 12-month period, license will be revoked for remainder of license cycle. In all of these scenarios, the Council has discretion to not approve the annual renewal as well. Council’s input on these enforcement mechanisms will be requested at the Workshop. ## Written By:Ashleigh Sullivan, Assistant City Administrator/City Clerk ## Approved Through:Jeff Dahl, City Administrator ## Attachment:Protect Your Business Manual ## A MANUAL FOR ## WOODBURY ## BUSINESSES THAT ## SELL BEVERAGE ## ALCOHOL ## Alcohol Awareness Checklist ## For the New Employee By placing my initials after the following statements, I am recognizing the fact that my employer has discussed the information and provided resources for me to review the information, as needed. 1. I have been instructed on the proper forms of identification to accept/to verify one’s age when service an alcoholic beverage. ## ● Driver’s License ● Passport ## ● Current Military ID 2. I have been provided the hours that alcoholic beverages can be sold in the City of Woodbury. ● Monday through SaturdayClosing 1:00 a.m. / Clear 1:15 a.m. ● SundayClosing 12:00 a.m. / Clear 12:15 a.m. ● Optional 2 a.m. (special License)Closing 2:00 a.m. / Clear 2:15 a.m. 3. I understand and have provided valid documentation that I am eighteen years old and therefore eligible to sell/serve alcohol in the City of Woodbury. 4. I understand that within six (6) months of being hired or becoming eligible to serve alcohol beverages, I must complete an alcohol awareness training program. In-house training is okay, but you will need to provide a copy to the City and get approval of materials. 5. I understand that it is against the law to sell alcoholic beverages to an obviously intoxicated person and have been given information on the signs of an obviously intoxicated person and my employer’s procedure in handling this situation. 6. I have been informed that the City of Woodbury will conduct three compliance checks each year to each establishment. ## PROOF OF AGE: (OLN/ ID Number) (Including issuing state if not MN) ## Employer: ## Employee:(Print Name) Employee: (Signature) Hire Date: Training #1 Date: Training #2 Date: ## Check It Out ## Incentive Program In October 1999, the City of Woodbury introduced a new incentive program for all employees of licensed establishments responsible for alcohol sales. The City of Woodbury is committed to providing a financial incentive to any employee that initiates an apprehension of someone violating the liquor sales ordinances. The apprehension must result in the violator being identified and enforcement action being taken by the Woodbury Police Department. Examples of ordinance and/or statute violations included in the CHECK IT OUT incentive program are: ●Youth under 21 years of age attempting to obtain alcohol by presenting a fraudulent identification card ●Youth under 21 years of age misrepresenting their age in order to obtain alcohol ●Youth under 21 years of age soliciting adults to obtain alcohol for them ●Adults obtaining alcohol for youth under 21 years of age ## Procedures for Participating Businesses and Employees: 1.Identify a potential violation and attempt to detain the suspect. DO NOT USE ## FORCE OR ENDANGER YOURSELF OR YOUR CO-WORKERS. 2.Call 911 and inform them that a person is being detained for an alcohol sales violation at your business. Update 911 with any changes in demeanor or attitude prior to the officer’s arrival. 3.If the suspect leaves prior to the officer’s arrival, obtain a license plate number and description of any vehicle they may leave in. Write down a detailed description of the suspect and any other people known to be with the suspect. If video is available give it to the officer. If the Woodbury Police Department can identify the suspect with an additional investigation, then the financial incentive will still be provided. 4.Explain the situation to the police officer and provide any evidence and document any statements made prior to their arrival. 5.Call the designated representative of the Woodbury Police Department coordinating the incentive program to notify them of the apprehension. Leave the employee’s name, the business, and any other pertinent details about the incident. 6.When the violation is verified and enforcement action initiated, the Woodbury Police Department will notify the media in order to recognize the business and the employee for the initiative taken to ensure responsible alcohol sales are occurring at their business. A CHECK IT OUT certificate of recognition and the financial incentive reward will also be presented to the employee. ## Penalties for Underage Sale In addition to criminal actions against the seller or server, criminal and civil actions can be brought against the owner or operator of a licensed establishment who allows the sale of alcoholic beverages to a minor. These sanctions may include a criminal complaint and/or the imposition of a civil fine. In addition, sanctions may also include the suspension and/or revocation of your current liquor license. If an underage person is allowed to purchase an alcoholic beverage, the person serving or selling to the individual can be issued a gross misdemeanor criminal citation. This is punishable by imprisonment for no more than one (1) year, a fine no more than $3,000, or both. Additionally, administrative fines can be imposed against the license in lieu of a suspension of the retail beverage alcohol license for a violation of the age of purchase statute. The accompanying letter from the Woodbury Department of Public Safety outlines the administrative fine and penalty schedule recommended for retailers found selling beverage alcohol to a minor. ● Woodbury is aggressive on the charges against the server ● We conduct three checks a year. No tricks involved with these checks. The person will either have no ID or their own underage ID. Officer will witness and report to manager of failure As mentioned earlier in this manual, random youth access compliance checks conducted during 1998 by the Woodbury Department of Public Safety revealed an overall non-compliance rate of 60%. In response to these results, in October 1998 the city Council adopted the Alcohol Violations Policy, and the Department of Public Safety developed the following programs to address the issue of underage access to alcohol: ● Strive to complete three compliance checks per business each year ● Initiate a program to enforce the legal consequences of laws geared towards underage persons attempting to purchase, as well as adults who unlawfully provide alcohol to minors ● Recommend mandatory beverage alcohol server training for beverage alcohol retail dealers ● Increase industry awareness and education to include the distribution of this information manual to Woodbury beverage alcohol retail dealers ## Alcohol Violations ## PURPOSE To provide for consistent enforcement of liquor laws and provide for fair and equitable treatment of individuals and establishments that violate those laws. ## POLICY ## Each year the Public Safety Department will attempt to conduct three (3) Alcohol Compliance Checks. To deal with violations in a consistent manner, the following policy has been adopted by the Woodbury City Council: ● First Violation: The first violation will result in criminal charges against the employee who sold alcohol to a minor. A $500 fine will be assessed to the owner. The $500 fine can be issued without Council approval. ## ● Second Violation: The second violation within a twelve-month period will result in criminal charges against the employee who sold alcohol to a minor and a $2,000 fine against the owner. The $2,000 fine can be issued without prior Council approval. ● Third Violation: The third violation within a twelve-month period will result in criminal charges against the employee who sold alcohol to a minor, a $2,000 fine against the owner, and a one-day suspension of the liquor license of the establishment. ● Fourth Violation: If there are three violations within a twelve-month period, the Public Safety Department will conduct a fourth compliance check within three months of the third violation. If the fourth compliance check results in a violation, the liquor license of the establishment will be suspended for sixty (60) days and a $2,000 fine. ● Fifth Violation: A fifth violation within twelve months will result in revocation of the liquor license. The above policy relates to violations within a twelve-month period. While a policy can be set indefinitely over time, a policy for violations over a twenty- four-month period should be established. If an establishment goes two years without a violation, it will be treated as if there were no violations. However, if there was more than one violation within a twenty-four-month period, the following policy will apply: ## ● Second Violation Within a 24 Month Period – Criminal charges against the employee and a $1,000 fine. ## ● Third Violation Within a 24 Month Period – Criminal charges against the employee and a $2,000 fine. ## ● Fourth Violation Within a 24 Month Period – Criminal charges against the employee, a $2,000 fine and a seven-day suspension of the license. ## ● Fifth Violation Within a 24 Month Period – Criminal charges against the employee, a $2,000 fine and a sixty (60) day suspension of the license. ## ● Sixth Violation Within a 24 Month Period – Revocation of the liquor license. After 24 months the slate is wiped clear of violations. ## Alcohol Violations, Continued If there is a change of ownership of the licensed establishment, previous violations will not apply. The date the new license becomes effective, all prior violations will be attributed to the previous license holder and the new license holder will start with a record clear of any violations. This does not apply to a change of managers or other employees of the establishment. Violations covered by this policy include sales to a minor, after-hour sales, and sales to obviously intoxicated people. This policy, as it pertains to sale of alcoholic beverages to minors, will only be enforced if the minor was not required to provide identification, the identification was obviously blatantly false, or there was some other reason to believe the employee had knowledge that the person sold to was not of legal age. Administrative Fine: It is the policy of the Woodbury City Council that the administrative fine of $2,000 will be issued at the recommendation of the ## Public Safety Department according to ## the Alcohol Violation Policy. Upon receiving notice of the fine, the liquor license holder may request a hearing before a panel appointed by Woodbury City Council. The hearing panel will make a recommendation to the Council and the Council will make the final determination. Suspension/Revocation: It is the policy of the Woodbury City Council that the Suspension or Revocation of a liquor license will automatically be issued by the Public Safety Director according to the Alcohol Violation Policy unless the license holder requests a hearing. If a hearing is requested, it must be submitted in writing to the Public Safety Director. The City Council will then appoint a hearing panel that will review the facts of the case and made a recommendation to the City Council. The City Council will then make a final determination. ## City AdministratorDate ## Effective Date: August 23, 2001 ## The Importance of a Policy Every establishment can benefit from having written policies. Written policies can reduce your risk of problems and your employees will be better able to manage situations that threaten your business (for example, “Excuse me, our policy requires us to see identification”). When employees know their responsibilities, they are less likely to sell alcoholic beverages to an underage person. When you have no written policies, each employee may have his or her own idea about what the rules are, what they mean, and when they should be applied. This manual will assist you in developing your establishment’s policies. You may want to use our models as they are or adapt them to fit your needs. Written policies are an important part of being a responsible licensee. In the long term, the responsible establishment will build a strong and loyal customer base. Here are some suggestions on writing and administering your policies: ● It is always a good idea to obtain ideas from your managers and employees when writing new policies. The employees will be more supportive of new policies they help create. ● Make sure policies are clear and specific. ● Provide all employees with a copy of the policies. To ensure that employees understand their responsibilities, have them sign an Employee ## Responsibility Statement. Keep this in each employee’s personnel file. ● Reinforce policies by providing regular training to employees. ● Between trainings, hold regular staff meetings where you discuss the rules, recent problem situations and ways to prevent those situations from happening again. ● Advise employees that you will spot check their compliance with the policies and provide them a regular performance review. ● Reward employees who show exceptional performance as responsible alcohol beverage sellers. Remember, written policies, good communication, and a supportive environment will go a long way toward protecting your business ## Employee Policy on the Sale and Service ## of Alcoholic Beverages Our business is committed to the safe sale and service of alcoholic beverages. We have developed the following policy to ensure that we never serve or sell alcohol to underage (under 21) or intoxicated customers. Referring to this policy can help you appropriately check identification and refuse service or sale when necessary. Management will support you in checking identification and refusing service or sale. This policy is an important part of protecting yourself and our business. Both the employee and management can be held responsible and punished for illegal sales. ● During their first week of employment, all employees will