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HomeMy WebLinkAboutOrdinance - 327 - Regulating Sale and Consumption of Non-Intoxicating Malt Liquors and Repealing Ordinance No. 29 - 04/27/1976 ce r �t CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NUMBER 327 AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF AND REPEALING ORDINANCE NO. 29. THE CITY OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: Section 1. Definition of Terms. Subdivision 1 . "Person" as used in this ordinance, the term "person" includes a natural person of either sex, copartner- ship, 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. Subdivision 2. "Beer" or "non-intoxicating malt liquor" means any malt beverage with an alcoholic content of more than one-half of one percent by volume and not more than three and two-tenths per- cent by weight. i Subdivision 3. "Intoxicating liquor" means any distilled, fermented or vinous beverage containing more than three and two- tenths percent of alcohol by weight. Subdivision 4. "Original package" means the bottle or sealed container in which the liquor is placed by the manufacturer. 3 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. k 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. Subdivision 7. "Beer Store" means an establishment for the sale of beer, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail. f Section 2. License Required. Subdivision 1. "License." 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 City without first having received a license as hereinafter provided. Licenses shall be of three kinds: 1 . Regular "on sale"; 2 . Temporary "on sale"; 3. "Off sale." Subdivision 2. Regular "on sale" licenses shall be granted only to bona fide clubs, beer stores, exclusive "on sale" liquor 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. Temporary "on sale. " Temporary "on sale" licenses shall be granted only to bona fide clubs and charitable, religious, and non- profit organizations for the sale of beer for consumption on the premises only. Subdivision 4. "Off sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. Section 3. Application. Every application for a license to sell beer shall be made to the City Clerk on a form supplied by the City 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 Regular "on sale", Temporary "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 City Clerk or the Council may require. It shall be unlawful to make any false statement in an application. -2- tii i t +f. S 9' r Section 4. License Fees. Subdivision 1. Payment Required. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejectici: of any application for a license, the Treasurer shall refund the amount paid. Subdivision 2. Expiration pro rata fees. Every license, except a temporary license, shall expire on the last day of December in each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the licenses is granted the license shall be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. A temporary license shall be issued for a specific period in which a special event to which the sale is made is incident is being held and such period shall be stated on the license. Subdivision 3. Fees. The annual fee for a Regular "On Sale" license is $50.00. The annual fee for an "Off Sale" license shall be Ten ($10.00) dollars. The fee for a temporary "On Sale" license is Ten ($10.00) dollars per day for a total of three days and ( $5.00 per day thereafter until the maximum fee of $50.00 has been paid. Subdivision 4. Refunds. 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 14 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. Subdivision 1. Investigation and Hearing. The City 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 -3- h µ 3� .3 5 { f of the license. After such investigation and hearing the City Council shall grant or refuse the application in its discretion. Subdivision 2. Transfers. 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 Council. 1 Section 6. Persons Ineligible for License. No license shall be granted to or held by any person who: i i (1) is under eighteen years (18) of age; i (2) has within 5 years prior to the application for such license been convicted of a felony, or of violating any law of this $ state or local ordinance relating to the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquors or beer and cannot show competent evidence under Minnesota Statutes, Section 364.03 of sufficient rehabilitation and present fitness to perform r the duties of a beer license; t (3) is a manufacturer of beer or who is interested in the control of any place where beer is manufactured; (4) is not of good moral character; (5) is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the same of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place; or (6) is not the proprietor of the establishment for which the license is issued. Section 7 . Places Ineligible for License. Subdivision 1. Conviction or Revocation. No license shall be granted for sale on any premises where a licensee has been con- victed 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. -4- Subdivision 2. Distance from Church and School. No Regular "On Sale" license shall be granted for any place within 1000 feet of any public school or within 1000 feet of any church. In applying this restriction, the distance shall be measured between the main front entrance following the route of ordinary pedestrian travel. Section 8. Conditions of License. Subdivision 1. General condition. 