HomeMy WebLinkAbout1969-24 09-22 CCO CITY OF BROOKLYN CENTER
ORDINANCE NO. 69 -24
AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES
BY REPEALING PORTIONS THEREOF AND BY ADDING PORTIONS
THERETO
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1: Chapter 11 of the City Ordinances is hereby amended by the
repeal of the following:
(AN ORDINANCE RELATING TO LICENSING AND REGULATING
THE USE AND SALE OF INTOXICATING LIQUORS BY CLUBS
AND TO PROVIDE PENALTIES FOR VIOLATIONS)
( Section 11 -501. DEFINITIONS.
a) The term "club" shall mean and include any corporation duly organized
under the laws of the State of Minnesota for civic, fraternal, social or business
purposes or for intellectual improvement or for the promotion of sports, which
shall have more than fifty members, and which shall for more than a year have
owned, hired or leased a building or space in a building of such extent and
character as may be suitable and adequate for the reasonable and comfortable
f accommodation of its members, and whose affairs and management are conducted
by a board of directors, executive committee, or other similar body chosen by
the members at a meeting held for that purpose, none of whose members, officers,
agents, or employees are paid directly or indirectly any compensation by way of
profit from the distribution or sale of beverages to the members of the club
beyond the amount of such reasonable salary or wages as may be fixed and
voted each year by the directors or other governing body.
b) The term "person" shall mean and include a natural person of either sex,
persons, co- partnerships, corporation s „and associations of any persons, and
shall include the agent or manager of any of the aforesaid. The singular member
shall include the plural, and the masculine pronoun shall include the feminine
and neuter.)
(Section 11 -502. LICENSE REQUIRED. No person shall sell, deal
in, or dispose of by gift, sale, or otherwise any liquor without first having
obtained a license so to do from the Village Council; provided, however, that
this section shall not prohibit the giving or serving thereof to guests in a
private home, shall not prohibit the sale thereof by a manufacturer or distributor
to a person holding a license hereunder, and shall in no way affect the operation
of the municipal liquor stores.)
(Section 11 -503. LICENSES -- KIND AND TO WHOM ISSUED. "On -sale
licenses only may be issued to clubs as above defined and shall permit the sale
of liquor to club members only for consumption on the premises.)
(Section 11 -504. APPLICATIONS FOR LICENSES. All applications
for a license hereunder shall be made on forms to be supplied by the Village
setting forlth all information necessary to show whether or not the club qualifies
for such a'Ilicense under this ordinance, together with such additional information
as may be by the Village Council.)
(Section 11 -505. LICENSE FEES AND LIABILITY INSURANCE. All
applications for licenses shall be accompanied by a receipt from the Village
Clerk for the required annual fee of the license. The fee for said license for
one year shall be one hundred dollars ($100.00) . All applications shall also
be accompanied by a liability insurance policy which shall be in the amount of
ten thousa' d dollars ($10, 000) coverage for one person and twenty thousand
dollars ($�0, 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 the insured shall become obligated to pay by reason of liability imposed
upon it bylJaw for injury or damage to persons other than employees, including
the liability imposed upon the insured by Minnesota Statutes Section 340.95.
Such liability insurance policy shall contain such other and additional provisions
as provided by Minnesota Statutes Section 340.12.)
(All licenses shall expire on the last day of December in the year in which said
license is lissued. A fee for the renewal of any license issued under this
ordinance ,shall be paid to the Village Clerk prior to the first day of January of
the year for which said license fee is required, and in the event that said
payment is made after said date, the license fee established by this ordinance
shall be increased ten per cent (10 %) for each month or portion thereof which has
elapsed since said date.)
(Section 11 -506. APPLICATIONS INVESTIGATED. The Village Council
shall cause an investigation to be made of all facts set forth in the application.
Opportunity shall be given to any person to be heard for or against the granting
of any license. After such investigation of the application, a license may be
granted orlrefused at the discretion of the Village Council.)
(Section 11 -507. TERMS AND CONDITIONS OF LICENSES. All
licenses granted hereunder shall be issued subject to the following conditions,
and all other conditions of this ordinance, and subject to all other ordinances
of the Village applicable thereto:
a) The license shall be posted at all times in a conspicuous place on the
licensed premises.
b) No sale of any liquor will be made to any person under guardianship nor
to any person under 21 years of age.
c) No gambling nor any gambling device prohibited by law shall be permitted
in any licensed premises.
d) All licenses granted under this ordinance shall be issued to the applicant
only and shall be issued for the premises designated in the application. Such
license shall not be transferred to another place without the approval of the
licensing all
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Section 11: 507 (continued)
( e) No license shall be granted within six hundred feet (6009 of any public
school nor, within six hundred feet (600') of any church.
f) The licensed premises shall be open to inspection by any police or health
officer or Other properly designated officer or employee of the Village at any
time during which the club shall be open to its members for business.
g) The sale of intoxicating liquor under such license is restricted to members
of the club which holds the license.
h) The licensee shall strictly observe all of the laws relative to the "on- sale"
of intoxicating liquor as set forth in the Minnesota Statutes, together with all
the rules and regulations of the State Liquor Control Commission insofar as they
are applicable.
i) The liability insurance policy as required by this ordinance shall be in full
force and effect during the term of any license granted hereunder.)
