HomeMy WebLinkAboutCity Council Ordinance 1966-14VILLAGE OF PLYMOUTH
ORDINANCE NO. 66-14
An Ordinance Regulating the Li-
ceasing and Sale of hstoxieat-
ing Liquors in the Village of
Plynioutt:.
THE VILLAGE COUNCIL OF
THE VILLAGE OF PLYMOUTH
DO HEREBY ORDAIN AS FOL-
LOWS:
Section 1. Definition.
The following words and terms
when used in this Ordinance shall
have the following meanings:
1.01 --"Intoxicating liquor" and
"liquor" shall mean and include
ethyl alcohol and include dis-
tilled, fermented, spirituous, vin-
ous and malt beverages contain-
ing in excess of 3.3 per cent of
alcohol by weight.
1.02—"Person" shall mean any
person, firm, corporation, part-
nership or other unincorporated
association.
1.09 --"Bale-' and "sell, shall
mean and include all barters and
all manners or means of furnish-
ing intoxicating liquor or liquors,
including the selling, exchange,
barter, disposition of, or keeping
for sale of such intoxicating liq-
uor.
1.04 ---"On sale" shall mean the
sale of liquor by the glass for
consumption on the premises
only.
1.05 --"Off sale" shall mean the
sale of liquor in original package
in retail stores for consumption
off or away from the premises
where sold.
1.06—"Package" or 'original
package" shall mean and include
any container or receptacle hold-
ing liquor, which container or re.,
ceptacle is corker or sealed.
1.07--"Hote' hall mean and
include any e; tilishment having
a resident pi )pilptor or man-
ager, where, in cumideration of
payment therefor, food and lodg-
ing are regularly furnished to
transients, and which maintains
not less than 25 guest rooms, with
bedding and other sLitable and
necessary furnishings in each
room, and which is provided with
suitable lobby, desk a: d office for
registration of its guests, at the
:Hain entrance and on the ground
floor, and which en.ploys an ade-
quate staff to provide suitable
and usual service, and which
maintains under the same man-
agement and controls as the rest
of the establishment and has as
an integral part thereuf a dining
room with appropriate facilities
for seating not less than. "' guests
at one time, where the ge-leral
public is, in consideration of pay-
ment therefor, served with meals
at tables.
1.08 --"Restaurant" shall mean
any establishment, other than a
hotel, under the control of a sin-
gle proprietor or maiiager having
appropriate facilities for the serv-
ing of meals to not less than 30
guests at one time and where
meals are regularly furnished at
tables to the general public and
which employs an adequate staff
to provide the usual and suitable
service to its Questa.
1.09 --"Exclusive liquor store"
shall be an establishment used
exclusively for the sale of intox-
icating liquor at retail, either on
or of[ sale or both, cigars, ciga-
rettes, all forms of tobacco, non -
intoxicating malt beverages, and
soft drinks at retail.
1.10—"Club" shall mean and
include any corporation duly or-
ganized under the laws of the
State of Minnesota for civic, fra-
ternal, social or business purposes
or for . ntellectual improvement
or for r Ute promotion of sports,
which shall have mcre than 50
members, and which shall fur
more than a year have owned,
hired or leased a building or space
in a building of such extent a- id
character as may be suitable and
adequate for the reasonable and
comfortable accommodation of its
members and whose affairs and
management are conducted by a
board of directors, executive com-
mittee, or other similar body cho-
sen by the members at a meet-
ing held for that purpose, none
of whose members, officers,
agents, or employees are paid di-
rectly or indirectly any compen-
sation 1 / way of profit from the
distribution or sale of beverages
t-) the members of the club, or
to its guests beyond the amount
of such reasonable salary or
wages as may be fixed and voted
each year by the directors or
other governing body. (The fact
that dancing is conducted in a
hotel or restaurant shall not
make such place ineligible to re-
ceive a license hereunder, if such
dance is incidental to the regular
services of the hotel or restau-
rant.)
1.11—"Drug store" as used in
conjunction with licensing under
this Ordinance shall mean any
place where drugs are kept, com-
pounded and sold and which .3hall
at all times be in charge of a
registered pharmacist, or assist-
ant pharmacist luring the tem-
porary absence of the registered
pharmacist.
Section L License Required.
2.01—No person shall, directly
or indirectly, upon any pieu se
or by any device, L,namdactuce,
import, sell, exchange, barter,
dispose of, or keep for sale, any
intoxicating liquor, without first
having obtained a license t ere -
for as hereinafter provided. Li-
censes shall be of two kinds: "on
sale" and "off sale", which shall
be granted only for the purposes
permitted by the statutes of the
state.
2.02—"On sale" licenses shall
permit the consumption of liquor
on the premises only.
2.03—"Off sale" licenses shall
r,e granted to permit the sale of
liquor at retail in the original
package for consumption off the
premises only.
Section & A"Ilestian for License.
