HomeMy WebLinkAbout1966-13 08-04 AP THE NORTH HENNEPIN POST
THE NEW HOPE - PLYMOUTH POST
THE BROOKLYN PARK POST
THE BROOKLYN CENTER POST
i
Thursday, August 4. 1966
' h iE VILLAGE C N C OF THE R AS
BROOKLYN THE BROOKLYN CENTER POST
CF.NTF.R DO ORDAIN AS
FOLLOWS:
Section Chapter 11 o f the Village AFFIDAVIT OF PUBLICATION
Ordinances of f the Village of B ookl}•nCenter
are hereby amended as follows:
CHAPTER 11 —LIQUOR ORDINANCES
Non- intoxicating Liquors
AN ORDINANCE LICENSING AND REG-
ULATING THE SALE AND CONSUMPTION
OF NON - INTOXICATING MALT LIQUORS STATE OF MINNESOTA
AND PROVIDING A PENALTY FOR THE SS.
VIOLATION THEREOF COUNTY OF HENNEPIN
Section 11 -101. DEFINITION OF TERMS.
Subdivision 1. As used in this ordinance,
the term "person" includes a natural per-
son of either sex, a co- partnership, a cor-
poration or association of persons, and the
agent or manager or employee of any of the E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
aforesaid. The singular number includes been President of The Post Publishing Co., the publishers of the neNvsp aper known as THE BROOKLYN
the plural, and the masculine pronoun in. CENTER POST, and has full knowledge of the facts herein stated; that for more than one year prior
eludes the feminine and neuter.
Subdivision 2. "Beer" or "non- intoxi-
eating malt liquor" means any malt beverage -
to the publication therein of the.,.., ^ a /L- . "....,:
P r _ _ •-•t.i. z.= :.- +- c'i.:- i...... r.��+:.�.�..: r. ::. -:: y:...,... -'`-
with an alcoholic content of more than one-
half of one per cent by volume and not - l i. , .. _ 4 .....: . ..:..... :.. . F• -. ;,,t .................hereto attached, said newspaper was
more than three and two - tenths percent by ' *
weight. printed and published in the City of Crystal in the County of Hennepin, State of Minnesota, on Thursday
Subdivision 3. "Intoxicating liquor" of each week; that during all said time the following conditions have existed:
means any distilled, fermented or vinous
beverage containing more than three and
two- tenths per cent of alcohol by weight. Said newspaper has been printed in the English language from its known office of publication within
Subdivision 4. "Original package" means the city from which it purports to be issued as above stated in column and sheet form equivalent in space
the bottle or sealed container in which the to at least 450 running inches of single column, two inches wide; it has been issued once each week from a
liquor is placed by the manufacturer, known office established in such place for publication and equipped with skilled workmen and necessary
Subdivision S. "Bona fide club" means material for preparing and printing the same the press work thereon has been done in its known office of
a club organized for social or business publication; in its makeup not less than twenty -five per cent of its news column has been devoted to local
purposes or for intellectual improvement, news of interest to the community which it purports to serve; it has contained general news, comment and
or for the promotion of sports, where the miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the
serving of beer is incidental to and not extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
the major purpose of the club. entry as second class matter in its local postoffice; has filed a copy of each issue with the State Histori-
Subdivision 6. "Restaurant" means a cal Society in St. Paul; and there has been on file in the office of the County Auditor of Hennepin
Place of which the major business is pre- County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and
parirg and serving lunches or meals to the location of said newspaper and the existence of the conditions constituting its qualifications as a legal
pub ?,c to be consumed on the premises. newspaper.
Section 11 -102. LICENSE REQUIRED.
Subdivision 1. No person, except whole-
salers and manufacturers to the extent au- That the legal or official matter hereto attached was cut from the columns of said newspaper, and was
thorized by law, shall deal in or dispose of
v gift, sale or otherwise, or keep or i f
:fer for sale, any beer within the village printed and published therein in the English language once each week, for.., . r.�_t_, .....successive weeks;
without first having received a license as
hereinafter provided. This section shall not
That it was first so published on Thursday, the ..................; ..:..r•.................day of
prohibit the giving or serving thereof to
guests in a private home, at private gather- 1
lags, nor by non - profit organizations. Li- ,;.......... 1g,.,,,',, and thereafter on Thursday of each week to and
ceases shall be of two kinds: (1) Retail "on
sale "; (2) Retail "off sale."
Subdivision 2. "On Sale" licenses shall including the ... ............................... day of .............................. 19......, and
be granted only to bona fide clubs, bowling that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby
establishments, restaurants andhotelswhere acknowledged as being the size and kind of type used in the composition and publication of said legal or
food is prepared and served for consumption official matter, to -wit:
on the premises. "On Sale" licenses shall
permit the sale of beer for consumption abedefghijklmnopgrstuvwxyz -6 pt. Newstext
on the premises only. abedefghijklmnopgrstuvwxyz -6 pt. Devinne
Subdivision 3. "Off Sale" licenses shall
permit the sale of beer at retail, in the abcdefghijkl =opgrstuvwxyz- 7',•z -pt. Excelsior
original package for consumption off the abedefghijklmriopgrstuvwxyz - Memphis Bold
,premises only.
