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HomeMy WebLinkAbout1969-24 08-21 AP CITY OF BROOKLYN CENTER ORDINANCE NO.— AN ORDINANCE AMENDING CHAP- TER I I OF THE CITY ORDINANCES BY REPEALING PORTIONS THEREOF AND BY ADDING - PORTIONS THERETO THE CITY COUNCIL OF THE S CITY OR- THE BROOKLYN CENTER POST OF BROOKLYN CENTER DOES OR- DAIN AS FOLLOWS: Section 1: Chapter 11 of the City (A continuation of the Brooklyn Center Press) Ordinances is hereby amended by the repeal of the following: AFFIDAVIT OF PUBLICATION (AN ORDINANCE RELATING TO LICENSING AND REGULATING THE USE AND SALE OF INTOX- ICATING LIQUORS BY CLUBS AND TO PROVIDE PENALTIES STATE OF MINNESOTA FOR VIOLATIONS) SS. (Faction 11-501, DFFINITIONS. COUNTY OF HENNEPIN a) The term "club" shall mean and Include any corporation duly organized under the laws of the State of Minne - sota for civic, fraternal, social or business purposes or for intellectual E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been Improvement or for the promotion the President of The Post Publishing Co., publisher and printer of the newspaper known as of sports, which shall have more than THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press) fifty members, and which shall for and has full knowledge of the facts herein stated as follows: more than a year have owned, hired (1) Said newspaper is printed in the English language in newspaper format and in column and or leased a building or space in a sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly building of such extent and character and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to as may be suitable and adequate for news of local interest to the community which it purports to serve and does not wholly duplicate the reasonable and comfortable accom- any other publication and is not made tip entirely of patents, plate matter and advertisements. (4) modation of its members, and whose Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 affairs and management are conducted copies regularly delivered to paying subscribers, has an average of at least 75 of its total circulation by a board of directors, executive currently paid or no more than three months in arrears and, has entry as second -class matter in its local Committee, or other similar body post - office. (5) Said newspaper purports to serve the City of Brooklyn Center chosen by the members at a meeting in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- held for that purpose, none of whose, lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of members, officers, agents, or em- subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject ployees are paid directly or indirectly to his direction and control during all such regular hours and at which time said, newspaper is printed. any compensation by way of profit (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said from the distribution or sale of bev- newspaper has complied with all the foregoing conditions for at least two years preceding the day or erages to the members of the club dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of beyond the amount of such reasonable Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed salary or wages as may be fixed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before and voted each year by the directors a notary public stating that the newspaper is a legal newspaper. or other governing body. b) The term "person" shall mean and y He further states on oath that the printed:..', l..} f...4 {1 ... d.. . ... -... ' " -- . ;',�,;'rrr- r �r, include a natural person of either sex, , persons, co-partnershtps, fa n y persons, tions, and associations ................a c...:: on of a arsons r /L1;i l;!; J ...-;;' ........... ............................... and shall include the agent or mana- ger of any of the aforesaid. The singu- lar member shall include the plural, hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and and the masculine pronoun shall in- clude the feminine and neuter.) (Section 11 -502. LICENSEREQUIR- published therein in the English language, once each week, for ....... successive weeks; that it was ED. No person shall sell, deal in, or dispose of by gift, sale, or otherwise first so published on...... ' ..:.. r.:4.r ............. . .. the..:: /..... day of... y;., :..�........ any liquor without first having ob- tained a license so to do from the Village Council; provided, however, 191_ and was thereafter printed and published on every .......................... to and including that this section shall not prohibit the giving servingthereofto guests in a private to home, shall not prohibit the.......... day of .......................... 19.... and that the following is a printed copy of the the sale thereof by a manufacturer or distributor to a person holding a lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and license hereunder, and shall in no way affect the operation of the municipal liquor stores.) kind of type used in the composition and publication of said notice, to wit: R (Section 11 -503. LICENSES —KIND AND TO WHOM ISSUED. "On -sale abcdefghijklmnopgrstuvwxyz -6 pt. Newstext licenses only may be issued to clubs abcdefghijklmnopgrstuvwxyz -7 /z pt. Excelsior as above defined and shall permit the abcdef hi klmno rstuvwX z -7 Memphis Bold sale of liquor to club members only 5 ] Pal Y P 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 forth all information neces- ................................... ...:.::'....................... sary to show whether or not the club qualifies for such a license under this ordinance, together with such addi- Subscribed and sworn to before tional information as may be required by the Village Council.) 4 S a ._IICENSE FEES :..............day of.:::'.��,-: ::: �..........A.D., 19.