HomeMy WebLinkAbout1986-11 09-11 AP t BROOKLYN CENTER POST
AFFIDAVIT OF PUBLICATION
i
STATE OF MINNESOTA
COUNTY OF HENNEPIN SS.
Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the BROOKLYN
CENTER POST, serving the CITY OF BROOKLYN CENTER, and has full knowledge of the facts which are stated
below:
(A) The newspaper has complied with ail of the requirements constituting qualification as a qualified newspaper, as
provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed !.n..Ll.� cJ L-X--' 4-�_ �o .r
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which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
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f successive weeks; it was first published on 'z the day of
19.E and was thereafter printed and published on every
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to and including the day of 19
and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be
ing the size and kind of type used in the composition and publication of the notice:
abcdefghijklmnopgrstuvwxyz
BY:
TITLE:
Subscribed and sworn to before me on
this _day of CXj
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Ndtary Public
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RATE INFORMATION y
(1) Lowest classified rate paid by commercial users for com
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(2) Maximum rate allowed bylaw for the above matter. S V
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I
No.
Affidavit of Publication
OF
Publlsh*d in
BROOKLYN CENTER POST
8801 Bass Lake Road
MINNEAPOLIS, MINNESOTA 55428
DATE OF PUBLICATION
ATTORNEY
FILED
BROOKLYN CENTER POST
11
Subdivision. b. No manufacturer or wholesaler of beer
hall have any
ownership of or interest in an establishment licensed to sell at retell contrary to
the provisions of M. S.A. 340.02. No retail licensee and manufacturecor wholesaler
of beer shall be parties to any exclusive purchase contract. No reail licensee
shall receive any benefits contrary to law from a manufacturer or wholesaler of
Notice is hereby given that a public hearing will be held on the 22nd day of beer and no such manufacturer or wholesaler shall confer any benefit: contrary to I
September, 1986 at 7:30. p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an law Won a retail licensee.
amendment to the City's Liquor Ordinance. Subdivision 7. No licensee shall sell beer while holding or elhibitirg in
Auxiyiary aids'for handicapped persons are available upon request at least 96 hours the licensed premises a Federal retail liquor dealer's special tax stamp unless he
in advance. Please contact the Personnel Coordinator at 561 -5440 to make is licensed under the laws of Minnesota to sell intoxicating arrangments. Subdivision 8. No licensee who is not also licensed to sell intudcati:g
ORDINANCE NO 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
AN ORDINANCE AMENDING CHAPTER Intoxicating liquor. The presence o f intoxicatin liquors on the pr "isesofsuch
i I OF TH E.CITY ORDINANCES a 11 ensee shall be prima facie evidence of possession of intoxicating liquors for
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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
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: being permitted to be consumed or displayed contrary to this ordinance.
Section 1: Chapter 11 of the City Ordinances is hereby amended by the Subdivision 9. Any peace officer shall have the unqualified right to
repeal of the following: 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
[CHAPTER 11 LIQUOR ORDINANCES] liquor, seize all intoxicating liquors found on the licensed premises.
[NONINTOXICATING LIQUORS] Subdivision l0. Every licensee shall be responsible for the conduct of his
place of business and shall maintain conditions of sobriety and order. The act of
[Section 11- 101. DEFINITION OF TERMS. 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
Subdivision 1. As used in this ordinance, the term "person" includes a penalties provided by this ordinance equally with the employee.]
natural person of either sex, a partnership, a corporation or association of
persons, and the agent or manager or employee of any of the aforesaid. The singular [Section 11 -109• CLOSING HOURS.
number includes the plural, and the masculine pronoun includes the feminine and
neuter. 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
Subdivision 2. "Beer" or "nonintoxicating malt liquor" means any malt a.m. and 8:00 a.m. on any other day.
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 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.
Subdivision 3• "Intoxicating liquor" means any distilled, fermented or and 12:00nDon. It shall be unlawful to consume or permit the consumption of beer in
i vinous beverage containing more than three and two- tenths per cent of alcohol by any "on -sale" establishment between the hours of 1:00 a.m. and 8:00 a.m. on any other
weight. day.]
Subdivision 4. "Original package" means the bottle or sealed container in [Section 11 -110. CLUBS. No club possessing an "on -sale" license stall
which the liquor is placed by the manufacturer. sell beer to anyone other than members and guests in the company of members.]
Subdivision 5. "Bon fide club" means a club organized for social or [Section 11- 111. RESTRICTIONS ON PURCHASE AND CONSUMPTION. It is j
business purposes or for intellectual improvement, or for the promotion of sports, unlawful for any:
Where the serving of beer is incidental to and not the major purpose of the club.
Subdivision 1. Licensee or his employee to permit any person under the age
Subdivision 6. "Restaurant" means a place of which the major business is of 19 years to consume nonintoxfcating malt liquor on the licensed premises.
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
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.
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 maybe issued for the remainder of the year for a pro rata fee. In
computing such fee, any unexpired fraction of a month shall be courted 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.
Subdivision 4. No part of 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
lfcedse; rbmpw.rted on a monthly basis,. when operation of the licensed busi ness 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.
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
anther 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.
4. Who is an alien, or Won 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.
Subdivision 2. No "on -sale" license shall be granted for a bon 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 condition 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• Ho beer stall 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.
Subdivision 2. .Person to procure nonintoxicating malt liquor for any
person .under the age of 19 Years. 6. The term "manufacturer" includes every person who, by any process of..
Subdivision 3. Person to induce a Person under the age of it ears to manufacture, fermenting, brewing, distilling, refining, rectifying,
purchase or procure nonintoxicating malt liquor. I blending, or by the combination of different materials, prepares or
Produces intoxicating liquors for sale.
Subdivision 4. Person under the age of 19 years to misrep rntais age for
the purpose of obtaining nonintoxicating malt liquor. 7. As used in this ordinance the term "person" includes a natural person of
either sex, partnership, corporation and association of persons and
Subdivision 5. Person under the age of 19 years to consume any the agent or manager of any of the aforesaid. The singular nuiber
nonintoxicating malt liquor. includes the plural and the masculine pronoun includes the feminine and
neuter.
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 8. The terms "package" or "original package" mean any Corked or sealed
household of his parent or guardian. container or receptacle holding intoxicating liquor.
Subdivision 7• No person shall consume or display any intoxicati liquor 9. The term "hotel" means and includes any establishment having a resident
on the premises of a licensee who is not also licensed o sell intoxicating luor liquors. f or manager, where, in consideration of payment therefor,
pod and lodging are regularly furnished to transients, which
Subdivision 8. Person under the age of 19 years for the use of its guests not less than 100 guest rooms with
years fQ consume any bedding and other usual, suitable and necessary furnishings in each
Intoxicating liquor or nonintoxicating malt liquor unless in the household of his or
room, which i provided eg the main entrance with a suitable lobby,
her parent or guardian and with the consent of his or her
parent or guardian.) desk, and office for the registration of its guests on the ground floor,
[Section ll -112. REVOCATION. The violation of provision or condition of which employs an adequate staff to provide suitable and usual service
this ordinance by a beer licensee or his agent shall be grounds for revocation or and which maintains under the same management and control as the rest of
suspension of the license. The license of a the establishment and has, as an integral part thereof, a dining. roam retail liquor dealer's special tax stamp without a any o sell holds intoxicating f ade a opts at with appropriate facilities for seating not less than 100 guests at one
such place shall be revoked without notice and without hears e tom: where the general public are, in consideration of payment
a license granted under this ordinance may be revoked or suspended by the Council therefor, served with meals at tables.
after written notice to the licensee and a public hearing. The notice shall give'at 10. The term "restaurant" means any establishment other than hotel under
least eight days' notice of the time and place of the hearing and shall state the the control of a si le
nature of the charges against the licensee. The Council may suspend any license ne proprietor or manager, having appropriate
Pending a hearing on revocation or suspension.] facilities o 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
[Section 11 -113. SEPARABILITY. Every section, provision or part of this adequate staff to provide the usual and suitable service to Its guests,
ordinance is declared separable from every other section, provision or part; and if and a- significant part of the business of which is the serving of foods.
any section, provision or part of any ordinance shall be held invalid, it shall not For purposes of an "on-sale wine" license seating must be available for
.affect any other section, provision or part thereof.] not less. than 75 guests at one time with all other sections of
[Section 11- 114. SUPREMACY CLAUSE. The supremacy clause found in definition applicable as stated.
Section 23-013 snail not apply to Sections 11 -101 through 11 -116.1 11. The term "club" means and includes any corporation duly organized under'
the laws of the State for civic, fraternal, social or business :po34,
[MUNICIPAL LIQUOR STORE) or for Intellectual Improvement or for the promotion of sper.', hlrwnloh...
has been in existence for more than three years, e� ,ferny..
(Section 11_201. LIQUOR STORE ESTABLISHED. A municipal liquor store is congressionally chartered veterans' organization which has been >in
hereby established to be operated within this municipality for the 'Sale of liquor existence for at least three years immediately preceding application
potable as a beverage containing more than 3.25 of alcohol by weight in the sealed or for license, which shall have more than fifty members, and which shall,
closed receptacle or retainer for removal from the premises. No person shall sell, for more than a year, have owned, hired, or leased a building or space in
barter, or otherwise dispose of intoxicating liquor, nor shall a sale be made by a building of such extent and character as may be suitable and adequate
'anyone outside of said municipal liquor store or not employed in and by said for the reasonable and comfortable accommodation of its members and
municipal liquor store. It shad be unlawful for any person or persons to mix or whose affairs and management are conducted by a board of :directors,
prepare liquor for consumption in any public place or place of business or to consume executive committee, or other similar body chosen by the members at a
liquor (n. such places. No liquor shall be sold or consumed one public highway or. in meeting held for that purpose, none of whose meters, officers, agents:
an automobile.) ddd or employees are paid directly or indirectly any compensation by ray of
[Section 11_202. LOCATION AND OPERATION. The saidfmun pal liquor
store shall be at such place as the Council shall determine by motih and may be
either leased or owned by the municipality. It shall be in charge of 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 SM11 have full
charge of the operation of such municipal liquor sore, 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 sock may be paid for out of the general
fund of the municipality, but such amounts shall be reimbursed to the said general i
fund out of the first moneys coming into the municipal liquor sore fund needed for
carrying on the said business. Any surplus accumulating in this flail may be
transferred to the general fund by resolution of the Council and expended for any
municipal purpose.]
(Section 11 -204. HOURS OF OPERATION. The municipal liquor sore 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.
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.
years. Subdivision 3. No liquor shall be sold to a person under the age of 19
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 vials ring such ban may
be punished as provided herein.].
[Section 11 -206. ENFORCEMENT. It shall be the ✓uty of the police
department of the municipality to enforce the provisions of this ordinance anal to
search premises and seize evidence of law violation and preserve the Saxe 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 MINORSI
.[Section 11 -301. LIQUOR ON SCHOOL GROUNDS. Unless possessing a
"temporary on -satew ense 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.] -ti..
'[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 b
allow the consumption or display of intoxicating liquor, or the serving of ark
liquid for the purpose of mixing with intoxicating liquor without first securing
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 i of each year pay to the City Manager a fee of a300 arq shall be issued a
written receipt therefor.. If a portion the year has elapaso when payment is
made, a pro rata fee shall be paid; but no such pro rata fee shall be "epted 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.]
[Section 11 -404. PREMISES OPEN FOR INSPECTION. Any private club or
public place allowinWTFe 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 peace officers of the City. Refusal to
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.]
[Section 11 -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 p.m. on Memorial Day; or between the 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 TERM.
1. The term "intoxicating liquor" shall mean and include ethyl alcohol and
include distilled, fermented, spiritous, vinous, and malt beverages
containing in excess of 3.25 of alcohol by weight.
2. The terms "sale" and "sell" mean and include all barters and all manners,
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.
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" tears any person engaged in the
business of selling intoxicating liquor to retail dealers.
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.
.t2. The term "wine" means a vinous beverage containing not more than 14
.percent alcohol by volume.
The term "on -sale wine" means the sale of wine for consumption on the
premises only.]
[Section 11 -502. LICENSE REQUIRED.
