HomeMy WebLinkAbout1983-17 11-21 CCO d
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 7th day of November,
1983 at 8: 00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment
to the City Ordinances which would _revise the license fees for liquor.
ORDINANCE NO. 83 -17
AN ORDINANCE AT1M]DI1\TG CHAPTER 11 OF THE CITY ORDINANCES
REGARDING LIQUOR
TIE, CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1: Chapter 11 of the City Ordinances is hereby amended by the
.repeal of the following:
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[NOTTII�TOXICA IA,G LIQUORS
Section 11 -101. DEFINITION OF TERMS.
Subdivision 1. As used in this ordinance, the term "person" includes a
natural person of either sex, a co- partnership, a corporation or association of
persons, and the agent or manages or employee of any of the aforesaid. The singular
number includes the plural, and the masculine pronoun includes the feminine and
neuter.
Subdivision 2. 'Beer" or "nonintoxicating malt liquor" means any malt
beverage with an alcoholic content of more than one -half of one per cent by volume
and not more than three and two tenths percent by weight.
Subdivision 3. "Intoxicating liquor" means any distilled, fermented or
vinous beverage containing more than three and two tenths per cent of alcohol by
weight.
Subdivision "Original package" means the bottle or sealed container in
which the liquor is placed by the manufacturer.
Subdivision 5. "Bones fide club" means a club organized for social or
business purposes or for intellectual improvement, or for the promotion of sports,
where the serving of beer is incidental to and not the major purpose of the club.
Subdivision 6. Restaurant" means a place of which the major business is
preparing and serving lunches or meals to the public to be consumed on the premises.
Section 11 -102. LICENSE REQUIRED.
Subdivision 1. No person, except wholesalers and manufacturers to the
extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or
keep or offer for sale, any beer within the City without first having received a
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.
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ORDINANCE NO. 83 -17
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 City Clerk.
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.
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 City Clerk 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 counted as one month.
Subdivision 3. The annual fee for an "on- sale" license, and "off -sale"
license and the daily fee for a "temporary on- sale" license shall be as set forth in
Section 23 -010 of the City Ordinances.
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
license, computed on a monthly basis, when operation of the licensed business ceases
not less than one month before expiration of the license because of:
1. destruction or damage of the licensed premises by fire or
other catastrophe.
2. the licensee's illness.
3. the licensee's death.
4. a change in the legal status of the municipality making it
unlawful for a licensed business to continue.
ORDINANCE NO. 83 -17
Section 11 -105. GRAI\TTII\TG OF LICENSE.
Subdivision 1 The City Council shall investigate 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
sha11 not be transferable to another holder. Each license shall be issued only for
the premises described in the application. No license may be transferred to
another place without the approval of the City Council.
Section 11 -106. PERSONS IhTELIGIBLE 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 nonintoxica.ting 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.
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 INEL IGIBLE 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 bona fide club
which has not been in operation and eligible to receive a license for at least six
months immediately preceding the application for a license.
Section 11 -108. CONDITIONS OF LICENSE.
Subdivison 1 Every license shall be granted subject to the conditions in
the following subdivisions and all other provisions of this ordinance and of other
applicable ordinances of the City or State law.
Subdivision 2. All licensed premises shall have the license posted in a.
conspicuous place at all times.
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ORDINANCE NO. 83 -17
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Subdivision 3. No beer shall be sold or served to any intoxicated person or
to any person under 19 years of age.
Subdivision 4. No minor under 19 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 6. No manufacturer or wholesaler of beer shall have any
ownership of or interest in an establishment licensed to sell at retail contrary to
the provisions of 1 ,1 1. S.A. 340.02. No retail licensee and manufacturer or wholesaler
of beer shall be parties to any exclusive purchase contract. T10 ,retail licensee
shall receive any benefits contrary to law from a. manaffacturer or wholesaler of
beer and no such manufacturer or wholesaler shall confer any benefits contrary to
law upon a retail licensee.
Subdivision 7. No licensee shall sell beer while holding or exhibiting in
the licensed premises a Federal retail liquor dealer's special tax stamp unless he
is licensed under the laws of Minnesota to sell intoxicating liquors.
Subdivision 8. No licensee who is not also licensed to sell intoxicating
liquor shall sell or permit the consumption or display of intoxicating liquors on
the licensed premises or serve any liquids for the purpose of mixing with
intoxicating liquor- The presence of intoxicating liquors on the premises of such
a licensee shall be prima facie evidence of possession of intoxicating liquors for
the purpose of sale; and the serving of any liquid for the purpose of mixing with
intoxicating liquors shall be prima facie evidence that intoxicating liquor is
being permitted to be consumed or displayed contrary to this ordinance.
Subdivision 9. Any peace officer shall have the unqualified .right to
enter, inspect and search the premises of a licensee during business hours without a
search and seizure warrant and may in the absence of a license to sell intoxicating
liquor, seize all intoxicating liquors found on the licensed premises.
Subdivision 10. Every licensee shall be responsible for the conduct of his
place of business and. shall maintain conditions of sobriety and order. The act of
any employee on the licensed premises authorized to sell or serve beer shall be
deemed the act of the licensee as well and the licensee shall be liable to all
penalties provided by this ordinance equally with the employee.
Section 11 -109. CLOSING HOURS.
Subdivision 1- No sale of beer shall be made on any Sunday between the
hours of 1 :00 a.m. and 12:00 noon, nor between the hours of 1 :00 a.m- and 8:00 p.m. on
any election day involving contests for state or federal offices. No sale shall be
made between the hours of 1:00 a.m. and 8:00 a.m. on any other day.
Subdivision 2. It shall be unlawful to consume or permit the consumption
of beer in any "on- sale" establishment on any Sunday between the hours of 1 :00 a.m.
and 12:00 noon, and. between the hours of 1 :00 a.m. and 8:00 p.m. on any election day
involving contests for State or Federal offices It shall be unlawful to consume or
permit the consumption of beer in any "on- sale" establishment between the hours of
1:00 a.m. and 8:00 a.m. on any other day.
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ORDINANCE NO. 83 -17
Section 11 -110. CLUBS. No club possessing an "on- sale" license shall
sell beer to anyone other than members and guests in the company of members.
Section 11 -111. RESTRICTIONS ON PURCHASE AND CONSUMPTION.
Subdivision 1. No minor shall misrepresent his age for the purpose of
obtaining beer.
Subdivision 2. No person shall induce a minor to purchase or procure beer.
Subdivision 3. No person other than the parent or legal guardian shall
procure beer for any minor.
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Subdivision 4. No minor shall have beer in his possession with the intent
to consume it at a place other than the household of his parent or guardian.
Possession of such nonintoxicating malt liquor at a place other than the household
of his parent or guardian shall be prima facie evidence of intent to consume at a
place other than the household of his parent or guardian.
Subdivision 5. No person shall consume or display any intoxicating liquor
on the premises of a licensee who is not also licensed to sell intoxicating liquors.
Section 11 -112. REVOCATIOV. The violation of provision or condition of
this ordinance by a beer licensee or his agent shall be grounds for revocation or
suspension of the license. The license of any person who holds a federal retail
liquor dealer's special tax stamp without a license to sell intoxicating liquors at
such place shall be revoked without notice and without hearing. In all other cases
a license granted under this ordinance may be .revoked or suspended by the Council
after written notice to the licensee and a public hearing. The notice shall give at
least eight days' notice of the time and place of the hearing and shall state the
nature of the charges against the licensee. The Council may suspend any license
pending a hearing on revocation or suspension.
Section 11 -113. SEPARABILITY. Every section, provision or part of this
ordinance is declared separable from every other section, provision or part; and if
any section, provision or part of any ordinance shall be held invalid, it shall not
affect any other section, provision or part thereof.
Section 11 -114. SUPMACY CLAUSE. The supremacy clause found in Section
23-013 shall not apply to Sections 11 -101 through 11 -116.
Section 11 -115. PENALTY. Any person violating any provision of this
ordinance shall upon conviction thereof be punished by a. fine of not more than five
hundred dollars ($500) and by imprisonment not to exceed ninety (90) days plus the
costs of prosecution in either case.
Section 11 -116. REPEAL OF PRIOR ORDINANCE. Section 11 -101 through 11-
121 inclusive of The ordinances of the City of Brooklyn Center are hereby repealed,
and the foregoing sections shall be inserted in accordance with the section numbers
as designated herein.
OFF -SALE LIQUOR DISPENSARY
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ORDINANCE NO. 83 -17
Section 11 -201. DISPET,{SARY ESTABLISHED. A municipal liquor dispensary
is hereby estabiis e o be operated within this municipality for the sale of liquor
potable as a beverage containing more than 3.2% of alcohol by weight in the sealed or
closed .receptacle or retainer for removal from the premises. No person shall sell,
barter, or otherwise dispose of intoxicating liquor, nor shall a sale be made by
anyone outside of said dispensary or not employed in and by said dispensary. It
shall be unlawful for any person or persons to mix or prepare liquor for consumption
in any public place or place of business or to consume liquor in such places. No
liquor shall be sold or consumed on a public highway or in an automobile.
Section 11 -202. LOCATION AND OPERATION. The said dispensary shall beat
such place as the council shall determine by motion and may be either leased or owned
by the municipality. It shall be in charge of a person known as the Operator, who
shall also selected h men
o e elec ed b the City Council and who shall be id such compensation as
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the council shall determine. Said operator shall have full charge of the operation
of such dispensary, 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
council. No minor person shall be employed in the municipal dispensary.
Section 11 -203. DISPENSARY FUND CREATED. A liquor dispensary fund is
hereby created into which all revenues received from the operation of the dispensary
shall be paid, and from which all operating expenses shall be paid, provided that the
initial costs of rent, fixtures and stock may be paid for out of the general fund of
the municipality, but such amounts shall be .reimbursed to the said general fund out
of the first moneys coming into the liquor dispensary fund needed for carrying on the
said business. Any surplus accumulating in this fund may be transferred to the
general fund by resolution of the council and expended for any municipal purpose.
Section 11 -204. HOURS OF OPERATION. The municipal dispensary shall at
all times observe the following restrictions on the hours of operation: No sale of
intoxicating liquor shall be made on Sunday nor before 8:00 p.m. on any election day
involving contests for State or Federal offices. No off -sale shall be made before
8: 00 a.m. or after 8: 00 p.m. of any day except Saturday, on which day off -sales may be
made until 10:00 p.m. No off -sale shall be made on New Year's Day, January 1;
Memorial Day, May 30; 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.