3.01—Every person desiring a
license for either "on" or -1oT1
sales shall file the application in
the form to be prescribed b;• the
State Liquor Control Commis-
sioner and with such additional
information as the Village Coun-
cil mtky require.
3.02--A bond with corporate
stirety shall accompany each ap-
plicatian for a license. In the case
of an application for a license "on
sale", the application shall be ac-
companied by a corporate surety
bond in the sum of $4,000.00 to be
approved as to legal form by the
attorney of the Village, and as
to sufficiency by the Council; or
in lieu of such bond, cash or
bonds of the United States of a
market value of =4,000.00 may be
deposited with the Village Treas-
urer on the same conditions as
provided in the penalty clause of
the required surety bond. In the
case of an application for an "off
sale" license a similar surety
bond or cash or United States
bond equivalent shall be re-
quired, but the amount of such
bond shall be $2,000.00 and shall
be approved by the State Liquor
Control Commissioner. All such
bonds shall be conditioned as fol-
lows:
(a) That the licensee will obey
the law relating to such licensed
business.
(b) That the licensee will pay
to the municipality when due all
taxes, license fees, penalties and
other charges provided by law.
(c) That in the event of any
violation of the provisions of any
law relating to the retail "off
sak" and retail "on sale" of in-
toxicating liquor, such bond shall
be forfeited to the Village.
(d) That the licensee will pay
to the extent of the principal
amount of such bond any dam-
ages for death or injury caused
by or resulting from the viola -
ban of any provisions of law re-
lating thereto, and in such cases
recovery under this subdivision
may be had from the surety on
hb bond. The amount specified
in such bond is declared to be a
penalty. the amount recoverable
to be measured by the actual
damages; provided, however, that
in no case shall such surety be
liable for any amount in excess
of the penal amount of the bond.
(e) All such bonds shall be for
the benefit of the Village, and
all persons suffering damages by
reason of the breach of the con-
ditions thereci.
3.03—If United States Govern-
ment bands are deposited with
the Village Clerk instead of a
bond with a corporate surety,
such bonds shall be accompanied
by a properly executed assign-
ment, in form approved by the
village attorney, assigning such
government bonds to the Village
of Plymouth, to be held subject
to the conditions, forfeitures and
penalties provided by the laws of
the State of Mirsiesota ano of this
Ordinance. Such assignment shall
aiso contain a stipulation and
agreement that such bonds shall
remain with the Village Treas-
urer of the Village of Plymouth,
subject to the terms and condi-
tians of such assignment sad such
state law during the term of the
license in connection with which
such government bonds are de-
posited, and for three years
thereafter, at which time such
government bonds may be with
the approval of the Village Coun-
cil returned by the Village Treas-
urer to the licensee. In the case
of deposits of government bonds,
the licensee shall be permitted
to clip and take all interest bear-
ing coupons thereto attached at
such times as the bond and cou-
pons indicate they are payable.
3.0"n the event the applicant
.-sires to file a deposit of cash
m the amount hereinabove spec-
ified, in lieu of the bond, for ei-
ther such "on sale" or "off sale"
license, the deposit of such cash
shall be accompanied by a writ-
ten agreement and assignment
upon the part of such licensee, in
form approved by the village at-
torney. wherein and whereby the
licensee assigns such deposit to
the Village of Plymouth. to be
held by the Village Treasurer
subject to the conditions, forfeit-
ures and penalties required by
the laws of the State of Kinne-
sota and of this Ordinance, for
the poAod of the license in con-
nection with which such deposit
is made, and for three years
thereafter, at which time such
deposit may be returned, with
approval of the Village Council,
by the Village Treasurer to such
.icensee. Provided, however, up-
on application for return, as in
these sectimm provided for, of
such bonds or cash, that the li-
censee shall file with the Village
Clerk, an affidavit stating that
no action or proceedings has
been commenced in any court for
the forfeiture of such bonds or
deposit, or for damages to any
person under the terms and con-
ditions thereof, and that the li-
censee has no knowledge of any
existing claim or cause of action
under the terms and conditions
of the assignment of such gov-
ernment bonds or cash.
Section 4. Fess.
4.01—The annual license fee for
an "on sale" license shall be Four
Thousand and No/100 ($4,000.00)
Dollars, payable in two equal in-
stallments in advance on the first
day of February of each year and
again on the first day of August
of each year. When any license
is issued for an unexpired por-
tion of a license year, the fee
shall be pro rated and a receipt
from the Village Treasurer for
the portion of the license fee due
shall accompany the application,
provided the minimum thereof
shall be Four Hundred .and N0/-
100 (5400.00) Dollars. Failure to
pay the second installment of the
license fee promptly when due
shall be cause for revocation of
any "on sale" license., without
notice..
4.02—The annual license fee for
an "off sale" license shall be Two
Hundred and No/100 ($200.00,
Dollars.
