HomeMy WebLinkAbout1983-17 12-27 AP BROOKLYN CENTER POST
V F 1
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN SS.
Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the vice President
of The Post Publishing Co., publisher and printer of the newspaper known as
BROOKLYN CENTER POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second -class matter in its local post
office. (5) Said newspaper purports to serve the
CITY OF BROOKLYN CENTER
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed x..... i 7 r
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hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
theEngIishlanguage ,onceeachweek, for... f.. successiveweeks; thatitwasfirstsopublishedon
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the:-'".. day o0 t a, 19. Jand was thereafter printed and published on every.........
to and including the.......... day of 19 and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz -5 pt. Sans
Al r
Subscribed and sworn to before
me this. s: 1 .fi...........day of c.;L'?..�...A.D., 19.a
(NOTARIAL SEAL)
Notary Public ........................County, Minnesota
My Commission Expires .......................19......
No.
Affidavit of Publication
OF
Published in
BROOKLYN CENTER POST
8801 Bass Lake Road
MINNEAPOLIS, MINNESOTA 55428
DATE OF PUBLICATION
ATTORNEY
FILED
BROOKLYN CENTER POST
11
I
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 transferred to
4 another place without the approval of the City Council.
Section 11-106. PFREONS INELIGIBLE FOR LICENSE.
Qotioe is hereby given that a public hearing will be on the 7th day of November, No license shall be granted to any person:
1983, at 8:00 p.m. at City Han, 6301 Shingle Creek Parkway, to consider an amendment
to the City Ordinances which would revise the license fees for liquor. ..�.k r 1. Under 19 years of age..
ORDIAA2dCEAIO. 2.. Who has, within the .past five years, been convicted of a
felony, or of violating the National Prohibition Act or arty
AN ORDINANCE ARMING CHAP'.rE'R 11 OF THE CITY' ORDIAiANCFS law of this .State or local ordinance relating to the
manufacture, transportation or sale of nonintoxicating or of
RFRARDING LIMOR intoxicating liquors.
3. Who is a. manufacturer of beer or who is interested in the
TIC. CITY COUNCIL OF THE CITY OF BROOFLYN CENTER IOES ORDAIN AS FOLLOWS: control of any place where beer is manufactured.
4. Who is an alien.
Section 1: Chapter 11 of the City Ordinances is hereby amended by the 5. Who is not of .good moral character.
repeal of the following;. r ."K•"*', 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
(NONIN'TOXICATING LIQUORS y sale of intoxicating liquor at any place unless there has also
*i, been issued to him a local license to sell intoxicating liquor
Section 11 -101. DEFIF.ITION OF TERMS.. r at such place.
r.� 7. Who is not the proprietor of the establishment for which the
Subdivision 1. As used in this ordinance, the term "person" includes a w, license is issued.
r,..y ,natural person of either sex, aco- partnership, a corporation or association of
persona, and the agent or manager or employee of any of the aforesaid. The singular .Section 11 -107. PLACES INELIGIBLE FCR LICENSE..
number includes the plural, and the masculine pronoun includes the feminine and
neuter. 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
Subdivision 2. 'Beer" or "nonintoxicating malt liquor" means any malt beer or liquor law., or where any license hereunder has been revoked for cause until
beverage with an alcoholic content of more than one -half of one per cent by volume one year has elapsed after such conviction or revocation.
and not more than three and two tenths percent by weight.
Subdivision 2. No "on -sale" license shall be granted for a. bona fide club
Subdivision 3• "Intoxicating liquor" means distilled, fermented or which has not been in operation and eligible,to receive a license for at least six
vinous beverage; containing more than three and two tenths per cent of alcohol by .months immediately preceding the application for a license.
Section 11 -108. CONDITIONS OF LICENSE.
Subdivision 4. "Original package" means the bottle or sealed container in
which the liquor is placed by the manufacturer. Subdivison i. Every license shall be granted subject to the conditions in
the following subdivisions and all other provisions of this ordinance and of other
Subdivision 5• "Bona fide club" means a club organized for social or applicable ordinances of the City or'State law.
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 2. ,All .licensed premises shall have the license posted in a
conspicuous place at all times.
Subdivision 6. "Restaurant" means a place of which the major business is
Subdivision 1 e beer shall be sold or served to any intoxicated person or
preparing and serving lunches or meals to the public to be consumed on the premises.
to any person under 19 years of age.
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Section 11 -102.. LICENSE REQUIRES. Subdivision 4. No minor under 19 shall be permitted to sell or serve beer
Subdivision 1. No person, except wholesalers and manufacturers to the in any "on-sale" establishment.
t extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or
'••yeep or offer for sale, any beer within the City without first having received a Subdivision 5• No gambling or any gambling device shall be permitted on
license as hereinafter provided. This section shall not prohibit the giving or any licensed premises.
ru home or in a private gathering.
serving thereof to guests in a p. va to F Ee �R Licenses Subdivision 6. No manufacturer or wholesaler of beer shall have any
,ee shall be of three kinds: (1) Retail "on- sale (2). Retail "off-sale"; (3) Retail ownership of or interest in an establishment licensed to sell at retail contrary to
v •r ^temporary on- Bale the provisions of P",.S.A. 340.02• No retail licensee and manufacturer or wholesaler
Subdivision 2. "0n -sale" licenses maybe granted only to bona fide clubs,
of beer shall be parties to any exclusive purchase contract. No retail licensee
.:shall receive any benefits contrary to law fsoma.manaufacturer. or wholesaler of
a y ,..bowling establishments, restaurants and hotels where food is prepared and served 'beer and no such manufacturer or wholesaler shall confer any benefits contrary to
for consumption on the premises. On -sale" licenses shall permit the sale of beer
for consumption on the premises only.
saw upon a retail licensee.
Subdivision 3. "Off-sale" licenses shall permit the sale of beer at Subdivision 7. Nq licensee shall sell beer while holding or exhibiting in
retail, in the original package, for consumption off the premises only. '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 4• "Temporary on-sale" licenses may be granted to clubs,
charitable, religious, or nonprofit organizations only. "Temporary on- sale Subdivision 8. No licensee who is not also licensed to sell intoxicating
,licensee shall be subject to any special terms and conditions as the City Council may 'liquor shall sell or permit the consumption or display of intoxicating liquors on
e iprescribe. .!,The licensed premises or serve any liquids for the purpose of mixing with
intoxicating liquor. The presence of intoxicating liquors on the premises of each
Section 11 -103. APPLICATIONS FOR LICENSE. *`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
Subdivisiod4. Every application fora license to sell beer shall be made 'intoxicating liquors shall be prima facie evidence that intoxicating liquor is
on a form supplied by the City,. It shall be:unlawful to make any false statement in r:' being permitted to be consumed or displayed contrary to this ordinance.
an application. Applications shall be filed with the City Clerk..
Subdivision 9. Any peace officer shall have the unqualified right to
Subdivision 2. Every application shall be referred to the Chief of Police .'enter, inspect and search the premises of a licensee during business hours without a
for a review as to whether the applicant meets the requirements of the ordinance as search and seizure warrant and may in the absence of a license to sell intoxicating
tp moral character and past offenses, if any.. v, liquor_seize all intoxicating liquors found on the licensed premises.
r Subdivisions Every "on-sale" application shall be referred to the Subdivision lO•. Every licensee shall be responsible for the conduct of his
Director of Planning and Inspection for a review as to whether the proposed licensed place of business and shall maintain conditions of sobriety and order. The act of
,:jpremisee meets the requirements of the Zoning Ordinance and Building Code. ',arty 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,
section 1.1 -104• LICENSE. EYES.. t,', ,penaltiea provided by this ordinance equally with the employee.'
Subdivision 1. Each application for a license shall be accompanied by a. Section 11 -109.. CLOSING HOURS.
u receipt from the City Clerk for payment in full of the required fee for the license. c
9111 fees shall be paid into the general fund of the municipality. Upon rejection of Subdivision 1. No sale of beer shall be made on any Sunday between the
any application for a license, the City shall refund the amount paid. 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
.Subdivision 2. "On- sale" and "off- sale" licenses shell expire on the last made between the hours of 1 :00 a.m. and 8:00 a.m. on any other day.
day of December in each year. Each such license shall be issued for a period of one
se year has elapsed when the application
r ar ,exceptthatifaportionoYthelicen ye ps PP Subdivision 2. It shall be unlawful to consume or permit the consumption
made, a license maybe issued for the remainder of the year for a pro rata fee. In a of beer in any "on -sale" establishment on any Sunday between the hours of 1:00 a.m.
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computing such fee, any unexpired fraction of a month shell be counted as one month. and 12:00 noon, and between the hours of .1:00 a.m. and 8:00 p.m. on any election day
a`` involving contests for State or Federal offices. It shall be unlawful to consume or
P Subdivision 3• The annual fee for an "on -sale" license, and "off -sale" permit the consumption of beer in any "on -sale" establishment between the hours of
by w i v ;,14cense and the daily fee for a "temporary on- sale" license shall be as set forth in 1:00 a.m. and 8:00 a.m. on any other. day.
Section .23 -010of the City Ordinances.
Section 11-110. CLUBS. No club possessing an "on- sale" license shall
u, a Subdivision 4. No part of the fee paid for any license issued under this sell beer to anyone other than members and guests in the company of members.
``ordinance shall be refunded except in the following instances upon application to
.`'a- k Council within 30 days from the happening :of the event. The Council may in its Section 11 -111 RESTRICTIONS ON PURCHASE AND CONSUMPTION.
;re. ,judgment refund a pro rate. portion of the fee for the unexpired period of the
u license, computed on a moot basis, when operation of the licensed business ceases
pu monthly pa Subdivision 1. No minor shall misrepresent his age for the purpose of
less than one month before expiration of the license because of: obtaining beer.
1. destruction or damage of the licensed premises by fire or Subdivision 2. No person shall induce a minor to purchase or procure beer.
other catastrophe.
rsw 2. the licensee's illness. Subdivision 3. No person other than the parent or legal guardian shall
3. the licensee's death. procure beer for any minor.
4. a change in the legal status of the municipality making it
unlawful for a licensed business to continue. Subdivision 4. No minor shall have beer in his possession with the intent
Section 19 -105. GRANTING OF LICENSE. to corsume it at a place other then the household of his Parent or guardian.
Possession of such nonintoxicating malt ligpr at a place other than the household
Slubdivision 1 The City Council shall investigate all facts set out in the r of his parent or guardian shall be prima facie evidence of intent to consume at a
ap rtuni shall given to person to be heard for or
a EFl Oppo rtunity gi ar1Y Pa against place other than the household of his parent or guardian.
the granting of the license.: After such investigation and hearing the City Council a
A, �.Piall grantor refuse -the application in its discretion. Subdivision 5• No person shall consume or display any intoxicating liquor
the premises of a licensee who is not also licensed to sell intoxicating liquors.
