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HomeMy WebLinkAbout1986-11 09-22 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of September, 1986 at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City's Liquor Ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangments. ORDINANCE NO. 86 -11 AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 11 of the City Ordinances is hereby amended by the repeal of the following: [CHAPTER 11 LIQUOR ORDINANCES] [NONINTOXICATING LIQUORS] I [Section 11 -101. DEFINITION OF TERMS. Subdivision 1. As used in this ordinance, the term "person" includes a natural person of either sex, a partnership, a corporation or association of p' persons, and the agent or manager or employee of any of the aforesaid. The singular number includes the plural, and the masculine pronoun includes the feminine and neuter. Subdivision 2. "Beer" or "nonintoxicating malt liquor" means any malt beverage with an alcoholic content of more than one -half of one per cent by volume and not more than three and two- tenths percent by weight. Subdivision 3. "Intoxicating liquor" means any distilled, fermented or vinous beverage containing more than three and two- tenths per cent of alcohol by weight. Subdivision 4. "Original package" means the bottle or sealed container in which the liquor is placed by the manufacturer. Subdivision 5. "Bona fide club" means a club organized for social or business purposes or for intellectual improvement, or for the promotion of sports, where the serving of beer is incidental to and not the major purpose of the club. Subdivision 6. "Restaurant" means a place of which the major business is preparing and serving lunches or meals to the public to be consumed on the premises. [Section 11 -102. LICENSE REQUIRED. Subdivision 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 the City without first having received a ORDINANCE NO. 86 -11 i license as hereinafter provided. This section shall not prohibit the giving or serving thereof to guests in a private home, or in a private gathering. Licenses shall be of three kinds: (1) Retail "on- sale (2) Retail "off- sale (3) Retail "temporary on- sale Subdivision 2. "On- sale" licenses may be granted only to bona fide clubs, bowling establishments, restaurants and hotels where food is prepared and served for consumption on the premises. "On- sale" licenses shall permit the sale of beer for consumption on the premises only. Subdivision 3. "Off -sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. Subdivision 4. "Temporary on -sale" licenses may be granted to clubs, charitable, religious, or nonprofit organizations only. "Temporary on- sale" licenses shall be subject to any special terms and conditions as the City Council may prescribe.] [Section 11 -103• APPLICATIONS FOR LICENSE. Subdivision 1. Every application for a license to sell beer shall be made on a form supplied by the City. It shall be unlawful to make any false statement in an application. Applications shall be filed with the Chief of Police. AA AA Subdivision 2. Every application shall be referred to the Chief of Police for a review as to whether the applicant meets the requirements of the ordinance as to moral character and past offenses, if any. An investigation fee of $100 shall accompany each application provided, however, that such portion of the actual costs of investigation which exceed $100 but not to exceed $500, shall be paid by the applicant. The Chief of Police shall estimate the actual costs of investigation after preliminary review, notify the applicant of the actual cost estimate, and take no further action on the application until the actual cost estimate is paid. Any portion of the actual cost estimate which exceeded $100 but which remains unused after completion of the investigation shall be returned to the applicant. Subdivision 3. Every "on -sale" application shall be referred to the Director of Planning and Inspection for a review as to whether the proposed licensed premises meets the requirements of the Zoning Ordinance and Building Code.] [Section 11 -104. LICENSE FEES. Subdivision 1. Each application for a license shall be accompanied by 'a receipt from the Chief of Police for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality'. Upon rejection of any application for a license, the City shall refund the amount paid. Subdivision 2. "On- sale" and "off sale" licenses shall expire on the last day of December in each year. Each such 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, and "off- sale" license and the daily fee for a "temporary on- sale" license shall be as set forth in Section 23-010 of the City Ordinances. ORDINANCE NO. 86 -11 Subdivision 4. No art f p o the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event. The Council may in its judgment refund 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 expiration 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 legal status of the municipality making it unlawful for a licensed business to continue.] [Section 11 -105. GRANTING OF LICENSE. f' Subdivision 1. The City Council shall cause to be investigated all facts set 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 City Council shall grant or refuse the application in its discretion. Subdivision 2. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council.] [Section 11 -106. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to any person: 1. Under 19 years of age. 2. Who has, within the past five years, been convicted of a felony, or of violating the National Prohibition Act or any law of this state or local ordinance relating to the manufacture, transportation or sale of nonintoxicating or of intoxicating liquors. 3. Who is a manufacturer of beer or who is interested in the control of any place where beer is manufactured. e! 4. Who is an alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. 5. Who is not of good moral character. 6. Who is or during the period of this license becomes the holder of a Federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place. 7. Who is not the proprietor of the establishment for which the license is issued.] [Section 11 -107. PLACES INELIGIBLE FOR LICENSE. Subidivision 1. No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this ordinance, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after such conviction or revocation. .0 ORDINANCE NO. 86 -11 Subdivision 2. No "on- sale" license shall be granted for a bona fide club which has not been in operation and eligible to receive a license for at least six months immediately preceding the application for a license.] [Section 11 -108. CONDITIONS OF LICENSE. Subdivison 1. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of other applicable ordinances of the City or State law. Subdivision 2. All licensed premises shall have the license posted in a conspicuous place at all times. Subdivision 3. No beer shall be sold or served to any intoxicated person or to any person under 19 years of age. Subdivision 4. No person under 19 years of age shall be permitted to sell or serve beer in any "on- sale" establishment. Subdivision 5. No gambling or any gambling device shall be permitted on any licensed premises. i Subdivision 6. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of M.S.A. 340.02. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manaufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. of Subdivision 7. No licensee shall sell beer while holding 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. Subdivision 8. No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall 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 permitted to be consumed or displayed contrary to this ordinance. Subdivision 9. 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 in the absence of a license to sell intoxicating liquor, seize all intoxicating liquors found on the licensed premises. Subdivision10. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this ordinance equally with the employee.] i ORDINANCE NO. 86 -11 [Section 11 -109. CLOSING HOURS. Subdivision 1. No sale of beer shall be made on any Sunday between the hours of 1 :00 a.m. and 12:00 noon. No sale shall be made between the hours of 1 :00 a.m. and 8:00 a.m. on any other day. Subdivision 2. It shall be unlawful to consume or permit the consumption of beer in any "on- sale" establishment on any Sunday between the hours of 1 :00 a.m. and 12 :00 noon. It shall be unlawful to consume or permit the consumption of beer in any "on- sale" establishment between the hours of 1:00 a.m. and 8:00 a.m. on any other day.] [Section 11 -110. CLUBS. No club possessing an "on- sale" license shall sell beer to anyone other than members and guests in the company of members.] [Section 11 -111. RESTRICTIONS ON PURCHASE AND CONSUMPTION. It is unlawful for any: Subdivision 1. Licensee or his employee to permit any person under the age of 19 years to consume nonintoxicating malt liquor on the licensed premises. Subdivision 2. Person to procure nonintoxicating malt liquor for any person under the age of 19 years. Subdivision 3. Person to induce a person under the age of 19 years to purchase or procure nonintoxicating malt liquor. Subdivision 1 4. Person under the age of 19 years to misrepresent his age for the purpose of obtaining nonintoxicating malt liquor. Subdivision 5. Person under the age of 19 years to consume any nonintoxicating malt liquor. Subdivision 6. Person under the age of 19 years to possess any nonintoxicating malt liquor, with intent to consume it at a place other than the household of his parent or guardian. Subdivision 7. No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors. Subdivision 8. Person under the age of 19 years to consume any intoxicating liquor or nonintoxicating 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 11 -112. REVOCATION. The violation of provision or condition of this ordinance by a beer licensee or his agent shall be grounds for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. In all other cases a license granted under this ordinance may be revoked or suspended by the Council after written notice to the licensee and a public hearing. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension.] Ali -r ORDINANCE NO. 86 -11 [Section 11 -113. SEPARABILITY. Every section, provision or part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or part of any ordinance shall be held invalid, it shall not affect any other section, provision or part thereof.] [Section 11 -114. SUPREMACY CLAUSE. The supremacy clause found in Section 23 -013 shall not apply to Sections 11 -101 through 11 -116.1 [MUNICIPAL LIQUOR STORE] i [Section 11 -201. LIQUOR STORE ESTABLISHED. A municipal liquor store is hereby established to be operated within this municipality for the sale of liquor potable as a beverage containing more than 3.2% of alcohol by weight in the sealed or closed receptacle or retainer for removal from the premises. No person shall sell, barter, or otherwise dispose of intoxicating liquor, nor shall a sale be made by anyone outside of said municipal liquor store or not employed in and by said municipal liquor store. It shall be unlawful for any person or persons to mix or prepare liquor for consumption in any public place or place of business or to consume liquor in such places. No liquor shall be sold or consumed on a public highway or in an automobile.] [Section 11 -202. LOCATION AND OPERATION. The said municipal liquor store shall be at such place as the Council shall determine by motion and may be either leased or owned by the municipality. It shall be in charge of a person known as the Operator, who shall also be selected by the City Council and who shall be paid such compensation as the Council shall determine. Said operator shall have full charge of the operation of such municipal liquor store, and shall have authority to purchase supplies as are necessary and employ such additional help as he may need at a rate of compensation to be approved by the Council and under rules to be determined by the Council. All employees including operator shall hold their positions at the pleasure of the City Manager. No minor person shall be employed in the municipal liquor store.] [Section 11 -203• FUND CREATED. A municipal liquor store fund is hereby created into which all revenues received from the operation of the municipal liquor store shall be paid, and from which all operating expenses shall be paid, provided that the initial costs of rent, fixtures and stock may be paid for out of the general fund of the municipality, but such amounts shall be reimbursed to the said general fund out of the first moneys coming into the municipal liquor store fund needed for carrying on the said business. Any surplus accumulating in this fund may be transferred to the general fund by resolution of the Council and expended for any municipal purpose.] [Section11 -204. HOURS OF OPERATION. The municipal liquor store shall at all times observe the following restrictions on the hours of operation: No sale of intoxicating liquor shall be made on Sunday. No off -sale shall be made before 8:00 a.m. or after 8:00 p.m. of any day except Friday and Saturday, on which days off sales may be made until 10:00 p.m. No off -sale shall be made on New Year's Day, January 1; Independence Day, July 4; Thanksgiving Day; Christmas Day, December 25; but on the evenings preceding such days, off -sales may be made until 10 :00 p.m., except that no off -sale shall be made on December 24 after 8:00 p.m. All sales shall be made in full view of the public.] [OPERATION OF THE MUNICIPAL LIQUOR STORE] [Section 11 -205. OPERATION OF THE MUNICIPAL LIQUOR STORE. r ORDINANCE NO. 86 -11 Subdivision 1. No business other than the sale of liquors, beer, beverages and related incidental products shall be carried on by the municipal liquor store or by any person employed therein during the time so employed. Subdivision 2. No liquor shall be sold to a person who is in an intoxicated condition. Subdivision 3. No liquor shall be sold to a person under the age of 19 years. Subdivision 4. No person shall enter or remain in the municipal liquor store except for the purpose of purchasing or selling liquor, beer, beverages or related incidental products. Any person entering or remaining therein for any other purpose may be banned by the City Manager. Any person violating such ban may be punished as provided herein.] [Section 11 -206. ENFORCEMENT. It shall be the duty of the police department of the municipality to enforce the provisions of this ordinance and to search premises and seize evidence of law violation and preserve the same as evidence against any person alleged to be violating this ordinance, and to prepare the necessary processes and papers therefor.] [PURCHASE, POSSESSION, AND CONSUMPTION OF BEER AND LIQUOR BY MINORS] [Section 11 -301. LIQUOR ON SCHOOL GROUNDS. Unless possessing a "temporary on- sale" license pursuant to M.S. 340.02 (2), no person shall introduce upon, or have in his possession upon, or in, any school grounds; or any school house or school building, any beer, wine, or intoxicating liquors, except for experiments in laboratories`.] [SET UP LICENSE] [Section 11 -401. PERMIT REQUIRED. It shall be unlawful for any private club or public place, directly or indirectly or upon any pretense or by any device to allow the consumption or display of intoxicating liquor, or the serving of any liquid for the purpose of mixing with intoxicating liquor without first securing a permit from the Commissioner of Public Safety and paying the fee as provided in this ordinance.] [Section 11 -402. ANNUAL LICENSE. Every private club or public place desiring to allow the consumption or display of intoxicating liquor shall on or before July 1 of each year pay to the City Manager a fee of $300 and shall be issued a written receipt therefor. If a portion of the year has elapsed when payment is made, a pro rata fee shall be paid; but no such pro rata fee shall be accepted from any private club or public place which has violated Section 11-401 of this ordinance. In computing such fee, any unexpired fraction of a month shall be counted as one month. The written receipt shall be posted in some conspicuous place upon the premises alongside the permit issued by the Commissioner of Public Safety and shall be kept posted at all times.] [Section 11 -403. ONE DAY LICENSE. Any nonprofit organization desiring to allow the consumption or display of intoxicating liquor or the serving and sale of liquids to mix with intoxicating liquor at a sponsored social activity occurring within Brooklyn Center shall pay a fee of $25 to the City Manager, and obtain a license for a specified period not to exceed 24 hours. The license shall not be valid unless approved.by the Commissioner of Public Safety. No more than 10 such licenses shall be issued during any one calendar year.] PI I ORDINANCE NO. 86 [Section 11 -404. PREMISES OPEN FOR INSPECTION. Any private club or public place allowing the consumption or display of intoxicating liquor shall be open at all reasonable hours for inspection by the Commissioner of Public Safety, his designated agents, and duly authorized ea g peace officers s of the City. Refusal to p e Y permit such inspections shall be a violation of this ordinance. Every licensed premise which requires a passcard, password, passkey or other indicia of membership as a condition of entrance thereto, shall provide the Chief of Police with such indicia of membership to be used only for the purposes set forth in this Section 11- 404.] [Section 11 -405. EXCLUSION. Section 11 -401 does not apply to any premises licensed for the sale of intoxicating liquor.] [Section11 406. HOURS OF OPERATION. No person shall consume or display, or allow consumption or display of intoxicating liquor on any premises of a bottle club or a business establishment between the hours of 1:00 a.m. and 8:00 a.m.• or between the hours of 1 :00 a.m. and 3:00 .m. on Memorial Da or betw P y, hg hours of 1:00 a.m. and 8:00 p.m. on any primary, special, or general election day held in the district in which the bottle club or business establishment is located.] [LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR] [Section 11 -501. DEFINITION OF TERMS. 1. The term "intoxicating liquor" shall mean and include ethyl alcohol and include distilled, fermented, spiritous, vinous, and malt beverages j containing in excess of 3.2% of alcohol by weight. 2. The terms "sal "sell" le and sell mean and include all barters and all manners I or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law. 3. The term "off- sale" means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold. M 4. The term "on -sale liquor" means the sale of intoxicating liquor by the glass, or by the drink for consumption on the premises only. 5. The term "wholesale" means and includes any sale for purposes of resale. The term "wholesaler" means an person Y P e in the business of selling intoxicating liquor to retail dealers. 6. The term "manufacturer" includes every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquors for sale. 7. As used in this ordinance the term "person" includes a natural person of either sex, 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 the feminine and neuter. 8. The terms "package" or 'original package" mean any corked or sealed container or receptacle holding intoxicating liquor. I i J I B, ORDINANCE NO. 86 -11 9. The term "hotel" means and includes any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than 100 guests at one time, where the general public are, in consideration of payment therefor, served with meals at tables. 10. The term "restaurant" means any establishment other than hotel under the control of a single proprietor or manager, having appropriate facilities to serve meals and for seating not less than 150 guests at one time, and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and a significant part of the business of which is the serving of foods. For purposes of an "on -sale wine" license seating must be available for 4' not less than 75 guests at one time with all other sections of definition applicable as stated. 