be provided with a copy of the establishment policies and asked to sign an employee agreement. ● Employees are required to attend a server training provided by this establishment at least once per year. Failure to attend these trainings will result in disciplinary action against the employee. ● It is everyone’s responsibility to make sure that customers who buy alcoholic beverages are at least 21 years of age. We verify that all customers are of legal drinking age (21 years old). Therefore, we thoroughly check the age identification of all people who appear younger than 30 years old. ● In Minnesota, acceptable forms of identification include a valid driver’s license or identification card from any state or province of Canada, or a valid military identification card issued by ## the U.S. Department of Defense. In the case of foreign nationals, passports with photo from a nation other than Canada are valid. Expired driver’s licenses, reservation identifications and United States passports are not valid forms of identification. ● Adequately checking identification means: 1. Comparing the picture on the identification with the customer. 2. Checking the birth date. 3. Examining the card for signs of falsification or tampering. ## 4. Checking the U.S. Driver’s License Booklet when unsure of the validity of a license. ● Managers will post signs and make materials available (example: U.S. ## Driver’s License Booklet) to employees to help them follow the laws. ● We will post required signs in the store to inform customers about alcohol laws. ● We will discourage intoxication, and not serve any person who looks, or acts intoxicated, even if he/she is taking a taxicab or has a “designated driver”. This includes employees and regular customers. ● Reasonable efforts will be made to prevent a patron who is obviously intoxicated from driving upon leaving our establishment. This may include calling a taxi or finding other transportation. If any employee feels any patron is unable to drive responsibly, he or she will notify management who may call the police, if necessary. ## Employee Policy, Continued ● When a customer has been refused service or been denied a purchase because he/she is under 21 or appears intoxicated, all employees will help prevent this customer from possessing or consuming any alcoholic beverages. ● Violation of these policies by employees: 1 st ## Violation – Warning and Probation 2 nd ## Violation – Suspension 3 rd ## Violation – Termination ● Management will support every employee’s decision to refuse a sale or terminate service to any customer. ● We will actively discourage loitering inside the store or on adjacent property immediately outside the store. This means we will tell loiterers to leave, and we will keep signs posted. ● We will refuse to sell alcoholic beverages to any person of legal drinking age if we suspect they are going to furnish them to an underage person. ## Employee Agreement I understand that Minnesota State law prohibits the sale of alcoholic beverages to minors under twenty-one (21) years of age and to obviously intoxicated individuals. Selling alcoholic beverages to a person under the age of 21 or to an intoxicated person may result in the suspension or loss of the establishment’s license to sell alcoholic beverages. By signing this form, I agree to the following statements: I understand that our store/restaurant/bar is dedicated to the safe and responsible sale of alcoholic beverages. I have read the materials distributed by my manager related to the sale of alcoholic beverages to minors and intoxicated persons and understand their requirements. I understand that it is against the law to sell alcoholic beverages to any person under the age of 21. I understand that if a younger person gives me a form of identification, I must carefully check to determine if he or she is 21 years of age or older. I must refuse to sell alcoholic beverages to anyone under the age of 21. I will discourage intoxication, and not serve any person who looks, or acts intoxicated, even if they are taking a taxicab or have a designated driver. This includes employees and regular customers. Employee Signature Date Store Manager Signature Date ## Eight Easy Steps to Safe Sale & Service 1. Be polite, but firm. Explain that you will get into serious trouble if you don’t check everyone’s I.D. 2.Know how to read birth dates to determine if a person is 21 or older. 3.Make sure the picture on the ID matches the person. 4.Don’t fall for any excuses such as “I left my license at home”. 5.Co-workers can help each other. We all get forgetful, so remind each other about checking ID’s. 6.If persons over the age of 21 in your place of business attempt to share their alcoholic drinks with minors, you can ask them to stop or leave your premises. This includes the parking lot. 7.If a customer gives you a hard time, offer to let them speak to the owner or manager. 8.If you are confused about your store’s policy or come across a difficult situation, ask your supervisor to explain what he or she expects of you. ## IF IN DOUBT, REFUSE TO SELL ## Employee Training Tips 1. Issue a written policy that explains to all managers and employees that your establishment will not sell alcohol to anyone who is under 21 years of age. Explain that your establishment has an obligation to obey the federal, state, and local age-of-sale laws. 2.Provide each employee with a summary of the laws regarding alcohol sales. Review the law and your establishment’s policy with all your employees. 3.Require employees to sign an employee agreement (included) stating that they understand the law regarding alcohol sales to minors and the store’s policy. 4.Inform your employees that any alcohol sale to minors will result in disciplinary action and penalties. 5.Tell the employees that they must request photo identification from anyone buying alcoholic beverages who is not obviously over 30 years of age. Make it clear your policy is to refuse to sell without proof of age. 6.Teach employees how to read birth dates to determine if a person is 21 or over. Post a sticker on the cash register stating, “selling alcohol only to those born on or before today’s date, 19XX”. 7.Practice with your employees’ ways to check IDs of customers and how to refuse sales to those under the age of 21. 8.As the law requires, post signs visible to the public stating that it is illegal to sell alcohol to people under the age of 21. 9.Instruct employees on the health and safety risks associated with alcohol use. Underage persons who use alcohol are more likely to have a car crash, get into a fight, have unsafe sex, or experience problems in school than those who don’t use alcohol. 