Loading...
HomeMy WebLinkAboutCity Council Ordinance 1960-12Ordinance No. 60-12 VILLAGE OF PLYMOUTH An Ordinance Relating to the Sale of Non -Intoxicating Malt Liquors and Providing Licenses Therefor; Relating to the Con- sumption of Intoxicating Liq- uors in Public Places and Pro- viding Licenses Therefor; In- corporating Minn. Stal. Chapt. 340; Providing Penalties for Violation; and Repealing Chapt. 87. Ordinance No. 1 of the VU- lage of Plymouth. The Village Council of the Vil- lage of Plymouth do ordain as follows: Section 1. Definitions. Subd. 1. "Person" when used herein shall mean a natural per- son of either sex, co -partner- ship, corporation or any other association of persons. The sin- gular shall include the plural and the masculine pronoun shall include the feminine and neuter. Subd. 2. "Beer" or "non -in- toxicating malt liquor" when used herein shall mean any malt beverage with an alcoholic content of more than % of l % by volume and not more than 3.2% by weight. Subd 3. "Intoxicating Liq- uor" when used herein shall mean any distilled, fermented or vinous beverage containing more than 3.2 % of alcohol by weight. Subd 4. "Original Package" means the sealed bottle or other container in which beer or liq- uor is placed by the manufac- turer. Subd. 11. "Public Place" when used herein shall mean any place, other than a private home where two or more per- sons or groups of persons or the public congregate or frequent, and shall include but not be limited to clubs, taverns, beer stores, drug stores, restaurants and hotels. Section 2.01. Beer and Non - Intoxicating Malt Liquors; License Required. Subd 1. No person except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale, or otherwise, or keep or offer for sale, any beer within this Village without first having received a license as hereinafter provided. Licenses shall be of two kinds: "On -Sale" and "Off - Sale." Subd. 2. "On -Sale" licenses shall be granted only in the manner provided herein and shall permit the sale of beer for consumption on the premises only. Subd. 3. "Off -Sale" licenses shall be gi-anted only in the manner provided herein and shall permit the sale of beer in the original package for con- sumption off the premises only. Section LOO Application for License. Application for license herein may be made by any per. son by submitting to the Village a written statement under oath, setting forth the name of the ap- plicant, his address, owners of the applicant if other than a natural person, the business in connection with which the proposed license will operate, its location, whether or not the owner or owners were ever convicted of a crime and whether or not the applicant has ever applied for or held, in other communities, a license to sell or permit consumption on his prem- ises of beer or intoxicating liquor, and other information as the council may require from time to time. Section 2.03. License Fees. Subd. 1. Each application for a license shall be accompanied by a receipt from the Village Clerk for payment in full of the required fee for the license. All fees shall be paid into the gen- eral fund of the municipality. Upon rejection of any applica- tion for a license, the Clerk shall refund the amount paid. Subd. L All licenses shall ex• pire on the last day of June in each year. Each license shall be issued for a period of one (1) 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. Subd 3. The annual fee for an "on -sale" license shall be $100.00. The annual fee for an "off -sale" license shall be $15.00. Subd 4. No part of the fee paid for any license issued un - 1, -"K a tis 'j `` t der"chis Ordinance shall be re- funded except in the *ollowin` instances upon application to the council within twenty (20) days from the happening of the event. There shall be refunded a pro -rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expira- tion of the license because of: (a) Destruction or damage of the licensed premises by fire or other catastrophy. (b) The licensee's illness. (c) The licensee's death. (d) A change in the legal status of the municipality mak- ing it unlawful for the licensed business to continue. Section 2.04. Granting of Li. cense. Non -Transferable. Subd. 1. The Village shall in- vestigate all facts set out in the application including a consid- eration of the building with re- gard to zoning and building or- dinances and the proximity of schools and churches and shall give opportunity to any person to be heard for or against the granting of the license. After such investigation and hearing' the Village Council shall grant or refuse the application in its discretion. Subd. 2. Each license shall be issued to the applicant only and shall not be transferable to an- other holder. Each license shall be issued only to the premises described in the application. No license may be transferred to another place without the ap- proval of the Village Council. Section 2.05. Conditions of Li- cense. Every license shall be granted subject to the conditions set out herein in Sections 2.06 and 2.07 and shall further be condi- tioned with all other provisions of this Ordinance and of any other applicable ordinance of the Vil- lage or State law. Section 2.06. Licensee; Owner- ship. It shall be a condition of every license that the licensee furnish the Village Clerk a list of all persons, firms or corpora- tions having an interest in the licensed business and the extent of such interest. If the lic ,nsee is a corporation, such list sl all show all stockholders, their resident ad- dress and the number of shares held by each, either individually or beneficially for others. It shall be Ute duty of each licensee to notify the Clerk of any flange of