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HomeMy WebLinkAbout0544 Ord (Sale & Consumption of Non-Intoxicating Malt Liquors)441 • ORDINANCE NO. 543 - continued Section 3. Effective Date. This Ordinance shall be in full force and effect troom�after its passage and publication according to law. Passed by the City Council this 21st day of December, 1976. Published: December 31, 1976 LPL Mayor Attest: 06 .t c-CwJ-a-- Actin City Clerk ORDINANCE NO. 544 AN ORDINANCE LICENSING AND REGULATING THE eALP AND CONSUMPTION OF NOai-INTCNICATING MALT LIQUORS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF MD REPEALING PRIOR ORDINANCE INCONSISTENT 'HEREWITH. THE CITY COUNCIL OF THE CITY OF SIIUJdATER DOES ORDAIN AS FOULK S: SECrI(N 1. Definition of Terms. Subdivision 1. As used in this ordinance, the tens "person" includes a natural person of either sex, co -partnership, corporation and association of persons and the agent or manager of any of the aforesaid. The singular number includes the plural and the masculine pronoin includes the feminine and neuter. Subdivsion 2. "Beer" or "non -intoxicating malt liquor" weans any malt beverage with an alcoholic content of more than ore -half of one per cent by volume and not more than three and two -tenths per cent by weight. Subdivision 3. "Intoxicating liquor" means any distilled, fermented or vinous bewrage containing mare that three and taw -tenth; per cent of alcohol by weight. Subdivision 4. "Original package" weans the bottle or sealed container in which the liquor is placed by the maufacturer. Subdivision 5. 'Bona fide club" ream a club organized for social or business purposes or for intellectual impmvenent or for the promotion of sports, where the serving of beer is incidental to and not the major purpose of the club. Subdivision 6. "Restaurant" means a place of which the major business is preparing and serving lindes 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. SECTION 2. license Required. Subdivision 1. No person, except wholesalers and nsnufactuers to the extent authorized by law, shall deal in or dispose of by gift, sale or othewise, or keep or offer for sale, any beer within de city without first having received a license as hereinafter provided. Licenses shall be of three kinds (1) Retail "on sale" and (2) Retail "off sale" and (3) Teaporary Club Licenses. Subdivision 2. "On Sale" licenses shall' be granted only to bona fide clubs, beer stores, drug stores, restaurants and hotels where food is prepared and served for consuiption on the premises. "On Sale" licenses shall permit the sale of beer for consumption on the premises only. Subdivison 3. "Off Sale" licenses shall permit the sale of beer at retail, in the original package for consuiption off the premises only. SECTION 3. Applications for License. Every application for a license to sell beer shall be made on a form supplied by the City and shall state the nave of the applicant, his age, representations as to his character with such refer- ence as may be required, his citizenship, whether the application is for "on sale" or "off sale', the business in camection with which the proposed license will operate and its location, whether applicant is owner and operator of the business, hog long he has been in that business at that place, and such other information as the council may require from time to time. It shall be unlawful to make any false statement in an application. Applications shall be filed with the city clerk. (continued on the next page) • • • 442 ORDINANCE NO. 544 - continued • • SECTION 4. License Fees. h' Subdivision 1. Each application for a license shall be accaryanied by a receipt from the c'7 city treasurer for payment in full of the required fee for the license. All fees shall be paid Cr into the general fund of the municipality. Upon rejection of any application for a license, the a' treasurer shall refund the want paid. Subdivison 2. All licenses 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 application is made, a license may be issued for the reminder of the year for a pro rata fee. In computing such fee, any tnexpired fraction of a month shall be counted as me month. Subdivision 3. The annual fee for an "On Sale"license shall be $50.00. The annual fee for an "Off Sale" license shall be $5.00 The Council say in its discretion waive the fee on taporary club llamas. Subdivision 4. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances rpm application to the council within 30 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 m 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 illness; (3) the licensee's death; (4) a change in the legal status of the municipality making it tnlawful for the licensed business to continue. SECTION 5. Granting of License. Subdivision 1. The city council shall investigate all facts set out in the application. After such investigation and hearing the city council shall grant or refuse the application in its discretion. Subdivision 2. Each license shall be issued for the applicant only and shall not be transfer- able to another folder. Each license shall be issued ally for the premises described in the application. No License my be transferred to another place without the approval of the city cancil. SECFICI1 6. Persons Ineligible for License. No license shall be granted to or held by any person: (1) Under nineteen years of age. (2) Who has been convicted of a felony, or of violating the National Prohibition Act or any law of this state or local ordinance relating to the manufacture or transportation of intoxicating liquors. (3) Mn is a manufacturer of beer or who is interested in the control of any place where beer is mmnufactured. (4) Who is an alien. (5) Who is not of good moral character. (6) Who is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place mless there has also beat issued to him a local license to sell intoxicatine liquor at such place. (7) Who is not the proprietor of the establishment for which the license is issued. SECTION 7. Conditions of License. Subdivision 1. Emory license shall be granted subject to the conditions in the following sub- division and all other provisions of this ordinance and of any other applicable ordinance of the city or state lea. Subdivision 2. All licensed premises shall have the license posted in a conspicuous place at all times. Subdivision 3. No beer shall be sold or served to any intoxicated person or to any person mder 19 years of age. Stbdi bion 4. No minor shall be permitted to censure beer on the licensed premises unless acmopaded by his parent or legal guardian. Stbdidsion 5. No minor alder 19 shall be employed on the premises of a beer store or be permitted to sell or serve beer in any "on sale" establishment. Subdivision 6. No gambling or any gambling device shall be permitted on any licensed presses. Subdivision 7. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. SECTION 8. Sales; Closing Hours. No sale of ron-intoxicating malt liquor shall be mode between the hours of one A. M. and eight A. M. on any weekday Monday through Saturday inclusive. Neither shall any sale of such liquor be made on any Sunday between the hours of one A. M. and twelve o'clock noon, nor between the hours of one A. M. and eight o'clock P. M. on the day of any statewide election. SECTION 9. Revocation. The violation of any provision or condition of this ordinance by a beer licensee or his agent shall be ground for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without the notice and without hearing. In all other cases, a license granted mder this ordinance may be revoked or suspended by the Council after written notice to the licensee and a public hearing. The notice shall give at least eiM t days' notice of the time and place of the hearing and shall state the nature of the chartes against the licensee. The council may suspend any license pending a hearing on revocation or suspension. (continued m page 444) • • • • • ORDINANCE ND. 544 - continued SECTION 10. Penalty. My person violating any provision of this ordinance shall be guilty of a misdemeanor, and mat 300 p0)ioriiinpris nthereof tintheec mty jailya fine of not more than Three for not Tre than ninety (90) days. Dollars SECTION 11. Repeal. Ordinance No. 7o.2 295 295seasedup April 5, 1933, and 33, hereby No. 298 passed .Tune 18, 1935 and SECTION 12. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the City Council of the CiLy of Stillwater on this 8th day of February, 1977. Published: February 14, 1977 Attest: AcrWs, City Clerk Mayor • 1.1 •