`:.... Section 11 -50. me this LIABILITY INSURANCE. All ap- lications for licenses shall be accom- 1 panied by a receipt from the Village / Cl erk for the required annual fee of ......................................... ..:..................... the license. The fee for said license for one year shall be one hundred (NOTARIAL SEAL) dollars ($100.00). All applications shall also be accompanied by a liability insurance policy which shall be in the Notary Public . ........................County, Minnesota amount oftenthousand dollars ($10,000) coverage for one person and twenty thousand dollars ($20,000) coverage My Commission Expires ......... ................19...... 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 in- sured .shall become obligated to pay by reason of liability imposed upon it Nn . ................ Affidavit of Publication or Published is THE BROOKLYN CENTER POST 5617 Corvallis Ave. N. MINNEAPOLIS, MINNESOTA 55429 DATE OF PUBLICATION ATTORNEY FILED THE BROOKLYN CENTER POST 11 (:) aL� by law for injury or damage topersons or its employees of any provision or 10. The term "restaurant" means C. The names of the business if other than employees, Including the condition of this ordinance. A license any establishment, other than hotel, it is to be conducted und a liability imposed upon the insured by shall be deemed revoked upon the pas- under the control of a single Droprie- designation, name or style other Minnesota Statutes Section 340.95. Such sage by the Village Council of aresolu- for or manager. having appropriate than the hill individual name of liability insurance policy shall contain tion to that effect, and no portion of facilities to serve meals and for seat- the applicant: in such a case a such other and additional provisions as the license fee paid shall be returned ing not less than 150 guests at one copy of the perttfi as re- provided by Minnesota Statutes Sec- upon revocation.) time. and where in consideration of ouired by Chapter 333, Minne - tion 340.12.) (Section 11 -511. REPEAL. All or- payment therefor, meals are regularly sota Statutes. certified by the (All licenses shall expire on the last dinances or parts of ordinances of this served at tables to the general public, Clerk of the District Court. day of December in the year in which Village inconsistent herewith are here- and which employs an adequate staff shall be attached to the aopli- said license is issued. A fee for the by repealed. No provision hereof shall to provide the usual and suitable ser- catio renewal of any license issued under affect the municipal liquor stores.) vice to its guests, an the principal D. Whether applicant is married this ordinance shall be paid to the (Section 11 -512. PENALTIES. Any part of the business of which is the or single. Ifmarried. true name, Village Clerk prior to the first day Person violating any of the provisions serving of foods. place and date of birth and of January of the year for which said of this ordinance shall be guilty of a 11. The term "club" means and in- street residence address Wan- license fee is required, and in the misdemeanor, and upon conviction cludes any corporation duly organized plicant's oresent spousg. event that said payment is made after thereof, shall be punished by a fine under the laws of the State for civic. E. Whether applicant and Dresent said date, the license fee established of not more than one hundred dollars fraternal, social or business purposes spouse are registered voters by this ordinance shall be increased '$100) or imprisonment in the County or for intellectual improvement or for and if so, where. ten per cent (10 0 1 o ) for each month Jail for not more than ninety (90) the promotion of sports which has F. Sheet address at which apDli- or portion thereof which has elapsed days.) been in existence for more than 15 cant and present spouse have since said date.) Section 2: Chapter 11 of the City years. and :u cong ressionaljx phar- lived during the preceding ten (Section 11 -506. APPLICATIONS Ordinances is hereby amended by the tered veterans' organization which has years. INVESTIGATED. The Village Council addition of the following: been in existence for more than 10 G. Kind, name and location of every shall cause an investigation to be made AN ORDINANCE RELATING TO Years prior to January_ 1, 1961, which business or occupationapalicant of all facts set forth in the application. LICENSING AND REGULATING shall have more than fifty members. or present spouse have been Opportunity shall be given to any per- THE USE AND SALE OF INTOX- and which shall. for more than a year engaged in during the preceding son to be heard for or against the ICATING LIQUOR have owned, hired, or leased a build- ten years. granting of any license. After such Section 11 -501. DEFINITION OF ing or space in a building of such ex- H. Names and addresses of aPpli- investigation of the application, a Ii- TERMS. tent and character as may be suitable cant's and spouse's employers tense may be granted or refused at the 1. The term "intoxicating liquor" and adequate for the reasonable and and partners, if any, for the discretion of the Village Council.) shall mean and include ethyl alcohol comfortable accomodation of its mem- preceding ten years. (Section 11 -507. TERMS ANDCON- and include distilled,, fermented. sniri- bers and whose affairs and manage- I. Whether applicant or his spouse, DITIONS OF LICENSES. All licenses tons, vinous and malt beverages con- ment are conducted by a board of or a parent, brother, sister or granted hereunder shall be issued sub - tafning in excess of 3.2% of alcohol 'directors, executive committee, or child of either of them, has ever ject to the following conditions, and b wY ght• other similar body chosen by the mem- been convicted of any felony, all other conditions of this ordinance, , The terms "sale" and "sell" bers at a meeting held for that our- crime or violation of any ordi- and