4.03—The annual fee for an "on
bale" license issued to a club as
authorized by the Statutes of the
State of Minnesota, shall be One
Hundred and No/100 ($100.00)
Dollars.
4.04 --All licenses shall expire
on the 1st day of February of
each year.
3eedon S. Grand" a[ Licummw
5.01—The Village Council stall
cause an investigation to be made
of all the representations met
forth in the application. Oppor-
tunity shall be given at a regular
or special meeting of the Council
to any person to be heard for or
against the granting of any li-
cense. After such investigation
and approval of the required
bond, the Village Council shall
grant or refuse such license in
its discretion; provided that no
"off sale" license shall become
effective until it, together with
the bond, has the approval of
the State Liquor Control Com-
missioner. All licensed premises
shall have the license posted in
a conspicuous place therein at all
times. No license shall be trans-
ferable either as to licensee or
premises wit;iout the approval of
the Council ac? also of the State
Liquor Conte % Commissioner in
the case of 'off sale" lif maps.
5.02—No license for sale of in-
toxicating liquor "on sale" or "off
sale" shall be hereafter granted
by the Village Council, unless
such license shall be a renewal
of a license previously granted
at the same location to the same
licensee, until a public hearing
shall have been conducted by the
Village Council after two weeks'
published notice in the official
newspaper, and three copies of
said notice have been posted in
public places in the vicinity of
the premises to be licensed at
least ten days before said hearing.
Sscdm i. Conditions of Licatue.
8.01—All licenses granted here-
ui-der shall be granted subject to
the following conditions, and all
other conditions of this Ordinance,
and subject to all other Ordi-
nances of the Village applicable
thereto and to all regulations
promulgated by the State Liquor
Control Commissioner applicable
thereto.
(a) Every licensee shall be re-
sponsible for the conduct of his
place of business and the condi
tions of sobriety and order there-
in.
(b) No "on sale" dealer shall
sell liquor by the bottle or con-
tainer for removal from the
premises. No dealer ;:ceased for
"off sale" only shall permit thr
consumption of any liquor on
such licensed premises.
(c) No liquor &hail be sold to
any minor. No license shall be
granted to a minor, and no minor
shall be employed in any room
constituting the place in which
intoxicating liquors are sold retail
at "on sale". It shall be unlawful
for a minor to have in his pos-
session any intoxicating liquor
with intent to consume the same,
and possession thereof shall be
prima facie evidence of intent to
unlawfully consume the same.
(d) No licensee shall keep, pos-
sesa or operate, or permit the
keeping, possession or operation
of, on the premises, or in any
room adjoining the licensed prem -
nes controlled by him, any slot
machine, dice or other gambling
device or apparatus, nor permit
any gambling therein, nor per-
mit the licensed premises or any
room in the same or in any ad-
joining building directly or indi-
rectly under his L-- ntrol, to be
used as a resort for p• ostitutes,
or other disorderly per:. »s.
(e) No license shall h. issued
to any person not a cit izen of
the United States. nor to a. •y per-
son not of good moral ci. aracter
and repute, nor to any person
who shall have been-onvicted
of any wilful violation of any
law cu the United States. or the
State of Minnesota, or of any
local Ordinance with regard to
the manufacture, sale, distribu-
tion or possession for sale or dis-
tribution of intoxicating liquor,
not to any person wt.ose license
under this Ordinance shall be re-
voked for any wilful violation of
uch laws or ordinances.
(f) No license shall be granted
to any manufacturer or distiller
of intoxicating liquor, nor to any-
one interested in the ownership
or operation of any such place,
nor to a person operating a li-
censed place owned by a manu-
iacturer, dist::a:, :r exclusive
wholesale distributing agent un-
less such interest was acquired
at least six months prior to Jan-
uary 1. 1834; and no equipment
or fixtures in any licensed place
shall be c caned in whole or part
by any such manufacturer or dis-
tiller.
(g) Not more than one license
of either class shall be granted
to one person or to one manage-
ment except "on sale" and "oft
sale" licenses issued in combina-
tion. "On sale" licenses may be
issued for sale of intoxicating
liquors in hotels, chubs and res-
tauradts exclusively. "OR sale"
licenses shall be issued only to
proprietors of drug stores and ex-
clusive liquor stores.
(h) No license shall be grant-
ed for operation on any premises
upon which taxes or assessments
or other financial claims of the
Village are delinquent and un -
Paid.
(i) All premises where any li-
cense hereunder is granted shall
be open to inspection by any po-
lice or health officer or other
properly designated of ter or
employee of the Village at any
time during which the place so
licensed shall be open to the pub-
lic for business.
(j) No license shall be granted
within the same block of any
school nor within 500 feet of any
school or church.
