HomeMy WebLinkAbout1979-10 05-24 AP CITY OF
BROOKLYN CENTER, MINNESOTA BROOKLYN CENTER POST
ORDINANCE NO.
AN ORDINANCE AMENDING
CKAPTER# 11 AND 23 OF TH CITY
ORDINANCES RELATIIV* TO ON
SALE LIQUOR ANDDNSAI,E.WINE AFFIDAVIT OF PUBLICATION
LICENSES
THE CITY COUN i fHE CITY
OF BROOKLYN DOES
ORDAIN AS FOLD
Section 1. Chapter 11 of the City
Ordinances is hereby ,amended as STATE OF MINNESOTA
fol lows: SS,
Section 11-5011 fN1T10N OF COUNTY OF HENNEPIN
TERMS,
4. The term 116n TA fe liquor" means
the sale of intoxicating liquor by the
glass, or by the driak consumption
on the premises only.
10. The term 11 1*i6stiurantll means
any estabiishme*- `outer than hotel, W. K. Sehnert, being duly sworn, on oath says he is and during all the times herein stated has been the Vice President of
under the contr6ld a singte:proprietor The Post Publ ishing Co., publ isher and printer of the newspaper known as
or managtir appropriate
facilities, 119 Ae Eve meals, and for
seating not`te�mhan 150 guests at one BROOKLYN CENTER POS T
time, and whWon consideration of and has full knowledge of the facts herein stated as follows:
paymenC1111iKefrefor, meals.. are (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
regulprJyilgtrlyed at tables to the in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
general and which employs an week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
ad e 110to provide the usual and it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
suitable service to its guests, and the and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
prii disot of the business of which least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
is.the WiliIng of food. For purposes of currently paid or no more than three months in arrears and has entry as second -class matter in its local post
an -sale Wine" license seating office. (5) Said newspaper purports to serve the
must be available for not less than 75
guests at one "me with all. other CITY OF BROOKLYN CENTER
satiMS df definition vpp7icable as 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
s e t wine means vinous during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main
1 eg o c'o ter ai n ot more thin 14 tained by the managing officer of saidnews aper or persons in its employ and subject to his direction and control during all
percent alcohol cen ti t containing n such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
p ,o volume. n sale wine "means with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two ears
13. The term preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
news a
the sale of wl y 0or coYisumptionon the Pr p p p
premises onl. y, ii, Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
sectiop 11•S.d1, LICENSE Stateand signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
REQUtRi%: is a legal newspaper.
1. No person exoeoY Wholesalers or
manu1actllrlfn4f+ 1t 3 the extent He further states on oath that the printed
exi I iz Sf a quor x, and
eil5lli
except the g�..yR JJ�quor dispen-
so- I d C %directly deal
in; x11, 4jf any in
toxicating91j;pi !n:4h'1bo{u first having
receive#AA?14*W 09 $Pas provided hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
in th 1 4rdi1"ic �iceJr eJ�s. shall be of
Gt htAf 1kin tt775 I. Sale Liquor,"
(a '''0 Sale C lub", "On Sale the English language,onceeachweek, for...`... successive weeks; that it was first so published on
Wine
2. licenses shall
be only, to hotels and res the day of...
taurants. 19 was thereafter printed and published on every
4. "On Sale Wine" licenses shall be
granted only to restaurants and only to and including the.......... day of 19 and that the following is a printed copy of the
the sale of wine not exceeding 14
percent alcohol by volume for con
sumption on the licensed premises, in lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
conjunction with the sale of food shall
be permitted.
.Section 11 -503. NUMBER: OF the composition and publication of said notice, to wit:
LICENSES ISSUED. The number of
private "on sale liquor" Licenses is-
sued by the City of Brooklyn Center
shall conform to provisions of Minne- abcdefghijklmnopgrstuvwxyz -5 pt. Sans
'sota Statutes, Section 340.353 as
amended by the Session Laws of 1974,
Chapter 268, (Senate File 919) State of
Minnesota. The number of "an 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
r.....
for an "on sale liquor" or an "on sale
wine" license, the following:
8. An applicant for an "on sale Subscribed and sworn to before
liquor" or an "on sale wine" license
shall submit a floor plan of the dining
room, or dining rooms, which shall me this. s
be open to the public, shall show di- .day of A. 19...
mensions and shall indicate the num-
s
ber of persons intended to be served 1, l 7
in each of said rooms.