Section 11 -205. CONDITIONS OF OPERATION AND RESTRICTION ON
CONSUMPT IOPT.
A. No pool or billiard table shall be kept in the dispensary or any rooms
connecting therewith; nor shall anyone on such premises keep, possess
or operate on such premises or in any .rooms adjoining or connected
therewith any slot machine, dice or any other gambling device or permit
the same to be so kept or used No gambling shall be permitted on such
premises, nor shall any person of a known immoral character or any
disorderly person be permitted on such premises.
B. No other business than the sale of liquors shall be carried on by the
dispensary, except the retail off -sale of beer, a malt beverage, or by
any person employed therein during the time so employed.
ORDINANCE NO. 83 -17
C. No liquor shall be sold to a. person who is in an intoxicated condition.
D. No liquor shall be sold to a minor.
E. The premises occupied by the dispensary shall be duly inspected by the
health officer of the City at least once a month and as many other times
as he deems necessary to see that said premises are in a sanitary
condition.
F. No person shall be permitted to loaf or loiter about the dispensary
habitually.
Section 11 -206. NOT TO AFFECT NONINTOXICATTEG MALT LIQUOR LICEAtSES. No
provision hereof shall affect the ordinance licensing and regulating the sale of
nonintoxicating malt liquor adopted pursuant to Chapter 116, Laws of Minnesota,
1933, Sections 11 -101 through 11 -122, or any license granted thereunder.
Section 11 -207. ENFORCENEENT AND PENALTY. It shall be the duty of all
police officers and constables of the municipality to enforce the provisions of this
ordinance and to search premises and seize evidence of law violation and preserve
the same as evidence against any person alleged to be violating this ordinance, and.
to prepare the necessary processes and papers therefor.
Any person violating any provision of this ordinance shall be guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine of not more
than five hundred dollars ($500) and by imprisonment not to exceed ninety (90) days,
plus the costs of prosecution in any case.
PURCHASE, POSSESSION, AND CONSUMPTION OF BEER AND LIQUOR BY MINORS
Section 11 -301. MINORS LIQUOR. Section 340.731 of the Minnesota
Statutes is hereby adopted by reference and shall have the same force and effect as
though set out at length herein.
Section 11 -302. MINORS BFER. Section 340.035 of the Minnesota, Statutes
is hereby adopted by reference and shall have the same force and effect as though set
out at length herein.
Section 11 -303. LIQUOR ON SCHOOL GROUNDS. Unless possessing a
"temporary on -sale" license, no person shall introduce upon, or have in his
possession upon, or in, any school grounds, or any school house or school building,
any spirituous or malt liquors, except for experiments in laboratories.
Section 11 -304. PENALTY. Any person convicted of violating Section 11-
301, 11 --U2, or 71 -3U3 may be punishable by a fine of not more than five hundred
dollars ($500) and by imprisonment not to exceed ninety (90) days.
CONS13"PTION AND DISPLAY OF INTOXICATING LIQUOR
Section 11 -401. PERMIT REQUIRED. It shall be unlawful for any private
club or public place, directly or indirectly or upon any pretense or by any device to
allow the consumption or display of intoxicating liquor, or the serving of any
liquid for the purpose of mixing with intoxicating liquor without first securing a
permit from the Liquor Control Commissioner and paying the annual fee as provided in
this ordinance.
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ORDINANCE NO. 83 -17
Section11 -402. FEE IMPOSED. Every private club or public place desiring
to allow the consumption or display of intoxicating liquor shall on or before July 1
of each year pay to the City Treasurer a fee of $300 and shall be issued a written
receipt therefor. If a portion of the year has elapsed when payment is made, a pro
rata fee shall be pa id; but no such pro rata fee shall be accepted from any private
club or public place which has violated Section 11 -401 of this ordinance. In
computing such fee, any unexpired fraction of a month shall be counted as one month.
The written receipt shall be posted in some conspicuous place upon the premises
alongside the permit issued by the Liquor. Control, Commissioner and. shall be kept
posted at all times.
Section 11 -403. PREMISES OPEN FOR INSPECTION. Any private club or public
place allowing the consumption or display of intoxicating liquor shall be open at
all reasonable hours for inspection by the Liquor Control Commissioner, his
designated agents, and duly authorized peace officers of the City. Refusal to
permit such inspections shall be a violation of this ordinance.
Section 11 -404. EXCLUSION. This ordinance does not apply to any premises
licensed for the sale of intoxicating liquor.
Section 11 -405. PENALTY. Any person violating any provision of this
ordinance is guilty of a misdemeanor and shall be punished by a fine of not more than
five hundred dollars ($500) and by imprisonment not to exceed ninety (90) days.
LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR
Section 11 -501. DEFINITION OF TERMS.
1. The term "intoxicating liquor" shall mean and include ethyl alcohol and
include distilled, fermented, spiritous, vinous, and malt beverages
containing in excess of 3.2% 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" means any person engaged in the
business of selling intoxicating liquor to retail dealers.
6. The term "manufacturer" includes every person who, by any process of
manufacture, fermenting, brewing, distilling, refining, rectifying,
blending, or by the combination of different materials, prepares or
produces intoxicating liquors for sale.
ORDINANCE NO. 83 -17
7. As used in this ordinance the term "person" includes a natural person of
either sex, co- partnership, corporation and association of persons and
the agent or manager of any of the aforesaid. The singular number
includes the plural and the masculine pronoun includes the feminine and
neuter.
8. The terms "package" or "original package" mean any corked or sealed
container or receptacle holding intoxicating liquor.
9. The term "hotel" means and includes any establishment having a resident
proprietor or manager, where, in consideration of payment therefor,
food and lodging are regularly furnished to transients, which
maintains for the use of its guests not less than 100 guest rooms with
bedding and other usual, suitable and necessary furnishings in each
room, which is provided at the main entrance with a suitable lobby,
desk, and office for the registration of its guests on the ground floor,
which employs an adequate staff to provide suitable and usual service,
and which maintains under the same management and control as the rest of
the establishment and has, as an integral part thereof, a dining room
with. appropriate facilities for seating not less than 1 00 guests at one
time, where the general public are, in consideration of payment
therefor, served with meals at tables.
10. The term "restaurant" means any establishment, other than hotel, under
the control of a single proprietor or manager, having appropriate
facilities to serve meals and for seating not less than 150 guests at
one time, and where in consideration of payment therefor, meals are
regularly served at tables to the general public, and which employs an
adequate staff to provide the usual and suitable service to its guests,
and the principal part of the business of which is the serving of foods.
For purposes of an "on sale wine" license seating must be available for
not less than 75 guests at one time with all other sections of
definition applicable as stated.
11 The term "club" means and includes any corporation duly organized under
the laws of the State for civic, fraternal, social or business purpose
or for intellectual improvement or for the promotion of sports which
has been in existence for more than 15 years, and any congressionally
chartered veterans' organization which has been in existence for more
than 10 years prior to January 1 1 961 which shall have more than fifty
members, and which shall, for more than a year have owned, hired, or
leased a building or space in a building of such extent and character as
may be suitable and adequate for the reasonable and comfortable
accommodation of its members and whose affairs and management are
conducted by a board of directors, executive committee, or other
similar body chosen by the members at a meeting held for that purpose,
none of whose members, officers, agents or employees are paid directly
or indirectly any compensation by way of profit from the distribution
or sale of beverages to the members of the club or to its guests, beyond
the amount of such reasonable salary or wages as may be fixed and voted
each year by the directors or other governing body.
12. The term "wine" means a vinous beverage containing not more than 14
percent alcohol by volume.
13. The term "on -sale wine" means the sale of wine for consumption on the
premises only.
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ORDINANCE NO. 83 -17
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Section 11 -502. LICINSE REQUIRED.
1. No person except wholesalers or manufacturers to the extent authorized
under State license, and except the municipal liquor dispensary, 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 three kind: "On Sale Liquor
"On -Sale Club and "On -Sale Wine
2. "On -Sale Liquor" licenses shall be issued only to hotels and
restaurants.
3. "On -Sale Club" licenses shall be issued only to clubs.
4• "On -Sale Wine" licenses shall be granted only to restaurants and only
the sale of wine not exceeding 14 percent alcohol by volume for
consumption on the licensed premises, in conjunction with the sale of
food shall be permitted.
Section 11 -503. NT-1BER OF LICENSES ISSUED. The number of private "on
sale liquor" licenses issued by the City of Brooklyn Center shall conform to
provisions of Minnesota Statutes, Section 340.353 as amended by the Session haws of
1974, Chapter 268 (Senate File 91Q) State of Minnesota. The number of "on -sale
wine" licenses shall be unlimited.
Section 11 -504• APPLICATIONS FOR LICRTSE. Every application for a
license to sell intoxicating liquor shall be verified and filed with the City Clerk.
In addition to the information which may be required by the State Liquor Control
Commissioner's form, the application shall contain the following:
1. Whether the applicant is a natural person, corporation, partnership or
other form of organization.
2. Type of license applicant seeks.
3. If the applicant is a natural person, the following
information:
a. True name, place and date of birth, and street resident address of
applicant.
b. Whether applicant has ever used or been known by a name other than
his true name and, if so, what was such name, or names, and
information concerning dates and places where used.
c. The name of the business if it is to be conducted under a
designation, name or style other than the full individual name of
the applicant; in such case a copy of the certification, as
required by Chapter 333, Minnesota Statutes, certified by the
Clerk of the District Court, shall be attached to the application.
d. Whether applicant is married or single. If married, true name,
place and date of birth and street residence address of applicant's
present spouse.
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ORDINANCE NO. 83 -17
e. Whether applicant and present spouse are registered voters and if
so, where.
f. Street address at which applicant and present spouse have lived
during the preceding ten years.
g. Kind, name and location of every business or occupation applicant
or present spouse have been engaged in during the preceding ten
years.
h. Names and addresses of applicant's and spouse's employers and
partners, if any, for the preceding ten years.
i. Whether applicant or his spouse, or a parent, brother, sister or
child of either of them, has ever been convicted of any felony,
crime or violation of any ordinance, other than traffic. If so, the
applicant shall furnish information as to the time, 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
operating a saloon, hotel, restaurant, cafe, tavern or other
business of a similar nature. If so, applicant shall furnish
information as to the time, place and length of time.
k. Whether applicant has ever been in military service. If so,
applicant shall, upon request, exhibit all discharges.