subject to all other ordinances of mean and include all barters and all pose, none of whose members, officers, nance. other than traffic. If so, the Village applicable thereto: manners or means of furnishing in- agents or employees are paid directly the applicant shall furnish in- a) The license shall be posted at all toxicating liguor or liquors as above or indirectly any compensation by way formation as to the time, place times in a conspicuous place on the described in violation pl evasion of of profit from the distribution or sale and offense for which convictions licensed premises, law. of beverages to the members of the were had. b) No sale of any liquor will be made 3. The term "off sale" means the club or to its guests, beyond the J. Whether applicant or his spouse. to any person under guardianship nor sale of Intoxicating liquor in the origi- amount of such reasonable salary or or a parent, brother. sister or to any person under 21 years of age. nal package In retail stores for con- wages as may be fixed and voted child of either of them has ever e) No gambling nor any gambling de- sumptfon off or away from the premises each year by the directors or other, been engaged as an employee or vice prohibited by law shall be per- where sold, governing body. in operating a saloon. hgtq, milted in any licensed premises. 4. tie to ;m "on sale" means the Section 11 -502. LICENSE REOUIR -_ restaurant cafe. tavernoraher d) All licenses granted under this sale of intoxicating liauor by theglass. E1 business of a similar nature. , rdinance shall be issued to the appli- or by the drink for consumption on 1. No person except wholesalers If so. applicant shall furnish :ant only and shall be issued for the the premises only. 'or manufacturers to the extent author- information as to the time. Dlace )remises designated in the applica- 5. The term "wholesale' means and ized under State License. and except and length of time. tion. Such license shall not be trans- includes any sale for purposes or re- the municipal liquor dispensary, shall K. Whether applicant has ever been ferred to another place without the sale. The term "wholesaler" means directly or indirectly deal in, sell, in military service. N so,_aDDli- approval of the licensing authority.) any person engaged in the business or keep for sale any intoxicating ' ii- cant shall, upon request, ex- 3) No license shall be granted within of selling intoxicating liquor to retail gnor without first having, received a hibit all discharges. six hundred feet (600 of any public dealers. license to do so as provided in this L. The name. address and busi- school nor within six hundred feet 6. The term "manufacturer" in- ordinance. Licenses shall be of two ness address of each person '600 of any church. cludes every person who. by any pro- kinds: "On Sale" and "On Sale Club ". who is engaged in Minnesota in The licensed premises shall be open cess of manufacture, fermenting brew- 2. "On Sale" licenses shall be is- the business of selling, manu - to inspection by any police or health ing. distilling. refining. r. IfvIng, sued only to hotels and restaurants. facturing or distributing intoxi- officer or other properly designated blending. or by the combination of 3. "On Sale Club" licenses shall cating liquor and who is nearer officer or employee of the Village different materials. prepares or pro- be issued only to clubs. of kin to the applicant or his at any time during which the club duces intoxicating liquors for sale. Section 11 -503. NUMBER OF LI- spouse than second cousin, shall be open to its members for busi- 7. As used in this ordinance the CTNSE: ISSUED. It is hereby declared whether of the whole or half ness. term " to be the public oolicy of the City blood, comp b y the rules of g) The sale of Intoxicating liquor person" includes a natural per- ut g q son of either sex, co- partnership. - 'of Brooklyn Center to issue one less civil law. or who is a broih poraiion and associat er- such license is restricted to members "on sale" liquor license than auth- in -law or sister -in -law of the of the club which holds the license, ion of persons and the agent or m rot an of orized by state laws and to thereby applicant or his spouse. h) The licensee shall strictly observe the aforesaid. The singula r number avoid the abandonment of the mtmictbai 4. If the applicant is a partner - all of the laws relative to the "on- includes the plural and the masculine "off sale" liquor store operations. ship. the names and addresses of all sale" of intoxicating liquor as set pronoun includes the feminine and neu- Unless otherwise authorized by a ma- forth in the Minnesota Statutes, to p partners and all information concern - t,'2i jority of voters voting on the question in each partner as Is required of a gither with all the rules and regula- 8. The terms "package" or"origl_ at a special election call for such single applicant in Subsection 3 above. tions of the State Liquor Control Com- na Pacxap" means any corked or seal- purpose, the City Council shall not A managing partner. or partners. shall mission insofar as they are applicable. ed container or receptacle holding issue the maximum number of liquor be designated. The interest 9f each i) The liability insurance policy as re- intoxicating liquor. Tfcense authoriz by Minnesota Stat- PartneF in the business shall be dis- fulf force this ordinance shall be m 9. The term "hotel' means and utes 340:353 as amended b Senate closed, A true copy_ o� the uartner- e spbmitted full force and effect during the term includes any establishment having a File 271. 