HomeMy WebLinkAboutCity Council Ordinance 1955-01Chapter 97
Ordinance No. 1
AN ORUDUNCE iiUArING TO THE SALE OF NON -INTOXICATING
[ALT LIQUORS, PROVIDING FOR LIC -,NSE'' TF TDR ANG
PENALTY FOh TFX VIOLATION T1JF .
THE VILLAGE COUNCIL OF THS VIII OF PLYIi2H Do ORDAIN AS FOLLOWS%
SECTION 1. Definition of Terms.
Subdivision 1. As used in this orc:inance, the term "person" includes
a z,atural person of either sex, co -partnership, corporation and association of
persons and the agent or manager of any of the aforesaid. The singular number
includes the plural, and the masculine pronoun includes -.he feminine and neuter.
Qubdivision 2. "Beer" or "non -intoxicating malt liquor" means any
=alt beverage with an alcoholic content of more than one-half of one per cent
by volume and not more than three and two-tenths per cent by weight.
Subdivision 3. "Intoxicating liauor■ means a W distilled, fermented
or vinous beverage containing more than three and tiro -tenths per cent ^f oleo-
bal by weight.
Subdivision 4. "Original package" means the bottle or sealed container
in which the liquor is placed by the manufacturer. ,
Subdivision. 5. "Sona fide club" means a club organised for social or
business purposes or for intellectual improvement or for the p --)motion of sports,
where the serving of beer is incidental to and not the major psrpose of the club.
Subdivision 6. "Restaurant" means a place of which the x4jor business
is preparing and serving lunches or meals to the public to be consumed on the
promises.
Subdivision 7. "Beer Store's means an establ3shapnt for the sale of
beer, cigars, cigarettes, all forms of tobacco, beverages and soft driW= at
retail.
.02 License Required.
Subdivision 1. No person, except wholesalers and manufacturers to the
extent authorized by ?aw, shall deal in or dispose of by gift, sale or otherwise,
or keep or oYfar for sale, arW beer within this Village without first having
reee_',4,7.uQ a license as hereinafter provided. Licenses sell be of too kinds
"On Sale" and "Off Sale."
Subdivision 2. ■On Sale" licezaes shall be granted only to bona fide
clubs, beer sUires, drug stores, restaurants and hotels where food is prepared
and served for consumption on the premises. "On Sale" licenses shall permit
the sale of beer foconsumption on the premises only.
bubdivitsion 3. "Off Sale" license shall permit the sale of beer in
tt* ori?inal package for consumption off the premises only.
.03 implication for "Acense.
Every application for a license to sell beer shall be made on a fora
supplied by tate Village, and shall state the name of thou applicant, his age,
representations as to his character with such references as may be required,
his citizenship, whether the application is for "on sale" or "off soll.e", the
business in connection with which the proposed license will operate and its
locations, whether applicant is owner and operator of the business, how long
he has been in that business At that place, and such other information as the
council may require from time to time. Any person who shall make any false
statements in the application for license and any applicant or licenses who
shall not comply with all the requirements thereof, shall be held to have
violated the provisions of this ordinance. Applications shall be filed with
the village clerk.
.cit. License Fees.
Subdivision 1. Each application for a license shall be accompanied
by a receipt from the village treasurer for payment in full of the required
fee for the license. Ali fees shall be paid into the general floral of the
=Attic jali.ty. Upon rejection of any application for a license, the treasurer
shall refund the amount paid.
Subdivision 2. All licenses shall expire on the last da of =� ane in
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sac), year. Each license shall be issued for a period of one year, except that
If a portion of the license year has elapsed when the application is made, a
license may be issued for the remainder of the year for a pro rata fee. In
computing such fee, any unexpired fraction of a month shall be counted as one
month.
Subdivision 3. The annual fee for an "On Sale" license shall be
.00. The annual fee for an "Off Sale" license shall be $15.00.
Subdivision 4. No part of the fee paid for any license issued under
this ordinance shall be refunded excert in the following instances upon applica-
tion to the council within 2C days froia the happening of the event. There shall
be refunded a pro rats portion of the fee for the unexpired period of the
license, computed on a monthly basis, when operation of the licensed business
c,3ases not less than one month before expiratiol of the license because of:
(1) destruction or damage of the licensed premises by fire
or other catastrophe.
(2) the licensee's illness.
(3) the licensee's death.
(4) a change in the lP, _ - One munizipal.Lty making
it unlawflal for the licensed business to ;o;-,tinue.
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.45 2EAn of la.cense.
Subdlvisieen 1. The village council. shall investigate all facts
est out in the application. Opportunity shall be given to any person to be
heard for or against the granting of the license. After such investigation
and hearing the village eoiincil shall grant or refuse the application in its
discretion
Subilvision 2. Each license shall be issued to the applicant only
and shall not be transferable to; another holder. Bach license shall be
issued` only for the premises described in the application. iso license may be
transferred to another place without the approval of the village council.
