Loading...
HomeMy WebLinkAbout1966 07-25 CCM Regular Session Fl 105 Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Mimsota July 25, 1966 The Village Council met in regular session and was called to order by Mayor Philip Cohen at 7 :30 P.M. Roll Call: Present were Mayor Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard. Also present were: D. G. Poss, T. L. Hadd, P.W. Holmlund, Roger Van House, James Johnston and Thomas O'Hehir. Motion by Howard Heck and seconded by Theodore Willard to approve the minutes of the July 14, 1966 Special Council meeting as recorded. Voting in favor of the motion: Philip Cohan, Howard Heck, Earl, Simons and Theodore Willard. Not voting: John Leary. Motion carried. Motion by John Leary and seconded by Howard Heck to approve the minutes of the July 18, 1966 Council Meeting as recorded. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION NO. 66 -220 RESOLUTION REQUESTING EXTENSION OF TWIN CITY BUS LINE BER CE ON Q6610..RM The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 66 -221 RESOLUTION REQUESTING TEE INTRODUCTION OF LEGISLATION IN THE CONGRESS OF THE UNITED STATES FOR THE PURPOSE OF REIMBURSING THE VILLAGE OF BROOKLYN CENTER FIFTY PERCENT C F The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by John Leary and seconded by Howard Heck to accept the recommendation of the Village Administrator and release the $3500.00 performance bond of Northbrook Shopping Center. Motion carried unanimously. Motion by Earl Simons and seconded by John Leary, based upon the report of the Chief Building Inspector that the subject nuisance has been abated, to direct the Attorney to discontinue nuisance proceedings against the property at 5531 Fourth Street North. Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck to accept the recommendation of the Administrator and appoint John Fisher as a Liquor Store Clerk, effective 7 -20 -66 at a salary of $1.50 per hour. Motion carried unanimously. _ 1 .. 1�3 Motion by Howard Heck and seconded by John Lary to approve the following licenses: Bingo License St. Alphonsus Church 71st & Halifax Ave. North Cigarette license: Penny's Brookdale Center Brookdale Center Gasoline Servicg Li� cense Marv's Belt Line "66" 5001 - Drew Ave. North Food Establishment License J. C. Penny Company 1265 Brookdale Center Mrs. Derry Wood -dba- The Woodshed 5742 Morgan Ave. North Non -Pens hable - r ,Ferishable Vendor$ Mcensee; Penny's Brookdale 1265 Brookdale Center Minn.Acme Vending Co. 2411 Washington Ave. No. Heating License Lamb Plumbing & Heating Co. 103 Washington Ave. North Motion carried unanimously. The Council then considered Application No. 66052 submitted by Mrs. Gerald Stano. After due consideration of the Planning Commission's recommendation on the subject application, the Mayor called for comments from interested parties in attendance. After consideration of all comments made in regard to the application, member Theodore Willard moved and member Howard Heck seconded that Application No. 66052 be approved and that a Special Use Permit be issued to Mrs. Gerald Stano to allow operation of a beauty shop in the basement of the home at 6000 Girard Avenue North, provided that: 1. The applicant meets the building code requirements. 2. A special use is permitted only as long as the applicant is the occupant of the subject house. 3. The driveway shall be capable of accommodating two customers' cars. 4. The operation of the business shall be limited to the applicant as owner - operator. Motion carried unanimously. The Village Council then considered Application No. 66059 submitted by Dayton Development Co. After reviewing the Planning Commission's recommendations on the subject application, the Mayor called for comments from interested parties in attendance. After due consideration of the recommendation and comments made in regard to the subject application, member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -222 RESOLUTION APPROVING APPLICATION # 66059 SUBMITTED BY 2M ON D The motion for the adoption of the foregoing resolution was duly seconded by member Jahn Lary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passel and adopted. �._ -2 109 Motion by Howard Heck and seconded by Earl Simons to rescind the Council action of May 23, 1966 on Application No. 66029 regarding the approval of a directional sign for the Brookdale Center to be located at Shingle Creek and Highway 100. Motion carried unanimously. The Village Council then considered Application No. 66054 submitted by Dayton Development Company regarding site and building plan approval for a "Bonanza Sirloin Pit" restaurant. After reviewing the Planning Commission's recommendations on the subject application, the Mayor called upon interested parties in attendance for comments, After due consideration of the recommendations and comments regarding the application, member John Leary moved and member Howard Heck seconded that the site plan and building plan for the "Bonanza Sirloin Pit" restaurant submitted by Dayton Development Company be approved as submitted, with the following qualifications: 1. No free- standing sign has been considered in this application. 