11. The term "club" means and includes any corporation duly organized under the laws of the State for civic, fraternal, social or business purpose or for intellectual improvement or for the promotion of sports which has been in existence for more than three years, and any congressionally chartered veterans' organization which has been in existence for at least three years immediately preceding application for license, which shall have more than fifty members, and which shall, for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation byway of profit from the distribution or sale of beverages to the members of the club or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. 12. The term "wine" means a vinous beverage containing not more than 14 percent alcohol by volume. 13. The term "on -sale wine" means the sale of wine for consumption on the premises only.] [Section 11 -502. LICENSE REQUIRED. I 1. No person except wholesalers or manufacturers to the extent authorized under State license, and except the municipal liquor store, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in ORDINANCE NO. 86 -11 this ordinance. Licenses shall be of six kinds: "On -Sale Liquor Class A "On -Sale Liquor Class B", "On Sale Liquor Class C", "On -Sale Liquor Class D", On -Sale Club", and On -Sale Wine 2. "On -Sale Liquor" licenses shall be issued only to restaurants which are conducted in such a manner that a significant part of the revenue for a license year is the sale of foods, and to hotels conducted in such a manner that, of that part of the total revenue derived from the serving of foods and intoxicating liquors, a significant part thereof for the license year is derived from the serving of foods. The term "significant part" as used in the subparagraph means the following: a. for Class A licenses, 80% or more of the applicable revenue derived from the serving of foods; Class A licenses are available to all hotels and restaurants. b. for Class B licenses, 50% through 79% of the applicable revenue derived from the serving of foods; Class B licenses are available to all hotels and restaurants. c. for Class C licenses, 40% through 49% of the applicable revenue derived from the serving of foods; Class C licenses are available only to hotels and to restaurants which derive a considerable part of their revenue from sources other than liquor and food. 3. New applicants who have not established a ratio between food and liquor for the licensed premises shall apply for a Class D license. This is considered a probationary license. Twelve months of documentation of food and liquor sales shall be presented to the Chief of Police on or before November 1 to determine the appropriate license class for the following year. If such documentation is not available, the probationary license shall be extended for no more than one additional year. Otherwise, a Class A, B, or C license will be assigned based on established ratio. 4. "On -Sale Club" licenses shall be issued only to clubs. 5. "On -Sale Wine" licenses shall be granted only to restaurants which are conducted in such a manner that a significant part of the revenue fora license year is the sale of foods, and only the sale of wine not exceeding 14 percent alcohol by volume for consumption on the licensed premises, in conjunction with the sale of food shall be permitted. a. for wine licenses the term "significant part" means 50% or more of the applicable revenue derived from the serving of food.] [Section 11 -503. NUMBER OF LICENSES ISSUED. The number of private "on- sale liquor" licenses issued by the City of Brooklyn Center shall be limited to 18. The number of "on -sale wine" licenses shall be unlimited.] [Section 11 -504. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the Chief of Police. In addition to the information which may be required by the State Commissioner of Public Safety's form, the application shall contain the following: I ORDINANCE NO. 86 -11 1. Whether the applicant is a natural person, corporation, partnership or other form of organization. 2. Type of license applicant seeks. 3. If the applicant is a natural person, the following information: a. True name, place and date of birth, and street resident address of applicant. b. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name, or names, and information concerning dates and places where used c. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Chapter 333, Minnesota Statutes, certified by the Clerk of the District Court, shall be attached to the application., d. Whether applicant is married or single. If married, true name, place and date of birth and street residence address of applicant's present spouse. i e. Whether applicant and present spouse are registered voters and if so, where. f. 'Street address at which applicant and present spouse have lived during the preceding ten years. g. Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding ten years. h. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. i. Whether applicant or his spouse, or a parent, brother, sister or child of either of them, has ever been convicted of any felony, crime or violation of any ordinance, other than traffic. If so, the applicant shall furnish information as to the time dace and PP p a offense for which convictions were had. j. Whether applicant or his spouse, or a parent, brother, sister or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a- similar nature. If so, applicant shall furnish information as to the time, place and length of time. k. Whether applicant has ever been in military service. If so, applicant shall, upon request, exhibit all discharges. ORDINANCE NO. 86 -11 1. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law, or who is a brother in -law or sister -in -law of the applicant or his spouse. 4. If the applicant is a partnership, the names and address of all partners and all information concerning each partner as is required of a single applicant in Subsection 3 above. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application and if the partnership is required to file a certificate as to a trade name under the provisions of Chapter 333, Minnesota Statutes, a copy of such certificate certified by the Clerk of District Court shall be attached to the application. 5. If the applicant is a corporation or other organization and is applying for an "on -sale liquor" or an "on -sale wine" license the following: a. Name, and if incorporated, the state of incorporation. b. A true co of Certificate f pY o Incorporation, Articles of Incorporation or Association Agreement and Bylaws and if a foreign corporation, a Certificate of Authority as described in Chapter 303, Minnesota Statutes. c. The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Subsection 3 above. i d. Notwithstanding the definition of interest as given in Section 11 -509. Subdivision 10, the application shall contain a list of all persons, who, singly or together with their spouse, or a parent; brother, sister or child or either of them, own or control an interest in said corporation or association in excess of 5% or who are officers or directors of said corporation or association, together with their addresses and all information as is required of a single applicant in Subsection 3 above. 6. If the application is for an "on -sale club" license, the following information: a. The name of the club. b. Date that club was first incorporated. True copies of the Articles of Incorporation Bylaws and the names an Y d street addresses of all officers, executive committee and board of directors shall be submitted. c. A sworn statement that the club has been in existence for more than three years or, in the event that the applicant is a congressionally chartered veterans' organization, in existence ORDINANCE NO. 86 -11 i for more than three years prior to January 1, 1961. The statement shall be made by a person who has personal knowledge of the facts stated therein. In the event that no person can make such a statement, satisfactory documentary proof may be submitted in support of such facts. d. The number of members. I i e. The name of the �ana er proprietor or other person who shall be in g P charge of the licensed premises together with the same information concerning such person as is required of a single applicant for an "on- sale" license as is set forth in Subsection 3 above. 7. The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions and location of buildings. 8. An applicant for an "on -sale liquor" or an "on -sale wine" license shall submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. 9. If a permit from the Federal government is required by the Laws of the United States, indicate whether or not such permit has been issued, and if so required uired in what name issued and the nature of the permit. 10. The amount of the investment that the applicant has in the business, building, premises, fixtures furniture, stock in trade, etc., and proof of the source of such money. 11. The names and addresses of all persons, other than the applicant, who have an financial interest in the business buildings, remises Y premises, fixtures, furniture, stock in trade; the nature of such interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to any lessees, lessors, mortgagees, mortgagors, lendors, lien holders, trustees, trustors, and persons who p have cosigned notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant, but shall not include persons owning or controlling less than a 5% interest in the business, if a corporation. 12. The names, residences and business addresses of three persons, residents of the State of Minnesota, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character or, in the case where information is required of a manager, the manager's I character. 13 Whether or not all real estate and personal property taxes for the premises to be licensed which are due and payable have been paid, and if not paid, the years and amounts which are unpaid. 14. Whenever the application for an "on -sale liquor" or an "on -sale wine" license or for a transfer thereof is for premises either planned or under construction or undergoing substantial alteration the g a i set of preliminary plans showing application shall be accompanied by a p y p the design of the proposed premises to be licensed. I ORDINANCE NO. 86 -11 15. Such other information as the Chief of Police shall require.] [Section 11 -505. RENEWAL APPLICATIONS. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the City Council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on -sale liquor" or an "on -sale wine" license, and in any event prior to the time that the application is considered by the City Council, the applicant shall file with the Chief of Police a statement prepared by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the twelve month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate of Authority.] [Section 11 -506. EXECUTION OF APPLICATION. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners.] [Section 11 -507. LICENSE FEES. 1. The annual license fee for "on -sale liquor" or an "on -sale wine" license shall be in an amount as set forth in Section 23 -010 of the City Ordinances. The annual license fee for an "on -sale club" license shall be the maximum amount permitted by Minnesota Statutes 340.11 (11) I 2. The initial license fee shall be paid in full before the application for a license is accepted. Renewal license applications shall be filed by November 1 preceding each license year. Renewal license fees shall be paid in full by December 15 preceding each license year. All fees shall be paid into the general fund of the City. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant. 3. The fee for an "on -sale liquor," "on -sale club" or an "on -sale wine" license granted after the commencement of the license year shall be prorated on a daily basis. 4. When the license is for a premise where the building is not ready for occupancy, the commencement date for computation of the license fee for the initial license period shall be the date on which a certificate of occupancy is issued. 5. No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application except as provided by Subdivision g of this Section. For purposes of this Subdivision a change in the controlling interest of the licensee is deemed a transfer of the license. ORDINANCE NO. 86 -11 6. No an art of the fee aid for license issued under this ordinance A P Y i shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event. The Council may in its judgment refund 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 expiration of the license because of: a. destruction or damage of the licensed premises by fire or other catastrophe. b. the licensee's illness. c. the licensee's death. d. a change in the legal status of the municipality making it unlawful for a licensed business to continue.' 7. At the time of each original application for a license, except in the case of an "on -sale club" license, the applicant shall pay in full an investigation fee equal to the actual cost of investigation, not to exceed $10,000 if the investigation is conducted outside Minnesota, and not to exceed $500 if' the investigation is conducted within Minnesota. The applicant shall pay such portion of the fee as the Chief of Police deems adequate to cover the proposed investigation, provided that the Chief may require additional advances not to exceed the limitation set out herein. Any portion of the fee for an investigation outside Minnesota which exceeds actual expenses shall be returned to the applicant, provided that the minimum fee for investigations within Minnesota shall be $100. 8. At any time that an additional investigation is required because of 'a license renewal, a change in the ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee as set forth in Subd. 7 of this section. The investigation fee shall accompany the application. 9. Where a new application is filed as a result of incorporation by an existing licensee and the ownership, control and interest in the license are unchanged, no additional license fee will be required.] [Section 11 -508. INVESTIGATION OF APPLICATIONS. 1. All applications for a license shall be referred to the Chief of Police, and to such other City departments as the City Manager shall deem' necessary for verification and investigation of the facts set forth in the application. The Chief of Police shall cause to be made such investigation of the information requested in Section 11 -504 g 4 Subdivision 3, as shall be necessary and shall make a written recommendation and report to the City Council. The City Council may authorize such additional investigation as it shall deem necessary.] r ORDINANCE NO. 86 -11 [Section 11 -509. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by any of the following persons. The characteristics of any owners, officers, managers, employees or others who require investigation under Section 11 -504 hereof shall be attributed to the licensee: 1. Under 19 years of age. 2. Who is not of good moral character. 3. Who, if an individual, is an alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. 4. Who has been convicted of any willful violation of any law of the United States, the State of Minnesota, or any other state or territory, or of any local ordinance regarding the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor, drugs or prohibited substance, or whose liquor license has been revoked for any willful violation of any law or ordinance. 5. Who is a manufacturer or wholesaler of intoxicating liquor and no manufacturer or wholesaler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor. 6. Who is directly or indirectly interested in any other establishment in the City of Brooklyn Center to which an "on -sale liquor" or an "on -sale wine" license has been issued under this ordinance. 7. Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. 8. Who is the spouse of a person ineligible for a license pursuant to the provisions of Subd. 14, 5, or 6 of this section or who, in the judgment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. 9. An "on -sale liquor" or an "on -sale wine" license will not be renewed if, in the case of an individual, the licensee is not a resident of the Twin Cities metropolitan area at the time of the date for renewal; if, in the case of a partnership, the managing partner is not a resident of the Twin Cities metropolitan area at the time of the renewal; or in the case of a corporation, if the manager is not a resident of the Twin Cities metropolitan area at the time of the date of renewal. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. 10. No person shall own an interest in more than one establishment or business within Brooklyn Center for which an "on -sale liquor" or an "on -sale wine" license has been granted. The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental —r ORDINANCE NO. 86 -11 agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of 10 percent or less in any corporation holding a license. A person who received monies from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered.] [Section 11 -510. PLACES INELIGIBLE FOR LICENSE. 1. No license shall be granted, or renewed, or operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278 Minnesota Statutes questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. 2. No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is minor, alien, or a person who has been convicted of a crime other than violation of Minnesota Statutes, Sections 340.07 through 340.39• 3. No "on -sale liquor" license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 1800 square feet or for a hotel that does not have a dining area, open to the general public, with a total minimum floor area of 1200 square feet. 4. No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit.] [Section 11 -511. CONDITIONS OF LICENSE. 1. Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. 2.. The license shall be posted in a conspicuous place in the licensed establishment at all times. 3. Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a N warrant. Ili ORDINANCE NO. 86 -11 4. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. 5. No "on-sale liquor" or "on-sale wine" licenses shall sell intoxicating liquor "off- sale 6. No license shall be effective beyond the space named in the license for which it was granted. 7. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by State law. 8. No person under 19 years of age shall be employed in any rooms constituting the place in which "on -sale liquor" is sold at retail except that persons under 19 years of age may be employed to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which "on -sale liquor" is sold at retail. Serving of any "on -sale wine" must be done by persons 19 years of age or older.` 9. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by State law. 10. No licensee shall sell, offer for sale, or keep for sale,_ intoxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. 11. No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or Federal gambling stamp. 12. No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. 13. The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City Manager, or other duly authorized representative of the City at all reasonable) times. Business records for accounting functions required to demonstrate compliance with the provisions of this ordinance shall be prepared in accordance with standard accounting practices as determined by the City Manager or his designee. 14. Changes in the corporate or association officers, corporate charter, articles of incorporation, bylaws or partnership agreement, as the case may be, shall be submitted to the Chief of Police within 30 days after such changes are made. In the case of a corporation, the ORDINANCE NO. 86 -11 licensee shall notify the Chief of Police when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds 5 and shall give all information about said person as is required of a person pursuant to the provisions of Section 11 -504, Subdivision 3, of this ordinance. 15. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended. e 16. A licensed restaurant shall be conducted in such a manner that a significant part of the business for a license year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, a sig nificant art of the business f or g P a license year is the serving of foods. A restaurant which derives a considerable part of its revenue from sources other than liquor and food shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and liquors, a significant part of the business for a license year is the serving of foods. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein. 18. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for P rostitutes. 19. Every licensed premise which requires a passcard, password, passkey or other indicia of membership as a condition of entrance thereto, shall provide the Chief of Police with such indicia of membership or be used only for the purposes set forth in this Section 11 404.1 [Section 11 -512. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premise after 1 :00 a.m. on Sunday nor unti18: 00 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. No "on -sale" shall be made after 8:00 p.m. on December 24. [Section 11 -513. CLUBS. No club holding an "on -sale club" license shall sell intoxicating liquor except to members and bona fide guests.] [Section 11 -514. RESTRICTIONS OF PURCHASE AND CONSUMPTION. 1. No person under 19 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor for the purpose of purchasing or having served or delivered to him for consuming any such intoxicating liquor, nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him any intoxicating liquor. i ORDINANCE NO. 86 -11 2. No person under 19 years of age shall receive delivery of intoxicating liquor. 3. No person shall induce a person under the age of 19 years to purchase or procure or obtain intoxicating liquor. 4. Any person who may appear to the licensee, his employees or agents to be under the age of 19 years shall, upon demand of the licensee, his employee or agent, produce and permit to be examined a valid driver's license or identification card. 5. In every prosecution for a violation of the provisions of this ordinance relating to the sale or furnishing of intoxicating liquor to persons under the age of 19 years, and in every proceeding before the City Council with respect thereto the fact that the minor involved has obtained and presented to the licensee, his employee, or agent, a verified identification from which it appears that said person was 19 years of age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. 6. Any person who may appear to the licensee, his employee or agent to be under 19 years of age and who does not have in his possession any identification certificate as above described, may sign and execute a statement in writing as follows: READ CAREFULLY BEFORE SIGNING The following are excerpts from the Laws of the State of Minnnesota, Section 340.731 Minnesota Statutes, Minors, Forbidden Acts or Statements: "It shall be unlawful for: Any person to misrepresent or misstate his or her age, or the age of any other person for the purpose of inducing any licensee, or any employee of any licensee, or any employee of any municipal liquor store, to sell, serve or deliver any alcoholic beverage to a minor; A minor to have in his possession any intoxicating liquor with intent to consume same at a place other than the household of his parent o guardian." r u d P g ian. VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR PUNISHABLE BY A FINE OF $700 OR 90 DAY IMPRISONMENT OR BOTH. My age is Date of Birth i Place of Birth My Address is Dated: Type of Identification Witness Signed ORDINANCE NO. 86 -11 The above form shall be furnished at the expense of all licensees desiring to use the same and when properly executed may be considered as evidence in any prosecution and by the City Council in any proceeding before the Council or a committee thereof relating to the business or operations of the licensee. Such forms after execution shall be kept on file by the licensee for a period of one year. 7. No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. 8. No intoxicating liquor shall be consumed on a public highway or in an automobile.] [Section 11 -515. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any on- sale or off -sale intoxicating or nonintoxicating liquor license, the applicant shall file with the Chief of Police proof of financial responsibility for liability imposed by Minnesota Statutes Section 340.95, 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 liability insurance policy. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the Chief of Police any of the following proofs: a. A certificate that there is in effect an insurance policy or pool providing the following minimum coverages: 1. $50,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence. 2. $50,000 for loss of means of support of any one person in any one occurrence, and subject to the limit for one person, $100,000 for loss of means of support of two or more persons in any one occurrence; or b. A bond of a surety company with minimum coverages as provided in clause (a), or c. A certificate of the state treasurer that the licensee has deposited with him $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. Subdivision 3. Exceptions to the Requirements of Proof of Financial, Responsibility. The following persons are excepted from Subdivisions 1 and 2 of this Section unless such person holds an additional license not so excepted: nn�� TT RDI O NANCE NO. 86 .11 a. Nonintoxicating malt liquor on -sale licensees with sales of nonintoxicating malt liquor of less than $10,000 per license year. f b. On -sale wine licensees with wine sales of less than $10,000 of wine per license year. c. Nonintoxicating malt liquor off -sale licensees with sales of nonintoxicating malt liquor of less than $20,000 per license year.] [Section'11 -516. REVOCATION. The City Council may suspend or revoke any intoxicating liquor license for the violation of any provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds for mandatory revocation, and shall revoke for failure to keep the insurance required by Section 11 -515 in full force and effect. Except in the case of a suspension pending a hearing on revocation, nonmandatory revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least 10 days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice maybe served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days.] [Section 11 -550. SUNDAY SALES AUTHORIZED. Notwithstanding the provisions of Section 11- 512 of the City Ordinances, establishments to which "on- sale liquor" licenses have been issued for the sale of intoxicating liquors may, upon obtaining a special license, serve intoxicating liquor between the hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food. Wine may be sold without special license under the authority of an "on -sale wine" license between the hours of 10 :00 a.m. and 12:00 midnight in conjunction with the serving of food.] [Section 11 -551. LICENSE REQUIRED. No person shall directly or indirectly sell or serve intoxicating liquors as authorized in Section 11 -550 without having first obtained a special license from the City Council, except under the authority of an "on-sale wine" license. Application for such a special Sunday license shall be filed with the Chief of Police.] [Section 11 -552. LICENSE FEES. The annual license fee for a special "on- sale liquor" Sunday license shall be in an amount as set forth in Section 23 -010 of the City Ordinances. The annual license fee shall be paid in full before the application for a license is accepted. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before the approval of issuance by the City Council, the license fee shall be refunded to the applicant. The fee for a license granted after the commencement year shall be prorated on a monthly basis.] [Section 11 -600. PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both, together with the costs of prosecution.] Section 2: Chapter 11 of the City Ordinances is hereby amended by the addition of the following: r ORDINANCE NO. 86 -11 CHAPTER 11 LIOUOR ORDINANCE NONINTOXICATING LIOUORS Section 11 -101. DEFINITION OF TERMS. �i Subdivision 1. As used in this ordinance. the term "person" includes a natural person of either sex, a Dartnershin. a corporation or association of Dersons, and the aaent or manaaer or emplovee of anv of the aforesaid. The sinaular number includes the Dlurai, and the masculine Dronoun includes the feminine and neuter. Subdivision 2. "Beer" or "nonintoxicatina malt liquor" means anv malt beveraae with an alcoholic content of more than one half of one per cent by volume and not more than three and two tenths Dercent by weiaht. Subdivision 3. "Intoxicatina liquor" means anv distilled, fermented or vinous beveraae containing more than three and two- tenths Der cent of alcohol by weiaht. Subdivision 4. "Original Dackaae" means the bottle or sealed container in which the liauor is placed by the manufacturer. Subdivision 5. "Bona fide club" or "club" is an incorporated oraanization oraanized under the laws of the state for civic fraternal, social, or business nuruoses. for intellectual improvement, or for the promotion of sports. or a conaressionally chartered veterans' oraanization, which: (1) has more than 50 members; (2 has owned or rented a buildina or space in a buildina for more than one year that is suitable and adeauate for the accommodation of its members; (3) is directed by a board of directors. executive committee. or other similar bodv chosen b_ y the members at a meeting held for that 'No member, officer, aaent. or emplovee shall receive anv profit from the distribution or sale of beveraaes to the members of the club, or their guests. beyond a reasonable salary or waaes fixed and voted each vear by the aovernina bodv. Subdivision 6. "Rgstaurant" means a place of which the major business is Dreparina and serving lunches or meals to the public to be consumed on the premises. Subdivision 7. "Premises" means the inside of the buildina itself and does not include anv patio, Darkina or other area. unless expressly listed in writina on the license or special written permission is obtained for a limited special event with conditions included. i ORDINANCE NO. 86 -11 Section 11 -102. LICENSE REOUIRED. Subdivision 1. No person, except the holder of intoxicatina liauor licenses. wholesalers and manufacturers to the extent authorized by law. shall deal in or dispose of by sift. sale or otherwise. or keen or offer for sale. anv beer within the City without first havina received a license as hereinafter provided. This section shall not Drohibit the aivina or servina thereof to auests in a Urivate home. or in a Drivate aatherina. Licenses shall be of three kinds: (l) Retail "on sale": (2) Retail "off- sale and (3) Retail "temporary on- sale Subdivision 2. "On -sale" licenses may be aranted only to bona fide clubs. bowling establishments. restaurants and hotels where food is prepared and served for consumption on the premises. "On -sale" licenses shall hermit the sale of beer for consumption on the premises only. Subdivision 3. "Off -sale" licenses shall permit the sale of beer at retail. in the oriainal n_ackaae for consumption off the premises only. N Subdivision 4. "Temnorary on sale" licenses may be granted to clubs. charitable. religious, or non profit oraanizations only. "Temnorary on- sale" licenses shall be subiect to anv special terms and conditions as the Citv Council may prescribe. Section 11 -103. APPLICATIONS FOR LICENSE. Subdivision 1. Every application for a license to sell beer k shall be made on a form suDUlied by the Citv. It shall be unlawful to make anv false statement in an application. ADDlications shall be filed with the Chief of Police. Subdivision 2. Every application shall be referred to the Chief of Police for a review 'as to whether the applicant meets the reauirements of the ordinance as to moral character and past offenses. if anv. An investigation fee as set by City Council resolution shall accompanv each application. The Chief of Police shall estimate the actual costs of investigation after Dreliminary review. notifv the apblicant of the actual cost estimate. and take no further action on the application until the actual cost estimate is paid. Anv portion of the actual cost estimate which exceeds the minimum but which remains unused after completion of the investiaation shall be returned to the applicant. Subdivision 3. Every "on- sale" aDDlicsition shall be referred to the Director of Planning and Inspection for a review as to whether the DroDosed licensed premises meets the reauirements of the Zonina Ordinance and Building Code. u ORDINANCE NO. 86 -11 Subdivision 4. "Temporary on -sale" applications shall be submitted to the Chief of Police a minimum of thirtv calendar days in advance of the proposed event. There is no investigation fee to apply for this license. Section 11 -104. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for anv on -sale or off -sale nonintoxicatina liauor license. the applicant shall file with the Chief of Police proof of financial responsibility for liability which shall be sublect to the approval of the Citv Council. The issuer or surety on anv liabilitv insurance nolicv_ 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 Citv Attornev. The licensee and the City shall be named as ioint insureds on the liability insurance nolicv. The Dolicv shall be effective for the entire license near. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by sunnlvina to the Chief of Police anv of the following proofs: a. A certificate that there is in effect an annual aggregate insurance nolicv for dram shop insurance of not less than 5300.000.00 Der nolicv year or b. A bond of a surety coma_anv_ with minimum coverages as provided in clause (a): or c. A certificate of the State Treasurer that the licensee has deposited with him 5300.000.00 in case or securities which may leaally be purchased by savings banks or for trust funds having a market value of 5300,000.00. Subdivision 3. Liability Insurance for Temnorary On -sale licenses. These licenses must provide the same insurance provided in subdivision 2. with the exception of events held on City property. If the event is held on Citv property. such as a Dark. the three choices given in subdivision 2 apply with a dollar amount of 5500,000.00. Subdivision 4. Anv liability insurance reauired by this section must provide that it may not be canceled for anv cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writing to the issuing authority of intent to cancel the nolicv. Subdivision 5. The insurance limits outlined in this section become effective on 1987 license renewals and anv new wl licenses applied for after this ordinance changes becomes effective. ORDINANCE NO. 86 -11 Section 11 -105. LICENSE FEES. Subdivision 1. Each application for a license shall be accompanied by a receipt from the Chief of Police for navment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon resection of anv application for a license, the Citv shall refund the amount paid. Subdivision 2. "On -sale" and "off -sale" licenses shall expire on the last day of December in each vear. Each such license shall be issued for a period of one veer, 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 computina such fee, anv unexpired fraction of a month shall be counted as one month. "Temporary on -sale" licenses are only aood onlv for the dates. times and locations specifically stated on the license. Subdivision 3. The annual fee for an "on- sale "license, and "off- sale" license and the 0ai1v fee for a "temnorary on -sale" license shall be as set by City Council resolution. Subdivision 4. No part of the fee paid for anv license issued under this ordinance shall be refunded except in the followina instances upon application to the Council within 30 days from the happenina of the event. The Council may in its iudument refund 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 expiration of the license because of: 1. destruction or damaae of the licensed premises by fire or other catastrophe. 2. the licensee's illness. 3. the licensee's death. 4. a chance in the leaal status of the municipality making it unlawful for a licensed business to continue. 5. no refunds on temporary on -sale license fees. Section 11 -106. GRANTING OF LICENSE. Subdivision 1. The Citv Council shall cause to be investiaated all facts set out in the application. OnDortunity shall be aiven to anv person to be heard for or against the grantina of the license. After such investiaation and hearina the Citv Council shall arant or refuse the application at its discretion. Subdivision 2. Each license shall be issued to the applicant onlv and shall not be transferable to another holder. Each license shall be issued onlv for the premises described in the application. No license may be transferred to another place without the approval of the Citv Council. n it ORDINANCE NO. 86 -11 Subdivision 3. On special event temnorary on -sale licenses. if the event is Dostponed because of weather. the Citv Manaaer or his desianee has the authoritv to chance the effective dates of the license. as lona as the total amount of hours approved by the Citv Council does not chancre. Section 11 -107. PERSONS INELIGIBLE FOR LICENSE. No license shall be aranted to anv person: 1. Under 21 years of aae. For the ourooses of this ordinance, people born before 9/1/67 are considered 21 vears of aae.) 2. Who has. within the oast five- vears, been convicted of a felon, or anv_ law of this state or local ordinance relatina to the manufacture, transportation or sale of nonintoxicatina or of intoxicatina liauors. 3. Who is a manufacturer of beer or who is interested in the control of anv Dlace where beer is manufactured. 4. Who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a backaround and financial investiaation due to the unavailability of information. 5. Who is not of aood moral character. 6. Who is or durina the period of this license becomes the holder of a Federal retail liquor dealer's special tax stamp for the sale of intoxicatina liauor at anv place unless there has also been issued to him a local license to sell intoxicatina liquor at such Dla:ce. 7. Who is not the proprietor of the establishment for I which the license is issued. Section 11 -108. PLACES INELIGIBLE FOR LICENSE. Subdivision 1. No license shall be aranted for sale on anv premises where a licensee has been convicted of the violation of this ordinance. or of the state beer or liquor law. or where any license hereunder has been revoked for cause until one vear has elapsed after such conviction or revocation. Subdivision 2. No "on -sale" license shall be aranted for a bona fide club which has not been in operation and eliaible to receive a license for at least six months" immediately Drecedina the application for a license. Section 11 -109. CONDITIONS OF LICENSE. Subdivision 1. Every license shall be aranted sublect to the conditions in the followina subdivisions and all other Drovisions of this ordinance and of other applicable ordinances of the City or State law. Subdivision 2. All licensed Dremises shall have the license Doste d in a conspicuous place at all times. ORDINANCE NO. 86 -11 Subdivision 3. No beer shall be sold or served to anv intoxicated person or to anv person under 21 vears of aae. (For Durposes of this ordinance. Dersons born before 9/1/67 shall be considered 21 vears of aae.) Subdivision 4. No person under 18 vears of aae shall be Dermitted to sell or serve beer in anv "on -sale" establishment. Subdivision 5. No aamblina or anv_ aamblina device shall be Dermitted on anv licensed Dremises. Subdivision 6. No manufacturer or wholesaler of deer s1jall have anv ownership of or interest in an establishment licensed to sell at retail contrary to the Drovisions of M.S.A. 340A.308. No retail licensee and manufacturer or wholesaler of beer shall be parties to anv exclusive purchase contract. No retail licensee shall receive anv benefits contrary to law from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer anv benefits contrary to law upon a retail licensee. Subdivision 7. No licensee shall sell beer while holding or exhibitina in the licensed premises a Federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicatina liauors. Subdivision 8. No licensee who is not also licensed to sell intoxicating liquor shall sell or Dermit the consumption or disDlav of intoxicatina liauors on the licensed premises or serve anv liauids for the purpose of mixina with intoxicatina liquor. The presence of intoxicatina liauors on the Dremises of such a licensee shall be prima facie evidence of possession of intoxicatina liauors for the purpose of sale: and the servina of anv liauid for the purpose of mixina with intoxicatina liauors shall be prima facie evidence that intoxicatina liquor is beina Dermitted to be consumed or displaved contrary to this ordinance. I Subdivision 9. Anv peace officer shall have the unqualified riaht to enter. inspect and search the premises of a licensee during business hours without a search and seizure warrant and may in the absence of a license to sell intoxicatina liquor. seize all intoxicatina liauors found on the licensed premises. Business hours shall be deemed anv time when licensee or emDlovees are present on the premises. Refusal to Dermit such inspection is a violation of this ordinance and grounds for revocation of license. Subdivision 10. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of anv emplovee on the licensed Dremises authorized to sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to all benalties Drovided by this ordinance eauallv with the emDlovee. ORDINANCE NO. 86 -11 Section 11 -110. CLOSING HOURS. Subdivision 1. It shall 1pe unlawful to sell. consume or permit the consumption of beer in any "on -sale" establishment on anv Sundav between the hours of 1 :00 a.m. and 12:00 noon. it shall be unlawful to sell. consume or permit the consumption of beer in anv "on -sale" establishment between the hours of 1:00 a.m. and 8:00 a.m. on anv other day. Section 11 -111. CLUBS. No club nossessina an "on- sale" license shall sell beer to anvone other than members and auests in the comoanv of members. Section 11 -112. RESTRICTIONS ON PURCHASE AND CONSUMPTION. It is unlawful for anv: Subdivision 1. Licensee or his emnlovee to permit any person under the aae of 21 vears to consume nonintoxicatina malt liauor on the licensed premises. (For purposes of this ordinance. persons born before 9/1/67 shall be considered 21 vears of a e. Subdivision 2. Person to procure nonintoxicatina malt liauor for anv person under the aae of 21 vears. Subdivision 3. Person to induce a person under the aae of 21 vears to purchase or procure nonintoxicatina malt liquor. Subdivision 4. Person under the aae of 21 vears to misrepresent his aae for the purpose of obtainina nonintoxicatina malt liauor. Subdivision 5. Person under the aae of 21 vears to consume anv nonintoxicatina malt liauor. Subdivision 6. Person under the aae of 21 vears to possess anv nonintoxicatina malt liquor, with intent to consume it at a place other than the household of his parent or guardian. 0 Subdivision 7. No parson shall consume or displav anv intoxicatina liauor on the oremises of ,a licensee who is not also licensed to sell intoxicatin-q liauors. Subdivision 8. Person under the aae of 21 vears to consume anv intoxicatina liauor or nonintoxicatina malt liauor unless in the household of his or her parent or auardian and with the consent of his or her parent or auardian. Section 11 -113. REVOCATION. The violation of anv urovision or condition of this ordinance by a beer licensee or his aaent shall be arounds for revocation or suspension of the license. The license of anv oerson who holds a federal retail liquor dealer's special tax stamn without a license to sell intoxicatina liauors at such place shall be revoked without notice and without I i i ORDINANCE NO. 86 -11 hearina. In all other cases a license granted under this ordinance may be revoked or suspended by the Council after written notice to the licensee and a Dublic hearina. The Citv Council also may impose a civil fine not to exceed 52,000.00 Dursuant to M.S. 340A.465. The notice shall aive at least ten days' notice of the time and Mace of the hearina and shall state the nature of the charges aaainst the licensee. Section 11 -114. SEPARABILITY. Every section. Drovision or Dart of this ordinance is declared separable from every other section. provision or Dart: and if anv section. provision or Dart of anv ordinance shall be held invalid. it shall not affect anv other section. Drovision or Dart thereof. Section 11 -115. SUPREMACY CLAUSE. The suDremacv clause found in Section 23 -013 shall not aDDly to Sections 11 -101 throuah 11 -116. i ORDINANCE NO. 86 -11 CHAPTER 11 LIOUOR ORDINANCES MUNICIPAL LIOUOR STORE Section 11 -201. LIOUOR STORE ESTABLISHED. A municipal liauor store is hereby established to be operated within this municipality for the sale of liauor potable as a beveraae containina more than 3.2% of alcohol by weiaht in the sealed or closed receptacle or retainer for removal from the bremises. Section 11 -202. FUND CREATED. A municipal liauor store fund is hereby created into which all revenues received from the oueration of the municipal liauor store shall be paid. and from which all operatioa expenses shall be paid, provided that the initial costs of rent fixtures and stock may be paid for out of the aeneral fund of the municipality, but such amounts shall be reimbursed to the said aeneral fund out of the first monies comina into the municipal liauor store fund needed for carrvina on the said business. Anv surn_1us accumulatina in this fund may be transferred to the aeneral fund by resolution of the Council and expended for anv municipal purpose. Section 11 -203. HOURS OF OPERATION. The municipal liauor store shall at all times observe the following restrictions on the hours of operation: No sale of intoxicatina liauor shall be made on Sunday. No off -sale shall be made before 8:00 a.m. or after 8:00 p.m. of anv day except Fridav and Saturdav, on which days off -sales may be made until 10:00 p.m. No off -sale shall be made on New Year's Dav, January 1: Independence Day. July 4: Thanksaivina Dav_: Christmas Day, December 25: but on the eveninas precedina such days, off -sales may be made until 10:00 p.m.. except that no off -sale shall be made on December 24 after 8:00 D.M. All sales shall be made in full view of the public. Section 11 -204. OPERATION OF THE MUNICIPAL LIOUOR STORE. Subdivision 1. No business other than the sale of liauors. beer. beveraaes and related incidental products shall be carried on by the municipal liauor store or by anv person emDloved therein during the time so employed. Subdivision 2. No liquor shall be sold to a person who is in an intoxicated condition. Subdivision 3. No liauor shall be sold to a person under the aae of 21 vears. (For the purposes of this ordinance, persons born before 9/1/67 shall be considered 21 vears of eae.) Subdivision 4. No person shall enter or remain in the municipal liauor store except for the purpose of purchasina or sellina liauor, beer, beveraaes or related incidental products. S Anv person enterina or remainina therein for anv other purpose may be banned by the City Manaaer. Anv person violatina such ban ORDINANCE NO. 86 -11 I i may be bunished as tirovided herein. Section 11 -205. ENFORCEMENT. It shall be the duty of the police department of the municipality to enforce the Drovisions of this ordinance and to search oremises and seize evidence of law violation and preserve the same as evidence against anv person alleged to be violatioa this ordinance. and to prepare the necessary processes and papers therefor. ORDINANCE NO. 86 -11 CHAPTER 11 LIOUOR LICENSES SET UP LICENSE Section 11 -401. PERMIT REQUIRED. It shall be unlawful for anv Drivate club or public place. directly or indirectly or upon anv Dretense or by anv device to allow the consumution or disulav of intoxicatina liauor. or the servina of anv liauid for the Duruose of mixina with intoxicating liquor without first securina a uermit from the Commissioner of Public Safetv and Davina the fee as brovided in this ordinance. Section 11 -402. ANNUAL LICENSES. Every urivate club or public ulace desirina to allow the consumution or disulav of intoxicating liauor shall on or before Julv l of each vear uav to the Citv Manaaer a fee as set by Citv, Council Resolution and shall be issued a written receipt therefor. If a Dortion of the vear has elapsed when navment is made. a uro rata fee shall be Daid: but no such pro rata fee shall be accented from anv Drivate club or public place which has violated Section 11 -401 of this ordinance. In comuutina such fee, anv fraction of a month shall be counted as one month. The written receipt shall be Doste4 in some consuicuous Dlace uoon the uremises alonaside the Dermit issued by the Commissioner of Public Safety and shall be kept Dosted at all times. Section 11 -403. ONE DAY LICENSE. Anv nonprofit oraanization desirina to allow the consumution or disulav of intoxicating liquor or the servina and sale of liquids to mix with intoxicatina liauor at a sDonsored social activity occurrina within Brooklvn Center shall tav a fee as set by City Council Resolution to the Citv Manaaer, and obtain a license for a specified Deriod not to exceed 24 hours. The license shall not be valid unless aDDroved by the Commissioner of Public Safety. No more than 10 such licenses shall be issued durina anv one calendar vear. Section 11 -404. PREMISES OPEN FOR INSPECTION. Anv Drivate club or public ulace allowina the consumntion.or disulav of intoxicatina liquor shall be open at all reasonable hours for inspection by the Commissioner of Public Safety, his designated agents. and dulv authorized Deace officers of the Citv. Refusal to Dermit such inspections shall be a violation of this ordinance. Everv_ licensed premise which reauires a uasscard. Dassword. Dasskev or other i.ndicia of membership as a condition of entrance thereto. shall provide the Chief of Police with such indicia of membership to be used onlv for the purposes set forth in this Section 11 -404. Business hours shall be deemed anv time when licensee or employees are uresent on the uremises. Refusal to permit such inspection is a' violation of this ordinance and arounds for revocation of the license. eI c ORDINANCE NO. 86 -11 Section 11 -405. EXCLUSION. Section 11 -401 does not aooly to anv premises licensed for the sale of intoxicatina liauor. Section 11 -406. HOURS OF OPERATION. No Berson shall consume or disnlay. or allow consumtition or disnlav of intoxicating liauor on anv premises of a bottle club or a business establishment between the hours of 1:00 a.m. and 8:00 a.m.: or between the hours of 1:00 a.m. and 3:00 b.m. on Memorial Day: or between the hours of 1:00 a.m. and 8 :00 b.m. on anv Drimarv, special. or aeneral election day held in the district in which the bottle club or business establishment is located. Section 11 -407. LIABILITY INSURANCE. Subdivision 1. Insurance Reauired. At the time of filing an abnlication for anv annual or one day set -ur) license, the annlicant shall file with the Chief of Police Droof of financial responsibility for liability which shall be subiect to the aDiDroval of the Citv Council. The issuer or surety on anv liability insurance bolicv_ 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 Citv shall be named as ioint insureds on the liability insurance Dolicv. Subdivision 2. Form of Proof of Financial Resbonsibility. Proof of financial responsibility may be provided by sunnlvina to the Chief of Police anv of the followina broofs: a. A certificate that there is in effect an annual aaareaate insurance Dolicv for dram shoe insurance of not less than 5300.000.00 per ooliov wear: or b. A bond of a surety comn_anv with minimum coveraaes as brovided in clause (a): or e. A certificate of the State Treasurer that the licensee has deposited with him 5300.000.00 in case or securities which mav leaally be xourchased by savings banks or for trust funds having a market value of 5300.000.00. Subdivision 3. Anv liability insurance reauired by this section must provide that it mav not be canceled for anv cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writing to the issuina authority of intent to cancel the policy. 1', r ORDINANCE NO. 86 -11 CHAPTER 11 LIOUOR ORDINANCES CLUB INTOXICATING LIOUOR LICENSE Section 11 -501. DEFINITION OF TERMS. 1. The term "intoxicatina liauor" shall mean and include ethvl alcohol and include distilled. fermented. spirituous, vinous. and malt beverages containina in excess of 3.2% of alcohol by weiaht. 2. The terms "sale" and "sell" mean and include all barters and all manners or means of furnishina intoxicatina liauor or liquors as above described in violation or evasion of law. 3. The term "off -sale" means the sale of intoxicatina liquor in the oriainal Dackaae in retail stores for consumbtion off or awav from the premises where sold. 4. The term "on -sale liquor" means the sale of intoxicatina liauor by the alass. or by the drink for consumption on the premises only. 5. The term "wholesale" means and includes anv sale for Durnoses of resale. The term "wholesaler" means anv Derson enaaaed in the business of sellina intoxicatina liauor to retail dealers. 6. The term "manufacturer" includes every Berson who. by anv process of manufacture. fermentina. brewina. distillina. refining, rectifvina. blendina. or by the II' combination of different materials. nrenares or produces intoxicatina liauors for sale. 7. As used in this ordinance the term "person" includes a natural Derson of either sex. partnership, corDOration and association of persons and the agent or manaaer of anv of the aforesaid. The sinaular number includes the plural and the masculine pronoun includes the feminine and neuter. 8.. The terms "Dackaae" or "oriainal nackaae" mean anv corked or sealed container or receptacle holding intoxicatina liquor. 9. The term "club" means and includes anv incorporated organization organized under the laws of the State for civic. fraternal. social or business nurpose or for intellectual improvement or for the promotion of sports or a conaressionally chartered veterans' oraanization. which: (a) has more than 50 members; ORDINANCE NO. 86 -11 (b) has owned or rented a buildina or space in a buildina for more than one vear that is suitable and adeauate for the accommodation of its members; (c) is directed by a board of directors. executive committee, or other similar bodv chosen by the members at a meetina held for that purpose. No member, officer. aaent. or emplovee shall receive anv profit from the distribution or sale of beveraaes to the members of the club. or their auests. bevond a reasonable salary or waaes fixed and voted each vear by the aovernina bodv. 10. The term "premises" as used in this ordinance, shall mean the inside of the buildina or the leased space inside a buildina as shown on the plan submitted to the Chief of Police with the original license. Outside areas. such as oatios or oarkina lots. shall not be included unless specifically listed on the license or 'special permission in writina is obtained for a limited period of time under certain conditions. Section 11 -502. LICENSE REOUIRED. 1. No Gerson except wholesalers or manufacturers to the extent authorized under State license. and except the ,municipal lia_uor store, shall directiv or indirectly deal in. sell, or keep for sale anv intoxicatina liauor without first havina received a license to do so as provided in this ordinance. 2. "On -Sale Club" licenses shall be issued only to clubs. Section 11 -503. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicatina liquor shall be verified and filed with the Chief of Police. In addition to the information which may be reauired by the State Commissioner of Public Safetv's form, the application shall contain the following= 1. The name of the club. 2. Date that the club was first incorporated. True copies of the Articles of Incorporation, Bvlaws and the names and street addresses of all officers. executive committee. manaaer. and board of directors shall be submitted. 3. A sworn statement that the club has been in existence ';for more than three vears. The statement shall be made by a person who has personal knowledge of the facts stated therein. in the event that no person can make such a statement, satisfactory documentary proof may be submitted in support of such facts. ORDINANCE NO: 86 -11 4. The number of members, certified by the Club Treasurer. d A personal information form, as orovided by the Citv. filled out for the manager, all officers, all members of the executive committee, and all members of the board of directors containina the followina information: a. True name. place and date of birth. and street residence address of aoolicant. b. Whether abDlicant has ever used or been known by a name other than his true name and, if so, what was such name, or names. and information concerning dates and Maces where used. C. Whether aoolicant is married or sinale. If married, true name. place and date of birth and street residence address of abblicant's present soouse. d. Whether aoolicant and present spouse are reaistered voters and if so, where. e. Street address at which aoolicant and oresent soouse have lived during the 'orecedina ten vears. f. Kind. name and location of every business or occubation aoolicant and oresent soouse have been enaaaed in during the brecedina ten years: cam. Names and addresses of annlicant's and spouse's emblovers and partners, if anv. for the nrecedina ten vears. h. Whether aoolicant or his spouse. or a parent.. brother, sister or child of either of them. has ever been convicted of anv felony, crime or violation of anv ordinance, other than traffic. If so. the annlicant shall furnish information as to the time. place and offense for which convictions were had. i. Whether aoolicant or his spouse, or a barent. brother, sister or child of either of them has ever been enaaaed as an emolovee or in oueratina a saloon. hotel. restaurant. cafe. tavern or other business of a similar nature. If so, aoolicant shall furnish information as to the time. Mace and lenath of time. Whether annlicant has ever been in military service. If so, annlicant shall. upon reauest., exhibit all discharaes. ORDINANCE NO 86 -11 k. The name address and business address of each person who is enaaaed in Minnesota in the business of sellina, manufacturing or distribptina intoxicatina liauor and who is nearer of kin to the applicant or his spouse than second cousin,, whether of the whole or half blood. computed by the rules of civil law, or who is a brother -in -law or sister -in -law of the applicant or his spouse. 6.. The exact legal description of the uremises to be licensed toaether with a plot plan of the area showina dimensions and location of buildinas. 7. If a hermit from the Federal aovernment is reauired by the Laws of the United States, indicate whether or not such permit has been issued. and if so. reauired in what name issued and the nature o the permit. 8. The names and addresses of all persons, other than the applicant, who have anv financial interest in the business, buildinas, premises. fixtures, furniture: the nature of such interest. amount thereof, terms for pavment or other reimbursement. This shall include, but not be limited to anv lessees, lessors, mortaaaees. mortaaaors. lenders, lien holders, trustees trustors. and persons who have cosianed notes or otherwise loaned, pledaed, or extended security for anv indebtedness of the applicant. 9. Such other information as the Chief of Police shall require. Section 11 -504. RENEWAL APPLICATIONS. