HomeMy WebLinkAboutOrdinance - 29 - Regulating Sale and Consumption of Non-intoxicating Malt Liquors; also see Ordinance No. 33 - 02/12/1963 VILLAGE OF EDER PRAIRIE
ffi JNEPIN COUNTY, MINNESOTA
ORDINANCE NUMBEN. 29
AN ORDINANCE LICENSING AND REGUIX ING THE SALE AND
CONSUMPTION OF NON-INTOXICATING MALT LIQUORS AND
PROVIDING A PENALTY FOR THE VIOLATION THEREOF. 4
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THE COUNCIL OF THE VILLAGE OF EDEN PRAIRIE DOES ORDAIN:
Section 1. Definition of Terms. Subdivision 1. As used in this
ordinance, the term "person" includes a natural person of either sex, co-
partnership, corporation and association of persona and the agent or manager
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
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by volume and not more than three and two-tenths per cent by weight.
Subdivision 3. "Intoxicating liquor" means any distilled, fermented
or vinous beverage containing more -::ban 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 5. "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 businaaa
/ is preparing and serving lunches or meals to the public to be consumed an the
premises.
Subdivision 7. "Beer Store" means an establishment for the sale
of beer, cigars, cigarettes, all forms of tobacco , beverages and soft drinks
at retail.
Section 2. 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
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first having received a license as hereinafter provided. Licenses shall be
of two kinds: (1) Retail "on sale"; (2) Retail "off sale".
Subaivision 2. "On Sale" licenses shall be granted only to bona
fide clubs, beer stores, drug stores, 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 3. Applications for License.
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 business, how
long 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.
Section 4. License Fees.
Subdivision 1. Each application for a license shall be accompanied
by a receipt from the village treasurer 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 treasurer
shall refund the account paid.
Subdivision 2. All licenses shall expire on the last day of Vic?
in each year. Each license shall be issued for a period of one year, except
that if a portion of the license yearbas elapsed when the application is made„
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a license way be issued for the remainder of the year for a pro rats. fee. In
computing such fee, any unexpired fraction of a month shall be counted as one T
month.
Subdivision 3. The annual fee for an "On Sale" license shall be
The annual fee for an "Off Sale" license shall be 3Oiam ten
c•
dollars
Subdivision 4. No part of the fee paid for any license issued under
this ordinance shall be refunded except in the following instances upon applica-
tion to the council within /`- days from the happening of the event. There
shall be refunded a pro rata portion of the fee for the unexpired 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 death.
�3 the licensee's illness.
4 a change in the legal status of the municipality making it
unlawful for the licensed business to continue.
Section 5. Granting of License.
4. Subdivision 1. The village council shall investig4te all facts not
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 hear-
ing 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 transferred to
another place without the approval of the village council.
Section 6. Persons Ineligible for License.
No license shall be granted to any person:
(1) under twenty-one years of age.
(2) who has 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 or transportation 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 or a non-resident of the village of Eden Prairie.
(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 tax stamp for the
sale of intoxicating liquor at any, place unless there has also
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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.
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Section 7. 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 2a No license shall be granted for any place within jtjQC,)
feet of any public school or within f (' �'t� feet of any church.
Subdivision 3. No "on sale" license shall be granted for a business
or 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 S. 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. No beer shall be sold or served to any intoxicated
person or to any person under 21 years of age.
Subdivision 4. No minor shall be permitted to consume beer on the
licensed premises unless accompanied by his parent or legal guardian.
Subdivision 5. No minor under 21 shall be employed on the premises of
a beer store or be permitted to sell or serve beer in any "on sale" establishment.
Subdivision 6. No gambling or any gambling device shall be permitted
on any licensed premises.
Subdivision 2. 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. 540.02. No retail licensee and manufacturer or A'
wholesaler of beer shall be parties to any exclusive purchase contract. No F
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.
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Subdivision 8. No licensee shall sell beer white holding or
exhibiting in the licensed premises a federal retail liquor dealerts special
tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating
liquors.
Subdivision 9 No licensee who is not also licensed to sell i:.toxi-
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cating 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 intoxi—
cating liquor is being permitted to be consumed or displayed contrary to this
ordinance.
Subdivision 10. 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 seize all intoxicating liquors
found on the licensed premises.
Subdivision 11. Every, licensee shall be responsible for the conduct
of his place of business and shall maintain conditions of sobriety and order.
Subdivision 12. An "on sale" license shall entitle the holder to
serve beer in a separate room of the licensed premises for banquets or dinners ,
aeadsi. r
Section S. Closiag 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 evade between the hours of
1 :00 a.m. and 8:00 a.m. on any other day.
Section 10. Bars, Partitions, Boxes or Screens.
All windows in the front of any place licensed for "on sales" of
beer shall be of clear glass, and the view of the whole interior shall be
unobstructed by screens, curtains or partitions. There shall be no partition,
box, stall, screen, curtain or other device which abstracts the view of any part
of the room from the general observation of persons in the room; but partitions,
subdivision, or panels not higher than forty-eight inches from the floor shall
+�r not be considered obstructions.
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Section 11. Clubs. No club shall sell beer except to members and to
guests in the company of members.
Section 12, Restrictions on Purchase and Consumption.
Subdivision 1. No minor shall misrepresent his age for the purpose
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of obtaining beer.
Subdivision 2. No person shall induce a minor to purchase or pro—
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cure 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.