(k) Every room, place or prew-
ises whe.-*in such liquor is per-
mitted to be or is sold, including
any cafe, restaurant or dining
room operated in connection
therewith, or as part thereof, pur-
suant to an "on sale" license,
shall be closed and kept closed
to the public on every day be-
tween the hours of one o'clock
A.M. and eight o'clock A.M. Dur-
ing the said hours no person, or
persons shall be allowed to be or
remain upon, or within such
room, place or premises for any
purpose whatsoever, except that
the owner or licensee, his agents,
or servants, or employees may
be and remain therein and there-
on for the purpose only of clean-
ing, preparation of meals, neces-
sary repairs, or other work in
connection therewith or as dtch-
man.
(1) No intoxicating l,quor shall
be drunk or consumed on the li-
censed premises between the
hours of one o'clock A.M. and
eight o'clock A.M. on any day
or on Sunday at any time, or be-
fore three o'clock P.M. on Memo-
rial Day or before 8 o'clock P.M.
on any Election Day in the Vil-
lage, and during said hours and
at said times no intoxicating liq-
uor in any quantity whatsoever
shall be served, kept, displayed,
or permitted to be on or in any
table, booth, bar or other place
in such licensed premises, except
the stock of liquors stored there-
in dining such times on the prem-
ises in such portions thereof as
are accessible only to the licensee
and his employees.
(m) As a condition to the Stant
of an "on sale" license where sale
of food and such other articles is
permitted by the Village Coun-
cil, the Council may by resolution
restrict the sale and consumption
of liquor at any place so licensed
to tables where food is served to
patrons purchasing and consum-
ing said liquor, and may prohibit
or limit the sale and consumption
of liquor at a bar, and may pro-
hibit the maintenance of a bar on
the premises where liquor is dis-
played or dispensed.
(n) It shall be a condition of
every license heretofore or here-
after issued hereunder to a cor-
poration that the Village Clerk
be furnished by the licensee with
a correct list of all stockholders
of the corporation to whom the
license is issued and the number
of shares held by each, either in-
dividually or beneficially for oth-
ers; and it shall be the contin-
uing duty of each corporate U-
censee to promptly notify the
Village Clerk of any change in
ownership or beneficial interest
of such sh. es. Any change of
ownership or beneficial interest
of shares of stock entitled to be
voted at any meeting of the t`tock-
holders of such corporation which
results in change in voting con-
trol of the corporation by the
persons owning shares of stock
therein shall be deemed equiva-
lent to a transfer of the license
issued to such corporation, and
any such license shall be revoked
and terminated thirty days after
any such change in ownership or
beneficial interest of shares un-
less the Vilrage Council shall
have been notified of such change
in writing and shall have ap-
proved thereof. The Village Coun-
cil or any officer of the Village
designated by it may at any rea-
sonable time examine the stock
transfer records a n d minute
books of any corporate licensee
in order to verify the names of
stockholders and persons voting
at meetings of such corporation,
and the Village Council may
cancel and terminate any license
issued hereunder to a corpora-
tion upon determinativa by the
Village Council that any change
of ownership of stock in such
corporate licensee has actually
resulted in change of control of
such corporation so as to mate-
rially affect the integrity and
character of its management and
Its operation of an "on sale" or
"off sale" liquor business, pro-
vided that no such action shall
be taken an.il after a hearing by
the Council on thirty days pati, e
to the licensee.
Sedion T. hod=s of Opmadom
7.01—No sale of intoxicating
liquor shall be made after one
o'clock A.M. on Sunday nor be-
tween the hours of one o'clock
AJt and three o'clock P.M. on
any Memorial Day, nor between
the hours of one o'clock A.M. and
eight o'clock P.M. on any Election
day in the Village. No "on -sale"
shall be made before eight o'clock
A.M. or after one o'clock A.M.
of any week day. No "off -sale"
shall be made before eight o'clock
A.M. or after eight o'clock P.M.
of any day except Saturday, on
which day "off -sales" may be
made until ten o'clock P.M. No
"off -sale" shall be made on New
Year's Day, January 1; Memorial
Day, May 30; Independence Day,
July 4; Tbanksgiving Day or
Christmas Day, December 25;
provided, however that on the
e%._ning preceding such days, if
the sale is not otherwise prohib-
ited, • offf-sales" may be made un-
til teen o'clock P.M. except that
no 'off -sale" may be made on
December 24th after eight o'clock
P.M.
Section f. Rear etions an Cah-
sua"plisa.
801—In any place licensed for
"on sale" the liquor sold shall be
served and consumed at tables,
counters or bars equipped with
chairs at which customers must
sit to be served.
8.02 -No liquor shah be sold
or consumed on a public 1.-ghway
or in an autorio;)ile.
Soadon 9. Revocation.
9.01—Any license granted here-
under may be temporarily re-
voked by the Council without
notice to the grantee, and a hear-
ing shall then be held by the
Council and the revocation may
then be made final, for cause.
Any violation of any provision or
condition of this Ordinance or the
state licensing law or any faW-
fication of any statement in the
application shall be grounds for
revocation. Any such license shall
be revoked automatically upon
the conviction of the licensee of
a felony. No portinn of the 11 -
cense fee paid into the Village
Treasury shall be returned upon
revocation.