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license. If. in the iudament of the Citv Council, good and sufficient cause is shown by the applicant for his failure to file for a renewal within the time provided, the City Council mav, if the other provisions of this ordinance are complied with. arant the application. Section 11 -505. EXECUTION OF APPLICATION. Applications for On -Sale Club licenses shall be sianed and sworn to by the manaaer or an officer of the club. Section 11- 506. LICENSE FEES. 1. The annual license fee for an "on -sale club" license shall be as set by City Council Resolution. 2. The initial license fee shall be naid in full before the application for a license is accepted. Renewal license applications shall be filed by November 1 ORDINANCE NO. 86 -11 preceding each license vear. Renewal license fees shall be Daid in full by December 15 Drecedina each license vear. All fees shall be raid into the aeneral fund of the Citv. All licenses shall exnire on the last day of December of each vear. Upon resection of anv aonlication for a license, or upon withdrawal of aDDlication before aDnroval of the issuance by the City Council, the license fee shall be refunded to the aDDlicant. 3. The fee for an "on -sale club" license aranted after the commencement of the license vear shall be prorated on a daily basis. 4. When the license is for a Dremise where the buildina is not ready for occunancv, the commencement date for computation of the license fee for the initial license period shall be the date on which a certificate of occunancv is issued. 5. No transfer of a license shall be Dermitted from Mace to place or person to Derson without- comnlvina with the requirements of an oriainal aDDlication. 6. No Dart of the fee Daid for anv license issued under this ordinance shall be refunded except in the followina instances upon anDlication to the Council within 30 days from the haDDenina of the event. The Council may in its iudament 'refund a Dro rata portion of the fee for the unexpired Deriod of the license., computed on a monthlv basis. when operation of the licensed business ceases not less than one month before exDiration of the license because of: a, destruction or damaae of the licensed Dremises by fire or other catastrophe. b. a chance in the leaal status of the municiDality makina it unlawful for a licensed business to continue. 7. An investiaation shall be made of the aDDlication for an "On -.sale Club" license. however no fee shall be charged for the investiaation. The club shall,, however. notifv the Chief of Police within 30 days of anv chanae of manaaer or officers of the club and submit a Dersonal information form on the new individual (sI. Section 11 -507. INVESTIGATION OF APPLICATIONS. All aDDlications for a license shall be referred to the Chief of Police, an4 to such other Citv denartments as the Citv Manaaer shall deem necessary for verification and investiaation of the facts set forth in the aDDlication. The Chief of Police shall ORDINANCE NO. 86 -11 cause to be made such investiaation of the information reguested as shall be necessary and shall make a written recommendation and report to the Citv Council. The Citv Council mav authorize such additional investiaation as it shall deem necessarv. Section 11 -508. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by anv of the followina persons. The characteristics of anv officers. manaaers. directors. or others who reauire investiaation shall be attributed to the licensee: 1. Under 21 vears of aae. (For purposes of this ordinance. persons born before 9/1/67 are considered 21 vears of aae.) 2. Who is not of aood moral character. 3. Who. is not a citizen of the United States or a resident alien. or upon whom it is impractical to conduct a background and financial investiaation due to the unavailability of information. 4. Who has been convicted of anv willful violation of anv law of the United States. the State of Minnesota, or anv other state or territorv. or of anv local ordinance reaardina the manufacture, sale, distribution or possession for sale or distribution of intoxicating liauor. druas or prohibited substance. or whose liquor license has been revoked for anv willful violation of anv law or ordinance. 5. Who is a manufacturer or wholesaler of intoxicatinq liquor and no manufacturer or wholesaler shall either directly or indirectIv own or control or have anv financial interest in anv retail business sellinq intoxicatina liquor. 6 Who is the spouse of a person ineliaible for a license pursuant to the provisions of this section. Section 11 -509. PLACES INELIGIBLE FOR LICENSE. 1. No license shall be aranted, or renewed. for operation on anv premises. on which taxes. assessments or other financial claims of the City or of the State are due. delinauent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278 Minnesota Statutes auestionina the amount or validity of taxes, the Council mav, on application by the licensee. waive strict compliance with this provision: no waiver mav be aranted. however, for taxes or anv portion thereof. which remain unpaid for a period exceedina one year after becoming due. ORDINANCE NO. 86 -11 2 No license shall be issued for the nremises owned by a Berson to whom a license may not be aranted under this ordinance. 3. No license shall be aranted to anv oraanization that does not meet the definition of a "club 4. No license shall be granted for anv Dlace which has a common entrance or exit between anv two establishments except that a public concourse or Dublic lobbv shall not be construed as a common entrance or exit. Section 11 -510. CONDITIONS'OF LICENSE. I. Every license shall be aranted subiect to the conditions of the followina subdivisions and all other subdivisions of this ordinance and of anv other applicable ordinance of the Citv or State law. 2. The license shall be Dosted in a conspicuous Dlace in the licensed establishment at all times. 3. Anv police officer. building inspector. or anv emplovee so desianated by the Citv Manaaer. shall have the unaualified riaht to enter. insnect. and search the rremises of the licensee durina business hours without a warrant. Business hours are deemed anv time when licensee or emDlovees are present on the licensed Dremises. Refusal to Dermit such inspection is a violation of this ordinance and grounds for revocation of the license. 4. Every licensee shall be resDonsible for the conduct of his Mace of business and the conditions of sobriety and order in the Dlace of business and on the premises. 5. No "on -sale club" license holder shall sell intoxicatina liauor "off sale" 6. No license shall be effective bevond the space named in the license for which it was Granted. 7. No intoxicatina liquor shall be sold or furnished or delivered to anv intoxicated person. to anv habitual drunkard. to anv person under 21 vears of aae, or to anv person to whom sale is urohibited by State Law. (For purposes of this ordinance. persons born before 9/1/67 shall be considered 21 vears of aae.) 8. No person under 18 vears of aae shall be emploved in anv room constitutina the Mace in which "on -sale liauor" is sold at retail except that persons under 18 vears of aae may be emDloved to Derform the duties of a busbov or dishwashing service. L ORDINANCE NO. 86 -11 9. No eauinment or fixture in anv licensed place shall be owned in whole or in Dart by anv manufacturer or distiller of intoxicatinax liquor except such as shall be expressly permitted by State law. 10. No licensee shall sell. offer for sale. or keep for sale. intoxicatina liquors from anv oriainal nackaae which has been refilled or tartly refilled. No licensee shall directly_ or through anv other nersop delete or in anv manner tamoer with the contents of anv oriainal nackaae so as to chance its composition or alcoholic content while in the oriainal Dackaae. Possession on the premises by the licensee of anv intoxicating liquor in the oriainal Dackaae differina in composition or alcoholic content in the liauor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the oriainal nackaae have been diluted, chanaed or tampered with. 11. No licensee shall aDDly for or possess a Federal Wholesale Liquor Dealers special tax stamp or Federal aamblina stamp. 12. No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or Dermit their use on the premises as a beveraae or mixed with a beverage. 13. The business records of the licensee. including Federal and State tax returns. shall be available for inspection by the Citv Manaaer. or other duly authorized representative of the Citv at all reasonable times. 14. Chanaes in the manaaement. officers. or directors of the club shall be submitted to the Chief of Police within 30 days after such chances are made. 15. At the time of license renewal. the manaaer. officers I and directors of the club shall state the nature and amount of anv contributions made in the preceding five vears for state and local camnaian or political purposes. the Derson to whom the contribution was made and the Derson or oraanization form whom intended. This shall be done for the individuals and the club itself. 16. No licensee shall keen. D_ossess. or overate or Dermit the keeDina. Dossession, or operation of anv aamblina device or aDDaratus on the licensed Dremises, and he shall not Dermit anv aamblina therein. ORDINANCE NO. 86 -11 17. No licensee shall knowinalv permit the licensed premises or anv room in those premises or anv adioinina buildina directly or indirectly under his control to be used as a resort for prostitutes. 18. Every licensed premises which requires a oasscard. password. or passkey or other indicia of membershib as a condition of entrance thereto. shall provide the Chief of Police with such indicia of membership to be used only for the Durposes set forth in this ordinance. Section 11 -511. HOURS OF OPERATION. 1. No intoxicatina liauor shall be sold nor consumed nor permitted to be consumed within the licensed premise after 3:00 a.m. on Sundav nor until 8:00 a.m. on Monday. No intoxicatina liauor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of 1:00 a.m. and 8:00 a.m. on anv weekday. No "on -sale" shall be made after 8 :00 D.m. on December 24. 2. Orcxanizations who hold "on -sale club" licenses may obtain a sDecial license to serve intoxicatina liauor between the hours of 10:00 a.m. and 12:00 midniaht on Sundays in coniunction with the servina of food. Thev must show proof to the Chief of Police that food will be sold and that a minimum of 30 persons may be served at anv one time. section 11 -512. RESTRICTIONS ON PURCHASE AND CONSUMPTION. 1. No club holding an "on -sale club" license shall sell intoxicatina liauor except to members and bona fide auests. 2. No person under 21 years of aae shall misrepresent his aae for the Duroose of obtaining intoxicatina liauor nor shall he enter anv premises licensed for the retail sale of intoxicatina liquor for the burpose of Aurchasina or having served or delivered to him for consuming anv such intoxicatina liquor, nor shall anv I' such person purchase, attempt to Durchase. consume. or have another Derson purchase for him anv intoxicatina liauor. 3. No Derson under 21 years of aae shall receive delivery of intoxicatina liauor. 4_. No Derson shall induce a person under the aae of 21 vears to purchase or procure or obtain intoxicatina liauor. i ORDINANCE NO. 86 -11 5. Anv person who may appear to the licensee. his emDlovees or aaents to be under the aae of 21 vears shall, upon demand of the licensee, his emulovee or aaent. produce and permit to be examined a valid driver's license or identification card. 6. In every prosecution for a violation of the provisions of this ordinance relatina to the sale or furnishina of intoxicatina liquor to persons under the aae of 21 vears. and in every proceedina before the Citv Council with respect thereto the fact that the Berson involved has obtained and presented to the licensee, his emblovee or agent, a verified identification from which it appears that said person was 21 vears of aae and was reaularly issued such identification card, shall be prima facie evidence that the licensee, his agent or emnlovee, is not auilty_ of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred. was not willful or intentional. 7. No person shall aive. sell, procure or purchase intoxicatina liauor to or for anv person to whom the sale of intoxicatina liquor is forbidden by law. 8. No intoxicatina liquor shall be consumed on a public hiahwav or in an automobile. Section 11 -513. LIABILITY INSURANCE. Subdivision 1. Insurance Reauired. At the time of filina an application for an on -sale club license, the applicant shall file with the Chief of Police proof of financial responsibility for liability which shall be subiect to the annroval of the City Council. The issuer or suretv on anv liability insurance policv or bond shall be duiv licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution by the Citv Attornev. The licensee and the City shall be named as Joint insureds on the liability insurance" policv. The oolicv shall be effective to the entire license vear. Subdivision 2. Form of Proof of Financial Resbonsibility. Proof of financial restionsibility may be provided by suDDlvina to the Chief of Police anv of the followina proofs: A A certificate that there is in effect an annual aaareaate insurance policv for dram shop insurance of not less than 5300.000.00 ner policv vears or b. A bond of a suret company minimum coveraaes as provided in clause (a), or �I Il ORDINANCE NO. 86 -11 c. A certificate of the State Treasurer that the licensee has deposited with him 5300.000.00 in cash or securities which may leaally be purchased by savings banks or for trust funds havina a market value of 5300.000.00. Subdivision 3. Anv liability insurance required by this section must provide that it may not be canceled for anv cause by either the insured or the insurer unless the canceling party has first aiven ten days' notice in writina to the issuina authority of intent to cancel the nolicv. Subdivision 4. The insurance limits outlined in this section become effective on 1987 license renewals and any new licenses au_ nlied for after this ordinance change becomes effective. Section 11 -514. REVOCATION. The Citv Council may suspend or revoke anv intoxicating lia_uor license and may impose a civil fine not to exceed S2.000.00�l_oursuant to M.S. 340A.465 for the violation of anv Drovision or condition of this ordinance or of anv State law or Federal law reaplatina the sale of intoxicatina liquor, and shall revoke such license for anv willful violation which. under the laws of the State. is arounds for mandatory revocation. and shall revoke for failure to keen the insurance reauired by Section 11 -515 in full force and effect. Nonmandatory revocation or suspension by the Council shall be zareceded by written notice to the licensee and a public hearina. The notice shall aive at least 10 days' notice of the time and place of the hearina and shall state the nature of the charges aaainst the licensee. The notice may be served ution the r licensee personally or by leavina the same at the licensed premises with the Derson in charge thereof. No suspension after public hearina shall exceed 60 days. Section 11 -515. PENALTIES. Anv nerson volatioa anv provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof. shall be punished by a fine of not more than seven hundred dollars 15700.001 and imprisonment for not more than 90 days, or both. together with the cost of nrosecution, I ORDINANCE NO. 86 -11 CHAPTER 11 LIQUOR ORDINANCES WINE (INTOXICATING LIOUOR) LICENSES Section 11 -601. DEFINITION OF TERMS. 1. The term "intoxicatina liauor" shall mean and include ethvl alcohol and include distilled.. fermented. spirituous, vinous. and malt beveraaes containing in excess of 3.2% of alcohol by weiaht. 2. The terms "sale" and "sell" mean and include all barters and all manners or means of furnishina intoxicatina liquor or liquors as above described in violation or evasion of law. 3. The term "off -sale" means the sale of intoxicatina liauor in the oriainal oackaae in retail stores for consumption off or awav from the premises where sold. 4. The term "on -sale liquor" means the sale of intoxicatina liauor by the alass. or by the drink for consumption on the premises only. 5. The term "wholesale" means and includes anv sale for purooses of resgLle. The term "wholesaler" means any person enaaaed in the'business of sellina intoxicatina liquor to retail dealers. 6. The term "manufacturer" includes every oerson who. by anv process of manufacture. fermentina brewing. distillina. refining. rectifvina blendina. or by the combination of different materials. nrenares or Droduces intoxicatina liauors for sale. 7. As used in this ordinance. the term "oerson" includes a natural oerson of either sex. DartnershiD. corporation and association of Dersons and the aaent or manaaer of anv of the aforesaid. The sinaular number includes the plural and the masculine oronoun includes the feminine and neuter. 8. The terms "oackage" or "original uackaae" mean anv corked or sealed container or receptacle holdina intoxicatina liauor. 9. The term "restaurant" means anv establishment under the control of a sinale nroDrietor or manager. having aDDroDriate facilities to serve meals and for seating not less than 75 auests at one time. and where in consideration of Davment therefor. meals are reaularly served at tables to the aeneral public, and which emplovs an adeauate staff to provide the usual and r ORDINANCE NO. 86 -11 suitable service to its guests, and a sianificant Dart of the business of which is the serving of foods. 10. The term "wine" means a vinous beveraae containing not more than 14 percent alcohol by volume. 11. The term "on -sale wine" means the sale of wine for consumption on the Dremises only. 12. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the elan submitted to the Chief of Police with the oriainal license. outside areas, such as Ratios or Darkina lots. shall not be included unless specifically listed on the license or sne cial perm' a a limited fission in writin is obtained for period of time under certain conditions. Section 11 -602. LICENSE REOUIRED. 1. No person except wholesalers or manufacturers to the extent authorized under State license. and except the municipal liquor store. shall directly or indirectly deal in, sell, or keep for sale any intoxicatna liquor without first having received a license to do so as provided in this ordinance. 2. "On -Sale Wine" licenses shall be granted only to restaurants which are conducted in such a manner that a sianificant Dart of the revenue for a license vear is the sale of foods. Onlv the sale of wine not exceedincr 14 percent alcohol by volume for consumption on the licensed Dremises, in coniunction with the sale of food shall be Dermitted. a. for wine licenses, the term "significant Dart" means 50% or more of the anDlicable revenue derived from the serving of food. Section 11 -603. NUMBER OF LICENSES ISSUED. The number of "on -sale wine" licenses shall be unlimited. Section 11 -604. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicatina liquor shall be verified and filed with the Chief of Police. In addition to the information which may be required by the State Commissioner of Public Safetv's form, the aDDlication shall contain the following: 1. Whether the applicant is a natural person, corporation, partnership or other form of organization. 