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
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. "OnSale Liquor" licenses shall be issued only to restaurants which are The exact legal description of the premises to be licensed together
conducted in such amanner that a significant part of the revenue for a 7. with a plot plan of the area showing dimensions and location of
license year is the sale of foods, and to hotels conducted in such a buildings.
manner that, of that part of the total revenue derived from the serving
of foods and intoxicating liquors, a significant part thereof for the 8. An a for an "on --sale liquor" or an "on -sale wine" license
license year is derived from the serving of foods. The term shall submit a floor plan of the dining room, or dining rooms,
"significant part" as used in the subparagraph means the following: 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.
a. for Class A licenses, 804 or more of the applicable revenue derived
from the serving of foods; Class A licenses are available to all
hotels and restaurants. 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
b. for Class B licenses, 504 through 793 of the applicable revenue
if so, required in what new issued and the nature of the permit.
derived from the serving of foods;. Class B licenses are available 10. The amount of the investment that the applicant has in the business,
to all hotels and restaurants. building, premises, fixtures, furniture, stock in trade, etc., and
c. for Class C licenses, 404 through 494 of the applicable revenue proof of the source of such money.
derived from the serving of foods; Class C licenses are available 1t The names and addresses of all persons, other than the applicant,. who
only to hotels and to restaurants which derive a considerable part
have any financial
itur interest in the business, buildings, pram set,
of their revenue from sources other than liquor and food.
fixtures, furniture, stock in trade; the nature of such interest,
3. New applicants who have not established a ratio between food and liquor amount thereof, terms for payment or other reimbursement. This shall
for the licensed premises shall apply for a Class D license. This is include, but not be limited to any lessees, lessors' mortgagees,
considered a probationary license. Twelve months of documentation of mortgagors, lendors, lien holders, trustees, trustors, and Persons who
ned notes or otherwise loaned Pledged s or extended sec
have cos urity
food and liquor sales shall be presented to the Chief of Police on or ig
before November 1 to determine the appropriate license class for the for any indeb tednes s rcoontr lng less than appl
5% interest l in theibusiness, if a
followi year. If such documentation is not available, the owning
probationary license shall be extended for no more than one additional corporation.
year. .Otherwise, a Class A, B, or C license will be assigned based on 12. Th names, residences and business addresses of three persons,
established ratio. residents of the State of Minnesota, of good moral character, not
4. "On -Sale Club" licenses shall be issued only to clubs. 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
"On -Sale Wine" licenses shall be granted only to restaurants which are the case where information is required of a manager, the manager'
conducted in such a manner that a significant part of the revenue for a character.
license year is the sale of foods, and only the sale of wine not rt taxes for the
exceeding 14 percent alcohol by volume for consumption on the licensed 13. Whether or not all real estate and personal le have been Paid, a
are nd if
premises, in conjunction with the sale of food shall be permitted. premises to he licensed which are due and are u
not paid, the Years and amounts which unpaid.
a. for wine licenses the term "significant part" means 504 or more of
the applicable revenue derived from the serving of food.] 14. li�oen or for a app l ication trans the gis for ipremises either pl ed or er the
[Section 11 -503.
NUMBER OF LICENSES ISSUED. The number of Private "on- a shall be accompanied by as se t f preliminary Plans Showing
sale liquor" licenses issue the City of Brooklyn Center shall be Baited to 18. the design of the proposed Premises to be licensed.
The number of "on -sale wire" licenses shall be unlimited.]
15. Such other information as the Chief of Police shall require.)
[Section 11 -504. APPLICATIONS FOR LICENSE. Every application for a fPPLICATIONS. Applications For the renewal of
license to-sell intoxicating liquor shall be verified and filed with the Chief of [Section 11_505• REWEWAL
Police. In addition to the information which may be required by the State an existi 1Tcansa jR=a be made at least 60 days prior to the date of the expiration
Commissioner of Public Safety's form, the application shall contain the following: of the license. If, in the judgment of the City. Council, good and sufficient cause
1. Whether the applicant is natural person, corporation, partnership or is shown by an applicant for his failure to file for a ren within the time
Provided, the City Council may, if the other provisions of this ordinance are
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 rams. 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 ofapplicant's
present spouse.
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. Flames 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, place and
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
w. oper"atirg a. anloon,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.
1. The name, address and business address of each person who is
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.
If the applicant is a partnership, the names and address of all partners
U I r 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 acertificate 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 copy of Certificate of Incorporation, Articles of
.Incorporation or Association Agreement and Bylaws and if a foreign
corporation, aCertificate 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 is required of a single applicant in Subsection 3 above.
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 54 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 Iroorperation, Bylaws and the names and 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
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.
a. The name of the manager, proprietor or other person who shall be in
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.
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 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).
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. Wren 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 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 9 of this Section. For
purposes of this Subdivision a change in the controlling interest of
the licensee is deemed a transfer of the license.
6• No part of 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 amonthly basis, when 4. No license shall be granted for any place which has a common entrance or
operation of the licensed business ceases not less than one month it between any two establishments except that a public concourse or
before expiration of the license because of: public lobby shall rat be construed as a common entrance or exit.]
a. destruction or damage of the licensed premises by fire or other (Section 11 -511. CONDITIONS OF LICENSE.
catastrophe.
1. Every license shall be granted subject to the conditions of the
b. the licensee's illness. following subdivisions and all other subdivisions of this ordinance
and of any other applicable ordinance of the City or State law,
c. the licensee's death.
2. The license shall be posted in a conspicuous Place in the licensed
d. a change in the legal status of the municipality making it unlawful establishment at all times.
for a licensed business to continue.
3. Any police officer, building inspector, or any employee so designated
7. At the time of each original application for a license, except in the by the City Manager shall have the unqualified right to enter, inspect,
case of an "on -sale club" license, the applicant shall pay in full an and search the premises of the licensee during business hours without a
Investigation fee equal to the actual cost of investigation, not to warrant.
exceed $10,000 if the investigation is conducted outside Minnesota,
and rat to exceed $500 if the investigation is conducted within 4. Every licensee shall be responsible for th c onduct of his place of.
Minnesota. The applicant shall pay such Portion of the fee as the business and the conditions of sobriety and order in the place of
Chief of Police deems adequate to cover the proposed investigation, business and on the premises.
provided that the Chief may require additional advances not to exceed
the limitation set out herein. Any portion of the fee for an 5. N On-sale liquor" or "on-sale wine" licenses shall sell intoxicating
investigation outside Minnesota which exceeds actual expenses shall be liquor "off sale
returned to the applicant, provided that the minimum fee for
investigations within Minnesota shall be $100. 6. No license shall be effective beyond the space named in the license for
which it was granted.
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 7. No intoxicating liquor shall be sold or furnished or delivered to any
because of an enlargement, alteration, or extension of premises intoxicated person, to any habitual drunkard, to any person under 19
previously licensed, the licensee shall pay an investigation fee as years of age, or to any person to whom sale is prohibited by State law.
set forth in Subd. 7 of this section. The investigation fee shall
accompany the application. B. No person under 19 years of age shall be employed in any roams
constituting the place in which "on -sale liquor" is sold at retail
9. Where a new application is filed as a result of incorporation by an except that persons under 19 years of age may be employed to perform the
existing licensee and the ownership, control and interest in the duties of a busboy or dishwashing services in places defined as a
license are unchanged, no additional license fee will be required.] 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
[Section 11 -508• INVESTIGATION OF APPLICATIONS. by persons 19 years of age or older.
1. All applications for a license shall be referred to the Chief of Police, q. No equipment or fixture in any licensed place shall be owned in whole or
and to such other City departments as the City Manager shall deem in part by any manufacturer or distiller of intoxicating liquor except
necessary for verification and investigation of the facts set forth in such as shall be expressly permitted by State law.
the application. The Chief of Police shall cause to be made such
investigation of the information requested in Section 11 -504, 10. No licensee shall $011, offer for sale, or keep for sales intoxicating
Subdivision 3, as shall be necessary and shall make a written liquors from any original package which has been refilled or partly
recommendation and report to the City Council. The City Council may refilled. No licensee shall directly or through any other person
authorize such additional investigation as it shall deem necessary.3 delete or in any manner tamper with the contents of any original package
30 as to change its composition or alcoholic content while, in the
(Section 11 -509• PERSONS INELIGIBLE FOR LICENSE. No license shall be original package. Possession on the premises by the licensee of any
granted to or held by any of the following persons. The characteristics of any (Continued on Page 21)
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
possessionfor saleor 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. 4, 5, or 6 of this section or rho, 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 am rental
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 maybe 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 minima floor area of
1200 square feet.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11
OF THE CITY ORDINANCES
(Continued from Page 20)
Intoxicating liquor in the original package differing in composition
or alcoholic content in the liquor when received from the manufacturer
or wholesaler from wham 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 Mrolesale 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. (urges 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' 2. $50,000 for loss of means of support of any are person in any one
licensee shall notify the Chief of Police when a. person not listed in occurrence, and subject to the limit for one person, $100,000 for
the application acquires an interest which, together with that of his loss of means of support of two or more persons in any one
spouse, parent, brother, sister or child, exceeds 5%, and shall give occurrence; or
all information about said person as is required of a person pursuant to
the provisions of Section 11 -504, Subdivision 3, of this ordinance. b. A bond of a surety company with minimum coverages as provided in clause
15. At the time a licensee submits his application for renewal of a license, (a), or
he shall state the nature and amount of any contribution he has made in c. A certificate of the state treasurer that the licensee has deposited
the preceding five years for state and local campaign or political with him $100,000 in cash or securities which may legally be purchased
purposes, the person to wham the contribution was made and the person or by savings banks or for trust funds having a market value of $100,000.
organization for whom intended.
Subdivision 3. Exceptions to the Requirements of Proof of Financial
16. A licensed restaurant shall be conducted in such a manner that a Responsibility. The following persons are excepted from Subdivisions 1 and 2 of
significant part of the business for a license year is the serving of this Section unless such person holds an additional license not so excepted:
foods. A hotel shall be conducted in such a manner that, of that part a. Nonintoxicating malt liquor on -sale licensees with sales of
of the total business attributable to or derived from the serving of nonintoxicating malt liquor of less than $10,000 per license
foods and intoxicating liquors, a significant part of the business for year.
a license year is the serving of foods. A restaurant which derives a b. On -sale wine licensees with wine sales of less than $10,000 of wine per
considerable part of its revenue from sources other than liquor and
food shall be conducted in such a manner that, of that license year.
r
business attributable to or derived from the serving Of foods o and
liquors, a significant part of the business for a license year is the c. Nonintoxicating malt iiquor off -sale licensees with sales of
serving of foods. nonintoxicating malt liquor of less than $20 per license year.]
17. No licensee shall keep, possessor operate or permit the kee f [Section 11 -516. REVOCATION. The City Council may suspend or revoke any
possession, or operation of an p intoxicating liquor license for the violation of any provision or condition of this
y gambling device or apparatus on the ordinance or of any State law or Federal law regulating the sale of intoxicating
licensed premises, and he shall not permit any gambling therein. liquor, and shall revoke such license for any willful violation which, under the
18. No licensee shall knows 1 laws of the State, is grounds for mandatory revocation, and shall revoke for failure
those premises or any adjoining building direr premises r indirectly der to keep the insurance required by Section 11. -515 in full force and effect.
his control to be used as a resort for prostitutes. Except in the case of a suspension pe pending a hearing on revocation,
19. Every licensed premise which requires a nonmandatory revocation or suspension by the Council shall be preceded by written
other indicia of membership r a Condit ion off ent one word, passkey o s
all hotice to the licensee and a public hearing. The notice shall give at least 10 days'
provide the Chief em Police with such indicia notice of the time and place of the hearing and shall state the nature of the charges
of membership or be used against the licensee. The Council may, without any notice, suspend any license
only for the purposes set forth in this Section 11- 404.] ends a hears
pending B on revocation for a period not exceeding 30 days. The notice may be
(Section 11-512. HOURS OF OPERATION. No intoxicating liquor shall be
served upon the licensee personally or by leaving the same at the licensed premises
sold nor consumes nor permitted to be consumed within the licensed premise after with the person in charge thereof. No suspension after public hearing shall exceed
1:00 a.m. on Sunday nor until 8:00 a.m. on Monday. No intoxicating liquor shall be 60 days.]
sold nor consumed nor permitted to be consumed within a licensed premise between the [Section 11 -550. SUNDAY SALES AUTHORIZED. Notwithstanding the
hours of 1:00 a.m. and 8 :00 a.m.. on any weekday. No "on -sale" shall be made after provisions of Section 11 -512 of the City Ordinances, establishments to which 'on-
8-00 P.m. on December 24.1
sale liquor" licenses have been issued for the sale of intoxicating liquors may,
[Section 11 -513. CLUBS. No club holds ng an "on_ sale club" license upon obtaining a special license, serve intoxicating liquor between the hours of
shall 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food.
sell Intoxicating tion1 1-51 except to members and bona fide guests.]
Wine may be sold without a special license under the authority of an "on -sale wine"
[Section 11 -514. RESTRICTIONS pUACHASE. AND CONSUMPTION. license between the hours of 10:00 a.m. and 12:00 midnight in conjunction with the
service of food.]
1. No person under 19 years of age shall misrepresent his age for the [Section 11-551. LICENSE REQUIRED. No person shall directly or
purpose of obtaining intoxicating liquor nor shall he enter any indirectly sell or serve intoxicating liquors as authorized in Section .11 -550
premises licensed for the retail sale of intoxicating liquor for the without having first obtained a special license from the City Council, except under
purpose of purchasing or having served or delivered to him for the authority of an "on -sale wine" license. Application for such a special Sunday
'consuming any such intoxicating liquor, nor shall any such person license stall be filed with the Chief of Police.],,
purchase, attempt to purchase, consume, or have another person
purchase for him any intoxicating liquor. [Section 11 -552. LICENSEFEES. The annual license fee for a special "on-
2. No person under 19 years of age shall receive delivery of intoxicating sale liquor" Sunday license shall be in an amount as set forth in Section 23 -010 of
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 violations 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
obta'ined 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 Minnesota, Section 340.731
MinPde§ ota 'StatutAS ;'Mtipors,`ForbiddeM 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 or guardian."
