HomeMy WebLinkAboutOrdinance - 158 - Regulating the Sale of Intoxicating Liquor by Certain Clubs - 07/13/1971 VILLAGE OF EDEN PRAIRIE
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HENNEP IN COUNTY, MINNESOTA
ORDINANCE NO. 158
AN ORDINANCE LICENSING AND REGULATING THE SALE
OF INTOXICATING LIQUOR BY CERTAIN CLUBS WITHIN
THE VILLAGE OF EDEN PRAIRIE.
The Village Council of the Village of Eden Prairie, Hennepin
County, Minnesota does ordain:
Section I. All applicable provisions of Minnesota Statutes 340.07,
et sequenti a relating to the issuance of club licenses, together with
all regulations issued by the State liquor Control Commissioner, except
as may be modified by this Ordinance, including the construction of
terms and definitions, are hereby approved and adopted for the control
and issuance of club licenses in the Village of Eden Prairie.
Section 2.„ For the purpose of this Ordinance, a bona fide club shall be
defined as set forth in Minnesota Statues annotated 340.11 , subdiv. 6,
and construction and interpretations thereof made by the Courts and the
Attorney General , which section of the Statute is hereby incorporated by
reference as if set forth herein.
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On-Sale defined. The term "on-sale" means the sale of liquor
by the glass for consumption on the premises only.
Section 3. The sale of intoxicating liquor within the Vi 11 age of Eden
Prairie except as provided by this Ordinance is hereby prohibited.
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Section 4. All licenses granted pursuant to this Ordinance shai l be for
a period not to exceed one (1 ) year, and the fee therefor shall be $100.00.
All licenses granted hereunder shall expire on the last day of June.
Section 5. Every club, as herein defined, desiring a license from the
Village Council shall , through their proper officers, file with the Village
Clerk, a verified application setting forth all information necessary to
shown whether or not the said club qualifies for such a license within the
meaning of this Ordinance, together with all such additional information 4
as may be required by the Village Council . The application sha 1 1 be
accompanied by the annual license fee of $100.00 and a liability insurance
policy which shall be in the minimum amount of $10,000.00 coverage for one
person and $20,000.00 coverage for more than one person, and she i ) specifically
provide for the payment by the insurance company on behalf of the insured
of all sums which the insured shal 1 become obligated to pay by reason of
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Ordinance No. 158
Page Two
liability imposed upon it by law for injuries or damage to persons, other
than employees, including the liability imposed upon the insured by reason
of Minnesota Statutes Annotated, Section 340.95, as amended Laws 1959. Such
liability insurance policy shall contain such other and additional provisions
as provided by Section 340. 12, Minnesota Statutes 1945, as amended. Also
accompanying the application shall be a corporate surety bond in the amount
of $3,000.00, running to the Village of Eden Prairie to fulfill the require-
ments of Section 340. 12, Minnesota Statues Annotated, as amended, pertaining
to "on-sate" dealers, which bond shall be in such form as to be approved by
the Viilage Council .
Section 6. The Village Manager shall cause an investigation to be made of
a1 1 the representati ons set forth in the app? i cati on, and an opportuni ty
shall be given at a regular or special meeting of the Village Council to any
person desiring to be heard, for or against the granting of any licenses.
After such investigation, the payment of the license fee and the filing of
the bond and the liability insurance policy as herein provided, the Village
Council may grant or refuse such license within its discretion.
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Section 7. The terms and conditions of club licenses issued under this
Ordinance shall be as follows:
(a) The 1 i cense shall be posted at all times in a conspicuous place
on the licenses premises.
(b) The 1 i cense shal 1 not be transferabl a as to the premi ses wi th-
out the approval of the Village Counci 1 .
(c) The sale of intoxicating liquor under such license is restricted
to members of the club licenses and their bona fied guests.
(d) The licensed premises shalt be open to inspection by any police
officer, 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.
(e) The licensee shalt strictly observe all of the laws relative to
"on-sale" of intoxicating 1 i quor as set forth in Minnesota Statutes 1945,
as amended, together with at 1 of the rules and regulations of the State
Liquoir Control Commissioner insofar as they are applicable.,
(f) The liability insurance policy and bond as required by this
Ordi nance shai 1 be in fut i force and effect during the term of any 1 i cense
granted hereunder.
Section 8. Any license granted hereunder may be revoked by the Village
for cause. Causes for revocation shalt be violation by the Licensee, or
its employees, of any law of the State of Minnesota relating to intoxi-
cating liquor or violation by the Licensee, or its employees, of any
Ordinance No. 158
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Page Three
provision or condition of this Ordinance. A 1 i tense sha 1 i be deened
revoked upon the passage by the Vi l l age Council of a resolution to that
effect and no portion of the license fee paid shall be returned upon
revocati on.
Section I. Al Ordinances or parts of Ordinances of this Village incon-
sist nt herewith, are hereby repealed.
Section 10. Any person violating any of the provisions of this Ordinance
sha 1 l be gui 1 ty of a misdemeanor and upon conviction thereof, be punished
by a fine of not more than Three Hundred Dollars ($300.00), or imprisonment
in the County Jai 1 for not more than Ninety (90) days, or both.
Section 11 . This Ordinance shall be in force and effect from and after its
adoption and pub 1 i cats on according to low.
First read at a regular Council meeting on July 13, 1971 and finally
read, adopted and ordered published at a regular meeting of the Council
of said Vi 1 lage on the Z7th day of July. 197 .
t, avid N. Osterholt, Mayor
ATTEST:
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Edna M. H of ang ren, C 1 e k
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UN EWSPAPER-S
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AFFIDAVIT OF PUBLICATION
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Minnetonka - Eden Prairie Sun
6601 W. 78th St. Bloomington, Minnesota f
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State of Minnesota t:
County of Hennepin Ss.
J. It. RITCHAY, being duly sworn, on oath says he is and during all times here stated
has been the vice president and printer of the newspaper known as The Minnetonka-Eden Prairie
Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in
the English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches. i2) Said newspaper is a weekly and is distributed at least Is11s.�o9
once each week. (3) Said newspaper has 50 of its news columns devoted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements. (4) Said
newspaper is circulated in and near the municipality which it purports to serve, has at least '.-
500 copies regularly delivered to paying subscribers, has an average of at least 75 0 of its total Y
circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post-office. (5) Said newspaper purports to serve the City of Minne-
tonka and Village of Eden Prairie in Hennepin County and it has its known office of issue yam'
in the City of Bloomington in Henbepin County, established and open during its regular > '
business hours for the gathering of news, sale of advertisements and sale of subscriptions and
maintained by the managing officer or persons in its employ and subject to his direction and
control during all such regular business hours and devoted exclusively during such regular
business hours to the business of the newspaper and business related thereto. (6) Said newspaper
files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all foregoing conditions for at least two years preceding the day or dates of t
publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an afridavit in the form r{ 1
prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn
to before a notary public stating that the newspaper is a legal newspaper.
He further states on oath that the printed+_Ordinance Igo- 1.58
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for Rr successive weeks;
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that it was first so published o*+ ThArg the day of A>�
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and was thereafter printed and published on every to and including _
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the day or 19- and that the following is a printed copy
of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to-wit:
abcdefghijklinnopgrstuvwxyz
abcdefithijklmnopprstuvwsys
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Subscribed and sworn to before me this day of 19
(Notarial Sea])
Alice J. Nelson, Notary Public, Honhelfln County, Minn.
My Commission Expires December 26, 1973
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