HomeMy WebLinkAboutOrdinance 972ORDINANCE NO. 972
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
PERTAINING TO INTOXICATING LIQUOR
The City Council of the City of Columbia Heights does ordain:
Section 1:
Section 5.503 (2) of Ordinance No. 853, City Code of 1977,
passed June 21, 1977, which reads as follows, to-wit:
"No person except wholesalers or manufacturers to the extent
authorized under state license shall directly or indirectly
deal in, sell, or keep for sale any intoxicating liquor
without first having received a license to do so as provided
in this Ordinance."
is herewith emended to read as follows, to-wit:
"No person except wholesalers or manufacturers to the extent
authorized under state license shall directly or indirectly
deal in, sell, or keep for sale any intoxicating liquor
without first having received a license to do so as provided
in this chapter."
Sect ion 2:
Section 5.503 (11) of Ordinance No. 853, City Code of 1977,
passed June 21, 1977, which reads as follows, to-wit:
"Conditions of license shall be as follows:
(a) Every license shall be granted subject to the conditions
of the following subdivisions and all other subdivisions
of this ordinance and of any other applicable ordinance
of the City or State law.
(b) The license shall be posted in a conspicuous place in
the licensed establishment at all times.
(c)
Any police officer, building inspector, or any employee
so designated by the City Manager shall have the
unqualified right to enter, inspect, and search the pre-
mises of the licensee during business hours without a
warrant,
(d) Every licensee shall be responsible for the conduct of
his place of business and the conditions of sobriety and
order in the place of business and on the premises.
(e) No on sale licensee shall sell intoxicating liquor off
sale.
(f) No license shall be effective beyond the space named in
the license for which it was granted.
(g)
No intoxicating liquor shall be sold or furnished or
delivered to any intoxicated person, to any habitual
drunkard, to any person under 19 years of age, or to any
person to whom sale is prohibited by state law.
(h)
No person under 19 years of age shall be employed in any
rooms constituting the place in which intoxicating
liquors are sold at retail on sale, except that persons
under 19 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.
(i)
No equipment or fixture in any licensed place shall be
owned in whole or in part by any manufacturer or
distiller of intoxicating liquor except such as shall be
expressly permitted by state law.
(J)
No licensee shall sell, offer for sale, or keep for
sale, intoxicating liquors from any original package
which has been refilled or partly refilled. No licensee
shall directly or through any other person delete or in
any manner tamper with the contents of any original
package so as to change its composition or alcoholic
content while in the original package. Possession on
the premises by the licensee of any intoxicating liquor
in the original package differing in composition or
alcoholic content in the liquor when received from the
manufacturer or wholesaler from whom it was purchased,
shall be prima facie evidence that the contents or the
original package have been diluted, changed or tampered
with.
(k)
No licensee shall apply for or possess a Federal Whole-
sale Liquor Dealer's special tax stamp or a Federal
gambling stamp.
(1)
(m)
No licensee shall keep ethyl alcohol or neutral spirits
on his licensed premises or permit their use on the
premises as a beverage or mixed with a beverage.
The business records of the licensee, including Federal
and State tax returns, shall be available for inspection
by the City Manager, or other duly authorized represen-
tative of the City at all reasonable times.
(n)
Changes in the corporate or association officers, cor-
porate charter, articles of incorporation, by-laws or
partnership agreement, as the case may be, shall be sub-
mitted to the City Clerk within 30 days after such
changes are made. In the case of a corporation, the
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licensee shall notify the City Clerk when a person not
listed in the application acquires an interest which,
together with that of his spouse, parent, brother,
sister or child, exceeds five percent (5%), and shall
give all information about said person as is required of
a person pursuant to the provisions of Section 4 of this
ordinance.
(o) At the time a licensee submits his application for
renewal of a license, he shall state the nature and
amount of any contribution he has made in the preceding
five years for state and local campaign or political
purposes, the person to whom the contribution was made
and the person or organization for whom intended.
(p)
A licensed restaurant shall be conducted in such a
manner that no less than forty percent (40%) of the
business for a licensee year is the serving of foods. A
hotel shall be conducted in such a manner that, of that
part of the total business attributable to or derived
from the serving of foods and intoxicating liquors, no
less than forty percent (40%) of the business for a
license year is the serving of foods.
No licensee shall knowingly permit the licensed premises
or any room in those premises or any adjoining building
directly or indirectly under his control to be used as a
resort for prostitutes.
(r)
(s)
No licensee shall keep, possess, or operate or permit
the keeping , possession, or operation of any slot
machine, dice, or any gambling device or apparatus on
the licensed premises; and he shall not permit any
gambling therein.
