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Home My WebLink AboutOrdinance - 320 - Regulating Use and Sale of Intoxicating Liquor and Amending Ordinance No. 202 - 02/26/1976 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ' 5 s ORDINANCE NO.j AN ORDINANCE LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR AND AMENDING ORDINANCE NO. 202 K y, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: SECTION 1. Ordinance No. 202, Section 2, is amended to read as follows: "Section 2. License Required. "Subd. 1. 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 three kinds: 'On Sale' , -'On Sale Wine", and "On Sale Club". "Subd. 2. "On Sale" licenses shall be issued only to hotels and restaurants. "Subd. 3. "On Sale Wine" licenses shall be issued only to restaurants meeting the qualifications of Minnesota Statutes, Section 340. 11, Subd. 20, and shall permit only the sale of wine not exceeding 14`/. alcohol by volume for consumption on the licensed premises only in conjunction with the sale of food. f "Subd. 4. "On Sale Club" licenses shall be issued only to clubs." SECTION 2. Ordinance No. 202, Section 7, Subd. 1 and 2 are amended to read as follows: "Section 7. License Fees. "Subd. 1. The annual License fee far "On Sale" license and On Sale Wine' license shall be in the amount as set forth in Ordinance No. 280 as it may be amended. The annual license fee for an 'On Sale Club' license shall be $100.00 "Subd. 3. The fee for an 'On Sale' , 'On Sale Wine' license, or an 'On Sale Club' license granted after the commencement of the license year shall be prorated on a daily basis." -1- Ordinance No. 320 Page 2 1 7 c SECTION 3. Ordinance No. 202, Section 10, Subd. 3 is amended by adding the following: No ' On Sale Wine' license shall be granted for a restaurant that does not have a dining area open to the general public, with a total minimum floor area of 2,000 square feet with a permanent seating capacity for not less than 100 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 1,500 square feet with a permanent x seating capacity for not less than 75 guests at one time." SECTION 4. Ordinance No. 202, Section 16, is amended to read as follows: s Section 16. Suspension and Revocation. "Subd. 1. The Council may either suspend for not to exceed 60 days, or revoke any Liquor license upon a finding that the licensee has failed to comply with any applicable Statute, regulation, or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing, pursuant to Minnesota Statutes, Section 15.04182, 15.0426." FIRST READ, at a regular meeting of the Council of the City of Eden Prairie, this 2roth day of February 1976 and finally read, adopted and ordered published at a regular meeting of the Council of said City on. the 9th day of March , 1976. W61fgaibf P zel, Mayor ATTEST: !j ( SEAL ) r Jo D. Fra , City Clerk Published in the Eden Prairie News on the , 1976. v 4 �t "` Affidavit of Publication r°..' r rMfNMEPIN. -M/NNIV t dwltr QN9)tii1IICE Ll GULATING THE kF 1lItR16 QF tUTijlj j11fti LIQUDA Ann r: N �eulwce tRt Za2::'' �T '=f�ggCtt 0( C1l Or MEN PRAIRIE ::a �NssrmalLLousn 7 . State of Minnesota ) 8 JO#1'"1'w} �"Q irta Mo. t02..Sa:t ion 3, (s>ranyntld pesgre� fatlargr r_+'+"MSacUton � 'F•�,0mzu:gequlrad. ) Ss. eon opt wMlasaters L{ YAK! IrtRMrtt'Ia.,bxtant a�tnDriz.� County of Hennepin ) � taemdet";SyaXa 4Jc4i, and axenpt the arc 54tiitt4ZPa1 l fVrrDr di Pansfr�e*ha!l eirec- �W{!rs'iridLR�f C7 deal In 4a1t. nr +.eeP t," t ! t�s r11nY thticet tngl tNwx NI t h- a at'hWF„q-racetvegtt'a'IIcans< to , Jeanne Johnstone ........... . ..... ...... ...... . ... . . .. . .... .. ....... ...... ....... ..... being dub sworn,on oath says he is and dur- "d4' b^NR lirrvldad in th lnarta.• B y Y t lipiirt�sbal};'ha of tl.' #itds: ing all the times herein stated has been the publisher and printer of the newspaper known as Eden Prairie Com- r c0 a 4s�x�0n"Salt Mina nd .'Rn satof licenses'On sale munity News and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in theprintedsnort English language in newspaper format and in column and sheet form equivalent in printed space to at least 400 si ott y'to hotsls aid Pasteur-, square inches. (2) Said newspaper is a weekly and is distributed at least once each week.