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HomeMy WebLinkAboutOrdinance - 54-96 - Amending City Code Sec. 4.04 & 4.05 -Relating to Liquor Licenses - 12/17/1996 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 54-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 4.04, SUBD. 1 AND SECTION 4.05, SUBD. 3 RELATING TO INVESTIGATION AND GRANTING OF LIQUOR LICENSES; AND 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 Section 4.04, Subd. 1 is amended to read as follows: "Subd. 1. Investigation and Granting. Upon receipt of an application it may be referred to the Chief of Police who shall institute such investigation of the applicant and the contents of the application as is deemed necessary including, but not limited to, a criminal history check with the Bureau of Criminal Apprehension. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall pay the license fee and, if applicable, pay the investigation fee. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the applicant." Section 2. City Code Section 4.05, Subd. 3 is amended to read as follows: "Subd. 3. No license shall be granted to a person who has a direct or indirect interest in a manufacturer, brewer or wholesaler, except a brewer licensed under Minnesota Statutes 1996, Section 340A.301, Subd. 6, Clause d., may be issued an on-sale intoxicating liquor or non-intoxicating malt liquor license for a restaurant operated in the place of manufacture. The terms "manufacturer," "brewer" and "wholesaler" have the meanings given them in Minnesota Statutes 1996, Section 340A.101, Subds. 4, 17, and 28, which are incorporated herein by reference. 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 entitled "Violation a Misdemeanor" 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 17th day of December, 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of December, 1996. L�L - lov� City Clerk ayor PUBLISHED in the Eden Prairie News on the Wday of &AAVJ 1 1996. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M[NNESOTA ORDINANCE NO.54-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 4.04, SUBD. 1 AND SECTION 4.05, SURD.3 R,ELAMG TO INVESTIGA- TION AND GRANTING OF LIQUOR LICE NS$S;ANDADOPMNGBYREF- ERENCE CITY CODE CHAPTER 1 Affidavit of Publication AND SECTION 4.99 WHICH,AMONG OTTEY PROVISIONS.R THINGS, CONTAIN PEN- ALT Southwest Suburban Publishing MMC.I'YCOUNCILOFTHECITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 4.04, Subd. 1 is amended to read as follows: State of Minnesota "Subd. 1. Investigation and Grant- )SS. ing.Upenrec eiptof an applicationitmay be referred to the Chief of Police who County of Hennepin ) shall institute such investigation of the applicant and the contents of the applica- Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of tion as is deemed necessary including,but the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated not limited to, a criminal history check as follows: with the Bureau of Criminal Apprehen- (A)This newspaper has complied with the requirements constituting qualification as a legal sion.The Council may approve any appli- newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as cation for the period of the remainder of amended. the then current license year or for the yl entire ensuing license year. All applica- (B)The printed public notice that is attached to this Affidavit and identified as No. tions including proposed license periods was published on the date or dates and in the newspaper stated in the attached Notice,and said must be consistent with this Chapter. Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of the Prior to consideration of any application newspaper speed. Printed below is a copy of the lower case alphabet from A to Z,both for a license,the applicant shall pay the inclusive,and is hereby acknowledged as being the Jande of type used in the composition license fee and, if applicable, pay the and publication of the Notice: investigation fee. Upon rejection of any application for abcdefghij op a license or upon withdrawal of an appli- cation before approval of the issuance by the Council,the license fee shall be re- funded to the applicant." By: Section 2. City Code Section 4.05, Stan Rolfsrud, Mal Manager Subd.3 is amended to read as follows: or his designated agent "Subd.3. No license shall be granted to a person who has a direct or indirect interest in a manufacturer, brewer or Subscribed and sworn before me on wholesaler,except a brewer licensed un- der Minnesota Statutes 1996, Section 34OA.301, Subd. 6, Clause d., may be issued an on-sale intoxicating liquor or thisp� day of ,1996 GWEN M. RADB£NZ non-intoxicating malt liquor license fora NOTARY PUBLIC—MINNESOTA restaurant operated in the place of manu- "r MY COMMISSION EXPIRES 1-31-po facture. The terms "manufacturer," "brewer"and"wholesaler"have themean- ings given them in Minnesota Statutes 4NoPublihc 1996, Section 340A.101, Subds. 4, 17, and 28,which are incorporated herein by reference. Section 3. City Code Chapter 1 en- titled "General Provisions and Defini- tions Applicable to the Entire City Code Including Penalty for Violation"and Sec- tion 4.99 entitled "Violation a Misde- meanor"are hereby adopted in their en- tirety,by reference, as though repeated verbatim herein. Section 4. This ordinance shall be- come effective from and after its passage and publication. RATE INFORMATION FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of December, Lowest classified rate paid by commercial users for comparable space......$16.00 per column inch 1996,and finally read and adopted and Maximum rate allowed by law for the above matter...................................$16.00 per column inch ordered published at a regular meeting of Rate actually charged for the above matter.............................................. $ 7.67 per column inch the City Council of said City on the 17th day of December,1996. /s/John Frane City Clerk Is/Jean L.Hams Mayor (Published in the Eden Prairie News on the Thursday,Dec.26, 1996;No.7578)