1. The name, address and business address of each person who is
engaged in Minnesota in the business of selling, manufacturing or
distributing intoxicating liquor and who is nearer of kin to the
applicant or his spouse than second cousin, whether of the whole or
half blood, computed by the rules of civil law, or who is abrother-
in -law or sister -in -law of the applicant or his spouse.
4. If the applicant is a partnership, the names and address of all partners
and all information concerning each partner as is required of a single
applicant in Subsection 3 above. A managing partner, or partners,
shall be designated. The interest of each partner in the business
shall be disclosed. A true copy of the partnership agreement shall be
submitted with the application and if the partnership is required to
file a certificate as to a trade name under the provisions of Chapter
333, Minnesota Statutes, a copy of such certificate certified by the
Clerk of District Court shall be attached to the application.
5. If the applicant is a corporation or other organization and is applying
for an "on -sale liquor" or an "on -sale wine" license the following:
a. Name, and if incorporated, the state of
incorporation.
b. A true copy of Certificate of Incorporation, Articles of
Incorporation or Association Agreement and Bylaws and if a foreign
corporation, a Certificate of Authority as described in Chapter
303, Minnesota Statutes.
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ORDINANCE NO. 83 -17
c. The name of the manager or proprietor or other agent in charge of
the premises to be licensed, giving all the information about said
person as is .required of a single applicant in Subsection 3 above.
d. Yotwithstanding the definition of interest as given in Section
11 -509 Subdivision 10, the application shall contain a list of all
persons, who, singly or together with their spouse, or a parent,
brother, sister or child or either of them, own or control an
interest in said corporation or association in excess of 5% or who
are officers 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. Pate that club was first incorporated. True copies of the
Articles of Incorporation, 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 fifteen years or, in the event that the applicant is a
congressionally chartered veterans' organization, in existence
for more than ten 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.
e. 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.
7. The exact legal description of the premises to be licensed together
with a plot plan of the area showing dimensions and location of
buildings.
8. An applicant for an "on -sale liquor" or an "on -sale wine" license shall
submit a floor plan of the dining room, or dining rooms, which shall be
open to the public, shall show dimensions and shall indicate the number
of persons intended to be served in each of said rooms.
9. If a permit from the Federal government is required by the Laws of the
United States, indicate whether or not such permit has been issued, and
if so, required in what name issued and the nature of the permit.
10. The amount of the investment that the applicant has in the business,
building, premises, fixtures, furniture, stock in trade, etc., and
proof of the source of such money.
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ORDINANCE NO. 83 -17
11. The names and addresses of all persons, other than the applicant, who
have any financial interest in the business, buildings, premises,
fixtures, furniture, stock in trade; the nature of such interest,
amount thereof, terms for payment or other reimbursement. This shall
include, but not be limited to any lessees, lessors, mortgagees,
mortgagors, lendors, lien holders, trustees, trustors, and persons who
have cosigned notes or otherwise loaned, pledged, or extended security
for any indebtedness of the applicant, but shall not include persons
owning or controlling less than a 5% interest in the business, if a
corporation.
12. The names, residences and business addresses of three persons,
residents of the State of Minnesota, of good moral. character, not
related to the applicant or financially interested in the premises or
business, who may be referred to as to the applicant's character or, in
the case where information is required of a manager, the manager's
character.
13. Whether or not all .real estate and personal property taxes for the
premises to be licensed which are due and payable have been paid, and if
not paid, the years and amounts which are unpaid.
14. Whenever the application for an "on -sale liquor" or an "on -sale wine"
license or for a transfer thereof is for premises either planned or
under construction or undergoing substantial alteration, the
application shall be accompanied by a set of preliminary plans showing
the design of the proposed premises to be licensed. If the plans or
design are on file with the Building Department, no plans need be filed
with the City Clerk.
15. Such other information as the City Council shall require.
Section 11 -505. RENAL APPLICATIONS. Applications for the renewal of
an existing license shall be made at least 60 days prior to the date of the expiration
of the license. If, in the judgment of the City Council, good and sufficient cause
is shown by an applicant for his failure to file for a renewal within the time
provided, the City Council may, if the other provisions of this ordinance are
complied with, grant the application.
At the earliest practicable time after application is made for a renewal of
an "on -sale liquor" or an "on -sale wine" license, and in any event prior to the time
that the application is considered by the City Council, the applicant shall file
with the City Clerk 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 apartnership, the application, license and bond (or insurance policy)
i shall be made and issued in the name of all partners.
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ORDINANCE NO. 83 -17
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 x;100.
2. The initial license fee shall be paid in full before the application for
a license is accepted. Renewal license fees shall be paid in full by
December 20 preceding each license year. All fees shall be paid into
the general fund of the City. All licenses shall expire on the last day
of December of each year. Upon rejection of any application for a
license, or upon withdrawal of application before approval of the
issuance by the City Council, the license fee shall be refunded to the
applicant.
3. The fee for an "on -sale liquor," "on -sale club" or an "on -sale wine"
license granted after the commencement of the license year shall be
prorated on a daily basis.
4. 'When the license is for a. premises where the building is not ready for
occupancy, the time fixed for computation of the license fee for the
initial license period shall be as follows:
If the building construction commences within 120 days after issuing
the license, the fee shall commence one year after issuance of the
license by the City Council or upon the date the building is ready for
occupancy, whichever is sooner.
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.
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 a monthly basis, when
operation of the licensed business ceases not less than one month
before expiration to the license because of:
a. destruction or damage of the licensed premises by fire or other
catastrophe.
b. the licensee's illness.
c. the licensee's death.
d. a change in the legal status of the municipality making it unlawful
for a licensed business to continue.
7. At the time of each original application for a license, except in the
case of an "on -sale club" license, the applicant shall pay in full an
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ORDINANCE NO. 83 -17
investigating fee. For a single natural person, the investigating fee
shall be $75. For a partnership the investigating fee shall be $150.
For a corporation or other association, the investigating fee shall be
$300. No investigating fee shall be refunded.
8. At anytime that an additional investigation is required because of a
change in the ownership or control of a corporation or because of an
enlargement, alteration, or extension of premises previously
licensed, the licensee shall pay an additional investigation fee in the
amount of $50.
9. Where a new application is filed as a .result of incorporation by an
existing licensee and the ownership control and interest in the license
are unchanged, no additional license fee will be required.
Section 11 -508. INVESTIGATION OF APPLICATIONS.
1. All applications for a, license shall be referred to the Chief of Police,
and to such other City departments as the City Manager shall deem
necessary for verification and investigation of the facts set forth in
the application. The Chief of Police shall cause to be made such
investigation of the information requested in Section 11 -504,
Subdivision 3, as shall be necessary and shall make a written
recommendation and .report to the City Council. The City Council may
order and conduct such additional investigation as it shall deem
necessary.
Section 11 -509. PERSONS INELIGIBLE FOR LICENSE. No license shall be
granted to or held by any person:
1. Under 19 years of age.
2. Who is not of good moral character.
3. Who, if an individual, is an alien.
4. Who has been convicted within 15 years prior to the application for such
license of any willful violation of any law of the United States, the
State of Minnesota, or any other state or territory, or of any local
ordinance regarding the manufacture, sale, distribution or possession
for sale or distribution of intoxicating liquor, 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.
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ORDINANCE NO. 83 -17
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 who, in the judgment of
the City Council, is not the real party in interest or beneficial owner
of the business operated, or to be operated, under the license.
9. An "on -sale liquor" or an "on -sale wine" license will not be renewed if,
in the case of an individual, the licensee is not a resident of the Twin
Cities metropolitan area at the time of the date for renewal; if, in the
case of a partnership, the managing partner is not a resident of the
Twin Cities metropolitan area at the time of the renewal; or in the case
of a corporation, if the manager is not a, resident of the Twin Cities
metropolitan area, at the time of the date of renewal. The TWIN CITIES
ME`T'ROPOLITAN AREA is defined as being comprised of the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington.
N e t
10 o person shall own an interest In more than one establishment or o
business within Brooklyn Center for which an "on -sale liquor" or an
"on -sale wine" license has been granted. The term "interest" as used
in this section includes any pecuniary interest in the ownership,
operation, management or profits of a retail liquor establishment, but
does not include bona fide loans; bona fide fixed sum rental
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 ganted, or renewed, or operation on any
premises, on which taxes, assessments or other financial claims of the
City or of the State are due, delinquent or unpaid. In the event an
action has been commenced pursuant to the provisions of Chapter 278
Minnesota Statutes questioning the amount or validity of taxes, the
Council may, on application by the licensee, waive strict compliance
with this provision; no waiver may be granted, however, for taxes or any
portion thereof, which remain unpaid for a period exceeding one year
after becoming due.
2. No license shall be issued for the premises owned by a person to whom a
license may not be granted under this ordinance, except any owner who is
a minor, alien, or a person who has been convicted of a crime other than
a violation of Minnesota Statutes, Sections 340.07 through 340.39•
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ORDINANCE NO. 83 -17
3. No "on -sale liquor" license shall be granted for a restaurant that does
not have a dining area, open to the general public, with a total minimum
floor area of 1800 square feet or for a hotel that does not have a dining
area, open to the general public, with a total minimum floor area of
1200 square feet.
4. No license shall be granted for any place which has a common entrance or
exit between any two establishments except that a public concourse or
public lobby shall not be construed as a common entrance or exit.
Section 11 -511. CONDITIONS OF LICENSE.
1. Every license shall be granted. subject to the conditions of the
following subdivisions and all other subdivisions of this ordinance
and of any other applicable ordinance of the City or State law.
2. The license shall be posted in a conspicuous place in the licensed
establishment at all times.
3. Any police officer, building inspector, or any employee so designated
by the City Manager shall have the unqualified right to enter, inspect,
and search the premises of the licensee during business hours without a
warrant.
4. Every licensee shall be responsible for the conduct of his place of
business and the conditions of sobriety and order in the place of
business and on the premises.
5. No "on-sale liquor" or "on-sale wine" licenses shall sell intoxicating
liquor "off- sale
6. No license shall be effective beyond the space named in the license for
which it was granted.
7. No intoxicating liquor shall be sold or furnished or delivered to any
intoxicated person, to any habitual drunkard, to any person under 19
years of age, or to any person to whom sale is prohibited by State law.
