HomeMy WebLinkAboutOrdinance - 202 - Licensing and Regulating the Use and Sale of Intoxicating Liquor - 02/13/1973 VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 202
AN ORDINANCE LICENSING AND REGULATING THE
USE AND SALE OF INTOXICATING LIQUOR PROVIDING
A PENALTY FOR THE VIOLATION THEREOF
The Village Council of the Village of Eden Prairie ordains as follows:
Section 1 . Definition of Terms .
Subd . 1 . The terms "intoxicating liquor" shall mean and include
ethyl alcohol and include distilled , fermented, spiritous , vinous , and
malt beverages containing in excess of 3 . 2% of alcohol by weight.
Y
Subd. 2 . The terms " sale" and "sell" mean and include all barters {
and all manners or means of furnishing intoxicating liquor or liquors as
above described in violation or evasion of law.
8
Subd . 3 . The term "off sale" means the sale of intoxicating liquor
in the original package in retail stores for consumption off or away from
the premises where sold.
Subd. 4 . The term "on sale" means the sale of intoxicating liquor
by the glass , or by the drink for consumption on the premises only.
Subd . 5 . The term "wholesale" means and includes any sale for
purposes of resale. The term "wholesaler" means any person engaged
in the business of selling intoxicating liquor to retail dealers.
Subd . 6 . The term "manufacturer" includes every person who, by
any process of manufacture , fermenting, brewing, distilling, refining ,
rectifying , blending , or by the combination of different materials , prepares
or produces intoxicating liquors for sale.
Subd. 7 . As used in this ordinance, the term "person" includes a
natural person of either sex, co-partnership, corporation and association
of persons 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.
Subd . 8. The terms "package" or "original package" means any
�. corked or sealed container or receptacle holding intoxicating liquor.
Ordinance No. 202
r
Page Two
1
Subd. 9 . The term "hotel" means and includes any establishment
having a resident proprietor or manager, where, in consideration of
payment therefor, food and lodging are regularly furnished to transients,
which maintains for the use of its guests not less than 100 guest rooms,
with bedding and other usual, suitable and necessary furnishings in
each room, which is provided at the main entrance with a suitable lobby,
desk, and office for the registration of its guests, which employs an '
d
adequate staff to provide suitable and usual service , and which maintains
under the same management and control as the rest of the establishment
and has , as an integral part thereof, a dining room with appropriate perma-
nent facilities for seating not less than 100 guests at one time , where a
the general public are , in consideration of payment therefor, served with s
meals at tables .
1
Subd. 10. The term "restaurant" means any establishment, other
than hotel, under the control of a single proprietor or manager, having
appropriate facilities to serve meals and for seating not less than 150 5
guests at one time, and where in consideration of payment therefor, j
meals are regularly served at tables to the general public , and which
employs an adequate staff to provide the usual and suitable service to
its guests, and the principal part of the business of which is the serving
x
of foods .
y �
Subd. 11 . The term "club" means and includes any corporation duly
organized under the laws of the State for civic, fraternal , social or
business purposes or for intellectual improvement or for the promotion
of sports which has been in existence for more than 15 years , and any
congressionally chartered veteran's organization which has been in
existence for more than 10 years prior to January 1 , 1961 , which shall
have more than fifty members , and which shall, for more than a year
have owned, hired, or leased a building or space in a building of such
extent and character as may be suitable and adequate for the reasonable
and comfortable accommodation of its members and whose affairs and
management are conducted by a board of directors , executive committee ,
or other similar body chosen by the members at a meeting held for that
purpose , none of whose members , officers, agents or employees are
paid directly or indirectly any compensation by way of profit from the
distribution or sale of beverages to the members of the club or to its
guests , beyond the amount of such reasonable salary or wages as may
be fixed and voted each year by the directors or other governing body.
Subd . 12 . The term "age of majority" shall be as defined by
Minnesota Statutes_
1
3
t
i
Ordinance No. 202
Page Three
Section 2 . License Required.
Subd. I . No person except wholesalers or manufacturers to the
extent authorized under State License, and except the municipal liquor
dispensary, shall directly or indirectly deal in, sell, or keep for sale
any intoxicating liquor without first having received a license to do so
as provided in this ordinance . Licenses shall be of two kinds: "On
Sale" and "On Sale Club" .