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
Place of Birth
My Address is
Dated:
Type of Identification
Witness
Signed
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 wham 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 licensep 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.
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 o'
ordinance shall be guilty of a misdemeanor, and upon conviction thereof, sha'
punished by a fine of not more than seven hundred dollars ($700) and imprisonment
not more than 90 days, or both, together with the costs of prosecution.]
Section 2: Chapter 11 of the City Ordinances is hereby amended by the
addition of the following:
CHAPT 11 L zOUOR ORDINANCE
NONIN TOXICATING LIQUORS
Section 11 -1 ,01. DEFI NiTION OF TERMS.
Subdivision 1 As used in_ this oraypance. the term person" years of acts.) g
incl udeg a natu ;al n0rs of either sex. a oaltnershi_ 2_ Who has. within the .,.pas fi ve vpar,p- bee convicted of
corporati or asspc xat" of 'persons, and, the acent o manaa a felony, or any l aw of tWn state e r local ordinance
or emplovee 0 ahv o? the afor paLio. The s >`vula r number relating tq the ma nufacture. transportation or sale of
incl t he plural, an the maacu l,ine pro noun incluaas the nonintoxicatina or of intoxicating liquors,
feminine an dneuter. ,7.,. Who is p a nufacturer o bee or who is interested in
the control of any pl ace where beer is manufactured.
Subdivision z. "Rear" or "n r- t)toxicati malt l.ia uoz� !L Who is net a c itizen Of the United States Or a
resident
mea m
s ppv malt beverage with ap alcoheldc content of ore tharl alien, or upon whom it is impractical tp cpnduct a
one -ha>
of one oar cent by volume and not more than three and backaround and financial investigation d to tle
two tenths nercent by wAia� unavailability of information.
Who is not of good moral character.
Subdivision 3. "intoxicatina liguoru means anv distilled,_ Who is or during the period of this license becomes the
farrented or vinous beveraae contdinina mare_ than three and two- holder of a Federal retail liai!r dealer's special tax
tenths nor cant of alcohol by weight. stamp for the sale of intoxicating liquor pt any place
Un"-s th fi lls -1,$- pee n iss ued to UZ,� a local
gubdivision d. "Orja na oackaae" means the bottl or lin.. to aa ll intoxicating liquo at auch_n ;ace
sea ad co in which the liounr is ❑Laced by the Z. W1,q ig nrlt t proprietor of th e esta ishmen for
Mnufacturar. which the license is issu d
Subdivision S- "Rona fide club" of "club" is 'en Section 11 -108 PLACES INELIGIBLE FOR LICENSE.
incorpo Or aan i. zation orannized under the laws of the state
for ci vic fraternal soci k. or busipess zUrnoses. for Subdivision 1. No "lice sh all be granted for sale on any
intellectual imprevemenr. or for, the vromotion of snorts. or a premises where "a licensee has been convicted of the violation of
congreglioW lv chartered vetmpansu organization, which: this ordinance. or of the state hear or l,iauor law, or where any
(1) has more th 5o Ferbarge license hereunder has been revoked for caus until on vea has
121 has owned or rented a building or space in a buildIna elapsed after such conviction or revncat +.on
for more than one year that is suitable and adegpate for the
accOmmpdatien of its r.Vbars: Subdivision No "on -sale" license shall be granted for a
(3) is diracted by a bnard of directors_ executive bone fide club which has net bea in operation and eligible to
committee. pr ether similar bodv chosen by the mambara at a receive a license for at least six months immediately n ecedina
meeting held for that VRKo.se. No marcher. officer. agent, or -ht_a annlication for a licenag.
emplovea shall receive a prof from the dist r pinion or sale
gf beveraes to t he memberg o the clgb or tpei,r_ ants_ beyond ,Section 11 -109. CONDITIONS OF LICENSE.
a reasonabl sa lary or wages fi xed and voted each year by the
governing bodv. Subdivision 1. Every license shall hm ayaptaq sW actr tq
the conditions in the following subdivisions and all other
Subdivision S. "Restaurant" moans a place of whi.„; tt:_q provisions of this ordinance and of other applicable ordinances
maio businass is preparing and sarvina unc
l hes or maals- to tl e of the City or state law,
publi to he cnpsumed on t tLq_R j Z@mj§.es
Subdivision All licensed premises shall have the license
Subdivis "Prgmisesa' means the inside of the building posted in a conspicuous pla ce at a times,
itself a nd doap not incl ydo any satin. parking or other area. Subdivisio 3. No bee shall pa sold or served to anv
gWp.s exnregsly listed i writing oq
tl,e license or secial intoxiCated person o r to
a nv person under 21 veers of age,lFor
Lritten Permission is obta ifod. for a lim spec' t event with
purposes of this ordinance, e. pe sons born before 9/1167 shat e
conditionsincluded. considered 21 years of sae 1.
,gggtion 11 -102. LICENSE REQUIRED. Subdivision 4 No person under to veers of sa sha11 b
Subdivision 1. No pe rson. exem the holde of intoxicatina permitted to Belt or la rva bee;_jp anv "en sa.la" astakUshmant_ a
liauor licenses. wholesalers and manufactu ;g to the extent Subdivision s, No gambling or any gambling device shall be
authorized by law. shall deal in or dis pose otL by gift. gait or permitted on anv licensed ,Premises
otherwise. or keep or off fo sale, any beer within the dity
without first .having rece _a icense as hereinafterorovided. ,�»Ibdiviaion 6_ No manufacture or w holesaler of beer shall
Tl section shall not prohibit the giving or sery }*la therao tq have any ownership of or interest in an esteblAh1nenr licensed to
guests in a private home, or in a private gathering. Licenses sell at retail contrary tp the nrovis?png o>vM.R.a_ 34nA_3na- No
ahall�pf three kindgc 1) Retail "on- sale (2) Retail u'off- retail licen a nd manufacturer or wholesaler o beer ghall be
aCl ?u'' a nd (3) Retail "temporary on- sale parties to any exclusive nurchaae ont ract: N S retail licensee
shall receive any benefits co?l ry to %aw from a manufacturer or
Sllbdiyision z. u'Op sale" licen may be granted on to
bona fide clubs howljlLO esteb me *)ts. restau and hotels
where top is prepared an pa ,ved for consumpti on the
premises "O n- sale" licen sh all permit the sale of beer for
consumption on the promises only.
Subdivision "O tt -sale" licen s hill Hermit the sale of
beer at retail. in the original packaas for consumption off the
premises only.
Subdivision a. Temporary on -sale" licenses m ay ba a nd
te
to clubs. charitable. .religious. or non profit organizations
pM,ty_ "T emporary on -sale" licen s hall ¢t snitject tn aryy
special terms and conditions as the Ci cou ncil may prescribe.
Section 11 -103. APPLICATIONS FOR LICENSE.
Subdivision 1. Every annlication for a lice go >;p se ll beer
shall be made on a form supplied by the City. It shall be
'iii icat to l9 a nv tal p tatement in an application.
Applions shall ba filed with the chief of Police.
Subdivision Z. Every application shall be referr ta`'jllg
Chief of Police for a rev 4 ,Ty pa to y hether the applicant m ets
the requirements of the ordinance a s t1 moral character and past
offenses., if anv. An investigation tea as sa lZv c
resolution shall accompany each application The Chief of us
shall astimata the actual coa pt nvestigation A l't err
preliminary review, notify the applicant of. the actual i:oat
estimate. and take no further action on the amolication until the
actual cost estimate is mai Any portionat .the" actual coat
astimata which exceeds the minimum but which romaine unused after
completion of the investigation. shall be returned to the
applicant.
Subdivision 3_ Ut y "n n sale" application shall be
referred to the Director of Planning and Inspection' for a review
sp to w hether the proposed licensed premises meets the
reauirements of the zgning Ordinance and. Buildina code.
Subdivision t �emoorary on -sale" ^Dlicatons -shall be
submitted .ao.. th e. Clli.ef of Po lice a minimum of_th }rtv Gel.endar
apys in advance of -the pgo nosad ev ent. There is-no- investigation
L" to a pply for this license.
a
Section 11 -104, LIABILITY INSURANCE.
Subdivision 1. Insurance Required. At tt)e t ime of filing
ail. application for any on -sale or ofP -sale nonintoxicatina liquor
liCen r ho appllcaM file with the Chief of Police proof
of tinancial reaoonsibili tv for liability which shall be sp bieet
to the approval of the Ci cou ncil. The issuer or surety any I
liability insurance policy or bond aha be d ,-Sd.o d
business in the State of Min neggta. a nd all docum g be 5
approved as to pg ntent. form and execution by the city 4ttL 7m: I
The lice a nd the Ci sha be H amad a s ioint insureds on the
liability insurance polic The poli shall be etf ctivo fpr I
the entire license .year. S
1
Subdivision 2- Form of Proof of Financial Responsibility.
Proof of financial responsibility m ay he provided by su pnlvina to
the Chief of Police any of the followina_ proofs:
jL, A certifica that t here is in ef fact a n annual 7
acraregate insurance policy for dram shop insurance of
not less than 9300.000.00 Der poll ev vea or
b. A bond of a sur po mpano with minimum "ceve{paas as
provided in clauge (al; or
r� A certificate o "a state T reasurer that the licensee
be. d w ith him 9300.000.QO in case pr
securities which may "legall be purch tiv tavinU
banks or for trust funds having a market value of
W nn.non
Subdivision 3. viability insurance for Temporary on -sale
licensee These licenses must provide the same insurance
provided in subdivision 2, with the a xceptigr o events held on
City propert If th eve is held on City nro Qerty such ys a
park. the thr VtlqJpt@ a iven in subdivision 2 a ,gply with a
dollar amount of 9s00.000.00.
Subdivision 4. Any liability insura ramI red by this
section must provide that it Igav n ot p n
a ca celed fo r anv cause t?y
either the insured or the insurer unless the canceling party has
first given ten days' notice in writing to t he issuing authority
of intent to cancel the policy.
Subdivision I. The insurance limits outlined in this
say-ti on .become effective on 1987 license renewals and any new
licensas applied for after this ordinar pages. becomes
affective.
Subdivisio 3. 0 ,1 specia eve temporary on -sale licenses.
if the event is postponed because of weather. the City Manager or
his designee has the authorit to change the effective dates of
the licansn $s le a s the t otal a mount of hours j= avad by the
=tv Co uncil does not chancre.
Section 11 -107. EUSONS_ INELIGIBLE FOR LICENSE.
No license shall be g ranted to a ny person:
j,, Under. 2 vma of aa f £a the nurposes of tI
ordinance. people born before 9/1/67 reconsidered ,y
wholasa. ?fi of beer and no such manufacturer or wholesaler shall
con fer -anv benefits contrary to law upon a retail licensee.
ubdivision 1. No licensee sh L l sell beer while hol.dina or
eXhlbitino in thg licensed premises a Federal retail liquor
deale specia l taxstamn unless he is licensed, under the laws
of,Iinnesota to sell intox;. catina liquors.
SSu ,di `jor A- No 1 i L gensee who is not al licensed to sell
jrtoyi- cati inuor shall ,sell or n®rmit the consumption or d a Written IBCe1Dt therefo If d po On, ell t
displgv oP xntoxicatina liquors on the licensed nrem ises or serve leer hoe ela nsec} w hen payment is pads- a 3rp rata shall be
ary liquids for the nurnose of mixing with. intnxicatina liquor. mid: but no sL +ch pro rata fee shall be. ac YgAted from any DrlVate
The presence of intnxicatina liquors on the niZemises of such a 1 D+ul liC DleCa which gas v.iel Section 11 -401 01 -Uh R
'red fract p,�
licensee shall be prima foci evidence of possession of ordinan 7 comDUtina such tae anv un einr_ shall
Any liq uid for the nurnose of mixing with
intnxicatina liquors for the nuroose of. sal.er and the servina of month shall be counted a one month• The Written -F
i.ntnxi�ati� li=ors he posted in so m§ co nspicuous p lace uo a
shall be prima facie ev idenca that intox ice t. i.na l iauor is being t
i ad by h otmi siona of Public Sa fety and Shall
perMitted to be consumed or displaved contrary to this ordinance ba knot Doeted at a times,
fit
Subdivision 9. Anv peace officer shall have the un qu Jry nonpro
alified sACtion 1 ?-4Q3- O ttR DAY LICENS$ sp
zi8ht to apter. i and search the premises of a licensee oraanizat on dHSir llfg tp a110W tJte C a I f j d
liouor or the aervinand sa }e of 7,ygyi�,4. to V" dur ing th e a hours without a search and seizure warrant and
may in the absence of a ti^.ense to cell i ntoxieat ina liquor. j +th intnxicatina liauO 4t 8 sponaQ soci,gl Icti tY oc q
ng
.seize aIj intoxicating v isors found on the licensed premises. +hip HrooklYn Cen ter s hall nAv a fge a{. set by Cjty Cou
Business hours shall be deemed anv time when licensee or Resolutio to t C. i tv M anaoflr, an d obtr d license �Q t
employees are' present on the premises. Refusal to nermit such ec +fled Period not to gxc 24 hOPr T license shall not
b he Com_is of Public Sa fety
'ins pection is a violation of this ordi.nanc_e and grounds for }ta va1 unl 4pS4 a: ved 7 h ss seised dv in4 n
anv O6
revocati of license- NO mor tha1,10 sur-'1 licenses sljgl,.