1939 Minnesota Legislature. ship agreement s hall b_ of any license granted hereunder.), resident proprietor or manaeer, where. Section 11 -504. APPLICATIONS with the application and, if the bart- (Section i1 -508. SALES TO INTOX- In consideration of vavment therefor, FOR LIC F[ SF_ F.vari. application for nership is required to file a certifi- ICATED PERSONS PROHIBITED. No food and lodging are regularly furnished a license to sell intoxicating liquor licensee shall sell or serve such malt to transients, which maintains for the shall be verified and filed with the liquor to any intoxicated person or per- use of its guests not less than 100 City Clerk. In addition to the infor- sons or permit any intoxicated person guest rooms with bedding and other mation which ma 7 be required br he or persons to remain upon the premises usual, suitable and necessary furnish - State Liquor Cuntrol Commissioner's, occupied by the holder of suchlicense.) Inge in each room, which is provided form, the application shall contain the (Section 11 -509. DISORDERLY at the main entrance with a suitable following: CONDUCT PROHIBITED, No person lobby, desk, and office for the reefs- 1. Whether the aDolicant is a natural or persons shall conduct himself or j ;align of its guests on the ground person, corporation, partnership or themselves in a disorderly or bgis- floor. which emDlovs an adequate staff other form of organization. serous manner upon the premises of a to provide suitable and usual service. p 9 2. TvDe of license a .ant a tic. licensee, holding an "on sale" license, and which maintains under the same 3. If the applicant is a natural nor shall such licensee permit or suffer r the following nformation: such conduct upon such licensed rem- management and control as the rest A. son T glace and date of p P of the establishment and has, as an True name, ises, berth, and street resident ad -, with approprite facilities (Section 11 -510. REVOCATION OF integral part to faci lities i for dining room dress of applicant. LICENSES. Any license granted here- aor seating B. Whether applicant has every under ma be revoked b y the Villa not less than 100 guests at one time, y 3 ge where the general public are, in con- used or been known by a name Council for cause. Cause for revoca- consideration of payment therefor, other than his true name, and, served with meals at tables. tion shall be violation by the licensee if so, what was such name, or or its employees of any law of the names, and information con - State of Minnesota relating tointoxica- cerning dates and places where ting liquor or violation by the licensee su ed. Cate as to a trade name under the This shall include, but not be limited initial license Period shall be ninety g provisions o Chanter 333. Minnesota to, any lessees, lessors, mortagees, days after approval of the license by 7• Who. if a corporation, does not Statutes a copy of such certificate mortgagors, lenders. lien holders. the City Council or upon the date the have a manager who is eligible s certifie4 by the Clerk q£ Districtr<(ur4 trustees, trusters and persons who have building is ready for occupancy, which• pursuant to the provisions of cost ne noes or otherwise loaned, ever is sooner. this section. shall be attached d t to the application. g 8. Who is the spouse of a person pledged or extended security for an 5. It the applicant 5 o transfer of a license shall is a corporation z Y Y . N ineligible for a license or other organization and is applvltiv� indebtedness of the applicant. but shall be permitted from place to place or g P no in to the provisions of Subd. 4. 5. for an "on t elude persons owning or con- son without complying n sale" license. the follow - person to per p yl g Ing: trolling less than a 5 %r, interest in the with the requirements o+ an original or 6 of this section or who. in A. Name, and if incorporated. the business, if a corporation. application except as provided by Subd. the iudzment of the City Council. 12. The names residences and bus- is not the real party in interest or state of incorporation. e 9 of this - Section. beneficial owner of the business B. A true copy of Certificate of iness addresses of three persons, res- Incorporation. Articles of in idents of the State of Minnesota, of 6. No part of the fee Paid for any operated, or to be operated. under corporation or Association good moral character,_ not related to license issued under this ordinance the license. Agreement and By -Laws and if a the applicant or financially interested shall be refunded except in the fol- 9. An "on sale" license will not be foreign corporation. a Certifi- in the premises or business, who may lowing instances upon application to renewed if, in the case of a4 in- Cate of Authority as described be referrred to as to the aonllcanNS the Council within 30 days from the dividual, the licensee is not a in Chapter 303. Minnesota Sta- character or, in th ac wh r in- happening of the event. The Council resident of the Twin Cities Met - tutes, formation is required of a manager. may in its iudgement refund a pro ropolitan Area at the time of the C. The name of the manager or the manager's character. rata portion of the fee for the un- date for renewal; if, in the case Proprietor or other agent in 13. Whether or not all real estate expired period of the license, com -• of a partnership, the managing, charge of the premises to be and personal property taxes for tha puted on a monthly basis, when opera- partner is not a resident of licensed, giving all the informa- premises to be licensed w hich are ion of the licensed business ceases the Twin Cities Metropolitan tion about said person as is re- due and payable have been paid. and not less than one month before ex- Area at the time of the renewali duired of a single applicant in if not paid, the years and amounts piration of the license because of; or In the case of a corporation, if Subsection 3 above. which are unpaid. (1) destruction or damage of the the manager is not a resident of D. Notwithstandi the definition of 14. Whenever the application for an licensed premises by fire or the Twin Cities