10.Periodically remind employees of the law and your policy. ## Employee Training Resources Alcohol server training is mandatory under city ordinances. It is the policy of the Department of Public Safety to encourage that all new license applicants and new on-site managers undergo such training as a condition of license approval. Alcohol server training benefits licensees considerably by reducing the chances that incidents might result and liability lawsuits might occur. Also, many liquor liability insurance companies offer substantial premium discounts to insured who have had such training. The City of Woodbury hosts alcohol server training two times each year. The employees of each licensed establishment will need to attend one of these two sessions on an annual basis. The ordinances of the City of Woodbury pertaining to alcohol sales will be explained during these sessions and any questions will be addressed following the presentations. The City of Woodbury will document and maintain files on everyone that has attended the training. The City of Woodbury will also require that before a new liquor license application is issued that the potential license holder meet with a representative of the Department of Public Safety. The meeting will include a discussion on the ordinances of the City of Woodbury pertaining to alcohol and sales. The expectations of the establishment and the various programs that the city sponsors to build partnerships with the license holders will also be covered. The City of Woodbury will continue to encourage new licensed establishments to set up individual establishment training sessions regarding alcohol sales prior to opening day for their employees. ## City of Woodbury Liquor Ordinance Chapter 4: Art. IIn General, 4-1 – 4-24 ## Art. IIIntoxicating Liquor 4-25 – 4-34 ## Art. III3.2 Percent Malt Liquor 4-35 – 4-36 ## ARTICLE 1. IN GENERAL ## SECTION 4-1. DEFINITIONS The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Alcoholic beverage means any beverage containing more than one- half of one (1) percent alcohol by volume. Beer keg means any brewery-sealed, single container that contains not less than seven gallons of malt liquor. Club means an incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans’ organization which: (1) has more than thirty (30) members; (2) has owned or rented a building or space in a building for more than one (1) year that is suitable and adequate for the accommodation of its members; (3) is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. Commissioner means the state commissioner of public safety. Department means the state department of public safety. Exclusive liquor store is an establishment used exclusively for the sale of alcoholic beverages, except for the incidental sale of ice, tobacco products, beverages for mixing with intoxicating liquor, soft drinks, liqueur-filled candies, food products that contain more than one-half (1/2) of one percent alcohol by volume, cork extraction devices, and books and videos on the use of alcoholic beverages, magazines and other publications published primarily for information and education on alcoholic beverages, and home brewing equipment. An exclusive liquor store that has an on-sale or combination on-sale and off-sale license may sell food for on- premises consumption when authorized by the city. ## City of Woodbury Liquor ## Ordinance Continued: An exclusive liquor store may offer live or recorded entertainment. Hotel means an establishment where food and lodging are regularly furnished to transients, and which has: 1. A dining room serving the general public at tables and having facilities for seating at least thirty (30) guests at one time, and 2. Twenty-five (25) guest rooms. Intoxicating liquor means ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent alcohol by weight. Licensed premises is the premises described in the approved license application, and only for a space that is compact and contiguous. In the case of a restaurant, club or exclusive liquor store licenses for on-sales of alcoholic beverages and located on a golf course, “licensed premises” means the entire golf course except for the areas where motor vehicles are regularly parked or operated. Low alcohol malt liquor means a fermented malt beverage containing two (2) percent or less of alcohol by weight. Not withstanding any law or rule to the contrary, if either: 1.The term of “low alcohol” appears on the label of the beverage container, or 2.A brewer has provided written certification to the department of public safety establishing an alcohol content of two (2) percent or less by weight; no further label shall be required on that container. Malt liquor means any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent (1%) alcohol by volume. 3.2 percent malt liquor means malt liquor containing not less than one-half of one (1) percent alcohol by volume nor more than 3.2 percent alcohol by weight. Off-sale means the sale of alcoholic beverages in original packages for consumption off the licensed premises only. On-sale means the sale of alcoholic beverages for consumption on the licensed premises only. Restaurant means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public and having seating capacity for twenty-five (25) guests. Retail means sale for consumption. ## City of Woodbury Liquor ## Ordinance Continued: Table or sparkling wine means a beverage made without rectification or fortification and containing not more than twenty- five (25) percent of alcohol by volume and made by the fermentation of grapes, grape juice, other fruits, or honey. Wholesaler means a person who sells alcoholic beverages to persons to whom sale is permitted under section 340A.310, from a stock maintained in a warehouse in the state. Wine is the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grapes, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half (1/2) of one percent nor more than twenty-four (24) percent alcohol by volume for non- industrial use. Wine does not include distilled spirits defined as ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin or other distilled spirits, including all dilutions and mixtures thereof form non- industrial use. ## SECTION 4-2. STATE LAW ## ADOPTED ## Minnesota Statutes Chapter 340A is adopted by reference as if set out at length in this chapter. If the other provisions in this chapter are more stringent than the provisions ## of Minnesota Statutes Chapter 340A, such other provisions shall be controlling. State law reference-Adoption by reference, M.S. 471.62 ## SECTION 4-3. EFFECTIVE DATE This ordinance shall become effective upon its passage and publication according to law. ## SECTION 4-4. RESPONSIBILITY OF ## LICENSEES Every licensee is responsible for the conduct in the licensed establishment and any sale of alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is the act of the licensee. State law reference-Similar provisions, M.S. 340A.501 ## SECTION 4-5. ELIGIBLE PERSONS ## AUTHORIZED TO SELL/SERVE A person must be eighteen (18) years of age to deliver, sell or serve alcoholic beverages. ## City of Woodbury Liquor ## Ordinance Continued: ## SECTION 4-6. ALCOHOL ## AWARENESS TRAINING (a)Prior to an employee being authorized to serve or sell alcoholic beverages, an employer shall provide and discuss the Alcohol