Section 11- 112.RF90CATION. The violation of provision or condition of out at length herein.
this ordinance oyya e r licensee or his agent shall be grounds for revocation or Section 11 -303• LIQUOR ON SCHOOL GROUNDS. Unless possessing a
suspension of the license. The license of any person who holds a federal retail "temporary on -sale" license, no person shall introduce upon, or have in his
liquor dealer's special tax stamp without a license to sell intoxicating liquors at possession upon, or in, any school grounds, or any schoolhouse or school building.,
such place shall be revoked without notice and without hearing. In all other cases any spirituous or malt liquors, except for experiments in laboratories.
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 Section l l 304 PENALTY. Any person convicted of violating Section 11-
least eight days' notice of the time and place of the hearing and shall: state the 301, 11 -sue, or 17- 37 be punishable by a fine of not more than five hundred
nature of the charges against the licensee. The Council may suspend any license dollars ($500) and by imprisonment not to exceed ninety (90).days.
pending a hearing on .revocation or suspension.
Section 11 -113• SEPARAF,ILI17.. Every section., provision or part of this CONSUMPTION AND DISPLAY .OF INTOXICATING LIQUOR
ordinance is declared separable from every other section, provision or part; and if Section 11 -401. PERMIT REQUIRED. It shall be unlawful for any private
any section, provision or part of any ordinance shall be held invalid, it shall not club or.p uB c place,. -rectly or indirectly or upon any pretense or by any device to
affect any other motion, provision or part thereof. 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
Section 11 -114• SUPREMACY CLAUSE. the supremacy clause found in Section
23 -013 snali no a'—Y. to Sections 11 -101. through 11 -116. permit from the. Liquor Control Commissioner and paying the annual fee as provided in
this ordinance.
Section 11 -115• PENALTY. Any person violating any provision of this Section 11 -402. FEE IMPOSED... Every private club or public place desiring
ordinance
=upon S�upon conviction thereof be punished by a fine of not more than Yive to allowTie co ion or display of intoxicating liquor shall on or before July 1
hundred dollars ($500) and by imprisonment not to exceed ninety n t) or e than the of each year pay to the City Treasurer a fee of $300 and shall be issued a written
costs of prosecution in either rise. receipt therefor. If portion of the year has elapsed when payment is made, a pro
rata Yee shall be paid; but no such pro rata fee shall be accepted from any private
Section 11 -116. REPEAL OF PRIOR ORDINANCE. Section 1t -101 through 11- club or public place which has violated. Section 11- 401oYthis ordinance. In
121 inclusive of TFe ordinances of the City of Brooklyn Center are hereby repealed, computing such fee, any unexpired fraction of a month shall be counted as one month.
and the foregoing sections shall be inserted in accordance with the section numbers The written receipt shall be posted in some conspicuous place upon the premises
as designated herein. alongside the permit issued by the Liquor Control Commissioner and shall be kept
posted at all times.
.OFF -SALE LIQUOR DISPENSARY
Section 11- 403• PREMISES OPEN FOR INSPDCTION. Any private club or public
Section 11 -201. DISPENSARY ESTABLISHED. A. municipal liquor dispensary place allowing tine consumption or display of intoxicating liquor shall be open at
is hereby e�MrsK9Mo be operated within this municipality for the sale of liquor all reasonable hours for inspection by the Liquor Control Commissioner, his
potable as abeverage containing more than 3.29Eofalcohol by weight in the sealed or designated agents, and duly authorized peace officers of the City. Refusal to
.closed receptacle or retainer for removal from the premises. No person shall sell, permit such inspections shall be a violation of this ordinance.
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. I* Section 11 -404. FXCLUSION. This ordinance does not apply to any premises
shall be unlawful for any person or persons to mix or prepare liquor for consumption licensedfo s a of intoxicating liquor.
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 -405. PENALTY. Any person violating any provision of this
ordinance is guilty oi a misdemeanor and shall be punished by a fine of not more than
Section 11 -202. LOCATION APED OPERATION. The said dispensary shall beat five hundred dollars ($500) and by imprisonment not to exceed. ninety (90) days.
such place as 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 LICENSING AND REGULATING THE USE AND SALE OF INTOAICATING LIQUOR
shall aleobe selected by the City Council and who shall be paid such compensation as
the council shall determine. Said operator shall have full charge of the operation Section 11-501. DEFINITION OF TEAMS.
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 i The term "intoxicating liquor" shall mean and include ethyl alcohol and
approved by the council and under rules to be determined by the council. All include distilled, fermented, spiritous, vinous, and malt beverages
employees including operator shall hold their positions at the pleasure of the containing in excess of 3.2% of alcohol by weight.
council. No minor person shall be employed in the municipal dispensary.., 2. The terms "sale" and "sell" mean and include all barters and all manners
Section 11 -203. DISPENSARY FUND CREATED. A liquor dispensary fund is. or means of furnishing intoxicating liquor or liquors as above
hereby crea=1n o is all revenues received from the operation of the dispensary described in violation or evasion of law.
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 3• The term "off sale" means the sale of intoxicating liquor in the
the municipality, but such amounts shall be reimbursed to the said general fund out original package in retail stores for consumption off or away from the
of the first moneys coming into the liquor dispensary fund needed for carrying on the premises where sold.
said business ..Anysurplusaccumulatinp in this fund may transferred to the
general fund by resolution of the council and expended for any municipal purpose. 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.
Section 11 -204. HOURS OFOPERAT'ION. The municipal dispensary shall at
all times o5serve. is ooSlowing restrictions on the hours of operation: No sale of 5• The term "wholesale" means and includes any sale for purposes of
intoxicating liquor shall be made on Sunday nor before 5:00 p.m. on any election day resale. The term "wholesaler" means any person engaged in the
involving contests for State or Federal offices. No off -sale shall be made befc» business of selling intoxicating .liquor to retail dealers.
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; 6. The term "manufacturer" includes every person who, by any of
Memorial. Day May 30; Independence. Day, July 4; Thanksgiving Day; Christmas LAY, manufacture, fermenting, brewing, distilling, tefining, rectifying,
December 25; but on the evenings preceding such days, off-sales may be made until blending, or by the combination of different materials, prepares or
10:00 p.m., except that no off. -sale shall be made on December 24 after B:OO p.m. All produces intoxicating liquors for sale...
sales shall be made in full view of the public.
Section 11 -205. CONDITIONS OF OPERATION AND RESTRICTION 7. As used in this ordinance the term "person" includes a natural person of
CONSI,'MFTIOP7, 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
A.. No pool or billiard table shall be kept in the dispensary or any rooms neuter.
connecting therewith; nor shall anyone on such premises keep, possess
or operate on such premises or in eny rooms adjoining or connected 8. The terms "package" or "original package" mean any corked or sealed
therewith any slot machine, dice or any other gambling device or permit container or receptacle holding intoxicating liquor.
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 9• The term "hotel" means and includes any establishment having a resident
disorderly person be permitted on such premises. proprietor or manager, where, in consideration of payment therefor,
P. No other business than the sale of liquors shall be carried on by the food and lodging are regularly furnished to transients, which
bed a for the use of its guests not less than fur guest rooms with
dispensary, except the retail off -sale of beer, a malt beverage, or by
bedding, and other usual, suitable and necessary furnishings in each
any person employed therein during the time so employed. room, which is provided at the main entrance with a suitable lobby,
C. No liquor shall be sold to a person who is in an intoxicated condition. desk, and office for the registration of its guests on the ground floor,
which employs an adequate staff to provide suitable and usual service,.
D. No liquor shall be sold to a minor. 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
E. The premises occupied by the dispensary shall be duly inspected by the with appropriate facilities for seating not less than 100 guests at one
health officer of the City at least once a month and as many other times time, where the general public are, in consideration of payment
as he deems necessary to see that said premises are in asanitary therefor, served with meals at tables.
condition,
10. The term "restaurant" means any establishment, other than hotel, under
F. No person shall be permitted to loaf or loiter about the dispensary the control of a single proprietor or manager, having appropriate
habitually. facilities to serve meals and for seating not less than 150 guests at
one time, and where in consideration of payment therefor, meals are
Section 11 -206. NOT TO AFFECT NONINTOXICATING MALT LIQUOR LICENSES. No regularly served at tables to the general public, and which employs an
provision iFereof 81 affect the ordinance licensing and regulating the sale of adequate staff to provide the usual and suitable service to its guests,
nonintoxicating malt liquor adopted pursuant to Chapter 116, Laws of Minnesota, and the principal part of the business of which is the serving of foods.
1933, Sections 11 -101 through 11 122, or any license granted .thereunder.. 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
Section 11 -207. ENFORCEMENT AND PENALTY, It shall be the duty of all definition applicable as stated.-
police oxxicers and constables of the municipality to enforce the provisions of this
ordinance and to search promises and seize evidence of law violation and preserve 11. The term "club" means and includes any corporation duly organized under
the same as evidence against any person alleged to be violating this ordinance, and the laws of the State for civic, fraternal, social or business purpose
to prepare the necessary processes and papers therefor. or for intellectual improvement or for the promotion of sports which
has been in existence for more than 15 years, and any congressionally
Any person violating any provision of this ordinance shall be guilty of a chartered veterans' organization which has been in existence for more
misdemeanor, and upon: conviction thereof shall be punishable by a fine of not more than 10 years prior to January 1, 1961, which shall have more than fifty
thsnfivehundred dollars ($500) and by imprisonment not to exceed ninety (90) days, members, and which shall, for more than a year have owned, hired, or
plus the costs of prosecution in any case. leased a building or space in a building of such extent and character as
may be suitable and adequate for the reasonable and comfortable
PURCHASE,. POSSESSION._ AND CONSUMPTION OF PID2 AND LIQUOR BY MINORS accommodation of its members and whose affairs and management are
conducted by a board of directors, executive committee, or other
section 11- 301. MINORS- LIQUOR. Section 340.731 of the Minnesota similar body chosen by the members at a meeting held for that purpose,
statutes 'rs Fereby aToYMd by reference and shall have the same force and effect ae none of whose members,: officers, agents or employees are paid directly
.:though set out at length herein. 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
Section 13 -302.
14INOR, -REEK. Section 340.035 of the Minnesota Statut the amount bf such reasonable salary or wages as may be fixed and voted
is hereby ae� ehasame ll have the s force and effect as though set each year E by. the directors or other governing body.
12. The term "wine" means a vinous beverage containing not more than 14
percent alcohol by volume. applicant in Subsection .3 above.
13• The term "on -sale wine" means the sale of wine for consumption on the 6. If the application is for an "on -sale club" license, the following
premises only. information:
Section 11 -502. LICENSF. REQUIRED.
a. The name of the club.
1. No person except wholesalers or manufacturers to the extent authorized b. Date that club was first incorporated. .True copies of the
under State license, and except the municipal liquor dispensary, shall Articles of Incorporation, Bylaws and the names and street
directly or indirectly deal in, sell, or keep for sale, any intoxicating addresses of all officers, executive committee and board of
liquor without first having received a license to do so as provided in directors shall be submitted..
this ordinance. Licenses shall be of three kind: "On Sale Liquor
"On-Sale Club ",and "On -Sale Wine c. A sworn statement that the club has been in existence for more
2. "On Sale Liquor" licenses shall be issued only to hotels and than fifteen years or, in the event that the applicant is a
restaurants. '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
3. "On -Sale Club" licenses shall be issued only to clubs. stated therein. In the event that no person can make such e.
