File #: 17-033-O    Name:
Type: Ordinance Status: Passed
File created: 6/5/2017 In control: Purchasing and Licensing
On agenda: 6/8/2017 Final action: 6/12/2017
Title: ORDINANCE AMENDING SECTION 8-17, CHAPTER 8, OF THE DULUTH CITY CODE RELATING TO THE DAYS AND HOURS OF SALE OF INTOXICATING LIQUOR AND REPEALING THE PROHIBITION ON SUNDAY OFF-SALE OF INTOXICATING LIQUOR.

Title

ORDINANCE AMENDING SECTION 8-17, CHAPTER 8, OF THE DULUTH CITY CODE RELATING TO THE DAYS AND HOURS OF SALE OF INTOXICATING LIQUOR AND REPEALING THE PROHIBITION ON SUNDAY OFF-SALE OF INTOXICATING LIQUOR.

 

Body

CITY PROPOSAL:

                     The city of Duluth does ordain:

                     Section 1.                     That Section 8-17, Chapter 8 of the Duluth City Code be amended to read as follows:

                     Sec. 8-17.                     Hours and days of sale --intoxicating liquor.

                     (a)                     Except as provided by this Chapter, the hours of operation and days of sale shall be those set by Minn. Stat. § 340A.504, as it may be amended from time to time.

                     (b)                     No on sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday, except as permitted by special license issued pursuant to the provisions of Section 8-46, or by on sale wine license, nor shall such sales be made after 8:00 p.m. on December 24.

                     (c)                     No on sale shall be made until 8:00 a.m. on Monday nor between the hours of 1:00 a.m. and 8:00 a.m. on any other weekday.

No off sale shall be made before 8:00 a.m. nor after 10:00 p.m. of any day.  No off sales shall be made on Thanksgiving Day or Christmas Day (December 25).

                     (d)                     Sales of intoxicating liquor for consumption on the licensed premises may be made until 2:00 a.m. as provided by Minn.Stat.§340A.504, subd.3(a) can be made at other times that are authorized by Minnesota Laws 2003, Chapter 126 (M.S.A. Sec. 340A.504) or its amendments or successor, provided that the seller has first obtained each required state permit and has paid required fees, and has applied for and obtained a late hours permit from the office of the city clerk and paid any fee due, which system of late hours permit and fee for any type of on sale business is hereby authorized.

                     (e)                     No person holding an off sale license for an exclusive liquor store shall, either directly or indirectly, suffer or permit such place to remain open for the transaction of any business at any other time than that prescribed in this Section for the sale of intoxicating liquor.

                     Section 2.                     That this ordinance shall take effect 30 days after its passage and publication.

 

Statement of Purpose

STATEMENT OF PURPOSE:  This ordinance authorizes the sale of intoxicating liquor on Sundays by off sale liquor establishments and adopts the hours of Sunday sales as established by state law.  The hours under state law are 11:00 a.m. to 6:00 p.m. This ordinance also removes outdated language and modifies the organization structure of the section by providing alphabetical references to each paragraph of the section.