Awareness Checklist provided by the City, with the employee and it shall be documented in an employee file. (b) Within six (6) months of the initial hire date, an employee authorized to serve or sell alcoholic beverages shall complete an alcohol awareness program approved by the Director of Public Safety. (c)The employee authorized to serve or sell alcoholic beverages on the licensed premises shall annually complete an alcohol awareness program approved by the Director of Public Safety. ## SECTION 4-7. SALES OF ## OBVIOUSLY 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. State law reference-Similar Provisions, M.S. 340A.502. ## SECTION 4-8. OFFENSES ## INVOLVING UNDERAGE PERSONS (a) Consumption – it is unlawful for any: Retail establishment holding a liquor license to permit any person under 21 years of age to consume alcoholic beverages on the license premises, or 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; 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; ## City of Woodbury Liquor ## Ordinance Continued: 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. C.Possession – It is unlawful for a person under 21 years of age to: Possess any alcoholic beverage with the intent to consume it as 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 age for the purpose of purchasing alcoholic beverages. F. Proof of Age. Proof of age for purchasing or consuming alcoholic beverages may be established only 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. ## State Law References-Similar Provisions, M.S. 340A.503. ## SECTION 4-9. HOME DELIVERY A person authorized to serve, sell or deliver alcoholic beverages must determine through legitimate proof of identification that all deliveries of wine, beer and alcoholic beverages are accepted only by eligible persons 21 years of age or older. The person in charge of any vehicle delivering wine, beer and alcoholic beverages to purchasers shall carry an invoice or delivery slip stating the date, names and addresses of the seller and purchaser, itemizing the number, size and brand of alcoholic beverages to be delivered. Upon delivery, the invoice shall be signed by the person accepting the delivery and by the deliverer and the signed copy preserved on the retailer’s premise for a period of six (6) months. The records shall be open to inspection by any police officer or other designated officer or employee of the city at any time. ## City of Woodbury Liquor ## Ordinance Continued: ## SECTION 4-10. GAMBLING ## PROHIBITED (a)Except as otherwise provided ## in Minnesota Statutes 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 ## Minnesota Statutes Section 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 ## Minnesota Statutes Chapter 349. ## State Law Reference-Similar ## Provisions, M.S. 340A.410, subd.5. ## SECTION 4-11. SALE OF ## MINNESOTA BEER AT PUBLIC ## FACILITIES At any permanent or temporary building or structure owned or operated by the State of Minnesota, a political subdivision, or an instrumentality thereof, where beer is sold for on-premises consumption, the entity owning or operating the building or structure must ensure that a Minnesota produced beer is available for purchase at each station where beer is sold. This section applies to all such permanent or temporary buildings or structures without regard to whether sales of beer are made by the owning or operating government entity or employees thereof, or by a person holding a lease or concession contract with the government entity. This section does not apply to persons holding an event where: 1. The event is conducted under a temporary permit from that government entity, and 2. Alcoholic beverages are provided to persons attending the event, at no cost to those persons. ## SECTION 4-12. LICENSE ## REQUIRED (a) No person may directly or indirectly on any pretence 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. (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. ## City of Woodbury Liquor ## Ordinance Continued: The licensee shall post and maintain in a conspicuous place within the licensed premised at the exits clearly visible to customers: one sign 14-1/2 inches wide by 8 inches high, which states no alcoholic beverages are allowed beyond this point. (c) Any person licensed to sell intoxicating liquor at on-sale may sell 3.2 percent malt beverages at on-sale without further license. (d) The holder of an on-sale wine license who is also licensed to sell 3.2 percent malt liquors at on-sale, and whose gross receipts are at least sixty (60) percent attributable to the sale of food, shall have the right to sell intoxicating malt liquors at on-sale without an additional license. (e) Subject to the approval of the state liquor control commissioner, an on-sale wine license may be issued to a licensed bed and breakfast facility which license would authorize a bed and breakfast facility to furnish wine only to the registered guests of the facility. ## State Law Reference-License Required. M.S. 340A.401. ## SECTION 4-13. APPLICATION (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 Director of Public Safety. (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 are 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 fenced and have secure, controlled access. Storage of alcoholic beverages is not allowed on the attached deck or patio. An application will not be reviewed by city council until site plans have been approved by Community Development. ## City of Woodbury Liquor ## Ordinance Continued: (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 Minnesota ## Statutes Section 340A.802 during the preceding year. (d) Applications for the renewal of an existing license shall be made at least sixty (60) days prior to the date of the expiration of the license and shall be made in such abbreviated form as the ## Director of Public Safety may approve. Proposed enlargement, alteration, or extension of premises previously licensed shall be reported to the Director of Public Safety at or before the time application is made. If, in the judgment of the Director of Public Safety, good and sufficient cause is shown by the applicant for his 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 applications. Changes in the corporate articles or partnership agreement shall be submitted to ## the Director of Public Safety within thirty (30) days after such changes are made. In the case of a corporation, the licensee shall notify the Director of Public Safety 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. ## SECTION 4-14. MANAGEMENT ## AGREEMENT (a)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 Director of Public Safety. The licensee shall provide the ## Director of Public Safety with a copy of the proposed management agreement and such fee is established by resolution at least ten (10) days before the agreement is to take effect. (b)Upon receiving a copy of the proposed management agreement, the Director of Public Safety shall conduct such investigation as he deems appropriate. No