At the time of application for renewal of application of
an on sale license, the applicant shall submit proof to
the City that not less than forty percent (40%) of the
gross sales of the establishment for which the on sale
license is to be used is in the serving of food.'
is herewith amended to read as follows, to-wit:
"Conditions of license shall be as follows:
(a)
Every license shall be granted subject to the conditions
of the following subdivisions and all other subdlvislo~
of this ordinance and of any other applicable ordinance
of the City or State law.
(b) The license shall be posted in a conspicuous place in
the licensed establishment at all times.
(c)
Any police officer, building inspector, or any employee
so designated by the City Manager shall have the
unqualified right to enter, inspect, and search the pre-
mises of the licensee durinE business hours without a
warrant,
(~)
Every licensee shall be responsible for the conduct of
his place of business and the conditions of sobriety and
order in the place of business and on the premises.
(e) No on sale licensee shall sell intoxicating liquor off
sale.
(f) No license shall be effective beyond the space named in
the license for which it was granted.
(g) No intoxicating liquor shall be sold or furnished or
delivered to any intoxicated person, to any habitual
drunkard, to any person under 19 years of age, or to any
person to whom sale is prohibited by state law.
(h)
No person under 19 years of age shall be employed in any
rooms constituting the place in which intoxicating
liquors are sold at retail on sale, except that persons
under 19 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.
(i)
No equipment or fixture in any licensed place shall be
owned in whole or in part by any manufacturer or
distiller of intoxicating liquor except such as shall be
expressly permitted by state law.
(J)
No licensee shall sell, offer for sale, or keep for
sale, intoxicating liquors from any original package
which has been refilled or partly refilled. No licensee
shall directly or through any other person delete or in
any manner tamper with the contents of any original
package so as to change its composition or alcoholic
content while in the original package. Possession on
the premises by the licensee of any intoxicating liqUor
in the original package differing in composition or
alcoholic content in the liquor when received from the
manufacturer or wholesaler from whom it was purchased,
shall be prima facie evidence that the contents or the
original package have been diluted, changed or tampered
with.
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(k)
No licensee shall apply for or possess a Federal Whole-
sale Liquor Dealer's special tax stamp or a Federal
gambling stamp.
(1)
No licensee shall keep ethyl alcohol or neutral spirits
which are not potable on bis licensed premises or permit
their use on the premises as a beverage or mixed with a
beve rage.
(m)
The business records of the licensee, including Federal
and State tax returns, shall be available for inspection
by the City Manager, or other duly authorized represen-
tative of the City at all reasonable times.
(n)
Changes in the corporate or association officers, cor-
porate charter, articles of incorporation, by-laws or
partnership agreement, as the case may be, shall be sub-
mitted to the City Clerk within 30 days after such
changes are made. In the case of a corporation, the
licensee shall notify the City Clerk when a person not
listed in the application acquires an interest which,
together with that of his spouse, parent, brother,
sister or child, exceeds five percent (5%), and shall
give all information about said person as is required of
a person pursuant to the provisions of Section 4 of this
ordinance.
(o)
At the time a licensee submits his application for
renewal of a license, he shall state the nature and
amount of any contribution he has made in the preceding
five years for state and local campaign or political
purposes, the person to whom the contribution was made
and the person or organization for whom intended.
(p)
A licensed restaurant shall be conducted in such a
manner that no less than forty percent (40%) of the
business for a licensee year is the serving of foods. A
hotel shall be conducted in such a manner that, of that
part of the total business attributable to or derived
from the serving of foods and intoxicating liquors, no
less than forty percent (40%) of the business for a
license year is the serving of foods.
(q)
No licensee shall knowingly permit the licensed premises
or any room in those premises or any adjoining building
directly or indirectly under his control to be used as a
resort for prostitutes.
(r) No licensee shall keep, possess, or operate or permit
the keeping , possession, or operation of any slot
machine, dice, or any gambling device or apparatus on
the licensed premises; and he shall not permit any
gambling therein.
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(s)
At the time of application for renewal of application of
an on sale license, the applicant shal! submit proof to
the City that not less than for:y percent (40~) of the
iross sales of the establis~ment for ~hich the on sale
license is to be used is in the servinE of food.'
Sec:ion 3:
This Ordinance shall be in full force and effect from and
after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
September 15, 1981
November 23, 1981
November 23, 1981
Offered by:
Seconded by:
Roll Call:
Hentges
Logacz
Logacz, Hentges,
creta~y to the CounCil-
Nawrock ~
Bruce G. Nawrocki, Mayor
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