^alendar Veal.
Suhdivjlinn 10. Eve;y_ticensee .shall he responsib for the 'ori P 404 PREMISES OP °N FOR INSPECT TON Anv private
C onduct of his m u n
ace of business and shall maintain conditions of
sobriety and order. The act of anv employee e
oyee ^n the 1tcend Or public Dlacs 11 wi thfl consumption Or d isplay of
emises authorized to sel 1 n ^1•+ ^a le hou
i..t^t Cat; or
e
b rs f
P serve hear shall be db act +i n Q.. l ha o COm?"isaionero Public SafgtY- lja designated
of the t. i wall d and the licensee shafl he liable le to all 1 a fitly aLthOriZed DeaC officers Of the C.i tv.
DEnalties provided by this ordinance equally with the employee.
e.
Darmit such lnsp ^ti ono shall h§ a violation of thia
Section 11 110 CLOSING HOURS. ordinance.yery licensed premise which .requires a pasacard
«her indicia of mamber a coed on
Subdivision 1. It s¢al} be unlawfu tq self. cepsume or g antranca there ah,}tt e�ide the Chief of Pol ice b h with orth.
permit the consumption o P beer in any "on -sale" iodic a establishment pn a osea set
any Sunday etween the of mambHrsh ours of 1:00 a.m. and 12:04 nooP It -4 Bu loses hours shall" be deemed env time
shall he unl t a 5el l consume pr ner%j ttte consumption of sae o 6IDDioveBB era Dr n «he Dremise9. Raflleal,�i'.
beer in any "On -sale" establi,gryment between the hours of 1:00 when iicen ;s A v iolation of this ordinance and
a.m. an d 5:00 A,m_on anv other daX. d- revocation of tba l icense,
Sa rtion ines not a•2Dly
SSeCtion 11 111. .CT�TIRS- No club ?osses§_Jpg an "on- sale" G ion 11 -605. $XCLUSTON- oxicg l.
license shall sell bear to anvona other v
than members and aests to any nremisas licensed ?or the sags oP i yt +i *g tim•or,
in the company of members-
ss i pn 1�-dQ6- *IOTTRS OF OpERATjQN- NO DeL6
S Op 11 -112. STRTCTIONS ON PTIRCHASE A D CONSUM a er disOl: OI a110W CgnsumDt_0 p Q d lub av or
1
Zt isunlawfulfor anv: «inq liquor on env pramises of g bgtt clnb
gstablishmsgt b e t h e hears of 7.:00 a.m and 5:00.
a7d 3:00 q -m• oh ?Sg
Subdivision 1- jicensee o `his eml?loveg to Dtjzj;Lt ally a•m or hetwea the hours Of 1 :Q0
u between t e Burs cal otn le 1:Q0 a-..n- 4ltd $:QD n,•O- en n any.
ill
person u nder t sa e of ?l vears to censi3pa nor)jntnxicati malt gy; O r �n�h.
1igor en tee licensed nrem isgs- For purposes of this gr, ais
.al o a n ti on day rield try��3Il'
ordinan 1 2erson s horn bePora 9/ +/67 shat be cons idered 21 whi ff the bottle C1 +>h g r buai ast hl ishmeM, is located_
Years of age.
11 -607. T TABILITY INSL NC
Subditty n 2 Persop' to 1irSx:yra n onintoxicatina malt At p time oe ilina
liquor for an.4 ggrson under the aaa of 21 years. tdivis ion l w In +•ante Recu ired. t e
an apP" annual 2r one dqv set- u__jicanga the
Subd vision I. Person to i a person under the age of ric ant shall fill wi t11e C11 of Police mroof of financial
he
21 years to nurchas or procure nonintoxicatina malt liavor, raeponsibility *or lia bility -bl b shad, gu6;ect t surety a t
The or'
a City Council- ice° f end shall be dq
s
bdivision 4- Pe licy or
rson under the age of 21 .yearn tO lv lit nsad to d
1i t.'lity insurance Po
misrenrasenL his age Por the purpose of ohta tDlnd nonintoxicating bCSiness in the state o! Minnagota. and aj} dgautPents Ott
malt liquor. anon_ Quad r•• r0 n+, form and axecut ,gx+ b slot i yTSUreds the
The licsn ae and t ci ty shall be n amed as
Subdivisiop 5- Person ur,;rjgr the age of veers to consume. l+ bitity insurance poli cy._.
anv' nonintoxicatina malt liquor.
Subdivision 6. Pgrsgq unde the age of 2 Year- to possess
anv nonin toxicati na malt liais w ith inten to con sume i at a,
place other_than the household of his Parent or guardian.
Subdivision 7 No per son s hall con sume o dis nlav Orly
intoxicating liquor on the premises of a licensee who is not also
to sel jr toxic.ti Lq i.a uers.
Subdivision 0. Person under the age O 2} yaer to po nsume
any intoxicating liquor or nonintoxicatina'malt liatior unless in
the household of his or her Parent or guardian and with the
consent of his or he Pare or guardian.
Section 11 -113, REVOCATION,. The violation of anv provision
or condition of this ordinance by a beer licen a his agent
shal be a rounds for revocation or suspension of the license.
The licen e "anv Person who ho lds a federal retail liquor
dealer's special tax stamp with g 1dgs s to sg yy_intoxicating
liquors at such p iano s hall be revoked without notice and without
hearing I all othe cases a licenna aranted under this
ordinance mpv be revo ked or suspended by the Council after
written noti to t licen and a pybli.c hearina. The City
Council al so may 12gesp a civ Pine not to exceed. 52.00[1.00
pursuan to if -S� The nests i_ca sha g ive at least tgl
dpvs' notice of the time and place of the hearing and sha state
the nature of the charges again tee licensee-
Section 11 -114. SEPARABILI Fvary secti0, n or
Bart of this ordina 'is declpred separable .from evary other
section Provision or part; and if a ny section, provision o,`part
of any ordinance sF11 h° held inval id. it shall not affect anv
othe ser'-t provision Or part thereot
Section` SUPR. EMACV CLAITSE The sun clause
found in Se 23 -011 sha7 not a_npiv to Sections 11 -101
through 11 -lib-
1''.'" C APT .R 11 LIO TOR ORDINANC
S
MUNICIPAL •TO OR TOR
Section 11 -201. LTOTTOIi STQRr. ESTART, SHED, A MUniCipal
liTo store ii h ereby elta to be operated wit hin this
municipality for th e jgla Qf ]qugr notaple_ as a. havera_ae
containing more than 3 -2k oP a. l coho] by wQight in the sealed or
closed receptacle or retai for re moval f rom the premises
Section 11 -202 F TU ID CREATED A munici liquor store
fund is he reby created into which al l revenues raceived from tfe
ggeaation g the mun' i nal 1iLglAor store shall be pat d. and from
t�yie* all onaratincr exm open =9j4all bay "'ua1d,.-- mrovided that r_ fie'
ln1111t colts gf rent, fixtures and stock may be na id for out of
the aen rat fund f the mu nicipality but such amounts shall he
reimburse tp the gai genera fund. out n_f the first. mnnies
Coming into t he. mu nl.Cip4j liQDO store fund needed for carrying
in the acid business Any lnv accumu at' a in thi fund may
be.,trans erre to t general fu ,.d by reso_lut.inn of the Con_ncil
and expended for anv municipa purpo
Section 11 -203- HOURS OF OPERATTON, The muninji?Al_ liquor
%tore shal at all times Obse rve the following restri on
'he hours Of oP a iOn• No sale If intnxicatina liau0>< shall be
Mo. on Su rid III off_sale shall,_ be made before 5:00 a-m. or
iPte P o of a nv day sxcgnt Fxidav and Saturday, on which
?ays o !f-salf _made u ntil }0:00 o.m- No off -sale shal
,ill e be
lade pn NeW r S pay Jan uary 1: Tndg oendence D ?y Tu ly 4;
rhanksaivi jhv• Chris ggOs nav, ns arher 25 but 0n t11Q eve nings
)receding such Apes, off -sales may he made unti 10:00 P.m.,
Mr= 'that no off -sale shall be made_ on ecemher 24 after 5:00_
I.m. Al l sales sha1.T be made i full view Of the
Section 11 -204 OPERATIO OF TTjr, MUNICIPAL LIQUOR STORE
Subdivision 1 No b usiness other th an the sale of liquors
Oeer, beveraaes apd related. inoidental products shell be carried
On by the municinal li �n r stns or by anv Hereon emnloved
therein during the im so e mnloved.
Subdivision 2- NO liqu shall. be sold to a. Denson who is
in an,intoxi cn ndition,
Subdivisio i- No IjMlor Shall he sold tn_ A nsrson u nder
5214 aaa of 21 ve zs (Fo the purn of this ord inance,
parsons hor before 9 11/61 shad be co nsidered 2 t years o a e,
S7bdiviMiga 4 No Person shal enter nr remain in the
municinallato store extent for the nu Zpose'nf pis ;chas'n o
se111no liquor bee hsv Loges or re lated ins' gn 1 roducts-
Anv person entering or remaining therein for apv othe- 'nrt^?c�
gay be t,a nned by the city Mar�ger, Anv perso vio lating such ban
maybe Punish as DrOVided her in
Section 1 -205- ENFO_ BCMW Tr_ sha h] he the d� or the
Pol he municipa
Ce departmen of tlity to enfoorr-e the prowistons
of this Ordinance a nd to nom- nremices r_r se. .za evidence of
law v iolation and n resi+rve y try. same as .vi 'ience agai nst any+
Person alleg to be violet; n this ordinance a nd to_ D_=oars the
neceasa rocesses and panels therefor.
CHAPTER 11 LI OTIOR T TC ENSES
SET UP LICENSE
Section 1 -4n7- M UIT REQUIRE Tt shall be unJ .awful .for
any Prit •at° cl,Ukj er public nlac2 direct or indirectly or upon
any pretense or bV ac devices to allow the gonsum or display
of intoxicating liguor. or th sarivi O. anv li agid for the
g}gPOSa Of mixing with intn xicatina liau0 without first cgcurinq
Darmit from th COID IDissionar o Public Saf and navi.na the
fee as provided in this ordinance.
Sect 17 -dOa B NNUAL LICENS Evary zjz�ivate c or
pu lic p t desiring to allow the co nsumptio n Or d isplay of
intoxicet. JLaunr s hall -o n or bgfnrg ,TulV 1. of each v to
the City 6 T a fee as sat by City Cou Resolution and
Subdivision 2,. Form of Proo Of, Financial Responsibility.
Proof of financial responaibil itv m ay be prov by supplying to
the Chief of Police any of the following proofs:
A,_ &__certifi that th ere is i effect a n "annual
agarea insu rance policy fo dram s hop insure ^rte of
not lose tbAn 5100.000.00 per Do. l.iry vee or
b,_ A bond o a suretv po %par y wit minimu cave rgges as
provided i clause (a) or
Su. A certifi n" State Trq.surgr that the ljcenaee
has drf posited with hi m_ 53nn.00n.gn in case m
securities which may legal bp purch by sav i,pas
banks or for tru st Upds havina a market val e o f
slgn.ggg.gg.
Subdivision 3. Any liabilit insurance r equired by this
section must provide th ,At it may not be ca for env cause by
either the insured or the insurer un l... the cxjc.l.jna 11M
first given tan d zlva' not. in writing to the isavina authority
of inten to cance the policy.
CHAPTER 11 LI Ot1OR ORDI NANCES
CLUB INTOXICATING IIf Ot10R L,TCENaZ
Section 11 -50 1.. nrrMTION OF TERMS.
1. The term "S snail mean and include
ethyl alcoh and include disti fermented._
spirituo vi apd malt bevarLaes contain in
excess of 3.23 of alcohol- by waiaht.
'jl're terms ^sale" and "sell." mean and inglvde al.l
barters and all manners or means of furnishinq
intoxicating liquo n[ lirnzors_ae above desorihod in
violation or evasion of law.