management agreement shall become effective until the Director of Public Safety has approved it. ## City of Woodbury Liquor ## Ordinance Continued: (c)If the Director of Public Safety determines that the proposed management agreement should not be approved, he shall notify the city council which will provide the licensee the opportunity for a hearing before final action is taken by the city regarding the proposed management agreement. (d) The city council, in its discretion, shall have the right to refuse to approve a proposed management agreement if it determined that such approval would not be in the best interest of the city. (e)Failure to give written notice of management agreement by an existing licensee shall be grounds for automatic revocation of the licensee. (f)If the management agreement provides that the manager will purchase the licensed premises, the manager shall submit a completed license application to the city within thirty (30) days after approval of the management agreement by the city. ## SECTION 4-15. CLASSES; ELIGIBILITY ## REQUIREMENTS (a)3.2 Percent malt liquor licenses shall be of the following classes: ## 1. Retail, On-Sale ## 2. Retail, Off-Sale (b)Intoxicating liquor licenses shall be of the following classes: ## 1. Retail, On-Sale ## 2. Retail, Off-Sale ## 3. Retail, On-Sale, Wine ## 4. Retail, On-Sale, ## Sunday Sales On-sale licenses permit the sale of alcoholic beverages for consumption on the licensed premises only. Off-sale licenses permit the sale of alcoholic beverages for consumption off the licensed premises only. (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. (d) 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 evoked within five (5) years of the license application, or to any person who at the time of the violation owns any interest, ## City of Woodbury Liquor ## Ordinance Continued: whether as a holder of more than five (5) 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 a direct or indirect interest in a manufacturer, brewer, or wholesaler. In addition, no new retail license may be issued to, and the city council may refuse to renew the license of, a person who, within five years of the license application has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution or possession for sale or distribution of an alcoholic beverage. ## State Law Reference-Similar Provisions. M.S.340A.402. ## SECTION 4-16. LIABILITY INSURANCE (a)No retail liquor license may be issued, maintained, or renewed unless the applicant demonstrates proof of financial responsibility regarding liability imposed by Minnesota Statutes 340A.801. The minimum requirement for proof of financial responsibility may be given by filing: 1) A certificate that there is in effect for the license period an insurance policy issued by an insurer required to be licensed under Section 60A.07, Subdivision4, or by an insurer recognized as an eligible surplus lines carrier pursuant to Section 60A.206 or pool providing at least fifty thousand dollars ($50,000) of coverage because of bodily injury to any one (1) person in any one (1) occurrence, one hundred thousand dollars ($100,000) because of bodily injury to two (2) or more persons an any one (1) occurrence, ten thousand dollars ($10,000) because of injury to or destruction of property others in any one (1) occurrence, fifty thousand dollars ($50,000) for loss of means of support for any one (1) person in any one (1) occurrence and one hundred thousand dollars ($100,000) for loss of means of support of two (2) or more persons in any one (1) occurrence; 2) a bond of a surety company with minimum coverage as provided in paragraph (1), or ## City of Woodbury Liquor ## Ordinance Continued: 3) a certificate of the state treasurer that the licensee has deposited with the state treasurer one hundred thousand dollars ($100,000) in cash or securities which may be legally purchased by savings banks or for trust funds having a market value of one hundred thousand dollars ($100,000). This subsection does not prohibit an insurer from providing the coverage required by this subsection in combination with other insurance coverage. An annual aggregate policy limit for dram shop insurance of not less than three hundred thousand ($300,000) may be included in the policy provisions. A liability insurance policy required by this section must provide that it may not be cancelled 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 Director of Public Safety of intent to cancel the policy; and (2) nonpayment of premium unless the cancelling party has first given ten days notice in writing to the issuing authority of intent to cancel the policy. (b) Subsection (a) does not apply to licensees who by affidavit establish that: 1. They are on-sale 3.2 percent malt liquor licenses with sales of less than twenty-five thousand dollars ($25,000) of 3.2 percent malt liquor for the preceding year, or 2. They are an off-sale 3.2 percent malt liquor licensees with sales of less than fifty thousand dollars ($50,000) of 3.2 percent malt liquor for the preceding year, or 3. They are holders of on- sale wine licenses with sales of less than twenty- five thousand dollars ($25,000) of wine for the preceding year. ## State Law Reference-Similar Provisions, M.S. 340A.409. ## City of Woodbury Liquor ## Ordinance Continued: ## SECTION 4-17. 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, the finance director/deputy clerk shall refund the amount paid. (b) All licenses shall expire on the last day of March in each year. Each license shall be issued for a period of one (1) 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 (1) month. (c)The annual fee for a license shall be as established by resolution. (d) Upon written request, a pro rata share of an annual license fee for a retail license 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; 3. The business ceases to be lawful for a reason other than a license revocation; or 4. The license 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. ## State Law Reference-License ## Fees, M.S. 340A.408/ Term, M.S. 340A.411, Subd.2. ## SECTION 4-18. ISSUANCE The city council shall investigate all facts set out in the application for a liquor license. ## City of Woodbury Liquor ## Ordinance Continued: The council shall instruct the city administrator to cause to be published in the official newspaper ten (10) days in advance, a notice of hearing to be held by the city council, setting forth the day, time and place when the hearing will be held, the name of the applicant, the premises where the business is located, and such other information as the city council may direct. At the hearing the opportunity shall be given to any person to be heard for or against the granting of the license. No off-sale license shall become effective until the commissioner has approved it. ## State Law Reference-Investigation required, M.S.340A.412, Subd.2. ## SECTION 4-19. TRANSFER 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. ## State Law Reference-License Limited ## to Space Specified, M.S.340A.410, Subd.7. ## SECTION 4-20. POSTING A retail license to sell alcoholic beverages must be posted in a conspicuous place in the premises for which it is used. State Law Reference- ## Similar Provisions, M.S.340A.410, Subd.4. ## SECTION 4-21. 