8. No person under 19 years of age shall be employed in any rooms
constituting the place in which "on -sale liquor" is sold at retail
except that persons under 19 years of age may be employed to perform the
duties of a busboy or dishwashing services in places defined as a
restaurant or hotel or motel serving food in rooms in which "on -sale
liquor" is sold at retail. Serving of any "on -sale wine" must be done
by persons 19 years of age or older.
9. No equipment or fixture in any licensed place shall be owned in whole or
in part by any manufacturer or distiller of intoxicating liquor except
such as shall be expressly permitted by State law.
10. No licensee shall sell, offer for sale, or keep for sale, intoxicating
liquors from any original package which has been refilled or partly
refilled. No licensee shall directly or through any other person
delete or in any manner tamper with the contents of any original package
17
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ORDINANCE NO. 83 -17
so as to change its composition or alcoholic content while in the
original package. Possession on the premises by the licensee of any
intoxicating liquor in the original package differing in composition
or alcoholic content in the liquor when received from the manufacturer
or wholesaler from whom it was purchased, shall be prima, facie evidence
that the contents of the original package have been diluted, changed or
tampered with.
11. No licensee shall apply for or possess a Federal Wholesale Liquor
Dealer's special tax stamp or Federal gambling stamp.
12. No licensee shall keep ethyl alcohol or neutral spirits on his licensed
premises or permit their use on the premises as a beverage or mixed with
a beverage.
13. The business records of the licensee, including Federal and State tax
returns, shall be available for inspection by the City Manager, or
other duly authorized representative of the City at all reasonable
times.
14. Changes in the corporate or association officers, corporate chaster.,
articles of incorporation, bylaws or rtnershi agreement, as the
I� p
case may be, shall be submitted to the City Clerk within 30 days after
such changes are made. In the case of a corporation, the licensee
shall notify the City Clerk when a person not listed in the application
acquires an interest which, together with that of his spouse, parent,
brother, sister or child, exceeds 5 and shall give all information
about said person as is required of a person pursuant to the provisions
of Section 11 Subdivision 3, of this ordinance.
15. At the time a licensee submits his application for renewal of a license,
he shall state the nature and amount of any contribution he has made in
the preceding five years for state and local campaign or political
purposes, the person to whom the contribution was made and the person or
organization for whom intended.
16. A licensed restaurant shall be conducted in such a manner that the
principal part of the business for a license year is the serving of
foods A hotel shall be conducted in such a manner that, of that part
of the total business attributable to or derived from the serving of
foods and intoxicating liquors, the principal part of the business for
a.license year is the serving of foods.
17. No licensee shall keep, possess, or operate or permit the keeping,
possession, or operation of any gambling device or apparatus on the
licensed premises, and he shall not permit any gambling therein.
18. No licensee shall knowingly permit the licensed premises or any room in
those premises or any adjoining building directly or indirectly under
his control to be used as a resort for prostitutes.
Section 11 -512. HOURS OF OPFRATION. No intoxicating liquor shall be sold
nor consumed nor permitted to be consumed within the licensed premise after 1:00
a.m. on Sunday nor until 8:00 a.m. on Monday, nor between the hours of 1:00 a.m. and
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ORDINANCE NO. 83 -17
3:00 p.m. on any Memorial Day, nor between the hours of 1 :OO a.m. and 8:00 p.m. on any
election day involving contests for State or Federal offices. No intoxicating
liquor shall be sold nor consumed nor permitted to be consumed within a licensed
premise between the hours of 1:00 a -m. and 8:00 a.m. on any weekday.
Section 11 -513. CLUBS. No club holding an "on -sale club" license shall
sell intoxicating liquor except to members and bona fide guests.
Section 11 -514• RESTRICTIONS OF PURCHASE AND CONSUJIPTION.
1. No person under 19 years of age shall misrepresent his age for the
purpose of obtaining intoxicating liquor nor shall he enter any
premises licensed for the retail sale of intoxicating liquor for the
purpose of purchasing or having served or delivered to him for
consuming any such intoxicating liquor, nor shall any such person
purchase, attempt to purchase, consume, or have another person
purchase for him any intoxicating liquor.
2. No person under 1 years of age shall receive delivery of intoxicating
liquor.
3. No person shall induce a person under the age of 19 years to purchase or
procure or obtain intoxicating liquor.
4. Any person who may appear to the licensee, his employees or agents to be
under the age of 19 years shall, upon demand of the licensee, his
employee or agent, produce and permit to be examined a valid driver's
license or identification card.
5. In every prosecution for a violation. of the provisions of this
ordinance relating to the sale or furnishing of intoxicating liquor to
persons under the age of 19 years, and in every proceeding before the
City Council with respect thereto the fact that the minor involved has
obtained and presented to the licensee, his employee or agent, a
verified identification from which it appears that said person was 19
years of age and was regularly issued such identification card, shall
be prima facie evidence that the licensee, his agent or employee is not
guilty of a violation of such a provision and shall be conclusive
evidence that a. violation, if one has occurred, was not willful or
intentional.
6. Any person who may appear to the licensee, his employee or agent to be
under 19 years of age and who does not have in his possession any
identification certificate as above descixbed, may sign and execute a
statement in writing as follows:
READ CAREFULLY BEFORE SIGNING
The following are excerpts from the Laws of the State of Minnnesota, Section 340.731
Minnesota Statutes, Minors, Forbidden Acts or Statements:
"It shall be unlawful for:
Any person to misrepresent or misstate his or
her age, or the age of any other person for the
purpose of inducing any licensee, or any
employee of any licensee, or any employee of any
municipal liquor store, to sell, serve or
deliver alcoholic beverage to a minor;
any g
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ORDINANCE NO. 83 -17
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 $500 OR 90 DAY
1EPRISOhXMT 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 busines or operations of the licensee. Such forms after execution
shall be kept on file by the licensee for a period of one year.
7. No person shall give, sell, procure or purchase intoxicating liquor to
or for any person to whom the sale of intoxicating liquor is forbidden
by law.
S. No intoxicating liquor shall be consumed on a. public highway or in an
automobile.
Section 11 -515. LIABILITY INSURANCE.
1. Insurance Required. At the time of filing an application for either an
"on -sale liquor "on -sale club" or an "on -sale wine" license, the
applicant shall file with the City Clerk a liability insurance policy
which shall be subject to the approval of the City Council. The
insurer on such liability insurance policy shall be duly licensed to do
business in the State of Minnesota, and the insurance policy shall be
approved as to form and execution by the City Attorney. Such liability
insurance policy shall be in the amount of not less. than $10,000
coverage for one person and $20,000 coverage for more than one person,
and shall specifically provide for the payment by the insurance company
on behalf of the insured of all sums which the insured shall become
obliged to pay by reason of liability imposed upon him by law for
injuries or damages to persons other than employees, including the
liability imposed upon the insured by reason of Section 340.95,
Minnesota. Statutes. Such liability insurance policy shall further
provide that no cancellation for any cause can be made either by the
insured or the insurance company without first giving 10 days' notice
to the City in writing of intention to cancel the same, addressed to the
City Clerk. Further, it shall provide the no payment of any claim by
the insurance company shall, in any manner, decrease the coverage
provided for in .respect to any other claim or claims brought against the
J.0
ORDINANCE NO. 83 -17
insured or company thereafter. Such policy shall be conditioned. that
the insurer shall pay, to the extent of the principal amount of the
policy, any damages for death or injury caused by, or resulting from the
violation of any law relating to the business for which such license has
been granted. The licensee and the City shall be named as joint
insureds on the liability insurance policy.
Section 11 -516. REVOCATION. The City Council may suspend or revoke any
intoxicating liquor license for the violation of any provision or condition of this
ordinance or of any State law or Federal law regulating the sale of intoxicating
liquor, and shall revoke such license for any willful violation which, under the
laws of the State, is grounds for mandatory revocation, and shall revoke for failure
to keep the insurance required by Section 11 -515 in full force and effect.
Except in the case of a suspension pending a hearing on revocation,
nonmandatory revocation or suspension by the Council shall be preceded by written
notice to the licensee and a public hearing. The notice shall give at least 10 days'
notice of the time and place of the hearing and shall state the nature of the charges
against the licensee. The Council may, without any notice, suspend any license
pending a hearing on revocation for a period not exceeding 30 days. The notice maybe
served upon the licensee personally or by leaving the same at the licensed premises
with the person in charge thereof. No suspension after public hearing shall exceed
60 days.
Section 11 -517. PENALTIES. Amy person violating any provision of this
ordinance shall be guilty of a misdeanor, and upon conviction thereof, shall be
punished by a fine of not more than five hundred dollars ($500) and imprisonment for
not more than 90 days.
Section 11 -550. SUNDAY SALES AUTHORIZED. Notwithstanding the
provisions of Section 11 -512 of the City Ordinances, establishments to which "on
sale liquor" licenses have been issued for the sale of intoxicating liquors may,
upon obtaining a special license, serve intoxicating liquor between the hours of
10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food.
Wine may be sold without a special license under the authority of an "on -sale wine"
license between the hours of 10:00 a.m. and 12:00 midnight in conjunction with the
serving of food.
Section 11 -551. LICENSE REQUIRED. No person shall directly or
indirectly sell or serve intoxicating liquors as authorized in Section 11 -550
without having first obtained a special licnse from the City Council, except under
the authority of an "on -sale wine" license. Application for such a special Sunday
license shall be filed with the City Clerk.
Section11 -552. LICENSE FEES. The annual license fee for a special "on-
sale liquor" Sunday license shall be in an amount as set forth in Section 23-010 of
the City Ordinances. The annual license fee shall be paid in full before the
application for a license is accepted All licenses shall expire on the last day of
December of each year. Upon rejection of any application for a license, or upon
withdrawal of application before the approval of issuance by the City Council, the
license fee shall be .refunded to the applicant. The fee for a license granted after
the commencement year shall be prorated on a monthly basis.]
Section 2. Chapter 11 of the City Ordinances is amended by the addition of
the following:
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ORDINANCE NO. B3 17'
NONINTOXICATING LIQUORS
Section 11 -101. DEFINITION OF T=41S.
Subdivision 1. As used in this ordinance, the term "person" includes a
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
number includes the plural, and t masculine pronoun includes the feminine and
neuter.
