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HomeMy WebLinkAbout1961-08 07-20 AP I AN ORDINANCE RELATING TO LICENSING AND REGULAT -I ING THE USE AND SALE OF r vTOXICATING LIQUORS BY SUBS AND TO PROVIDE PENALTIES FOR VIOLATIONS • Village of Brooklyn Center THE VILLAGE COUNCIL OF THE THE BROOKLYN CENTER PRESS VILLAGE OF BROOKLYN CENTER, MINNESOTA, DOES ORDAIN: i AFFIDAVIT OF PUBLICATION SECTION 1. Chapter 11 of the Villager Ordinances is hereby amended by adding' :hereto Sections 11.501, 11.502, 11 -503, 11- :04, 11 -505, 11 -506, 11 -507, 11- 508,.11 -509, 11.510, 11 -511, and 11 -512, and said Sections :o read as follows: SECTION 11 -501. DEFINITIONS. STATE OF MINNESOTA a) The term "club" shall mean and in. SS. :lude any corporation duly organized under COUNTY OF HENNEP'IN the laws of the State of Minnesota for civic, fraternal, social or business purposes or for intellectual improvement or for the promo- tion of sports, which shall have more than fifty members, and which shall for more, than a year have owned, hired or leased al building or space In a building of such ex -� tent and, character as may be suitable and I. C. L.'Herault, being duly sworn on oath says that he is and during all the times herein stated has adequate for the reasonable and comfortable' been President of The Post Publishing Co.. the publishers of the newspaper known as THE BROOKLYN accommodation of its members, and whose CENTER PRESS, and has full knowledge of the facts herein stated; that for more than one year prior affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members to the publication therein of the........... .................... ............................... at a meetings held for that purpose, none of whose members, officers, agents, or employ -, ees are paid directly or indirectly any coin- hereto attached, said newspaper was pensation by way of profit from the dish-i printed and published in the Village of Crystal in the County of Hennepin, State of Minnesota, on bution or sale of beverages to the members' Thursday of each week; that during all said time the following conditions have existed: of the club beyond the amount of such rea -� sonable salary or wages as may be fixed and voted each year by the directors or other, governing body. Said newspaper has been printed in the English language from its known office of publication within b) The term "person" shall mean and' s he village from which it purports to be issued as above stated in column and sheet form equivalent in space include a natural person of either sex, per -I to at least 450 running inches of single column, two inches wide; it has been issued once each week from a sons, co- partnerships, corporation, and as -1 Known office established in such place for publication and equipped with skilled workmen and necessary sociations of any persons, and shall include' material for preparing and printing the same; the press work thereon has been done in its known office of the agent or manager of any of the afore-1 publication; in its makeup not less than twenty -five per cent of its news column has been devoted to local said. The singular number shall include' news of interest to the community which it purports to serve; it has contained general news, comment and the plural, and the masculine pronoun shall' miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat - include the feminine and neuter, ` ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the SECTION 11 -502. LICENSE REQUIRED. extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has bad No person shall sell, deal in, or dispose I entry as second class matter in its local postoffice; has filed a copy of each issue with the State Histori- of by gift, sale, or otherwise ar-y liquori cal Society in St. Paul; and there has been on file in the office of the County Auditor of Hennepin without first having obtained a license so toi County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and r • do from the Village Council; provided, how -1 location of said newspaper and the existence of the conditions constituting its qualifications as a legal ever, that this section shall not prohibit; newspaper. the giving or serving thereof to guests in al private home, shall not prohibit the sale thereof by a manufacturer or distributor to That the legal or official matter hereto attached was cut from the columns of said newspaper, and was a person holding a licerse thereunder, and shall in no way effect the operation of the municipal liquor stores. printed and published therein in the English language once each week, for ..............successive weeks; SECTION 11 -503. LICENSES -- KIND AND TO WHOM ISSUED. "On- Sale" licenses only may be issued to That it was first so published on Thursday, the ................... ...........................day of clubs as above defined and shall permit the sale of liquor to club members only for con- sumption on the premises. . ............................... .........., 19......, and thereafter on Thursday of each week to and SECTION 11 -504. APPLICATIONS FOR LICENSES. All applications for a license hereunder including tae .............. day of .. 