2. Tvne of License aDDlicant seeks. ORDINANCE NO. 86 -11 3. If the aox)licant is a natural Berson. the following information: a. True name. tilace and date of birth. and street resident address of annlicant. b. Whether aDDlicant has ever used or been known by a name other than his true name and. if so. what was such name. or names and information concernina dates and places where used. c. The name of the }business if it is to be conducted under a designation, name or stvle other than the full individual name of the aoolicant: in such case a conv of the certification. as reauired by Chatter 333. Minnesota Statutes. certified by the Clerk of District Court. shall be attached to the apniication. d. Whether the anblicant is married or sinale. If married. true name. vlace and date of birth and street residence address of aoolicant's oresent spouse. e. Whether aonlicant and oresent spouse are reaistered voters and if so. where. f. Street address at which aDDlicant and present spouse have lived during the tirecedina ten vears. g. Kind. name and location of every business or occupation aDDlicant or oresent spouse have been enaaaed in durina the tirecedina ten vears. h. Names and addresses of anulicant's and spouse's emnlovers and partners, if anv. for the tirecedina ten years. i_. Whether anDlicant or his spouse. or a oarent.. brother. sister or child of either of them. has ever been convicted of anv felony. crime. or violation of anv ordinance. other than traffic. If so. the anDlicant shall furnish information as to the time. tilace and offense for which convictions were had. Whether ax)nlicant or his spouse. or a parent., brother. sister or child of either of them has ever been enaaaed as an emnlovee or in oDeratina a saloon. hotel. restaurant. cafe. tavern Qr other business of a similar nature. If so, avnlcant shall furnish information as to the time. place L and lenath of time. r ORDINANCE NO. 86 -11 I k. Whether aoolicant has ever been in military r, service. If so, aoolicant shall. upon request, exhibit all discharges. 1. The name. address and business address of each Derson who is enaaaed in Minnesota in the business of selling, manufacturina or distributing intoxicatina liauor and who is nearer of kin to the aoolicant or his spouse than second cousin. whether of the whole or half blood, combuted by the rules of civil law. or who is a brother -in -law or sister -in -law of the aoolicant or his spouse. 4. If the aoolicant is a nartnershiD. the names and addresses of all partners and all information concernina each partner as is reauired of a single aoolicant in Subsection 3 above. A manaaina partner, or Dartners shall be designated. The interest of each partner in the business shall be disclosed. A true coov of the nartnershiD aareement shall be submitted with the aoolication and if the DartnershiD is required j to file a certificate as to a trade name under the provisions of Chanter 333, Minnesota Statues, a coDV of such certificate certified by the Clerk of District Court shall be attached to the application. 5. If the aoolicant is a corporation or other oraanization and is aox)lvina for an "on -sale wine" license, the following_ a. Name. and if incorporated. the state of incorporation. b. A true coov of Certificate of Incorporation. Articles of Ineorporation or Association Aareement and Bvlaws and if a foreian cormoration. a Certificate of Authority as described in Chapter 303. Minnesota Statutes. C. The name of the manaaer or oronrietor or other aaent in charge of the oremises to be licensed., aivina all the information about said Berson as is reauired of a single aoolicant in Subsection 3 above. d. The aoolication shall contain a list of all Dersons, who. sinalv or toaether with their spouse. or a parent. brother, sister of child of either of them. own or control an interest in said corporation or association in excess of 5% or who are officers or directors of said corporation or association toaether with their addresses and all information as is reauired of a single aoolicant in Subsection 3 above. r ORDINANCE NO. 86 -11 6. The exact leaal description of the premises to be licensed toaether with a plot plan of the area showina dimensions and location of buildinas. 7. An applicant for "On -Sale Wine" license shall submit a floor plan of the dinina room, or dinina rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. 8. If a permit from the Federal aovernment is reauired by the Laws of the United States. indicate whether or not such hermit has been issued, and if so. required in what name issued and the nature of the permit. 9. The amount of the investment that the applicant has in the business. building. premises, fixtures, furniture. stock in trade, et cetera, and proof of the source of such money. 10. The names and addresses of all persons, other than the applicant. who have anv financial interest ip the business. buildinas, premises. fixtures. furniture. stock in trade: the nature of such interest, amount thereof. terms for pavment or other reimbursement. This shall include, but not be limited to anv lessees lessors. mortaaaees. mortaaaors, lenders, lien holders trustees. trustors, and persons who have cosianed notes or otherwise loaned, pledaed. or extended security for anv indebtedness of the applicant. but shall not include persons ownina or controlling less than a 5% interest in the business. if a corporation. 11. The names, residences and business addresses of three persons. residents of the State of Minnesota, of aood moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character or. in the case where information is reauired for a manaaer. the manager's character. 12. Whether or not all real estate and personal nroperty taxes for the premises to be licensed which are due and bavable have been paid, and if not paid, the vears and amounts which are unpaid. 13. Whenever the application for an "on -sale wine" license or for transfer thereof is for premises either planned or under construction or underaoina substantial alteration, the application shall be accompanied by a set of preliminary plans showina the desian of the proposed premises to be licensed. ORDINANCE NO. 86 -11 14 Such other information as the Chief of Police shall require. Section 11 -605. RENEWAL APPLICATIONS. ADnjications for renewal of an existina license shall be made at least 60 days nrior to the date of expiration of the license. If, in the iudament of the City_ Council. aood and sufficient cause is shown by an annlicant for his failure to file for a renewal within the time provided, the City Council may. if the other nrovisions of this ordinance are comnlied with. avant the application. At the earliest practicable time after application is made for a renewal of an "on -sale wine" license. and in any event prior to the time that the application is considered by the City Council. the annlicant shall file with the Chief of Police a statement nrenared by a certified oublic accountant that shows the total cross sales and the total food sales of the restaurant for the twelve month period immediately nrecedina the date for filina renewal annlications. A foreian corporation shall file a current Certificate of Authority. Section 11 -606. EXECUTION OF APPLICATION. If the application is by a natural person, it shall be signed and sworn to by such person: if by a corporation, by an officer thereof; if by a partnership. by one of the partners: if by an unincornorated association. by the manager or manaaina officer thereof. If the applicant is a partnership, the application. license and bond (or insurance oolicv) shall be made and issued in the name of all partners. Section 11 -607. LICENSE FEES. 1. The annual license fee for "on -sale wine" license shall be in an amount as set forth by City Council resolution. 2.. The initial license fee shall be paid in full before the application for a license is accented. Renewal d license fees shall be raid in full at the time of application for renewal. All fees shall be paid into the aeneral fund of the City. All licenses shall exbire on the last day of December of each year. Ubon resection of any application for a license, or unon withdrawal of application before anproval of the issuance by the city Council. the license fee shall be refunded to the annlicant. 3. The fee for an "on -sale wine" license aranted after the commencement of the license year shall be prorated on a daily basis. 4. When the license is for a premise where the buildina is not ready for occunancv. the commencement date for ORDINANCE NO. 86 -11 computation of the license fee for the initial license period shall be the date on which a certificate or occuDancv is issued. 5. No transfer of a license shall be permitted from place to place or person to person without comDlvina with the requirements' of an oriainal annlication except as provided by Subdivision 9 of this section. For purposes of this subdivision. a chanae in the controllina interest of the licensee is deemed a transfer of the license. 6 No Dart of the fee paid for anv license issued under this ordinance shall be refunded except in the followina instances upon aDDlication to the Council within 30 days from the haDuenina of the event. The Council may in its iudament refund a Dro rata Dortion of the fee for the unexpired Deriod of the license. computed on a monthlv basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: a. destruction or damage of the licensed Dremises by fire or other catastrophe. b. the licensee's illness. c. the licensee's death. d. a chanae in the leaal status of the municipality making it unlawful for a licensed business to continue. 7. At the time of each oriainal aDDlication for a license. the aDDlicant shall Dav in full an investiaation fee. the amount of which is set by City Council resolution. 8. At anv time that an additional investiaation is reauired because of a license renewal, a chanae in the ownership or control of the licensee or because of an enlaraement. alteration, or extension of Dremises previousl.v licensed, the licensee shall Dav an investiaation fee as set :forth in subdivision 7 of this section. The investiaation fee shall accomDanv the application. 9. Where a new aDDlication is filed as a result of incorporation by an existina licensee and the ownership. control and interest in the licensg are unchanged. no additional license fee will be reauired. Section 11 -608. INVESTIGATION OF APPLICATIONS. All aDDlications for a license shall be referred to the Chief of Police and to such other Citv departments as the Citv Manaaer I ORDINANCE NO. 86 -11 i shall deem necessary for verification and investiaation of the facts set forth in the application. The Chief of Police shall cause to be made such investia_ation of the information reauested in this ordinance as shall be necessary and shall make a written recommendation and report to the City Council. The City Council may authorize such additional investiaation as it shall deem necessarv. Section 11 -609. PERSONS INELIGIBLE FOR LICENSE. No license shall be aranted to or held by anv of the followina bersons. The characteristics of anv owners. officers. manaaers. emolovees -or others who require investiaation under this ordinance hereof shall be attributed to the licensee: 1. Under 21 years of aae. (For burooses of this ordinance. oersons born before 9/1/67 shall be considered 21 years of aae.) 2. Who is not of aood moral character. 3. Who, is not a citizen of the United States or a resident alien. or upon whom it is impractical to conduct a background and financial investiaation due to the unavailability of information. 4. Who has been convicted of anv willful violation of anv law of the United States, the State of Minnesota. or anv other state or territorv. or of anv local ordinance reaardina the manufacture. sale. distribution or possession for sale or distribution of intoxicating liauor. drugs or prohibited substance.. or whose liauor license has been revoked for anv willful violation of anv law or ordinance. 5. Who is a manufacturer or wholesaler of intoxic4tinq liauor and no manufacturer or wholesaler shall either directly or indirectly own or control o have anv financial interest in anv retail business selling intoxicati.na liauor. 6. Who is directly or indirectly interested in anv other establishment in the City of Brooklyn Center to which an "on -sale liauor" or an "on -sale wine" license has been issued under this ordinance. 7. Who. if a corporation. does not have a manaaer who is eligible pursuant to the provisions of this section. 8. Who is the spouse of a person inel for a license pursuant to the orovi.sions of subdivision 4. 5. or 6 of this section or who. in the iudcrment of the City, Council. is not the real party in interest or beneficial owner of the business ooerated. or to be operated, under the license. i ORDINANCE NO. 86 -11 9. An "on -sale wine" license will not be renewed if, in the case of an individual. the licensee is not a resident of the Twin metropolitan area at the time of the date for renewal: if. in the case of a partnership. the manaaina partner is not a resident of the Twin Cities metropolitan area at the time of renewal: or in the case of a corboration. if the manaaer is not a resident of the Twin Cities metroDolitan area at the time of the date of renewal. The TWIN CITIES METROPOLITAN AREA is defined as beina comnrised of the counties of Anoka. Carver. Dakota. HenneDin. Ramsev. Scott and Washinaton. 10. No Derson shall own an interest in more than one establishment or business within Brooklvn Center for which an "on -sale liauor" or an "on -sale wine" license has been aranted. The term "interest" as used in this section includes anv Decuniary interest in the ownership. oDeration. manaaement or Drofits of a retail liauor establishment, but does not include bona fide loans: bona fide fixed sum rental aareements: bona fide open accounts or other obliaations held with or without security arisina out of the ordinary and reaular course of business of selling or leasina merchandise, fixtures or sunDlies to such establishment: or an interest of 10 Dercent or less in anv corporation holdina a license. A uerson who received monies from time to time directly or indirectly from a licensee. in the absence of a bona fide consideration therefor and excluding bona fide aifts or donations. shall be deemed to have a oecuniary interest in such retail license. In determinina "bona fide" the reasonable value of the goods or Chinas received as consideration for anv Davment by the licensee and all other facts reasonably tendina to Drove or disprove the existence of anv Durposeful scheme or arranaement to evade the Drohibitions of this section shall be considered. Section 11 -610. PLACES INELIGIBLE FOR LICENSE. 1. No license shall be aranted. or renewed. or oDeration on anv premises, on which taxes. assessments or other financial claims of the Citv or of the Slate are due.. delinauent or unpaid. In the event an action has been commenced Dursuant to the Drovisions of Chanter 278 Minnesota Statutes auestionina the amount or validity of taxes, the Council mav, on aDDlication by the licensee. waive strict compliance with this Drovisions no waiver may be aranted. however, for taxes or anv Dortion thereof, which remain unpaid for a period exceedina one near after becoming due. rj ORDINANCE NO. 86 -11 2. No license shall be issued for the Dremises owned by a person to whom a license may not be aranted under this ordinance. except anv owner who is a minor. nonresident alien. or a person Who has been convicted of a crime other than a violation of Minnesota Statutes. Chanter 340A. 3. No "on -sale wine" license shall be aranted for a restaurant that does not have a minimum sestina area in the dinina area. oven to the general Dublic. of at least 75 seats. 4. No license shall be aranted for anv Mace which has a common entrance or exit between anv two establishments except that a public concourse or public lobbv shall not be construed as a common entrance or exit. Section 11 -611. CONDITIONS OF LICENSE. 1. Every license shall be aranted subiect to the conditions of the followina subdivisions and all other subdivisions of this ordinance and of anv other aDDlicable ordinance of the Citv or State law. 2. The license shall be hosted in a conspicuous Dlace in the licensed establishment at all times. 3. Anv Dolice officer. buildina inspector, or anv emDloveo so desianated by the Citv Manaaer shall have the unqualified riaht to enter. inspect. and search the premises of the licensee during business hours without a warrant. Business hours shall be deemed anv time when licensee or emnlovees are Dresent on the Dremises. Refusal to permit such inspection is a violation of this ordinance and grounds for revocation of the license. 4. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. 5. No "on -sale wine" licenses shall sell intoxicating liquor "off- sale 6. No license shall be effective beyond the space named in the license for which it was aranted. 7. No intoxicatina liquor shall be sold or furnished or delivered to anv intoxicated person. to anv habitual drunkard. to anv Derson under 21 vears of aae. or to anv person to whom sale is prohibited by State law. ORDINANCE NO. 86 -11 8. No person under le vears of aae shall be emDloved in anv room constitutina the place in which "on -sale wine" is sold at retail except that persons under 18 veers of aae may be employed to perform the duties of a busboy or dishwashina services in places defined as a restaurant servina food in rooms in which "on -sale wine" is sold at retail. 9. No eauipment or fixture in anv licensed place shall be owned in whole or in Dart by anv manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by State law. 10. No licensee shall sell. offer for sale. or keep for sale. intoxicating liauors from anv original packaae which has been refilled or Dartiv refilled. No licensee shall directly_ or through anv other person delete or in anv manner tamper with the contents of anv oriainal Dackaae so as to chanae its composition or alcoholic content while in the original packaae. Possession on the premises by the licensee of anv intoxicating liauor in the oriainal packaae differina in composition or alcoholic content in the liauor when received from the manufacturer or wholesaler from whom it was purchased. shall be prima facie evidence that the contents of the oriainal Dackaae have been diluted.. chanaed or tampered with. 11. No licensee shall aDDly for or possess a Federal Wholesale Liauor Dealer's special tax stamp or Federal aamblina stamp. 12. No licensee shall keen ethvl alcohol or neutral spirits on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. 13. The business records of the licensee. includina Federal and State tax returns. shall be available for inspection by the Citv Manaaer. or other dulv authorized representative of the Citv at all reasonable times. Business records for accountina functions r eauired to demonstrate a wit the provisions i compliance h of this ordinance shall be nrenared in accordance with i standard accountina uractices as determined by the Citv Manaaer or his desianees. 14. Chanaes in the corporate or association officers. corporate charter. articles of incorporation. bvlaws or partnership agreement, as the case may be. shall be submitted to the Chief of Police within 30 days after such chances are made. In the case of a corporation. the licensee shall notifv the Chief of Police when a person not listed in the aDnlication acauires an interest which. toaether with that of his spouse. ORDINANCE NO. 86 -11 Darent. brother. sister or child. exceeds 5 and shall wive all information about said person as is required of a person pursuant to the urovisions of Section 11 604. subdivision 3. of this ordinance. 15. At the time a licensee submits his aDDlication for renewal of a license. he shall state the nature and amount of anv contribution he has made in the nrecedina five years for state and local camnafan or Dolitical Durnoses. the Derson to whom the contribution was made and the Derson or organization for whom intended. 16. A licensed restaurant shall be conducted in such a manner that a sianificant Dart of the business for a license vear is the servina of foods. 17. No licensee shall keep. possess. or overate or hermit the keeuina. possession. or operation of anv aamblina device or apparatus on the licensed premises, and he shall not Dermit anv aamblina therein. 18. No licensee shall knowinaly Dermit the licensed Dremises or anv room in those Dremises or anv ad buildina directly_ or indirectly under his control to be used as a resort for urostitutes. Section 11 -612. HOURS OF OPERATION. No intoxicatina liquor shall be sold nor consumed nor permitted to be consumed within the licensed Dremises after 1:00 a.m. on Sundav nor until 8:00 a.m. on Monday. No intoxicatina liauor shall be sold nor consumed nor Dermitted to be consumed within a licensed Dremise between the hours of 1:00 a.m. and 8:00 a.m. on anv weekday. No "one- sale" shall be made after 8:00 D.m. on December 24. On Sundays, wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10:00 a.m. and 12:00 midniaht in conjunction with the serving of food. Section 11 -613. RESTRICTIONS ON PURCHASE AND CONSUMPTION. 