Subdivision 2. "Beer" or "nonintoxicating malt liquor" means any malt
beverage with an alcoFolic conteRY of more than one -half of one per cent by volume
and not more than three and two- tenths percent by weig�Tt.
Subdivision 3. "Intoxicating liquor" means any distilled, fermented or
vinous beverage containing more than three and two- tenThs per cent of alcohol'�y
weight.
Subdivision 4. "Original package" means the bottle or sealed container in
which the liquor is placed b the manufacturer.
Subdivision 5. "Bona fide club" means a club organized for social or
business purposes or for intellectual improvement, or for the promotion of sports,
where the serving of beer is incidental to and not the major purpose of the club.
Subdivision 6. "Restaurant" means a place of which the major business is
preparing and serving lunches or meals to fg( 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 wiTiin the City without first having received a
license as hereinafter provided. This section shall not prohibit the giving or
serving Mereot' to guests in a private home, or in a private gathering. Licenses
shall be of three kinds 71 "on- sale"; 72jRetail "off- sale (3) Retail
"temporary on- sale
Subdivision 2. "On -sale" licenses maybe 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 maybe granted to clubs,
charitable, religious, or nonprofit organizations only. "Temporary
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.
ORDINANCE NO. 83 -17
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 ordin nce as
to moral character and past offenses, if any. An investigation fee of $100 shall
accompany each application provided T(5w ever, thaT such portion o£�it e 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 he
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 counted as one montF.
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-MT of the City 6rdinances.
Subdivision 4. No part of the fee paid for any license issued under this
ordinance shall be refun5 excepuin 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 6T the
license, computed 6n anion basis, when operation of TFie licensed business ceases
not less than one month before expiration of the license because of:
1_ destruction or damage of the licensed premises by fire or
other catastrophe.
2. the licensee's illness.
T. 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 anyperson to be heard for
or against the granting of the license. After such investigation and Bearing the
Zity Council shall grant or .refuse tFe application in its discre
Subdivision 2. Each license shall be issued to the applicant only and
shall not be transferable to another holder. Each license shall be issued only for
the premises described in the application. No license may be transferred to
another place without the approval of the City Council.
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ORDINANCE NO. 83 -17
Section 11 -106. PERSONS INELIGIBLE FOR LICENSE.
No license shall be granted to any person:
1. Under 1 years of age.
7. Who han, 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 nonintoxicatin or of
intoxicating liquors.
3. Who is a manufacturer of beer or who is interested in the
control of any place wHre beer is maiT 'actured.
4. Who is an alien, or upon whom it is impractical to conduct a
background and financial investigation due to the
unavailability of information.
5. Irmo 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 viol -Fion 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. bona fide club
which has not been in opez-ation and eligib rec ie ve a. 1 ci ense for at least six
months immediately preceding the application for a license.
Section 11 -108. CONDITIONS OF LICENSE.
Subdivison 1 Every license shall be granted subject to the conditions in
the following subdivisions and al Rher provisions ot 7his ordnance and of otter
applicable ordinances of the City or State law.
Subdivision 2. All licensed premises shall have the license posted in a
conspicuous place at all times.
Subdivision 3. No beer shall be sold or served to any intoxicated person or
to any person under 19 years of age.
Subdivision 4. No person under 19 years of age shall be permitted to sell
or serve beer in any "on -sale" establishment.
Subdivision 5. No gambling or any gambling device shall be permitted on
any licensed premises.
Subdivision 6. No manufacturer or wholesaler of beer shall have any
ownership of or interest in an establishment licensed to sell at retail contrary to
the provisions of M.S.A. 340. 02. No retail licensee and manufacturer or wholesaler
of beer shall be parties to any exclusive purchase contract. No retail licensee
sTall receive any benefice contrary toiaw from a manaufa�ur6r or wholesaler of
2 q
ORDINANCE NO. 83 -17
beer and no such manufacturer or wholesaler shall confer any benefits contrary to
law upon a retail licensee.
Subdivision 7. No licensee shall sell beer while holding or exhibiting in
the licensed premises a Federal retail liquor dealer's special tax stamp unless he
is licensed under the laws of Minnesota to sell intoxicating liquors. r
Subdivision 8. No licensee who is not also licensed to sell intoxicating
liquor shall sell or permit the consumption or dis of intoxicating liquors on
the licensed premises or serve any liquid for the purpose of mixing wiT
intoxicating liquor. The presence of intoxicating liquors on the premises of such
a licensee shall be prima facie evidence of possession of intoxicating liquors for
the -purpose of sale; and the serving of any liquid for the purpose of mixing with
intoxicating liquors shall 'be prima facie evidence that intoxicating liquor is
being permitted to be consumed or displayed contrary to this ordinance.
Subdivision 9. Any peace officer shall have the unqualified right to
enter, inspect and search the premises of a licensee during business hours without a
search and seizure warrant and may in the absence of a license to sell intoxicating
liquor, seize all intoxicating liquors found of the licensed. premises.
Subdivision 10. Every licensee shall be responsible for the conduct of his
place of business and shall maintain conditions of sobriety and order. The act of
any employee on the licensed premises authorized to sell or serve beer shall T
deemed the act of the licensee as well and the licensee shall be liable to all
penalties provided by this ordinance equally with the employee.
Section 11 -109• CLOSING HOURS.
Subdivision 1. No sale of beer shall be made on any Sunday between the
hours of 1 :00 a.m. and 12:00 noon. No sale shall made between the hours of 1 :00
a.m. and 8:00 a.m. on any other day.
Subdivision 2. It shall be unlawful to consume or permit the consumption
of beer in any "on- sale" establishment on any Sunday between the hours of 1 :00 a.m.
and 12:(T noon. It shall be unlawful to consume or permit the consumption of beer in
any "on- sale" establishment between tFe hours ofT:00 a.m. and 8:00 a.m. on any other
day.
Section 11 -110. CLUBS. No club possessing an "on- sale" license shall
sell beer to anyone other than menbe.rs and guests in the company of members.
Section 11 -111. RESTRICTIONS ON PURCHASE AND CONSUMPTION. It is
unlawful for any:
Subdivision Licensee or his employee to permit any p erson under the age
of 19 years to consume nonintoxicating malt liquor on the licensed premises except
as provided in Subd. 5.
Subdivision 2. Person other than the parent or legal guardian to procure
nonintoxicating malt liquor for any person under the age of 19 years.
Subdivision 3. Person to induce a person under the age of 19 years to
purchase or procure nonintoxicating malt liquor. i
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ORDINANCE NO. 83 -17
Subdivision 4. Person under the age of 19 years to misrepresent his age for
the purpose of obtaining nonintoxicating malt liquor.
Subdivision 5. Person under the age of 19 years to consume any
nonintoxicating malt 71quor unless in the company of his parent or guardian.
Subdivision 6. Person under the age of 19 years to possess any
nonintoxicating malt liquor, with intent to consume it at a place other than the
household of his parent or guar -.ian, except in company efTlis parent or guardian.
Subdivision 7. No person shall consume or display any intoxicating liquor
on the premises of a licensee who is not also licensed to sell intoxicating, liquors
Section 11 -112. REVOCATION. The violation of provision or condition of
this ordinance by a beer licensee or his agent shall be grounds for revocation or
suspension of the license. she license of any person who holds a federal retail
liquor dealer's special tax stamp without a license to sell intoxicating liquors at
such place shall be revoked without notice and without hearing. In all other cases
a, license granted under t is ordinance maybe revoked or suspended by The Council
after written notice to the licensee and aZublic hearing. The notice shall give at
least eight days' notice of the time and glace 51 hearing and shall stake tFe
nature of the charges against the licensee. The Council may suspend any license
pending a hearing on revocation or suspension.
Section 11 -113. SEPARABILITY. Every section, provision or part of this
ordinance is declared separable from every other section, provision or part; and if
any section, provision or part of any ordinance shall be held invalid, it shall not
affect any other section, provision or part thereo
Section 11 -114. SUPREMACY CLAUSE. The supr clause found in Section
23 -013 shall not apply to Sections through 1.
MUNICIPAL LIQUOR STORE
Section 11 -201. LIQUOR STORE ESTABLISHED. A municipal liquor store is
hereby established to be operated witTiin this municipality for the sale of liquor
potable as a, beverage containing more than 3.2% of alcohol by weight in the sealed or
closed receptacle or retainer for removal from the premises-. No person shall sell,
'barter, or otherwise dispose of ntoxicating liquor, nor shM a sale be made ny
anyone outside of said municipal liquor store or not employed in and by id
sa
municipal liquor store. It shall be unlawful for any person or persons to mix or
prepare liquor for consumption in any public place or place of business or to consume
liquor in such places. No liquor shall be sold or consumed on a public highway or in
an automobile. or.
in
LOCATION AMID OPERATION. The said municipal liquor store
shall be at such glace as the Council shall determine �Z motion and may be either
leased or owned by the municipality. It shall be in charge of a person known as the
Operator, who shall also be selected ]f City Council and who shall be paid such
compensation as the Council shall determine. Said operator shall have full charge
of the operation of such municipal liquor store, and shall have authority to
purchase supplies as are necessary and employ such additional help as he may need at
a rate of compensation to be approved by the Council and under rules to be determined
by the Council. All employees including operator shall hold their 7ositions at the
pleasure of the City Manager. No minor person shall be employed in the municipal
liquor store.
ORDINANCE NO. 83 -17
Section 11 -203. FUND, CREATED. A municipal liquor store fund is hereby
created into which all revenues received from the operation of the municipal liquor
store shall be paid, and from. which all operating expenses shall be paid, provided
that the initial costs of rent, fixtures and stock may be paid for out of the general
fund of the municipality, but such amounts shall be reimbursed to the said general
fund out of the first moneys coming into the municipal liquor store fund needed for
carrying on the said business. Any surplus accumulating in this fund may be
transferred to the general fund by resolution of the Council and expended for any
municipal purpose.
Section 11 -204. HOURS OF OPERATION. The municipal liquor store shall at
all times observe the following restrictions on the hours of operation: No sale of
intoxicating liquor shall be made on Sunday. No off -sale shall be made before 8:00
a.m. or after 8:00 p.m. of any day except Friday and Saturday, on which days
off -sales may be made unti p.m. No off -sale s affil. l ae made onl�ewY ear rs J)ay,
January 1; Independence Day, July 4; Thanksgiving Day; Christmas Day, December 25;
but on the evenings yrecedine such days, off -sales may be made until 10:00 Y.m.,
except that no off -sale shall be made on LSecember 24 after SROO 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. r r
Subdivision 3. No liquor sha11 be sold. to a person under the age of 19
years.
