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Home My WebLink AboutOrdinance 145 AN ORDINANCE TO RE~AL ORD!~ANCE NO. 1On, BEi~,]O AN ORDINANCE LICENSING AND ~ SALE AT RETAIL OF NONINTO~ICAT!C~G LIQUORS AND [~OVIDiNG A ~NAL~ FOR T~ VIOLATION T~ CI~ OF COL~?IA ~IGHTS ~ES ORDAiCi: Section 1. Ordinance Re~aled. That orflinanoe No. lOV, en- titled "An Ordinance Licensing and Regulat~ng the Sale at of Nonintoxicating ~,alt Liquors an~ ~ovi~ing a Penalty for Violation ~ereof", which ordinance was ~sse4 an~ adopted on the 3rd day of A~il, 1933, be an~ the same is hereby repesle~. Section 2. Conten~s of Re~eale~ Ordinance. The? the said ordinance No. lOV which is by this or~insncs repe~le~ read as follows: Section t. .Definition of Terms. (a) ^s used in this ordinance, the term "person" shall mean and include a natural person of either sex, person, co-pert~ nershlos, corporations and associations of oerso~s: and shall in- cl'~de the agent or manager of an7 of th~ ~forassi~. ~e si~g~!sr number shs~!_ include ~ plural, and the ~.~.~-~sc~line pronoun, sh~l! include the Feminine and neuter. (b) "Non-i~toxicsting .~:~lt liq~or'' sh~!! z:~:n any potable malt beverage with s~ alcoholic content of ~ore lhsn one- half of one ~rcent by volu,e and nat mmr-e than three an~ tw~o- tenth per cent by weight. (c) ~ ~ona Fide c!~b' ss use~ herein sba]! be club organize~ un,er the laws of the sta~e of V~nnesota cial or business p~mposes, or for ~nSe!!ect~ml irorovement, for the ~omotion of sports, where the serving of such linnets is ino~dental to an~ not the major o~oose o~ the club. (d) "Original ~cksge" as ~sed herein shall mean the bottle or seale~ container in which the liouor ls olace~ st the place of manufacture. (~) "Resta~_~rsnt ~s use~ herein shall mean any of business wherein the.ore~ring sn~ serving o~ meals lunches to the ooblic to be cons,~ma~ ~ the orem~ses constit~es the major business thereof. Section 2, License Required. No persnn shstl vend, deal in, or dispose or by sale or other,~ise, or keep or offer for sale in the City of Columbia Heights, any nonintoxicating malt liquor without first having received a license therefor ~s here- inafter provided. Licenses shall be of two kinds: "On Sale" and "Off Sale." "On Sale" licenses shall be granted only to drug stores, res- ta~n~ants and hotels where food is prepared ~nd serve~ for consump- tion on the ~uremises and in bens ride clubs, an~ shall permit the sale of such liquor For co,~sumpt!on on the premises only. "Off Sale" licenses shall be grante~ to permit the sale at wholesale and/or retail of such liquor in the original packages for removal ?rom and consu~ption off the premises only. Section ~. Applications for License. All spp.lications for any license to sell nonintoxicating ~alt liquor shall be on forms to be supolied }~-y the city setting forth the name of the person asking eof ~uch l~cense, his age, representations as to his character with such references as may be required, his citizenship, the location whe'.--,e such business is to be carried on, whether such application is for "on sales," or 'or~ sales," the b~siness in con- nection '.~'ith which the proposed license w~lt ooerate, who*her ap- plicant is owner and o~rator of such business, the time s~ch plicant has been in that business s* ~hat olsce, and such otb~r information as the City Council may require from ti,~e to time. It shall be unlawful to make any False ,'~*atem. emt in an Such application shall be signe~ amd swor~ to by the sopllcant if an individual, and ~f a corooration then by an oeficer thereof, before a notary public or other officer authorize~ to sdminis~er oaths. Section 4. =e~s. .~.ll apolications for licenses shall be accompanied by a receipt iaea the c~ty treasurer for the requir~ annual fee for the respective license. ~.lt such fec, s shall be paid into the general f~md or the municipality. Uoon rejection of any s oplication for a license, the treasurer shall rerun4 the amount Oaid · The annual fee for an "On Sale" license shall be ~15.00. The annual fee for an "OFf Sale" license shall be five dollars All licenses shall expire on the l~st day o~ December in each year: ~rovided that if eight months or more of any licensing year have elapsed when application is made the Fee shall be reduced to one-half of the regular amount thereof. Section 5. ?he City Council shall cause an investigation to be made of all fact set forth ~.