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 City or State law. Subdivision 2. Display of License. All licensed premises shall have the license posted in a conspicuous place at all times. Subdivision 3. Sales to minors or intoxicated persons. No beer shall be sold or served to any intoxicated person or to any person under 18 years of age. Subdivision 4. Consumption by minors. No minor shall be permitted to consume beer on the licensed premises unless accompanied by his parent or legal guardian. 1 / Subdivision 5. Employment of minors. No minor under 18 shall be employed in the premises of a beer store or be permitted to sell or serve beer in any "On Sale" establishment. Subdivision 6. Gambling. No gambling or any gambling device shall be permitted on any licensed premises. Subdivision 7. Interest of manufacturers or wholesalers. No k 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. 340.031. 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 8. Liquor Dealer's Stamp. 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. Subdivision 9. No licensee who is not also licensed to sell intoxicating liquor shallsell or permit the consumption or display of -5- ; .s. �k r F a 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 10. Search and seizure. Any peace officer may enter, inspect and search the premises of a licensee during business hours without a search and seizure warrent and may seize all intoxicating liquors found on the licensed premises in violation of Section 9. Subdivision 11. Licensee Responsibility. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. i Subdivision 12. banquet Rooms. An "On Sale" license shall entitle the holder to serve beer in a separate room of the licensed premises for banquets or dinners. Section 9. Closing Hours. No sale of beer shall be made on any l 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 the day of any statewide election. No sale shall be made between the hours of 1:00 a.m. and 8:00 4k.m. on any other day. Section 10. Restrictions on Purchase and Consumption. Subdivision 1. Age Misrepresentation. No minor shall misrepresent his age for the purpose of obtaining beer. Subdivision 2. Inducing purchase. No person shall induce a minor to purchase or procure beer. Subdivision 3. Procurement. No person other than the parent or legal guardian shall procure beer for any minor. Subdivision 4. Possession. 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. Consumption. No minor shall consume beer unless in the company of his parent or guardian. -6- 2 a a Subdivision 6. 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. Revocation. The violation of any provision or condition of this ordinance by a beer licensee or his agent is grounds for revocation or suspension of the license. The license of any person who holds a federal i retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without j hearing. In all other cases the council may suspend for a period not j exceeding 60 days or revoke any license or permit for violation of any provision of law, ordinance, or regulation applicable to the licensed or 7 permitted activity or property. Except where mandatory revocation is i provided by law without notice and hearing and except where suspension may be made without a hearing, the holder of the license or permit shall be granted a hearing upon at least 10 days notice before revocation or suspension }} is ordered. The notice shall state the time and place of the hearing and the i nature of the charges against the licensee. Section 12. 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 Three Hundred Dollars ($300.00) or imprisonment in the county jail for not more than ninety (90) days plus the costs of prosecution in either case. Section 13. Repeals. Ordinance No. 29 as amended is repealed. r Section 14. Effective date. This ordinance shall be in full force and effect from and after its passage and publication according to law. t -7- fi i �l FIRST READ, at a regular meeting of the Council of the City of Eden i Prairie, this 27th day of April 1976 and finally read, adopted and ordered published at a regular meeting of the Council of said City on the 11t1day of May , 1976. o g nzel, Mayor ATTEST: .-, (S E A L) Jo 15. _Pfane, City Clerk Published in the Eden Prairie News on the day of , 1976. -8- i Affidavit of Publication State of Minnesota ) ) ss. County of Hennepin ) ....WILLI'AM..ff1,' Y.......................................... being duly sworn.or ouch says he is and dur- ing all the times herein stated has been the publisher and printer of the newspaper known as Eden Prairie Com- munity Mews and has full knowledge of the facts herein stated as follows: 1 I) 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.(2) Said newspaper is a weekly and is distributed it least once each week. (3) Said newspaper has (OFFICIAL PUBLICATION) 1981 ,!. 50%of its news columns devoted to news of local interest to the community which it purports to serve and does CITY OF EDEN PRAIRIE not wholly duplicate any other publication and is not made up entirely of patents.plate matter and advertisements. HEN M"COUNTY, HINKSOTA ORDINANCE NORBER 327 (4) Said newspaper is circulated in and near the municipality which it purports to serve. has at least 500 copies AM ORDINANCE 'LI cad 1N6 AnP REG"TING THE regularly delivered to paying subscribers. has an average of at least 75!