Subdivision 4. No person shall enter or remain in the municipal liquor
store except for the purpose of purchasing or selling liquor, beer, beverages or
related incidental products. Any person entering or remaining therein for any
other purpose may be banned by the City Manager. Any person violating such ban may
be punished as provided herein.
Section 11 -207. ENFORCEMENT. It shall be the duty of the police
department of the municipality to enforce the provisions of this ordinance and to
search premises and seize evidence of law violation and preserve the same as
evidence against any person alleged to violating this ordinance, and £o prepare
the necessary processes and papers therefor.
PURCHASE, POSSESSION, AND CONSUMPTION OF BEER A14 LIQUOR BY MINORS
Section 11 -301. LIQUOR ON SCHOOL GROLI DS. Unless possessing a
"temporaxj on -sale" license pursuant to M.S. 340.02 (2), no person shall introduce
upon, or have in his possession upon, or in, any schoo grounds, or any school
or school building, any beer, wine, or intoxicating liquors, except for experiments
in laboratories.
7
ORDINANCE NO. 83 -17
SET UP LICENSE
Section 11 -401. PERMIT REQUIRED. It shall be unlawful for any private
club or public place, directly or indirectly or upon any pretense or by any device to
allow the consumption or display of intoxicating liquor, or to serving of any
liquid for the purpose of mixing with intoxicating liquor without first securing a
permit from the Commissioner of Public Safety and paying the fee as provided in this
ordinance.
Section 11 -402. ANNUAL LICENSE. Every private club or public place
desiring to allow the consumption or display of intoxicating liquor shall on or
before July 1 of each year pay to the City Manager a fee of $300 and shall be issued a
written receipt therefor. If a portion of the year has elapsed when payment is
made, a pro rata fee shall be paid; but no such pro rata fee shall be accepted from any
priva Fe club or public place which has violated Section fl_-TM 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 a 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 Z 5 to the City Manager, and obtain a
license for a specified period not to exceed 24 hours. The license shall not be
valid unless 1proved by the Commissioner of fVElic Safety. No more Than 10 sucFi
licenses shall be issued during any one calendar year.
Section 11 -404. PREMISES OPEN FOR INSPECTION. Any private club or public
place allowing the consumption or display of intoxicating liquor shall be open at
all reasonable hours for inspection by the Commissioner of P Safety, his
designated agents, and duly authorize
peace officers of oie 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.
Section11 -405 EXCLUSION. Section11 -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 cf intoxicating liquor on any premises of a bottle
club or a business es_�EblishmenTbetween the hours of ):00 a.m. and 8: a.m. or
between the hours o�1 :00 a.m. and 3:00 P.M. on Memorial Day; or between the hours (TT
1:00 a.m. and 8:OOY.m. on any primary, special, or general election day held in the
district in which the bottle club or business establishment is located.
r�
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ORDINANCE NO. 83 -17
LICMTSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR
Section 11 -501. DEFINITION OF TFMgS.
1. The term "intoxicating liquor" shall mean and include ethyl alcohol and
include distilled, fermented, spiritous, vinous, and malt beverages
containing in excess of 3.2°0 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 onthe premises only.
5. The term "wholesale" means and includes any sale for purposes of
resale. The term. "wholesaler" means any person engaged in the
business of selling intoxicating liquor to retail dealers.
6. The term "manufacturer" includes every person who, by any process of
manufacture, fermenting, brewing, distilling, refining, rectifying,
blending,, or by the combination of different materials, prepares or
produces intoxicating liquors for sale.
7. As used in this ordinance the term "person" includes a natural person of
either sex, partnership, corporation and association of persons and
the agent or manager of any of the aforesaid. The singular number
includes the plural and the masculine pronoun includes the feminine and
neuter.
8. The terms "package" or "original package" mean any corked or sealed
container or receptacle holding intoxicating liquor.
9. The term "hotel" means and includes any establishment having a resident
proprietor or manager, where, in consideration of payment therefor,
food and edging are regular4r furnisFe transients, w cF
maintains for the use of its guests not less than 1 00 guest .rooms with
bedding and other usual, suitable and necessary furnishings in each
room, which is provided at the main entrance with a suitable lobby,
desk, and office for the registration of its guests on the ground floor,
which employs an adequate staff to provide suitable and usual service,
and which maintains under the same management and control as the rest of
the establishment and has, as an integral part thereof, a dining room
with appropriate facilities for seating not less than 1 00 guests at one
time, where the general public are, in consideration of payment
therefor, served with meals at tables
10. The term "restaurant" means any establishment other than hotel under
the control of a single proprietor or manager, having appropriate
facilities to serve meals and for seating not less than 150 guests at
�9
ORDINANCE NO. 83 -17
one time, and where in consideration of payment therefor, meals are
regularly served at to tiles to The generate public, an w lc empTo_ys an
adequate staff to provide tFe usual and suitable service to its guests,
and a significaRT part of the business of which is the serving of foods.
For purposes of an "on -sale wine" license seating must be available for
not less than 75 guests at one time with all other sections of
definition applicable as sated.
11 The term "club" means and includes any corporation duly organized under
Me laws of t -ie for civic, fraternal, social or business purpose
or for intellectual improvement or for the promotion of sports which
has been in existence for more than three years, and any
congressionally chartered veterans' organization which has been in
existence for at least three years immediately preceding application
for license, which shall more than fifty members, and which shall,
for more than a year, a e owned, hired, or leased a building or space in
a building of such extent and character as may be suitable and adequate
for the reasonable and comfortable accommodation of its members and
whose affairs and management are conducted b a board of directors,
executive committee, or other similar body damn by the members at a.
meeting, held for that purpose, none of whose members, officers, ageets
or employees are paid directly or indirectly any compensation by way of
profit from the distribution or male 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 yearby the directors or other
governing body.
12. The term "wine" means a vinous beverage containing not more than 14
percent alcohol by volume.
13. The term "on -sale wine" means the sale of wine for consumption on the
premises only.
Section 11 -502. LICE1`aSE 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 s license to do so as provided in
this ordinance. Licenses shall be of six kinT6 `'Un -Sale Liquor
Class A", "On -Sale Liquor Class B" 1 'On Sale Liquor Class C On -Sale
Liquor Class D "On -Sale Club and "On -Sale Wine
i
2. "On -Sale Liquor" licenses shall be issued only to restaurants which are
conducted in such a manner that a significant part of the revenue for a
license year is tT e sale of foods, and to hotels conducted in such a
manner that, of that part of the total revenue derived from the serving
of foods and intoxicating liquors, a significant part thereof for the
license year is derived from tie serving of foods. The term
"significant part" as used in the subparagraph means the following:
a. for Class A licenses, 80 0 or more of the applicable revenue derived
from the serving of foods;
a
30
ORDINANCE NO. 83 -17
b. for Class B licenses, 50% thr 79% of the applicable .revenue
derived from the serving of foods;
c. for Class C licenses 45% through ugh 49% of the applicable revenue
derived from the serving of foods;
d. for Class D licenses, 40% through Wo of the applicable revenue
derived from the serving of foods.
3. All licensees who have not established the ratio between revenue
derived from foods and revenue derived from s-1er sources a ie
proposed licensed premise shall apply for a Class B license
4. "On -Sale Club" licenses shall be issued only to clubs.
5. "On -Sale Wine" licenses shall be granted only to restaurants which are
conducted in such a manner thawa significant part of the revenue for a
license year is the sale of foods, and only the sale of wine not
exceeding 14 percent alcohil volume for consumption on thie licensed
premises, in conjunction with the sale of food shall be permitted.
a. for wine licenses the term "significant part" means 50% or more of
the applicable revenue derived from. the serving of fond.
Section 11 -503. NUMBER OF LICENSES ISSUED. The number of private "on-
sale liquor" licenses issued by the City of Brooklyn Center shall be limited to 18.
The number of "on -sale wine' licenses shiall be unlimited.
Section 11 -504. APPLICATIONS FOR LICENSE. Every application for a
license to sell intoxicating liquor shall be verified and filed with the Chief of
Police. In addition to the information which may be .required by the State
Commissioner of Public Safety's form, the application shall contain the following:
1. Whether the applicant is a natural person, corporation, partnership or
other form of organization.
2. Type of license applicant seeks.
3. If the applicant is a natural person, the following
information:
a. True name, place and date of birth, and street resident address of
applicant.
b. Whether applicant has ever used or been known by a name other than
his true name and, if so, whawwas s Rams, 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 case a copy of the certification, as
required �1 UFappTer _%�j,- innesota Stu certified by tFe
Clerk of the District Court, shall be attached to the application.
0
3f
ORDINANCE NO. 83 -17
d. Whether applicant is married or single. If married, true name,
place and date of birth and street residence address of applicant's
present spouse.
e. Whether applicant and present spouse are registered voters and if
so, where.
f. Street address at which applicant and present spouse have lived
during the preceding ten years.
g. Kind, name and location of every business or occupation applicant
or present spouse have been engaged in during the preceding ten
years.
h. Names and addresses of applicant's and spouse's employers and
partners, if any, for the preceding ten years.
i. Whether applicant or his spouse, or a parent, brother, sister or
child of either of them, has ever been convicted of any felony,
crime ox 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 tEem has ever been engaged as an employee or in
operating a saloon, hotel, restaurant, cafe, wavern or Sher
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
engaged in P'Linnesota 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 oithe whole or
half blood computed b the rules of civil law, or who is a
P
brother -in -law or sister-in-law of the applicant or spouse.
4. If the applicant is a partnership, the names and address of all partners
and all information concerning each partner as is required of a single
applicant in Subsection 3 above. A managing partner, ox partners,
shall be designated. The interest of each partner in the business
shall be disclosed. A true copy of the partnership agreement shall be
submitted with the application and if the partnership is required to
file a certificate as to a trade name under the provisions of Chapter
333 Minnesota Statotee, a co of such certificate certified by the
Clerk of L`istri'_c Z`,ourt shMbe a_Ta_che�o the appication.
5. If the applicant is a corporation or other organization and is ate plying
fo r an on -sale li q uor or an on -sale wine license the following:
a. Name, and if incorporated, the state of
incorporation.
