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HomeMy WebLinkAboutOrdinance 303AN ORDINS~NCE LiCEi,~SI!,~G A~{D REGUL%TiNG T_~ SALE A},TD CO~,TSU'.PTiOI,~ OF NON-INTOXICATIi{G lt%LT LIQUOR, RE- PEALiA{G Ii,~CONSISTENT ORDil'{ANCES, AND PROVIDING A PENALTY FOR THE VIOLATION HEREOF. THE CITY OF COLUI.~BIA HEIGHTS DOES ORDAIN: SECTION 1. Definition of Terms. Subdivision !. As used in this ordinance] the term "person" includes a natural oars. on of either sex, co-partner- ship, corporation and association of persons and the agent or manager of.any of the aforesaid. The singular number inc!ud~es the plural, end the n-~ascuiine ~}ronoun inc!u~es the feminine and neuter. _ non-zntoxic~ting malt liquor" 5_~b_dlvision 2. 'Beeru or' ' means any malt beverage with an alcoholic content of more than one-half of one per cent by vo!urae and not more tLan three and two-tenths per cent by weight. 'S_u_b_d~iv,,i$i_o_n 3, 'Intoxicatin..~ liquor" means_any dis- tilled, fermented or vinous beverage containing more Shah three and two-tenths per cent of alcohol by weight, Subdivision ~. "Original package" means the bottle or sealed container in ??hich the liquor, is oiaced by the manufacturer. ~ubdivision_~. "Bona fide club" .ueans a ciu~ organized. for social or business purposes or for inte!!ectu~! i.uprove- ment or for the 'promotion of sports, ';.~here the serving of beer is incm~ent~.i to and.not on~ major otu-~ose of the club Subdivision 6. ,,~=nesvo. urant, o , means a. Diace of which the major business is preparing and serving lunches or meals to the-public to be con~mmed on the premises. Subdivision--7._ "Beer Store" means an esta~iishment for the sale of beer, cigars, cigarettes, all forms of to= ..... co, Oeverages and soft drinks at.retail. SECTION 2. License Required. Subdivision i. No person, except wholesalers a~nd man- ufacturers to the e~-~tent authorized by ia~;, s~i! deal in or disvose of by gift, ~a!e or othervise, or kee~ or offer for sale, any beer withln this city vithout first having received a license as hereinafter ~rovided. Licenses ~!~!1 be of two kinds: 'On ~ale' and "Off Sale". ,, ~ , ~ ~,~a .... shall b.= granted Subdivision 2. 'On oa±e _.~,o,~ -~ , only to bon~ fi~..e clubs, beer stores, drug stores, restaurants and hotels v,~_~ere food is prepared and served for consu~.otion on the premises. 'On Sale" licenses shall oermit the sale of beer for consuamption on the premises only. Subdivision ~_~ "Off Sale" licenses shall ~ermit the sine of beer at retail or at wholesale in the original oackage for consumption off the premises only, SECTION 5. Ap.D~!¢ations for Licenses. Every application for a~iicense to sell beer shall be made on a form supplied bY the city and shall state the name of the applicator, his age, representations as to his character -1- with such references as may be re,suired,~ his citizen~'~lp, whether the application is for "onsales" or "off sales" the business in cons_action with which the proposed license will operate and its iocgtion, whether applicant is o~rner and operator of the bus,ness, how,long he has been in that bus- iness at tha~ place, and such other information as the council may req~ire from time to time. It shall be unlawful to make any false statement in an application. Applications shall be filed with the city c~_er~ for presentation at one r~gui~r. council m~eting and after due investigations the ap~!ic~tion shall be acted u'~on at the second regular council meeting. SEOTION ~. L. ic.ens~q Fees,.._ S_~ubdiy!sion !. Each application for $ license shall be accompanied by a receipt fz~om the city treasurer for payment in full of the required fee for the license. Ail fees shall be paid into the general fund of the municipality. U~oon re- jection of any a?~p!ication for a license, the treasurer shall refund the amount pa~d. S_u_jod!vision. 2_~ All license shall expire on tha last day of December in each Year. Each license shall Se is~ued for a period of one year, except that if a oortion of~ the license year has elapsed ~.