5 The te -in "qff -sal a" means the sale of intoxica'tina
liquor in the origina nackagn in retail storos for
consumption o ff or away from the nramiaen where sold,
8. The torm 'bn -sale flavor^ means the sale of
intoxicating liguor b y the class. or by the drink for person who is ena jr Min nesota i t he busi
consumpti on tll nremises o nly,
of sell }rig. manufactvrino or di.stri
jptoxicatina liquor and who is nearer of k to 'l.
5. The term "wholesale" means and includes anv sale for the appli cant or his snousa than second cousi,jj,,_
auraa.as of resale, The term "wholesaler" means anv cyhether of the whole or half b lood, computed bV
person e in the hnsi.ness of sellina intoxicating the ru les of civil law. or who is a brothe in -la W
jjguor to fetail dealers.
pr sister- ijj_l_aw of t ap plicant or his spouse,
66 'ba term "mamrf;&rturer" includes every perso who. by
6.° exact l eca. l deacr on of the nremises to ba
anv process of manufacture fermentir btiawina. or by the
distilling. refinin liCe nsnd toa ether with a plot elan of the area showUg
g recti.fyina_. blend dimensions and location of buildi ICI
combination of different material Pre na_PS_ or
p intoxicatina for sale..
1 If a Perm fr— the Fedgral government is required by'
the Laws of the United States, indicate whether or not'lI
1 As used in this ordinance the term "person" includes n such permit has heen issued, and if so. required in
natural Derao of either sex.partnersh j corn orat i_on what name issued and the nature o the hermit,
And as.aai&t of persons and the aaent or manager of
gpv of thy Aforesaid.. The singn?ar number includes tflg
pl ?,,d thg_mascv n, includes the feminine 5 The na es an
md addresses of financial persons ether[ th
n he
gnd. neuter. applicant who have a gy_ financial interest in the
huyiness, buildings, prem ises. fixtures. fu -n iture. thgi,
5 TD. terms "nackaae" or "original nackaaa" mean anv pature o such interest, amount thereof. te for
co ke o seA]ed container or recentacle boldina p or oth ,e _imbursement, Thin hal inClud
r 4 r but not be limited to anv lgssees, lessors. mgrta
jntoxicatina 11QUOr. mortaaa lenders, l ion holders. trustees- trustors_'.,
9. The trm "club" means apd yncludes env incoreorated and De raarta wily have nopiarlad notes pr gt herwisa
rx
gjvaanizet org anized under the laws of the State gar josh §d. of eda gd. or axtended seculz;i for a*Fy�,
civic, fraternal soc or husiness Ayr o r for indebtedness of the applicant,
intel factual imarovemant or far the promotion of s ports
gr 3 cona ressianal ly chartered veterans' oraajji- zatinn. 5 auire. inf ormation as the Chief of Police shjg
which:.
jai has more than 50 members:
Section 11-504. REN RWAT, APP A Per the
jtl has nwned or rented a huildina or macs [n a rene al of an exi stina license shall be madg at least 60 d ays
building for more than one vear that is suitable and priO, to the date of the expiration Of t 1. {cense. 7 in the
adgauate for the accommodation of its members; judgm o1L_the City Cou ncil, G ood and sufficient cahse i s
/c1 is directed by a board of diractprs_ executive by the applicant for h is faUUTrO to file for a rgnewa? within the ll
committee, or other similar bodv chosen by the members time provided. the Ci ty Cqu may if t other Proyisi oj<',;
at a meetina ,held for that nurnose. No memb this ordinance are complied with grant the ap plication.
officer, Aaent, or olovee shall receive anv p rofit
from the distribution or sale of beveraaey to the Section 11 -5n5_ EXECUTI OF Ag ?LICATION. At) licatiens f =''..I'I
members of the club. or their auests, bavond a On -Sale Club licen s hall be sianed and sworn to by the manaog ;ll,
reasonable salary or wages fixed and voted each year by or an officer of the club.
the a overn tna body.
10. The term "nremises" as used in this ordinance, shall Section 11 -506. L ICENSE FEES,
lsgan the inside of the bui,ldjna or the leAsed space
inside A buildina as shown on the plan submitted to the The annual license fee fo r ap "o club" license
Chief of Pal,— with the ori_r ;.nal license. Outside shall be a s set'bv City emn Resolution,
Areas. such as patios or narkina lots. shall at be
included unless snecifically listed on the license or j_ The initial license. fee shall be paid in full before
snecial Permission in writing is obtained for a ited the application for a license is accepted. Renewal
aeriod of time under certain conditions. license applications shall be W od by .Nov 1
preceding each license Yea Renewal license fees
Section 11 -502. T,TCFNSE RECUIRED. shall ho paid in full by 4ecember 15 Drecedina eacl,,'�
license year. All fees shall be paid into the aeneral''I':
1_ No nerson extent wholesalers or manufacturers to the fund of the C i tv_ All licenses shall expire on the
extent authorized ynder State license. and excgat the last day of December of each year. Upon rejection of 1,
munjcinal limror stare. .shall di p
rectly pr indirectly any application for a license. or uon withdrawal of !I,
deal in, Sall. or keep for sale anv intpx patina li a vor
without first havina received a li cen ao. to do se as (Continued on Page 22)
provid in this ordinance.
5 "On -Sale Club" licenses shall be issued onlv to clubs.
'I
Section 11 -503. APPLICAlT70NS FOR LICFNSF. 1_verV
application for a license to sell intoxicating liquor shall he
verified and filed with the Chief of Police. Tn addition to the
information which may be required by the State C— mi_ssionar of
Vublic Safatv's form, the- annli.cation shall contain the
followi
1 Th. name of the club.
2. Date thlt the club was first incornor�.ted..,.Trug,�.cODies
of th e Articles of Ingo r poratign. Bylaws andlthe names
And ytreet. addresses of all officer e
Comm. ttae. man ager, a nd hoard of directm— .1lall be
submitted.
3 6 Fj sworn statement that the club has been in exist
for more th an three vears. The statement shall be madg
by a nerson who has nersonal knowledge of the facts
stated therein. in the event that no nerson can make
such a statement, satisfactory documentary Proof may be
sUbm. i.tted i, su port of such facts.
g. The number of membe ca rtified by the Club Treasurer.
5� A personal informati foM. erg provided by t he City.
filled Out f or the manaa all offjggrs. a ll members
of the exec tive comgittee. apd alb memba of the
board of a ct rs containijya the following
information;
g,e. True name, place And date of b irth, an .treed
res idence address of app] i. cant
s Whether app licant hay ever used er been known by a
m
paa other than his t rva namg and, so. what was
such name. o names. and. i •nform atia n .concerning
dates and place. wtlgre used.
Whether applicant is ma rried or sing U
married. true name. Dl are gnd dq" of hi ,rth and
.treat reaJdgnce djr... of. amRj�c.rtl. D es
spouse,
SL Whether applican a nd Presen spry a e erg
regi stered voter and if so, where.
g great address at wh applica apd resent
spouse have li ved, du ring the orecedinaten years.
f— Kind, name and location o every hu.ijIess or
occunitig appli cant and P resent s pouse have been
engaged in during the Preceding ten years
_q,_ FAm_ea and addrassa. o applican a spouse's
employers and partners, if anv, for the preceding
ten years.
b, Whether applic e r his s noµsg. or A parent,
hrothe sister or child of either of them. has
ave bee convicted of any felony, crime or
violation of any ordinance other than traffic
V sq. t he applicant shall furnish information as
to !-he t ime,. Place And offense for which
convictio we re had.
Whether applicant or hie spou se.. c a parent.
brother. sister or child of either of them has
ever been enaaaed as an emu ?ovge O rin operating a
saloon, hotel, restaurant, cafe tave or other
business o a y ilgilar natu T f so, applicant
shall furnish information ae to t he time, place
and length of time.
j. Whether applicant ha eve been in military
gory cy. ,f ab- a pplicant shall, upon request.
exhibit all discharges.
The name. Address and. business address of each
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER `1 1
OF THE CITY ORDINANCES
(Continued from Page 22)
a.m. on MOm day. No intoxicating liglaor shall be ,gold no
consumed nor permitted to be med wi thin a licensed
�etwea th -houra of l:nq p.m_ qW R !nn a.T_ o any wee kday +NS Tha term "hotq} ".means a i ncludes any estab lishment
on -Sale" shall be made of A On Vie_ on Decflmber 24. havi.nq a resident orovri.eto or manaag who ;e, i,II
O n of. pavm t herefor, fgod end l,odaina are
at'
On "Sunda wi may be sold Withou of e s pecial license under riv purniphed to transi.ants. which maintains fer
e authority ot ''ill "off- pa lewine" ean sg li betwe the hours of
re a.
,�O:qO a. and 12.00 midnight in cons n tion with the serv o f -tile use pf its pa pts not less tha 100 at rooms
food, witb beddina and .other usual. suitable and n ecessary
furnishjnos in each room. Which is nrovided at the main
Section 7 1 -613 RESTRICTIONS ON PURCHASE ANQ 'CONSUMPTr gntrance with 'a sujtahla lobbv. desk, and ofjjce far
the ragistration of its Rnests on the around floor
1, N2_nersom u nder 21 years of age shall misrepresent his which emp loys an adeaugtg, staff. to provide suitable and
btai
acre -for the purpose of opina intoxicatim 1 o- psual service.- and wh i,Ch mai ntains under the same
nor shall hp pnrgr anv p ;emi ses lieansed 3or the rate it management and control a@ the rent of the establishm rat,
sale of intoxicating ianar fnr ha burnoV. t and has. A. all it garal pare thereof. a dirina ppem
as
ggrchina or having se rve with appropriate facilities for o of 7 than
d. n deliver to 1,,� f °r a n— 1 g
ss
consuming any such 'intoxicating li o nor shall any l00 quests At one_t. S th the general vuhlic are.
such Person purchase arts @et r p
purchaae: consume, or in considezati n of payment the served with meals
have another Person purchase for him any intoxicating o t tables,
liquor,
}9_,_ Zhe term ^restaur means a ny establishment undVK the
b No Person under 21 years of age shall recei delisery control of a inala ntonrieto or manaaer. having
P lea fn serve men sand f ar seatipq
o_ antoxieatina liquor, anorop i;ar,111t. f
�s No. nerson shall_induae a nersoD .under the ace of 21 pot }gss than 150 guests at o time and where }q
yea rs to nurch o> nrocura or obtain i.ntoxicat.ina consideration of payment therefor meals are re gularly
liquor. ggryed at t able s to th.@ g eneral ouhlic. and w hich
emD. oyp an adequate. staff to provi the u sual and
suitable servi to its es and a signi part
4. nerson who. may agnear .to the 1 his of t he bus iness'. of which is t servina o_L_ foeds.
elyp l.pvees o tp ha under t sa e of 21 vears._
shall. u pon do -a of the l i C.enpee, his employee o, 11, The term "premi p used in th is ordiMncs, s hall
agent, produce and putt to be examined a valued mean the inside of the building pr the I.eased space
driver's license or identification card._ jp.id. g, hp ildina AS ahown on the ip ar submi tilg
chief oP Policawit_b the original licen outpi,$e,
S. Tr every prosecutioq for a violation of the nrov. si:ons areas $veil as patios or parkins lots, shall not be
of this ordirlapce rel atina to the sale or furnishine of included unless specifically li etgd o J;b lioe nse Or
intoxicati 1i or to narp —i under the gas of 21 spacial permission in writing is obtained for a l imited
years.. and i pvery proce9dine before t he Cii- Council period of ti m unde certain conditions,
Jith repnect thereto the tacr that. the minor involved Section 11 -70 2• L ICENSE REWIRED,
obtai ne -and gras r�t']ted to t11e licaclsee. his
emyj ovee or,agen .,a verified identification from which 1_ No person except whpdesalers or manufacture tp .ill@
it apnears t hat said person wse_.2t years oP age and was extent qut m+ ge under a e license, and exeunt the
rewlarly issued suc identif iration card. shall be municipal liquor store shell directly or indirectly
prima facig evidence t=hat the lfcensee._nis agent ar deal in sell or keep for sale any intoxicating llwor
em ovee is not- .ayy}ty of vi olation of su ch a withgyt first having regai a license to do so as
groyipion__And shall be eanclusive evidence that a provided in this Ordina=e,
violation, if one 11op r _C, red. was not. willful or
nt
ientionaj. 2 ^On-Sale Liquor" lie nsae. .shall be issued only to
restaur which are con =tad in such a manager that
6. 3 Hereo .pal give sall or purchase ,Y significant part of the revenue for a licen year 1S
intoxicating liau tO nr,-.•for any Olrson to wham the the sale of foods and to hotels conducted in such a
sale of in tnxi C_ati liquor is fo rhi_dden by law. manner th at. q j that nart of th totp revenue derived
from the serving of foods and intoxicatina liquors a
1 intoxicating liquor shalt be consumed on- a public pianifi ant part thereof fur the license Year is
highway or in An automobile derived from the servina of foods. The term
"significant part^ Ys defined +nder each license class,
Section ll -614. T,IAHILITY INSURANCE,
The following are the ivnes oP "on -sale liquor'!