Metropolitan ipieest as given in Section 11- "on sale" license to sell intoxicatine other catastrophe. Area at the time ofthedatuofre- 509 ggbqivision 10. the apDlica- liquor. or for a transfer thereo is (2) the licensee's illness. newal. The TWIN CITIES MET - tion shall contain a list of all for Premises either planned or under (3) the licensee's death. ROPOLITAN AREA is defined persons who. singly or together construction or undergoing substantial (4) a change in the legal status of as being comprised of the coun- with thei spouse. or a ap rent, alteration, the application shall be the municipality making it un- ties of Anoka, Carver, Dakota, brother, sister or child or either accompanied by a set of Preliminary lawful for a licensed business Hennepin, Ramsey. Scott and of them, own or control an in- Plans showing the design of the Dro- to continue. Washington. terest in said corporation or posed premises to be licensed. if 7. At the time of each original 10. No person shall own an interest the plans or de sign are en file with application for a license,, except in in more than one establishment association in excess of o ra- or the Building Department, no plans need the case of an "on sale club" license, or business within Brooklyn Cen- who are officers of said :orp be filed with the City Clerk. the applicant shall pay in full an in- ter for which an "on sale" li- tlon or gssociation.togetnerwitn 15. Such other information as the vestizating fee. For a single natural tense has bean granted. The their addresses and all informa- City Council shall require. person, the investigating fee shall be term "interest" as used in this Lion as is required of a single Section 11 -505. RENEWAL APPL.I- $75.00. For a partnership, the in -, section includes any pecuniary apT a in Subsection 3 above. CATIONS, Applications for the renewal vestigatiny fee shall be $150,00. or as interest in the ownership, opera - 6. If the application is for n " - of an existing license shall be made corporation or other association, 'r the tion, management or profits of Sale Club" license, the followi ng inn- at least 60 days prior to the date investigating fee shall be $300,0, No a retail liquor establishment, formation: of the expiration of the license. 1i- investigating fee shall be refunded,. but does not include bona fide A. The name of the club. in the Judgement of the City Council. 8. At any time that an additional loans; bona fide fixed sum ren- B. Date that club was first leer- in and sufficient cause is shown investigation is required because of a tal agreements; bona fide open tides d. True copies of the Ar- by an applicant for his failure to file change in the ownership or control accounts or otheroblizationsheld. titles Incorporation, By -Laws for a renewal within the timeprovided, of a corporation or bec of an with or without security arising- and the a names and street ad- the City Council may, if the other pro- enlargement, alteration. or extension out of the ordinary and regular dresses of all officers, execu- visions of this ordinance are com - of premises previously licensed, the course of business of selline or five committee and board of plied with, grant the application. licensee shall pay an additional invg5- leasing merchandise, fixtures or directors shall be submitted. At the earliest Dractt time tizating fee in the amou of $50.00, supplies to such establishment; C. A swor statement that the club after application is made for a re- 9. Where a new application is fi? d an int erest has been in existence for more per than fifteen years or. he event newal of an "on sale" license, and in as a result of incorporation by a le ss in any corporation orr holding or in t ve ation holding that the applicant is c hee ent any event Prior to the time that the isting licensee and the ownership con- a license. A person who re- sionally chartered veteran's or- application is considered by the c trol and interest in the license are uil , ceives moneys from time to time ganization, inexistence for more Council, the applicant shall file with changed, no additional license fee will directly or indirectly from a than ten years Prior to January the City Clerk a statement prepared be required. licensee, in the absence ofabona 1. 1961. The statement shall be by a certified public accountant that Section 11 -508. INVF STIGATION fide consideration therefor and made by a person who has per - 'shows the total eross sales and the OF APPLICATIONS, excluding bona fide gifts or dona- sonal knowledge of the Pacts total food sales of the restaurant for 1. All apDlicatlons, 1'n a license tions. shall be deemed to have slated (herein. In the event that the twelve -month period immediately shall be referred to the Cp of Po- 1 pecuniary interest in such re- person can make such a precegmg the date for filing renewal lice, and to such other City Depart- tail license. In determining "bona no no pe applications. A foreign corporation ments as the City Manager shah fide" the reasonable value of the statem e o satisfactory deco- y proof maybe submitted shall file a current Certificate of Auth- necessary, for verification and invos- goons or tnings received as con - in support of such facts, ority. tieation of the far rah forth in the sideration for any paymentbythe D. The number of members. - motion 11 -506. EXECUTION OF application. The Chief of Police shy licensee and all other facts re a- E. The name of the manager, prop- APPLICATION. If the application is cause to be made such investigation sonably tending to prove or dis- etor m other prson who shall by a natural person, it shall be siened of the information requested in Sec- prove the existence of any our - ri e ri in charge a the and sworn to by such person; if by a tion 11 -504. Subdiyislon S. as shall poseful scheme or arrangement premises charge t h e th license d corporation, by an