4. "On -Sale Wine" licenses shall be granted only to restaurants and only statement, satisfactory documentary proof ray be submitted in
support of such facts.
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. d. The number of members.
Section 1.1 -503• A'U1 OF LICENSIS ISSUED. The number of private "on e. The name of the manager, proprietor or other person who shall be in
sale 11quo�Ticenses issued by the City of Brooklyn Center shall conform to charge of the licensed premises together with the same information
provisions of Minnesota Statutes, Section 340. concerning such person as et required of a single applicant for an
p 3 i nnesota. as amended e n the Session "on -sale" license as de set forth in Subsection 3 above.
1974, Chapter 268 (Senate File 919) State of Mi. .'he w:ber of "on-sale
wine" licenses shall be unlimited.
..7• The exact legal description of the premises to be licensed together
Section 11 -504• APPLICATIONS FOR LICIT'SE. Every application for a with a plot plan of the area showing dimensions and location of
license to sell inTo liquor shall be verified and filed with the City Clerk. buildings.
In addition to the information which may be required by the State Liquor Control S. An applicant for an "on -sale liquor" or an "on -sale wine" license shall
Commissioner's form, the application shall contain the following: submit a floor plan of the dining room, or dining rooms, which shall be
1. Whether the applicant is a natural person, corporation, partnership or open to the public, shall show dimensions and stall indicate the number
other form of organization.
of persons intended to be served in each of said rotes.
9. If a permit from the Federal government is required by the laws of the
2, Type. of license applicant seeks. United States, indicate whether or not such permit has been issued, and
3• IP the applicant is a natural person, the following if so, required in what name issued and the nature of the permit.
information: 10. The amount of the investment that the applicant has in the business,
a. True name, place and date of birth, and street resident address of building, premises, fixtures, furniture, stock in trade, etc., and
applicant. proof of the source of such money...
11. The names and addresses of all persons, other than the applicant, who
b. Whether applicant has ever used or been known by a name other than have any financial interest in the business, buildings, premises,
his true name and, if so, what was such name, or names, and fixtures, furniture, stock in trade; the nature of such interest,
information concerning dates and places where used. amount thereof, terms for payment or other .reimbursement. This shall
include, but not be limited to any lessees., lessors, mortgagees,
c. The name of the business if it is to be conducted under a mortgagors, lendors, lien holders, trustees, trustors, and persona who
designation, name or style other than the full individual name of have cosigned notes or otherwise loaned, pledged, or extended security
the applicant; in such case a copy of the certification, as for any indebtedness of the applicant, but shall not include persons.
required by Chapter 333, Minnesota Statutes, certified by the owning or controlling less, than a 5% interest in the business, if a
Clerk of the District Court, shall be attached to the application. corporation.
d. Whether applicant is married or single. If married, true name,. 12. The names, residences and business addresses of three persons,
place and date of birth and street residence address of applicant's residents of the State of Minnesota, of good moral' character, not
present spouse. related to the applicant or financially interested in the premises or
e. Whether applicant and present spouse are registered voters and if business, who may be referred to as to the applicant's character or, in
so, where. the case where information is required of manager, the manager's
character.
f. .Street address at which applicant and present spouse have lived 13. Whether or not all real estate and personal property taxes for the
during the preceding ten years. premises to be licensed which are due and payable have been paid, and if
the years amounts which are unpaid.
g. Kind, home and location of every business or occupation applicant not paid,
or present spouse have been engaged in during the preceding ten 14. Whenever the application for an "on -sale liquor" or an "or -sale wine"
years' license or for a transfer thereof is for premises either planned or
h. Names and addresses of applicant's and spouse's employers and under construction or undergoing substantial- alteration, the
partners, if any, for the preceding ten years. application shall be accompanied by a set of preliminary plans showing,
the design of the proposed premises to be licensed. If the plans or
i. Whether applicant or his spouse, or a parent, brother, sister or design are on file with the Building Department, no plans need be filed
child of either of them, has ever been convicted of any felony, with the City Clerk.
crime or violation of any ordinance, other than traffic. IY so, the
applicant shall furnish information as to the time, place and 15. Such other information as the City Council shall require.
offense for which convictions were had. Section 11 -505. RENEWAL APPLICATIONS. Applications for the renewal of
J. Whether applicant or his spouse, or a parent, brother, sister or an existing Sicense MM be made at least 60 days prior to the date of the expiration
child of either of them has ever been engaged as an employee or in of the license. If, in the jud of the City Council, good and sufficient cause
operating a saloon, hotel, restaurant, cafe, tavern or other is shown by an applicant for his failure to file for a renewal within the time
business of a similar nature. If so, applicant shall furnish provided, the City Council may, if the other provisions of this ordinance are
information as to the time, place and length of time. complied with, grant the application.
k. Whether applicant has ever been in military service. If so, At the earliest practicable time after application is made for a renewal of
applicant shall upon request, exhibit all discharges. 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
1. The name, address and business address of each person who is with the City Clerk a statement prepared by a certified public accountant that shows
engaged in Minnesota in the business of selling, manufacturing or the total gross sales and the total food sales of the restaurant for the twelve month
distributing intoxicating liquor and who is nearer of kin to the period immediately preceding the date for filing renewal applications. A foreign
.applicant or his spouse than second cousin, whether of the whole or corporation shall file ,a current Certificate of Authority.
half blood, computed by the rules of civil law, or who is a brother-
in-law or sister- in-law of the applicant or his spouse. Section 11 -506. EXECUTIOfi OF APPLICATION. I£ the application is by a
natural person, it 9NITbe signed and sworn to by such person; if by a. corporation,
4. If the applicant is a partnership, the name and address of all partners by an officer thereof; if by a partnership, by one of the partners; if by an
and all information concerning each partner as is required of a single unincorporated association, by the manager or managing officer thereof. If the
applicant in Subsection 3 above. A managing partner, or partners, applicant is a partnership, the application, license and bond (or insurance policy)
shall be designated. The interest of each partner in the business shall be made and issued in the name of all partners.
shall be disclosed. A true copy of the partnership a, ..-:.:.t shell be
submitted with the application &M if the partnership is required to Section 11 -507. LICENSE.
file a certificate as to a trade name under the provisions of Chapter 1. The annual license fee for "on -sale liquor" or an "on -sale wine
333, Minnesota Statutes, a copy of such certificate certified the license shall be in an amount as set forth n Section 23-010 of the City
Clerk of District Court shah be attached to the application.
Ordinances. The annual license Yee for an "on sale club" license e
5• If the applicant is a corporation or other organization and is applying shall be $100.
for an "on -sale liquor" or an "on -vale wine" license the following: 2,- The initial license fee shall be paid in full before the application for
a. Nam, and if incorporated, the state of a license is accepted. Renewal license fees shall be paid in full by
incorporation.. 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
b. A true copy of Certificate of Incorporation, Articles of of December of each year. .Upon rejection of any application for a
Incorporation or Association Agreement and Bylaws and if aforeign license, or upon withdrawal of application before approval of the
corporation, a Certificate of Authority as described in Chapter issuance by the City Council, the license fee shell be refunded to the
303, Minnesota Statutes. applicant.
c. The name of the manager or proprietor or other agent in charge of 3, The fee for an "oh -sale liquor," "on--sale club" or an "on -sale wine"
the premises to be licensed, giving all the information about said licensee. granted after the commencement: of the license year shall be
person as is required of a single applicant in Subsection above. prorated on a daily basis.
d. Notwithstanding the definition of interest as given in Section 4. When the license is for a premises where the building is not ready for
11 -509 Subdivision 10, the application shall contain a list of all
persons, who, singly or together with their spouw, 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
occupancy, the time fixed for computation of the license fee for the Section 11 -510. PLACES INEIIGIBLE FOR LICENSE.
initial license period shall be as follows:. 1. No license shall beganted,,or renewed, or operation on any
If the building construction commences within 120 days after issuing premises, on which taxes, assessments or other financial claims of the
the license, the fee shall commence one year after issuance of the City or of the State are due, delinquent or unpaid. In the event an
license by the City Council or upon the date the building is ready for action has been commenced pursuant to the provisions of Chapter 278
occupancy, whichever is sooner. Minnesota Statutes questioning the amount or validity of taxes, the
Council may, on application by the licensee, waive strict compliance
permitted from place to place or
5•
No transfer of a license shall be with this provision; no waiver maybe granted, however, for taxes or any person person without complying with the requirements of an original portion thereof, which remain unpaid for a period exceeding one year
after becoming due
application except as' provided by Subdivision 9of. this Section.
6. No part of the fee paid for any license issued under this ordinance 2• No license shall be issued for the premises owned by a person to whom
shall be refunded except in the following instances upon application to .license may not be granted under this ordinance, except any owner who ib
the Council within 30 days from the happening of the event. The a minor, alien, or a person who has been convicted of a crime other than
Council may in its judgment refund a pro rats portion of the fee for the a violation of Minnesota Statutes, Sections 340.07 through 340-39.
unexpired period of the license, computed on a monthly basis, when 3• No "on -sale liquor" license shall be granted for a restaurant that does
operation of the licensed business ceases not less than one month not have a dining area, open to the general public, with a total minimum
before expiration- to the license because of: 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
a. destruction or damage of the licensed premises by fire or other 1200 square feet.
catastrophe.
4. No license shall be granted for any place which has a common entrance or
'b. the licensee's illness. exit between any two establishments except that a public concourse or
public lobby shall not be construed as a common entrance or exit..
c. the licensee's death.
Section 11 -511. CONDITIONS OF LICENSE.
d. a change in the legal status of the municipality making it unlawful
for a licensed business to continue. I. Every license shall be granted subject to the conditions of the
following subdivisions and all other subdivisions of this ordinance
7. At the time of each original application for a license, except in the and ofany otherapplicable ordinance of the City or State law..
case of an "on -sale club" license, the applicant shall pay in full an
investigating fee. For a single natural person, the investigating fee 2• The license shall be posted in a conspicuous .place in the licensed
shall be $75• For a partnership the investigating fee shall be $750.
establishment at all times.
For a corporation or other association, the investigating fee shall be 3. Any police officer, building inspector, or any employee so designated
$3C0• No investigating. fee shall be refunded. by the City Manager shall have the unqualified right to enter, inspect,
8. At any time that an additional investigation i8 required because of a and search the premises of the licensee during business hours without a
change in the ownership or control of a corporation or because of an warrant.
enlargement, alteration, or extension of premises previously 4. Every licensee shall be responsible for the conduct of his place of
licensed, the licensee 'shall pay an additional investigation Yee in the business and the conditions of sobriety and order in the place of
amount of $50.
business and on the premises.