(Section 11 -508. SALES TO INTOXICATED PERSONS PROHIBITED.
No licensee shall sell or serve such malt liquor to any intoxicated person or
persons or, permit any intoxicated person or persons to remain upon the premises
occupied b the holder of such license.)
(Section 11 -509. DISORDERLY CONDUCT PROHIBITED. No person
or persona shall conduct himself or themselves in a disorderly or boisterous
manner upon the premises of a licensee holding an "on- sale" license, nor
shall such) licensee permit or suffer such conduct upon such licensed premises.)
( Section 11 -510. REVOCATION OF LICENSES. Any license granted
hereunder may be revoked by the Village Council for cause. Cause for revocation
shall be violation by the licensee or its employees of any law of the State of
Minnesota) relating to intoxicating liquor or violation by the licensee or its
employees) of any provision or condition of this ordinance. A license shall be
deemed revoked upon the passage by the Village Council of a resolution to that
effect, and no portion of the license fee paid shall be returned upon revocation.)
(Section 11 -511, REPEAL. All ordinances or parts of ordinances of
this Village inconsistent herewith are hereby repealed. No provision hereof
shall affect the municipal liquor stores.)
(Section 11 -512. PENALTIES. Any person violating any of the
provisions', of this ordinance shall be guilty of a misdemeanor, and upon convic-
tion thereof, shall be punished by a fine of not more than one hundred dollars
($100) or imprisonment in the County jail for not more than ninety (90) days.)
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Section 2: Chapter 11 of the City Ordinances is hereby amended by the
• addition of the following:
AN ORDINANCE RELATING TO LICENSING AND REGULATING THE
USE AND SALE OF INTOXICATING LIQUOR
Section 11 -501. DEFINITION OF TERMS.
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1. The term "intoxicating liquor" shall mean and include ethyl alcohol and
include distilled, fermented, spiritous, vinou .5, and malt beverages containing
in excess of 3.2% of alcohol by weight.
2. The germs "sale " and "sell" mean and include all barters and all manners
or means of furnishing intoxicating liquor or liquors as above described in viola-
tion or evasion of law.
3. The term "off sale" means the sale of intoxicating liquor in the original
Package in' retail stores for consumption off or away from the premises where
sold.
4. The term "on sale" means the sale of intoxicating liquor by the glass, or
by the drink for consumption on the premises only.
• 5. The term "wholesale" means and includes any sale for purposes of resale,
The term "wholesaler" means any person engaged in the business of selling
intoxicating liquor to retail dealers.
6. The term "manufacturer" includes every person who, by any process of
manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by
the combination of different materials, prepares or produces intoxicating liquors
for sale.
7. As used in this ordinance the term "person" includes a natural person of
either sex, co- partnership, corporation and association of persons and the agent
or manager 'of any of the aforesaid. The singular number includes the plural and
the masculine pronoun includes the feminine and neuter.
8. The terms "package" or "original package" means any corked or sealed con-
tainer or receptacle holding intoxicating liquor.
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Section 11 -501 (continued)
• 9. The term "hotel"
means and includes any establishment having a resident
proprietor or manager, where, in consideration of payment therefor, food and
lodging are regularly furnished to transients, which maintains for the use of its
guests not less than 100 guest rooms with bedding and other usual, suitable and
necessary furnishings in each room, which is provided at the main entrance with
a suitable lobby, desk, and office for the registration of its guests on the ground
floor, which employs an adequate staff to provide suitable and usual service, and
which maintains under the same management and control as the rest of the establish-
ment and has, as an integral part thereof, a dining room with appropriate facilities
for seating not less than 100 guests at one time, where the general public are, in
consideration of payment therefor, served with meals at tables.
10. The term "restaurant" means any establishment, other than hotel, under
the control of a single proprietor or manager, having appropriate facilities .to
serve meals and for seating not less than 150 guests at one time, and where in
consideration of payment therefor, meals are regularly served at tables to the
general public, and which emplovs an adequate staff to provide the usual and
suitable service to its guests, and the principal part of the business of which is
the serving of foods.