~hen the application is made, a license may be issued for the remaine~ of the year for a pro rata fee. In com-outing such fee any une×oired fraction of a month shall be coup_ted as one month. Subdivision__~. The annual fee for an "On ~aie" license shall be set by the City Council at the first meeting in December of each year and shall be no less than Fifty (~j0) dollars. Tl~e ar~nua! fee for a~n "Off Sale" license shall be five (~J) dollars. BulRlivision ~. No ~art of tl~e fee oaid for any license issued under this or~in=~c~ shall be refunded e~,~cept in the following instances uoon apo!ication to the council within 15 days from the happening of the event. Ther~ shall be refunded a pro rata portion of the fee for tbs unexoired period of the license, comouted_ on a monthly basis, ~hen ooeration of the _lo.used busi~ess ceases not ]cass then one month '0efore expiration of the license because of: (t) ~estruotion or damage of the licensed premises by fire or other catastro~he. (2) ~he licensee's illness. The licensee's death. ~ change in the legal status of the municipality making it unlawful for the licensed business to continue. SECTION 5- ~anti_n_~ of License, ~_ubdivision__l~ The city coun~ii shall investigate all facts set out in the application. Op~ortunity sha!! be given to any person to be heard for or against the granting of the license. After such investigation and hearing the city council sh~!! grant or refuse the application in its direction. .~_~__divi___~sion_q~2Each license shall be issued to the on~o and shall not be transferable ~o another ap~o!lcant holder. Each license shall be issued only for the premises described in the a?p!ication. No license may be transferred to another place without the approval of the city count!!. -2- SECTION 6. Persons Ine!i~ib!e for License. No license shall be granted to any ~erson: (1) Under twenty-one years of age. (£) l~Zo has been convicted of a felony or of violating the National Prohibition Act or any ta~¥ oS this state or local ordinance relating to the manufacture or transportation of intoxicating liquors. (3) i,~o is a manufacturer of beer or who is inters~ ~ in the control of any p!sce ~i~_ere 'beer is manufactured. (~) Who is not of good moral ch~raeter. (5) ~,a~o is, or dur'~z~ the veriod of his _~i~ense i~ec~es the holder of a federal retail liquor dea!er~s special tax stamp for the sale of into-~icating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place. SECTION ?. Places In%il~ibie for License. Subdivision t~. No license shall be granted for sale on any premises ~.~here a licensee has oeen convicted of the violation of this ordinance or where any license hereunder has been revoked for ca~3, se until one year has ela~osed after such conviction or re~ocation. .SECTION 8. Condit!oss~ of License. Subdivision !. Every license shall be granted subject to the conditions in the fol!o~ing,subdivisions and all other provisions of this ordinance an~ of a~ other app!icaO!e ordinance of the clt~ or state law, S_u~Ddivision £__=. Ail licensed ~o~emises shall have the license 'costed in a ~conspicuous p!sce at all times. Subdivision ~ No beer shall be sold or served to any intoxicated person or to any Indian under guardianship of the Feds?at government or to any person under 21 years of age. Subdivision ~. No minor shall be permitted to con- smme beer on the licensed premises unless accompanied by his parent or legal guardian. Subdiv!sion_~m. No minor undev 21 shall be employed on the premises of a beer store or be permitted to sell or serve beer in any "on sa!e~! esta;,lishment. Subdivision 6, No gambling or any g~mb!ing device shall be ~erm~tted on any licensed ~remises. Subdivision ~. No manufacturer or wholesaler of beer shall have any o~,~nersnz~, of, or interest in, an e~ta~!ishment lic~ensed to sell beer at retail contrary to the ~rovisions of Minnesota Statutes !9~i, sec. 3i~0.02 as e~mended by Law ch. ~59. No retail licensee and ma~ufacturer or ~?ho!esaier of beer shall be parties to any exclusive purchase contract. No licensee shall receive any benefits contrary to law from a manufactu, rer or wholesaler of beer and. no such manufacturer or ?,~ho!esaier shall confer any benefits contrary to law u~on a licensee. Subdivision 8. No licensee shall sell beer holding or e~ahibiting in the licensed ~remises a f~dera! retail liquor dealer's, special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors. subdivision 9-= No licensee who is not also licensed to sell intox!cating liquor shall sell or oermit the con- sumotion or disT,!ay of !ntoxic~_~oz~ liquors on the licensed premises or serve any liquids for- the puroose of mixing ~Ith intoxicating liquor. The ~resence of mnooxz~oing iiouors on ~n~!