19......, and shall be made on forms to be supplied by that the following is a printed copy of the lower case alphabet from A to Z,- both inclusive, and is hereby the Village setting . forth all information acknowledged as being the size and kind of type used in the composition and publication of said legal or necessary to show whether or not the club official matter, to -wit: qualifies for such a license under this ordi- abcdefghijklmnn ;igrstuvwxyz -6 -Pt. Oldstyle nance, together with such additional infor- mation as may be required by the Village abodefghijklmnopgrstuvwxyz -6 -pt. Devinne Counci, . SECTION 11 -505. LICENSE FEES AND abedefghijklmnopgrstuvwxyz- 7% -pt. Excelsior LIABILITY INSURANCE. abcdefghijklmnopgrstuvwxyz -7 Memphis Bold All applications for licenses shall be ac -, companied by a receipt from the Village', Clerk for the required annual fee of the, license. The fee for said lays ($1 All' hundred dollars y shall be one hundred applications shall also be accompanied by a ,,,.'•''�''"/ . �- ,/ r liability- insurance policy which shall be in the amount of ten thousand dollars ($10,000.00) coverage for one person and twenty thousand ($60,000.00) coverage for' Subscribed and Sworn to before more than one person and shall specifically' provide for the payment by the msurancej b p ay re so e mplo y ees, i nj u ry ry b ili y imp td upon p erson A 1J.. 19..... . company on beha O the bec ome obli of all me this ....................day of.... u ng the liability imposed upon the insured by Minnesota ..................... ............................... Statutes Section 340.95. Such liability in -1 surance policy shall contain such other andl additional Provisions as provided by Minne- sota Statutes Section 340.12. All licenses shall expire on the last day l of December in the year in which said h.l tense is issued. A fee for the renewal of � any licerse issued under this ordinance shall be paid to the Village Clerk prior to the first day of January of the year for which said licerse 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 %n) for "each morth or portion thereof which has elapsed since said date. SECTION 11 -506. APPLICATIONS INVESTIGATED. The Village Council shall cause an in- Ivestigation to be made of all facts set forth un the application. Opportunity shall be gi -' iven to any person to be heard for or against the granting of any license. After such in- vestigation of the application, a license may be granted or refused at the discretion of N O. . - -- - -- -- . the Village Council. SECTION 11 -507. TERMS AND CON. DITIONS OF LICENSES. Affidavit of Publication All licenses granted hereunder shall be OF issued subject the following conditions, and all other coo SECTION 11 -510. REVOCATION OF nditions of this ordinance, and subject to all other ordinances of the LICENSES. Village applicable thereto: a) The license shall' all Any license granted hereunder may be times in a conspicuous placce e on the licensed posted revoked by the Village Council for cause-1 'ause for revocation shall be violation by or its employees of a premises. :be license or law of b) No sale of any liq he State of Minnesota relating to intoxicat- will be made to', : any person under guardianship nor to any n liquor or violation U person under 21 years of age. g q y the licensee or its c) No gambling nor any gambling device =ployees of any provision or condition of prohibited by law shall be permited in any his ordinance. A license shall be deemed licensed premises. - evoked upon the p passage of the Village d) All licenses granted under this ordi- �ouncil of a resolution to that effect, and nance shall be issued to the applicant only Published in io portion of the license fee paid shall be and shall be issued for the premises desig- :eturned -upon revocation. nated in the application. Such license shall THE BROOKLYN CENTER PRESS SECTION 11 -511. REPEAL. not be transferred to another place without All. ordinances or parts of ordinances of approval of the licensirg authority. 5617 Corvallis Ave. N this Village inconsistent herewith are hereby N . e) No license shall be granted within six repealed. No provision hereof shall affect hundred feet (600') of any public school MINNEAPOLIS 22 MINNESOTA the municipal liquor stores. nor within six hundred feet (600') of any SECTION 11.512. PENALTIES. church. Ashy person violating any of the provi- sions of this ordinance shall be guilty of a f) The licensed premises shall be open tc DATE OF PUBLICATION misdemeanor, and upon conviction thereof, inspection by any police or health offices shall be punished by a fine of not more or other properly designated officer or em- than one hundred dollars ($100.100) or im. ployee of the Village at any time during prisonmer-t in the County Jail for not more which the club shall be open to its members than ninety (90) days. for business. SECTION 2. This ordinance shall be in full g) The sale of intoxicating liquor under force and effect from and after its legal such license is restricted to members of the publication. club which holds the license. Passed by the Village, Council this 10th h) The licensee shall strictly observe all ATTORNEY day f y July, 1961. of the laws relative to the "on- sale" of it.,- (SEAL) 'toxicating liquor as set forth in the Minne- WILLIAM N. SUPER, .aota Statutes, together with all the rules and Mayor. regulations of the State Liquor Control ATTEST: Commission insofar as they are applicable H.A. DORFF, Clerk. i) The liability insurance policy as re- (Published in The Brooklyn Center Press quired by this ordinar -ce shall be in full force and effect during the term of any li- July 20 and 27, 1961). tense granted hereunder. SECTION 11 -505. SALES TO INTOXICATED ,FERSONS PROHIBITED. FILED No licensee shall sell or serve such malt liquor to any intoxicated person or personal 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 persons shall t him- THE BROOKLYN CENTER PRESS self or themselves in a disorderly ly or or boister- ous manner upon the premises of a licensee holding an "on- sale" license, nor shall such' licensee permit or suffer such conduct upon) 11 such licensed premises.