Section I1 -103. APPLICATION FOR
LICENSE.
Subdivision I. 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,representa- ,,,,,,,,,,,,,,,,,,,,,,,, „,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
tions as to his character with such refer-
ences as may be required, his citizenship,
whether the application is for "on sale,” Subscribed and Sworn to before
or "off sale," the business in connection
with which the proposed license will operate - f
and its location, whether applicant is owner me this ...........
"..,:.;,....... day of .... ,..+...- .'..:;........-.: 4........A.D., 19..... -'
and operator of the business, how long he
has been in that business at that place, and ' •"- .t '�""`
y r .
such other information as the Council may
require from time to time. It shall be un-
lawful to make any false statement in an
application. Applications shall be filed with 1
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
le requirements of the ordinance as to
ioral 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 pro-
posed licensed premises meets the re-
quirements of the Village Building Code.
Subdivision 9. Any p s have
the unqualified to enter, right to enterr, , inspect and
search the premises of a licensee during
business hours without a search and seizure
also been issued to him a local li- warrant and may in the absence of a license
cense to sell intoxicating liquor at to sell intoxicating liquor, seize all in-
such place. toxicating liquors found on the licensed
Section 11 -104. LICENSE FEES. (7) Who is not the proprietor of the Premises.
Subdivision 1. Each application for a li- establishment for which the license Is Subdivision 10. Every licensee shall be
cense shall be accompanied by a receipt issued. responsible for the conduct of his place
from the Village Clerk for payment in full Section 11 -107. PLACES INELIGIBLE of business and shall maintain conditions of
of the required fee for the license. All fees FOR LICENSE. sobriety and order. The art of any employee
shall be paid into the general fund of the Subdivision 1. No license shall be granted on the licensed premises authorized to sell
municipality. Upon rejection of any applica -, for sale on any premises where a licensee
or serve beer shall be deemed the act of
lion for a license, the Village shall refund has been convicted of the violation of this No the licensee as well and the licensee shallbe
the amount paid. ordinance, or of the state beer or liquor ' " """ " """ liable to all penalties provided by this
Subdivision, ' All licenses s1 *11 expir, law, or where any license hereunder has ffidavit of Publication ordinance equally with the employee.
on the last day of December in each year. been revoked for cause until one year has
Section I1 -109. CLOSING HOURS.
Each license shall be issued for a perio, elapsed after such conviction or revocation. No sale of beer shall be made on any
of one year, except that if a portion of th, Subdivision 2. No "On -Sale" license shall OF Sunday between the hours of 1:00 a.m. and
license year h;.s elapsed when the app ic. be granted for any place within 600 feet of 12 :00 noon, nor between the hours of 1:00
tion is made, a license may be issued fe any public or parochial school or within 600 a.m. and 8:00 p.m. on any election day in
the remainder of the year for a pro rata fei feet of any church. For the purposes of the Village. No shall be made between the
In computing such fee, any unexpired fraction determining this measurement, the distance hours of 1:00 a.m. and 8:00 a.m. on any
of a month shall be counted as one moth, shall be measured In a straight line between other day.
Subdivision 3. The annual fee for an the nearest points of the two buildings. Section 11 -110. CLUBS.
"On Sale" license shall be Two hundred Subdivision 3. No "on sale" license shall No club shall sell beer except to mem-
fifty & no /100 dollars ($250.00), except for be granted for a bona fide club which has bers and to guests in the company of members.
bona fide Clubs where the annual license not been in operation and eligible to receive Section 11 -111. RESTRICTIONS ON PUR-
fee shall be Ten Dollars ($10.00). The an- a license for at least six months immediately CHASE AND CONSUMPTION.
nual fee for an "Off Sale" license shall be preceding the application for a license. Subdivision 1. No minor shall misrepre-
Ten Dollars ($10.00). Section 11 -108. CONDITIONS OF LICENSE. sent his age for the purpose of obtaining
Subdivision 4. No part of the fee paid Subdivision 1. Every license shall be beer.
for any license issued under this ordinance granted subject to the conditions in the Publish*d in Subdivision 2. No person shall induce a
shall be refunded except in the following following subdivisions and all other pro- minor to purchase or procure beer.
instances upon application to the Council visions of this ordinance and of any other I Subdivision 3. No person other than the
within 30 days from the happening of the applicable ordinance of the village or state `OOKLYN CENTER POST parent or legal guardian shall procure beer
event. The Council may in its judgment law• for any minor.
refund a pro rata portion of the fee for the Subdivision 2. All licensed premises shall 5617 Corvallis Ave. N. Subdivision 4. No minor shall have beer
un- expired period of the license, computed have the license posted in a conspicuous iEAPOLIS, M'INNESOT'A 55429 in his possession with the intent to consume
-- on a monthly basis, when operation of the Place at all times. it at a place other than the household of
licensed business ceases not less than one Subdivision 3, No beer shall be sold Or his parent or guardian. Possession of such
month before expiration of the license be- served to any intoxicated person or to any non - intoxicating malt liquor at a place other
cause of: person under 21 years of age. DATE OF PUBLICATION than the household of his parent or guardian
(1) destruction or damage of the licensed shall be prima facie evidence of intent to
premises by fire or other catastrophe. consume at a place other than the household
(2) the licensee's illness. Subdivision 4. No minor under 21 shall of his parent or guardian.
