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HomeMy WebLinkAbout1979-10 06-11 CCO CITY OF BROOKLYN CENTER I ORDINANCE NO. 79 -10 AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE CITY ORDINANCES RELATIVE TO ON SALE LIQUOR AND ON SALE WINE LICENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City Ordinances is hereby amended as follows: Section 11,1 -501. DEFINITION OF TERMS. 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. 10. The term "restaurant" means any establishment, other than hotel, under thel control of a single proprietor or manager, having appropriate facilities' •to serve meals and for seating not less than 150 guests at one time,, and where in consideration of payment therefor, meals are regularly !,served at tables to the general public, and which employs an adequate's'taff to provide the usual and suitable service 'to its guests, and the principal part of 'the business of which is the serving of food. For purposes of an "on sale wine" license seating must be available for not less than 75 guests at one time with all other sections of definition applicable as stated. 12. The term "wine" means a vinous beverage containing not more 'than 14 percent alcohol by volume. 13. The term "on sale wine" means the sale of wine for consumption on the premises only. Section 1h -502. LICENSE REQUIRED. 1. No person except wholesalers or manufacturers to the extent authorized under State License, and except the municipal liquor dispensary, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license 'to do so as provided in this ordinance. Licenses shall be of [two] three kinds: "On Sale Liquor [and] "On Sale Club and "On Sale Wine 2. On Sale Liquor" licenses shall be issued only to hotels and restaurants. II i ORDINANCE NO. 79 -10 i 4. "On Sale Wine" licenses shall be granted onlv to restaurants and only 'the sale of wine not exceeding 14 percent alcohol by volume for consumption on the licensed premises, in conjunction with the sale of food shall be permitted. Section 11 -503. NUMBER OF LICENSES ISSUED. The number of private "on sale liquor" licenses issued by the City of Brooklyn Center shall conform to provisions of Minnesota Statutes, Section 340.353 as amended by the Session Laws of 1974, Chapter 268, (Senate File 919) State of Minnesota. The number of "on sale wine" licenses shall be unlimited. Section 11 -504. APPLICATIONS FOR LICENSE. 5. If the applicant is a corporation or other organization and is applying for an "on sale liquor" or an "on sale wine" license, the following; 8. An applicant for an "on sale liquor" or an "on sale wine" license shall submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate 'the number of persons intended to be served in each of said rooms. 14. Whenever the application for an "on sale liquor" or an "on sale wine" license [to sell intoxicating liquor, or for a transfer thereof, is for premises 'either planned or under construction or undergoing substantial alteration„ the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises 'to be licensed. If the plans for design are on file with the Building Department, no plans need be filed with the City Clerk. Section 11 -505. RENEWAL APPLICATIONS. At the earliest practicable time after application is made for a renewal of an "on sale liquor" or an "on sale ,wine" license, and in any event prior to the 'time that the application i5 considered by the City Council, 'the applicant shall file with the City Clerk a statement prepared by a certified public accountant that shows the total gross sales And the 'total food sales of the restaurant for the twelve month period immediately preceding the date for filing renewal applications A foreign corporation shall file a current Certificate of Authority. Section 11 -507. LICENSE FEES. 1. The annual license fee for "on sale liquor or an "on sale wine" license shall be in an amount as set forth in Section 23 -010 of the City Ordinances. The annual license fee for an "on sale club" license shall be $100. ORDINANCE NO.' 79 -10 3. The fee for an "on sale liquor" [or] "on sale club" or an "on sale wine" license granted after the commencement of 'the license year shall be prorated on a daily basis. Section 11 -509. PERSONS INELIGIBLE FOR LICENSE. 6 Who',is directly or indirectly interested in any other establishment in the City of Brooklyn Center to which an "on sale lii uor" or an "on sale wine" license has been issued under this ordinance. 9. An "on sale liquor" or an "on sale wine" license will not be renewed if, in the case of an individual, the licensee is not a resident of 'the Twin Cities Metropolitan Area at the time of the date for renewal; if, in the case of a partnership, the managing partner is not a resident of the Twin Cities Metropolitan Area at the time of the renewal; or in the case of a corporation, if the manager is not a resident of the Twin Cities Metropolitan Area at the time of the date of renewal. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. 