Section 10. Repeal of Ordhmw*s.
10.01 --Ordinance No. 64-9 of
the Village of Plymouth estab-
lishing a municipal liquor dis-
pensary is hereby repealed..
Section 11. Effective Date.
11.01 This Ordinance shall be-
come effective June 20, 1066.
Adopted by the Village Coun-
cil the 8th day of June, 1988.
Loring Staples
Mayor
ATTEST:
Paul E. Soog
Clerk
(W 6/9/66)
�.. 0A
f.Cu�
VILLAGE OF PLYM UTH
ORDINANCE NO. GO -
14
]UT ORDINANCE REGULATING THE LICENSING AND SALE
of INTOXICATING LMUORS IN TIM VILLAUR OF PLYMUTH
THE VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. Definitions.
The following words and terms when used in this Ordinance shall
have the Following meanings:
1.01 "Intoxicating liquor" and "liquor" shall mean and in-
clude ethyl alcohol and include distilled, fermented,
spirituous, vinous and malt beverages containing in
excess of 3.2 per cent of alcohol by weight.
1.02 "Person" shall mean any person, firm, corporation,
partnership or other unincorporated association.
1.03 "Sale" and "sell" shall mean and include all barters
and all manners or means of furnishing intoxicating
liquor or liquors, including the selling, exchange,
barter, disposition of, or keeping for sale of such
intoxicating liquor.
1.04 "On sale" shall mean the sale of liquor by the glass
for consumption on the premises only.
1.05 "Off sale" shall mean the sale of liquor in original
package in retail stores fcr consumption off or away
from the premises where sc,. d.
1.08 "Package" or "original pac?:age" shall mean and include
any container or receptacle holding liquor, which con-
tainer or receptacle is corked or sealed,
1.07 "Hotel" shall mean and in -;:da any establishment having
a resident proprietor or manager, where, in consideration
of payment therefor, food and lodging are regularly
furnished to transients, and which maintains not less
;han 25 guest rooms, with bedding and other suitable
wnd necessary furnishings in each room, and which is
p-ovided with suitable lobby, desk and office for
registration of its guests, at the main entrance and
on the ground floor, and which employs an acequate
staff to Provide suitable azd usual service, and which
maintains under the same management and controls as the
rest of the establishment and has as an integral part
thereof a dining room with appropriate facilities for
seating not less than 30 guests at one time, where
the general public is, in consideration of payment
therefor, served with meals at tables.
1.08 "Restaurant" shall mean any establishment, oC,. z than
a hotel, under the control of a single proprietor or
manager having appropriate facilities for the serving;
of meals to not less than 30 guests at one time and
where meals are regularly furnished at tables to the
general public and which em -ploys an adequate staff to
provide the usual and suitable service to its guests,
-1-
1.0E "Exclusive liquor store" shall be an establishment used
exclusively for the sale of intoxicating liquor at re-
tail, either on or off sale or both, cigars, cigaretteL
all forms of tobacco, nonintoxicating malt beverages,
and soft drinks at retail.
1.10 "Club" shall mean and include any corporation duly
organized under the laws of the State of Minnesota for
civic, fraternal, social or business purposes or for
intellectual improvement or for the promotion of sports,
which shall have more than 50 members, and which shall
for more than a year have owned, hired or leased a
building or space in a building of such extent and
character as may be suitable and adequate for the
reasonable and comfortable accommodation of its members
and whose affairs and management are conducted by a
board of directors, executive committee, or other similar
body chosen by the members at a meeting held for that
purpose, none of whose members, officers, agents, or
employees are paid directly or indirectly any compensa-
tion by way of profit from the distribution or sale of
beverages to the members of the club, or to its guests
t..,,ond the amount of such reasonable salary or wages
as may be fixed and voted each year by the directors or
other governing body. (The fact that dancing is con-
ducted in a hotel or restaurant shall not make such
place ineligible to receive a license hereunder, if
such dance is incidental to the regular services of the
hotel or restaurant.)
1.11 "Drug store" as used in conjunction with licensing under
this Ordinance shall mean any place where drugs are kept,
compounded ani sold and which shall at all times be in
charge of a registered pharmacist, or assistant pharmacist
during the temporary absence of the registered pharmacist.
Section 2. Li^ense Required.
2.01 No person shall, directly or indirectly, upon any pre-
tense or by any device, manufacture, import, sell, ex-
change, barter, dispose of, or keep for sale, any in-
toxicating liquor, without first having obtained a
license therefor as hereinafter provided. Licenses
shall be of two kinds: "on sale" and "off sale", which
shall be granted only for the purposes permitted by the
statutes of the state.
2.02 "On sale" licenses shall permit the consumption of liquor
on the premises only.
2.03 "Off sale" licenses shall be granted to permit the sale
of liquor at retail in the original package for con-
sumption off the premises only.