Subd. 2. "On Sale" licenses shall be issued only to hotels and
restaurants .
Subd. 3 . "On Sale Club" licenses shall be issued only to clubs.
Section 3 . Number of Licenses Issued.
}
Subd. 1 . It is hereby declared to be the public policy of the Village
of Eden Prairie to issue one less "on sale" liquor license than authorized
s
by State laws and to thereby avoid the abandonment of the municipal s
t
"off sale" liquor store operations . Unless otherwise authorized by a
i
majority of voters voting on the question at a special election called for E
" such purpose , the Village Council shall not issue the maximum number
of liquor licenses authorized by Minnesota Statutes 340. 353 .
Section 4. Applications for License.
k
Subd. 1 . Every application for a license to sell intoxicating liquor
shall be verified and filed with the Village Clerk. In addition to the
information which may be required by the State Liquor Control Commissioner's
form, the application shall contain the following:
1
Subd. 2 . Whether the applicant is a natural person, corporation,
partnership or other form of organization.
x
Subd. 3 . Type of license applicant seeks.
Subd. 4 . If the applicant is a natural person, the following information:
(A) True name, place and date of birth, and street resident address
of applicant.
(B) Whether applicant has ever used or been known by a name
other than his true name and, if so, what was such name ,
or names , and information concerning dates and places
where used.
Ordinance No. 202
Page Four
(C) The name of the business if it is to be conducted under a
designation, name or style other than the full individual
name of the applicant; in such case a copy of the certifica-
tion, as required by Chapter 333 , Minnesota Statutes ,
certified by the Clerk of the District Court, shall be
attached to the application.
(D) Whether applicant is married or single. If married, true
name , place and date of birth and street resident address
of applicant's present spouse .
(E) Whether applicant and present spouse are registered voters
and if so , where.
(F) Street address at which applicant and present spouse have
lived during the preceding ten years.
(G) Kind, name and location of every business or occupation
applicant or present spouse have been engaged in during
the preceding ten years .
(H) Names and addresses of applicant's and spouse' s employers i
and partners , if any, for the preceding ten years .
f
(I) Whether applicant or his spouse, or a parent, brother, sister
or child of either of them, has ever been convicted of any
felony, crime or violation of any ordinance , other than
traffic. If so, the applicant shall furnish information as to
the time, place and offense for which convictions were had.
pp(T)
Whether applicant or hiss spouse, parent, brother, sister A or a
or child of either of them has ever been engaged as an
employee or in operating a saloon, hotel, restaurant, cafe ,
tavern or other business of a similar nature . If so, applicant
shall furnish information as to the time , place and length of
time.
d
(K) Whether applicant has ever been in military service. If so ,
applicant shall, upon request, exhibit all discharges.
t
(L) The name, address and business address of each person who
is engaged in Minnesota in the business of selling, manufac-
turing or distributing intoxicating liquor and who is nearer of
Ordinance No. 202
Page Five
kin to the applicant or his spouse than second cousin ,
whether of the whole or half blood, computed by the rules
of civil law, or who is a brother-in-law or sister-in-law
of the applicant or his spouse.
Subd. 5 . If the applicant is a partnership, the names and addresses
of all partners and all information concerning each partner as is required
of a single applicant in Subdivision 3 above. A managing partner, or
partners , shall be designated. The interest of each partner in the
business shall be disclosed. A true copy of the partnership agreement ti
shall be submitted with the application and, if the partnership is required
to file a certificate as to a trade name under the provisions of Chapter 333,
Minnesota Statutes , a copy of such certificate certified by the Clerk of
District Court shall be attached to the application.
Subd. 6 . If the applicant is a corporation or other organization and
is applying for an "on sale" license , the following:
(A) Name, and if incorporated , the state of incorporation.
1
(B) A true copy of Certificate of Incorporation, Articles of ¢¢'
Incorporation or Association Agreement and By-Laws and if 1
a foreign corporation, a Certificate of Authority as described
in Chapter 303, Minnesota Statutes.
a
(C) The name of the manager or proprietor or other agent in
charge of the premises to be licensed, giving all the infor-
mation about said person as is required of a single applicant
in Subdivision 3 above.