1. No terson under 21 veers of aae shall misrepresent his aae for the Durpose of obtaining intoxicatina liauor nor shall he enter anv premises licensed for the retail sale of intoxicatina liauor for the nurpose of purchasing or havina served or delivered to him for consumina anv such intoxicatina liauor. nor shall anv such person purchase. attempt to purchase, consume, or have another person Durchase for him anv intoxicating liauor. 2_. No Derson under 21 vears of aae shall receive delivery of intoxicatina liquor. I ORDINANCE NO. 86 -11 3. No person shall induce a person under the aae of 21 vears to purchase or procure or obtain intoxicating liquor. 4. Anv person who may appear to the licensee. his emolovees or aaents to be under the aae of 21 years, shall. upon demand of the licensee. his emblovee or agent. Droduce and permit to be examined a valid driver's license or identification card. 5. In every Drosecution for a violation of the provisions of this ordinance relatina to the sale or furnishing of intoxicatina liauor to Dersons under the aae of 21- vears. and in every Droceedina before the City Council with respect thereto the fact that the minor involved has obtained and presented to the licensee. his emnlovee or aaent. a verified identification from which it appears that said person was 21 years of aae and was regularly issued such identification card. shall be prima facie evidence that the licensee. his aaent or emDlovee is not auiltv of a violation of such a provision and shall be conclusive evidence that a violation. if one has occurred. was not willful or intentional. 6. No person shall aive. sell. procure or purchase intoxicatina liauor to or for anv person to whom the sale of intoxicatina liauor is forbidden by law. 7. No intoxicatina liauor shall be consumed on a public hiahwav or in an automobile. Section 11 -614. LIABILITY INSURANCE. Subdivision 1. Insurance Reauired. At the time of filing an application for anv on -sale intoxicatina liauor license, thg applicant shall file with the Chief of Police proof of financial responsibility for liability which shall be subiect to the approval of the City Council. The issuer or surety on anv liability insurance nolicv or bond shall be duly licensed to d© 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 Citv shall be named as ioint insureds on the liability insurance Dolicv. The Dolicv shall be effective for the entire license vear. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be nrovided by suDDlvina to the Chief of Police anv of the following proofs: a. A certificate that there is in effect an _annual aaareaate insurance Dolicv for dram shoe insurance of not less than 5300.000.00 Der Dolicv near: or I ORDINANCE NO. 86 -11 b. A bond of a surety comuanv with minimum coveraaes as i provided in clause (a); or C. A certificate of the State Treasurer that the licensee has deposited with him 5300.000.00 in cash or securities which mav_ legally be purchased by savinas banks or for trust funds having a market value o€ $300.000.00. Subdivision 3. Anv liability insurance required by this section must provide that it mav not be canceled for anv cause by either the insured or the insurer unless the canceling tarty has first aiven ten days' notice in writing to the issuina authoritv of intent to cancel the nolicv. Subdivision 4. The insurance limits outlined in this section become effective on 19 87 license renewals and anv new licensgs annlied for after this ordinance change becomes effective. Section 11 -615. REVOCATION. The City Council mav suspend or revoke anv intoxicatina liquor license and mav impose a civil fine not to exceed 52.000.00 pursuant to M.S. 340A.465 for the violation of anv provision or condition of this ordinance or of anv State law or Federal law reaulatina the sale of intoxicatina liauor. and shall revoke such license for anv willful violation which, under the laws of the State, is grounds for mandatory revocation. and shall revoke for failure to keep the insurance required by Section 11 -614 in full force and effect. Nonmandatory revocation or suspension by the Council shall be preceded by written notice to the licensee and a Dublic hearing. The notice shall aive at least 10 daysI notice of the time and place of the hearina and shall state the nature of the charaes aaainst the licensee. The notice mav be served upon the licensee personally or by leavina the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. Section 11 -616. PENALTIES. Anv person violating anv provision of this ordinance shall be auiltv of a misdemeanor, and upon conviction thereof. shall be punished by a fine of not more than seven hundred dollars (5700.00) and imprisonment for not more than 90 days, or both, toaether with the cost of prosecution. ORDINANCE NO. 86 -11 CHAPTER 11 LIOUOR ORDINANCES INTOXICATING LIOUOR LICENSES Section 11 -701. DEFINITION OF TERMS. 1. The term "intoxicatina liauor" shall mean and include ethvl alcohol and include distilled, fermented. spirituous. vinous. and malt beveraaes containina in excess of 3.2% of alcohol by weiaht. 2. The terms "sale" and "sell" mean and include all barters and all manners or means of furnishina intoxicatina liauor or liquors as above described in violation or evasion of law. 3. The term "off- sale" means the sale of intoxicatina liquor in the oriainal packaae in retail stores for consumption off or awav from the premises where sold. 4. The term "on -sale liquor" means the sale of intoxicatina liquor by the alass. or by the drink for consumption on the premises only. 5. The term "wholesale" means and includes anv sale for nurposes of resale. The term "wholesaler" means anv person enaaaed in the business of sellina intoxicatina liquor to retail dealers. 6. The term "manufacturer" includes every person who., by anv process of manufacture. fermentina brewing. distillina, refinina. rectifvina blendina. or by the combination of different materials, prepares or produces intoxicatina liauors for sale. 2. As used in this ordinance. the term "person" includes a natural person of either sex. vartnership. corporation and association of persons and the agent or manager of anv of the aforesaid. The sinaular number includes the plural and the masculine bronoun includes the feminine and neuter. 8. The terms "nackaae" or oriainal packaae" mean anv corked or sealed container or recebtacle holdina intoxicatina liquor. 9. The term "hotel" means and includes anv establishment having a resident proprietor or manager. where. in consideration of pavment therefor. food and lodaina are regularly furnished to transients. which maintains for the use of its auests not less than 100 guest rooms with bedding and other usual. suitable and necessary furnishinas in each room. which is provided at the main I� i ORDINANCE NO. 86 -11 entrance with a suitable lobbv desk, and office for the reaistration of its guests on the around floor, which emnlovs an adea_uate staff to provide suitable and usual service. and which maintains under the same management and control as the rest of the establishment and has. as an intearal Dart thereof. a dinina room with aDnronriate facilities for seatina not less than 100 guests at one time. where the aeneral Dublic are. in consideration of navment therefor, served with meals at tables. 10. The term "restaurant" means anv establishment under the control of a sinale proprietor or manager. havina appropriate facilities to serve meals and for sestina not less than 150 auests at one time. and where in consideration of navment therefor. meals are reaularly served at tables to the aeneral public, and which emnlovs an adequate staff to Drovide the usual and suitable service to its guests, and a sianificant Dart of the business of which is the servina of foods. 11. The term "premises" as used in this ordinance, shall mean the inside of the buildina or the leased space inside a buildina as shown on the plan submitted to the Chief of Police with the oriainal license. Outside areas, such as n_atios or Darkina lots, shall not be included unless snecifically listed on the license or special permission in writina is obtained for a limited period of time under certain conditions. Section 11 -702. LICENSE REQUIRED. 1. No person except wholesalers or manufacturers to the extent authorized under State license, and except the municipal liauor store, shall directly or indirectly deal in. sell. or keen sale anv intoxicating liquor without first havina received a license to do so as provided in this ordinance. 2. "On -Sale Liauor" licenses shall be issued only to restaurants which are conducted in such a manaaer that a sianificant Dart of the revenue for a license vear is the sale of foods, and to hotels conducted in such a manner that, of that Dart of the total revenue derived from the servina of foods and intoxicatina liauors. a sianificant Dart thereof for the license vear is derived from the servina of foods. The term "sianificant Dart" is defined under each license class. 3. The followina are the tvnes of "on -sale liquor" licenses which can be issued under this sections a. On -Sale Class A Liauor Licenses 80% or more of the aDnlicable revenue derived from the servina of ORDINANCE NO. 86 -11 i foods: Class A licenses are available to all hotels and restaurants. A b. On -Sale Class B Liauor License: 505 throuah 79% of the aDDlicable'revenue derived from the servina of foods: Class B licenses are available to all hotels and restaurants. C. On -Sale Class C Liauor License: 40% through 49% of the aDDlicable revenue derived from the servina of foods: Class C licenses are available onlv to hotels and to restaurants which derive a considerable Dart of their revenue from sources other than liauor and food. d. On -Sale Class D Liauor License: This is a probationary license for new aDDlicants who have not established a ratio between food and liauor for the licensed Dremises. Twelve months of documentation of food and liquor sales shall be presented to the Chief of Police on or before renewal time to determine the aDDroDriate license class for the following year. If such documentation is not available. the Drobationary license shall be extended for no more than one additional vear. Otherwise. a Class A. B. or C license will be assianed based on established ratio. e. Sundav On -Sale Liauor License Establishments to which "on -sale liauor" licenses have been issued may file an anDlication with the Chief of Police to serve intoxicating liauor during set hours on Sundays in coniunction with the sale of food. f. TemDorary On -Sale Liquor License: Anv club. or charitable. reliaious or other nonprofit oraanization in existence for at least three vears. may be issued a temDorary license for the on -sale of intoxicatina liquor in connection with a social event within the city sponsored by the licensee. The license may authorize the on -sake of intoxicatina liauor for not more than three consecutive days. and may authorize on- sales on premises other than Dremises the licensee owns or Dermanentiv occupies. The license may provide that the licensee may contract for intoxicatinq liauor caterina services with the holder of a full -vear on -sale intoxicatina liquor license issued by a municipality. Licenses under this subdivision are not valid unless first aDDroved by the commissioner of Dublic safety. i ORDINANCE NO. 86 -11 a Special Provision: snorts. conventions. or cultural facilities: The City Council may authorize a holder of a retail on -sale intoxicatina liquor license to disnense intoxicatina liauor at anv convention. banauet. conference. meetina or social affair conducted on the nremises of a snorts. convention or cultural facility owned by the municipality and located within the mupicinality. The licensee must be enaaaed to disnense intoxicatina liquor at an event held by a person or oraanization permitted to use the nremises. and may disnense intoxicatina liauor onlv to nersons attendina the event. The licensee may not disnense intoxicating liquor to anv nerson attendina or narticinatina in an amateur athletic event held on the nremises. Section 11 -703. NUMBER OF LICENSES ISSUED. The number of "on -sale liauor" licenses issued by the City of Brooklvn Center shall be limited to 18. Section 11 -704. APPLICATIONS FOR LICENSE. Every annlication for a license to sell intoxicatina liauor shall be verified and filed with the Chief of Police. In addition to the information which may be required by the State Commissioner of Public Safety's form. the an_n_lication shall contain the followina: 1. Whether the annlicant is a natural person. cornoration. nartnershin or other form of oraanization. 2. Tvne of license annlicant seeks. 3. If the annlicant is a natural nerson. the followina information: a. True name. nlace and date of birth. and street resident address of annlicant. b. Whether annlicant has ever used or been known by a name other than his true name and. if so. what was such name. or names and information concernina dates and places where used. C. The name of the business if it is to be conducted under a desianation. name or stvle other than the full individual name of the annlicant: in such case a conv of the certification. as reauired by Chanter 333. Minnesota Statutes. certified by the Clerk of District Court. shall be attached to the annlication. d. Whether the annlicant is married or sinctle. If married. true name. nlace and date of birth and ORDINANCE NO. 86-11 street residence address of applicant's present spouse. e. Whether anplicant and present spouse are reaistered voters and if so. where. f. Street address at which applicant and present spouse have lived durina the nrecedina ten vears. e Kind. name and location of every business or occupation applicant or present spouse have been enaaaed in durina the nrecedina ten vears. h. Names and addresses of annlicant's and snouse's emnlovers and partners. if anv, for the Drecedina ten vears. i. Whether applicant or his spouse, or a parent. brother. sister or child of either of them. has ever been convicted of anv felonv, crime, or violation of anv ordinance. other than traffic. If so, the applicant shall furnish information as to the time. place and offense for which convictions were had. j, Whether applicant or his soouse. or a parent. brother. sister or child of either of them has ever been enaaaed as an emplovee or in operatina a saloon, hotel, restaurant. cafe. tavern or other business of a similar nature. If so. applicant shall furnish information as to the time. place and lenath of time. k. Whether applicant has ever been in military service. If so. applicant shall. upon request. exhibit all discharaes. 1. The name, address and business address of each person who is enaaaed in Minnesota in the business of sellina, manufacturina or distributina intoxicatina liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of the whole or half 1plood. computed by the rules of civil law. or who is a brother -in -law or sister -in -law of the applicant or his spouse. 4. If the applicant is a partnershin, the names and addresses of all partners and all information concernina each partner as is required of a single applicant in Subsection 3 above. A manaaina oartner, or partners shall be designated. The interest of each partner in the business shall be disclosed. A true conv of the partnership aareement shall be submitted with the application and if the partnership is reauired ORDINANCE NO. 86 -11 to file a certificate as to a trade name under the provisions of Chapter 333. Minnesota Statues. a copy of such certificate certified by the Clerk of District Court shall be attached to the application. 5. If the applicant is a corporation or other organization and is apolvina for an "on -sale liquor" license. the following: a. Name. and if incorporated, the state of incorporation. b. A true copv of Certificate of Incorporation. Articles of Incorporation or Association Aareement and Bvlaws and if a foreian corporation. a Certificate of Authoritv as described in Chapter 303. Minnesota Statutes. C. The name of the manaaer or proprietor or other agent in charae of the premises to be licensed. aivina all the information about said person as is reauired of a sinale applicant in Subsection 3 above d. The application shall contain a list of all persons. who. sinaly or toaether with their spouse. or a parent, brother. sister of child of either of them. own or control an interest in said corporation or association in excess of 5% or who are officers or directors of said corporation or association toaether with their addresses and all information as is reauired of a sinale applicant in Subsection 3 above. 6. The exact leaal description of the premises to be licensed toaether with a plot plan of the area showing dimensions and location of buildings. 7. An applicant for "On -Sale Liauor" license shall submit a floor plan of the dining room. or dinina rooms. which shall be open to the public. shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. 8. If a permit from the Federal aovernment is required by the Laws of the United States. indicate whether or not such permit has been issued. and if so. reauired in what name issued and the nature of the hermit. 9. The amount of thq investment that the applicant has in the business. buildina. premises. fixtures. furniture. stock in trade. et cetera. and proof of the source of such money. ORDINANCE NO. 86 -11 i 10. The names and addresses of all persons. other than the applicant. who have anv financial interest in the business, buildinas. premises. fixtures, furniture, stock in trade: the nature of such interest, amount thereof, terms for pavment or other reimbursement. This shall include, but not be limited to anv lessees. lessors, mortaaaees, mortaaaors, lenders, lien holders trustees, trustors, and persons who have cosianed notes or otherwise loaned, pledoed, or extended securitv for anv indebtedness of the applicant, but shall not include persons ownina or controllina less than a 5% interest in the business, if a corporation. 11. The names, residences and business addresses of three persons. residents of the State of Minnesota, of aood moral character. not related to the applicant or financially interested in the premises or business. who may be referred to as to the applicant's character or, in the case where information is reauired for _a manager, the manaaer's character. 12. Whether or not all real estate and personal nronerty taxes for the premises to be licensed which are due and pavable have been raid, and if not paid, the years and amounts which are unpaid. 13. Whenever the application for an "on -sale liquor" license or for transfer thereof is for premises either planned or under construction or underaoina substantial alteration, the application shall be accompanied by a set of preliminary plans showing the desian of the proposed premises to be licensed. 