*06 Persons Ineligible for License.
No license shall be granted to any person:
(1) Under twenty-one years of age.
(2) finless he be the actual owner or proprietor of the place of
business where he intends to sell such malt liquors.
(3) No license shall be granted to any applicant who alreridy owns
a license of the kind applied for,
(a) Who has been convicted of a felony or of 7iolating the
National Prohibition het or any law of this State or local airdinanre relat-
ing to the meranfacturs, sale„ or transportation of intoxicating liquors*
(5) Who is a,manufacturer of beer or who is interested in the
control of any place where beer is manufactured,
(6) Who is an alien.
(7) Who is not of rood moral character.
(8) Who is or during the period of his license becomes the holder
of a federal retail liquor dealer's special tax stamp for the sale of in-
toxicating liquor at a:W place unluss there has also been issued to hiss a
local license to sell intoxicating liquor at such p7.p.-,e.
.47 Places Ineligible for License.
Subdivision It No license shall be granted for sale on arV premises
vhere a licensee has been convic`ed of thn violation of this ordinance or
who" any license hereunder has been revoked for cause until one year hay
elapsed after such conviction or revocation,
Subdivision 2. No "on sale" license uhall be granted for a busi-
resa or club Which has not been in operation and eiie ible to receive a license
ibr at least six wnths immediately proceding the application for a Manse.
.06 Gon4itions of Lim.
Subaivision 1. Every license shall be g ated ou eat to the con-
ditlorA in the- followtir subdivisions and all other Provisions of this ordi-
==* and of any of sr applicable ordinance o- the vilLaim, or state law,
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Subdivision ;�. 'rt shall be a condition of every license that the
licensee furnish the vill age recorder a list of all persons, firms or corpora --
tions having an interest in the licensed business and the extent of such
interest. If the licensee is a corporation, such list shall show all stock-
holders, their residence address and the number of shares held by each, either
individually or beneficially for others. It shall be the duty of each icensee
to notify the recorder of any change of legal ownership or beneficial interest
in such business or such !hares. Any change of ownership or beneficial inter-
est in shares of stack entitled to be voted at any meeting of the stockholders
of a corporate licensee which results in change in voting control of the cor-
poration by persons owner shares of stack therein shall be deemed equivalent
to a transfer of the license issued to such corporation, and any such license
shall be revoked 30 days after arq such change in ownership or beneficial in-
terest 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 record and minute boob of any corporate licensee in order to
verify the names and residences of stockholders and persons voting at meetings
of such corporation, and the ccuncil or such officers may examine business records
of axbr other licensee to the extent necessary to disclose the interest which
others than the licensee have in the licensed business. the village council
may cancel any license issued hereunder upon its determination that any c1tange
of ownership of stock in a corporate licensee or any change of ownership of any
interest in the business of any other licensee has actually resulted in change
of control of the Licensed business so as materially to affect the integrity and
character of its management and its operation of the business involved herein;
but no such action shall be taken until after a hearing by the eoun-Al on 30
days; notice to the licensee,
Subdivision 3. All licensed premises shall have the lice -7-:e posted
in a conspicuous place at all times.
Subdivision 4. All places where non -intoxicating malt beverage are
sold for consumption on the premises, shall be provided with the following:
(a) Proper sinks, other suitable equipment and hot and cold running
water, One sink and hot and cold running water shall be con-
veniently located near the beer spigot.
(b) If the floor area in Uuat part of the premises open to the public
is less than 300 square .feet, or has a seating capacity of less
than 16 persons, the premises shall be equipped with one toilet
room conveniently located which shall include a water closet, a
lavatory, a floor drain, and shall have hot and cold running
water, individual towels and soap.
(c) If the floor area in that part of the premises open to the public
exceeds 300 square feet, or ha8 a seating capacity of more than
16 persons, there shall be one toilet for nen and another for
women both conveniently accessible and each equipped with a
water closet, a lavatory, floor drain, and the mens" toilet
shall be equipped with a urinal. Both the mens and the women
$}►all have hot and cold running water, individual towels and
soap.
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(d) Floors and side walls to a eight of three feet, excepting
doors, shall be construct, of noncorrosive, non-absorbent
material approved by the building inspector.
(e) Toilets shall not be in cellars or basements without special
pe-I^nission of the health officer.
(f) Stairways to basement must be 30 inches wide or more, and well
lighted with handrails of any suitable material.
(g) Patrons are not, to pass back of counter, through kitchens,
pantries, or other rooms where food is prepared.