14. Whenever the application for an
"on sale liquor" or an "on sale wine" (NOTARIAL SEAL)
license (to sell intoxicating liquor,) or
for a transfer thereof, is for premises
either planned or under construction Notary Public ........................County, Minnesota
or undergoing substantial alteration,
the application shall be accompanied
by a set of preliminary plans showing
the design of the proposed premises to My Commission Expires 19......
be licensed. If the plans or design are
on file with the Building Department,
no plans need be filed with the City
Clerk.
S existence of any purposeful scheme or
arrangement to evade the prohibitions
Section 11 -SOS. RENEWAL AP- of this section shall be considered.
Section 11 -510, PLACES
PLICATIONS. INELIGIBLE FOR LICENSE.
At the earliest practicable time 3. No "on sale liquor" license shall
after application is made for a re- be granted for a restaurant that does
newa( of an "on sale liquor" or an "on not have a dining area, open to the
sale wine" license, and in any event general public, with a total minimum
prior to the time that the application is floor area of 1800 square feet or for a Section 11-550. SUNDAY SALES
AUTHORIZED. Notwithstanding the
considered by the City Council, the hotel that does not have a dining
applicant shall file with the City Clerk area, open to the general public, with provisions of Section 11 -512 of the City
a statement prepared by a certified a total minimum floor area of 1200 Ordinances, establishments to which
public accountant that shows the total 1�� square feet. "on sale liquor" licenses have been
gross sales and the total food sales of N O. Section 11 -51). CONDITIONS OF Issued for the sale of intoxicating
liquors may, upon ct a special
the restaurant for the twelve month LICENSE, license, serve intoxicating liquors
period immediately preceding the Affidavit of Publication S. No "on sale liquor" or "on sale between the hours of 12:00 noon and
dateforfiling renewal applications. A wine" licenses shall sell intoxicating
foreign corporation shall file a current liquor "off sale." junction midnight on Sundays in con
j
Certificate of Authority. OF 8. No person under 19 years of age unction with the serving food. Wine
Section 11 -507. LICENSE FEES. shall be employed in any rooms may be sold without a special license
1. The annual license fee for "on constituting the place in which "on under the authority of an on sale
sale liquor" or an "on sale wine" Ii- sale liquor" is sold at retail (intoxicat- wine" license between the hours of
ing liquors are sold at retail "on 12 :00 noon and 12:00 midnight in con.
tense shall be in an amount as set g
forth in Section 23 -010 of the City Or sale except that persons under 19 lunction with the serving of food.
dinances The annual lice nsefeeforan years of age may be employed to per- Section 11.551. LICENSE
"on sale club" license shall be $100, form the duties of a busboy or dish- REQUIRED. No person nt o icat
or indirectly sell ng
3. The fee for an "on sale liquor" washing services in places defined as
(or), "on sale club" or an "on sale a restaurant or hotel or motel serving liquors as authorized i ed in Section tion 1 11-550
wine" license granted after the com- food in rooms in which "on sale li- license having first obtained a special
l
mencement of the license year shall be quor" is sold at retail. (Intoxicating license a from the City Council except
under the authority of an on sale
prorated on a daily basis. liquors are sold at retail "on sale
Section 11 -509. PERSONS Serving of any "on sale wine" must wine" license. Application for such a
INELIGIBLE FOR LICENSE. be done by persons 19 years of age or special Sunday license shall be filed
be in with the City clerk.