10. No person shall own an interest in more than one establishment or business within Brooklyn Center for which an "on sale liquor" or an "on sale wine" license has been granted. The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, bu does not include bona fide' loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of 10 percent or less in any corporation holding a license. A person who received monies from time to time directly or indirectly from a licensee, in 'the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" 'the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reason- ably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade 'the prohibitions of this section shall be considered. Section 11 -510. PLACES INELIGIBLE FOR LICENSE 3. No "on sale 1guor" license shall be granted for a restaurant •that does no•t have a dining area, open to the general public, with a total minimum floor area of 1800 square feet or for a hotel •that does not have a dining area, open •to the general public, with a total minimum floor area of 1200 square feet. ORDINANCE NO. 79 -10 Section 11 -511. CONDITIONS OF LICENSE. 5. No "on sale liquor" or "on sale wine" licenses shall sell intoxicating liquor "off sale". 8. No person under 19 years of age shall be employed in any rooms constituting the place in which "on sale liquor" is sold at retail [intoxicating liquors are sold at retail "on sale except that persons under 19 years of age may be employed to perform the duties of a bus- boy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which "on sale liquor" is sold. at retail. [intoxicating liquors are sold at retail "on sale Serving of any "on sale wine" must be done by persons 19 vears of age or older. Section 11 -515. LIABILITY INSURANCE. 1. Insurance Required. At 'the 'time of filing an application for either an "on sale liquor [or an] "on sale club or an "on sale wine" [liquor] license, the applicant shall file with the City Clerk a liability insurance policy which shall be subject to the approval of the City Council. The insurer on such liability insurance policy shall be duly licensed to do business in 'the State of Minnesota, and the insurance policy shall be approved as to form and execution by the City Attorney. Such liability insurance policy shall be in the amount of not less than $10,000 coverage for one person and $20,000 coverage for more 'than one person, and shall specifically provide for the payment by the insurance company on behalf of the insured of all sums which the insured shall be- come obliged to pay by reason of liability imposed upon him by law for injuries or damages 'to persons other than employees, including the liability imposed upon the insured by reason of Section 340.95, Minnesota S *ta•tu•tes. Such liability insurance policy shall further provide that no cancellation for any cause can be made either by the insured or the insurance company without first giving 10 days' notice 'to 'the City in writing of intention 'to cancel the same, addressed to -the City Clerk. Further, it shall provide that no payment of any claim by the insurance company shall, in any manner, decrease 'the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter. Such policy shall be conditioned that 'the insurer shall pay, to the extent of the principal amount of the policy, any damages for death or injury caused by, or resulting from the violation of any law relating to the business for which such license has been granted. The licensee and the City shall be named as joint insureds on the liability in- surance policy. to ORDINANCE NO. 79 -10 Section 11 -550. SUNDAY SALES AUTHORIZED. Notwithstanding the provisions of Section 11 -512 of the City Ordinances, establishments 'to which "on sale liquor" licenses have been issued for the sale of intoxicating liquors may, upon obtaining a special license, serve intoxicating liquors between the hours of 12 :00 noon and 12 :00 midnight on Sundays in conjunction with the serving of food. Wine may be sold without a special license under the authority of an "on sale wine" license between the hours of 12:00 noon and 12 :00 midnight in conjunction with the serving of food. Section 11 -551. LICENSE REQUIRED. No person shall directly or indirectly sell or serve intoxicating liquors as authorized in Section 11 -550 without having first obtained a special license from the City Council, except under the authority of an "on sale wine" license. Application for such a special Sunday license shall be filed with the City Clerk. Section 11 -552. LICENSE FEES. The annual license fee for a special "on sale liquor" Sunday license shall be in an amount as set forth in Section 23 -010 of 'the City Ordinances. The annual license fee shall be paid in full before the applica- tion for a license is accepted. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before the approval of issuance by the City Council, 'the license fee shall be refunded to the applicant. The fee for a license granted after the commencement year shall be prorated on a monthly basis. Section 2. Chapter 23 of the City Ordinances is hereby amended as follows: Section 23 -010. Fee (annual un- less otherwise Type of License Required by Section License Expires stated. On Sale Wine 11 -507 Dec. 31 2,000.00 Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 11th day of June 1979. Mayor ATTEST f�/ Clerl� Date Published May 24, 1979 Effective Date June 22, 1979 (Brackets indicate matter to be deleted, underline indicates new matter.)