HomeMy WebLinkAbout1966-13 08-08 CCO THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS
FOLLOWS:
Section 1: Chapter 11 of the Village Ordinances of the Village of Brooklyn
Center are hereby amended as follows:
CHAPTER 11 - LIQUOR ORDINANCES
Non- Intoxicatinq Liquors
AN ORDINANCE LICENSING AND REGULATING THE SALE AND
CONSUMPTION OF NON - INTOXICATING MALT LIQUORS AND
PROVIDING A PENALTY FOR THE VIOLATION THEREOF
Section 11 -101. DEFINITION OF TERMS.
Subdivision 1. As used in this ordinance, the term "person" includes
a natural person of either sex, a co- partnership, a corporation or association
of persons, and the agent or manager or employee of any of the aforesaid. The
singular number includes the plural, and the masculine pronoun includes the
feminine and neuter.
Subdivision 2. "Beer" or "non- intoxicating malt liquor" means any malt
beverage with an alcoholic content of more than one -half of one per cent by
volume and not more than three and two - tenths percent by weight.
Subdivision 3. "Intoxicating liquor" means any distilled, fermented or
vinous beverage containing more than three and two - tenths per cent of alcohol
by weight.
Subdivision 4. "Original package" means the bottle or sealed container
in which the liquor is placed by the manufacturer.
Subdivision 5. "Bona fide club" means a club organized for social or
business purposes or for intellectual improvement, or for the promotion of
sports, where the serving of beer is incidental to and not the major purpose of
the club.
Subdivision 6. "Restaurant" means a place of which the major business
is preparing and serving lunches or meals to the public to be consumed on the
premises.
Section 11 -102. LICENSE REQUIRED.
Subdivision 1. No person, except wholesalers and manufacturers to
the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise,
or keep or offer for sale, any beer within the village without first having received
a license as hereinafter provided. This section shall not prohibit the giving or
serving thereof to guests in a private home, at private gatherings, nor by
non - profit organizations. Licenses shall be of two kinds: (1) Retail "on sale ";
(2) Retail "off sale".
Section 11 -102 (Cont'd)
• Subdivision 2. "On Sale" licenses shall be granted only to bona fide
clubs, bowling establishments, restaurants and hotels where food is prepared
and served for consumption on the premises. "On Sale" licenses shall permit
the sale of beer for consumption on the premises only.
Subdivision 3. "Off Sale" licenses shall permit the sale of beer at
retail, in the original package for consumption off the premises only.
Section 11 -103. APPLICATIONS FOR LICENSE.
Subdivision 1. Every application for a license to sell beer shall be
made on a form supplied by the Village and shall state the name of the applicant,
his age, representations as to his character with such references as may be
required, his citizenship, whether the application is for "on sale" or "off sale ",
the business in connection with which the proposed license will operate and its
location, whether applicant is owner and operator of the business, how long he
has been in that business at that place, and such other information as the
Council may require from time to time. It shall be unlawful to make any false
statement in an application. Applications shall be filed with the Village Clerk.
Subdivision 2. Every application shall be referred to the Chief of Police
for a written report as to whether the applicant meets the requirements of the
ordinance as to moral character and past offenses, if any.
Subdivision 3. Every on -sale application shall be referred to the Building
Inspector for a written report as to whether the proposed licensed premises meets
the requirements of the Village Building Code.
Section 11 -104. LICENSE FEES.
Subdivision 1. Each application for a license shall be accompanied by
a receipt from the Village Clerk for payment in full of the required fee for the
license. All fees shall be paid into the general fund of the municipality.
Upon rejection of any application for a license, the Village shall refund the
amount paid.
Subdivision 2. All licenses shall expire on the last day of December in
each year. Each license shall be issued for a period of one year, except that
if a portion of the license year has elapsed when the application is made, a
license may be issued for the remainder of the year for a pro rata fee. In com-
puting such fee, any unexpired fraction of a month shall be counted as one
month.