11. The term "club" means and includes any corporation duly organized under
• the laws of the State for civic, fraternal, social or business purposes or for
intellectuall, improvement or for the promotion of sports which has been in existence
for more than 15 years, and any congressionally chartered veterans' organization
which has been in existence for more than 10 years prior to Tanuary 1, 1961, which
shall have more than fifty members, and which shall, for more than a year have
owned, hired, or leased a building or space in a building of such extent and
character as may be suitable and adequate for the reasonable and comfortable
accomodation of its members and whose affairs and management are conducted
by a board of directors, executive committee, or other similar bodv chosen by the
members at a meeting held for that purpose, none of whose members, officers,
agents or employees are paid directly or indirectly any compensation by way of
profit from the distribution or sale of beverages to the members of the club or to
its quests, bevond the amount of such reasonable salary or wages as may be fixed
and voted each vear by the directors or other governing body.
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Section 11 -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 kinds: "On Sale" and "On Sale Club".
2. "On Sale" licenses shall be issued only to hotels and restaurants.
3. "On Sale Club" licenses shall be issued only to clubs.
Section 11 -503. NUMBER OF LICENSES ISSUED. It is hereby declared
to be the public policy of the City of Brooklyn Center to issue one less "on sale"
liquor license than authorized by state laws and to thereby avoid the abandonment
of the municipal "off sale" liquor store operations. Unless otherwise authorized
by a majority of voters voting on the question at a special election call for such
purpose, the City Council shall not issue the maximum number of liquor licenses
authorized by Minnesota Statutes 340 :353 as amended by Senate File 271, 1969
Minnesota Legislature.
Section 11 -504. APPLICATIONS FOR LICENSE. Every application for a
license to sell intoxicating liquor shall be verified and filed with the City Clerk.
In addition to the information which may be required by the State Liquor Control
Commissioner's form, the application shall contain the following:
• 1. Whether the applicant is a natural P erson, corporation, partnership or other
form of organization.
2. Type of license applicant seeks.
3. If the applicant is a natural person, the following information-
A. True name, place and date of birth, and street resident address
of applicant.
B. Whether applicant has ever used or been known by a name other
than his true name and, if so, what was such name, or names,
and information concerning dates and places where used .
C. The name of the business if it is to be conducted under a designation,
name or style other than the full individual name of the applicant; in
such case a copy of the certification, as required by Chapter 333,
Minnesota Statutes, certified by the Clerk of the District Court, shall
be attached to the application.
D. Whether applicant is married or single, If married, true name, place and
date of birth and street residence address of applicant's present spouse.
E. Whether applicant and present spouse are registered voters and if so, where.
F. Street address at which applicant and present spouse have lived during
the preceding ten years.
Section 11 -j504 (continued)
G. Kind, name and location of every business or occupation applicant
• car present spouse have been engaged in during the preceding ten years.
H. Names and addresses of applicant's and spouse's employers and
Partners, if any, for the preceding ten years.
I. Whether applicant or his spouse, or a parent, brother, sister or child
of either of them, has ever been convicted of any felony, crime or
violation of any ordinance, other than traffic. If so, the applicant shall
furnish information as to the time, place and offense for which con-
victions were had.
T. Whether applicant or his spouse, or a parent, brother, sister or child
of either of them has ever been engaged as an employee or in operating
a saloon, hotel, restaurant, cafe, tavern or other business of a similar
mature. If so, applicant shall furnish information as to the time, place
and length of time.
K. Whether applicant has ever been in military service, If so, applicant
shall, upon request, exhibit all discharges.
L. The name, address and business address of each person who is engaged
in Minnesota in the business of selling, manufacturing or distributing
• intoxicating liquor and who is nearer of kin to the applicant or his
spouse than second cousin, whether of the whole or half blood, computed
by the rules of civil law, or who is a brother -in -law or sister -in -law of the
applicant or his spouse.
4. If the applicant is a partnership, the names and addresses of all partners
and all information concerning each partner as is required of a single applicant in
Subsection 3 above. A managing partner, or partners, shall be designated. The
interest of each partner in the business shall be disclosed. A true copy of the
Partnership , agreement shall be submitted with the application and, if the partnership
is required to file a certificate as to a trade name under the provisions of Chapter 333,
Minnesota Statutes, a copy of such certificate certified by the Clerk of District
Court shall, be attached to the application.
5. If the applicant is a corporation or other organization and is applying for
an "on sale" license, the following:
A. Name, and if incorporated, the state of incorporation.
B. A true copy of Certificate of Incorporation, Articles of Incorporation or
Association Agreement and By -Laws and if a fore ign a
Certificate of Authority as described in Chapter 303, Minnesota Statutes.