(3)Said newspaper has 5Wr of its news columns devoted to news of local interest to the community which it purports to serve and does 'Flan'Sat* Mine' licenses ! not wholly duplicate any other publication and is not made up entirely of patents,plate matter and advertisements. ,iAi, sFsuttd'.on1y to restaurants (4) Said newspaper is circulated in and near the municipality which it purports to serve. has at least 500 copies ► Sfsa+Al'tflcations.df,ninnesota regularly delivered to a batlont 940at tisbbd, 20 and K Y paying subscribers, has an average of at least 75%of its total circulation currently paid or po�Flwttt••onty.the ita)fk+U"Ine not no more than three months in arrears and has entry as second-class matter in its local post-office.(5)Said news- - t64.,alcokof,by yoluae for eon- paper purports to serve the City of Eden Prairie in the County of Hennepin and it has its known office of issue in 1'�r' prq�gpq.lan rtf► atim,J,{sensdd,prmise* only sGn Sale titt�lg of efood. the City of Eden Prairie in said 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 of said newspaper, tatall;1» tw.$ivA oniy to *Cub.:' persons in its employ and subject to his direction and control during all such regular business hours and at which ;SE�YIpN'.T ',(lydlnania•'►kr:'201, section 7, said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical S1tAi�s a!4nd? Are,,aawaded to read as IaiCt t', Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day i Cton 4icenxe Fos• or dates of publication mentioned below.(K)Said newspaper r has filed with the Secretary of State of Minnesota prior 1 y* Tim annual I Icent• fec for P Pi Pe Y r -sic4nsa and tort saL•Mtne' to January 1, 1976 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and k t �titist+siiaTl'•b9,In .Lta.aMUPnt as sec signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is .e- tarjlF.,ih OralMl?CR`lID. 2110'as tt wy be it legal newspaper. .t:,y jalRSNled Tare bririuil.1 icanse:.fee for an 3� xspfrtieks tiyb""ltcanse *halt be-s100.OG Matter Tills-fee-for.an.'onSalc'. He further states on oath that the printed ......r' 9a1................................................................. 'Q 'JPks Mlne' Ficonse, or in 'On Sala i tilt ';jlparrtct Sir, cod attfr.the comt<nce-1 . ..................................................................... ........................................... hereto attached its a part xwryY Ff f t)st.1 ljM as year ohm 1,be pro- Ord in 'ioctlunlo, e�lttsal,br�aLda;i`F'y bests.'.' hereof wits cut from the columns of said newspaper,and was printed and published therein in the English language, k11N,.}: itnee MD. 202 P,y Cs- oded by adding Rtw"foliotiing: One 22nCI Sale Mina' r1conso shall be once each week,for...................successive weeks:that it was first so published on...................the................ ¢f'a(stgd fa a restaurant that does not i ,rilav+6,+;t4,dtninp'art*►`opon to Cblr general dity of ....Ap.T'il...... 19 .7,j... and was thereafter printed and published on every ........................ to and az: ¢s•i4i.,^lyltt)a,tatat'.Mintmlai floor <rm "' snuars;fi•t r 06 a P•'r- including the ......... .....day of........... 19 ......and that the following is a printed co of the lower case alphabet mp uprciry rut,rwt Irsa than K Y K• P PY P ;i Y00 Rt ono Itme, or let,a hotel vs a dFning Area, open from A to Z.both inclusive,and is hereby acknowledged as being the size and kind of type used in the composition r- IA-0011c, with a total _ tptG ;niri'sf I UQ ,qu.ra fact and publication of said notice,to wit: r: won j4 ring.caWcity for .7 y q+fMtits st ooe time." + "'O�SF'tay%*e jtS.•202i',S'ctlon 16. P fi4,r d,`ab roFifw.st ab,detynij4lmnoporstu.rv.ayz j 'S � Suspep�loriaod"Nevocation, .j u "tYha Cbi+ngI1 MY either r a4Y,` to'atrcaW 60Pdyys,, or rttvoih=eny f iquor icaatia uPap,a.finding -tha(:�tAtttican4eE- +.faitad tocomply . ` stlth Mnr'appl,f q+(bl4 SRatstta, regulation, ar oed{ rilialGFyiy isp lnlomcatiny -- 11gi(ofi �F► u{Pen4ton,br'revocation #Ise1l.baElCra'Yft t{nill,-¢he licensee tlas /a Lean al►, rd'eul•an apix?{sontRY for 4 fiaar ....Subscribed and sworn to before me thi' ,...........day of ..Q' ......... 19.,...G.. " tnq� Yu t 1p Nlnnasow igeuus, """"'•'•""'•' Sae'ikitd%.��t$'to'1$.0426.^. 'ft116T Rf:;Aiy.• 4);revul•ar matting of the. 4q ne4( oi` t 'Flty of Eden Arairle, thls 26th rii'srj. 1976 and fin,il ly' Fef3"i, adoP prdaredpub(:ithad at i ( -- v--�---��+--^— {4404r',. attng'oY'the CouncI1.Of said City an cha �h dtv R�'ha�rcn,.1976,,' //- (NotarialSeaCI Notary public. `�' .. ...."� County, Minnesota Md ganv eNR!I. Mayor= - , My Commission Expires Ht^......... ... 19 ....... ATTEST ti (5 E ; LORRAINE RATHS '.John!P. Fr4rraaCI tY Clork •�`: NOTAgY P > t-. UR11C—MINNIFSOTA Puol Ished:ijr%,4f Etil Prair�ta GtNewoil Ness ` H6NNEPIN COUNTY on the 2,ntl dy _a , r^�yMMItg10N LrrXPiRES JAN. 26. 1903 ^' h 3