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HomeMy WebLinkAboutOrdinance - 78-46 - Licensing & Regulation of Liquor Stale Amending Ordinance No. 202 - 11/18/1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 78-46 x k AN ORDINANCE LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR AND AMENDING ORDINANCE 202 AS AMENDED BY ORDINANCE 320 SLT?VDAY LIQUOR SALES THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FO_,LOWS : SECTION 1 . Ordinance No . 202 , Section 2 , is amended to read as f o 11.0�.7s "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 in- directly deal in , sell , or keep for sale any intoxicatina liquor without first having received a license to .do so as provided in this Ordinance . Licenses shall be of `our kinds : ' On Sale ' , ' On Sale Wine ' , ' On Sale Club ' and ' Special Sunday On Sale ' . "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. "Subd. 4 . ' On Sale Club ' licenses shall be issued only to clubs . "Subd . 5_ Special Sunday on Sale License. Special Sundav on Sale licenses for the sale of intoxicating liquor on Sunday may be issued in accordance with Minnesota Statutes 340 . 14 , Subd. 5, only to hotels , restaurants , and clubs as defined in Section 1 . hereof, to which "On Sale" licenses have been or will be issued . I SECTION 2 . Ordinance No . 202 , Section 7, Subds . 1 and 3 , are amen:3ed to read as follows : "Section 7 . License Fees . "Subd. 1 . The annual license fee for an ' On Sale ' license and ' On Sale Wine ' license shall be in the amount as set I forth in Ordinance No. 280 as it may be amended . The annual license fee for an ' On Sale Club' license shall be $100 . 00 . and for a 'Special Sunday On Sale ' license shall be $200 . 00 . { "Subd. 3 . The fee for an ' On Sale ' , ' On Sale Wine ' , ' Special Sunday On Sale ' license , or an ' On Sale Club ' license granted after the commencement of the license year shall b•2 prorated on a daily basis . " SECTION 3 . Ordi:!ance No. 202 , Sect:: on 12 , is amended to read as follows : "_Sect ion 12.. Hours of Operation . ' Subd. 1 . Except as provieed in subdivision 2 hereof, no sale of intoxicating liquor shall be made after 1 : 00 a .m. on Sunday nor until 8 : 00 a . m. on Monday nor between the hours of l :oo a . m. and 3 : 00 p.m. on any Memorial Day, nor between the hours of 1 : 00 a.m. and t. 8 : 00 p. m. on any primary , Special or general election of the City 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 li.quor shall occur on the premises after 1 : 15 a.m. nor until 8: 00 a .m. on the following busyness day. "Subd . 2 . Notwithstanding the provisions of subdivision 1, hotels , restaurants and clubs having Special Sunday On Sale licenses may serve intoxicating liquor between the hours of 12 o ' clock noon and 12 o ' clock midnight on Sundays . " FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5thday of _D , 1978, and finally read and adopted and order publishe a a regular meeting of the City Council of said City on the _19th day of [zsrPmhpr t, 1978 . W fg g Penzel, Mayor ATTF. T: (SEAL) j D. FrI ne , City Clerk �ubl ished in the Fden Prairie News on the day of , 1978 . Page Two Affidavit of Publication #UU(01f ew rabasatlea ClITY or NOUN P"IR1 i x faEl!11M6lINCOiJlsl!'Y,llII11N ;�•- . ORDAaANCE NO.TW _ :� AN ORAINANCIG UW [NO s AND REGULATING 'Pape.an A a= Or M- TOXICATING LIQUOR AND ANINNDIIVG OR- DINANCE III ASAIeLIaDEDBYORaDaANCEM State of Minnesota j SUNDAY wQVGA BALM THE CPPY`COUNCn. (W THE Crrr Or EDEbi ) ss. PRAmMeft6SS11B-As''voLLO*Sz , .=' - ` o-,SEcr101a 1.tlydna Na>lei.a«xlen>� a.aa.dCOUntY Of Hennepin } to rand ar MBewe: "seethe L Lkamiso Risgnired. -subL L ice perwip, .esespt wb l or mantdaec�t�[a_te this ent sutborlm d ashler.1ltato Stan Ro l f s r u d as Ucoe, apQ 4x empt th4'�iamid rd Bgnot dNyMlaty. - being duly sworn.on oath says he is and during A shall direotis of fpdfreoelp deal let,$oB,erItNy loR sate all the time herein stated has been the publisher and printer of the newspaper known as Eden Prautie News and has full w7 intssrkatlag UqW knowledge of the facts herein stated as follows: i 1 n Said newspaper is printed in the English language in newspaper format sums*to do so as provided In We Oedinwea.Lieeltsss and in column and sheet form equivalent in printed space to at least 900 square inches. f 2)Said newspaper is a weekly shall be otbar kawar Oa Sale'.'On saw tYlf1 00m Sale and is distributed at least once a week. 131 Said news paper has 50%of its news columns devoted to news of local interest Club'and'Spacial Sunday On