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C. The name of the manager or proprietor or other agent in charge of the
premises to be licensed, giving all the information about said person
as is required of a single applicant in Subsection 3 above.
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Section 11 -1504 (continued)
• D. Notwithstanding the definition of interest as given in Section 11 -509
Subdivision 10, the application shall contain a list of all persons who,
singly or together with their spouse, or a parent, brother, sister or child
or either of them, own or control an interest in said corporation or
association in excess of 5% or who are officers of said corporation or
association, together with their addresses and all information as is
required of a single app licant in Subsection 3 above.
6. If the application is_ for, an "On Sale Club" license, the following information:
A. The name of the club.
B. Date that club was first incorporated. True copies of the Articles of
Incorporation, By -Laws and the names and street addresses of all
officers, executive committee and board of directors shall be submitted.
C. A sworn statement that the club has been in existence for more than fifteen
years or, in the event that the applicant is a congressionally chartered
veteran's organization, in existence for more than ten years prior to
January 1, 1961. The statement shall be made by a person who has
personal knowledge of the facts stated therein. In the event that no
person can make such a statement, satisfactory documentary proof may,
be submitted in support of such facts.
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D. The number of members.
E. The name of the manager, proprietor or other person who shall be in
charge of the licensed premises together with the same information
concerning such person as is required of a single applicant for an
"on sale" license as is set forth in Subsection 3 above.
7. The exact legal description of the premises to be licensed together with a
plot plan of the area showing dimensions and location of buildings.
8. An applicant for an "on sale" license shall submit a floor plan of the dining
room, or diming rooms, which shall be open to the public, shall show dimensions
and shall indicate the number of persons intended to be served in each of said rooms.
9. If a permit from the Federal ,government if required by the Laws of the United
States, indicate whether or not such permit has been issued, and if so required,
in what name issued and the nature of the permit.
10. The amount of the investment that the applicant has in the business,
building, premises, fixtures, furniture, stock in trade, etc. , and proof of the
source of such money.
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Section 11 -504 (continued)
11. The names and addresses of all persons , other than the applicant, who
have any financial interest in the business, buildings, premises, fixtures,
furniture, stock in trade; the nature of such interest, amount thereof, terms
for payment, or other reimbursement. This shall include, but not be limited to,
any lessees, lessors, mortgagees, mortgagors, lendors , lien holders, trustees,
trustors and persons who have cosigned notes or otherwise- loaned, pledged, or
extended security for any indebtedness of the applicant, but shall not include
persons owning or controlling less than a 5% interest in the business, if a corporation.
12. The names, residences and business addresses of three persons, residents of
the State of Minnesota, of good moral character, not related to the applicant or
financially intErested premises or business, who may be referred to as to the
applicant's character or, in the case where information is required of a manager,
the manager's character.
13. Whether or not all real estate and personal property taxes for the premises to
be licensed which are due and payable have been paid, and if not paid, the years
and amounts which are unpaid.
14. Whenever the application for an "on sale" 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 or design are on file with the Building Department, no plans need
be filed with the City Clerk.
15. Such other information as the City Council shall require.
Section 11 -505. RENEWAL APPLICATIONS. Applications for the renewal of
an existing license shall be made at least 60 days prior to the date of the expiration
of the license. If, in the judgement of the City Council, good and sufficient cause
is shown by an applicant for his failure to file for a renewal within the time provided,
the City Council may, if the other provisions of this ordinance are complied with, grant
the ap plication.
At the earliest practicable time after application is made for a renewal of an
"on sale" license, and in any event prior to the time that the application is
considered 'by the City Council, the applicant shall file with the City Clerk a
statement prepared by a certified public accountant that shows the total gross
sales and the total food sales of the restaurant for the twelve -month period
immediately preceding the date for filing renewal applications. A foreign corporation
shall file a current Certificate of Authority.
Section 11 -506. EXECUTION OF APPLICATION. If the application is by a
natural person, it shall be signed and sworn to by such person; if by a corporation,
• by an officer thereof; if by a partnership, by one of the partners; if by an unincor-
porated association, by the manager or managing officer thereof. If the applicant
is a partnership, the application, license and bond (or insurance policy) shall
be made and issued in the name of all partners.
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Section 11 -507. LICENSE FEES.
1. The annual license fee for "on sale" 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 $100.00.
2. The annual license fee shall be paid in full before the application for a
license is accepted. All fees shall bp, paid into the aeneral fund of tlm City.
All licenses shall expire on the last day of December of each vear. Upon
reiection �f anv application for a license. or upon withdrawal of application
before approval of the issuance by the City Council. the. license fee shall be
refunded to the applicant.