officer thereof: if be necessary and shall make a writ to evaae the p ronioitions of tnis n by a partnership, by one of the part- ten recommendation and report to the section shall be considered. information concerning such _ required of a single ners; if by an unincorporated associa- City Codncll. The City Council may Section 11- 510._2LACES 1UEJJG person ti applicant for an "on sale" li- Lion, by the manager or managing oraer ana conauct such additional in- IBLE FOR LICENSE. onlcer thereof. If the applicant is vestigation as it shall deemnecessary., 1. No license shall be ¢ranted. or sense as set forth in Sub- Dartnershio- the a pplication - license bection 11 -bU9. PERSONS INFL,IQ renewed, for operation on any Prem -, section 3 above. and bond (or insurance Policy) shag ISLE FOR LICF F_ No li nee shall ises. oh whiptl Wir assessments nr 7. The exact legal descriptioq of be made and issued in the name of be granted to or held by any person: other financial claims of the City or the premises to be licensed together all partners. 1. Under 21 years of age. of the State are due, delinquent or with a plot plan of the area showing Section 11 -507. LICENSE FEES, 2. Who is not of good moral charac- unpaid. In the event an action has dimensions and location of (buildings. 1. The annual license fee for "on ter. been commenced pursuant to the pro - 8. An applicant for fl on sale' e in an amount . o, is analien. license shall submit a floor plan of sale" license shall b 3 Wh if an individual s visions of Chapter 278 :Minnesota Sta- the dining room, or dining rooms. as set forth in Section 23 -010 of the 4. Who has been convicted within 15 tutes questioning the amount or vali- which shall be open to the public, City Ordinances. years prior to the application ditv of taxes, the Council mav, on aP- shall show dimensions and shall indi- The annua licen- fee for an on for such license, of any wilful plication by the licensee, waive strict Cate the number of persons intended sale club" license shall be $100.00. violation of any law of the United compliance with this Provision; no to be served in each of said rooms, 2. The annual license fee shall be States,. the State of Minnesota. or waiver may be granted, however, for 9, If a permit from the Federal paid in full befo the application for any otner State or Territory, or taxes or any portion thereof, which government if required by the LM a license is accepted. All fees shall of any local ordinance regarding remain unpaid for a period exceeding of the United States, indicate whether be Paid into the general fund of the the manufacture, sale, distribu- one year after becoming due. or not such permit has been issued, City. All licenses shall expire on the tion or possession for sale or 2. No license shall be issued for and if so required. in what name last day of December of each year. distribution of intoxicating Ii- the premises owned by a person to issued and the nature of the Permit, ADOn refection of any application fora quor, or whose liquor license whom a license may not be granted 10. The amount of the investment license or upon withdrawl of applies- has been revoked for any wilful under this ordinance, except any owner that the appl has in the 1P15 i •sv tion before approval of the issuance violation of any law or ordinance, who is a minor. alien, or a person lding, premises b• the City Council ' the license fee 5. Who is a manufacturer or whole- who has been convicted of a crime p , i y fixtures, shall be refunded to the applicant. saler of intoxicating liquor and other than a violation of Min nesot e stock in trade. etc.. and nr "on of the no manufacturer or wholesaler Statutes. Sections 340.07 through 340'. sour. ;e of such money. 3. The fee for an on sale " 11. The names and addresses of all t sale club" license granted afteer r shall either directly' or indirect- 39. persons, other then the :applicant, who the commencement of the license year ly own or control or have any 3. No "on sale license shall be shall be prorated on a daily basis. financial interest in any retail granted for a restaurant that does not have any financial interest in the busi- 4. When the license is for a Prem- business selling intoxicating h- have a dining area, open to the general ness, buildings, premises, fixtures, ises where the building is not readv quor. public, with a total minimum floor furniture, stock in trade, the nature for occupancy, the time fixed for com- 6. Who is directly or indirectly area of 1800 square feet or for a of such interest. amount thereof. terms putation of the license fee for the interested in a.. other estab- hotel that does not have a dining area, for payment or other reimbursement. lishment in the City of Brook- open to the general public, with a lyn Center to which an "on sale" total minimum floor area of 1200 license has been issued under square feet. this ordinance. foe( 0 4 9 9J 4. No license shall be granted for cation acquires an interest which, to- agent or employee is act guilty of a any place which has a common en- gether with that of his spouse. parent, violation of such a orovisioa and shall trance or exit between any two estab- brother,_ sister or child. exceeds r-, he conclusive evidence that a yi.Qlaiioll lishments except that a public con- and shall give all information about if one occurred. was not wilful or in- course or public lobbv shall not be said person as is required of a per- tentional. manner, d acrease the coverage provid- construed as a common entrance or son pursuant to the provisions of Sec- 6, Any person who may appear to the ed for in respect to -_ny other claim exit. tion 11 -504, Subdivision 3, of this licensee, his employee or agent to be or claims brought against the insured Section 11 -511. CONDITIONS OF ordinance. under 21 years of age and who does or company thereafter. Such policy LICENSE, 15. At