Section 3. j,pplication for License.
3.31 Every person desiring a license for either "on" or "o_fIT
sales shall file the application in the form to ba pre-
scribed by the State Liquor Control Commissioner aad with
such additional information as the Village Counci3 may
require.
3.02 A bond with corporate surety shall accompany each applica-
tion for a license. an the case of an application for a
license "on sale", the application shall be accompanied
by a corporate surety bond in the sum of $4,000.00 to be
approved as to legal form by the attorney of the Village,
-2-
and as to sufficiency by the Council; or in lieu of
such bond, cash or bonds of the 'United States of a
market value of $4,0.00.00 may be deposited with the
Village Treasurer on the same conditions as provided
in the penalty clause of the required surety bond. In
the case of an application :dor an "off sale" license a
similar surety bond or cash or United States bond equiv-
alent shall be required, but the amount of such bond
shall be $2,000.00 and shall be approved by the State
Liquor Control Commissioner. All such bonds shall be
conditioned as follows;
(a) That the licensee will obey the law relating to
such licensed business.
u
(b) That the licensee will pay to the municipality
when due all taxes, license fees, penalties and
other charges provided by law.
(c) That in the evekt of any violation of the pro-
visions of any law ralating to the retail "off
sale" and retail "on sale" of intoxicating liquor,
such bond shall be forfeited to the Village.
(d) That the licensee will pay to the extent of the
principal amount of such bond any damages for
death or injury caused by or resulting from the
violation of any provisions of law relating
thereto, and in such cases recovery under this
subdivision may be had frcm the surety on his
bond. The amount specified in such bond is
declared to be a penalty, the amount recoverable
to be measured by the .actual damages; provided,
however, that in no case shall such surety be
liable for any amount in excess of the penal
amount of the bond.
(e) All such bonds shall be for the benefit of the
Village, and all persons suffering damages by
reason of the breach of the conditions thereof.
3.03 If United States Government bonds are deposited with
' the Village Clerk instead of a bond with a corporate
surety, such bonds shall be accompanied by a properly
" executed assignment, in form approved by the village
9
attorney, assigning such government bonds to the Village
_
of Plymouth, to be held subject to the conditions,
forfeitures and penalties provided by the laws of the
State of Minnesota and of this Ordinance. Such assign-
ment shad also contain a stipulation and agreement
_
that such bonds shall remain with the Village Treasurer
of the Village of Plymouth, subject to the terms and
conditions of such assignment and such state law during
the term of the license in connection with which such
government bonds are deposited, and for three years
therea-ter, at which time such government bonds may
be with the approval oi' the Village Council returned by
the Village Treasurer to the licensee. In the case of
deposits of government bonds, the licensee shall be
permitted to clip and take all interest bearing coupons
thereto attached at such times as the bond and coupons
indicate they are payable.
3.04 In the event the applicant desires to file a deposit
of cash in the amount hereinabove specified, in lieu
of the bond, for either such "on sale" or "off sale"
license, the deposit of such cash shall be accompanied
x -3-
by a written agreement and assignment upon the part
of such licensee, in fors approved by the village
attorney, wherein and rt:ia_oby the licensee assigns
such deposit to the Village of Plymouth, to be held
by qhs Village Treasures subject to the conditions,
forfeitures and penalties required by the laws of
the State of Minnesota and of this Ordinance, for the
period of the license in connection with which such
deposit is made, and for three years thereafter, at
which tima such deposit may be returned, with approval
of the Village Council, by the Village Treasurer to
such licensee. provided, however, upon application for
return, as in these sections provided for, of such
bonds or cash, that the l cansee shall file with the
V--"- l�be Clerk, an a�r_cayst stating that no action or
proceedings has been commenced in any court for the
forfeiture of such bonus or deposit, or for damages
to any person or persons under the terms and conditions
thereof, and that the licensee has no knowledge of any
existing claim or cause of action under the terms and
conditions of the assignment of such government bonds
or cash.
Section 4. Fees.
4.01 The annual=icense fee for an "on sale" license shall
be Four Thousand and ::0/103 (:4,000,00) Dollars, pay-
able in two equal installments in advance on the first
day of Eeb= ary of each year and again on the first day
of f.)i =! _-F oaa Q ar When any license is issued
for an unexpired portion of a 'license year, the fee
Shall belr0 rated ane rG.^.^32it from the S%ilic.gQ
Treasurer o $he portion of the license wee �e_s.
hall
accompany theapplication p avie`d-�tle_`mirimum_thereo
f
shall be Four Hundred and Wo/100
Failure to pay the second installment of ,the ..license
gee
promptly when due shall :.e cause mor re-vocatioa
of any "on sale" ?icanse, vit'hc-it notice,
4.02 The annual license fee for an "off sale" license shall
be Two Hundred and No/100 ($200.00) Dollars.