Subdivision 1 insurance Reau}rpd, At the tilde of filing licenses w hich can -be isauefl under this section:
an application pr gnv g7 i,FtnxicaGkna.. li mi l: License. the
applicant shall fil wit the Chief Police proof pf financi -sal, A, On -Sale Class A Lim ?or Licen AP3 _or more of
responsibili fa, liabili whicjj shall be syriect to the the applicable revenue derivefl from the servina of
'IRnrov of the C ity Cou The (.goer or surety on env foods: Class A licens are avai to -U
liability insura npq.nelicv or bond shall be dy? cerGed. to do I,C I a a restaurants,
busin i t he State of Minrlgeota. A a17 d9C.uments shall be
apq peed as to cogtent._ form. a nd execution by the Ci Attorney. b. On Sale Class Fk Td auor Li.cen 50t t hroug h 79%
The licen and t City shall be name as_ i insureds on the _f tee applicable re derived- from t_h serving
liability insurance poli cy_ The Policy sha ll he effective for of foods._ -Class a .l icenses are avai.labls to all,
the entire lice vearr._ hotels a rk restaura ts..
Subdivisi Fn" pf. Proof of Fi�rancial R..nonsjbility• Qn -Sale C lass C Tim.nr UjWnae• 40% through 49$
Proof of financial responsibility may be nrovided by suzplyinq to
thS Chief of Poli anv n t the following proofs:
ay A Certif i.CAt. that there i in ef fect An annual
gaarea insurance Policy fo r dram shun insurance of
not less tha S30n 000.00 per policy year; or
b A band of a surety oom with mi caver as
provided in clause rat or s
A certificate of tha .State Treasurer t hat the licensee
has den ,i red wit h im_ S3on.000.00 in cash or
4eCuriti. es which may .legally be nurchased by savi
barks_ or fa t rust funds h aving a m arket value at
i S300.00n.00..
Subdivis ion 3. Any liabilit insurance r@aM red by tlyj_$
sect ion must provide that it may not be canceled for env caua. by
gyth @r the insured or the insurer unless thg ca nceling narty As
first G iven lien days' noti.cp in writinato the i.ssnina authoritv
21—i ntent to cancel tt} i.cv.
Subdivision 4. The insu Tance. limits out lj_led in this
sect or becemg eff.c.t.iv. an 19Q7 license renewals And gnv new
lice nses a2plied for after this Ordinance C. becomes.
effective.
§SCtien 11 -67 .5. REVOCAT I o City Council may sus
or revoke anv intoxi catina li wor license and mav a r_il„jj_L
fine n ot to exceed 52 .000.00 nursugnt: to M.S. 340A.4 for the
viol ation pf anv nrgvisinn or condition of thin ordinance o of
Arly State law or Fed. j&W rea ulatina the sale nP jntoxif:ati,pg
diauor. and shall revoke suQh ligaase fer anv wi l.1ful vio atio
which, under th laws of the State, is g rounds for mandatory
mvncati and shahl for aailure to kee the insurance
w
rei red by .Secti 1. 1. -41.4 i fu1. force and effect._
Nonmandatory revocatioq or susnensior by the CeunC_i.l shaU
be p recedsA by wr itten n otice to the i copsan and a Du blic
hearing, Th e notice %hat:V_Zivo at lspst J.O days' utice of thg
time and place of the hearing A nd shall state the naty of the
charg aaxinet t 1, i cen ee. The no tice mgM kle ¢s1Ned iypon the
lice nses eel' ;ngal or by" l vino trig same at _`the 1:icengg
prep asp wi th pgrsan i �f'zih �t�as theranf. 'Nn "s ggFiension after
public hearing shal exepoo An d ays.
Section 11 6 PENALTI An son violati any
provi sion of this o rdinance shal he ovi,ity of a pjademgano and
ggon conviction t hereof. sh all he Dgpimh.j by a f ine of not more
than sgven Hundred dol lars 700.001 and imprisnn+nent for not
laore than 90 day.s. or both. tnaether wit th e cost nt
gnsacution.
CHAPTER 11 LIOUOR ORDINANCES
INTOXTCATTNO T.IOt7OR T
Section 11 -70 DEFINITION OF TERMS.
The ter "in tnXi r_ati ng li q uor" g1jall paAn and inc
ethyl a l C_ohol a inc lude disti lled. faroaTIte
spir ituous. vinous. a nd_ malt bever containina
excess of 1.2$ of alcohol by wei_ajlt_
2, The terms "'sale and "sell." mean and i nclud e all
bart PT< and 17? ipenners or means of furtl hind
igtoxicati lia uar or l as above desc in
violation or evastail of law.
3. The term "off -gala" means the sale of intoxi
dj in the ori ginal *,ackaa rota' stereo for
gpnsumDtion of f or awav the premises where sold.
s Thp term W e -sa l.. I magna thg sale of
intox icatina ]Lc uor by t class, 6 by the 6 for
consumption on the premises o nly,
b The term "w11Q1.esale" mea and includes anv sale for
pur of re ale.. Tha. term "wholesaler" means anv
person engaa¢d in. the business of sell.ina intoxicating
j auor to fetail deae s.
6. De term manufacturer" i ncludes evary person who by
any nroC.es.s of manufaetufg: ferme brgw ng,,_
distill. ing. refi rectifv blending. or by the,
combi of djrferent rpat ale. prepares or
produces intoxicatin liq uors for sale.
7. As used in this or inance.�he ter nerson^ includes a
natural person o with sex._gartnershi cor noration
god a @sociat of. person apd th agent o r manga of
acv of the aforesa The singula number ipc)udwp the
alyral and th. .....uli pronoun inc ludes_ the femi
AWL- neuter.
The terms "aackaa or oriainal package" mean any
C grk -4 or %paled contai. gr o r rs ntAcl. hol
intox icatina liwor.
gr the _a pniicabte revenue aarivea rrom the serving
of foods: C amp C Uppnsa. p re avpilable only to
pgte}i gqd to restptt -hick, dative a
considerable pa of t heir revenue from sources
other than liquor and food.
ds On -Sala N D Liquor Licen T his is a
nrobationary li cense fo new applic 4bq have
eat gstahliattatj a rati hatw..eL Mood ani liquor
fgr the i:icanseo orem. isea,. Twelve Ai0smi of
documen oP' rgpq and 1 i r galas ayayjl be
pre.ented to t he Chie 2oliceon or before
renewal tim tp determi'ne the' appropriate license
rues for the following year_ U_ such
ggcuma ntation JS at! ava}jgp }e_- th VrObationary
1£ce shall bo e xtended for no more than one
additional Yea Othe —if.. a class or C
license will be as signed based, on established
ratio,
_e Sun my auar Licen Establiahmente to
ti tict� "on -sale 1£c t .£censes have bean issued
may file an applicatio wit the rhief of Police
to Verve i liquor. duri set hours on
sundava to coniunction with the &a l of food,.
f Temporary On -Sale Liquo License: Anv club.. or
charitable. reliaou9 or otfjer nonprofit The application hal containa 71st of ali
organization in existence for, at least three pgrsena. who. sihaly o+' togathaz with_.their
Years, may he +&sued a temporary license for. the spouse, or a parent. gthorn s£star-.Hf oh£ld of
on -sale of intoxicating liolor in COnne�pn with I 'th r f th @ID Ow or control ah interes ipL _a
a social eve o
t within the city s onsgto by tkls corporation or asgpp +n ss of Sk or who
licensee. The lic apse mpv au thorizethe -on -sale are y fri or directors f aia eernoration�tz
of intoxicating liquor for_7pt Tore than three together with their aaars.a and all
censgcut�vg davg. and mpv autjjgs_i a on.eales an 'n ormat£ as is required of a a aom licant
premises other than Premises the licenses owns or in su hsect Qn 3 above.
permanentl ocq T he. 1£ce may �vrov£de
that the licensee may contract for intaxicating $e exact legal description Qt- thtR_mrnisar be
liauor catering sery w ith the holder of a t her with a plot elan of iha area ahowinm
full -year on -sa iptp atincr liquor license dimensions and location of buildings.
iWilad by a municipalit Licensee Moor. this
Slkdivision a re net va lid unless first approved by Aa t for On Sale Liquor" tirenaa shell at =fm£t
the commissioner of public safety. floor Plan of the dining room or dining rooms. which
g� Special. Prmv ion: sno +^ts. c- gntions. or shall be open to the Public phall show dimensions and
cultural tacilit., The. City Cou .may &$all indicr t h of parsons intended to ha
authoriz a holder of a retail on -sale ser v ed in each of said rooms.
intoxicatina liquor 1 a.m.. Ito dtspense' c
intoxicating liquo at a ny convention, IL jl, a Hermit from the F deral nova ant i zaauirad by
conference. meatina or soc affai cenductgd�
s of the United States indicate whatsar or_n�
.the premises of sports. convention. or culturalI sy i` 'as been issued- and £f so.. z in
fadljf.ty a-nod. by the municipality' and ..located .,.n jested and he nature of the Hermit.
within the municipality. The licensee must be {cant hss in
e4 r p
disense .intoxicating liquor 'at all amourt of t t' th
r•at bibs ap ^1
event he o by a Person or organization permitted. a ouainea biild +na nremisas fixtures furnitu
to u the gremises. a nd pjpv d ispense intoxicatina stock in tra a t ce I ra. and proof of the
liauor on ly to og ions att ending t he event T112 IUQh money.
licensee may n ot di spense intoxicating liquor to The g nameaand addrassea a sS�-�
any...pers attendi,D,a qr- participating 1n an ti t, who_ h ave a f; eSt 4 n the
amateur athletic event held on the Drem£ ss fern£ ura
pld i ass buildings
i trade the nature of such i ..a) °!L -u�c
Section 11-703 NUMBER OF LICENSES ISSUED Tha Ha r o araof terms far n Vmant o other re
"on -sale liquor" licenses Lasued by the City of Sreoklwt Canter This sha12 include, but not b. +mi led to env lassoes.
shall be limit.dto> o `aaaees. mortgagors, lenders. lien holders
Section 1,l APPLICATIONS FOR LICENSE. Eyery atees to store and persons who have cosianad:hofor
application. for a l icense. to sell rItgw }catina liquor -shall be otherwise loaned piadaed or .xt.9.nded s acurit
verified and filed 'with the Chief of Police. In additio to ttlg Ej.. s hall not
inform tion which qfv be required �v the Stat. Commissioner of jn 'e arsons O or controh ins l ass t han a Sk
Pubi saf.tvla Form, the anplicatinn -h contain yntaraat in the bua£ness. if a corporation.
following•
jj,,_ Tr s idancas and business addresses of .three
whether ttle'avp3£cant is a na tural person. corpora 9ona residents of the of Minnesota. or good
partnership or other dorm of organization morel eharactar not .related tq t.
financial interested in the premises or business: who
Type of- lic an.. a aeekp. ggv be referred to as to the appl £cant's character or.
i. where information 4 r.m.ired for __a
jf the -appl £cant is a natu person.: the following manager.the manager's Character.
information:
]j,_ v y ecner r not all real astata anti personal Hronart
A._ True name. plan. Pnd date n l birth, a nti street tea the pramisaa to be licensed whi ar duo and
resident address of applicant. g bla have been paid and if not p
i which re un
h,, Whether appli cant .hag. ever ...d g been known by sa
DaT.e other t han his true name and ao Wtet.was y v a
_quch- vamp, or tlpmes and,.information concerning iicenaa :or for transfer tharegf_LS- *±ramises..eitdiar
dPtPa ,and nia_cea w here used. plan der c ^_nstruction or unaaraoit+o suhstnnSL
a lt t +on the annlication shall beaccomnaniad `hv a
C The nntae:of thehus if it is ft be cpnducted set o r a liminary Ht ens ahowina the- d _az ue
unde.t a dea janation. name o atvt other than the e t,Zoso Hremisee to be licensed.
full individual name of the amnl£cant• in such
case an of tha perttficat£on. as as t Chief o .ui.n.d. by h ..that information Police shal
1 Minn tylgj. 14,_ rec
t r s� a eta Sta r_ert by the require..
Clark of otstrict Cou shall b. attached to the
application. Section 1 -705- APPp•T aC_- TSON app c -tip
renewal of an existing_ license shall ba made at least zv el
d, tether the applicant is married or singl to r re n r ration of the license. IL in the t Q r
married, <true name, pl ace s lid date of •birth and f`ri Council good and sufficient ca +b ahowh
aj�re.t residence address of annl.i cards gresent n anoiicant for his failure to file toz a ranewat irt.in the
In Sims NO i' the itV_oyncil may, if the other Provisions of
�hia an_ca era comnl£aa with..: -grant t a sfCrl£cati4n,.
g_ Whether applicant and nrgsant. spouse' are
r
registered voters and i fan. where.