(D) Notwithstanding the definition of interest as given in
Section 4 , Subdivision 10, the application shall contain
a list of all persons who, singly or together with their
spouse , or a parent, brother, sister or child or either of
them, own or control an interest in said corporation or
association in excess of S% or who are officers of said
corporation or association, together with their addresses
and all information as is required of a single applicant in
Subdivision 3 above.
Subd. 7, If the application is for an "On Sale Club" license, the
following information:
(A) The name of the club.
Ordinance No. 202
Page Six
(B) Date that club was first incorporated . True copies of the
Articles of Incorporation , By-Laws, and the names and street
addresses of all officers , executive committee and board of
directors shall be submitted,
(C) A sworn statement that the club has been in existence for
more than fifteen years or, in the event that the applicant
is a congressionally chartered veteran's organization, in
existence for more than ten years prior to January 1 , 1961 .
The statement shall be made by a person who has personal
knowledge of the facts stated therein In the event that no
person can make such a statement, satisfactory documentary
proof may be submitted in support of such facts.
F
7
(D) The number of members .
(E) The name of the manager, proprietor or other person who
. shall be in charge of the licensed premises together with
the same information concerning such person as is required
of a single applicant for an "on sale" license as is set forth
in Subdivision 4 above.
Subd . 8. The exact legal description of the premises to be licensed
together with a plot plan of the area showing dimensions and location
of buildings.
Subd 9. An applicant for an "on sale" license shall submit a floor
plan of the dining room , or dining rooms, which shall be open to the
public, shall show dimensions and shall indicate the number of persons
intended to be served in each of said rooms.
Subd. 10. The amount of the investment that the applicant has in
the business, building, premises, fixtures , furniture, stock in trade ,
etc. , and proof of the source of such money.
Subd. 11 . The names and addresses of all persons, other than the
applicant, who have any financial interest in the business, buildings,
premises, fixtures , furniture, stock in trade; the nature of such interest,
Ordinance No. 202
Page Seven
amount thereof, terms for payment or other reimbursement. This shall
include, but not be limited to, any lessees , lessors, mortgagees ,
mortgagors , lendors , lien holders , trustees, trustors and persons who
have cosigned notes or otherwise loaned , pledged, or extended security
for any indebtedness of the applicant, but shall not include persons
owning or controlling less than a 5% interest in the business, if a
corporation.
Subd . 12. The names, residences and business addresses of three
persons , residents of the State of Minnesota, of good moral character,
not related to the applicant or financially interested in the premises or
business, who may be referred to as to the applicant's character or, in
the case where information is required of a manager, the manager' s {
character.
t
Subd. 13 . Whether or not all real estate and personal property taxes
for the premises to be licensed which are due and payable have been paid;
and if not paid , the years and amounts which are unpaid.
Subd. 14. Whenever the application for an "on sale" license to sell
intoxicating liquor, or for a transfer thereof, is for premises either planned j
or under construction or undergoing substantial alteration , the application
shall be accompanied by a set of preliminary plans showing the design of
the proposed premises to be licensed. If the plans or design are on file
with the Building Department, no plans need be filed with the Village Clerk.
Subd. 15 . Such other information as the Village Council shall require .
Section 5 . Renewal Applications .
Subd. 1 . Applications for the renewal of an existing license shall be
made at least 90 days prior to the date of the expiration of the license. If,
in the judgment of the Village Council, good and sufficient cause is shown
by an applicant for his failure to file for a renewal within the time provided,
the Village Council may, if the other provisions of this ordinance are
complied with, grant the application.
Subd. 2. At the earliest practicable time after application is made for
a renewal of an "on sale" license , and in any event prior to the time that
the applicant is considered by the Village Council, the applicant shall
file with the Village Clerk a statement prepared by a certified public
accountant that shows the total gross sales and the total food sales of the
restaurant for the twelve-month period immediately preceding the date for
filing renewal applications . A foreign corporation shall file a current
Certificate of Authority.
Ordinance No. 202
Page Eight
Section 6 . Execution of Application.
Subd . 1 . If the application is by a natural person, it shall be signed
and sworn to by such person; if by a corporation, by an officer thereof;
if by a partnership, by one of the partners; if by an unincorporated as socia-
tion, by the manager or managing officer thereof. If the applicant is a
partnership, the application, license and bond (or insurance policy) shall
be made and issued in the name of all partners.