$. The fee for an "on sale" or "on sale. club" license aranted after the commence-
ment of the license vear shall be prorated on a daily basis.
4. When the license is for a premise e s wher the, building is not ready for occupancy,
the time fixed for,, computation of the license fee for the initial license period
shall b6 ninety ci$ vs after appro o f the ) GP by the City Council or u QQ1
the date the building is ready for occupancv, whichever is sooner.
5. No transfer of a licen shall be permitted from p la ne to place or person to
person with complving with the. rPCniirPments of an original application except
as provid d by Subd. 9 of this Section.
• 6. No part of th e fep nail for any lice.nGe. issued under this ordinance shall be
refunded except in the followina instances upon application to the Council within
30 days from the happening of the event, The Council may in its iudament refund
• pro rata portion of the fee for the unexpired period of the license, computed on
• monthl ''basis, when operatio of the licensed business ceases not less than
one month) before expiration of the license because of;
(1) destruction or damage of the licensed pr,.emises by fire or
other catastrophe.
(2) the licensee's illness.
(3) the licensee's death.
(4) a change in the leaal status of the municipality makina
it unlawful for a licensed business to continue.
7. At the time of each oriainal application for a license. except in the case of
an "on sale club" license. the app,li,cant shall pav in full an investiaatina fee.
For a sing natural person, the in vestigating fee shall be $75.00. For a partner-
s hip . the i nvest igating fee shall be $150.00 For acorporation or other associa-
tion the inves tigating fee shall be $3 00.- 00, No investigating fee shall be
refunded.
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8. At any time that an additional investigation is required because of a change
in the ownership or control of a corporation or because of an enlargement,
. alteration! or extension of premises previously licensed. the licensee shall pav
an additio�aI investigating fee in the amount of $50.00.
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Section ll1 -507 (continued)
9. WherQ a new application is filed, as a result of incorporation by an existina
• licensee and the ownership control and interest in the license are unchanaed.
no additional license fee will be reauired.
Section 11 -508. INVESTIGATION OF APPLICATIONS,
1. All aD�'alications for a license, shall, be, refPrre.d to the Chief of Police. and
to such other Cit Departments as the City Manag shall deem necessar for
verification and investiaation of the facts sot forth in the application. The
Chief of Police shall cause to be made such investiaation of the information
reauested'in Section 11 -504, Subdivision 3. as shall be necessary and shall
make a written recommendation and repgrt to the Citv Council. The Citv Council
may order and conduct sig additional investigat as it shall deem necessary_
Section 11 -509. PERSONS INFI,IG1BLE FOR LICENSE. No license shall
be granted to or held by anv person;
1. Under 21 years of age.
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2. Who its not of aood moral character.
3. Who. if an individual. is an alien.
4. Who has been convicted within 15 vears prior to the application for such
license. o''f anv wilful vio lation of any law of the United States . the State of
Minnesota . or anv other State or Territory, or of any local ordinance reaardina
the manufacture sale, distribution or possession for sale or distribution of
intoxicatina liauor. . or whose liquor license ho, s been revoked for anv wilful
violation of anv law or ordinance.
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5. Who is a manufacturer o wholesaler of intoxicating liquo and no manu-
facturer or II wholesaler shall either directly or indirectly own or control or
have anv Financia interest in any retail busin sPll,inq intoxicating liauor
6. Who is directly or indirectly interested in anv other establishment in the
Citv of Brooklvn Center to which an "on sale" license has been issued under
this ordinance.
7. Who, if a corporation. does not have a manaaer who is eligible Dursuant
to the Drovisions of this section.
8. Who is the suouse. of a per, son inp.liaible. for a license Dursuant to the Dro-
visions ofSubd. 4. 5, or 6 of this section or who, in the iudament of the Citv
Council, is not the real party in interest or beneficial owner of the business
operated, n or to be operated. under the license.
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Section 11509 (continued)
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9. An "on sale" license will not be renewed if, in the case of an individual.
• the license is not a reside of the Twin Cities Metrop olitan Area at the time of the
date for re ewal: if. in the case of a partnership. the manaaina partner is not a
resident o the Twin Cities Metropolitan. Area at the time of the renewal; or in the
case of a qorDoratio if the manager is not a , resid of the T win Cities Metropolitan
Area at thF' time of the date of re.nPwal. The TWIN CITIES METROPOLITAN AREA is
defined as beina r_.om -rised of the counties of Anoka, Carver. Dakota. Hennepin
Ramsev, , Scott and Wa shinaton .