Subdivision 3. The annual fee for an "On Sale" license shall be
Two hundred fifty & no /100 dollars ($250.00), except for bona fide Clubs
where the annual license fee shall be Ten Dollars ($10.00). The annual
fee for an "Off Sale" license shall be 'Ten Dollars (10.00).
Section 11 -104 (Cont'd)
. Subdivision 4. No part of the fee paid for any license issued under
this ordinance shall be refunded except in the following instances upon
application to the Council within 30 days from the happening of the event. The
Council may in its judgment refund a pro rata portion of the fee for the un-
expired period of the license, computed on a monthly basis, when operation of
the licensed business ceases not less than one month before expiration of the
license because of:
(1) destruction or damage of the licensed premises by fire or
other catastrophe.
(2) the licensee's illness.
(3) the licensee's death.
(4) a change in the legal status of the municipality making it
unlawful for a licensed business to continue.
Section 11 -105. GRANTING OF LICENSE.
Subdivision 1. The Village Council shall investigate all facts set out
in the application. Opportunity shall be given to any person to be heard for
or against the granting of the license. After such investigation and hearing
the Village Council shall grant or refuse the application in its discretion.
Subdivision 2. Each license shall be issued to the applicant only
and shall not be transferable to another holder. Each license shall be issued
only for the premises described in the application. No license may be trans-
ferred to another place without the approval of the Village Council.
Section 11 -106. PERSONS INELIGIBLE FOR LICENSE.
No license shall be granted to any person:
(1) Under twenty -one years of age.
(2) Who has, within the past five years, been convicted of a
felony, or of violating the National Prohibition Act or any
law of this state or local ordinance relating to the manufacture,
transportation or sale of non - intoxicating or of intoxicating liquors.
(3) Who is a manufacturer of beer or who is interested in the control
of any place where beer is manufactured.
(4) Who is an alien.
(5) Who is not of good moral character.
(6) Who is or during the period of this license becomes the holder
of a Federal retail liquor dealer's special tax stamp for the sale
of intoxicating liquor at any place unless there has also been
issued to him a local license to sell intoxicating liquor at such place.
(7) Who is not the proprietor of the establishment for which the license
is issued.
Section 11-107. PLACES INELIGIBLE FOR LICENSE.
Subdivision 1. No license shall be granted for sale on any premises
where a licensee has been convicted of the violation of this ordinance, or of
the state beer or liquor law, or where any license hereunder has been revoked
for cause until one year has elapsed after such conviction or revocation.
Subdivision 2. No "On- sale" license shall be granted for any place
within 600 feet of any public or parochial school or within 600 feet of any church.
For the purposes of determining this measurement, the distance shall be measured
in a straight line between the nearest points of the two buildings.
Subdivision 3. No "on sale" license shall be granted for a bona fide
club which has not been in operation and eligible to receive a license for at
least six months immediately preceding the application for a license.
Section 11 -108. CONDITIONS OF LICENSE.
Subdivision 1. Every license shall be granted subject to the conditions
in the following subdivisions and all other provisions of this ordinance and of
any other applicable ordinance of the village or state law.
Subdivision 2. All licensed premises shall have the license posted in
a conspicuous place at all times.
Subdivision 3. No beer shall be sold or served to any intoxicated
person or to any person under 21 years of age.
Subdivision 4. No minor under 21 shall be permitted to sell or serve
beer in any "on sale" establishment.
Subdivision 5. No gambling or any gambling device shall be permitted
on anylicensedpremises.
Subdivision 6. No manufacturer or wholesaler of beer shall have any
ownership of or interest in an establishment licensed to sell at retail contrary
to the provisions of M.S.A. 340.02. No retail licensee and manufacturer or
wholesaler of beer shall be parties to any exclusive purchase contract. No
retail licensee shall receive any benefits contrary to law from a manufacturer
or wholesaler of beer and no such manufacturer or wholesaler shall confer any
benefits contrary to law upon a retail licensee.
Subdivision 7. No licensee shall sell beer while holding or exhibiting
in the licensed premises a Federal retail liquor dealer's special tax stamp
unless he is licensed under the laws of Minnesota to sell intoxicating liquors.