Section 7 . License Fees .
Subd . 1 . The annual license fee for "on sale" license shall lie in
an amount as set forth in Ordinance No . 210 and as maybe amended. The
annual license fee for an "on sale club" license shall be $100. 00 .
t
Subd . 2 . The annual license fee shall be paid in full before the appli-
cation for a license is accepted. All fees shall be paid into the general
fund of the Village . All licenses shall expire on the last day of December
of each year. Upon rejection of any application for a license , or upon
withdrawal of application before approval of the issuance by the Village
Council , the license fee shall be refunded to the applicant.
r
Subd . 3 . The fee for an "on sale" or "on sale club" license granted
after the commencement of the license year shall be prorated on a daily 4
basis .
Subd . 4 . When the license is for premises where the building is not
ready for occupancy, the time fixed for computation of the license fee for
the initial license period shall be as follows:
If building construction commences within 120 days after
issuing the license , the license fee shall commence one
year after issuance of the license by the Village Council
or upon the date the building is ready for occupancy,
whichever is sooner.
If building construction is not commenced within 180 days
after issuing the license , the license granted hereinunder will
be void.
Subd. 5 . No transfer of a license shall be permitted from place to
place or person to person without complying with the requirements of an
original application except as provided by Subdivision 9 of this Section.
}
Subd . 6 . No part of the fee paid for any license issued under this
ordinance shall be refunded except in the following instances upon ,
application to the Council within 30 days from the happening of the event,
The Council may in its judgment refund a pro rata portion of the fee for
Ordinance No. 202
Page Nine
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 illness.
(3) the licensee's death .
(4) a change in the legal status of the municipality
making it unlawful for a licensed business to con-
tinue .
Subd . 7 . At the time of each original application for a license or
application for a change in ownership, or control of corporation , except
in the case of an "on sale club license, the applicant shall deposit with
the Village to apply to the cost of investigating said applicants , a fee of
$1 ,500.00. In the event the cost of investigation is less than $1 ,500.00,
any excess shall be refunded to applicant. In the event the cost of such
investigation exceecb$1 ,500. 00, the applicant shall pay such additional
costs and upon demand of the Village Council and proof of expenditures to
applicant , applicant shall make such additional deposit as the Council
may require to complete its investigation of the applicants.
Subd . 8 . At any time that an additional investigation is required
because of an enlargement, alteration, or extension of premises previously
licensed , the licensee shall pay an additional investigating fee in the
amount of $5 0.0 0 . rt
Subd 9. Where a new application is filed as a result of incorporatio_i
by an existing licensee and the ownership control and interest in the
license are unchanged, no additional license fee will be required. All
Ty
Section B . Investigation of Applications.
Subd . I . All applications for a license shall be referred to the Public
Safety Director, and to such other Village Departments as the Village
Manager shall deem necessary, for verification and investigation of the r
facts set forth in the application. The Public Safety Director shall cause
to be made such investigation of the information requested in Section 4,
Subdivision 4, as shall be necessary and shall make a written recommen-
dation and report to the Village Council. The Village Council may order
and conduct such additional investigation as it shall deem necessary.
Subd . 2 . Upon receipt of the written report and recommendation by
the Public Safety Director and within twenty days thereafter, the Village
Council shall instruct the Village Clerk to cause to be published in the
Ordinance No. 2 02
Page Ten
official newspaper ten days in advance , a notice of a hearing to be held
by the Village Council, setting forth the day, time and place when the
hearing will be held , the name of the applicant, the premises where
the business is to be conducted, the nature of the business and such
other information as the Village Council may direct. At the hearing,
opportunity shall be given to any person to be heard for or against the
granting of the license. A license, other than a renewal, shall not be
approved before the next regular meeting of the Village Council following
such hearing.
Section 9 . Persons Ineligible for License .
No license shall be granted to or held by any person; f
Subd. 1 . Under the age of majority.
Subd. 2 . Who is not of good moral character.
I
i
Subd. 3 . Who, if an individual, is an alien.
Subd. 4 . Who has been convicted within 15 years prior to the appli-
cation for such license , of any violation of any law of the United States,
the State of Minnesota, or any other State or Territory, or of any local
ordinance regarding the manufacture , sale , distribution or possession for
sale or distribution of intoxicating liquor, or whose liquor license has
been revoked for any violation of any law or ordinance.