10. No person shall own an inte in mo re than one establishment or business
within Brooklvn Center for which an "on sale" license has been aranted. The
term "interest" as used in this section includes anv pecuniary interest in the
ownership, operation. manaae.ment or profits of a retail liauor establishment.
but does not include bona fide. loans. k?ona fide fixed sum rental aareements;
bona fide open accounts or other obliaations held with or without security arisina
out of the ordinary and reaular course of business of sellina or leasing merchandise,
fixtures or supplies to such establishment: or an interest of 10 per cent or less
in anv core oration holding a license A person who receives mone from time to
time directly or indirectly from a licensee. in the abgpnce of a bona fide con-
sideration therefor and exrludina bona fide aifts or "donations. shall be deemed
to have a pecuniar interest in such retail license. In determinina "bona fide"
the reasonable value o the goods or things re ceived as consideration for any
pavment b the licensee and all other, facts reasonablv tendina to prove or dis-
prove the xistence of an purposeful scheme or arrangement to evade the pro-
hibitions of this section shall be considered.
Section 11 -510. PLACES INELIGIBLE FOR LICENSE.
1. No license shall be era npAe 3,, or rCnYwed_ for operation on anv premises. on
which taxes. assessm or other financial cl aims of the Citv or of the State
are due. d'elinau or unpaid. In the ev ent am action has been commenced
pursuant to the provisions o Chapter 278 Minnesota Statu auestionina t_ h
amount or 'validit of taxes, the Cou may, on ap plication by the licensee,
waive strut com pliance with this provisio no waiver may be g ranted, however.
for taxes or anv portion thereof, which remain unpaid for a period exceedina one
vear after Ibecomina due.
2. No license shall be issued for the premises owned by a person to whom a
license may not be aranted under this ordinance. except anv owner who is a
minor, ali n . or a person who has been convicted of a crime other than a
violation of Minnesota Statutes. Sections 340.07 throuah 340.39.
3. No "on sale" license shall be aranted for a restaurant that does not have a
dining area . open to the aeneral public. with a total minimum floor area of
1800 sauare feet or for a hotel that does not have a dining area. open to the
• general pul with a total minimum floor area of 1200 sauare feet.
4. No license shall be granted for anv plane which has a common entrance or
exit between anv two establishments except that a public concourse or public
lobbv shall not be construed as a common entrance or exit.
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Section 11 -511. CONDITIONS OF LICENSE,
1. Everr license shall be granted subject to the conditions of the followina
• subdivisions and all other s, ubdi`ri.sions of this ordinance and of anv other
applicable ordinance of the Citv or State law.
2. The license shall be, oo,stpd, i,n a conspicuous place in the licensed
establishment at all times.
3. An pplice officer, building inspector, or any emplo so desianated by
the Citv Manaa shall have the unqualified right to enter inspect and search
the premises of the licensee durina business hours without a warrant,
4. Every licensee shall be responsible for the conduct of his place of business
and the conditions of sobriety and order in the place of business and on the
premises.
5. No "on sale" licenses shall sell intoxicatina liauor "off sale".
6. No license shall be effPC:t.i.ve, bevond the space named in the license for
which it was granted.
7. No intoxicatina liauor shall be. sold or furnished or delivered to anv intoxicated
person. to anv habitual drunkard, to any person under 21 years of aag. or to anv
person,to wh sale is prohib by State law.
• 8. No person under 21 years of aaP shall. be emploved in anv rooms constitutina
the place �n which intoxi lia uors fire, 561.d at retail "on sale". except that
Persons udder 2] _Years of age may be employed to perform the duties of a busboy_
or dishwa�hina services in places defined as a restaurant or hotel or motel serving
food in rooms in which intoxicatina liauors are sold at retail "on sale".
9. No equipment or fixture in anv licensed place shall be owned in whole or in
part by any manu facturer or distill.Pr of intoxi liq uor except such as shall
be expres I lv permitted by State Law.
10. N license shall sell, offer for sale. or keep for sale, intoxicating liquors
from anv driainal oackaae which has been refilled or partly refilled. No licensee
shall dire�t or through any other person delet or in anv manner tamper with the
contents o §Lny origin package so as to chance its composition or alcoholic
content while in the oriainal packaae. Possession on the premises by the licensee
of anv intoxicatina liauor in the oriainal packaae differina in composition or
alcoholic ontent in the liauor when received from the manufacturer or wholesaler
from who it wa purchased, s hall hp prima facie evid ence that the contents of
the original packaae have been diluted. chanced or tampered with.
11. No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's
. special to stamp or a Federal aamblina stamp.
12. No licensee shall keep ethvl alcohol or neutral spirits on his licensed
premises or permit thei » e on t prem ises as a beveraae or mixed with a
beverage .
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Section 11511 (continued)
13. The business records of the lice inrha, Federa and State tax returns
shall be available for inspection by the City Manaaer. or other duly authoriz(ad
representative of the City at all reasonable times.