6. Who is directly or indirectly in- older. Section 11 -SS2. LICENSE FEES. The
terested in any other establishment in Section 11 -51S. LIABILITY IN- annual license feee for a special "on
the City of Brooklyn Center to which BROOKLYN CENTER POST SURANCE. sale liquor Sunday license shall be in
an "on sale liquor" or an "on sale 1. Insurance Required, in amount as set forth in Section 23 -010
wine" license has been issued under 8801 Bass Lake Road At the time of filing in application for of the City Ordinances. The annual
this ordinance. either on "on sale liquor" (or an), "on license fee shall be paid in full before
9. An "on sale liquor" or an "on sale MINNEAPOLIS, MINNESOTA 55428 sale club or an "on sale wine" the application for a license is ac-
wine" licensewill not be renewed if, in (liquor) license, the ap shall
the case of an individual, the licensee file with the City Clerk p a liability last In- d .Ali licenses shall expire on the
fast day of December each year,
is not a resident of the Twin Cities surance policy which shall be subject Upon rejection of any application for a
Metropolitan Area at the time of the DATE OF PUBLICATION to the approval of the City Council. license, or upon withdrawal of ap-
date for renewal; if, in the case of a The insurer on such liability Insurance plication before the approval of
partnership, the managing partner is policy shall be duly licensed to do
not a resident of the TWA Cities business in the State of Minnesota, and Issuance by the City Council, the
license fee shall be refunded to the
Metropolitan Area at the tfthe o .the the insurance policy shall be a
P Y applicant. The fee for a license
renewal; or in the case of a c the City as to form and execution by the City granted after the commencement
poration, if the manager is t a Attorney. Such liability insurance year shall be prorated on a monthly
resident of the twin I policy shall be in the amount of not basis.
Metropolitan Area at 1h tima�,;i ATTORNEY less than $10,000 coverage for one Section 2. Chapter 23 of the City
date of renewal The TWIN i person and $20,000 coverage for more Ordinances is hereby amended as
METROPOLITAN AREA is de .s than one person, and shall specifically follows:
being comprised of the counties of provide for the
payment by the in- Section 23.010.
Anoka, Carver, Dakota, Hennepin, surance company on behalf of the Type of License--On Sale Wine
Ramsey, Scott and Washington. insured of all sums which the insured Required by Section -11 -507
10. No perser shall own an interest shall become obligated to pay by License Expires —Dec. 31
in more than one estabrishment or .reason of liability imposed upon him Fee (annual unless otherwise stated
business within Brooklyn Center for by law for injuries or damages to 2,000.00
which an "on sale liquor" or an "on persons other than employees, in- Section 3. This ordinance shall
sale wine" license has been granted. cluding the liability imposed upon the become effective after adoption and
The term "interest' as used in this insured by reason of Section 340.95,
section includes any pecuniary inter FILED Minnesota Statutes. Such liability upon thirty (30) days following its
legal publication.
est in ownership, operation, man- insurance policy shall further provide Adopted this .:ay of
agement or profits of a retail liquor that no cancellation for any cause can 1979.
establishment, but does not include be made either by the insured or the
bona fide loans; bona fide fixed sum insurance company without first Mayor
rental agreements; bona fide open ac- giving 10 days' notice to the City in ATTEST:
counts or other obligations held with writing of Intention to cancel the Clerk
or without security arising out of the same, addressed to the City Clerk. Date Published
ordinary and regular course of BROOKLYN CENTER POST Further, it shall provide that no Effective Datc
business of selling or leasing mer- payment of any claim by the in- (Brackets indicate matter to be
chandise, fixtures or supplies to such surance company shall, in any deleted, boldface indicates new
establishment; or an interest of 10 manner, decrease the coverage matter.)
percent or less in any corporation 1c� 1 provided for in respect to any other (Published in the Brooklyn Center
holding a license. A person who claim or claims brought against the Post May 2A, 1979.)
received monies from time to time insured or company thereafter. Such
directly or indirectly from a licensee, Policy shall be conditioned that the
in the absence of a ,bona fide con- insurer shall pay, to the extent of the
sideration therefor and excluding principal amount of the policy, any
bona fide gifts or donations, shall be damages for death or injury caused
deemed to have a pecuniary interest in by, or resulting from the violation of
such retail license. In determining any law relating to the business for
"bona fide" the reasonable value of which such license has been granted.
the goods or things received as con- The licensee and the City shall be
sideration for any payment by the named as joint insureds on the liability
licensee and all other facts reasonably insurance policy.
tending to prove or disprove the
I