~ the application. Opportumity shall be given to any person to be heard for or ag~:inst the grant- ing of any license, r~fter such investigation, the City Co,~ncil shall grant or refuse any such ~pplication in its discretion. Section 6. Conditions of Licenses. ~ll licenses granted hereunder shall be granted s~b.ject to the following conductions, and all other conditions of this ordinance, amd s~b~ect.~ to all other orainances oF the city apolicabte th~reto. No license shall be granted to any ~rson ~n~er twerty-one years o~ age. No license shall give oer.~Issfon to sel~ non-tn*e×ic~ting malt liquor in any theater, recreation hall or center, ~ance hall, pool hall, b~ll p~rk or ofher place of ~blic gathering ~or the pose of entertainment or amusement whether s restaurant is in nection herewith or not and no such li~or shall be consumed there. No license shall be grante~d for sale on any premises where licensee has been convicted of the violation of this or~nance or where a~y license hereunder h~s been revoke~ for ca,se for at least one year after the said cor~v~ction or revocation. No sale of any noni~toxicating malt liGuor shall be ma~e to any person under g~ar~ianshlp, nor to ~ny carson under twenty-one years o? age. All premises where any license hereunder is grante~ shall be open to inspection by any police or health officer or other pro- perly designated officer or employee of the city at any time ~r- ing which the place so licensed is open to the p~b]fc ?or business. No gambling nor any gambling device orohibite~ by law sh~l! be permitted in any liceosed premises. All licenses granted under this ordinanco shall bo issued to the applicant only and shall ~e issued for the ~oremises described in the application. Such license shall not he transfer,red to other place without the spproval o~ the City Councfl. No manufacturer o~ such non-intoxicating malt lion, ors sh~ll have any ownershio, on whol.9 or in cart, in the bus~ess o~' any licensee holding an "On Sale~ license. Section ~. Closing hours. "~o D.~e~ises licens.~d eo~' "On Sale~ hereunder sh~ll re~ain o~L~n for t?.e sale of non-intoxi- cating malt liquors between the hours of I a. ~. ~nd 6 a. m., nor on shy day of s ~eders1, State or ~'~unic~osl election, nor on shy Sunday before 12:01 p. m. Section 8~ Clubs. No club shall set~ l~uo~ e~ceot to the members and to guests ~n/company of members. Section 9. No ~.~ar, .~artition~ or ~creen Permitte~. Tn any place licensed for "on sale~ the li~uor sold sb~ll be served and consumed st ta~l~s in the ~1ning or refreshment roo~ of the restaurant, hotel or club, ~nd shall not be cons~ed or served at bars; provided the same ~ay be served at coun*ers where food is regularly served and consumed. ~here sh~ll be no o~rtition, stall, screen, curt~,~ or other d~vice which sb~ll obstruct the view of any ~rt of said roo~ fro,~ the general obs.erv~t~on ce sons in said roo~. Section lC. Revocation and S~spension. ^uy two Co,nc!l- men or the Y.~yor of the City of Columb~ Heights Y~y st ~ny ti~e susoend for a per~od o? not to exceed ~0 days the license of s licensee by fil~_ng with the City Clerk of s~id city sn order to that effect. Any license grs~ted hereu,~der may be revoked by the council at ~ny time without notice. ^$y vlol~t~on of ~ny orovi- sion or condition of this ordinance or s~y falsification of ~ny statement in the spollcation shall be grounds for revocation. portion o? the license tee paid into the city treasury sh~ll be returned noon revocation. Section ll. ~?enalty. ~ny ~rson violating Shy orovi- sion of ~this ordinance shall be guilty of s misdemeanor, and up~ conviction thereof shall be punished by a fine of not less than $10.00 nor more than ~100.00, or in defa~lt of such payment shall be imprisoned for not to exceed ninety ~ays, pl,.~s the costs of prosecution in any case. Section 12. Effect. This ordinance being necessary for the immediate preservntion of the public peace and safety, shall take effect i:mediately. Adopted by the Council April 3, Offered by Karrow, seconded by T~osvold. Roll call: Ayes all. NARY EU~AR DS Secretary to the Council H. F. WELCH, Nay or Section 3. Time of ~aking Effect. This ordinance shall take effect and be in Force from and after thirty (30) days after its passage.