14. Chana,es in the c orporate or as gogj,ation offirPr cor oorate charter, articles
of incoroo by -laws or n artnerG a,
hip agreement s t!: ,R rase may be, shall
be submitted to the City Clerk within 30 days after such chanaes are made In
the case of a corporation, th licensee s hall n r)tify the Citv Q(-rk when a person
not listed din t applicati ac quires an interest which, toa Pther with that of his
spouse, parent. brother, , si StPr or Chi eHq(-,e 5 %. and shall g ive all informa-
tion about said person as is reauired of a nersgn p j prsuant to the provisions of
Section 11 -504. Subdivision 3. of this ordinance,
15. At the time a licensee submits his application for renewal of a license, he
shall state the nature and amoun of any contribution h e has made in the oreceedina
five years for state a nd local campaian or political purposes, th person to whom
the contribution was made and the person or oraanization for whom intended.
16. A licensed re staurant shall be co nducted in s uch a rr=ner that t he principal
part of the'', business for a license year J,5 the sg of foods. A hotel shall be
conducted din such a manner that. of that part of the total business attributable
to or derivsd from the servina of foods and intoxicating liquors. the principal
part of the business for a license v(,-4r is the servina of foods.
17. No licensee shall keen. possess, or operate or permit the keepina. possession,
or o peration of any -gambling device or appara 114 nn the .I.icpnse,,d premises. and he
shall not permit anv aamblina therein.
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18. No licensee shall knowingly permit the licensed premises or anv room in
those prerrlises or anv adioinina buildina directly or indirectly under his control
to be used) as a resort for prostitutes.
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Section 11 -512. HOUR OF OPERATIO No sale of intoxicatina liauor
shall be made after I ; 00 A.M. on Sunda nor u ntil 8:00 A.M on M onday nor
between too hours of 1-0 A.M. and 3:00 P.M. on any Memorial Day nor between
the hours of 1:00 A.n Qn_ 8.00 P.M. on any primary special or aeneral election
of the City of Brooklyn C_,entPr PTO "on sale" shall be made between the hours of
1:00 A. M. and 8:00 A. M. on anv wee kday.
Section 11 -513. CLUBS. No club holdina an "on sale club" license shall
sell intoxicating liauor except to members and bona fide guests.
Section 11 -514. RESTRICTIONS ON PURCHASE AND CONSUMPTION.
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1. No person under 21 years of age shall misrepresent his aae for the purpose
of obtaining intoxicating liquor nor shall he enter anv premises licensed for the
retail sale l, of intoxicating liquor for the purpose of purchasina or havina served
or delivered to him for consuming any such intoxicatina liauor, nor shall anv
such person purchase, attempt to purchase. consume. or have another person
purchase for him anv intoxicatina liauor.
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Section 11 -514 (continued)
2. No person under 21 vears of aae shall receive delivery of intoxicatina liauor.
• 3. No peg son shall induce a person, under the aae of 21 vears to purchase or
procure orobtain intoxicatina liauor.
4. Anv person who may appear to the licensee. his emolovees or agents to be
under the ae of 21 vears shall, . upon depmand of the licensee. his emolovee or
agent. produce and permit to be examin an identification certificate issued
by an v clerk of the District Co in the Sta te of MinnPSOta pursuant to Section
626.311 tizouah 626.319. Minnesota Statutes.
5. In every prosecution for a, violation of the provisions of this ordinance
relatina to the sale or furnishing of intoxi liauor to persons under the
aae of 21 nears. and in Pvery progpp.din.a before the Qity Council with respect
thereto. the fact that the m inor involved has obtain and presented to the licensee L
his emplovee or aaent. a verified identification card issued by the Clerk of anv
District C ourt in the Sta of �innPG , from which it appears th said person
was 21 vears of aa and was regularly issued such id entification card. shall be
prima facie evidence that the ] .censPP. his aaent or emplovee is not auiltv of
a violation of such a provisio and shall be r_.gnCj. i5i evideng that a violation,
if one has occurred. was not wilful or intentional.
