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HomeMy WebLinkAbout1961-08 07-10 CCO AN ORDINANCE RELATING TO LICENSING AND • REGULATING THE USE AND SALE OF INTOXICATING LIQUORS BY CLUBS AND TO PROVIDE PENALTIES FOR VIOLATIONS THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER, MINNESOTA, DOES ORDAIN: Section 1. Chapter 11 of the Village Ordinances is hereby amended by adding thereto Sections 11 -501, 11 -502, 11 -503, 11 -504, 11 -505, 11 -506, 11- 507, 11 -508, 11 -509, 11 -510, 11 -511, and 11 -512, and said Sections to read as follows: 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 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 distri- bution 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, corporations, and associations of any persons, and shall include the agent or manager of any of the aforesaid. The singular number 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 pro- hibit the sale thereof by a manufacturer or distributor to a person holding a license hereunder, and shall in no way effect the operation of the muni- + y P cipal 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. S All applications for a license hereunder shall be made on forms to be supplied by the Village setting forth all information necessary to show whether or not the club qualifies for such a license under this ordinance, together with such additional information as may be required 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 ($100.0. All applications shall also be accompanied by a liability insurance policy which shall be in the amount of ten thousand dollars ($10,000.00) coverage for one person and twenty thousand ($20,000.00) 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 by law 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 provi- sions 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 issued. 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 investi- gation of the application, a license may be granted or refused at the dis- cretion 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 he license shall be osted � 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 authority. e) No license shall be granted within six hundred feet (600') 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 by the holder of such license. Section 11 -509. DISORDERLY CONDUCT PROHIBITED. No person or persons 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 of 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 man:icipal liquor stores. Section 11 -512. PENALTIES. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00) or imprisonment in the County Jail for not more than ninety (90) days. Section 2. This ordinance shall be in full force and effect from and after its legal publication. Passed by the Village Council this 10th day of July, 1961. - gat Attest: Mayor v Clerk (Seal)