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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 _ Y . 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. 2 .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, -3- 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. - 4 - (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. — 5 — 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. -b- Y iF 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 . r.,