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HomeMy WebLinkAbout0461 Ord (Intoxicating Liquor)eta • • ORDINANCE NO, 461 AN ORDINANCE LICENSING AND REGULATING THE SALE OF INTOXICATING LIQUOR IN THE CITY OF STILLWATER REPEALING INCONSISTENT ORDINANCES AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. THE COUNCIL OF THE CITY OF STILLWATER DO ORDAIN AS FOLLOWS: Section 1. Definitbn of Terms - As used in this Ordinance the terms: ,M (a) "Intoxicating liquor" and "liquor" shall mean and include ethyl alcohol and include distilled, fermented, spiritous, vinous and malt beverages containing in excess of 3.2 per cent of alcohol by weight. (b) "Sale" and "sell" shall mean and include all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evation of law. (c) "On sale" shall mean the sale of liquor by the glass for the consumption on the premises, only. (d) "Off saW' shall mean the sale of liquor in original packages in retail stores for consumption off or away from the premises where sold. (e) "Person" shall include persons, corporations, partnerships, and other unincorporated associations. (f) "Package" or "original package" shall mean and include any container or receptacle holding liquor, which container or receptacle is corked or sealed. (g) "Exclusive liquor store" shall mean an establishment used exclusively for the sale of intoxicating liquors, cigars, cigarettes, all forms of tobacco, l non -intoxicating malt beverages and soft drinks at retail, either on sale or off sale or both. It shall be under control of an individual owner or manager. It includes a restaurant or establishment selling food for consumption on the premises. (h) "Hotel" means any establishment, having a resident proprietor or manager where, in consideration of payment therefor, food and lodging is regularly furnished to transients, which maintains for the use of its guests not less than ten rooms, with bedding and other usual suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests on the ground floor which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof a dining room with appropriate facilities for seating not less than 30 guest at one time, where the general public are, in consideration of payment therefor, served with meals at tables. (i) "Restaurant" means any establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and the principal part of the business,of which is the serving of foods. Such establish- ment shall have facilities for seating not less than 30 quest at one time. (j) "Club" shall mean and include any corporation duly organized under the laws of the State of Minnesota for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion of sports or congressionally chartered veterans organizations, which shall have more than fifty members. and which shall for more than a year have owned. hired r leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members and whose affairs and management are conducted by a board of directors, executive committee, or • • • other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the Club, or to its guests beyond the amount of such reason- able salary or wages as may be fixed and voted each year by the directors or other governing body. (k) "Commissioner" shall mean the Liquor Control Commissioner of the State of Minnesota. A^ " SECTION 2. License Required. No person shall, directly or indirectly, upon q..-so any pretense or by any device, manufacture, import, sell, exchange. barter. dispose of or keep for sale, any intoxicating liquor without first having obtained a license therefore as hereinafter provided. Licenses shall be of two kinds: "on sale" and "off sale". "On sale" licenses shall be granted for consumption of liquor on the premises only to Exclusive Liquor Stores, Restaurants, Hotels, and to Bona Fide Clubs in existence for fifteen years, or more, and to congressionally chartered veterans organizations which have been in existence for ten years, and which are duly incorporated. Such Club license shall be "on sale" only, and shall permit the sale of intoxicating liquor to members and bona fide guests only. Not more than thirteen "on sale" licenses shall be granted at any one time to Exclusive Liquor Stores. Restaurants, and hotels. Such Club licenses as are herein permitted may be granted in addition thereto. "Off sale" licenses Shall be granted to permit the sale of liquor at retail or wholesale in the original package for consumption off the premises, only. The City Council may in its discretion issue both an "on sale" and "off sale" license to the same licensee. "Off Sale licenses shall be issued only to exclusive liquor stores and "on sale" licensee as herein provided. SECTION 3. Application for License. Every person desiring a license for either "on" or "off sale" shall file a verified application therefor in writing with the Clerk of the City of Stillwater in the form to be prescribed by the commissioner and with such additional information as the Council of the City of Stillwater may require. Every application for either an "on sale" or "off sale" license shall be accompanied by a liability insurance policy as provided for in Minnesota Statutes 340.12. Section 4. Fees. The annual license fees to be paid before the issuance of licenses shall be as follows: For an On sale License issued to an exclusive liquor store - $1,500; for an On sale license issued to Clubs - $100; for an Off s'e he fee r special sales, asliquor authorizednby MinnesotaTStatutes1340.14o, Sub divisions 5,efor shallsbeday $200. All licenses shall expire on the last day of December in each year. Where such licenses shall be issued for less than one year, fees shall be pro rata share of the annual license fees. A11 such fees shall be paid into the General sand of the City; and upon rejection of any application for a license, the license fee paid and the insurance policy of the applicant shall be returned. SECTION 5. Granting of Licenses. The City Council shall cause an investigation to be made of all the representations set forth in the application. Opportunity shall be given at a regular or special meeting of the Council to any person to to heard for or against the granting of any license. After such investigation and approval of the required bond, the City Council shall grant or refuse such license in its discretion; provided that no "off sale" license shall be- come effective until it, together