4.03 The annual fee for an "on sale" license issued to a
club as authorized by the Statutes of the State of
Minnesota, shall be One Hundred and No/100 ($100.00)
Dollars.
4.04 All licenses shall expire on the 1st day of February
of each year.
Section S. Granting of Licenses,
5,01 The Village Council shall .^hese an investigation to be
made of all the represent atioas set forth in the applica-
tion. Opportunity shall be given at a regular or special
meeting of the Council to any person to be heard for
or against the granting of any license. After such in-
vestigation and approval of the required 'bond, the Village
Council shall grant or refuse such license in its dis-
cretion; provided that no "off sale" license shall become
effective until it, together with the bond, has the
approval of the State Liquor Control Commissioner.Comissiorer, All
licensed premises shall have the license posted in a
conspicuous place therein at all times. No license shall
be transferable either as to licensee or promises with-
out the approval of the Council and also of the State
Liquor Control Commissioner in the case of "off sale"
licenses.
_4_
5.02, Ido license for Ealy of intoxicating liquor "on sale"
or "oaf rale" shall be h3realter granted by the
V--',Hage-ouneil, u ..LL s such license shall. be a
renewal of a license previously granted at the sane
location to 'the cane licensee, until a public
hearing shall have been conducted by the Villaje
council after two weeks' published notice in the
official newspaper, and three copies of said notice
have been posted in public places in the vicinity of
the premises to be licensed at least ten days before
said hearing.
2ectioa S. Conditions of License.
3.01 111 licenses granted hereunuer shall be granted subject
to the following conditions, and all other conditions
of this Ordinance, and subject to all other Ordinances
of the Village applicable thereto and to all regu-
lations prom tiiaa•tec by the State Liquor Control
Commissioner ap_:iicah?3 thereto.
(a) "Every liceaoec shall be responsible for the con-
duct of hic place of business and the conditions
of sobriety and order tlierein,
(b) No "on sale" dealer shall sell liquor by the
bottle or container for rnnin:al from the premises.
Ito dealer licensed for "off sale" only shall
permit the concutzpt on of aray liquor on such
licensed premises.
(c) No liquor shall be sold to any minor, Ido license
shall be granted to a minor, and no minor shall
be employed in any room constituting the place
in which intoxicating liquors are sold retail at
"on sale". It shall be unlawful for a ruinor to
have in his possession any iatoxicating liquor
with intent to consume the same, and possession
thereof shall be prima facie evidence of intent
to unlawfully cQ sume the same,
(d) --- -- - ---- --- - - -
�rwst-is rr0 licensee shall seep, possess
ops s , or permit the ?seeping, possession nr
operation of, on the premises, or in any room
adjoining the licensed premises controlled by him,
any slot machine, dice or other gambling device
or apparatus, nor permit any gambling therein,
nor permit the licensed premises or an► room i.
the same or in any adjoining building c:irectly
or indirectly under his control, to be used as a
resort for prostitutes, or other disorderly persons.
(e) No license shall be issued to any person not a
cit'_=en of the United Ctates, nor to any person
not of good no=r' character and repute, nor to
any person who shall have been convicted of any
wilful violation of any lass of the United Otatec,
or the estate of Winnesota, or of any local Ordi-
nance with regard to the manufacture, Salo, distri-
bution or possession for sale or distribution of
intoxicating liquor, not to any person whose license
under this Ordinance shall be revoked for any wil-
ful violation of suet 'asps or ordinances.
(f) No l io 3nse Ghali be grated to any manufacturer or
distiller of lntozieating liquor, nor to anyone:
intested intL
-.e cwnerehip or operation of any
such lylac-i. na a son operating a licensed
S_
placo owursd by a manufacturer, distiller, or
exclusive wholesale distributing agent unless
such interest was acquired at least si:a months
pxioa to jaau<'.ry 1. 192,-: end nn equipment or
fixtures in any licensed place shall be owned in
whole or part by any such manufacturer or dis-
tiller.
(g) Iiot more than one license of either class shall be
granted to one person or to one management e:.cept
"on sale" and "off sale" licenses issued in
combination. "On sale" licenses may be issued for
sale of intm:icating liauors in hotels clubs,
re ura
nts
sexclus ve y. "� sale icenses s"
be s ued only to proprietors of drug stores and
e:.clusive liquor store".
(h) ITo license shal' be granted for operation on any
premises upon which ta::es or assessments or other
financial claims of the Village are delinquent
and unpaid.
(1) 1.11 premises where any license hereunder is granted
shall be open to inspection by any police or
health officer or other properly designated
officer or employee of the Village at any time
during which the place so licensed shall be open
to the public for business.
(j) No license shall be granted within the same block
of any school nor within 500 feet of any school
or church.
