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HomeMy WebLinkAbout1938-01 03-17 AP P'UBLISHE'D NOTICE SECTION 6 SECTION 9 ORDINANCE Intoxicating Liquor Forbidden Licensing and regulating the sale Licensing Requirements No licensee not having an intox- of ran- intoxicating malt liquors, All licenses granted hereunder seating liquor license issued under repealing inconsistent ordinances shall be issued subject to the folow- the provisions of Chapter 46, Extra and providing a penalty for the ing conditions, and all other oondi- Session Laws of 19.33 -34, and acts violation hereof, tions of this ordinance, and subject amendatory ithereof shall permit VILLAGE CIOUNCIL of BROOKLYN to all other ordinances of the vil- the consumption of intoxicating CENTER DO ORDAIN: lage applicable thereto; liquors on the licensed premises, SECTION 1 No license shall be granted to any nor shall any licensee serve soft Definition of Terms person under twenty -one years of drinks to be used for "mixing" (a) As used in this ordinance, a purposes. The violation of this the term "person" shall mean and No license shall be granted to any section shall automatically revoke include a natural person of either person who has been convicted of a the licensee's license without the sex, persons, co- partnerships, oor- felony, or of violating the national necessity of formal action by the porations and associations of per- or state liquor laws or local ordin- council. sons; and shall include the agent ante relating to manufacture or SECTION 10 or manager of any of the afore- 'transportation of intoxicating liq- Hours of Sales said. The singular number shall uors. No sales of any non - intoxicating Include the plural, and the mascu- No license shall give permission malt liquor shall be made_ between line pronoun shall include the! fern- to sell non - intoxicating malt liquor the hours of 12:00 P. M. and 7:00 thine and neuter. In any theater, recreation halt or A. M. of any day, nor on Sunday, (b) "Non- intoxicating malt liq- center, dance hall, bail park, or oth- nor on any primary, general or nor" shall mean any potable malt eo place of public gathering for the special election day. beverage with an alcoholic content purpose of entertainment, amuse- SECTION 11 of more than one -half of one merit or playing of games, and no p such liquor shall be consumed there. Sale to Club Members cent by volume and not more than No club shall sell neon- intoxicat- three, and two - tenths per cent by No "On -sale" license shall be ing malt liquor except to members weight. granted for sales in connection with and to guests in the company of (c) A "bona Ride club" as used any business or club where such members - herein shall be any club organized business or club has not been in SECTION 12 for social or business purposes, or operation at that place for at least Serve in P'ablle View for intellectual improvement, or for six months immediately preceding In any place licensed for "on- the promotion of sports, where the such application, sale" the non - intoxicating matt serving of such liquors is incident- No license shall be granted for liquor sold shall be served and al to and not the major purpose sale on any premises where a 11- consumed at tables in the dining of the club, censee has been convicted of the or refreshment room of the cafe, (d) "Cafe" or "restaurant" as violation of this ordinance or where restaurant, hotel or club, and shall used in this ordinance shall mean any license hereunder has been re- not be consumed or served at bars; any place where preparing and voked for cause for at least one provided the same may be served serving lunches or meals to the year after the said conviction or a t counters where food Is regularly pub9 revocation. ic to be consumed on the served and consumed. All windows premises constitutes the main busi- No sale of any non - intoxicating in the front of any such place shall ness thereof. malt liquor shall be made to any be of clear glass, and the view of SECTION 2 person under guardianship, nor to the whole interior shall be unob- Licenses —Kinds and to Whom any person under twenty -one years strutted by screens, curtains or Issued of age. partitions: There shall be no par - No person shall sell, vend, deal No gambling, nor any gambling tition, box, stall, screen, curtain or in or dispose of, by gift, &ale or device prohibited by law, shall be other device which shall obstruct otherwise, or keep or offer for permitted in any licensed ,premises. the view of any part of said room sale, any non-intoxicating. malt from the general observation of liquor ;within this village without All licenses granted under this persons in said room; .provided, first having received a license ordinance shall be issued to the however, that partitions, subotvi- therefor as hereinafter provided, applicant only and shall be issued sions or panels not higher than Licenses shall be of two kinds: for the premises described in the forty -eight inches from the floor "On -sale" and "Off- sale." applicaltion. Such license shall not shall not be construed as in con - j "On -sale" licenses & h a 1 I be be transferred to another place flict with the foregoing; and pro - granted only to drug stores, cafes, without the approval of the licens- vided, however, such license shall restaurants and hotels where food ing authority. entitle the holder thereof to serve is prepared and served for con- No license shall be granted to non - intoxicating malt liquors in a sumption on the premises and in any manufacturer of non - intox- separate room of such reptaurartt bona fide clubs, and shall permit icalting malt liquor nor to any one to banquets or dinners at which the Sale of such liquor for con- interested in the control of any are present not less than 10. per - sumpdion on the premises only. such place, and no equipment or sons. "Off- sale" licenses a It a 111 be fixture in any licensed place shall SECTION 13 