9. Where a new application is filed as a result of incorporation by an
e 5• No "on -sale liquor" or "on -sale wine "licenseasha11 sell intoxicating
existing licensee and the ownership control and interest in the license
are unchanged, no additional license fee will be required. liquor "off- sale
Section 11- 508. INVESTIGATION OF APPLICATIONS. 6• No license shall be effective beyond the space named in the license for
which it was granted.
1. All applications for a license shall be referred to the Chief of Police, 7. No intoxicating liquor shall be sold or furnished or delivered to any
and to such other City departments as the City Manager shall deem intoxicated person, to any habitual drunkard, to any person under 19
necessary for verification and investigation of the facts set forth in years of age, or to any person to whom sale is prohibited by State law.
the application. The Chief of Police shall cause to be made such
investigation of the information requested in Section 11 -504, 8. No person under 19 years of age shall be employed in any rooms
Subdivision 3, as shall be necessary and shall make a written constituting the place in which "on -sale liquor" is sold at retail
recommendation and report to the City Council. The City Council may except that persons under 19 years of age may be employed to perform the
order and conduct such additional investigation as it shall deem duties of a busboy or dishwashing services in places defined as a
necessary. restaurant or hotel or motel serving food in rooms in which "on -sale
Section 11- 509. PERSONS INELIGIBLE PCR LICENSE. No license shall be liquor" is sold at retail. Serving of any "on-.sale wine" must be done
granted to or a d any person: by persons 19 years of age or- older.
1. Under 19 years of age. 9• No equipment or fixture in any licensed. place Shall be owned in whole c
in part by any manufacturer or distiller of intoxicating liquor except
2. Who is not of good moral character. such as shall be expressly permitted by State law.
3. Who, if an _individual, is an alien. 10. No licensee shall sell, offer for sale, or keep for sale, intoxicating
liquors from any original package which has been refilled or partly
4. Who has been convicted within 15 years prior to the application for such refilled.. No licensee shall directly or through any other person
license of any wil violation of any law of the United States, the delete or in any manner tamper with the contents of any original package
State of Minnesota, or any other state or territory, or of any local so as to change its composition or alcoholic content while in the
ordinance regarding the manufacture, sale, distribution or possession original package. Possession on the premises by the licensee of any
for sale or distribution of intoxicating liquor, or whose liquor intoxicating liquor in the original package differing in composition
license has been revoked for any willful violation of any law or or alcoholic content in the liquor when received from the manufacturer
ordinance. or wholesaler from whom it was purchased, shall be prima facie evidence
that the contents of the original package have been diluted, changed or
5. Who is a manufacturer or wholesaler of intoxicating liquor and no tampered with.
manufacturer or wholesaler shall either directly or indirectly own or ,11. No licensee shall apply. for or possess a Federal Wholesale Liquor
control or have any financial interest in any retail business selling
intoxicating liquor. Dealer's special tax stamp or Federal gambling stamp.
6. Who is directly or indirectly interested in any other establishment in 12. No licensee shall keep ethyl alcohol or neutral' spirits on his licensed
the City of Brooklyn Center to which an "on -sale liquor" or an "on -sale premises or permit their use on the premises as a beverage or mixed with
wine" license has been issued under this ordinance. a beverage.
7. Who, if a corporation, does not have a manager who is eligible 13. The business records of the licensee, including Federal and State tax
pursuant to the provisions of this section. returns, shall be available for inspection by the City Fanager, or
8. Who is the spouse of a person ineligible for a license pursuant to the other duly authorized representative of the City at all reasonable
provisions of Subd, 4, 5, or 6 of this section or who, in the judgment of times.
the City Council; is not the real party in interest or beneficial owner 14 Changes in the corporate or association officers, corporate charter,
of the business operated, or to be operated, under the license. articles of incorporation, bylaws or partnership agreement, as the
q.. An "or-sale liquor" or an "on -sale wine" license will not be renewed if, case may be, shall be submitted to the City Clerk within 30 days after
in the case of an individual, the licensee is not a resident of the Twin such changes are made l In the case of a corporation, the licensee
Cities metropolitan area at the time of the date for renewal; if, in the shall notify the City Clerk when a person not listed in the application
partner is not a resident of the acquires an tenor child, together with that of i his all spouse, parent,
case of .a partnership, the managing brother, .sisteror child,. exceeds 5%, and shall give all information
Twin Cities metropolitan area at the time of the renewal; or in the case about said person as is required of a person pursuant to the provisions
of a corporation, if the manager is not a resident of the Twin Cities of Section 11 -504, Subdivision 3, of this ordinance.
metropolitan area. at the time of the date of renewal.: The TWIN CITIES
METROPOLITAN AREA is defined as being comprised of the, counties of 15. At the time alicensee submits his application for renewal 'of a license,
Anoka ms
Carver, Dakota, Hennepin, Ramey, Scott and Washington. he shall state the nature and amount of any contribution he has made in
10. No person shall owner interest in more than one establishment or the preceding five years for state and local campaign or political
business within Brooklyn.Center for which an "on-sale liquor" or an purposes, the person to whom the contribution was made and the person or
"on -sale vine license has been granted. The term "interest" as used organization for venom intended.
in this section includes any pecuniary interest in the ownership, 16. A licensed restaurant shall be conducted in such manner that the
operation, management or profits of retail liquor establishment, but principal part of the business for a license year is the serving of
does not include bona fide loans; bona fide fixed arm rents] foods. .A hotel shall be conducted in such a manner that, of that part
a� __-_..s; bona fide open accounts or other obligations held with c
without security arising out of the ordinary and regular course o. of the total business attributable to or derived from the serving of
business of Selling or leasing merchandise, fixtures or supplies to foods and intoxicating liquors, the principal part of the business fe-
such establishment; or an interest of 10 percent or less in any -a license year is the serving of foods.
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 17• No licensee shall keep, possess, or operate permit the keeping,
fide consideration therefor and excluding bona fide gifts ort possession, or es, operation and be he f a shall not lot ling device or apparatus i the
donations,'shalI be deemed to have a pecuniary interest in such retail licensed premises, permit any gambling therein.
license. In determining "bona fide" the reasonable value of the goods 18. No licensee shall. knowingly permit the licensed premises or any room in
or things received as consideration for any payment by the licensee and those promises or any adjoining building directly or indirectly under
all other facts reasonably tending to prove or disprove the existence
Of any purposeful scheme or arrangement to evade the prohibitions of
his control to be used as a resort for prostitutes.
this section shall be considered.
(Continued on Next Page)
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
(Continued from Page 5) 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
Section 11 -512. HOURS OF OPERATION. No intoxicating liquor shall be sold intoxicating liquor tense for the violation o£ any provision or condition of this
nor ,,,„.a..,.,.,,..nor permitted to be consumed within the licensed premise after 1:OC ordinance or of any State law or Federal law regulating the sale of intoxicating
a.m. on Sunday nor until 8:00 a.m. on Monday, nor between the hours of 1:00 a.m. and liquor, and shall revoke such license for any willful violation which, under the
3:00 p.m. on any Memorial laws of the State, is grounds for mandatory revocation, and shall revoke for failure
Day, nor between the hours of 1:00 a.m. and 8:00 p.m. on any to keep the insurance required by Section 11 -515 in full force and effect.
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 Except in the case of a suspension pending a hearing on revocation,
premise between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. ,.,..,,.,:story revocation or suspension by the Council shall be preceded by written
Section 11 -513• CLUBS. No club holding sun "on -sale club" license shall notice to the licensee and a public hearing. The notice shall give at least 10 days'
sell intoxuca. ng�. except to members and Dona fide guests. 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
Section 11 -514• RESTRICTIONS OF PURCHASE AND CONSUMPTION. pending a hearing on revocation for a period not exceeding 30 days. The notice may be
served upon the licensee personally or by leaving the same at the licensed premises
I. No pe rson under 14. of with the person in charge thereof. No suspension after public hearing shall exceed
Pe years age shell misrepresent his age for the 60 days.
purpose of obtaining intoxicating liquor nor shall he enter any
premises licensed for the retail sale of intoxicating liquor for the Section 11 -517• PENALTIES.. Any person violating any provision of this
purpose of purchasing or having served or delivered to him for ordinance�S oe guilty of a misdeanor, and upon conviction thereof, shall be
consuming any such intoxicating liquor, nor shall any such person punished by a fine of not more than five hundred dollars (M) and imprisonment for
purchase, attempt to purchase, consume, or have another person not more than 90 days.
purchase for him any intoxicating liquor.
person under i Section 11 -550• SUNDAY SALES AUTHORIZED. Notwithstanding the
2. No
9years of age shall receive delivery of intoxicating provisions of Section. 11 12 of the City Ordinances, establishments to which "on-
liquor. 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
3• No person shall induce a person under the age of 19 years to purchase or 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food.
procure or obtain intoxicating liquor. Wine may be sold without a special license under the authority of an "on -sale vine'!
license between the hours of 10:00 a.m. and 12:00 midnight in conjunction with the
4. Any person who may appear to the licensee, his employees or agents to be serving of food.
under the age of 19 years shall, upon demand of the licensee, hie
employee or agent, produce and permit to be examined a valid driver's Section 11 -551. LICENSE REQUIRED. No person shall directly or
license or identification card. indirectly sell or serve intoxicating liquors as authorized in Section 11 -550
5. In every prosecution for a violation of the without having first obtained a special liense from the City Council, except under
provisions of this the authority of an "on -sale wine" license. Application for such a special Sunday
ordinance relating to the sale or furnishing of intoxicating liquor to license shall be filed with the City Clerk.
persons under the see of 19 years, and in every proceeding before the
City Council with respect thereto the fact that the minor involved has Section 11 -552. LICF1;SE FEES. The annual license fee for a special "on-
obtained and presented to the licensee, his mplcyee'or agent, a sale liquor- Sunday license shall be in an amount as set forth in Section 23-010 of
verified identification from which it appears that said person was 19 the City Ordinances. The annual license fee shall be paid in full before the
Years of age and was regularly issued such identification card, shall application for a license is accepted. All licenses shall expire on the last day of'
be prime facie evidence that the licensee, his agent or employee is not December of each year. Upon rejection of any application for a license, or upon
guilty of a violation of such a provision mid shall be conclusive withdrawal of application before the approval of issuance by the City Council, the
evidence that a violation, if one has occurred,- was not willful or license fee shall be refunded to the applicant. The fee for a license granted after
intentional.
the commencement year shall be prorated on a monthly basis.]
6. Any person who may appear to the licensee, his employee or agent to be Section 2. Chapter 11 of the City Ordinances is amended by the addition of
under 19 years Of age and who does not have in his ,,,,.....ion any the following:
identification certificate as above descirbed, may sign and execute a
statement in writing as follows: NONINTOXICATIliG LIQUORS
READ CAREFULLY BEFORE SIGNING 'Section 11 -101. DEFINITION OF TE1MS.