14. Such other information as the Chief of Police shall require. Section 11 -705. RENEWAL APPLICATIONS. Applications for renewal of an existina license shall be made at least 60 days prior to the date of expiration of the license. If, in the udament of the City Council. aood and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided. the City Council mav, if the other provisions of this ordinance are complied with, arant the application. At the earliest practicable time after application is made for a renewal of an Ion -sale liauor" license, and in anv event prior to the time that the application is considered by the City Council, the applicant shall file with the Chief of Police a statement orepa.red by a certified public accountant that shows the total aross sales and the total food sales of the restaurant for the twelve month period immediately nrecedina the date for filing renewal applications. A foreian corporation shall file a current Certificate of Authority. JL I; ORDINANCE NO. 86-11 I Section 11 -706. EXECUTION OF APPLICATION. If the application is by a natural Derson. it shall be sianed and sworn to by such Derson: if by a corporation, by an officer thereof: if by a partnership, by one of the partners: if by an unincoroorated association. by the manager or managina officer thereof. If the applicant is a nartnershiD. the application, license and bond for insurance policv) shall be made and issued in the name of all Dartners. Section 11 -707. LICENSE FEES. I' j 1. The annual license fee for "on -sale liauor" licenses shall be in an amount as set forth by City Council resolution. The fee for a "temporary on -sale liquor" license shall be in an amount set forth by City Council resolution. 2. The initial license fee shall be paid in full before the application for a license is accented. Renewal license fees shall be paid in full at the time of application for renewal. All fees shall be paid into the aeneral fund of the Citv. All licenses shall expire on the last day of December of each vear. Upon rg of anv aDxalication for a license. or upon withdrawal of application before aDDroval of the issuance by the Citv Council. the license fee shall be refunded to the applicant. All "temporary on -sale liquor" licenses shall be aood onlv for the dates. times and location specifically named on the license itself. 3. The fee for an "on -sale liquor" license granted after the commencement of the license year shall be prorated on a dailv basis. 4. When the license is for a premise where the buildina is not readv for occu.pancv. the commencement datg for computation of the license fee for the initial license period shall be the date on which a certificate or occunancv is issued. 5. No transfer of a license shall be permitted from place to -Dlace or Derson to person without comDlvina with the reauirements of an Qriainal application except as Drovided by Subdivision 9 of this section. For Durposes of this subdivision. a chanae in the controlling interest of the licensee is deemed a transfer of the license. 6. No Dart of the fee Daid for anv license issued under this ordinance shall be refunded except in the followina instances upon application to the Council within 30 days from the haDnenina of the event. The Council may in its iudament refund a Uro rata portion ORDINANCE NO. 86 -11 i of the fee for the unextaired neriod of the license. computed on a monthlv basis. when operation of the licensed business ceases not less than one month before exniration of the license because of: destruction or damaae of the licensed premises by fire or other catastronhe. b. the licensee's illness. C. the licensees death. d. a chance in the leaal status of the municinality making it unlawful for a licensed business to continue. 7. At the time of each oriainal annlication for a license, the annlicant shall nav in full an investiaation fee. in an amount set by City Council resolution. All investiaation fees are nonrefundable. 8. At anv time that an additional investiaatign is required because of a license renewal, a chance in the ownershib or control of the licensee or because of an enlargement. alteration, or extension of premises breviously licensed, the licensee shall nav an investiaation fee as set forth in subdivision 7 of this section. The investiaation fee shall accomnanv the annlication. 9_. Where a new annlication is filed as a result of incornoration by an existina licensee and the ownership. control and interest in the license are unchanged. no additional license fee will be required. Section 11 -708. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the Chief of Police and to such other Citv departments as the Citv Manaaer shall deem necessary for verification and investiaation of the facts set forth in the annlication. The Chief of Police shall cause to be made such investiaation of the information requested in this ordinance as shall be necessary and shall make a written recommendation and report to the City Council. The Citv Council may authorize such additional investiaation as it shall deem necessary. Section 11 -709. PERSONS INELIGIBLE FOR LICENSE. No license shall be aranted to or held by anv of the followina persons. The characteristics of any owners, officers, manaaers. emnlovees or others who require investiaation under this ordinance hereof shall be attributed to the licensee: ORDINANCE NO. 86 -11 1. Under vears of aae. (For nurooses of this ordinances, persons born before 9/1/67 shall be considered 21 vears of a e. 2. Who is not of aood moral character. 3. Who, is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. 4. Who has been convicted of anv willful violation of anv law of the United States, the State of Minnesota. or anv other state or territorv. or of anv local ordinance reaardina the manufacture, sale, distribution or possession for sale or distribution of intoxicatina liquor, druas or prohibited substance, or whose liauor license has been revoked for anv willful violation of anv law or ordinance. 5. Who is a manufacturer or wholesaler of intoxicatina liquor and no manufacturer or wholesaler shall either directly or indirectly own or control o have anv financial interest in anv retail business sellina intoxicatina liauor. 6. Who is directly or indirectly interested in anv other establishment in the City of Brooklvn Center to which an "on -sale liauor" or an "on -sale wine" license has been issued under this ordinance. 7. Who, if a corporation. does not have a manaaer who is eligible pursuant to the provisions of this section. N 8. Who is the spouse of a person ineliaible for a license pursuant to the provisions of subdivision 4. 5, or 6 of this section or who, in the iudament of the Citv Council. is not the real party in interest or beneficial owner of the business operated. or to be operated. under the license. 9. An "on -sale liquor" license will not be renewed if. in the case of an individual. the licensee is not a resident of the Twin Cities metropolitan area at the time of the date for renewal; if. in the case of a partnership. the manaaina partner is not a resident of the Twin Cities metropolitan area at the time of renewal; or in the case of a corporation, if the manaaer is not a resident of the Twin Cities metropolitan area at the time of the date of renewal The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver. Dakota. Henneoin, Ramsev, Scott and Washington. ORDINANCE NO. 86 -11 10. No person shall own an interest in more than one establishment or business within Brooklvn Center for which an "on -sale liauor" or an "on -sale wine" license has been granted. The term "interest" as used in this section includes anv uecuniary interest in the ownership. operation, manaaement or profits of a retail liquor establishment. but does not include bona fide loans; bona fide fixed sum rental aareements: bona fide open accounts or other obliaations held with or without security arisina out of the ordinary and regular course of business of sellina or leasing merchandise. fixtures or suoolies to such establishment: or an interest of 10 percent or less in anv corporation holdina a license. A person who received monies from time to time directly or indirectly from a licensee. in the absence of a bona fide consideration therefor and excludina bona fide aifts or donations. shall be deemed to have a becuniary interest in such retail license. In determinina "bona fide" the reasonable value of the aoods or things received as consideration for anv navment by the licensee and all other facts reasonably tendina to prove or disprove the existence of anv burnoseful scheme or arranaement to evade the prohibitions of this section shall be considered. Section 11 -710. PLACES INELIGIBLE FOR LICENSE. 1. No license shall be aranted. or renewed. or operation on anv premises, on which taxes. assessments or other financial claims of the Citv or of the State are due.. delinauent or unpaid. In the evgnt an action has been commenced pursuant to the nrovisions of Chapter 278 Minnesota Statutes auestionina the amount or validity of taxes. the Council may. on anplication by the licensee. waive strict compliance with this nrovision; no waiver may be aranted. however. for taxes or anv portion thereof. which remain unnaid for a period exceedina one vear after becomina due. 2. No license shall be issued for the premises owned by a person to whom a license may not be aranted under this ordinance. except anv owner who is a minor. nonresident alien. or a person who has been convicted of a crime other than a violation of Minnesota Statutes. Chanter 340A. 3. No "on -sale lia_uor" license shall be granted for a restaurant that does not have a dinina room. onen to the aeneral public, with a total minimum floor area of 1.800 square feet and seatina for 150; people: or for a hotel that does not have a dinina area. oven to the aeneral public, with a total minimum floor area of ORDINANCE NO. 86 -11 1.200 sauare feet and seating for 100 people. 4. No license shall be granted for anv place which has a common entrance or exit between anv two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. Section 11 -711. CONDITIONS OF LICENSE. 1. Every license shall be aranted subiect to the conditions of the followina subdivisions and all other subdivisions of this ordinance and of anv other aDDlicable ordinance of the Citv or State law. 2. The license shall be Dosted in a conspicuous place in the licensed establishment at all times. 3. Anv Dolice officer. buildina insnector. or anv emnlovee so desianated by the Citv Manaaer shall have the unqualified riaht to enter. insbect. and searc)i the Dremises of the licensee durina business hours without a warrant. Business hours shall be deemed anv time when licensee or emnlovees are bresent on the Dremises. Refusal to permit such inspection is a violation of this ordinance and arounds for revocation of the license. 4. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the Dremises. 5. No "on -sale liquor" licenses shall sell intoxicating liauor "off sale 6. No license shall be effective beyond the sDace named in the license for which it was aranted. 7. No intoxicatina liauor shall be sold or furnished or delivered to anv intoxicated Derson.' to anv habitual drunkard. to anv person under 21 vears of aae. or to anv person to whom sale is prohibited by State law. 8. No person under 18 vears of arse shall be emnloved in anv room constitutina the Dlace in which "on -sale liquor" is sold at retail except that Dersons under 18 vears of aae may be emploved to perform the duties of a busbov or dishwashina services in Dlaces defined as a restaurant servina food in rooms in which "on -sale liauor" is sold at retail. I 9. No eauinment or fixture in anv licensed Dlace shall be owned in whole or in Dart 'bv anv manufacturer or distiller of intoxicating liauor except such as shall be exDressly permitted by State law. ORDINANCE NO. 86 -11 10. No licensee shall sell. offer for sale. or keen for sale, intoxicatina liauors from anv oriainal Dackaae which has been refilled or Dartly refilled. No licensee shall directly or throuah anv other Derson delete or in anv manner tamper with the contents of anv original nackaae so as to chanae its composition or alcoholic content while in the oriainal nackaae. Possession on the Dremises by the licensee of anv intoxicating liauor in the original nackaae differina in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be urima facie evidepce that the contents of the oriainal nackaae have been diluted. chanaed or tampered with. 11. No licensee shall aDnly for or Dossess a Federal Wholesale Liauor Dealer's special tax stamp or Federal aamblina stamp. 12. No licensee shall keen ethyl alcohol or neutral spirits on his licensed nremises or Dermit their use on the nremises as a beveraae or mixed with a beveraae. 13. The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the Citv Manaaer. or other duly authorized representative of the Citv at all reasonable times. Business records for accounting functions reauired to demonstrate compliance with the nrovisions of this ordinance shall be Drenared in accordance with standard accounting Dractices as determined by the City Manaaer or his designees. 14. Chanaes in the corporate or association officers. corporate charter, articles of incorporation, bvlaws or nartnershiD_ aareement, as the case may be, shall be submitted to the Chief of Police within. 30 days after such chanaes are made. In the case of a corporation. the licensee shall notifv the Chief of Police when a Derson not listed in the application acquires an interest which, toaether with that of his spouse. Darent. brother, sister or child. exceeds 5%. and shall give all information about said person as is required of a Derson pursuant to- the provisions 'of Section 11- 604, subdivision 3. of this ordinance. 15. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of anv contribution he has made in the Drecedina five years for state and local camDaian qr nolitical nurnoses, the nerson to whom the contribution was made and the Derson or organization for whom intended. M I� fl ORDINANCE NO. 86 -11 16. A licensed restaurant shall be conducted in such a manner that a sianificant Dart of the business for a license vear is the serving of foods. 17. No licensee shall keeo. oossess. or oberate or hermit the keeoina. Dossession. or oberation of anv aamblina device or auoaratus on the licensed premises. and he shall not Dermit anv aamblina therein. 18. No licensee shall knowingly permit the licensed oremises or anv room in those bremises or anv adioinina, buildina directly or indirectly under his control to be used as a resort for nrostitutes. Section 11 -712. HOURS OF OPERATION. No intoxicating 1jauor shall be sold nor consumed nor Dermitted to be consumed within the licensed premises after 1:00 a.m. on Sundav nor until 8:00 a.m. on Monday. No intoxicatina liauor shall be sold nor consumed nor permitted to be consumed within a licensed oremise between the hours of 1:00 a.m. and 8:00 a.m. on anv weekday. No "on- sale" shall be made after 8:00 n.m. on December 24. Establishments to which "on -sale liauor" licenses have been issued for the sale of intoxicatina liauors may serve intoxicating liauor between the hours of 10 :00 a.m. and 12:00 midniaht on Sundays in coniunction with the servina of food. Section 11 -713. RESTRICTIONS ON PURCHASE AND CONSUMPTION. 1. No Berson under 21 nears of aae shall misrepresent his aae for the nurpose of obtaining intoxicatina liauor nor shall he enter. anv �_oremises licensed for the retail sale of intoxicatina liauor for the burpose of purchasina or havina served or delivered to him for consumina anv such intoxicatina liauor. nor shall anv such person u_urchase. atternt to Durchase. consume. or have another Berson n_urchase for him anv intoxicatina liauor. 2. No person under 21 vears of aae shall receive delivery of intoxicatina liquor. 3. No uerson shall induce a Derson under the aae of 21 vears to purchase or procure or obtain intoxicatina liauor. 4. Any person who may abnear to the licensee. his emnlovees or aaents to be under the aaq of 21 vears. shall upon demand of the licensee, his emtilovee Qr aaent. produce and hermit to be examined a valid driver's license or identification card. i ORDINANCE NO. 86 -11 5. In every prosecution for a violation of the provisions of this ordinance relatina to the sale or furnishina of intoxicatina liquor to persons under the aae of 21 vears. and in every proceedina before the City Council with respect thereto the fact that the person involved has obtained and presented to the licensee. his emolovee or aaent. a verified identification from which it anDears that said person was 21 years of aae and was reaularlv issued such identification card. shall be prima facie evidence that the licensee. his aaent or emolovee is not auiltv of a violation of such a provision and shall be conclusive evidence that a violation. if one has occurred. was not willful or intentional. 6. No person shall give, sell. procure or purchase intoxicatina liauor to or for anv person to whom the sale of intoxicatina liquor is forbidden by law. 7. No intoxicatina liauor shall be consumed on a public hiahwav or in an automobile. Section 11 -714. LIABILITY INSURANCE. Subdivision 1. Insurance Reauired. At the time of filina an ax;olication for anv on -sale intoxicatina liauor license. the applicant shall file with the Chief of Police Droof of financial responsibility for liability which shall be sub'lect to the anbroval of the City Council. The issuer or surety on anv liability insurance Dolicv 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 Citv Attornev. The licensee and the City shall be named as ioint insureds on the liability insurance nolicv. The policy shall be effective for the entire license near. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by suoplvina to the Chief of Police anv of the followina proofs: a. A certificate that there is in effect an annual aaareaate insurance policy for dram shoo insurance Qf not less than S300.000.00 per policv vear; or b.. A bond of a surety comoanv with minimum coveraaes as provided in clause (a); or C. A certificate of the State Treasurer that the licensee has deposited with him S300.000.00 in cash or securities which may leaally be purchased by savinas banks or for trust funds having a market value of S300.000.00. ORDINANCE NO. 86 -11 Subdivision 3. Anv liability insurance required by this section must provide that it may not be canceled for anv cause by either the insured or the insurer unless the cancelina D4rty has first aiven ten days' notice in writina to the issuina authoritv of intent to cancel the policv. Subdivision 4. The insurance limits outlined in this section become effective on 1987 license renewals and anv new licenses applied for after this ordinance chanae becomes effective. Subdivision 5. "Temporary On -Sale Liauor" license holders are subject to the provisions of subdivisions 1 through 4 of this section. with the excetition of minimum insurance reauirements for licenses issued for City -owned property such as narks. Minimum dram shop insurance for events held on Citv -owned property is 5500.000.00. Subdivision 6. "On -Sale Liauor" license holders. must provide a corporate suretv bond in the amount of at least 53.000.00 at application or renewal time. Section 11 -715. REVOCATION. The Citv Council may susne4d or revoke anv intoxicatina lia_uor license and may impose a civil fine not to exceed $2.000.00 pursuant to M.S. 340A.465 for the violation of anv provision or condition of this ordinance or of o anv State law or Federal law reaulatina the sale of intoxicatina liauor. and shall revoke such license for anv willful violation which. under the laws of the State. is arounds for mandatory revocation. and shall revoke for failure to keen the insurance reauired by Section 11 -614 in full force and effect. Nonmandatory revocation or suspension -bv the Council shall be preceded by written notice to the licensee and a public hearina. The notice shall aive at least 10 days' notice of the time and place of the hearina and shall state the nature of the charges aaainst the licensee. The notice may be served ubon the licensee personally or bv leavina the same at the licensed premises with the person in charae thereof. No susbensi.on after public hearina shall exceed 60 days. Section 11 -716. PENALTIES. Anv person violatina anv provision of this ordinance shall be auiltv of a misdemeanor. and upon conviction thereof. shall be punished by a fine of not more than seven hundred dollars (5700.00) and imprisonment for not more than 90 days. or both. toaether with the cost of prosecution. i ORDINANCE NO. 86 -11 This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 22nd day of Se ptembe r 1986. ZL ,04 Mayor 7 ATTEST: Clerk Date of Publication September 4, 1986 Effective Date October 4, 1986 (Underline indicates new matter, brackets indicate matter to be deleted.) I I