6. Anv parson who may appear to the licensee. his em or agent to be
under 21 ears of aa and w ho dog not have in his poss ession anv identifi-
• cation certificate as above described, may Sian and exP_ cute a statement in
writina as follows:
READ CAREFULLY BEFORE SIGNING
The followina are excerpts from the Laws of the State of Minnesota. Section
340.731 MinnP Statutes, Minors. Forbi dden Acts or Statements:
"It shall be unlawful for:
A rYZ person to misrepresent or misstate his or her age, or the age
oLany other e of in udQina any 1. r ensee, or
an emplovee of anv licensee. or anv emplovee of anv municipal
liquor store. to sell. serve or deliver anv alcoholic beveraae to
a minor;
A l✓Iinor to have in his possession anv intoxicatina liauor with
intent to consume same at a place, other than the household of
his parent or guardian. "
VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR
PUNISHABLE BY A FINE OF $300.00 OR A 90 -DAY IMPRISONMENT
OR BOTH,
Section 11 -514 (continued)
My aae is Date of Birth Place of
• Birth My address is
Dated:
Tv e of Identification
Witness
Sianed
The above :Form shall be f x rnished at the ex of 31) 1 ; re, nsPPs dssirina to
use the sarne and when mo — gerly PxPr may he, con,sid ao evidence in
anY— prosecution and by the Ci Council in a nv oroceedina before the Council
or a committee thereof rel ating to the busi ness or o perations o f the licensee.
Such forms after execution shall be kept on file by the licensee for a period of
one year.
7. No person shall give, sell, procure or purcha intoxicatina liauor to
or for any person to whom the, sale of intoxicating liquor is fo rbidden by law.
8. No intoxicating liquor shall be, consumed on a public hiahwav or in an
automobile.
Section 11 -515. LIABILITY INSURANCE.,
1. Insurance Reauired.
• At the time of filina an annlicatiQn for either an "on sale" or an "on sale club"
a
l uor license. the agplicant s file with the Citv Clgrk a liability insurance
oe lic which shall be sgbiert tQ the app, Qval of the City Coun The insurer
on such liability insurange oolicv Gh_a.11 be duly licensed to do business in the
,State of Minnesota and the insur ance policy shal be, a pproved as to form and
execution by the City at torney. Such liability insurance policy shall be in the
amount of not less than 510.000 coverage for one person and 520.000 coverage
for more than one person . a_nd, Sha specifically provide, for the payment b the
insurance comoanv on beha of the insured of all sums which the, insured shall
become obliapd to pay by reason of liability imposed upon him by law for in juries
or damaaes to persons ot tha emplovePS �i ncl ; iadina the liability i mposed up-on
the insured by reason of Section 340.95, Min nesota Statutes„ Such liability
insurance policy shall fu rther provide that no cancella for any cause can be
made eithpt by the ins or the insurance company with out first g iving 10 days'
notice tote Citv in writina of intention to cannel the same. addressed to the
Cit Clerk' Furt her, it sh all provide that no payment of any claim b the insurance
company stall, in any manner, decrease the coverage provided for in respect to
any other laim or claims Such
� ms brought against th e insured or com thereafter. S
polic shall be cond itioned t hat the insurer shall pay, to the extent of the principal
amount of the policy, any damages for death or iniur vraused bv. or resultina from
the violation of anv law rel ating to the busi ness for w hich such li cense has been
granted. the licensee and the City shall, be, named as joint insureds on the liability
• insurance policy.
Se�tion 11 -516. REVOCATION.
1. The City Council may suspend or revoke anv intoxicating liquor license
• for the vio ation of anv provision or condition of this ordinance or of anv
State law or Federal law reaulatina th,P sale of intoxicatina liauor. and shall
revoke such licen for any wilful violation which under t he laws of the State,
is arounds for mandatory revo cation, and sha ll, revot . for failure to kee the
insurance i,•eauired b Section 11 -5 1,5 in full force and effect.
Except in the case of a s uspen s ion p( -ndina a hearina on revocation, non -
mandatory revocation or sus0Qn,0Qn by the, Council shall, be oreceeded by
written notir,P to the ] oensPP and a public hearing, zm .e n o tice shall aive at
least ten days' notierP of the time and pla ce gf th hearing a nd shall state the
nature of the charges aaainst the licensee. The Council may. without anv notice,
suspend arL license pendina a hearing on revoca fo ra peri not Pxceedinq
30 days ., T notice may be served upon the I qe -nsPP personally or by leaving
the same at the liCe�ns -mod premi,s?s with the person in charae thereof. No suspen-
sion after public hearina shall exceed 60 days .
Section 11 -517. PENALTII S. Anv person violatina anv provision of this
ordinance '5ha be guilty of a misdemeanor and upon conviction thereof, shall
be— punished b - fi ne of not more than ThraP Hundred (S300,00) Dollars and
imprisonm nt for not more than 90 days.
Se�tion 3: This ordinance shall become effective after adoption and
• thirty days following its legal publication.
Adopted this 22nd day of September 1969.
Mayor
ATTEST:
Clerk
Published _n the Official Newspaper August 21, 1969
Effective Date September 20, 1969
(Brackets indicate matter to be deleted, underline indicates new matter)
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