Subd. 5 . Who is a manufacturer or wholesaler of intoxicating
liquor and no manufacturer or wholesaler shall either directly or indirectly
own or control or have any financial interest in any retail business
selling intoxicating liquor.
Subd. 6 . Who is directly or indirectly interested in any other
establishment in the Village of Eden Prairie to which an "on sale" license
has been issued under this ordinance.
Subd. 7 . Who, if a corporation, does not have a manager who is
eligible pursuant to the provisions of this section.
Subd. 8 . Who is the spouse of a person ineligible for a license
pursuant to the provisions of Subdivisions 4, 5, or 6 of this Section or
who , in the judgment of the Village Council, is not the real party in
interest or beneficial owner of the business operated, or to be operated,
under the license
r
Ordinance No. 202
Page Eleven
Subd . 9. An "on sale" license will not be renewed if, in the case
of an individual, the licensee is not a resident of the Twin Cities
Metropolitan Area at the time of the date for renewal; if, in the case of
a partnership, the managing partner is not a resident of the Twin Cities
Metropolitan Area at the time of the renewal; or in the case of a
corporation , if the manager is not a resident of the Twin Cities Metro-
politan Area at the time of the date of renewal. The TWIN CITIES
METROPOLITAN AREA is defined as being comprised of the counties of
a
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington.
i
Subd. 10 . No person shall own an interest in more than one establish-
ment or business within Eden Prairie for which an "on sale" license has
been granted . The term "interest" as used in this Section includes any 3
pecuniary interest in the ownership, operation , management or profits of
M
a retail liquor establishment, but does not include bona fide loans; bona }
fide fixed sum rental agreements; bona fide open accounts or other
obligations held with or without security arising out of the ordinary and
regular course of business of selling or leasing merchandise, fixtures
or supplies to such establishment; or an interest of 10 per cent or less in
any corporation holding a license. A person who receives moneys from
time to time directly or indirectly from a licensee, in the absence of a
�l bona fide consideration therefor and excluding bona fide gifts or donations,
shall be deemed to have a pecuniary interest in such retail license. In
determining "bona fide" , the reasonable value of the goods or things
received as consideration for any payment by the licensee and all other
facts reasonably tending to prove or disprove the existence of any purpose-
ful scheme or arrangement to evade the prohibitions of this Section shall
be considered.
Section 10 . Places Ineligible for License.
Subd. 1 . No license shall be granted, or renewed, for operation on
any premises , on which taxes , assessments or other financial claims of
the Village or of the State are due , delinquent or unpaid. In the event an
action has been commenced pursuant to the provisions of Chapter 278 ,
Minnesota Statutes , questioning the amount or validity of taxes , the
Council may, on application by the licensee , waive strict compliance with
this provision; no waiver may be granted, however, for taxes or any
portion thereof, which remain unpaid for a period exceeding one year
after becoming due.
Subd. 2 . No license shall be issued for the premises owned by a
person to whom a license may not be granted under this ordinance , except
anv owner who is a minor, alien , or a person who has been convicted of
( a crime other than a violation of Minnesota Statutes, Sections 340 . 07
through 340 .39 .
Ordinance No. 202
Page Twelve
Subd. 3 . No "on sale" license shall be granted for a restaurant
that does not have a dining area open to the general public , with a total
rninimum floor area of 1 , 800 square feet with a permanent seating capacity
for not less than 150 guests at one time , or for a hotel that does not have
a dining area, open to the general public, with a total minimum floor area
of 1 , 200 square feet with a permanent seating capacity for not less than
100 guests at one time .
Subd. 4 . No license shall be granted for any place which has a
common entrance or exit between any two establishments except that a
public concourse or public lobby shall not be constructed as a common
entrance or exit.
i
a
Subd. 5 . No club license shall be issued to any licensee whose 1
National, State or Local Articles of Incorporation, By-Laws or rules or j
regulations contain clauses prohibiting membership because of race or
religion. 1
Section 11 . Conditions of License.
Subd. I . Every license shall be granted subject to the conditions
of the following subdivisions and all other subdivisions of this ordinance
and of any other applicable ordinance of the Village or State law.
i
Subd. 2 . The license shall be posted in a conspicuous place in
the licensed establishment at all times .