L� Street addrpag pt and Dresent
I ...a have 'lived durimg ten _va ars..
g, Kind 'name and' lgcatjnn of pv— hpai,llysa or
OCCtinat ppP or plrasent snou h ale been
gnaatied in during the tar years.
}y, Names and add "saes- of po�t'a
ar n ,.;anon q's
gpnlovers and Ptners, it anv.�fo tr Maprecedina
ten years.
whether applican or h i L l_ s neus¢. or a parent.
br other. siste of child of ei ther of .them,., has
eye been cpn virta8 of any fgleny, c -ime, or
violatio of env ordipange. otheir ttlan trg tfic
If so th a sha fur nish. informati as
to t time. place and eftign.. fa which
convictions were had.
£cant or his s nou,ge, I ar a gare
brother :::a y_
i.ter o child of eithe of tlytiip 'has
aver een engaged as An emplo or £n operat£ng..a
saloon. .hotel. rgistau cafe taver or ether
bi£sines of a s imilar natu 7f "so_ a pplicant
shall fu i'n i.a� }nforwAji.. a. to t!i. t ime. place
and length of time.
Whether applicant has eve been military
service. tf so, appli sh Ajl:' upon rean
exhibi alt discharges.
Do name. address qnd business p ddress of each
person woe is engaged p s
2f S -UADo- manufacturing or stributina
intoxicating liquor and wte }a ne arer of kin to
the applicant or his s n-pse t han secon cougln,
whether of the whole or half blood Com ..tpd by
the rules of givij,law. or who it a bcot_her -in -law
or s:ster -in -law of the applicant or his spouse..
q_ IP the j ;I Partnership, the mesa end
addres a t .all r partne and al} in formation
concernin roach Partner ag required o a s ingle
applicant ir• Suhls gtio 3. ahnvp_. '6 managing .partner
or nartnera phal} be d es£ a natod. T he inte o f each
partner in t he ppginesk shalt: be d asclose tt.- A .t
copy o P: -thee partnership aa feamen t shall }+m su bmitted
with the application and if the nartnersh£p £s reaUired
to fil a cg .tifi ps to ..4 trade -name.'undar_ the
provisions of Chapte 131,- Minnesota Statues. a. COOV Of
_g= .art.=rt- he tif+ed by the Clerk gf. District
Court shall he atta ched to t he application.
5� if the applicant ip a co rporation or other organization
and is anplving for an "on -sale liquor" license, the
following:
A- Nama and if incoroorated, the sta o;
inQorooration.
b. A.. yv. T y of Certifi o f Incorporation.
Articles of Incorporation Or AssociationAgraa_ ft
and By laws a nd if a foreign eproeratlon.a
Cart iti cate of AuTlgority as d eapritiad aster
303, Min n... to Sta tUtea•
g The name of the manager or proprietor or other
aaent in charas of the promises to be liGensad.
giving alltha information.about personae ds
squi o f a sinale applicant in Subsection 3
above,
At the earliest practicable time after application is made
•al of_an "on sale 1 l±cnnse. and in. any avant
Q r to the time that th .in is consi b y the C.itY
C t he ica.', m fn a w ith the .Chief of Police .a
statement prepared b a cg rtifted Publi acc ountant that ^shows
thha tots hero s sales and the to C, a d sal o f the: rmgtau ;ant
for the twel vg lggnrh paned immadiately pr @CediD9 ,_the date f s
L _ii}! renewal applicatio A fore an c xm ti an shall YI a
cur certif o f Authority,
1 -706. F UCUTION OF APPLICATZ.4 If the
's by .son it shall be signe erd' evoxp
f bV a CPr9 sration by -q affix rathBL iP
to bV Mir 02r by a maztngrship by on. of t Partners; if by all u nincorporated
manager 1 r ma hao;na oEYioer th ere.(. I1 `ha
anPli 's a Partnership the application liCo.se and bond (or
hr. .made issued name of all
insurance policy) shall a wd in be t
rtners. An "on sale liquor- license will n et be renewed if, in
the cage g e an individual the licensee is not a
Sectjoh 1 -707 LICENSE FEES• regident of the Twin CitleS metropolitan area at =1
annual feg for "on -sale liw licenses time of the date for renewal; if in the case of a
steal]. be to ap amount as sgt forth by £its Cquncil ne=shin the manaaina partner 1s not a resident of
awl The Fee for a 4 rary on -sa le liquor the Twin Cities me of
metropolitan area at the time
licen shall be in an amount set forth. -iv city Cqunci.l renewal; or in the Casa o a po
'resolution Mnager is not a resident of Tw n '.Cities
metropolitan ar��y„ at the time of the date of renewal,_
y, The initia l icense f ee shall be paid iF M�TR
fu ?J before The TWIN CITIES OPOLIT&H AREA is defined as being
the application fqr a.: 1. icense is apt ?tad- .Renew.} comprised of the counties of Anoka. Carver.. Dakota.
liven p fees shall no mr #d ir4 full 4t the tt-- of Hennepin. Ramsey scett A Washington,
A212lication for peneyal All fees $ha13 be paid F atO 1 No person shall owe an intergst in mere: thaw qne
the general PUnd of the C i ty.. A} I capses shall establishment o busi ness within Areoklva COU11 for
expire on t 11e last day of none T[be>vQf eaG}� ,y8ar. Upgri which an "on sale lia 'Or e, "an -ge Wine" license
reie_cti of a pp
a licgtioo_fpr a ljcensa or upon has been granted, The term "inte rest" as .%ad knthis
yj f,,hdrawa g p�giicatiori be #ere a3nrovaI of the section 'includes apv necuni i nterest -.ip thg
igSyance by tha_City council. the, 1�eansa Pee
hall be ownership, operatio mgn$oemegt or orofitm of A ret4U
reLvnded to the aTglicant. Ate} temoporary nn =sale liquor pat me but'- d oes not include bon ftdo
auor" licenses s hall be a ped. only far the date t ygans: bona fide fi led su rental agreemen bepa fide
ti eg and location snecf f, ally named on the Accense open apceunta a other obligat held wi or without
itself, security arising out of flue ardina apd reaulat caurs
of buminass of selling or leas merchand fixtures
fee for an "on -sale 1i Ner" license .:ranted of er or suppl to s uch establishment• or an inte ;t of 10
3. t om-enCement O f the license vaar shall: b p rorated pgjcant_ er?.eas env corporation holding a censB.
Qn a daily basis. Aiperson who received monist f. i,Re directly
or indirect }v from a}} from time to t
oegsee. in the ahaence_of a¢anil
y rMMn the license is fora 2rgmiso where the buk1di•na is 9j,¢g am nsideration therefor and eje juding bona fide
,not regdv for' occuvancv. the pompgain nt data for aifts or donations, shall ba deomerl. to have a pecuniary
comiputati o the license fee fo the i wit;aL license interest in such retail lice Ta datetm ininq, "bona
period shall be the data en which a ce -,tif ieate or fjde" the reasonable value oL the aoods. pr things
occupanev bsuefl:. received as consideration for anv Payment by the
licsn a nd all :other fa cto° reasonably tend to
Ne't ;ans.fer of. a 1}cenae g hall be Pe rmitted Tom place i gr e elkMr ve. the existence p anv PurDOBeiul
tq M aea ornerlon,to ner�aon w +,about Coln lying wi. «h the scheme or arrangement to e v »da th$nrehib itiens of this
i,s
reauiremeat. oil an 'original anpllca j ait .scut as section shall be considered,
provide hv_ sllbgwisiron 9. of- thus Section. F,or Section 11-710, PLACES INELIGIBLE FOR LICENSE
purp oses of this subdivision. a chanvg_in thg
.,.,iroll;na i ntgrast of the license. is loomed u_ No license shall be granted or renewed or operation
transfer of the l icense. on any Premises, on which tAxas. Base- mvant or other
,asua t! f2g al iaims o£ the City or OP th e State..ara due-
Dart o f the fee ogid f or anv license :.under delinquent or unpaid. Zn th evgnt An acti has been
jLi9 ord shall be raPunded qwc t i,l the commenced pursuant to the w2 is. iens of Chapter ;7
following in starlpen up ap nlipat� l to the e
e CovnCil Minnesota Statutes ostioning thR algP of validity
wjth i:n "in days flQm the ha ppening o f the event Toe i of tax es tta Cou may. on application by tttg
Council may i n is iudame refund a pro rata portion licensee, waive stri com w tth this :provision;
of the fo the u nexpired .Peri of the 1-ilcen ;e._ nQ waiver may be granted. n oweve for taxes or anv
fee
Comp uted on a mo bad s. when operation of the �rtion thereof which remain un,,id fo r `a Der i.od
ijC_gnsed buajneys cemg not. lass than one month before exceeding O ne year after beQoming. due,
expirati of i'leli cense because of:,
j No 1i p.. p laall ba'isau fo the premisas by .P
es C +.cn r damace of the licensed premises bV ee =son to w hom a license may not be granted under this
�tr o r Cti a ra tastro+7he• Allen. except any owner who ;s a minor, nonresidbn_t
Allen:. pr_ a Parson whd hgs_ bean. convicted oY. a crime
the license.'. "illness. the. than a violation of Minnesota Statutes, I Chanter
a licensee's death.
P7e eo sale 1 shall be granted ea gar a
A change in tha jagal status of the Vlulicida l itv restaurant that does not have a d; nine room. .open to
making it unlawful far <a Licensed business t the genet 1. public, with a'tet�, 1. IDinimL flgOr: area Of'
continu 1.800 sauare. feet and se g
atin. fnr. 150 .peo ple or for a
hotel .th dpea not hav n mina area, ome tP th
7 �t the t }me of each nricinal application far.a, licansa_ goner I public with a total minimum floo >a rea at
the a in full ayi investic3tiori fee, 1,290 s ay�gre fact a ri a seating for 100 people:
an amount at b City Caunci. resolvti On: A'1
2_ }cant ,hA11 nay
investig feeq are nonrefundable._ g 1i2e nsg -Ull be G ranted for any place which has a
common entrance or .exit between a nv tvq pst pblighmenta
At anv time that an additional i.nveaticat Qn is ascent that a Public concour o Public l„ obbv sha;i
regvired h_ecause of a license renewal, a ehanae yin the, ngg be const as a co=on. entra o exit,
owne rshiR o r control of the licensee or hecause n _-an T
enlaraament, altaration or extension of. premises Section 11 -711, CONDITIONS OF LICENSE.
Nyev i :pu sly 1. i.cen;ed rile licensee shy an
;L vgstivatign fee'ga set_ forth in supd_i vi .ion 7 -o� this E very liCen stiali aura arant subiect to, the
section:: The investivat 'f.a shall ac the conditions of the following s>`bd iyisions and'ali other
apDl t' cation: subdivisi ens. o f this ordina .,end of any other
applicabl ordinance o the. aw.
9 Where a paw An location ie filed as of City or State l
i. C oratio by an existin, licgpsee and 2 2, TThe license shall be. nested i a cons picuous p lace IM
ovnersh�i,n. co ntr0} and interest
unohanae i the licence ire v the licen establishment at All times.
d Pe additi.nna Ali Censa fee Will be t.culred.
t n 11 70A. TNyFS OF APPLTCATTOf1S_- All. 2=, Any police officer building inspector or anXemployee
application, t for a l icense _shal} be referred to tDo clli of so de3ia b4tad by t city Manager .shall have tllg
police
a nd to such ether City departments as toe Citv M- Pa4,er una right to enter inspect and search .the
shall deem n ecessary for ,ieri.f i.cati.on one investivation: of the swarra af the lice
re. s all Us bg de VL4 A0j_time
fa set forth in the application. Tile chigf 04 PoYice sh51; or g
gaUp to be made such •%,pativataon of. the information xe[. icens
fed when a ee m plovaes era Area @nt on the premises`
Refusal to °rm't sLCh ineoectionie a Violation of
in this ordin ance as shale.?; 1. benecesgary end ,ghail make a written this ordinan a trrounds 'for 'X evecat Zpn of the
tevemmand" and ..wort to t_h,. C] `v Coupcij Th. Cit,.v Cou7iCi]
gav an thgriEe gUgb additional_ve
inst j.vat ion as it shall deem
R@C@aea 4.r. Every license li s hall. ba raynenaibla for to conduct of
1 -709- P,RSgNS T•NELIGIAT,F FOR T,TrE F No li:ceilse big plac can ag e of busihess and the conditions of. sobriety
to 0;_1eld anv_ of: the fa L'0wina ner The
anv o wners _offi cers.. managers em nlovgeg of
Q rho reauJrs invest a on under this ord inance hereof
shall 'aattribv to t ilg 1 i tens @e:
IInde.. bears of sae (For curposes oP this ordinances..
gg born be Pore 9 /1167 shall be consid 21 years
of age.)
j Who is not of good moral character.