31
I
ORDINANCE NO. 83 -17
b. A true copy of Certificate of Incorporation, Articles of
Incorporation or Association Agreement and Bylaws and if a forei m
corporation, a Ni tif'icate of Authority as descri e Chapter
303, Minnesota Statutes.
c. The name of the manager or proprietor or other agent in charge of
the premises to be licensed, giving all the information about said
person as is required of a single applicant in Subsection 3 above.
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 souse, or a parent,
brother, sister or child or either of them, own or control an
interest in said corporation or association in excess of 57o or who
are officers of said corporation or association, togefher with
their addresses and all information as is required of a single
applicant in Subsection 3 above. i
6. If the application is for an "on -sale club" license, the following
information:
a. The name of the club.
b. Date that club was first incorporated. True copies of the
Articles of Incorporation, Bylaws and the names 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 applicant is a
congressionalV chartered veterans' organization, in existence
for more than three year rior to January 1, 1961 The statement
s a- e made bX a person who has personal of fhe 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.
e. 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.
7. The exact legal description of the premises to be licensed together
with a plot plan of the area showing dimensions and location of
buildings.
8. Ana applicant for an on sale liquor" or an "on-sale wine" license o
pp q
shall submit a floor plan of the dining room, or dining rooms, which
small be open to the public, shall show dimensions and shall indicate
the number of persons intended to be served in each of said .rooms.
33
ORDINANCE NO. 83 -17
9. If a permit from the Federal government is .required �y the Laws of the
United States, indicate whether or not such permit has been issued, and
if so, required in what name issued and the nature of the permit.
10. The amount of the investment that the applicant has in the business,
building, premises, fixtures, furniture, stock in trade, etc., and
proof of the source of such money.
11. The names and addresses of all persons, other than the applicant, who
have any financial interest in the business, buildings, premises,
fixtures, furniture, stock in trade; the nature of such interest,
amount thereof, terms for payment or other reimbursement. This shall
include, but not be limited to any lessees, lessors, mortgagees,
mortgagors, lendors,lien holders, trustees, trustors, and persons who
have cosigned notes or otherwise loaned, pledged, or extended security
for any indebtedness of the applicant, but shall not include persons
owning or controlling less than a 5�6 interest in the business, if a
corporation.
12. The names, .residences and business addresses of three persons,
_residents of the State of Minnesota, of good moral character, not
.related to the applicant or financially interested in the premises or
business, who may be referred to as to the applicant's character or, in
the case where information is .required of a manager, the manager's
character.
13. Whether or not all real estate and personal property taxes for the
premises to be licensed which are due and payable have been paid, and if
not paid, the years and amounts which are unpaid.
14. Whenever the application for an "on -sale liquor" or an "on -sale wine"
license or for a transfer thereof is for premises either planned or
under construction or u substantial alteration, the
application shall be accompanied by a set of preliminary plans showing
the design of the proposed premises to be licensed.
15. Such other information as the Chief of Police shall .require.
Section 11 -505. RMNAL APPLICATIONS. Applications for the .renewal of
an existing license shall be made at least 60 days prior to the date of the expiration
of the license. If, in the judpnent of the City Council good and sufficient cause
is shown by an applicant for his fa lure to file for a renewal within the time
provided, the City Council may, if the other provisions of this ordinance are
complied with, grant the application.
I
At the earliest practicable time after application is made for a renewal of
an "on -sale liquor" or ai7on -sale wine'=license, and in any even prior tot'he 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 CerT_i:r'icate of Authority.
Section 11 -506. FIECUTION 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,, h�_ the manager or managing officer thereof. TTtFe
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ORDINANCE NO. 83 -17
applicant is a partnership, the application, license and bond (or insurance policy)
shall be mace and issuect 1n �he 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 ��-010 of the City
Ordinances. The aenual license fee for an "on -sale club" license
shall be the maximum amount permitted by 711nnesota'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 preceding each license year. renewal license fees shall be
amid_ in full �Z December 15 preceding each license year. All fees
shall 'Ge paid Into the general fund of fhe City. All licenses shall
expire on the last day of December of each year. Upon rejection of any
applicaion for a license, or upon w drawal of application before
approval of the issuance by Me City Council, the license fee shall be
.refunded to the applicant.
3. The fee for an "on -sale liquor," "on -sale club" or an "on -sale wine"
license granted after the commencement of the license year shall be
prorated on a daily basis.
4. When the license is for a premise where the building is not ready for
occupancy, the commencement date for computation of the license fee for
T he inifiM license periocFsh�Ia. Ee The date on wTl' c a certificaBe 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.
6. No part of the fee yaid for any license issued under this ordinance
sFiall be refunded except in the following instances upon application to
the Council within 30 days from the happening of the event. The
Council may in its judgment refund a pro .rata portion of the fee for the
unexpired period of the license, computed on a monthly basis, when
operation of the licensed business ceases noT less than one month
before expiration of the license because of:
a. destruction or damage of the licensed premises by fire or other
catastrophe.
b. the licensee's illness.
c. the licensee's death.
d. a change in the legal status of the municipality making it unlawful
for a iicensed business to continue.
7. At the time of each original application for a license, except in the
case of an r'on -sale club" license, the app sT spay in fula an
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ORDINANCE NO. 83 -17
investigation fee equal to the actual cost of investigation, not to
exceed M,000 if The invesTi"gation is conducted outside Minnesota,
and not to ex6eed1500 if the investigation is conducted within
Minnesota. The applicani pay such portion of the fee as the
Chief of Police deems adequate to cover the proposed investigation,
provided that the Chief may require additional advances not to exceed
the limitation set out herein. Any portion of the fee for an
investigation outside Minnesota which exceeds actual expenses shall he
returned to the applicant, provided that the minimum fee for
investigations within Minnesota shall be $100.
8. At any time that an additional investigation is required because of a
license .renewal, a change in tFe ownership or control of the licensee or
because of an enlargement, alteration, or extension of premises
yreviously licensed, the licensee shall pay an investigation fee as
et forth in Subd. 7 of this section. The investigation fee shall
accompany the application.
Where a new ap is filed a. .result of in b
9 pp 1 d as rp y the an
existing licensee and the ownership, control and interest in
license are unchanged, no additional license fee will be required.
Section 11 -508. INVESTIGATION OF APPLICATIONS.
1. All applications for a license shall be referred to the Chief of Police,
and to such other City departments as the City Manager shall deem
necessary for verification and investigation of the facts set forth in
The applic� ion. The Chief oT P olice shulf to be made suc
investigation of the information .requested in gection 11 504,
Subdivision S necessary as shall be necessa and shall make a written
recommendation and report to the City Council. The City Council may
authorize such additional investigation as it shall deem necessary.
Section 11 -509. PERSONS IATIIGIBLE FOR LICENSE. No license shall be
granted to or held by any of the following persons. The charuoteristics of any
owners, officers, managers, employees or others who require investigation under
Section 11 -504 hereof shall be attributed to the licensee:
1. Under 19 years of age.
2. Who is not of good moral character.
3. Who, if an individual, is an alien, or upon whom it is impractical to
conduct a background and financial investigation due to the
unavailability of information.
i
4. Who has been convicted of any willful violation of any law of the United
States, the State of Minnesota, or any other sate or territory, or of
any local ordinance .regarding the manufacture, sale, distribution or
possession for sale or distribution of intoxicating liquor, drugs or
prohibited substance, or whose liquor license has been revoked for any
willful vio =tion of any or ordinance.
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ORDINANCE NO. 83-17
1
5. Who is a manufacturer or wholesaler of intoxicating liquor and no
r 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 other establishment in
the of 13rocZl m Center to which an "on -see liquo
Zity r" or an "on -sale
wine" license has been isseed 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
rovisions of Subj. 5, or 6 of this section or who, in the judgpnent of
he City Council, is noTtFiF rea9, party in interest oroeneficial owner
of the business operated, or to be operated, under the license.
g. 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 Ulties metropolitan area at the time of the date for renewal if,
in the case of a partnership, tie managing par ner 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
CI'T'IES MHOPOLITAN is defined as being comprised of the counties
of Anoka, Carver, Da kota, nennepin, Ramsey, Scot— aniWashington.
10. No person shall own an interest in more than one establishment or
business within Brooklyn Center or 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 pr&its of a retail liquor establishment, but
does not include bona fide loans; bona fide fixed sum 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 leasingmerchandise, 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 fromtime
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 d.etermininE "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 tames, assessments or other financial claims of tFe
City or of the State are due, deli n quent or unpaid. In the event an
action lies been commenced pursuant to the provisions of Chapter 27
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ORDINANCE NO. 83 -17
Minnesota Statutes questioning the amount or validity of taxes, the
Council may, on application by the licensee, waive strict compliance
with this provision; no waiver may be granted, however, for taxes or any
portion thereof, which remain unpaid for a period exceeding one year
after becoming due.
2. No license shall be issued for the premises owned �Z a person to whom a
license may not be granted under T is ordinance, except any owner who is
a minor, alien, or a person who has been convicted of a crime other than
E 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 diniy area, open to the general public, with a total minimum
floor area of 1 800 square feet or for a hotel that does not have a dining
area, open to the general public, with a total minimum floor area of
1200 square feet.
4. No license shall be granted for any place which has a common entrance or
exit between any two establissents except that a juublic concourse or
T=ic lobsy shall not be construed as a common entrance or exit.
Section 11 -511. CONDITIONS OF LICENSE.
1_ Every license shall be granted subject to the conditions of the
following subdivisions and all other subdivisions of this ordinance
and of any other applicable ordinance of the City or State law.
2. The license shall be posted in a conspicuous place in the licensed
establishment at all times.
3. Any police officer, building inspector, or any employee so designated
by the City Manager shall have the unquali -Hied right to enter, inspect,
and search the premises of the licensee duringbusineos hours without a
warrant.
4. Every licensee shall be .responsible for the conduct of his place of
business and the conditions of sobriety and order in the place of
business and on the premises.
5. No "on -sale liquor" or "on -sale wine" licenses shall sell intoxicating
liquor 'off- sale.
6. No license shall be effective beyond the space named in the license for
which if granted.
7. No intoxicating liquor shall be sold or furnished or delivered to
intoxicatedc person, to any ha6i ua drunkard, to EFW person under
years of age, or to any person to whom sale is prohibited by State law.
