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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.