(h) Masses,nugs, and other containers used in the serving of beer
shall be sterilized after each individual use with boiling
water, steam, or approved chemical solutions.
Subdivision 5a No beer shall be sold or served to any intoxicated
person or
to any
person under 21 years of age.
$. No minor shall be permitted on the licensed premises unless
accompanied by As parent or legal guardian,
7. No minor shall be employed on the premises of a beer store or be
permitted to sell or serve beer in any "on sale" establishment.
8* No gambling or any gambling devise shall be permitted on any
licensed premises.
9. Iso manufacturer or wholesaler of beer shall have any ownership of
or ir'.erest in an establishment licensed to sell beer at retain contrary to the
provisions of Minn. Stats. 1953, Sec. 340.02. No retail licensee, or manu-
facturer or wholesaler of beer shall be parties to any exclusive purchase con-
tract. No licensee nhall receive arW benefits contrary to law from a manufactur-
er or wholesaler of ueer and no such manufacturer or wholesaler shall confer any
benefits contrary to law upon a licensee.
10. No licensee shall sell beer while holing or exhibiting in the
licensed premises a federal retail liquor dealer's special tax stamp unless he
is licensed under the laws of Minnesota to sell intoxicating liquors.
11. No licensee who is not also licensed to sell intoxicatinj Uquor
shall sell or permdt the consumption or display of intoxicating liquors on the
licensed premises or serve any liquids for the purpose of mixing with intoxi-
cating liquor. The presence of intoxicating, liquors on the premises of such a
licensee shrill be prima facie evidence of possession of intoxicating liquors
for the purpose of sale; and the serving of any liquid for the purpose of mixing
with intoxicating liquors shall be prima facie evidence that intoxicating liquor
is being permitWd to be consumed or displayed contrary to this ordinance.
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12. Any peace officer shall have the unqualified right to enter,
inspect and search the premises of a licensee during business hours without
a :search and seizure warrant and may seize all intoxicating Liquors found on
the licensed premises.
13. Every licensee shall be responsible for the conduct of his
place of business and shall maintain conditions of sobriety and order.
.09 Closing Hours
No "on sales" of beer shall be made between the hours of 1:00 A. M.
and 7:00 A. M. on weekdays or between the hours of 1:00 A. M. and 12:00 noon
on Sundays.
.10 partitions, Loxes or Screens.
1. All windows in the front of any place licensed for "on sale"
shall be of clear glass, and the view of the -Whole interior shall be unob-
structed by screens, curtains or partitions. There shall be no partition,
boxj, stall, screen, curtain or other device which obstructs the view of any
part of the room from the general observation of persons in the zoom; fait
partitions, subdivisions, or panels not higher than forty-eight inches from
the floor shall not be considered obstructions.
2. An "on sale" license shall, entitle the holder to serve beer in
a separate mom of the licensed premises for banquets or dinners at which there
are present not less than ten persons.
.11 Clubs: No club shall sell beer except to members and to guests in
the companiy oo f -members .
.12 Restrictions on Purchase, and Consumption.
1. No minor shall misrepresent his age for Vie purpose of obtaining
beer.
2. No person shall induce a minor to purchase or procure beer.
3. No person other than the parent or legal guardian shall procure
,beer for any minor.
4. No beer shall be consumed in wiy theatre, recreation hall or
center, WLnce hall, ball park or other place of public gathering for the pur-
pose of entertainment, amusement or playing of games, except as provided for
in Section 2, subdivision 2 hereof.
5. No person shall consume or display any intoxicating liquor on
the premises of a licensee who is not; also licensed to sell intoxicating
liquors.
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1,� �tevocativr�z
The violation of any provision or condition of this ordinance by a
beer licenses or his agent shall be ground for revocation or suspension of
U* license. 'The license of any person who holds a federal retail liquor
dealer's special tax stamp witahout a license to sell intoxicating liquors at
,such place shall be revoked without notice and without hearing. In all other
cases, a license gr ted under this ordinance may be revoked or suspended by
the council after written notice to the grantee and a public hearing. The
notice shall give at least eight days notice of the time and place of the
hearing and sha.�.l state the natureofthe charges against the licensee. The
council may suspend any license pending a hearing.
.14 Penal10
Any person violating any prof Psion of this ordinance shall be 7uilty
of a misdemeanor, and upon convictioli thereof shall be punished by a fine of
not more than one hundred (100.00) dollars or imprisonment for not more than
ninety (90) days, plus the costs of prosecution in either case.
.15 Effective Date.
This ordinance sudll be in full forhe and effect from and after its
passage and publication according to law.
Passed by the village council this day of jibeAwt, 1gyj.
Frest of Council
Attests►t�
r er
Publisned in the Suburban press this daZ of June, 1955 .
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