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