The following are excerpts from the laws of the State of Minnesota, Section 340.731
Minnesota Statutes, Minors, Forbidden Adts or Statements: Subdivision 1. As used in this ordinance, the term "person" includes a
natural Prso�n, or either sex, a a corporeon or assoc Uon of
"It shall be unlawful for:. end. the agent or manager or employee any-}ie arores�d -Tae ai 'r
mum r inccuu�tl e,nl ura7 nd mas�ca ins pronoun incTudes�Fe dim n ne an
Any. person to misrepresent or misstate his or neuter.
her age, or the age of any other person for the Subdivision 2. "Beer" or "nonintoxirat1 malt li uore r means malt
purpose of inducing any licensee, or any
employee of any licensee, or any employee of any bevee r age, i an lcco�l ic conTe� o f more e nan on e- o on p_e cen£ vo
lume
municipal liquor store, to sell, serve or' a?�a not morean nee anent percent wee
deliver any alcoholic beverage to a minor;
A minor to have in hi Subdivision 3• "Inoe t o a ng means any distilled, fermented or
e pl any vinous beverage containing more than t �wwo-te�n ha per can o�Tco�iol Ty
intoxicating liquor with intent to o w sum consume same w e t,
at a place other than the household of his
parent or guardian." Subdivision 4• "Ore nal means the bottle or sealed container in
which the, liquor Is placed the manufacturer.
VIOLATION OF THE ABOVE MINNESOTA LAW 73 A
MISDEMEANOR PUNISHABLE BY A FINE OF $500 OR 90 DAY Subdivision 5• "Bona fide club" means a club organized for social or
IMPRISONMENT OR BOTH. bus i ness purposes or For inwe Iectual im..,�,.W.:..t, odor the promotion of s its
where the serving of beer is. incidentak io and note major a oT the c u
My age is Date. of Birth
Place of u�'rth Subdivision 6. "Restaurant" means a pl_acee of which the major business is
My Address is preparing and serving Sutrwes or meals o Fie TO be me on a premises.
Dated:.
Type of ldentif Section 11 102. LICENSE REQUIRED.
Witness
Signed Subdivision 1. No rson� .except wholesalers and manufacturers to the
The above foam shall be furnished at the expe f all licensees desiring extent authorized by law, ahalldeal nn oor dispose or by FIM, sale or ot� use, or
nB to use the �els er or oi we
rer for sale aer wi$Fiin e i w TI
1:Wou ifeTliiaving receive
same and when properly executed may be considered as evidence in any prosecution and lease Hereinafter provi�� •this sew on s a no `roTiibit the ivi or
by the City Council in any proceeding before the Council or a committee thereof eervi tFier is in a private home, or inaprivate,e erina. pas
relating to the busines or operations of the licensee. Such forms after execution 9 (a or three kinds: M Detail "on=s Ter 7Tf etail "ofr- sale"T,' Retail
shall be kept on file by the licensee for a period of one year. t— empoeary sale
7. No person shall give, sell, procure or purchase intoxicating liquor to Subdivision 2. "On- sale" licenses m be granted oru to bona fide clubs
or foorany person to whom the Bale of intoxicating liquor is forbidden Dowling es a s end restaurants an o£e a where r000 is ra red and se;;
law. ror c6fi6OFtion on i e premises. -Ui a licenses shall pe rmit
remises only. saTo er
8. No intoxicating liquor shall be consumed on epublic highway or in en 1.o c&iam�30n on Fe premises
automobile. Subdivision 3• "Off -sale" licenses shall eerrmit the sale of beer at
retail. TRtne orlairM p8dkage for consumption o ?f1e pre o�
Section 11 -515. LIABILITY INSURANCE.
Subdivision 4• "Temgorary on -sale" licenses may be (ranted to clubs,
t
1. Insurance Required. At the time of filing an application for either an charitable, reli pus or nonprof oraanizatuona only. -WTe r on -sale"
on -sale liquor 'on -sale club" or an "on -sale wine" license, the licenses subject w spec a1 Termsana conkil:i'on sasoncil
applicant shall file with the. City Clerk a liability insurance policy prescribe,
which shall be subject to the approval of the City Council. The
insurer on such liability insurance policy shall be duly licensed to do Section 11 -103. APPLICATIONS FOR LICENSE.
business in the State of Minnesota, and the insurance policy shall be
approved as to form and execution by the City Attorney. Such liability Subdivision 1 Every a lioatuon for a license to sell beer shall be made
insurance policy shall be in the amount of not lesa. than $10,000 on a form supp a -he e�aw�uT to mere any MNe s
coverage for one person and $20,000 coverage for more than one person, an a�� cation. implications shall be filed with a (iievof Police.
and shall specifically provide for the payment by the insurance company
on behalf of the insured of all sums which the insured shall became
obliged to pay by reason of liability imposed upon him by law for Subdivision 2. Every apPlication shall be referred to the Chief of Police
injuries or d to s. s-- other than employees, including the for a. review as to�Fuw' enter tTia a -s tl'ie r uiremenfs oTt a or name as
liability imposed upon the insured by reason of Section l;o moraalTiarmTir an�p g
eamof enses it An n_v_es aa ion o� �_e
Minnesota Statutes. Such liability insurance policy shall further ac sac a i ion r eei i'ovever. thak such Portion oY'�Fe ac T I. S
provide that no cancellation for any cause can be made either by the o c invee iasi on whicn exe but not 'to exceed c snail n
be pain tr
insured or the insurance company without first giving 10 days notice a _ken 'rne C i>�o e a east ima the ae c oYTv�esb_i t1on
to the City in writing of intention to camel the same, addressed to the rprelim�naryi'eWi �ff� ufiae a of the�ual-c�esrim e, and take
City Clerk.: Further,. it shall provide the m payment of any claim by no rther action on the a ,cation un il. the actual. coati estimate ie �id
the insurance company shall, in any manner, decrease the coverage rtion f�l•e so�uafs�s ma e w c ezceeoed$1�6Fiu wt u3ik• r eme3ne
provided for in respect to any other claim or claims brought against the r cemp or the investigation s_ EF re u1= aerfo =e a cant.
insured or company thereafter. Such policy shall be conditioned that
the insurer shall pay, to the extent of the principal amount of the
Subdivision 3• Every Ti
on- sale" �applica'ion shall be referred to the
Director o� PiaxJni ar�i I ion for a rev ewes to v5e the' ro Zi-em� S�bdivieion 10. Eve licensee shall be r for the conduct of his
premises meets t[ta .iWEF& nts o Pte zoning ur nanCa 9It n aiil� OWe. place of business and shall maintain conafiror oY BCbrie� and oar. flC> O�
Section 11 -104. LICENSE FEES. any E ema rl e on tfiie 1 cY enseo Rremises authorized to as. se�er�ee
deeme�tT a sot o77he licensee as well and Ze W1i9=e aTile 0all
Subdivision 1. Each aplication for a license shall be accompanied by a
pen lti Frovi3ed lnis ordinance e9uZa 1Y wiTF e e pmToyee.
receipt F&Wee CFifeeTofToZice for n£in 1 of a r ce or�he
Fes? Section 11 -109. CLOSING HOURS.
canes M=feeanstalS oe �ia into the era3 nTo� Otte manic
re lectlon o -�aflrc Rion for a license, e i stall refund _e amou4nt paid, Subdivision 1 No sale of beer shall be made on any Sunday between the
Subdivision 2. "On -sale" and. "off -sale" licenses shall expire on the last hours o£ i :w a.m. and W noon. -Noo.e ssMf7e m�a e Te w�een�Fia hours of 7�S
t�1y of December in eacTi ear.. a suet license sra id io s r�ioa of are V. a_m. on a o achy
ye e�xce o11 a. porion oche license veer ea ell ea when tTi a MR Subdivision 2. It shall be unlawful to consume or remit the cow lion
inade j a Rilie issuedror tTie remain er oe, eaFr r as pro_ m fee. in of beer in wff "on -sale' eataEli�tment on M bWWa Detxeen mit ioucs 07 :00 a.m.
Computing sl en Ise, M phexplraR roc clon oY a mdnt[1 8n811. bE Counted &9.Ona mOnt 1}�. ins{ :noon. It shall be uniawl111 to consume or pe rmi a Con9am ion o in
Subdivision 3• The annual fee for an "on -sale" license and "off sale" Y e seta is n£ a en pours or t .ens a:w R. on any her
license an e eeen ra on- sa.ie•' license Shell t!a ea set Yortntn i-
Section of for a t
e (^i 6r31 cee
Section 11 -110. CLUBS. No club r i Z u essinf T "on -male" license shall
Subdivision 4. No t of the Pee paid for license issued under this sill beer to anyone otner�menTers and iuesta in company o2 mewt re.
ordinance eFiall�elSinde d exceinTh nee upon 1IcationtF Section 11 -111. RESTRICTIONS ON PURCHASE AND CONSUMPTION. It is
Us council Kl Inn 3 Irom t e to 1 oY til eve�. he cil ou i n i�a unlawful for
n refund a rota poronicer�heunex��, r e?�io� o�filie
li ce c ed'on awn es a, wTien o eon oflFie iceT'�'txn_s ceases Subdivision l Liceneee or his em 1 ee to rmit a��a raon under the am
no ess one son ore iralion c e license because or: i
o£ 19 ears to consume none'ntoZi�Iing i uor on a canes see ex
Fr i
1_ destruction or damage of the licensed remises b fire or as prov3dad h.
other carastropne. F
2. Ile licensee's illness. icatinE mal 2. Person other than the rent or legal �nasrdian to crowns
Thee licensee's nonintoxicating malt liquor f'or any .person un der e a 21 ttj years.
T fo in the Legal status of the municipality making it
Subdivision 3 Person to induce a person under the aoeof19 years to.
ra licenser» sito nes. continue. purchase or procure nonintoxicatina malt liquor.
Section 11-105. GRANTING OF LICENSE. Subdivision' 4• Person under the doe of 19 to misrepresent his age for
the purpose of OOtaining nonintoxiea�rq �M uor.
Subdivision 1. The City Council shall cause to beinvesti all facts
set out in inea llcarion.. rt�s aFi�ISSe venToa�ry O T term Subdivision 5• Person under the aoe of 19 years to consume any
or egxinst�Fe anon irk o t t�e t such invests on aha'arnnQ nonintoxicatirue melt liquor unless in t tee cwi ofTiis. paren guardian.
L'Ity LouncTshal grant Rr refuse iNe Dlication�iTd F&reM.