with the bond, has the approval of the Liquor Control Commissioner. All licensed premises shall have the license posted in a conspicuous place therein at all times. No license shall be transferable either as to license or premises without the approval of the Council and also the Liquor Control Commissioner in the case of "off sale" licenses. • • h 3 CC Do • • • • OOP' J ' • • SECTION 6. Conditions of License. All licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this ordinance, and subject to all other ordinances of the City applicable thereto and to all regulations promulgated by the Liquor Control Commissioner applicable thereto; Every license shall be responsible for the conduct of his place of business and the conditions of sobreity and order the rein. No "on sale" dealer shall sell liquor by the bottle or container for removal from the premises. No dealer licensed for "off sale", only, shall permit the consumption of any liquor on such licensed. premises. No "off sale" license shall be issued for any place where non -intoxicating malt beverages shall be sold for consumption on the premises. No liquor shall be sold or furnished to any minor for any purpose whatever or to any habitual drunkard or to any person obviously intoxicated, or to any of the epersons to whom homesale le is prohibited by statute, or by reason of sale to whom, no malty shall be employed statute. No license shall be granted to a minor, in any rooms constituting the place in which intoxicating liquors are sold retail at "on sale" except that persons under 21 years of age may be employed to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail "on -sale". No licenseeshall keep, possess, or operate, or permit the keeping, possession or operation of, on the premises controlled by him, any slot machine, dice or other gambling device or apparatus, nor permit any gambling therein nor permit the licensed premises to any room in the same or in any adjoining building directly or indirectly under his control, to be used as a resat for prostitutes or other disorderly persons. No license shall be issued to any person who is not a citizen of United States and who is not a good moral character and repute, nor to any person shall hereafter be convicted of any wilful violation of any law of the United Slates or the State of Minnesota or any local ordinance with regard to the manu- facture, sale distribution or possession for sale or distribution of intoxicating liquor. nor to any person whose license under this ordinance shall be revoked for any wilful violation of any such laws or ordinances. No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the City are delinquent and unpaid. All premises where any license hereunder is granted shall be open to inspec- tion by any police or health officer or other properly designated officer or employee of the City at any time. SECTION 7. Hours of Operation. No sale of intoxicaatinrgfliqg uoreshall befma1de. M;liAl after 1 A. M. on Sunday,nor until 8 A.M. on Monday, and 3 o'clock P. M. on any Memorial Day, nor before the hours of 1 A. M. and 8 o'clock P. M. on any election day of any election held within the City of Still- water. No "on sale" shall be made between the hours of 1 A. M. and 8 o'clock A. M. on any weekday. No "off sale" shall be made before 8 o'clock A. M. or after 8 o'clock P. M. of any day except Saturday on which day "off sale" may be made until 10 o'clock P. M. No "off sale" shall be made on New Years Day, January 1; Memorial Day, May 30; Independence Day, July 4; Thanksgiving f ayDay: or e sale Day, December 25; but on the evenings preceding such "off sale" daysmay bee se until 10 is not otherwise prohibited on such evenings,after 8 o'clock P. M. except that no "off sale" shall be made on December 24, o'clock P. M. Notwithstanding the foregoing restrictions of this Section 7, establishments qualifying for Sunday sale as provided for by Minnesota Statutes may serve intoxicating liquors between the hours of 12 o'clock noon and 12 o'clock midnight on Sundays in conjunction with the serving of food. SECTION 8. Restricdons on Consumption. No "on sale" place of business shall be permitted to have swinging doors or opaque windows. All sales Shall be made in full view of the public. It shall be unlawful for any person or persons to mix or prepare liquor for consumption, or to permit the consumption thereof, in any public place or place of business where no "on sale" license is held, or to consume liquor in such a place. • • • a 328 ,— e • SECTION 9. Any violation of any provision or condition of this ordinance or the state licensing law or any falsification of any statement in the application shall be grounds for revocation. Any such license shall be revoked automatically upon the conviction of the licensee of a felony. No portion of the license fee paid into the City treasury shall be returned upon revocation. Upon the complaint of any police officer or of any citizen, any license granted hereunder may be suspended by the Council without notice to the licensee. As soon as can be reasonably done thereafter, a hearing upon the matters complained of shall be held by the Council. Notice of the time and place of such hearing shall be given to the licensee whose license has been suspended, by the clerk, by mail, addressed to such licensee at his licenses place of business, at least two days prior to the date of such hearing. If upon the hearing, the Council determines the complaint justified, and the matter complained of constitute a violation of law, the license shall be revoked for cause. SECTION 10. Repeal. All ordinances of this City or any provisions thereof in conflict with this ordinance or any of its provisions are hereby repealed. SECTION 11. Provisions Separable. Every section, provision or part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or part hereof shall be declared invalid, it shall not affect any other section, provision or part. SECTION 12. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction therefor, shall be punished by a fine or not more than $300.00 and imprisonment in the County Jail for not to exceed 90 days. SECTION 13. Effect. This ordinance shall take effect and be in force from and after its passage and publication, and insofar as applicable the 1970 federal census. Passed: December 8, 1970. Published: December 11, 1970. Attest: 12....-) City Clerk • •