granted to permit the sale at re- be awned in whole or in part by Unconditional Power to Revoke tail and wholesale of such liquor any such manufacturer. I Any license granted hereunder In the original packages for re- No license shall be granted with- may be revoked by the licensing moval from and consumption off in 600 feet of any public school authority without notice to the the premises only. nor 'within 600 feet of any church. grantee; or a hearing may first SECTION 3 Licenses shall be granted only to be held and the revocation then Applications for Licenses persons who are citizens of the made for cause. Any violation of All applications for any license United States and residents and any provision or condition of this to sell non - intoxicating malt liquor voters of the village of Brooklyn ordinance or any falsification of shall be made on forms to be sup- Center and to persons of good any statement in the appliceAlon plied by the village, setting forth moral character. shall be ground for revocation. No the name of the person asking for BOND REQUIREMENT portion of the license fee paid Into such license, his age, represents- An applicant. for an "On- sale" li- the treasury shall be returned upon tions as to his character with such tense shall file with the clerk of revocation. references as may be required, his the Village of Brooklyn Center a SECTION 14 citizenship, the location where bond with corporate surety, or, in Conflicting Laws Repealed such business is to be carried on, lieu thereof, cash or United States All ordinances or provisions t whether such appplication ins •for "on- Government bonds in a sum, not thereof of the village in conflict sale" or "off - sale," the business in less than $50.0.00 nor more than with any of the provisions hereof connection with which the pro- $1,000.00 as the 'Village Council of or ordinance No. 15 of the village posed license will operate, whether Brooklyn Center shall determine, adopted April 15, 1933, are hereby applicant is owner and operator of which bond shall be approved by repealed. Nothing hereunder Shall such business, the time such appli- the Village Council, permit the manufacture, sale or cant has been in that business at 1No license shall be issued to any transportation, or keeping or nav- that place, and such other informs- person who has a twenty -five dol- ing in possession for sale or trans - tion as the governing body may re- lar federal occupational tax re- plortation of, or taking or receiv- quire from time to time. It shall ceipt unless such person has a li- ing, or soliciting, any order for any be unlawful to make any false tense to sell intoxicating liquor In liquor of a greater alcoholic con- statement In an application. accordance with the pnovisions of tent than three and two - tenths by SECTION 4 Chapter 46, Extra Session Laws of weight except for medicinal, phar- Lieense Fees 1933 -34, and a c t a amendatory maceutical or scientific purposes, All applications for licenses shall thereof. and any such act to hereby made be accompanied by a receipt from SECTION 7 unlawful. Any violation of this 'the village clerk for the required provision upon any premises li- annual fee for the respective li- Right to Search and Seise tensed hereunder shall also con - cense. All such fees shall be paid Any peace officer shall have the stitute grounds for revocation of Into the general fund of the munic- unqualified right to ender, inspect the license, and the same shall be ipality. Upon rejection of any ap- and search the premises of a Si- automatically revoked upon a con - plication for a license, the Clerk censee hereunder, during business victiion of the violation of this pro - shall refund the amount paid. hours, without a search and Betz- vision. The annual fee for an "On- sale" 'are warrant, and seize all intoxi- SECTION 16 license shall be $100.00. cating liquors found on the prem- Violation a Misdemeanor The annual fee for an "Off- sale" ises of such licensee, unless such Any person violating any provi- license shall be five dollars ($5.00). licensee has an intoxicating liquor sion of this ordinance shall be All licenses shall expire on the license issued under the provisions guilty of a misdemeanor, and upon last day of June in each year; pro- of Chapter 46, Extra Session Laws conviction thereof shall be pun- s vided that if eight months of any of 1933 -34, and acts amendatory ished by a fine of not more than licensing year have elapsed when thereof. one hundred dollars ($100.00), or the application is made, the iee in default of such payment shall shall be reduced to one -half of SECTION 8 be imprisoned in the county jail the regular amount 'thereof. License Automatically Revoked for not to exceed ninety (90) days, SECTION 6 The presence of intoxicating liq- plus the coats of prosecution In Applications Investigated ODSL on the premises of a licensee any case. The village council shall cause hereunder, unless said licensee has SECTION 16 y an investigation to be made of all an Intoxicating liquor license is- This ordinance shall take effect facts met forth in the application. sued under the provisions of Chap- and be in force from and after Opportunity shall be given to any ter 46, Extra Session Laws of 1933- its publication. person to be heard for or against 34, and acts amendatory thereof, Passed by the council this 12th the granting of any license. After possession -of intoxicating liquors day of February, 1938. such investigation of isuch appli- for the purpose of sale, and the W. G. GALLIEN cation, license may be granted or license granted to said licensee Maybr refused at discretion. All licensed shall be automatically forfeiteu (SEAL) Attest: premises shall have the license without the necessity of formal W. C. PETER, Clerk. therefor posted in a conspicuous shall be prima facie evidence of Published In Hennepin County place at all timers. action by the council. Enterprise March 17, 1938.