(3) the licensee's death. be permitted to sell or serve beer in any Subdivision 5. No person shall consume
(4) a chatlge in the legal status of the "on sale" establishment. or display any intoxicating liquor on the Section 11 -113. SEPARABILITY.
municipality making it unlawful for Subdivision 5. No gambling or any gam- premises of a licensee who is not also Every section, provision or part of this
a licensed business to continue. bling device shall be permitted on any licensed to sell intoxicating liquors. ordinance is declared separable from every
Section 11 -105. GRANTING OF LICENSE. licensed premises. ATTORNEY Section 11 -112. REVOCATION. other section, provision or part; and if any
Subdivision 1. The Village Council shall Subdivision 6. No manufacturer or whole- The violating of any provision or condition section, provision or part of any ordinance
Investigate all facts set out to the applies- saler of beer shall have any ownership of of this ordinance by a beer licensee or his shall be held invalid,. it shall not affect any_
tion. Opportunity shall be given to any or interest in an establishment licensed to agent shall be ground for revocation or other section, provision or part thereof.
- person to be heard for or against the grant- sell at retail contrary to the provisions suspension of the license. The license of Section 11 -114. SUPREMACY CLAUSE.
ing of the license. After such investigation of M.S.A. 340.02. No retail licensee and any person who holds a federal retail liquor The snptemacy clansefoundin Section 23-
and hearing the Village Council shall grant manufacturer or wholesaler of beer shall dealer's special tax stamp without a license 011 shalt not ap; 1, tcSections li -101 through
or refuse the application in its discretion. be parties to any exclusive purchase con- to sell intoxicating liquors at such place 11 -116.
Subdivision 2. Each license shall be tract. No retail licensee shall receive any shall be revoked without notice and without Sectl.'n I1 -IV - PENALTY.
issued to the applicant only and shall not benefits contrary to law from a manufacturer hearing. In all other cases, a license granted qn, person violating any provision W
be transferable to another holder. Each or wholesaler of beer and no such manu- under this ordinance may be revoked or this ordinance shall upon conviction thereof
license shall be issued only for thepremises facturer or wholesaler shall confer any FILED suspended by the Council after writtennotice be punished by a fine of not more than
described In the application. No license may benefits contrary to law upon a retail licensee, to the licensee and a public hearing. The one hundred dollars ($100.00) or imprisoned
be transferred to another place without the Subdivision 7. No licensee shall sell beer notice shall give at least eight days' notice for not more than ninety (90) day's, plus
approval of the Village Council. while holding or exhibiting in the licensed of the time and place of the hearing and the costs of prosecution in either case.
Section 11 -106. PERSONS INELIGIBLE premises a Federal retail liquor dealer's shall state the nature of the charges against Section I1 -116. REPEAL OF PRIOR
FOR LICENSE. special tax stamp unless he is licensed the licensee. The Council may suspend any ORDINANCE.
No license shall be granted toanyperson: under the laws of Minnesota to sell intoxi- license pending a hearing on revocation or
Section 11-101 through 11 -121 inclusive
(1) Under twenty -one years of age. eating liquors. suspension. of the ordinances of the Village of Brooklyn i
(2) Who has, within the past five years, Subdivision 8. No licensee who is not )p OOKLYN CENTER POST Center are hereby repealed, and the fore -
been convicted of a felony, or of also licensed to sell intoxicating liquor shall I R going sections shall be inserted in accordance
violating the National Prohibition Act sell or permit the consumption or display with the section numbers as designated
or any law of this state or local of intoxicating liquors on the licensed prem- herein.
ordinance relating to the manufacture, ises or serve any liquids for the purpose 11 Section 2. This ordinance shall be ef-
transportation or sale of non - intoxi- of mixing with intoxicating liquor. The pres- fective from and after its legal publication.
eating liquors. ence of intoxicating liquors on the premises Adopted this 25th day of July, 1966.
(3) Who is a manufacturer of beer or who of such a licensee shall be prima facie PHILIP Q. COHEN,
is interested in the control of anyplace evidence of possession of intoxicating liquors Mayor
where beer is manufactured. for the purpose of sale; and the serving of ATTEST:
(4) Who is an alien'. any liquid for the purpose of mixing with EARL S. SIMONS,
(5) Who is not of good moral character. intoxicating liquors shall be prima facie Clerk
(6) Who is or during the period of this evidence that intoxicating liquor is being (Published in The Brooklyn Center Post
license becomes the holder of a Fed- permitted to be consumed or displayed con- August 4, 1966.)
eral retail liquor dealer's special tax trary to this ordinance.
stamp for the sale of intoxicating - --
liquor at any place unless there has