~ be prima fac~e evidence the premises of such a licensee ~ ~ ~ _ of possession of intoxicating iiquoz;s for the purpose of sa!e; and the serving of any liquid for the puroose of mixing ~ith intoxicating liquors shall be prima facie evidence t~_~t in- toxicating liquor is semng ~ rmzo~ed to be consumed or dis- played contrary to th~s ordina~cs. Subdivision !0. AnY peace officer shall have the un- qualified right to enter, inspect and search the premises of a licensee d~ing.business hours without a search and seizure warrant and may seize all intoxicating liquors found on the licensed premises. Subdivision 11. Every licensee shall be res~onsib!e for the conduct of his place of business and shall maintain conditions of sobriety and order. SECTION 9. C!osin~ Hours. No "on sales" of beer shall be ma~e between the hotm~s of 1:00 A.M. and 6:00 A.M. on weeRdays or between the hours of !:00 A.M. and !2:00 nomn on Sundays, om before 8:00 P.M. on Federa!, State and Municipal election days. SECTION !0. Ba__r__s.!a_rt_~it_ion___~sa~Boxes or Screens. Subdivision !. In any 'o!ace licensed for "on sa_,~s~=" the beer sold shall be served and consumed at tables in.the dining or refreshment room of the place and may be served at counters where food is megu!ariy served and cons~mmed. Ail wznao~.,~ in the front of any such ~!ace shall be of clear glass, o~n~.~the" ~ vie~.~ o~_ the whole interior shall be unobstructed by screens, curtains or partitions. There shall be no partition, box, stall, screen, curtain or other device which obstructs the vie~ of any part of the room from the general observation of persons in the roam~ but oartitions, subdivisions, or oane!s not higher than forty-eight inches from the fl~or shall not be considered obstructions. Subdivision 2. An "on sale" license shall entitle the holder to serve beer in a separate room of the licensed premises for banquets or dinners at which are ~resent not less than !0 persons, SECTION tt. Clubs No cl~o shall sell beer except to members and to guests in the company of members. SECTION 12. Restrictions on Purchase and Consoraotion. Subdivision !. No minor shall misrepresent his age for the purpose of obtaining beer. Subdivision 2. No person shall induce a minor to purchase or procure beer. Subdivision ~. No carson other than the parent or legal guaro__an shall.orocure beer for any minor Subdivision 4;~ No beer shall be consumed in any theatre, recreation hall or center, ~ance hall, ball mark or other place of public gathering for 'the - ouroo se of en- tertainment, amusement or ~a!aying of games, ~ ~ e~ce..~t by sveciai advance license by ti3e city council. Su'Odivision_~. No 'oerson shall consume, or display any intoxicating liquor on the premises of a licensee who is not also !%censed to se~! intoxicating liquors. SECTION 13. Revocation. The v~o!ation of any provision or condition of this ordinance by a beer licensee or his agent shall be grounds for revocation or suspension of the license. The !!tense of any person who holds a federal retail liquor dea!er~s special tax.st~mp without a license to sell intoxi:ating liquors at such place may be revoked without notice and with- out hearing. In all other cases, a license granted undev this omdinance may be revoked or suspended by the council after written notice to the grantee and a public h~aring. 'The notice~ shall ~ive at least e~ght days notice of the time and place of the hearing.and shall state the nature of 2he charges against the licensee. The Council may suspend any license pending a hearing. SECTION !4,. [enalt_2l~ Any person violating any ~rovision of this ordinance shall be guilty of ~ misdemeanor, and uvon conviction thereof, shall be punished by a fine of not more than. One Handred (~!00) dollars or imprisonment for not more than ninety (90) days, plus the c~sts of prosecution in either case. SECTION 1~. Reoe_~a_l_~. Ordinance No. i~ 'passed November 2, 1937, Ordinance No. ~assed _, 19__, and Ordinance No. passed .... , 19_ , are hereby remea!ed. SECTION 16. Effective Date. .Tills ordinance shall 'ce in full for:~e and effect from Du~_~ logit !on according and after 30 days after its passage and i ~'" ~ ' ' to law. Passed by the council this day of Attest: Clerk Mayor (President of Council]-- Publzsh~. in on , 1952.