gals', to the community which it purports to serve and does not wholly duplicate any other publication and is not made up "Sabel.L•Oa SOW lksastss- AMU be,lamed-only to" entirely of patents,plate matter and advertisements.i 4 i Said newspaper is circulated in and near the municipality which botds and reatastaisu. it purports to serve,has at least%W ropier regularly delivered to paying subscribers,has an average of at least 75%of its "Sabel.L'On BOW Nlae'nessOMA aHt aaly total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local ett Fo Tawatgs meaitlat%him guilt o 1 ZOO asooit post-office.151 Said newspaper purports to serve the City of Eden Prairie in the County of Hennepin and it has its known trues,Sodles.M.11.Sub&MR,and dttill`permlt Only office of issue to the City of Eden Prairie in said county,established and open during its regular business hours for the sells it wine W*o2caeding14%alcohsley welminsfor gathering of news,sale of advertisements and sale of subscription and maintained by the managing officer of &Ad OMMMOUM sa`1A6 items" WOMIM Paly:f..000' newspaper,persons to..s employ and subject to his direction and control di.ring all such regular business hours and at +uaetlos with do mob of mod' which said newspaper is printed. t61 Said newspaper files a copy of each issue immediately with the State Historical " --ftW s''On Belo Club BeGRUS AMR beep"Od1 Society.(71 Said newspaper has complied with all the foregoing conditions for at least one,year preceding the day or dates t•clubs. of publication mentioned below.t S i Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, is'Sabd. e. Sps"Swiday on SAID Jipaelsl 1976 and each January 1 thereafter an affidavit in the form prescritwd by the Secretary of State and signed b the &mile) on gate llesstas for this Sisk of eatln(t Y g Y Bgasr on Sunday tray be Ws"is aCeo with managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. 1SinnaiWa Statwa 30.14, Sabel. a only hotel. He further stab n on oath that the ranted legal eostaw'aata.Pad clubs as defined isgectbn h.lina set.to p whleb"On Sao"Ile-wass have bean or#111*Amraed SECTION LOrdinsticeNe.U%Sbetiftl�,{t dt.l and hereto attached as a part 3,are amended to told q follows: hereof was cut from the columns of said newspaper, and ivas printed and published therein u:the English language, 'gectfsa 7.liaeanq Fees. ` ' � p "Saud. L This soaaat 11CenN tas (oc a4'Oq Bela' once each week, for one successive weeks; that it was first so published on T11 u rs•the t a lksase and 'On Bats Mine' 089—lpe is this ecioisM as set forth in ON3naaeMea;Ne.!M seat nosy be day of January 19 7 Sand was thereafter printed and published on every to . amend".The swami Ikestea..be.Alt'an*Oa Bah:Club Mgmse Abell be SIGO.91).a" ay ipsida SWWV On including the day of 19 and that the following is a printed copy of the lower case alphabet "Ia.Ikesrs dltfa be qeL* a' ..Ub&,L Tbeaae,for an'Ab.Sale'.'Os Sals''Dias', from A to 2,both inclusive,and is hereby acknowledged as being the size and kind of type used in the composition and ` Odol Anaisy`4�&BOWLlMeasMii or an Do,ft*Chtb' ;J11le""IWaaWd.tlNasKtbaOnssitb 41 WR,Ilesoae publication of said notice,to wit: M Fear alias be feaa daQy f. t3ECTi401a fl Zto , 1f6;i! amended to MI4 at •'geeuelt 11L �01!V�tion. abcdefghijklmnopgrsluvwxyz "label.L aw:prodded in"hifiNslat 2 barest, M sale of 4uoatcaiit{,d wr AMU be made attet 1:00 "'Op. on Sunday nar new 1:00'a.11a. on Monday •'•�• 1 this loan sf ita i a.m. and t.N p.m. on any �, { • emorLil Day,sor botwseet this bgtpls st};tee a,m,and ; Oe p.m.ata HaY Psisaryr top�clal or geasstl elsatloa of p utt cur pf* oft W raffle, no ' lists'm be trade "between this aL 1.40 a.m. t, l"Wa m. on any weekday.1{r ptloti of WAaa featly liquor sluD 4/ Subscribed and swum to before me this,„. day of 1 i'� t`` -<'.-l•-+mow 19 oacsr on Ma psaet attar 1:15 a.m.aor oath 5:00 a.m. .r 4� s "IA the tolhowft btlslu m day. "label. L wfttbstandlug the provisions of amb. divJslon I. meats aid alias baving Spselal SeWay On Ba1tr may serve iniexicatfng liquor bRweat sh*baai'a of 12 e'dock soon aid 1S O'elock mids"h%on Sundays." >I SS'i'Ridgy ilia t�olwiar mestLlg of the City Council of ,Cityof 1GdaA fteilrle on the Sib day of December, 1 Notarial Scal, 10f0 nd ftkRBT road and adoptad and order puWiWwd Notary x n public, ` County,Minnesota Atli eat mlag of 00 C�Cowen of said City on N y the l ay of December, I#?$. v My Comrrussion Expires ,,_ �� ;� 19 Dsllaasg B.resitd;Maystr , ATTEiT: BEAL Jobn D. Fins.City Clerk„ (Pub.Eden Prairie News January 1e, he9e) i I