Subd. 3 . Any public safety officer, building inspector, or any
employee so designated by the Village Manager shall have the unqualified
right to enter, inspect, and search the premises of the licensee during
business hours without a warrant.
Subd. 4 . Every licensee shall be responsible for the conduct of his
place of business and the conditions of sobriety and order in the place of
business and on the premises.
Subd. 5 . No "on sale" licensees shall sell intoxicating liquor "off sale" .
Subd. 6 . No license shall be effective beyond the space named in the
license for which it was granted .
Subd. 7. No intoxicating liquor shall be sold or furnished or delivered
to any intoxicated person, to any habitual drunkard, to any person under the
age of majority, or to any person to whom sale is prohibited by State law.
Ordinance No. 202
Page Thirteen
t
Subd . 8. No person under the age of majority shall be employed in
any rooms constituting the place in which intoxicating liquors are sold
at retail "on sale" , except that persons under the age of majority may be
employed to perform the duties of a busboy or dishwashing services in
places defined as a restaurant or hotel or motel serving food in rooms in
which intoxicating liquors are sold at retail "on sale" .
Subd . 9 . No equipment or fixture in any licensed place shall be
owned in whole or in part by any manufacturer or distiller of intoxicating
liquor except such as shall be expressly permitted by State law. t
Subd . 10. No licensee shall sell , offer for sale, or keep for sale,
intoxicating liquors from any original package which has been refilled or '
partly refilled. No licensee shall directly or through any other person
dilute or in any manner tamper with the contents of any original package s
so as to change its composition or alcoholic content while in the original k
package . Possession on the premises by the licensee of any intoxicating
liquor in the original package differing in composition or alcoholic content `£
in the liquor when received from the manufacturer or wholesaler from whom
it was purchased, shall be prima facie evidence that the contents of the
original package have been diluted , changed or tampered with.
Subd . 11 . No licensee shall apply for or possess a Federal Wholesale
Liquor Dealer's special tax stamp or a Federal gambling stamp.
Subd. 12 . No licensee shall keep ethyl alcohol or neutral spirits
on his licensed premises or permit their use on the premises as a beverage
or mixed with a beverage.
F .
Subd. 13 . The business records of the licensee, including Federal
and State tax returns , shall be available for inspection by the Village
Manager, or other duly authorized representative of the Village at all
reasonable times.
Subd. 14. Changes in the corporate or association officers , corporate
charter, articles of incorporation , by-laws, or partnership agreement, as
the case may be, shall be submitted to the Village Clerk within 30 days
after such changes are made. In the case of a corporation, the licensee
shall notify the Village Clerk when a person not listed in the application
acquires an interest which together with that of his spouse , parent,
brother, sister or child, exceeds 5% , and shall give all information about
said person as is required of a person pursuant to the provisions of
Section 4, Subdivision 4 of this ordinance.
6
Ordinance No. 2 02 a
Page Fourteen
Subd. 15 . At the time a licensee submits liis application for renewal
of a license, he shall state the nature and amount of any contribution he
has made in the preceding five years for state and local campaign or .
political purposes, the person to whom the contribution was made and the -A
person or organization for whom intended.
.*
Subd. 16 . A licensed restaurant shall be conducted in such a manner
that the principal part of the business for a license year is the serving
of foods . A hotel shall be conducted in such a manner that, of that part
of the total business attributable to or derived from the serving of foods
and intoxicating liquors, the principal part of the business for a license
year is the serving of foods.
Subd . 17 . No licensee shall keep, possess , or operate or permit
the keeping, possession, or operation of any gambling device or apparatus
on the licensed premises, and he shall not permit any gambling therein.
4
Subd . 18. No licensee shall knowingly permit the licensed premises
or any room in those premises or any adjoining building directly or indirectly
under his control to be used as a resort for prostitutes.
Subd . 19. No licensee shall discriminate in the operation of licensed
premises or discriminate against any employee or applicant for employment
because of race , color, creed , national origin, or sex.
Section 12 . Hours of Operation.