2. As soon as practical, the Bonanza Restaurant lease lines shall be incorporated into a Registered Land Survey or plat. Motion carried unanimously. Motion by Theodore Willard and seconded by john Leary to refer Application No. 66060 submitted by Dayton Development Company back to the Planning Commission for alterations as proposed by the representative of the applicant, Mr. Ralph Martinson. Motion carried unanimously. The Council then considered Application No. 66051 submitted by Thomas Wilder. After consideration of the Planning Commission's recommen- dations on the subject application, the Mayor called for comments from interested parties in attendance. After due deliberation on the comments and recommendations, member Howard Heck moved and Earl Simons seconded. that due to an unintentional error in construction And locating the building at 6724 Camden Avenue North, legally described as Lot 6, Block 2, Hoffman Addition, and due to the fact that the error was not discovered until after completion of the building, the Council finds that a hardship exists and therefore grants a variance from Section 35 -402 to permit an S -foot side yard set -back from the north property line at 6724 Camden Avenue North, rather than the required 10 feet. Motion carried unanimously. Motion by Theodore Willard and seconded by john Leary to approve the final plat of DeMac Addition and authorize the Mayor and Clerk to sign the same. Motion carried unanimously. Motion by Howard Heck and seconded by Theodore Willard to table action on !Application No. 66019 submitted by DeMac Inc., pending approval of zoning for the subject parcel. Motion carried unanimously. Motion by john Leary and seconded by Theodore Willard to table action on (Application No. 66053 submitted by Village Builders, Inc. , pending submission by the applicant of the revised preliminary plat of the subject area. Motion carried unanimously. Member Theodore Willard introduced the following ordinance amend- ment, moved to declare a second reading, and further moved its adoption, provided however, that for the purposes of the minutes of the proceedings of the Village Council, the text of the ordinance amendment shall be attached to the . minutes and be a part thereof: CHAPTER 11 - LIQUOR ORDINANCES Non - Intoxicating Liquors AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON- INTCKICATING MALT LIQUORS AND PROVIDING A U L M&= FQR TIN VLQLATL QN =REQF _3 - The motion for the adoption of the foregoing ordinance amendment was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, john Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said ordinance amendment was declared duly passed and adopted. The bills having been audited, Earl Simons moved and Theodore Willard seconded to order paid the bills set forth in the schedule dated July 25, 1966, and filed in the permanent record book. Motion carried unanimously. Motion by Howard Heck and seconded by Theodore Willard to declare a first reading on an Ordinance Regulating the Possession and Purchase or Delivery of Barbiturates and Other Prohibited Drugs. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to declare a first reading of an Ordinance Regulating the Sale and Possession of Codeine. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to declare a first reading of an Ordinance Prohibiting the Inhaling, Breathing or Drinking of Certain Substances Commonly Known as Glue, and Regulating the Purchase.. Sale and Possession Thereof. Motion carried unanimously. Mr. Leary appointed Mr. Duane States, 6218 June Avenue North to serve as a member of the Capital Improvements Review Board. Motion by John Leary and seconded by Howard Heck to adjourn. Motion carried unanimously. The Village Council adjourned at 11:40 P.M. I Mayor Clerk -4 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 - Intoxicating 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 S. "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". Sermon 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 bus Ines a,, how lung 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. Subdiv#ision 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. Eech 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 11 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 follaw3Q instances upon application to the Council within 30 days from the happening of the event. The Council may In its judgmeat 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) this 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 taut 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 -10$ 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 any licensedpremises. 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 Sunday 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 tours 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. r Section 11 -111 (Continued) Subdivision 5, No person shall consume or display any intoxicating 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 say 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 hearingo 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. Sectim 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: Clerk Mayor i