the time a licensee submits not have in his possession anv identi- 1. Every license shall be granted his application for renewal of a licensees fication certifiate as abpve descrt shall conditioned that the insurer subject to the conditions of the follow- he shall state the natu ^ k_and m aount may sign and execute a statement in shall pay, to the extent , the Ar - ing subdivisions and all other sub - of any contribution he has made in the pal amount of the policy, any dam writing as follows: ages for death or injury caused bv, or divisions of this ordinance and of any preceeding five years for state and READ CAREFULLY BEFORE SIGNING resulting from the violation of any other applicable o the City local campaign or political burposes. The following are excerpts from the law relating to the business for which or State Law, the persca to whom the contrib Iaws of the State of Minnesota. Sec - such license has been granted. The 2. The license shall be posted it a was made and the person or oreaniza- tion 340.731 Minnesota Statutes, Min- licensee and the City shall be named conspicuo pl ace in_the_ licensed es- tion for whom intended. ors, Forbidden Acts or Statements: 16. A licensed restaurant shall be as joint insureds on the liability in- tablishment at all times. I, shall be unlawful for: surance policy_ 3. Any police officer, build 0 in such a manner that the Anv person to m isrepre s en t specter, or any employee so designated ing in - gondu jr Section 11 -516. REVOCATION. , en Qr . S Principal part of the business for a misstate his or her age, or the 1. The City Council may suspend s the City Manager shall have the license vear is the serving of foods. age of any other person for the or revoke any intoxicating liquor li- unqualified right to enter, inspect, and A hotel shall be conducted in such a purpose of inducin�a Li censee,. tense for the violation of any pro - search the premises of the licensee manner that._ of that part of the total or any emblovee of anv licensee,- vision or condition of this ordinance during the business hours without a usiness attributable to or derived from or anv employee of any municipal or of any State Law or Federal Law warrant. the serving of foods and intoxicating liquor store. to sell. s erve or de- regulating the sale of intoxicating it- 4. Every licensee shall be respon- ' iquors, the principal part of the busi- liver any alcoholic beverage to a quor, and shall revoke such license sib a for the conduct of his place of mess for a license year is the serving minor: for any wilful violation which. under business and the conditions of sob- of foods. A Minor to have in his possession, the laws of the State, is grounds for rusty and order 1n the place of buss- 17. No licensee shall keep, possess, any intoxicating liquor with inteui mandatory revocation, and shall re- or operate or hermit the keeoing, to consume same at a place other voke for failure to keep,the insuran ce tress and on the premises. possession, or operation of any gamb- than the household of his parent required by Section 11 -515 infullforce 5. No on sale" licenses shall sell ling device or apparatus on the ll or guardian." and effect. intoxicating liquor "off sale ". censed premises, and he shall not VIC':.\ PION OF THE AB<)VF MIN- Except in the case of a suspension 6. No license shall be effective be_ yond the space named in the license permit any gambling therein. N; c, -:A LAW IS A MISDF'IEA- pending a hearing on revocation, non - for which it was granted. 18. No licensees hallknowinglyper - N_ �1< PUNIS iii A F'INl mandatory revocation or susno 7. No intoxicating liquor shall be mit the licensed premises o: any OF 300.00 OR A 90 -DAY IM- by the Council shall be preceeded by room in those premises or anv ad - PRISON:0 R BOTH. written notIze to the licensee and a spin or rurnisned or delivered to any joining building directly or indirectly , public hearing. The notice shall give intoxicated person, to any habitual under his control to be used as 2, ply age is __Dato of Birth at least ten days' not of the time drunkard, to any person under 21 resort for prostitutes. place of Birth My address is and place of the hearing and shall tears of age, or to any pe rson to Section 11 -512. HOURS OF OPERA -. state the nature of the charges against whom sale is prohibited by State Law. TION. No sale of intoxicating liquor Dated: the licensee. The Council mac. with - 8. No Person under 21 years of shall be made after 1:00 A.M. on Sun- out any notice, suspend anv license age shall be employed in any rooms day nor until 8:00 A.M. on Monday nor Type of Identification pending a hearing on revocation for a constituting the place in which intoxi- between the hours of 1:00 A.M. and period not exceeding 30 divs. The cating liquors are sold at retail on 3 :00 P.M. on any Memorial Day, nor Witness sale", except that persons under 21 notice maybe served upon the licensee 'years of age may be employed to per- between the hours of 1 ;00 A.bi, and personally or by leaving the _same at form the duties of a busboy or dish- 8 :00 P.M. on any primary, special Signed the licensed premises with the person washing services in places defined or general election of the City of The anove form snail De furnished in charge thereof. No suspension after as a restaurant or hotel or motel Brooklyn No '-on sale" shall at the expense of all licensees desir- public hearing shall exceed 60 days. serving, food in rooms in which in- be made between the hours of 1:00 ih ame a nd when properly Section 1i -517. PENALTIES Anv toxicating liquors are sold at retail A.M. and 8:00 A. I. on anV_weekdiys. executed maybe considered as ethe person violating anV provision of this "on sale ". Section 11 -513 CT IiRC_ trio ClUli dente in any prosecution and by the 3rdinance shall be guilty of a mis- 9. No equipment or fixture in any holding an "on