Subd. 1 No sale of intoxicating liquor shall be made after 1 :00 a.m.
on Sunday nor until 8:0 0 a.m. on Monday nor between the hours of 1:00 a.m.
and 3 :00 p.m. on any Memorial Day, nor between the hours of 1:00 a.m.
and 8:00 p.m. on any primary,, special or general election of the Village of
Eden Prairie. No "on sale" shall be made between the hours of 1 :00 a.m .
and 8:00 a.m. on any weekday. No consumption of intoxicating liquor
shall occur on the premises after 1:15 a.m. nor until 8:0 0 a.m. on the
following business day.
Section 13 . Clubs.
Subd. 1 . No club holding an "on sale club" license shall sell intoxi—
cating liquor except to members and bona fide guests.
Section 14 . Restrictions on Purchase and Consumption.
Subd. 1 . No person under the age of majority shall misrepresent
his age for the purpose of obtaining intoxicating liquor nor shall he enter
Ordinance No. 202
Page Fifteen
any premises licensed for the retail sale of intoxicating liquor for the
purpose of purchasing or having served or delivered to him for consuming
any such intoxicating liquor, nor shall any E-uch person purchase, attempt
to purchase , consume, or have another person purchase for him any
intoxicating liquor.
6
Subd. 2 . No person under the age of majority shall receive delivery
of intoxicating liquor.
Subd. 3 . No person shall induce a person under the age of majority
to purchase or procure or obtain intoxicating liquor. ;
Subd. 4 . Any person who may appear to the licensee , his employee t
or agent to be under the age of majority may sign and execute a statement
in writing as follows:
READ CAREFULLY BEFORE SIGNING
The following are excerpts from the laws of the State of Minnesota,
Section 340 . 731 Minnesota Statutes, Minors , Forbidder_ Acts or Statements:
"It shall be unlawful for: a
Any person to misrepresent or misstate his or her age, or
the age of any other person for the purpose of inducing any
licensee, or any employee of any licensee , or any employee
of any municipal liquor store , to sell, serve, or deliver
any alcoholic beverage to a minor;
A Minor to have in his possession any intoxicating liquor
with intent to consume same at a place other than the
household of his parent or guardian. "
i .
VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR
PUNISHABLE BY A FINE OF $300 .00 OR A 90-DAY IMPRISONMENT
OR BOTH.
My age is Date of Birth Place of
Birth My address is
Dated:
Type of Identification
Witnes s
Signed
The above form shall be furnished at the expense of all licensees desiring
to use the same and when properly executed may be considered as evidence
in any prosecution and by the Village Council in any proceeding before the
I Council or a committee thereof relating to the business or operations of
the licensee . Such forms after execution shall be kept on file by the
licensee for a period of one year.
Ordinance No. 202
Page Sixteen
Subd. 5 . No person shall give , sell, procure or purchase intoxicating
liquor to or for any person to whom the sale of intoxicating liquor is
forbidden by law.
Subd. 6 . No intoxicating liquor shall be consumed on a public
highway or in an automobile.
Section 15 . Liability Tnsurance.
Subd. 1 . Insurance Required, At the time of filing an application
for either an "on sale" or an "on sale club" liquor license, the applicant
shall file with the Village Clerk a liability insurance policy which shall be
subject to the approval of the Village Council. The insurer on such
liability insurance policy shall be duly licensed to do business in the State
of Minnesota, and the insurance policy shall be approved as to form and
execution by the Village Attorney. Such liability insurance policy shall '
be in the amount of not less than $10, 000 coverage for one person and
$20 , 000 coverage for more than one person, and shall specifically pro-
vide for the payment by the insurance company on behalf of the insured 1
of all suns which the insured shall become obliged to pay by reason of
liability imposed upon him by law for injuries or damages to persons other
than employees, including the liability imposed upon the insured by reason r
of Section 340. 95 , Minnesota Statutes . Such liability insurance policy
shall further provide that no cancellation for any cause can be made either
by the insured or the insurance company without first giving 10 days notice
to the Village in writing of intention to cancel the same, addressed to the
Village Clerk. Further, it shall provide that no payment of any claim by
the insurance company shall, in any manner, decrease the coverage pro-
vided for in respect to any other claim or claims brought against the insured
or company thereafter. Such policy shall be conditioned that the insurer
shall pay, to the extent of the principal amount of the policy, any damages
for death or injury caused by, or resulting from the violation of any law
relating to the business for which such license has been granted. The
licensee and the Village shall be named as joint insureds on the liability
insurance policy.