Who. is net A ri tife of the Vn it_ed St;tgg Pr ,'a
resident alien erup w 1t oral to
and>by a .ppgk9}Y'un¢,._and i
1 iel ati o r. anv
Who ,h %g pee convi ctgd of an
Ap sta the 0-
aP t stat of _Minna ggtia-
v her t%4t st r
territory o a nv loc .rn._:seingnCe
t h. m n ga la dlstrih ,ti nn pr
Dossess�glL.�. ?3 distrib ti on of intox icatlna
1im,ar_ drugs or prolil su bstance o w r ^s� lauor
v kad for a ny willful vi�ation of
11came has Lmp- A�
f «.,ter or w hole @ale of tntoxicatina
any
s Who is a a ur or holesaler shall ei -tiler
iv nwn oX c ent of o hayS..�DY
1 i rares i*s anv i
.tins 1 Yauor.
interested in anv `other
Who i i o 'ndi e. -,v k c•en r.4. to w+
v
or or a "on -sa n ^e" license has
an on sale
War is.u.d u der th_t rd iUAD9.A does
t ;lava a ML_Vho is
wt if a co rporation d5°i oRS of thi eactLOn.
li 'bl�u rguant to t
s he po she oL a person 'note o a i apse
ou= suat,t to _..damnnt of the C>.tv
c or ,who. e or
C� .,nc ea.=sl -al ---te nnot t,gg re al part _>_nc_
nanefi i i owner of the business Postal a to be
ands. the li cnnse�
gger
ADd gr in the place of business and on ha prei sas
Ng "n .l- sale.lia licensesshall welt
in oxi �i
liquor "off -sat-
No licen.a«., afy�t p4 pf a v hgvand >;ha space nomad in
the license f =or whi h it -1. rtranted,
s No intexjcating 1 quo shal ha anl•d: or furbished or
kared to env 4ntnxica t_ttd Der 90rt, to
pnv. habitlal
drunkard to a ny person under 21 veers of age'. or to
env perso to w ronipjassl by State
1� No nerson under is wn asivi i llii a empio ea in
env 'rnn,l cnnstitutina the nt�ce {n. which "on -amts.
liquor' is sold 1 t retail ve extent that the A dutia der-18
years of sae gVa. he emQ7nn tnperform s'ola
4sbov or diahwashina services in- nlacea ttie defined
qu" i as' a
restac ar rvina food in
lior gold At r etail,
2,. No agujnmen qr fixtnra i n anv licensed pl ace +{Aall be
PW* in whole or in Bart by .any manufacrha be
distiller of jntoxicatina liquor -ex -ant w
be eXnreaaly De itted by State law,....
10. No licenara shell sell Offer wal or_ k rqr
sa.ie. I ntoxicating ligu rs from any or laynal Dackaae
which has been I.f rd :o Partly refill
�ipensee _SbAL1 directly or throu env othe r paraap
delete n in a man tamper w ith the rn of env
orig inal cackacre so as t cham its composition or
al roholic content. wh in the n_r i�gjpat aaCkaCS
Possess j olt On the by D S
em es (many
ntnxica lkc aaFe p
i ting liq uor in the olio nal nac djfferirfa
in c— ROajtio or alcoholic concert ia, t liduor when
received from the manufact +r,.r or wh esater f romwhom
it was DDrrhaged. S all be prima fa c ie. ev ydenca that
the content$ of rho or iginal oackaca have been dil
handed or ta%peren with.
11. N o i_rpnaee sh aPD ly for o a
�Qlpga1A Lj_O nealer's .a
ling S tamp cia. t etam or Federal
aamb
12.,. No license shal keep ethyl alcohol o t r` miri
on his licensed ❑remisraDermlt1P+r usFn
premises as A beveraa or mixed, with a heveragg_
1.3. The busine records of the I. i.ce. inc lud�na ederal
And State tax return sha11 he avai for Subdivision d_ The ran
insu l imits outlined in this
inspection by the rite an er. or ot dull section become effective on ig87 license renewals and arty nay
authori. —d renreaentati,•e
o the cite at aJ ,l reasonable ligooses a pplied for after this ordin c hancre becomes
times. Busyness records for ai- ,.n,.I a 4nn. effective.
requ.; red to demonstrate compliance with the nyf ii n...e
Of this ordinance s hall be pre rared in. n
.4 c ro Cy a &h e f S,11. Sc sjor s "Temonrary'o bdivi ,ii ,or" YicHnaa holders
Standardaccqunta in practices an determined by the Cit are gu to the grovisj -ns of subd �visiens l through4 of this
Manaber or his dPSiannes.
section. with the excetDt ion of minimum, in surance reauiram @nts for
14. Chanaas in the ro[earate or asa OCldtio license issued for city -owned Drj ert such as darks. Minimum
cor noratP charter artic tee n of i a pf i.nco a rape S110 ynsu rance 127- events half] on rjto -o wned =112 tv is 1"
r noratyon bylaws or 5500.00n.00.
nartners agreemen as the sae m1v ¢e shall be
_subm; tted to the Chie Of Pplr �withir In days after Subdivision 6.. "0n -Sale .Liavor" .l.icensa holders. must
such chanq s are made. In the c se n a i:p
the licence .P s. oration. pro, i_da a. grate agraty hend the amount of at least
hall
notify the rt)(ef of p ice yhan a s�.opn.on at a nplication or r -novel time,
nersnn not li sted i n the Anp2 lrati acquires an
interest which.toa with that _f
rotrie sitar Or child emend his' spouse Sect an I1-715. gvOCkoN. tu City Council may suanend I I.
parent b Sg,. and
ajve all in format- shall qr revoke Any intoxicatin liquor license and• impose a _Civil
.on about sai Person as is reaLirad fyng not to exceed 57.000:00 our—A,11, to M 340A. 4 for the
of a ver n pursua to the -nrnv,slnns of aecwion 1 1:- violation gf anv provis or condition of this r finance or of
CLOG. subaiyision 3. of t his ordinance
any State law or Federa .i. law requlatina the sa of intoxicatino
15-.- At the time g e
c e submi a l;auor, and .shall, revoke sngl�]� }copse for any willful violation 11
renewal of a l+ he sh h is. annli anf] rhal0 -a t i pnd pnd or r t for in n t L g Undj the ma ndat�n�
at {.nn 1,.r
se all. states t nature
mount of anv contrib s he. h as made in the ore edina required by Sect 11 -6.14 in full f orce a nd effect,
,tve —.1 for state .Ili iorpl CEIDnaign or-no itical
Purposes. the pore n to w om the ri ront
and the -ersnn or or b> ion vas made lionmandatery revpcation or .susaensioq AV the Council shall
_a anization fn wh om intended. D_q_graceded by written noti to t he e license and a nublio II
A 1. +canwl restaurant shaf .ha i•n nducted in A ug" a )}g rips. The notice shall gi ve. at keast 10 days' notice o! the
manner tha s .t he sicant p art of he business time and p lot. q( the haarjna and shall state the nature of the
license year is he se rving o* foods charges A the 1 Tb- notice may be served upon th
1-- e
7, l.. '.ten ea s hall ken nos f, narsonal.ly oc�bv leavi the sam at t licansad
_4 s. or oner O r permit grerj --p -it,(l the v&r-gn in charge thereof. No suspension after
$he keening, possession
Or operation of anv M public hearing shall exceed 60 davS,
devi Or annaratus On the licens a n
shall net Derm.it anv vamblinq therein Section ).1 -716. PENALTS1rS, Anv pe som violation env
provision of this ordinance jbALI he quilty of a misdemeanor. and
1¢_ No _1.ican as s hall lcnowinaly +t upon cenvi&1ion th L ML. sha be Dunished by a (yne O�.not more
2U 1 ,10 q anv room in those p remises or any addoinina =n seven tlundred dollars tS700.0OI and imprisonment for not
d n e hi contr more than go days. or bot,jl tnoether with -tM coat of j�'
Il�sad as a 4•eso fpr 1prost a grnaecutjpn,
S 1 -712 Ho i This ordinance shall become effective alter adoption and .7
s O se UR�OF OPFR4'T No ntoxicating liquor upon thirty (30) days following its legal publication.
x&31 1d_nnr co nsumed nor -n rmitted t
tie ]ire.- god premises a! a i:nn o p@ o ^OSUmed yithin
a.m. nn Monday. N a m• on undav 'no ,n it 8 -0o Adopted this day of 1988. "I
*Lto l.n_q liquor shall bg sold per
gopsumef] pnr oermi tted to he consumed within a licensefl premise.
between the hours of i n0_ a m VP U v0.a,m. on an y. Me
weekda. Mayor
on -sa Le" shall ha maf]a after Arno n.m. en D @comber 24.
Establi�ghme to which "on -sale liovor" licences have bean ATTEST: Clark: III,...
.Issued for a agln o f intoxicating nr
intoxicating 1 b etw een gu
g4 T _gn the Hem+, -e t to nn. a•m, and 12.00
midnight on playa in coniunetion with the servcn,. of Date of Publication
Sectio 11 713. RESTRIC"+rnwd nw PURCHASE t CONSI]Mprion Effective Date
1 Mo -a rson under 21 years o* ae@ h ll t (Underline indicates now matter, brackets indicate matter to be
assnt his
aye the. cLyypose of oAt ainina intoxicatino 1 S deleted.)
nor shall he enteranv oremi es liced o he ra sit 19 I,
(Published in the Brooklyn .Center POST September
ans 11, th.)
pole of intoxic t_n_ lip far the p+r.+,. p!
pu chasing or having naen.e -+�n delivered to w +e
consuming ar a,lc intoxicatino 1{ ,n nor shall anv
such person purchase a n
1`.3`+ a Person n, Y purchase, consiaaa. or
11 -or• urchase. for him anv intoxicati
2_ N O p arson under 21 vanrs of aaa sha all recei
Of intoxicating lip,
2, 92 person shall indLCa a Hereon >-nde the Aae Or zt
year to purchase or procure htain +nto_
i..,- Anv parson who m ennear to t hee. Y hie
@mittPvees n r aaents to be under the aaa of i1 yea
shalt. upon demand o* he li en a dig emnlOwaa or
agent produ a permit pq be..,axaminad a. ya1
driver's license or Lden t +•i_c._ «i,_.� e,ard..
5. in evary Droaacution for a vio lation of the provisions
of thi ordinanc ralatinq to t he sale:or furnish
lntoxinatZng U to per3ons underg sas of 21
vegrs._�,d Jn even, oroceedi na before theC+ v it
kith respect thereto r_he fact that the parson involl
)_ias nbt_ainea and presented to tike l jcenseai hie
m l .ovee or agert a veri4ied_identificatioa from vhj h
it agneprs t hat said person wits z ivears of aaH and was
regular issu such identiPi at+ d shall ba
orima_fael_e evidence. that the, li _Hasa hie
amn.l gvaa is not au jlty of a violation
Provision an0 she be 'nnc! ve evi -Yl" that s
violation "f one has ncc ,=ed, was not w illful or
jnten ianal_
�L-- No na19on .s hall a VA _d ell. DTOGnrs DYK•haae
j ntoxicat lim +nr to or for Inv person to w hom the
sale of intnyic licluor is forbidden by law
7, No int nx icat jng ig
l unr ;ha be consumed a— v+hl+c
k3yghwav or in an autnmohi.ie
Sectio 1i -7. T ?AHI17Ty. INSURANCE
Subdivision t. rrlgilr —ge. Remrlred. At the time of film,.
an appl ication fop anv q n sale yntoxl a ins i o l t�"
applicant shall f ile w ith the Cnsef .,f linl "roof Offinan
rasnonsibiljty Por liabil whjrh 9hall the
..ba an biact to g
a &Droval of the Ci Cnunci.t. The issuer or surary on env
liability ins +lanc Doligv er bond shall. be duly Y4cansed to do
businesg j.n the Ap ate of MSnnP g nd_a11 documents shall be
approved as to c -tent, form and execution by the City Attorney
The licensee and the itv shal he game8 as Joint insureds on 2 12
•11ab111ty insurance nnli '�'ha pokey shall be offer jw@ for
the entjra licenses vgar,
Subdivisio 2. Form n E Proof of Finan ial Re ponaib+ 11;
Proof of in d ncial r e a..
.:e;ti,, icy may be provided by sunolvin- o
the Chief of Police anv of the following proof
Ace. A certifi that t1i sre i i a
aaareaata i nsurance Dolicv .for dram shop insurance O
not leas tt)W S300.nnn.nn Der DOlicV veer: or
bZc A bond o a. a,lrety go mvany with minimum enya raaes as
provided in c lause t a):oror
2.,. A certific of thy state T reasurer that the licensee
has deposi w ith hi m s3pn,onn.gn in cash
securiti which may lecrally he purchased by savinas
§saK° g r !or t rust funds havir a agrkst v alve of
5300 .non_nn.
Subdivi.sioF 3. 14 1Y }iabi,,lity i nsurance required by this
Sect On punt provide that it may not be canceled for any cages by
either th e insured o.r the i.nsurwr un1 the ca nceling party has
first oivep ter days' anti r in wriEi na toth ajssuing autho itv
Qf intent to ranC e the