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Home My WebLink About1997-16 12-15 CCO i I CITY OF BROOKLYN CENTER Notice is hereby given that a public heaxing will be held on the 15th day of December, 1997, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapters 11, 12, 13, and 23 of the City Ordinances; replacing the term "nonintoxicating" with "3.2 percent malt." Auxiliary aids for persons with disabilities are available upon request at least 96 hours in ad`�ance. Please contact the City Clerk at 569-3300 to make arrangements. ORDINANCE NO. 97-16 AN ORDINANCE AMENDING CHAPTERS 11, 12, 13, AND 23 OF THE CITY ORDINANCES; REPLACING THE TERM "NONINTOXICATING" VVITH "3.2 PERCENT MALT" I THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: I Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: '`T^'`TT'`T-r'^"T`~"-r'T'`Tr 3.2 PERCENT MALT LIQUORS Section 11-101. DEFINITION OF TERMS. Subdivision 2. "Beer" or "�sn�e�� 3.2 nercent malt liquor" means any m wi li alt beverage th an alcoho c content of more than one half of one per cent by volume and not more than three and two-tenths percent by weight. Section 11-104. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any on-sale or off-sale 3.2 nercent malt liquor license, the applicant sha11 file with the chief of police proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liabiiity insurance policy. The policy shali be effective for the entire license year. I Section 11-106. GRANTING OF LICENSE. Subdivision 4. Licensed premises who are granted both on-sale wine and on-sale 3.2 nercent malt liquor licenses by the city council are authorized to sell beer with an alcohol content in excess of 3.2 percent. ORDINANCE NO. 97-16 Section 11-107. PERSONS INELIGIBLE FOR LICENSE. 2. Who has, within the past five years, been convicted of a felony, or any law of this state or local ordinance relating to the manufacture, transportation or sale of �s�t�e�ea#�g 3.2 nercent malt or of intoxicating liquors. Section 11-112. RESTRICTIONS ON PURCHASE AND CONSUMPTION. It is unlawful for any: Subdivision 1. Licensee or his employee to permit any person under the age of 21 years to consume 3g 3.2 nercent malt liquor on the licensed premises. Subdivision 2. Person to procure 3.2 nercent malt liquor for any person under the age of 21 years. Subdivision 3. Person to induce a person under the age of 21 years to purchase or procure �e��g 3.2 nercent malt liquor. Subdivision 4. Person under the age of 21 years to misrepresent his age for the purpose of obtaining �s�� 3.2 nercent malt liquor. Subdivision 5. Person under the age of 21 years to consume any �a�� 3.2 nercent malt liquor. Subdivision 6. Person under the age of 21 years to possess any 3.2 nercent malt liquor with intent to consume it at a place other than the household of his parent or guardian. Subdivision 8. Person under the age of 21 years to consume any intoxicating liquor or �e��g 3.2 nercent malt liquor unless in the household of his or her parent or guardian and with the consent of his or her parent or guardian. Section 2. Chapter 12 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 12-911. CONDUCT ON LICENSED PREMISES. 1. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly at which any of the following activities occur: d. The unlawful sale of intoxicating or �e�r'r�� 3.2 nercent malt liquor. ORDINANCE NO. �7�6 Section 3. Chapter 13 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 13-103. ALCOHOLIC BEVERAGES PROHIBITED. No person shall bring into any park nor possess, display, consume or use intoxicating liquors nor ��1s�iea�i�g 3.2 nercent malt liquors in any park unless a permit has been issued by the director of recreation. Such permits shall be limited to duly organized local organizations operating under a constitution and bylaws and which shall have been in existence for at least one year. Section 4. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 23-301. LICENSE REQUIRED. No person shall conduct or permit public dancing in any public establishment within which intoxicating liquor or ��n•ig 3.2 nercent malt liquor is licensed to be sold or consumed unless a public dance license shall have been issued by the City Council. Licenses shall be issued for one (1) year periods expiring December 31. The annual fee for a public dance license shall be as set forth by City Council resolution. Section 23-2109. LOCATION OF AMUSEMENT DEVICES. B. Licensed amusement devices shall be allowed to be located as secondary or incidental uses in the following commercial establishments: 1. establishments holding an on-sale 3.2 nercent malt liquor license, an on-sale intoxicating liquor license, an on-sale wine license or an on-sale club license. Section 5. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this lSth day of nPCP_fiUPr 1997. i Mayor ATTEST: �r`'�a1 City Clerk Date of Publication Dec�mb� 1997, and December 24, 1997 Effective Date .7a.n�,�� '��c�98 (Strikeout indicates matter to be deleted, underline indicates new matter.)