ORDINANCE NUMBER 02-03 AMENDING CHAPTER 11

THE CITY COUNCIL OF MOUNTAIN IRON HEREBY ORDAINS:

SECTION 1. Section 11.02 Subdivision 1 of the Mountain Iron City Code is hereby amended to read as follows:

Subd. 1 No sale of non-intoxicating malt liquor shall be made between the hours of 2:00AM and 8:00AM, on any weekday, Monday through Saturday inclusive. Neither shall any sale of such liquor be made on any Sunday between the hours of 2:00AM and 10:00AM, nor after 8:00PM on December 24th.

SECTION 2. Section 11.02 Subdivision 2 of the Mountain Iron City Code is hereby amended to read as follows:

Subd. 2 No sale of intoxicating liquor shall be made after 2:00AM on Sunday nor until 8:00AM on Monday. No on-sale of intoxicating liquor shall be made between the hours of 2:00AM and 8:00AM on any weekday, nor shall any on-sale be made after 8:00PM on December 24th. No off-sale of intoxicating liquor shall be made before 8:00AM or after 10:00 PM on any day.

SECTION 3. Section 11.25 Subdivision 2 of the Mountain Iron City Code is hereby amended to read as follows:

Subd. 2 Hours of Sunday Sales. Such establishments may serve intoxicating liquors on Sunday between the hours of 10:00AM Sunday and 2:00AM on Monday in conjunction with serving food; provided that if such establishments are in conformance with Minnesota Clean Air Act, such establishments may serve intoxicating liquors on Sunday between 10:00AM on Sunday and 2:00AM on Monday in conjunction with the sale of food.

SECTION 4. Section 11.27 Subdivision 3 of the Mountain Iron City Code is hereby amended to read as follows:

Subd. 3 Closing Time. Any premises holding and on-sale sale intoxicating liquor of non-intoxicating malt liquor or special club license and any bottle club as defined in Minnesota Statutes 2002, Section 340A.414 shall vacate patrons from its establishment no later than 2:30AM. No patrons shall be allowed to consume or display the sale intoxicating liquor of non-intoxicating malt liquor within any such establishment after 2:30AM.

SECTION 5. Section 11.05 of the Mountain Iron City Code is hereby amended to read as follows:

It shall be unlawful for any person to sell, give, barter, furnish deliver or dispose of in any manner either directly or indirectly any intoxicating liquor non-intoxicating malt liquor in any quantity for any purpose whatsoever to any person under the age of 21 years or to any intoxicated person. Whoever shall in any way procure intoxicating liquor non-intoxicating malt liquor for the use of any person named in this Section shall be deemed to have sold it to such person.

SECTION 6. Section 11.22 Subdivision 5 of the Mountain Iron City Code is hereby amended to read as follows:

Subd. 5 No intoxicating liquor shall be sold, furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 21 years of age or to any person to whom sale is prohibited by State Law.

SECTION 7. Section 11.08 Subdivision 3C of the Mountain Iron City Code is hereby amended to read as follows:

C. The name of the business, if it is to be conducted under a designation name or style other than the full individual name of the applicant, and in such case, a copy of the certification as required by Minnesota Statutes Chapter 333, certified by the Clerk of District Court, 2002 shall be attached to the application.

SECTION 8. Section 11.08 Subdivision 3L1 of the Mountain Iron City Code is hereby amended to read as follows:

1. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in Subsection (c) of this Section. A managing partner or partners shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application and, if the partnership is required to file a certificate as to a trade name under the provisions of Minnesota Statutes Chapter 333, 2002, a copy of such certificate certified by the Clerk of District Court shall be attached to the application.

SECTION 9. Section 11.08 Subdivision 3L2B of the Mountain Iron City Code is hereby amended to read as follows:

(b) A true copy of the certificate of incorporation, articles of incorporation, a certificate of authority as described in Minnesota Statutes, 2002, Chapter 303.

SECTION 10. Section 11.22 Subdivision 14 of the Mountain Iron City Code is hereby amended to read as follows:

Subd. 14 Every person or entity licensed to sell at retail intoxicating liquor or non-intoxicating malt liquor at on-sale or off-sale shall maintain liability insurance as required by Minnesota Statute 340A.409. Such policy must have limits of coverage at least equal to the amounts required by law and said policy must include a provision that the insurer may not cancel the coverage without ten days� written notice to the City of Mountain Iron.

SECTION 11. Section 11.25 Subdivision 1 of the Mountain Iron City Code is hereby amended to read as follows:

Subd. 1 Special Licenses. The City Council of the City of Mountain Iron may grant special licenses for the sale of intoxicating liquors at on-sale on Sunday to any establishment in the City of Mountain Iron which is a hotel or a restaurant as defined in the Laws of the State of Minnesota, 2002, Chapter 340A.101, and which establishments have facilities for servicing not less than thirty guests at any one time, and which establishments have been or may after be issued as on-sale licenses for the sale of intoxicating liquors.

SECTION 12. Section 11.28 is hereby added to the Mountain Iron City Code is to read as follows:

Section 11.28 2AM Closing.

Subd.1. Any On-Sale Liquor License holder wanting to extend their hours of operation from 1:00AM to 2:00AM must apply to the City, on forms prescribed by the City, to request an extension of hours of operation from 1:00AM to 2:00AM.

Subd.2. Any additional fees for such extension as described in this Section shall be set by a Resolution of the City Council.

SECTION 13 INCONSISTENT ORDINANCES. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.

SECTION 14 EFFECTIVE DATE. This Ordinance shall be effective immediately upon publication.

DULY ADOPTED BY THE CITY COUNCIL THIS 15th DAY OF SEPTEMBER, 2003.