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. ## SECTION 4-22. SUSPENSION OR ## REVOCATION The city council may either suspend for up to sixty (60) days or revoke a license to sell alcoholic beverages or impose a civil fine not to exceed two thousand dollars ($2,000) 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. ## State Law Reference-Similar Provisions, M.S.340A.415. ## SECTION 4-23. SALES BY CLUBS No club shall set an alcoholic beverage except to club members and to guests in the company of members. ## SECTION 4-24. PENALTY The following violations are a gross misdemeanor: ## City of Woodbury Liquor ## Ordinance Continued: 1.The sale of alcoholic beverages without a license authorizing the sale. 2.To violate the provisions of Section 340A.502. 3.To violate the provisions of Section 340A.503, Subd. 2, Clause 1 or 3. Any person who shall commit or do any other act that violates the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed seven hundred dollars ($700) or imprisonment for a period not to exceed ninety (90) days, or both. ## ARTICLE II. INTOXICATING ## LIQUORS ## SECTION 4-25 ELIGIBILITY a)An on-sale intoxicating liquor license may be issued to the following establishments: 1.Hotels; 2.Restaurants; 3.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; 4.Exclusive liquor stores; 5.Restaurant establishments that are issued licenses to sell wine. b)No license shall be granted for any business which principal building is within five hundred (500) feet of a principal school building. ## SECTION 4-26 RESTRICTIONS Off-sale retail licensees may provide samples of wine, liqueurs and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off-sale in quantity less than 100 milliliters of malt liquor per variety per customer, fifty (50) milliliters of wine per variety per customer, twenty-five (25) milliliters of liqueur or cordial per variety per customer, and fifteen (15) milliliters of distilled spirits per variety per customer. ## SECTION 4-27 KEG REGISTRATION a)No off-sale retailer shall sell beer kegs unless that retailer affixes an identification label or tag to each beer keg. An identification label or tag shall consist of paper, plastic, metal, or another durable material that is not easily damaged or destroyed. Identification labels used may contain a nonpermanent adhesive material to apply the label directly to an outside surface of a beer keg at the time of sale. ## City of Woodbury Liquor ## Ordinance Continued: Identification tags shall be attached to beer kegs at the time of sale with nylon ties or cording, wire ties or other metal attachment devices, or another durable means of tying or attachment of the tag to the beer keg. The identification information contained on the label or tag shall include the licensed off-sale retailer’s name, address and telephone number, a unique beer keg number assigned by the retailer, and a prominently visible warning that intentional removal or defacement of the label or tag is a criminal offense. Upon return of a beer keg to the off-sale retailer that sold the beer keg and attached the identification label or tag, the off- sale retailer shall be responsible for the complete and thorough removal of the entire identification label or tag, and any adhesive or attachment devices of the label or tag. The identification label or tag must be kept on file with the retailer for not less than 90 days from the date of return. b)An off-sale retailer may not sell a beer keg unless the beer keg has attached an identification label or tag complying with the standards established under Sec.4-27(a). c)An off-sale retailer who sells a beer keg must at the time of the sale record: 1.The number of the purchaser’s driver’s license, Minnesota identification card, military identification card, or valid United States or foreign passport, 2.The date and time of the purchase, 3.The beer keg identification number required under Sec. 4-27(b) and, 4.The purchaser’s signature. The record must be retained for not less than 90 days after the date of the sale. d)An off-sale retailer required to retain records under Sec. 4-27 must make the records available during regular business hours for inspection by a peach officer, the commissioner, or an agent of the commissioner. e)A person required to record information under Sec. 4-27 may not knowingly make a materially false entry in the book or register required under Sec. 4-27(c). In a prosecution under this subdivision, it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon the identification provided by the purchaser of a beer keg. No person other than an off-sale retailer, a licensed wholesaler of malt beverages, a peace officer, the commissioner, or an agent of the commissioner may intentionally remove ## City of Woodbury Liquor ## Ordinance Continued: identification placed on a beer keg in compliance with Sec. 4-27. No person may intentionally deface or damage the identification on a beer keg to make it unreadable. ## SECTION 4-28 FOOD SALES No on-sale intoxicating liquor license shall be issued to an establishment unless at least fifty (50) percent of the gross food and beverage receipts of the establishment will be attributable to the sale of food. This requirement shall be regulated as follows: a)Each on-sale intoxicating licensee shall have the continuing obligation to have at least fifty (50) percent of gross food and beverage receipts from the establishment during the preceding business year attributable to the sale of food. b)In the case of a new establishment, the applicant must make a bona fide estimation that at least fifty (50) percent of the gross receipts from the sale of food and beverages of the establishment during its first year of business will be attributable to the sale of food. c)For the purpose of this section, “establishment” shall include the food and beverage portion of a multi-service establishment. Financial records for the food and beverage portion must be maintained separately from the records of the remainder of the establishment. d)For the purpose of this section, “sale of food” shall include gross receipts attributable to the sale of food items, soft drinks, and non- alcoholic beverages. It shall not include any portion of gross receipts attributable to the non- alcoholic components of plain or mixed alcoholic beverages such as ice, soft drink mixes or other mixes. e)The city may require the production of such documents or information including but not limited to, books, records, audited financial statements or pro forma financial statement as it deems necessary or convenient to enforce these provisions. The city may also obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records. f)In addition to other remedies that