�0 of its total circulation currently paid or SALE AND CONSUIPTiONOF`NON-INTOXICATING 1UtLT LIQUORS AND 1ROVIDINO"A PENALTY FOR THE d no more than three months in arrears and has entry as second-class matter in its toe post-office. (5) Said news- VIOLATION THEREOF AND REPEALING.pklsl AmCE paper purports to serve the C ity of Eden Prairie in the C ounty of Hennepin and it has its known office of issue in NO. 29• the City of Eden Prairie in said county, established and open during its regular business hours for the gathering 'THE CITY Of THE CITY OF EDEN P IILIF GOES ORDAIN: . of news,sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper. Section 1, `Dsf lniiton of Tome persons in its employ and wbject to his direction:and control during all such regular business hours and at which subdlvls on T" erson" to used.to Thts said newspaper is primed. W Said newspaper files a copy of each issue immediately with the State Historical Ord na`T nca"—�tke tam "Person" ineluaea.a Socict (7i Said news i r has complied with all the foregoing conditions for at least one year receding the da f t then.sax. eopoo-tnlership... l p�Pe P Y preceding Y ~y aafa pp4n not tN6 tnaiyonr or dates of publication mentioned below.IRl Said newspaper has filed with the Secretory of State of Minnesota prior ircoddeo:on the i.t esneh'Betorsl _ to January 1. 1976 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and {f 'paacltistlon er scow baGWse of, .g prtalsas by flrr�r of Cite t tinted signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is {> TAe ?TAAWFd"s a i �, __ legal newspaper. (3 Thgs 2 oonsea's JJtrl�pr' >1 (if 'AtP1M/ty"oWn,tho J a He further states on oath that the printed ..... I *un4ctpntte" ._ L_p AL MA`I'7Bf2.............................................. Ifoams"buslhesr,.to'caltlrgUuF hereto attached as a part .cacti 0 ant of. ... .................... v s on. rrveet at on and 1#aerl tY_ Ae11.s a, Avast gets a ::}Mats hereof was cut firm the columns of said newspaper,and was printed and published therein in the English language. It,Sjr;the applteatfon. ,.OPPortpnley . be give" to anv person to be hasrd for once each week,for..... ..Z........ successive weeks:that it was first so published on....Junta....the 24•th-- .;After such-din jetigatIoiigrangioand 1wr�"tih tomcat Shall Tr fors. o the tlpeeosa day of ......_..... Iv .. . .... and was thereafter printed and published on every ........................ to and in,ih'dlsc�al�onncor refuse the a 1#cation' r' iig�LfN City sued* o0 2, including. the ... .. .... day of........... 14......and that the following is a printed copy of the lower case alphabet :he■ • asid co APPltwnt On1Y and sMll Act be transferable,to another holder,., from A to Z.both inclusive.and is hereby acknowledged as being the size and kind of type used in the composition Each license Shelf'.b �Jssoad only for the promises described;.1nr.the application.: Ne . l lump wey,.be traoa.farred to another plena, and publication of said notice.to wit: .rFthout the approval=of the CoUteli. Section 6_ Persons Intl lets fortense, pose she orante ,to or he sncde fyni iw+mnopy�+ anyy Oanoh MhOi � Y (1)'Is under eighesari-'year{'(18) of s9sl{2) has eds fin 5 years prior to CO apple+ caftan for such ►lcmnsa peen convTeted Of a felony, or 1 orfng arty,law of chid sate or.�lo"I u1 ordtgsaos'ay. latirig to the alanufactum.-.sale. - ` dlserl.buRlon or possession for sale or d►atribution or intoxicating liquors or bear sod cannot Show,dutpetent So dehca under Nimlesots ttatutas. section Subscribed and sworn to before me this....2�}r.12...day of... LLZ1}............ . ....... 19 7.6...... t: 364.03 of suffkelent rehab)litatioR'end present fltmms ta.perforn'the,Outles . or a titer license:[ i--Z01 f3sell al ratal'l,contrary to the provisions of t4 S.A. 340.OJI. No retail Iicansee and ,7menu/acWrar or wholesaler of bur shall Oe ,4 Q>`.�,- Parties to;say excluslva pvrchess concraFt:. I) - Notary public. Corr ty. h(i nesoti CARVc_+1 G71 """'No retail Icansse.sMi.i"recstys.Inny benefits 11 �.� .,., My Commission Expires 19 . contrary to law Event r rtanu(aarurer or .. My Commission fxpirts June 29, (982 wholesaler of bear and no such asnufaeti,rer or who lose Ior shell confer any bonsflto contrary to law upon a ratai I,licensed, Subdivision 8. Li uor Dealrr's 5 tam No roses she st ear wh Is:holding or exhlbltlnq en In he licsed promises a fedasal ratan liquor deal 'IS special tax g stamp unless he Is Iicsnsed under the laws. or Ninnasota co sell',Intoxicating liquors. Subdlvtslon9. ho license*who Is not alto ;y Ilcros� ad Co still intoxicating liquor shot#- air. sell or Permit the consumption or display of tnsoxtuetng r lleuor on the licensed 'pret+lsea or servo any liquids for the puf % ZZpot* 1x1ng with Incoxicattng liquor, see of intoxicating liquors on th '�, -ties of such a licensee shall be orl aid evtdance of hepossessionPurpose of,In- r�q toxleating l7quon'for the Purtote af,saist and the serving of any liquid for the pur. Post of mixing,with Intoxicat Ing.IJgaiilrs .7 shall be prime facts evldtnco .that lntoxl eating liquor is being Permitted c0 be consumed or displayed contrary to this . ta,ofd#man .