Subdivision 6. Person under the aoe of 19 years. to poasees a
Subdivision 2. Each license shall be issued to the applicant only and nonintoxiceti maltliguor� with in�nt� consume it st a pr�a_s�e other ttF an�tFie
shall not tee transferaaleTo ano er Honer. nee MM nse sha]1 be issued p ouse o o r i ff s *en O�RUat•3 exce Tn ie cce o ent Euar3ian.
e T_
TEie PrFales described in the a id�atxon. No license be transrerr
another P18ce aggro l va of the Cite none))- Subdivision 7• No person shall consume or _d_i a intoxicating liquor
Section 11- 106. PERSONS INELIGIBLE FOR LICENSE.. on the premises of a licensee who is not also licensellintoxicatine
No license shall be granted to a person:. Section 11 -112. REVOCATION. The violation of provision or condition of
this ordinance by a beer licensee ornis e�?n was ITUa fdr rev�lon or
1. Under 19 years of awe snmpension of tTa Iicense ""hha Incense person wfio�oTdS a e re all
T. Who has, within t tee t five years tFF
been convicted of a uor dealer s s ciaz tax s� wit t a license to sew intoxi t�iau0ra at
Orly, or Of v_i�o�la�i? e ve e el PrO�ti�itlon Act or sa place B}�ll' revok�wnthout n ice 8na without hearin�. in all Other capes
law of fhle e a e or�acaTo 3lhance rete�in to the license an maunder tTna crdinance p2 oe revokeq or sus ndedte Go�nciI
manufacture, trails rtation or sale or nonintoxica ink or of after written notice tFie licensee and a bTicT a no ice ehaol g ve at
intoxxcati uore. Tim a _a'�s_• nonce o e ice en3 0£ fi�eea� ring anid�ali stake t tie
3• who i a ac er of beer or who is interested Sn the nature cRarges e�nnstthaTicensee� o c� sumpen a aroV Iic'enaa
contro or ate' Piece w�1a beeF manuRac fir .pending a hearing revocation ar auapension
4. tgoo is an Oen� or u n �omm s n t actical to conduct a Section ll -113. SEPARABILITY.. E I 4er�' section ,,provision or art of this
Ups 0vnd and Ycia.1 onvesrtiion sueMte ordinance is declared me realm £rte eve othersection rovision or�t• a�naif
unavaiisTii'11 of uurormatlon. ��'js a. sln
5. Gno is not o mood moral F eater. a section, rovnsnon or air bog or panne a e e n
Z to is ora� Fie nod of this license becomes the holder arisen arty o res section, provision or ao_rt ereof-
0 a Federal retailiquor des el rrre special tae at fortTe. Section-114. SUPREMACY CLAUSE. The su rm clause found in Section
sa, e�xi�i Tf�uor at ace unlsea there hasa so 23-013 snail not apply to Se lona -�ibT tip 11 -116
been issued o im a ocea license t_o sell intoxfcetfng
at s uch place. MUNICIPAL LIQUOR STORE
7 GFioo_ not Te proprietor of the establishment for which the
l.icenae ra =asuW. Section 11 -201. LIQUOR STORE E:TABLISHED. A municipal l iquor store is
Section 11 -107. PLACES INELIGIBLE FOR LICENSE.
here asfaTilisliZT or oBaraTed Wintnis munici i or eao� or
notable as a bever�e conilfning more pan }.2% o coo y y wei tin tie seaTe�c r
Subidivision 1 No license spell be anted for sale oh �tFi where closed rt_c ept_acle or retainer 2'or removal from the Rremises. o r'eon� tall sell
Br �y r er, o`r oEnerwise ans o� i'n�iFafTng Sf 9uor, nor a sa one
a licensee bas been convicfeT o ITie�oZa�lon of t7t�orrirl8nce or o e a e anyo ou�anae of saiamunicip It shall be ai ii uor store or not kplavej in as
ii
beer or li uor law, or where ar� hereunder has�eenrei cause u muncipal li nor store. unlawa�or t r�aon or Persons to mix or
one p�ear� e_s�sias3 cer suca conviction or revocaa on. re e
u or or coneum onin e�y �Snc D�ac_e or ate b uainess or to consume
e
l iq uor
Subdivision 2. No "on -sale" license shall be anted Yor s bona fide club in 'laces. No liquor shall be s or nor on a F13`c}ii or
gr F 3 Y-- in
which has noon in o ana eligible to recTve�cense ?oFT eaefi x automobile.
months at9ly preceding the Mica ci for a license. Section 11 202. WCATION AND OPERATION. The said municipal li uor store
Section 11-108. COPDITZONS OF LICENSE.
shall be at sucfi ll�aee as the council shall determine motion ann �y�ei'�i r
Zeese�r owne�S��munici i Tt s�Fall be in criarge of a fie
Subdivison 1 Eve license shall be anted subject to the conditions in uperator o so she lnla. so se ec b� ei Z'.ouncnl and wFio shall L��a such
Every €r cos nation asseZounoil e i Fall determine. Said opera s ve�5u7'L ch
the followr m diTaions inUM eii`r pro scone o s ordinance and er e o ration o sf u h- sapid uo r or�ea and shall Fave oriyo
a linable ordinances o£ the Ci or T a law.. L- I" rf� s 0n d'f'
op ty pur rase supp ies as are necessat x an e�mp oy au ad n io an as he �y need a£
Subdivision 2. All licensed remises shell have the license in a a rate of com nsa o to be ap F�ove FjNoun cil and under r�To tee ate -l�ned
conep a A l l is F ��7iunc emp e-es incrudine`o etTa�S to d'$ieirposctfons at ie
pp assure of fns 'Afanager. tco minor person hall, be e� yeti in the muniel T
li uo
Subdivision 3 No beer shell be sold or served to any intoxicated person or store or u-
Lo soy .person upset ty years o£ one. Section 11-203. FUND CREATED. f A munici liquor store ci il aI liq
created n o neFi lT reve'nues receives Yrom oo
e era� own of�mun� Z.. quote
Subdivision 4. NN on under 19 ears of M shall be.permitted to sell s ogre ehaTrTe id Irom wnicn all operatink e�c enses �ialSbe wed
or serve beer in ate. RO& O e r as�abllshmen tteta Us initial costs b rent nixtures an stock paid oar oua o e nerd
si donne munxci 1 u such amouna e refs uorsed 0-se sand �et�erai
Subdivision 5 No gambling or any gambling device shell be permitted on 7W out o e f ire n�oone��e g e in�e munwipaT`ii uor store a needed for
any licenses premiaea. certy� onrFe saidf uaTness, T luml�m ac tiryv na�h sin�
iraneferre to`The general fund o resoTu£ ion ot tne Counc3`1 end ex ndvr =br a
Subdivision 6. 75o manufacturer or wholesaler of beer shall have a� municipal p
ownershi� or or ingress) in an e a menrllcensea'no seE -fret c0 r
Ttteprovisf one o 3Ar ore lcensee an or`wtlolesaler Section 11-204. HOURS OF OPERATION. The munici liquor store shall at
orbeer sba:tl be fed to exclusive rctteae.
contract. ao retail lime all times observe ean f oo .low I r res rib ons on re ours o o ration: �o eT on
s'Fa_a' "receive anrernfite cart sw Tram a �%rer or roM er o in 6xicat�� 1 tl ffi9 Ee made on bung. No off -se:te a ma a before S:a6
beer and no such manufacturer or wholesaler shall confer benefits contrary to a.m. or arlerFU. n�. oT any �e xce�t l�riu�»y and Satu on "Fi�a
aZa upon _a rer4S7icenaee. o}'f saTee� made until 16:®J .m.�o of -ef�a a eFeIl eb made oni� starts
tt n eQeneence vi pea �'T�ec�Der
Subdivision 7. No licensee shall sell beer while holding or exhibits in but on the n�irn recedi a made until t u:uu p m�
the iiceneea remises a FeSer re t norms a spy cT_aT�eu atom u ass 61 that no off- a shall be made on ember [4
er 7IIl sT sFaLl
is licanaea'un3er� Fe laws of Minnes se ll in %xicating- uore. be sae fn full urea or t� iolic.
Subdivision S. No licensee who is not also licensed to sell intoxicating OPERATION OF THE MUNICIPAL LIQUOR STORE
liquor se. or ot one consumption or als or intoxfci on Section 11. -205. OPERATION OF THE MUNICIPAL LIQUOR STORE.
t n Iicensea ppremises or`serve ar5p I�i� vi�� orr�Fie �rar ,a of mfairng with
intoxa li uoruor.. me presence og in�� eating l soon Fe piemtees of tnuuic
aTieenaee ri acne evidence oY possession o i 1 ox�.i n uore Subdivision 1. No business other than the Sale of li uore beer� ��ve
The r iZe a aervine of a !�i ulaa ornite purpose o m wl end rely nc en r�uc snoaSe I'ce carrie onbrhe c liquor re or
in�ox cats li sFelTbe rime acne �denceultaointing ie bZ airy perso employed ere n ring me so I
being permll to ba consumed r ie ea contrary Tnis ordinance.
Subdivision 2. No liquor shell be sold to s person who is in an intoxicated
Subdivision 2. Any peace officer shall have the unqualified ri#it to condition.
enter in-T eirchthie preen ees or a liceneeeaurl �]ness hours w out _a
search seizure warrant anti in the absence or a license o as in oxMati rig
liquor, sell intoxicang Ii !uore ntSeZicenaea piemiaea.
Subdivision 3•. No liquor shall In sold to g person -der e a& of 19 one time and where in consideration of therefor, meals are
Y r_e ry
ee3af'1M15a"�Tne general c 8 i ic n
F� a
s�to rov a a servi� foods
Subdivision 4- No rrs shall enter or remain in the munici m{ liquor en�icane hebusiness of s the servving of
stare e7[CC t ror the act oY p_Ur actin$ Or aeTli liquor �8�er Dive Or '�Or es or an on-Sa wlne=lcense seam mus£ce a ai.L al laor
�eI1tR� s. y Qe rson Beri r o raill� therein �or ar� 75 at One time wi 1 o her sections or
otul �sp o ide rev T� the Ci yt alW r aRer. person violating su°h7 i m de�innfon aplica� I ataT
F ®e as prov'3edeerein:
11 The term "club" means and includes any co ion duly oar ',anized under
Section 11 -207. ENFORCEMENT, It shall be the duty of the lice e"�ws o��Fie e�or cxv�c, iratern sociaz or business p
de a municii to enforce the provisions oY t�ii s orSinanee an to or ioor in�If�la, e. O or Tor t� romotioil ors rta
search premtaes and seize evieence of law violation an preserve�Tie same act �s�en in existence ror more t_m nree Ye�ar and a
evidence aeainai a oerson a3lefe _:Ee viola �Ts oar {manes, andeo re a co resalonaT�v chartered eras s or iJ on which h Man xn
ry processes ana papers hereror. e�tenee for ai eT as�tnree yea_r_� ire is a �rece3in g a li�ion
or icenae wh�icfi e3iaT ve more E• man r -iii members an xc shall,
t
PURCHASE._ POSSESSION. AND CONSUMPTION OF BEER AND LIQUOR BY MINORS ror more a ar F�ave owns3, Fir o�.esse<� or s pace xn
aTui�ldi of au xFe cTarac er ea yb�e su and adequate
Section 11 -301. LIQUOR ON SCHOOL GROUNDS. Unless poesessinq a o e reeso� Ie and c6Uor a acea®n�aion or itmembers
tem y on-sale license iursuanteo M.B. }g0.O2 �2), no person shad introduce wTose affairs ann management are co ucni eee�a board of dire ors.