it may be available, the city may place the license of any on-sale intoxicating liquor licensee on probationary status for up to one year when the sale of food is reported or found to be less than fifty (50) percent of gross food and beverage receipts for any business year. During the probationary period, the licensee shall prepare any plans and reports, participate in any required meetings, and take other action that the city may require to increase the sale of food. ## City of Woodbury Liquor ## Ordinance Continued: g)If, after the probationary period, food sales are still less than 50%, the establishment shall not be eligible to sell intoxicating beverages. This shall not prohibit the license holder from obtaining a license to sell 3.2 percent malt beverages. Food must be available to guests until two hours before discontinuing alcoholic service. ## SECTION 4-29 EMPLOYMENT OF ## MINORS IN RETAIL ESTABLISHMENTS 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 18 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 not sell or serve any wine. ## State Law Reference-Similar Provisions, M.S. 340A.412, subd. 10. ## SECTION 4-30 DAYS AND HOURS OF ## SALE a)No sale of intoxicating liquor for consumption on the premises holding an on-sale license issued under this article may be made: 1.between 1:00 a.m. and 8:00 a.m. on the days of Tuesday through Thursday. 2.Between 2:00 a.m. and 8:00 a.m. on the days of Friday through Saturday; 3.Between 12:00 midnight and 8:00 a.m. on Mondays; 4.After 2:00 a.m. on Sundays except as provided by section ## titled Sunday Sales; 5.Between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except as provided by Sub-Section (c). b)Sale of intoxicating liquor for consumption on the premises holding an on-sale license issued under this article may be made from midnight until 2:00 a.m. on ## New Years Day, not withstanding any other law. c)Licensees who have not obtained a special 2:00 a.m. license from ## MN Alcohol and Gambling ## Enforcement Division are prohibited from selling alcohol between 1:00 a.m. and 2:00 a.m. on any day of the week. d)No sale of intoxicating liquor may be made by an off-sale licensee under this article: 1.On Sundays; 2.Before 8:00 a.m. on Monday through Saturday; 3.After 10:00 p.m. on Monday through Saturday; ## 4.On Thanksgiving Day; ## 5.On Christmas Day, December 25, or 6.After 8:00 p.m. on ## Christmas Eve, December 24. ## City of Woodbury Liquor ## Ordinance Continued: e)No licensee shall permit any person to consume intoxicating liquor on his premises within the time when the sale thereof is prohibited as specified in this section except for a period of fifteen (15) minutes after the closing hours set forth above. During the time such consumption is prohibited for licensee shall not permit any unconsumed intoxicating liquor or any glasses, bottles, or other containers thereof ton stand or be in evidence on counters, tables or booths where customer are ordinarily served in his place of business. It shall be unlawful for any persons or customers other than the licensee or his employees to remain on the premises after fifteen (15) minutes after the closing hours. f)No holder of an on-sale license shall display wine to the public during hours when the sale of wine is prohibited. ## SECTION 4-31 SUNDAY SALES A restaurant, club or hotel with a seating capacity for at least thirty (30) persons and which holds an on-sale intoxicating liquor license may sell intoxicating liquor at retail for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. and 12:00 midnight on Sunday, unless New Years Eve falls on a Sunday, in which case on-sale sales may be made until 2:00 a.m. on January 1, if it obtains a retail, on-sale Sunday sales license from the city council. The city council shall issue the license if the licensee is in conformance with the Minnesota Clean Indoor Air Act. ## SECTION 4-32 WINE On-sale retail wine licenses permit the retail sale of wine up to fourteen (14) percent alcohol by volume for consumption with food on the licensed premises. On-sale retail wine licenses authorize the sale of wine on all days of the week. ## SECTION 4-33 ELIGIBILITY An on-sale wine license may be issued with the approval of the commissioner to a restaurant having facilities for seating at least twenty-five (25) guests at a time. ## SECTION 4-34 REMOVAL FROM ## PREMISES A restaurant licensed to sell intoxicating liquor or wine at on-sale 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 premises, provided the corked bottle has been opened and the contents partially consumed. A removal of the bottle under the conditions described in this subdivision is not an off sale of intoxicating liquor, and may be permitted without an additional license. ## ARTICLE III. 3.2 PERCENT ## MALT LIQUOR ## SECTION 4-35 HOURS AND DAYS OF ## SALE a)No sale of 3.2 percent malt liquor for consumption on the premises may be made between 12:00 a.m. and 8:00 a.m. on Monday, between 1:00 a.m. and 8:00 a.m. ## Tuesday through Thursday, ## City of Woodbury Liquor ## Ordinance Continued: between 2:00 a.m. and 8:00 a.m. Friday through Saturday, nor between 2:00 a.m. and 12:00 noon on Sunday. b)Sale of 3.2 percent malt liquor for consumption on the premises may be made from midnight until 2:00 a.m. on New Years Day. c)Licensees who have not obtained a special 2:00 a.m. license from ## MN Alcohol and Gambling ## Enforcement Division are prohibited from selling alcohol between 1:00 a.m. and 2:00 a.m. on any day of the week. d)No sale of 3.2 percent malt liquor for consumption off the premises may be made between 2:00 a.m. and 8:00 a.m. on any day of the week. e)No person licensed under this article for the retail sale of 3.2 percent malt liquor shall permit any person to consume 3.2 percent malt liquor on his premises within the time when the sale thereof is prohibited as specified in this section except for a period of fifteen (15) minutes after the closing hours set forth above. During the time consumption is prohibited the licensee shall not permit any unconsumed 3.2 percent malt liquor or any glasses, bottles, or other containers thereof to stand or be in evidence on counters, tables, or booths where customers are ordinarily served in his place of business. ## State Law Reference-Days and Hours of Sale, M.S. 340A.504. ## SECTION 4-36 TEMPORARY LICENSES A club or charitable religious or nonprofit organization may be issued a temporary “on-sale” license for the sale of 3.2 percent malt liquor on and off school grounds, and in and out of schoolhouses and school buildings, provided the organization can show a letter of authorization for the use and sale and consumption of 3.2 percent malt liquor in the school building. Temporary licenses shall be subject to such terms and conditions as the city shall prescribe. The organization shall be exempt from the financial responsibility requirements of ## Minnesota Statutes Chapter 340A.409, Subd. 1. ## State Law Reference-Temporary Licenses, M.S. 340A.403, Subd. 2.