8. No p under 19 years of age shall be employed in an rooms
constituting�ie place in w ich "on- sale iquor" is -sold at .retail
except that persons under 19 years of age may be employed to perform the
duties of a busboy or dishwashing services in places defined. as a
restaurant or hotel or motel serving food in _rooms in which "on -sale
liquor" is sold at .retail. Serving of any "on -sale wine" must be done
by persons 19 years of age or older.
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ORDINANCE NO. 83 -17
Q. No equipment or fixture in any licensed place shall be owned in whole or
in part by any manufacturer or distiller of intoxicating liquor except
such ass all be expressly permitted �Ptate law.
10. No licensee shall sell, offer for sale, or keep for sale, intoxicatin
liquors from any original paha.ge which has been refilled or part -,y
refilled. No licensee shall directly or through any other person
delete or in any manner tamper with the contents of any original package
so as to change its composition or alcoholic content while in the
original package Possession on the premises by the licensee of any
intoxicating liquor in the original package differing in composition
or alcoholic content in the liquor when .received from the manufacturer
or wholesaler from whoa it was purchased, shall be prima facie evidence
that the contents of the original package have been diluted, changed or
tampered with.
11. No licensee shall apply for or possess a Federal Wholesale Liquor
Dealer's special tax stamp or Federal gambling stamp.
12. No licensee shall keep ethyl alcohol or neutral spirits on his licensed
premises or permit their use on the premises as a beverage or mixed with
a. beverage
13. The business records of the licensee, including Federal and State tax
returns, shall be available for inspection b the City Manager, or
other duly authorized representative of the4ity 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 IL the City Manager or his designee.
14• Changes in the corporate or association officers, corporate charter,
articles of incorporation, bylaws or partnership agreement, as tree
case may be, shall be submitted to the Chief of Police within 30 days
after such changes are made. Tn the case of a corporation, the
licensee shall notify the Chief of Police when a person not listed in
the application acquires an interest which, together with that of hia
souse, parent, brother, sister or child, exceeds 59�, and shall
all information about said person as is required of a person pursuant to
the provisions of Section 11 -504, Subdivision 3, of this ordinance.
15. At the time a licensee submits his application for .renewal of a license,
he shall state the nature and amount of any contribution he has made in
TFie preceding five years for state and local campaign or political
purposes, the person to whom the contribution was made and the person or
organization for whom intended.
16. A licensed restaurant shall be conducted in such a manner that a
significant part of the business for a license year is the serving of
foods. A hotel shall be conducted in such a manner t 1Dat, of that part
of the total business attributable to or derived from fhe serving of
foods and intoxicating liquors, a significant part of the business for
a license year is the serving of foods.
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ORDINANCE NO. 83 -17
17. No licensee shall keep, possess, or operate or permit the keeping,
possession, or operation of any gambling device or apparatus on the
licensed premises, and he shall not permit any gambling therein.
18. No licensee shall knowingly permit the licensed yremises or any room in
those premises or any adjoining building directly or indirectly under
his control tc be used as a .resort for prostitutes.
19. Every licensed premise which requires a, sca_rd, password, passkey or
other indicia of 'membership as a condition of entrance thereto, shall
provide the Chief of Police with such indicia of membership or be used
only for the purposes sef forth in this Section T1 -404•
Section11 -512. HOURS OF OPERATION. No intoxicating liquor shall be sold
nor consumed nor yermitted to be consumed within the licensed premise after 1 :00
a.m. on Sunday nor until 8:09 on Monday. No intoxicating liquor shall be sold
nor consumed nor yerm.itted to be consumed within a licensed premise between the
hours of 1 :00 a.m. and 8:00 a.m. on any weekday. No "on -sale" shall be made aft
8:00 p.m. on December 24.
Section 11 -513. CLUBS. No club holding_, an "on -sale club" license shall
sell intoxicating liquor except to members and bona fide guests.
Section 11 RESTRICTIONS OF PURCHASE AND CONM1PTION.
1. No person under 19 ,years of age shall misrepresent his age for the
purpose of obtaining intoxicating liquor nor shall he enter any
i premises licensed for the retail sale of intoxicating liquor for the
purpose of purchasing or having served or delivered to him for
consuming any such intoxicating liquor, nor shall any such person
purchase, attempt to purchase, consume, or have another person
purchase for him any intoxicating liquor.
2. No person under 19 years of age shall receive delivery of intoxicating
liquor.
3. No person shall induce a person under the age of 19 years to purchase or
procure or obtain intoxicating liquor.
4. Any person who may appear to the licensee, his employees or agents to be
under the age of 19 years shall, upon demand of the licensee, his
employee or agent, produce and yermit to be examined a valid driver's
license (:Tr card.
5. In every prosecution for a violation of the provisions of this
ordinance relating to the sale or furnishing of intoxicating 11 quor to
yersons under the age of 19 years, and in every proceeding before tme
City Council with respect thereto the fact that the minor involved has
obtained and presented to the licensee, his employee or agent, a
verified identification from which it appears that said person was 1
years of age and was .regularly issueFsu lc identificca ion card, s�Fial' l
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.
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ORDINANCE NO. 83 -17
6. Any person who may appear to the licensee, his employee or agent to be
under 19 ,years of Poe and who does not have in his possession any
identification certificate as above described, sign and execute a
statement in writing as follows:
READ CAREFULLY BEFORE SIGNING
The following are excerpts from the Laws of the State of Minnnesota, Section 340.731
71Fnesota Stiff. es, Minors, .forbidden FcT sor 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 wTh intent to consume same
at a place other than the household of his
parent or guardian."
VIOLATION OF TBE ABOVE MINNESOTA LAW IS A
MISDEPEANOR PUNISHABLE BY A FINE OF '$700 OR 90 DAY
My age is Date of Birth
Place of Birth
P a Address is
ed:
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 busines or operations of the licensee. Sucre forms after execution
shall be kept on file ]T the licensee for a period of one year.
7. No person shall give, sell, procure or purchase intoxicating liquor to
or for any person to whom the sale of intoxicating liquor is forbidden
law.
8. No intoxicating liquor shall be consumed on a public highway or in an
automobile.
Section 11 -515. LIABILITY INSURAT]CE.
Subdivision 1 Insurance Required. At the time of filing an application
for any on -sale or off -sale intoxicating or nonintoxicati'ng liquor license, the
Ll 1
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ORDINANCE NO. 83 -17
applicant shall file with the Chief of Police proof of financial .responsibility for
liability imposed by Minnesota Statutes Section 347. which shall be subject to
the approval of the City Council. The issuer or surety on any liability insurance
policy or bcnd duly license do business in tFie ate of Minnesota, and
all documents shall be approved as to content, farm 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 b(5 provided ly supplying to the Chief of Police any
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 fo.r one person, inthe amount
of X100,000 because of borily injurer to two or more persons in any
one occurrence, and in the amount of $10,000 because of injury to or
destruction of property of others in any one occurrence.
2. $50,000 for loss of means of support of any one person in any one
occurrence, and subject to the limit Tor one person, X100,000 for
loss of means of support of two or more persons in any one
occurrence; or
b. A bond of a surety company with minimum coverages as provided in clause
c. A certificate of the state treasurer that the licensee has deposited
with him $100,100 in cash or securities which may legally be urchased
y savings banks or for trust funds having a market value of 7100,000.
Subdivision 3. Exceptions to the Requirements of Proof of Financial
Responsibility. The following, yersons are excepted from Subdivisions 1 and 2 of
this Section unless such person holds an additional license not so excepted:
a. Nonintoxicating malt liquor on -sale licensees with sales of
nonintoxicating malt liquor of less than $10,000 per license year.
b. On -sale wine licensees with wine sales of less than $10,000 of wine per
license year.
c. Nonintoxicating malt liquor off -sale licensees with sales of
nonintoxicating malt liquor of less than $20,000 per license year.
Section 11 -516. REVOCATION. The City Council may suspend or .revoke any
intoxicating liquor license for the violation of any provision or condition of this
ordinance or of any State law or federal law regulating the sale of intoxicating
liquor, and shall revoke such license for any willful violation which, under the
laws of the State, is grounds for mand and shall .revoke for failure
ke
to ep e insurance required 'by Sec loner -75 in full force and effect.
Except in the case of a suspension pending a hearing on .revocation,
nonmandatory revocation or suspension by the Council shall be preceded b written
notice to the licensee and a public hearing. The notice shall give at leas days"
notice of the time and place of the hearing and shall state the nature of the charges
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ORDINANCE NO. 83 -17
against the licensee. The Council may, without any notice, suspend any license
pending earing on .revocation for a period not exceeding 50 days. I'F no'El`ce may be
served upon the licensee personally or by leaving the same at the licensed premises
VTTR7he person in charge thereof. suspension after pudic hearing shall exceed
60 days.
Section 11 -550. SUNDAY SAFES AUTHORIZED. Notwithstanding the
provisions of Section 11 -512 of the City Ordinances, establishments to which
"on -sale liquor" licenses have been issued for the sale of intoxicating liquors may,
upon obtaining a special license, serve intoxicating liquor between the hours of
10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food.
Wine may be sold without a, speciel license under the authority of an "on -sale wine"
license between the hours of 10:00 a.m. and 12:00 midnight in conjunction with the
serving of food.
Section 11 -551 LICENSE REQUIRED. No person shall directly or
indirectly sell or serve intoxicating liquors as authorized in Section 11 -550
without having first obtained a special license from the City Council, except under
the authority of an "on -sale wine" license. Application for such a special Sunday
license shall be filed with the Chief of Police.
Section 11 -552. LICENSE FEES. The annual license fee for a special
"on -sale liquor" Sunday license shall be in an amount as set forth in Section 23 01�
of the City Ordinances. The annual license fee shall be paid in full before the
application for a license is accepted. All licenses shall expire on t�Fe lastd ay
of
December of each year. Upon .rejection of any application for a license, or upon
withdrawal of applica L pr
ion before the apoval of issuance by the City Council, the
license fee shall be refunded to the applicant. The fee fora license granted after
the commencement year shall be prorated on a monthly basis.
Section 11 -600. PENALTIES. Any person violating any provision of this
ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine of not more than seven hundred dollars $700) and imprisonment for
not more than 90 days, or both, together with the cost of prosecution.
Section 3. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this 21st day of Novembe4 1 9183-
May6r
3
i l
ATTEST:
le-
Published in the `ofieial newspaper October 27, 1983
Effective date December 26, 1983
(Underline indicates new matter, brackets indicate matter to be deleted.)
y'