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HomeMy WebLinkAboutOrdinance - 52-87 - Amending City Code 4.7 Regarding Sale of Malt Liquor - 10/06/1987 ORDINANCE NO. 52-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 4, ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION," BY AMENDING SECTION 4.01 BY ADDING NUMBER 20 THERETO, ADDING A DEFINITION OF MALT LIQUOR; AND BY AMENDING SECTION 4.70 BY ADDING SUBD. 2 THERETO, PERMITTING THE SALE BY CERTAIN HOLDERS OF AN ON-SALE WINE LICENSE WHO ARE ALSO LICENSED TO SELL BEER AT ON-SALE TO SELL INTOXICATING MALT LIQUORS WITHOUT AN ADDITIONAL LICENSE; AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1 . City Code Sec. 4. 01 is amended by adding number 20 thereto to read as follows : 20. "Malt liquor" means any beer, ale, or other beverage made from malt by fermentation and containing not less than 2 of 1 % alcohol by volume. Section 2. City Code Sec. 4.70 is amended by adding Subd. 2 thereto to read as follows: Subd. 2. The holder of an on-sale wine license who is also licensed to sell beer at on-sale pursuant to Section 4. 30 hereof and whose gross receipts are at least sixty ( 60%) percent attributable to the sale of food may sell intoxicating malt liquors at on-sale without an additional license. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4. 99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of October 1 9 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of October , 1987. ATTEST: 01- Cit�C rk ay -' PUBLISHED in the Eden Prairie News on the 6th day of January , 198'%, ORDINANCE NO.52-87 PUBLIC NOTICE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 4, ENTITLED "BEER AND WINE LIQUOR LICENSING AND REGULATION," BY AMENDING SECTION 4.01 BY ADDING NUMBER 20 THERETO, ADDING A DEFINITION Affidavit of Publication OF MALT LIQUOR; AND BY AMEN- DING 2THESECTION TO,PE.70 BY MITTIN THE SALE Southwest Suburban Publishing Inc. 2 THERETO,PERMITTING THE SALE TO CERTAIN HOLDERS OF AN ON- SALE WINE LICENSE WHO ARE ALSO LICENSED TO SELL BEER AT ON- SALE TO SELL INTOXICATING MALT LIQUORS WITHOUT AN ADDITIONAL LICENSE; AND BY ADOPTING BY ` REFERENCE CITY CODE CHAPTER 1 State of M in nesota 1 AND SECTION 4.99 WHICH, AMONG )SS. OTHER THINGS, CONTAIN PENALTY PROVISIONS. Count of Hennepin THE CITY COUNCIL OF THE CITY Y P OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Sec. 4.01 is Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as amended by adding number 20 thereto to the Eden Prairie News and has full knowledge of the facts herein stated as follows: read as follows: (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by 20."Malt liquor"means any beer,ale, Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. t�f� or other beverage made from malt by (B)The printed public notice that is attached to this Affidavit and identified as No.� r`,was published on the date fermentation and containing not less than or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part of this Af- • 1/2 of 1%alcohol by volume. fidavit.Said notice was cut from the columns of the newspaper specified. below is a copy of the lower case Section 2. City Code Sec. 4.70 is alphabet from A to Z,both inclusive,and is hereby acknowledged as being the ' d an -e of type used in the composition amended by adding Subd. 2 thereto to and publication of the Notice: read as follows: abcdefghijklmnopgrstu wxyz Subd.2.The holder of an on-sale wine license who is also licensed to sell beer at on-sale parwwt to Section 4.30 hereof and whose gross rat�tlpts are at least By: silty (66%) portxM attri6twsbie to the Ro d,P. er sale of food may will hdaitiafthtg trait liquors at on-sale without Subscribed and sworn before me on license. Section 3.City Code(fir 1 entitled "General Provisions and DeffnItions Applicable to the Entire City Code In- cluding Penalty for Violation" and this day of •,198_ Section 4.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. {, ��^C�?• ��' Section 4.This ordinance shall become ._ }y--e. t^,7: _,i •,: `bra effective from and after its passage and publication. _ FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of October, 1987, and finally read and adopted and ordered RATE INFORMATION published at a regular meeting of the City Council of said city on the 20th day of Lowest classified rate paid by commercial users for comparable space....$7.00 per column inch October,1987. Maximum rate allowed by law for the above matter......................................$7.00 per column inch ATTEST: John D.Frane Gary Peterson Rate actually charged for the above matter...................................................$4.94 per column inch City Clerk Mayor (Published in the Eden Prairie News Wednesday,January 6,1988;No.4932)