('.c) Every room, place or premises wherein such liquor
is permitted to be or is sold, including any cafe,
restaurant or dining room operated in connection
therewith, or as part thereof, pursuant to an
"on sale" license, shall be closed and Uopt closed
to the public on every day between the hours of
one o'clock A. M. and six o'clock A. H. During
the said hours no person, or persons shall be
allowed to be or remain Leon, or within such
room, place or premises for any purpose whatsoever,
except that the owner or licensee, his agents, or
servants, or employees may be and remain therein
and thereon for the purpose only of cleaning, pre-
paration of seals, necessary repairs, or other work
in connection therewith or as watchman.
(1) No intoxicating liquor shall be drunk or consumed
on the licensed premises_between the hours of
one o'clock A. L', and sixlo*clock A. M. on any
day or on Sunday at any time, or before three
o0clock P. M. on Memorial Day or before a o'clock
P. M. on any Election Day in the Village. and dur-
ing said hours and at said times no into.ricating
liquor in any quantity whatsoever shall be served,
kept, displayed, or permitted to be on ar in any
table, booth, bar or other place in such licensed
premises, except the stock of liquors stored there-
in during such times ou t."- premises in such por-
tions therenfi %F are anc38rible only to the licensee
and his employees.
6
(L;) As a condition 'to the grant of an "on sale" license
where sale of -°ood and such other articles is per-
mitted by the Village Council, the Council may by
resolution restrict the sale and consumption of
liquor at any place so licensed to tables where
food is served to patrons purchasing and consuming
said liquor, and may prohibit or limit the sale
and consumption of liquor at a bar, and may pro-
hibit the maintenance of a bar on the premises
where liquor is displayed or dispensed.
(n) It shall be a condition of every license hereto-
fore or hereafter issued hereunder to a corporation
that the Village Clerk be furnished by the licensee
with a correct list of all stockholders o_r the
corporation to whom the license is issued and the
number of shares held by each, either individually
or beneficially for others; and it shall be the
continuing duty of each corporate licensee to
promptly notify the Village Clerk of any change
in ownership or beneficial interest of such shares.
Any change of ownership or beneficial interest of
shares of stock entitled to be voted at any meeting
of the stockholders of such corporation which re-
sults in change in voting control of the corpora-
tion by tha persons owning shares of stock therein
shall be deemed equivalent to a transfer of the
license issued to such corporation, and any such
license shall be revoked and terminated thirty days
after any such change in ownership or beneficial
interest of shares unless the Village Council shall
have been notified of such change in writing and
shall have approved thereof. The Village Council
or any officer of the Village designated by it may
at any reasonable time examine the stock transfer
records and minute books of any corporate licensee
in order to verify the names of stockholders and
persons voting at meetings of such corporation,
and the Village Council may cancel and terminate
any license issued hereunder to a corporation
upon determination by the Village Council that any
change of ownership of stock in such corporate
licensee has actually resulted in change of control
of such corporation so as to materially affect the
Integrity and character of its management and its
operation of an "on sale" or "off sale" liquor
business, provided that no such action shall be
taken until after a hearing by the Council on thirty
days notice to the licensee.
Section 7. Hours of Operation.
7.01 No sale of intoxicating liquor shall be made after one
o'clock: A. X. on Sunday nor between the hours of
one o'clock A. M. and three o'clock P. L. on any
kiemorial Day, nor between the hours of one o'clock; A M.
and eight o'clock P. iJ. on any Election day in the
Village. No "on. -sale" ahall be made before eight
o'clock A, M. Or After one o'alork A. M. of any week day.
No "off -sale" shah cre ,;lade before eight o'clock. A. M.
or after eight oar;.. c;[ E. of any day except saturday,
on which day "of -sa les'' mny be :wade unt .1 ten o' c ]cock P.M
No "off -sale" shall -zv- Wade un wets Sears Day, January 1;
Memorial Dav, May 33_ incependance Day, July e; Thanks-
giving Day or Chrxs"s Day, December 25; provided,
however that on the zveuing preceding such days, if the
sale is not otherwise prohibited, "off -sales" may be
made until ten o'cl(j�o'. P. id. except that no "off -sale"
may be made, on Z-:-th after eight o'clock P. W.
section G.
13.01
;i
Restrictions on.Consuap!iio_n_
1n an7 plaoe licensed for "on sale" the liquor sold
shall be served ant? consumed at tables, counters or
bare equipped with chairs at which customers must sit
to be served.
C.02 No liquor shall be sold or consumed on a public highway
or in as automobile,
Section 9. Revocation.
9.01 Any license granted hereunder may be temporarily ro-
vo ed by the Council without notice to the gree ee,,
and a hearing shall then be held by the Council and the
revocation may thea be made final, for cause, Any
violation of any provision or condition of this Ordin-
ance or the state licensing law or Any falsification of
any statement in the application shall be grounds for
revocation. Aar ss=ch licaDae shall be revoked`auto-
matleally upon ts� conviction of the licensee of a
felony, Ila portion of the license fes paid into the
Village Treasury snail be returned upon revocation.