Section 11-108 (Continued)
. Subdivision 8. No licensee who is not also licensed to sell
intoxicating liquor shall sell or permit the consumption or display of
intoxicating liquors on the licensed premises or serve any liquids for the
purpose of mixing with intoxicating liquor. The presence of intoxicating liquors
on the premises of such a licensee shall be prima facie evidence of possession
of intoxicating liquors for the purpose of sale; and the serving of any liquid
for the purpose of mixing with intoxicating liquors shall be prima facie evidence
that intoxicating liquor is being permitted to be consumed or displayed contrary
to this ordinance.
Subdivision 9. Any peace officer shall have the unqualified right to
enter, inspect and search the premises of a licensee during business hours
without a search and seizure warrant and may in the absence of a license to
sell intoxicating liquor, seize all intoxicating liquors found on the licensed
premises.
Subdivision 10. Every licensee shall be responsible for the conduct
of his place of business and shall maintain conditions of sobriety and order.
The act of any employee on the licensed premises authorized to sell or serve
beer shall be deemed the act of the licensee as well and the licensee shall be
liable to all penalties provided by this ordinance equally with the employee.
Section 11 -109. CLOSING HOURS.
No sale of beer shall be made on any Y Sunda between the hours of
1:00 A. M. and 12 :00 noon, nor between the hours of 1:00 A. M. and 8:00 P. M.
on any election day in the Village. No sale shall be made between the hours
of 1:00 A. M. and 8:00 A. M. on any other day.
Section 11 -110. CLUBS.
No club shall sell beer except to members and to guests in the company
of members.
Section 11 -111. RESTRICTIONS ON PURCHASE AND CONSUMPTION.
Subdivision 1. No minor shall misrepresent his age for the purpose of
obtaining beer.
Subdivision 2. No person shall induce a minor to purchase or procure
beer.
Subdivision 3. No person other than the parent or legal guardian shall
procure beer for any minor.
Subdivision 4. No minor shall have beer in his possession with the
intent to consume it at a place other than the household of his parent or
guardian. Possession of such non - intoxicating malt liquor at a place other
than the household of his parent or guardian shall be prima facie evidence
of intent to consume at a place other than the household of his parent or guardian.
Section 11 -111 (Continued)
Subdivision 5. No person shall consume or dia la an intoxicating
p Y Y g
liquor on the premises of a licensee who is not also licensed to sell intoxicating
liquors.
Section 11 -112. REVOCATION.
The violating of any provision or condition of this ordinance by a
beer licensee or his agent shall be ground for revocation or suspension of
the license. The license of any person who holds a federal retail liquor
dealer's special tax stamp without a license to sell intoxicating liquors at
such place .shall be revoked without notice and without hearing. In all other
cases, a license granted under this ordinance may be revoked or suspended
by the Council after written notice to the licensee and a public hearing. The
notice shall give at least eight days'notice of the time and place of the
hearing and shall state the nature of the charges against the licensee. The
Council may suspend any license pending a hearing on revocation or suspension.
Section 11 -113. SEPARABILITY.
Every section, provision or part of this ordinance is declared separable
from every other section, provision or part; and if any section, provision
or part of any ordinance shall be held invalid, it shall not affect any other
section, provision or part thereof.
Section 11 -114. SUPREMACY CLAUSE.
The supremacy clause found in Section 23 -013 shall not apply to
Sections 11 -101 through 11 -116.
Section 11 -115. PENALTY.
Any person violating any provision of this ordinance shall upon
conviction thereof be punished by a fine of not more than one hundred dollars
($100.00) or imprisoned for not more than ninety (90) days, plus the costs of
prosecution in either case.
Section 11 -116. REPEAL OF PRIOR ORDINANCE.
Section 11 -101 through 11 -121 inclusive of the ordinances of the
Village of Brooklyn Center are hereby repealed, and the foregoing sections
shall be inserted in accordance with the section numbers as designated herein.
Section 2. This ordinance shall be effective from and after its legal
publication.
Adopted this 25th day of July 1966.
ATTEST: C44 d Clerk " Mayor