upon. or have nTiie for upon, oe in �L e a FooTwnda. one Sc hool. executive comm or otter siHIM cFosen vremcers at e
or 6of 1anA, Him' be er wlne, .ornnT.OXSc� =r ors exce IOr experi� meeti held ror tn8t se none o memners ��icera nts
'fn Or amp OYeee are id xree or lndireC compensation o
SET UP LICENSE it fromtadistribution or acre of bevera�esto the members o t?e
clu oF TE x�gueats, be a l t l�amount or such reasons ee s al a ry or
Section 11-401 PERMIT REQUIRED. It shall be unlawYkl for private wages as �e fixed an� voteieac�iyeec l��Tie axrectore oher
club or c Pjace direct or indirect or u n pretense or� governinngbo
allow oxica, 4Y. ry eviaetd
conaum ion or xe o n oxica �i �u�or L or tFieae�rv3ng or ai 12. The term "wine" means a vinous beverage containing not more than 14
7f uid�or e r e or xr with intoxicates iI uor wibTiou�fi a securing a
�pu ��ss n� percentalconot T vofuma•
pra.� rf om�Feissxoner o� Pubic safety and i the Yee as provi in s
OI
UinBhce'
13• The term "on -sale wine" means the sale of wine for co— tE ion on the
p"'W"es O
Section 11 -402. ANNUAL LICENSE. Ever .private club public place
deairing to allow�co ion or ft- I v OT icatin �i or gu HM on or Section 11 -502. LICI7;�'E REQUIRED
before du _ror -mi v o eZ r a rce or $9t1U and�iall a
awn recei� -r�.. .x c e ear has �e ends 1 No rson except wholesalers or manufacturers to the extent authorized
m�e a rO rere 'a' Wu° eu�o x ro raffia Ise acre te� dfrom ar�v un er awe Ticense, and e� cePpi muni�ci Ti uor store sna=
pia aEe uu Or xe place w xc v��5 cr��ef ordinance. direct or indirectl deal fn, el ek _eP for s info caYng
su a n
upexre� on of a moot F sM1�6e counted as one lx uor wxthouf first 'Ka in c ng received a license to do so as
vwn a wrten receiptt s sin somecona'ucuous ace upon i:°inance- Zioenses s�ie3STe of sizTcxn3o: "On-ale Li or
remis a the fermi t uedu��he��rasi�oner of Pub an�a}�� =s A•• •gun -gale Liquor c.lasa i'r�'mirSraTe �i�uo Class c••, On- e
be p a7-T `L�Iass u_, -M-'X 1. uc^�ana ^On aTe n
Section 11 -403. ONE DAY LICENSE. n W 2fit o ization desi�ripg to 2. "On -Sale Li or" licenses shall be issued on to restaurants which are
i allow the conaumon or dza�I� otca Z'i uo`r or a aervi and a�� conduct red a v�nner'uata siiYicant r o e revenue�`or a
I3�u� sd mix wit�inToxi n tx uor at a nsor socala vi oc� license earis�Fe s e T cos and toao con�ctea in awes a
_rocZvTyn� er �e�oa�� r and obtain a manner t j o'f at p oi the rtJ revenue derived from the se tne
l�nae fOr a s ciri�ed �o oi iO eXCee'�2T]7ourg. je e g I�gQ'n�p ,�f or fOOds 8I1Q intoxic uors, a ai�liricent ereoor o17 T
V�a i�un� 9 i'OVCd D�!��1B �ommi68�ner or tu5lic .5'atet9 Yvon more 19 1�6aO�i IlCenae ear is aerxve rom 1 serving or f0o�f s teem
I Nnsasssueduuringa one ca e� ��ai•. •'si as used in uhe sub�ragtapkti means Fs fold"owin
Section 11 -404. PRMSES OPEN FOR INSPECTION. Arty Private club or blic a. for Class A licenses, E0% or more of the applicable revenue derived
Er an the consumption or is o n ox ca irm��Ii��uuo��r soa�be'o t �om�e serving or ids:
ell reds for ana on a Commissioner��ibl3cO S
�ea_ i ce' g�a ap�enando aa_ or z ac e Of ficers coy Fie -ap b. for Class B licenses, 50% thr 79$ o£ the e livable revenue
n7t ch inaQections pct a viola_ 0 ie ordinance. r�' Tiaenseo
eerviicFi� �a aarT a orb er n ciso� censi_p �*ivea `ron�ne serving of foods;
as a condition o e�ance thereto ,sha11. roux a die e o ice witti such c. for Class C licenses, 45% t hro 49 2 the licable revenue
i iufiCberahx t0 6e used o �3or s -for h n1i8�ed07 erive r��ne servoI I as
Section 11 d for Class D licenses, 4� throw 44% of the �licable revenue
405• ERCIUSION. Section 11 -401 does not deriveoi'rom -ne serving oY foods-
licensec Tor the sate of intoxicating liquor.
3. All licensees who have not established the ratio between revenue
Section 11 -406. HOURS OF OPERATION. shall consume or dis eriver�io' revenue 3e ve3 icon ofT er sources arlF
or allow ion or die Of in x�Tip7ior qn p Te�p� g e r p op 3sed 7ice premise shall a p or. a-.i� license.
iTor a mesa reds nie n e ore o�T OD a.m. an 06 a.m. or 4, "On -Sale Club" licenses shell be issued' orb to clubs.
thehourscmi: wa. m.an° p.m .Tnr riaZ �orFee�enMe s
i s a.m. anon ei:w on 7 r s e�r at, or e� ral eye ii-gm w 5 "On fie Wine" shall b td licenses shae (rene o to restaurants which are
district �n xh3onottle c u or bns e e a on IocatT-- o n ly
con ucFTTOsUCn a manner —rata slglliiiCant i on e revenue fora
LICENSING AND REGULATING THE 11SE AND SALE OF INTOXICATING LIQUOR license ear is tbh Sale o3' foods and o e a or wine noT
exceeding );rcen£ co oTL_y vor -r consum iZn on bFie7v°ena�e
premises,
Section 11 -501. DEFINITION OFTFA43. in conjunction with the sal 2r o �e perms
1 The term "intoxicatiif,
liquor" shallmean and include ethyl alcohol and a. for wine licenses the term "siViificant part" means 50% or more of
nTofu� e i ea, fermented s�ir� sus vinous, ana me r"Peveraaes Iffe aypl ca a revenue derived from the serving orfoo
con china in excess or o coo by weight
Section 11 -503. NUMBER OF LICENSES ISSUED. The number o£ ri�vate "on-
2. The terms "sale" and "sell" mean and include all barters and all manners sale I' licenses licenses iseueTYyI x o ro enter eFiaZTbe�xm�i£ee��o
Or means or xvrnianing xn xicatxng liquor or quors as above TFe 1n r of 'on sale wine censes st un mSiit�-
deser� in violation or evasion of raw.
Section 11 504• APPLICATIONS. FOR LICENSE.. ��E vet�•• a lication for a
3. The term "off sale" means the sale of int oxicating liquor in the license to sell in o'�ic uor ahalTbe verified aad w e hie7oT
on�r in reTaiTe esaoi coneum ion oi'f or a from lie FoTice7n
Tr coition to trie�rma�Ton wwhrc ion Te �ui�re_T��be SFa
nremiees v ere x 574. t t;�xssioner o?a 1c e .v's farm, tfie a�Ticat�eM corn the fol7.°
4• The term "on -sale ,moor" means the sale of intoxicating 1_ iquor lZ the 1 Whether the a plicant is a natural per c =ration._ partnership or
Tsai.
or iedr n3T}'or con uiori on'bne premises oe� pLifoi'm. organiZatdon.
5• The term "wholesale" means and includes arty sale for purposes of 2. Tie of licenselicant seeks.
fee alai The term "whoTesalerr means e�rs e n to
business 07 Be intoxicating o re ea era. 3. If the _a licant is a natural person, the following
6. The term "manufacturer" includes evei' person who any Process of anP f n
lure ferm�entn brewing disci 1S i -(.�}p. re inxn rectifvine, a• True new place and date of birth, and street resident address of
en ing, or 71) the Combination off different mater S, r red dr pliCant.
producae RS xijaing liquors for sale.
b• Whether 22plicant has aver used or been known bZ a
name other then
7• As used in this ordinance the term "person" includes a natural person o£ iFs £rue name an i o i so wTiaowae su cTi name, or names, and
a er sex oar ners _c_o ration ana --ion or o and x�n onion once fF ft. and where uae_3•
if a aEm or myna r 0 a� oft i7 a a�esaxa. The al rs ne ar number
nc u ed s the p ura &W mascul ne pronoun inclu3es the remin of a ana c. The name of the business if it is to be conducted under a
neuTer. desiR`xon nme or she oTEsr ;Db tFe gill n'L"diviaual name oT
corked or sealed the a �ri su�coae a co of rite certification ea
B. The terms or am re iican er tt nnesob S IM
original mean ce tee
container or recap le hoSdirrC intoxicatir liquor• er o tie6is ict C�rt shall�att o e e� ion•
9• The term "hotel" means and includes any establishment having a resident d, Whether applicant is married or single. If married, true name
Pro p n etor or manager, where, in consideration or rmEment tnere place and3 a bi rr res IT nce Oaress of 4�icant's
��o �and� loo are regular fors o tranaie i n e c presenos e.
mainta or a use of Tta eats no evTes then 1 W ea�t roms
beddi annother u au to a and necessarymirniafi tT e 1 Ti
room Whether �licant and present spouse are registered voters and if
xs roux a at tTie main entrance with a auita�Te sa —here
de
Toffice or a re�ietratzon b its on the eron° floor
writ em_�l and oats stair to proviee Sua c trot al service.
f, Street addresa -at which applicant and present spouse have lived
8�W I C n t a na un er t if same nth comas the red o during t�pnece�i fin ears.
tF ems aZli� amen 'ano as an xn nereor, auinir� rows p
with a ro riate Yaciiit £or seating N.! than 1U0 guests amine pre Kind name and ,bastion of ever' business or Deco do applicant
time ere a arai �i �S ic are in consiTerflti_on Zr payell7lit —t
tFe efor;
rV ae wi ale tales, ae�n a use T ve been engageSLn during nq,_
or p yam•
10. The term ^restaurant" means establishment other than hotel under
Se con g a axnpr�etor or men�rz F'a�vi Pro fiat
1acilities to serve meats an for seating not less than 15 guU eats at
14• Whenever the application for an "on-sale liquor" or an "on -sale wine"
license or ?6 a tranafe� hereof is foi premises a her-
IL N sand addresses of applicant's end spouse's Mmlavers and a F.
M Heraf any, for�he,precedina ten years. under cons�c� ion or un�ee ink subs i a er t&
a ca on ale. ac H set OY Preliminary- shON1I1
i. Whether applicant or hid epouae, or a parent, brother, sister oi" Fa esign T NZ 3 s
rp opose premised Fe licensed.
o£ eitber of79 has ever been convicted oY Yel 15. Such other information as the Chief of Police shall requires
trice or vi on o� orRi anca. Mer £nap traffic 7 eo e
a ZTcan at�irnis�i information ae t he place anQ Section 11-
505 RENEWAL APPLICATIONS Ap plications for the renewal of
o apse ror fcn conviciiona were had Q
an exists licenaes sail be made at least bO d p Tl o t to the Gate oY the a iratior
�L. Whether a licant or his smuse, or a ant brother, slater or Lne license: lT in the�t oi�he i fir od d sufficient
c�3S�o a fFie ever been er as an NUT, ssiownTen scan or s allure o lien rot a renews wi in e�a
j erafli� a saloon, aaS erant care, tavern or UT, provi ed he City Council if the other provisions of this ordinance are
Complied wi alit the a p�ic &F.