Section 16 . Revocation.
Subd . 1 . The Village Council may suspend or revoke any intoxicating
liquor license for the violation of any provision or condition of this
ordinance or of any State law or Federal law regulating the sale of intoxi-
cating liquor, and shall revoke such license for any willful violation which,
under the laws of the State , is grounds for mandatory revocation, and shall
revoke for failure to keep the insurance required by Section 15 in full force
and effect. I
Ordinance No. 202
Page Seventeen
Except in the case of a suspension pending a hearing on revocation,
nonmandatory revocation or suspension by the Council shall be preceded
by written notice to the licensee and a public hearing. The notice shall
give at least ten days notice of the time and place of the hearing and
shall state the nature of the charges against the licensee. The Council
may, without any notice, suspend any license pending a hearing on
revocation for a period not exceeding 30 days. The notice may be
served upon the licensee personally or by leaving the same at Una
licensed premises with the person in charge thereof. No suspension
after public hearing shall exceed 60 days.
Section 17. Penalties.
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 Three Hundred ($300. 00) Dollars and imprisonment for
not more than 90 days.
First read at a regular meeting of the Council of the Village of Eden
Prairie this 13th day of February, 1973 , and finally read, adopted and
ordered published at a regular meeting of the Council of said Village on
the 27th day of March, 1973.
Paul R. Redpath, Mayor
Village of Eden Prairie
ATTEST:
S EAL
Edna M. Holrngren
Village Clerk
SUN NEWSPAPERS ,
AFFIDAVIT OF PUBLICATION
Minnetonka - Eden Prairie Sun
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota
ss.
County of Hennepin
J. R. 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 k
the English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least
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
i
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% of its total
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
In the City of Bloomington in Hennepin 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 3
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
publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1988 and each January 1 thereafter an affidavit in the form
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.
Ee further states on oath that the printed Ordinance No. 202
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 An@ successive weeks:
that it was first so published on Thurs y,e 5 day os April 19
and was thereafter printed and published on every to and including
the day of 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:
abcdefghi jklmnopgrstuvwxyz
aWWgh i Jklm noKrstuvwsyz
A'a
+x� 4
Subscribed and sworn to before me this � day Of April 19 73
(Notarial Seal)
Mur fel L. Quist, Notary ubl)c, Hennepin County, Minn.
My Commission Expires July 28th. 1971F
4k:
CITY OF EDEN PRAIRIE ORDINANCES
ORD. NO. TITLE 1ST 2ND PUB
203 void
t 204 denied
205 Rezoning - Edenva:e 6th Addition 2/13/73 4/10/73 4/19/73
206 Rezoning - Creekwood Estates 2/27/73 3113/73 3/29/73
207 void
208 Rezoning - Basswoods Site B 2/13/73 2127/73 3/29/73
209 Rezoning - Basswoods Site D2 2/27/73 3/13/73 3/29/73
210 Regulating fees 8/2/73
211 Amending Ordinance 41 2/13/73 3/27/73 4/12/73
212 Amending Ordinance 43 relating to wells 2/13/73 3/27/73 4/12/73
213 Rezoning - Homart 2/27/73 6/26/73 7/26/73 00
214 Rezoning - Mill Creek Phase One 3/27/73 4/10/73 4/19/73
215 Rezoning - Westwind 4/10/73 5/8/73 5/31/73 a
216 Rezoning - Edenvale 7th Addition 4/24/73 5/22/73 5/31/73
tr
217 Rezoning - Cherrywood Apartments 4/10/73 6/11/74 8/8/74
218 see #228
r 219 see 77-83
220 Rezoning - Kakach 1st Addition 4/24/73 5/22/73 5/31/73
221 Rezoning - Eden Farms 2nd Addition 4/24/73 5/22/73 5/31/73 1
222 void see 219
223 void
224 Rezoning - Crestwood 73 6/12/73 6/26/73 ?
225 Rezoning - Edenwest Office Bldg. 6/26/73 7/10/73 7126/73
226 Regulating land alterations 7/10/73 7/12/73
227 Rezoning - Creative Housing 7/24/73 8/28/73 9/20173
228 Rezoning - Eden Plaza Shopping Center 7/24/73 8/14/73 ?
h
i