sale club" license shall City Council in any oroceedingbefore lemeanor, and upon conviction thereof, licensed place shall be owned in whole sell intoxicating liquor except tomem- the Council or a committee thereof shall be punished by a fine of not or in part by any manufacturer or hers and bona fide Quests. relating to the business or operations more than Three Hundred ($300.00) distiller of intoxicating liquor except Section 11 -514. RESTRICTIONS ON of the licensee. Such forms after exe- Dollars and imprisonment for not more PURCHASE AND CONSUMPTION. cution sh all be kept on file by the than 90 days. such o shall be expressly permitted 1. No person under 21 years of age licensee for - a period of one vear., Section by State Law, shall misrepresent his age for the pur- 7. No person shall give come effectiv ,, sell, pro- This ordinance shall 10. k license shall sell, offer for pose of obtaining intoxicating liquor cure or purchase intoxicating liqu days following its legal publication. liquor days after adoption and thin rty sale, or keep for sale, intoxicating liq- nor shall he enter any premises li- to or for any person to whom the sale uors from any original package which censed for the retail sale of intoxicat of intoxicating liquor is forbidden by Adopted this day of 1969, has been refilled or partly refilled. No ing liquor for the purpose of purchas- law. licensee shall directly or through anv ing or having served delivered to 8, intoxicating liquor shall be, other person delete or in anv manner Mayor him for consuming any such intoxicating consumed public on a public highway or in ATTEST: tamper with the contents of anv original liquor nor shall anx such person, an automobile, Clerk package so as to change its c purchase attempt to purchase, con Section 11 - 515. LIABILITY IN Published in the Official Newspaper lion or alcoholic content while e in in the the , original trackage. Possession on the sumo, or nave another Gerson pur - SURANCh_. Effective Date , - Premises by the licensee of anv in- chase for him any intoxicating liquor. 1. Insurance required. Z. No person under 21 yea; s 1 age, At the time of filing an applica- (Brackets indicate matter to be de- age fe ring liquor in the original back- shill receive delivery of intoxicating tion for either an "on sale" or an. leted, underline indicates new matter), age di co mposition or alco- holic content in the liquor when re- I i�uor "on sale club" liquor license, the ap- (Published in the Brooklyn Center ceived from the manufacturer or whole - °• ' 'o Verson shall induce a person. pllcant shall file with the City Clerk Post August 21, 1969), saler from whom it was purchased, under the ..ge of n I y:: <rs to purchase a liability insurance po'.j:y which shal_ shall be prima facie evidence that or procure or obtain intoxicating liquor,. be subject to the approval of the City, the contents of the original Package 4. Any person who may aapeartoth? Council. The insurer on such liability have been diluted, changed or tam- licensee- his employees or azents to be insurance policy shall be duly licensed pered with. under the age of 21 years shall,,upon to d0 business in the State of Minne 11. No licensee shall apply for or demand of the licensee, his emalovea' sota, and the insurance policy shall or agent, produce and permit to be be approved as to form snQ �ti4u possess a Federal Wholesale Liquor examined Sul ident *'cation certifigatP by the City Attorney. Such liability. Dealer's special tax stamp or a Fed- oral gambling stamp. issued by any clerk of the District. insurance Policy shall be in the amount 12. No licensee shall keep ethyl Court in the State of Minnesota no]:-, of not less than $10 000 coverage for or neutral spirits on his licensed suant to Section 626.311 through 626. one person and $7.0,000 coverage for Premises or permit their use on the 319, Minnesota Statutes,, more than one person, and shall speci- Premises as a beverage or mixed with 5. In every Prosecution for a viola- fically provide for the nay_ment by the a beverage. lion of the provisions of t his ordinance insurance company on beh.ilf of the 13. Th b �. in cc r ..prat i h li- relating to the sale or furnishing of, insured of all sums which the insured censee, including Federal and State intoxicating liquor to persons under the shall become obliged to pay by reason, age of 21 years, and in every ,Iroceed- of liability imposed upon him by law tax returns shall be available for in- ing before the City Council with regect for injuries or damages to persons, spection by the r e Manager, or other thereto,, the fact that the minor in -. other than emnl wees, includinz the duly authorized representative of the volved has obtained and Presented t, liability imposed upon the insured by City at all reasonable times. the licensee, his employee or agent, reason of Section 340.95, Minnesota. 14. Changes in the corporate or a verified identification card issued by association officers, corporate char- Statutes. Such provide -that n c n c o licv the Clerk in any District Court in the, shall further provide that m canceller. ter, articles of incorporation. by -laws State of Minnesota, from which it an- ,ion for any cause can be made either or partnership agreement, as the case pears that said person was 1 years b the insured i t the insurance com- may be, shall be submitted to the City i d age and was regularly issued such nano without furs, giving 10 days' Clerk withi1 30 days after such changes are made. In the case of acorporation, identification cara shall en prima notice to the el in- t in writing addressed. the licensee shall notify the C t}• Clerk facie evidence that the licensee, his t th e c0 cancel the same, addred when a person not listed in the appli- p the City Clerk. Further, it shall - provide that no payment of any claim, by the insurance company shall, in any