'6usinea's o3' a similar �re. so, a� ski l�irni Ti _a
prison a to the rice, piste of t�
At the earliest practicable. time after Mlication is made for a renewal of
k. Ti Whether �lieant has ever been in miller service. If. so, an "on -sire uor•• or an on -safe wine- tense, and in any event�rior to�Fie £ime
Mai snail, u�On reguesY, eidMi e� 9 scharges. a d�a ion is consi3ere3T` Uouncil he a k canteia3S�iT
=.t The hiG of of Police astatement re redga certified is accountahf tTHR
I. The name address and business address of each rson who is vows he�ag sales and the to safes of the res rant for thetweTve
in tainnesota� a us Hasa of sslIin�,L manu�actiirin o�r �fi peri� e ireccedir�gthdate for fill renewaz a pSica'�ons.
K e �bi uI Dxicanii l and who is nearer of xxn to tO�m corpora ion currensL ifs o Author
can or i s spouse t�ian secondouson, hw etFei oTt or Section 11 -506. EXECUTION OF APPLICATION. IY the a plication is b d Mthe riles oY civil law or who is .:tom ltiin -law or after- 111 -1aW 'r tFie a�p�iCant OrT711e apO71Se. natdral parson. it shall be signed an�sworn to s u ch Qe rson i b a c0 ration
un b an officer f ereor` -i}` o a rtne i p`, b one of he ners• i an
incor� end association the manager or meruuang officer ereof -1 tb
4 If the applicant is a partnership the names and address of all pre
and aTl3niormatiori concerning c ierr as is r uired of a s applicant 1s a tnership, th e application, license and bond (or insurance policv�
8 in allbaection� above. Q �8719�1np Her, of peta a ]�fl I made and. issuer i nee name of alT Pat n ers.
Mall be deaignated. The interest of each jjriner in T56 business
e i�a oe aisclosea. A tie= of tge agreeannt s ae�' Section 11 -507. LICENSE FM.
SUNIt£ed with the a ices ion M rtne�e.i• is re u ire3to
�i'ie a cerTif %aT,e as o a r e name ureer�ne provisns 'C tl�ter 1. The annuallioense fee for "on sale li uor" or an "on sale Rine"
Minnesota Statutes a c_oA9 �o�` su irate certifi -t a icense shall) Fe in as amoi>ii£as set fort in ectTon�S eZ
Ulerg is riot Court snail be ash �Epiicetion Urninances. 3fie annual license fee for an on -sale clues 'license•'
shall 5• If a the li is cant acorpon r oth o ization and is EI'li T"7- e maximum amount eermftre& F.inneso a �es�SlT
Yor an on-e a quo or an ^ono er wine license sier'o owin
2. The initial license fee shall be paid in full before the application for
a. Name and if incor rated, the state oY a license is acce tad. Renewal license a liCatiOna shall be filed b y
Tn o Rovember brace Ir eacFlicense en icensefeeen�te
b. A true copy of Certificate of Into ration, Articles' of tltl,in .�Y emr 1y p receding each license year. S�teas
Tnco_ vpora�n or AAr eem en an. laws and iY a forgx� °a e into tl e f n� ce u er o eac o_ tF a ar Al as sTiaZT
cor ra ration a uer i i£'�of Aut orori yt described 'in C1 der ir on th e 1 7�v oY�ecem berms Fi` ear Upon region o��
acaion for o a a I3cens� or u (:ouncit
p wibFi ra iTion beit'ore'
Minnesota Statutes. pp rov or al tTeiesuance O 'Fie 1%�he�icense Yee sh8�C_
c. The name of the mangi er or proprietor or other ant in c har of re35�nc: 'Lo e 8�piieanT
tie Premieesnobe licenseea. givinf all the Information a lu saio 3. The fee for an "on- sale liquor "on sale club" or an "on sale wine"
pardon Ba is Pequi ran of a single &pp i in b\ibeactlOn a se. license �THIt er eef commencement R license year sna=e
Notwithstandin the definition of interest as v a n in Section Prorated on a tlai 5eais.
Ti bub�ion 1� the awn 01 con�ain a list oY all 4. When the license is £or a rem ise where the building is not teddy for
_fir who, t ai or £th wi`th Heir spouse, or a psi'ent� occu i or tom ration oft Tie Ticeneeae
ro er sis er or 1 or either o3 oWn or control an �3 um
e n tense oerioa sF= be She damson which a ce =e-o
interea� in said cot ration nss
or oci'aiion in excess of 5* or Zo occupancy is issued.
are oYY'icersso saia c�or ration or association, together with
Ve addresses end eIS information as is requiretl H a si, e
a Titan in bubsection move: 5• No transfer of a license shall be p f to from lace acs or
person to person w1 1 TFOUT 00 i with the requirece o�nal
6. If the �a is for an "on -sale club" license. the following a� rp i�cai'ion except as provided ion _y or r7iianeotibn.
r 6. No rt of the fee paid for an�aryy license issued under this ordinance
a. The name of the club. refodri ea ce x in Th�olroinna instances u n a -Ri�to
��OUncil withlh (R a xTom the he ni O e even e
ti. Date that club was first incorporated. True _c_opl�ea of She,, i re-? mM aoro ra a por ion orthe Yee Yor am
acres oiTncorpor�, aws and the names and stre eT unarm of �ic i cceputea a ton e wFierF
addresses of all Olflcers, execu ive committee and hoard or opera on o e l T icens ness ceases ho� sae one Mora l
directors shall be submitted. �eYore ex piration of the license because of:
c. A sworn statement that the club has been in existence. for more a. destruction or damage of the licensed premises fire or other
man hre ears or, is the event Mf a2plicenris a catastrophe.
o
.on�•ess% char tiered venters a 6'rWigion. in existence b. the licensee's illness.
for more t an ree iior to dap 1 1961 Me sfa emen
shal m den a s_on io hat Pei6na �n TmoT Rene o3'�e a ee
t herei n. rn the en
evtt}iat no rson can ice su c. the licensee's death.
st�ted t etasemenisfactory aon£ary proo eetin
su rt of such facts. d. a change in the l�e� statue o£ the municipality
To making it unlail
r a icenae business to continue.
d. The number of members.. 1- pt the time of each original application for a license except i the
e. The name of the r
proprietor or other per son who shall be in cPSe o one club" li se Fie ayTican�IN in full an
-eTiar eTf�he lice remis�$Tier ith�same F176 r- investigation Yee equal to the actual coat of investigation, not td
concerting sues person as is r u of a si a a for an excee fU uw ix' raves g� iron is conducts ou3 �s3da Nirmesot
on sale as is 'set forth ii i�se n 3 above. and not to exceed %5LU it the invests is conauciea ltitnin
VInnneaota i'1Ie a Icanrshall such Qor�ion or She Tee as THe
7. The exact le pl description of the premises to be licensed together LTii e3 of Police deems adZIto cover £6e pro poG R invejjjqEion.
V a plo an oY t e area showing dimensions and locai:ion' oY govi�deeo tnsr£he Callen may regTre as ional H3vances�ro exceed
ui dinTs, the Iimittfon setouout herein. portion of theree of r en
investigation cutside�innesotawhic exceeds actual expenses MlEge
B. An a licant for an "on-s l uor" or an "on -sale wine" license returnet o one a ,scant proviiefnliat mnn3mum Y� Yor
s 6h mi moor lan of The Z room, or inin� Loon NXI 2.i investigations wit i S.11 shall be �b0
s} S eo o�ri to tFe �u 3 sFa31 ions and sn tndT g
$ie patient of yersonainteHadjone served in eacc of saitl rooms: 8. At arZ time that an additional investiEation is r aired because of a
IY a perm from the Federal vernment is requ ired by the Laws of the' ?%arse renevaT a change in tFia ownereni or control o e 11-- of an iTed3ft -r -bee pecesnie oY lTo e�censeee o� ext inveat n
on es, Yneics a her or not duct rmi n %suers �y
Jr rewire n at name isaue� e e na se ire ,perms ae or n r I.. TT 3'ile mnv� i g�on eeMR
accompW& Me �SicaFfon.
10. The amount of the investment that the applicant has in the business'
6f fixtui 1G'rnotnre.oc7cT to etc.,
roof of tie source of such money. L. Where-a newlication is filed as aresult of in�coz rationb� an
p_ ezis�ipiMeensee and t� ame aaaiti T cool -an na i terest in ttie
11. The names and addresses of all persons other than the licant,_ who license are uncnenge�, no o license fee wiIl�Le voted.'
have any ftnannc interest intsst innthebuusii ess uiLM2ff,. premises, Section 11 -508.. IN STIGATION OF APPLICATIONS.
Tx urea furniture. std in trr e•' a na re of such premises, interest
amount iereof terms oar �menf or otFier rel Fru _W_...;.. iMh's soa 1. All for a license shall be referred to the Chief of Police.
inc u �noF�eltmi y Tsees. lessors, mO o s �3 sucK otter Ci n as�e i r snarl deam
tort ra, leR�Ors lien holders, Sivsteea, trustors, and klerpgna W� gga ry �or Verifldation and. inve t see rS- n
ve c_oeign ne7 or oEherwise ioanes pS_ea ea, or ex�e des secua i 'fne iT ca o TFee F7e -r-o iY YoI' ce oiaZ� cause tie ma3e saoF
Toga= indebtd ese o tie applicant. bum sTa�S no ins u e peraonr vas .ion of a i"n ormation r�ue�s%�e� Section ii T
s owning or controlTing tFi_an a ini area E ineie.. iTYness`..i£.a ounaiviaion as sT*=t)e necessary and shM made a -wri
corporation. LIC
arson an 3 rR e to e Y ouREM a iVCounci?
12. The names residences and business addresses of three persons.: au£horize auto additional 3nv F as 1t shall dew necessais.
resi end n z of�TFFTYEfe on•:innesota of o�oa obr c�acceri not Section 11 509. PH=NS IM GIHLE. ri ENSE. No license shall be
re a e o�fe ayp F Ticant or financial Mn�tWE TheLremises or te
grand tc o e_Td. eM of�gffowing cTaiac r s cs a
'business, w 7o ce re£errea t0 aS o�the a pp licani s c 1F erecter or, r gw__ Oeia rg or others who requ r@ nv� oa_ i War
The case wciere inrormation is requirecTo� a mar manager s a r red'Fo The licensee:
oisi•er.
laJ,
13• Whether or not all real estate and personal. pr o rty taxes for the •'e
pr�iee h
sToSe 1 ser reverie aesve een —Tpa d. and (Continued on Next Page)
not paid years en3- amounts -Fw c are un i