Subdivision 5. No beer shall be consumed in any theatre, recreation
hall or center, dance ball, ball park or other place of public gaznsring used
for the purpose of entertainment, amusement or playing of games.
Subdivision 6. No person shall consume or display any intoxicating
liquor on the premises of a licensee who is not also licensed to sell -intoxi—
cating liquors.
Section 13. Revocation, The violation of any provision or condition
of this ordinance by a beer licensee or his agent shall be ground for revoca—
tion or suspension of the license. The license of any person who holdA 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
hearing. 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 14. Penalty. Any person violating any provision 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 imprisin—
went in the covmty jail for not more than ninety (90) days, plus the costs of
prosecution in either case.
Section 16. Effective date. This ordinance shall be in full force
and effect from and after its passage and publication according to law.
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ADOPTED by the Council of the Village of Eden Prairie this 12th
day of February , 1963.
Donald Rogers yor
Attest:
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Published in the Hennepin County Review on Febrruary 28 1963.
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.. AFFIDAVIT OF PUBLICATION
...urrbtl urNO�wr.4.ou.0urO.atquNbq Nusr�p Olr Naa�qualraa.r Nrun
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The Hennepin County Red vlaiohs of Al
rases:andsixiry F.
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Hopkins, Minn. n: oft=.sn
urar .1 rs� ( •
uch foie °'�
nefit
State of Minnesota 1C 1 i
County of Hennepin SS. da al aC '°
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JOHN E. TILTON. being duly sworn, on oath says: that be now is and during all the time herein- Mfnnes
ors.
9. No lie
stated has been JOHN E. TILTON, the publisher and printer _,of the newspaper known eel to sell ellor permi
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as The Hennepin Count• id. eRbSu1(
P Y Review, and has full knowledge of the facts herein state isppiay of to
A censed pre 'tse.
That for more than one y prior to the publication therein of the printed ids icafr the purpose l g
year Immediately ntoacicattnx liquor.
ntaxicattng iiquo
of such a lice i
.Qrd3.1'%ail ce.NliYnber••2}•- a facie evidence
••. .r...... ................................................ lntaxicating liquors
se or sale; and the
Y liquid for the pur•
ing with inti,xtcating
................................ ................. . .......................... ................... be prima facie evi-
intoxicatinit liquor Is
to be consumed or
trary to this ordi-
..... ............................. ...............
er
hereto attached, said newspaper was printed and published in the English language from its l`unqualpHed nghtcto
I... office of publication within the County of,Hennepin. State of Minnesota, on Thursday of and search the pre•
ew:h week in column and sheet form equivalent m space to 450 running inches of single column censee during business
two inches wide; has been issued from a known office established in said place of publication a search and seizure w" A
equipped with skilled workmen and the necessary material for preparing and printing the same: may seize all intnxi-
THE HE NNEpIN COUNTY REVIEW has had in its makeup not less than twenty-five percent found on the licensed
of its news columns devoted to local news of interest to said community it purports to serve, the
press work of which has been done in its said known place of publication; has contained general 11. Every licensee
news, comments and miscellany; has not duplicated any other publication; has not been entire- ponsible for the cou-
ly made up of patents, plate matter and advertisements; has been circulated at and near its said pface of business and a
place of publication 4o the extent of 240 copies regularly delivered to paying subscribers; has been conditions of sobriety
entered as second class mail matter in local post office of its said place of publication; that there
has been on file in the office of the County Auditor of said county the affidavit of a person hav- 12. An "on sale" li- y
ing first hand knowledge of the facts constituting its qualifications as a newspaper for publication entitle the holder to
of Legal notices; and that its publishers have complied with all demands of said County Auditor n a separate room a(
for•proofs of its said qualification. A copy of each issue has been Sled with the State Historical Premi es for banquets
Society,St. Paul.
Ordinance Number 29 labee Haan.
� � � � ( Beer shall he made
That the printed ... ..... ..................................... ay between the hours
..................
........ and 11:00 noon, nor t
hours of 1:00 a.m, and ?
n any electiorr, day it
No sale shall be ma
14reto attached as a part hereof was cut from the columns of sal* newspaper: was published 'hours of 1:00 a.m. an
any other daYy.
therein in the English language once a week for .... .O09..successive weeks; that it Was Bars•1'n►tltions, [iotte
s in the front of ana
first so Published on the ...... .QQ t,h...........day of.......risbpi;ary..•, 19...Fj,�..and 1a a of clear glass, and
the whole interior shal
Med by screen, cur-
thereafter on.... ...... ... ..... ... ........... of each week to and including the , titinns. 113ere sha11
boX.stall. screen, cur-
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device which obstructs p
day of . ........ ............... 19......; and that the following is a copy of the lower case � eneial a ob efrvati of
the room: but not
pa rli. i alphabet which is acknowledged to have been the size and kind. of type used in the publics. vision, or e
fir�^��Rht int! from.r be considetrd
Lion of said .....Ordinarlae..Humber..29•.•...,........... ............................
abcdefghijklmnopgrstuvwxyz Clubs. No club shalt
wept to members and
the company of mem.
C..... su ptn(tcin ons an Hsi.
Publisher 1.No minor&hall mk.
age for IN ourtrnse of
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2.No person shall inrr .
Subscribed and sworn to before me this .......�$t day of ....Fab�'t?�tt' ... 1 ,... 63 to purchase or pro-
e rent No legalR other
e beer for ang�rdlan
in<,his m`
On
Thomas Williams,N b c,Hennepin County,bRttin: a lee
My Commission Expires June 16,190
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