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HomeMy WebLinkAboutOrdinance 1119ORDINANCE NO. 1119 BEING AN CRDINANCE AMENDING ORDINANCE NO. 853, CITY {DDE fF 1977, RR~ATING TO CHARITABLE GAMBLING WITHIN THE CITY fF GOLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1: Section 5.501 (6) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: 5.501 (6) Licenses Granted pursuant to the provisions Of this chapter shall be subject to the following oonditions: (a) (b) No gambling, nor any gambling device prohibited by law shall be permitted by the licensee in the licensed premises. Ail licensees under this section shall maintain the sanitation conditions prescribed by 5.301 that are applicable to the serving of beverages. (c) All licensees under this section shall allow the business premises to be inspected by police or health officials at any time during which the premises are open to the public for business. (d) No licensee or his agent may sell or permit the sale of beer licensed to be sold under this section between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, M~nday through Saturday, inclusive; nor on Sunday between the hours of 1:00 a.m. and 12:00 noon; nor between the hours of 1:00 a.m. and 8:00 p.m. on the day of any statewide election. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premises any beer between the hours of 1:30 a.m. and 8:00 a.m. (e) (f) No licensee or his agent shall permit the consumption of intoxicating liquor on the licensed premises, or the use of soft drinks to be used for mixing with intoxicating beverages, unless said licensee has an intoxicating liquor license. No club shall sell beer to persons other than members and Guests in the ccmpany of members. (g) No person under the age of nineteen shall be ~mployed on a premises licensed to sell beer "on-sale", to draw or serve beer. (h) No person or custc~er, other than the licensee and his employees, may remain on any licensed premises after 1:30 a.m. (i) No licensee or his agent shall serve beer to a minor, or permit a minor to remain on the premises. (j) No licensee shall permit an egployee to continue to ~rk on the premises for a period of ten days upon a first conviction for a violation of any provisions described herein, and for a period of one year ~on a second conviction. (k) No licensee or his agent shall make or permit a sale of beer to a minor. Shall hereafter read as follows, to-wit: 5.501 (6) Licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions: (a) No gambling, nor any gamblin~ device prohibited by law shall be permitted by the licensee in the licensed premises, except for charitable gambling and charitable gambling devices only to the extent specifically authorized by resolution of the Counc il. (b) Ail licensees under this section shall maintain the sanitation conditions prescribed by 5.301 that are applicable to the serving of beverages. (c) Ail licensees under this section shall allow the business premises to be inspected biz police or health officials at any time during which the premises are cpen to the public for business. (d) No licensee or his a~ent may sell or permit the sale of beer licensed to be sold under this section between the hDurs of 1: 00 a.m. and 8: 00 a.m. on any weekday, Monday through Saturday, inclusive; nor on Sunday between the hours of 1:00 a.m. and 12:00 noon; nor between the hours of 1:00 a.m. and 8:00 p.m. on the day of any statewide election. No licensee or his a~ent or any other person shall consume or allow to be consumed on the licensed pr~nises any beer between the hours of 1:30 a.m. and 8:00 a.m. (e) No licensee or his agent shall permit the consumption of intoxicating liquor on the licensed premises, or the use of soft drinks to be used for mixing with intoxicating beverages, unless said licensee has an intoxicating liquor license. (f) No club shall sell beer to persons other than members and guests in the Cu~pany of m~nbers. (g) No person under the age of nineteen shall be erployed on a premises licensed to sell beer "on-sale", to draw or serve beer. (h) No person or customer, other than the licensee and his employees, may remain on any licensed premises after 1:30 a.m. (i) No licensee or his aoent shall serve beer to a minor. (j) No licensee shall permit an e~ployee to continue to work on the premises for a period of ten days upon a first conviction for a violation of any provisions described herein, and for a period of one year ~pon a secon conviction. (k) No licensee or his agent shall make or permit a sale or beer to a minor. Section 2: Section 5.503 (11) of Ordinance No. 853, City Code of 1977 passed June 21, 1977, which currently reads as follows, to-wit: 5.503 (11) 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) (d) 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 premises of the licensee during 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 roo~s constituting the place in which intoxicatin~ liquors are sold at retail on sale, except that persons under 19 years of age may be ~auployed to perfom the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rocms in w~ich 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. (3) 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 o 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 ccmposition or alcoholic content in the liquor when received frcm 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) No licensee shall keep ethyl alcohol or neutral spirits which are not potable on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. (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 representa- tive 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, s the case may be, shall be sub- mitted to the City Clerk within 30 days after such changes are made. In t_he 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 sut~nits 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 busines receipts for a license year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business receipts attributable to or derived from the serving of foods and intoxicating liquors, no less than forty percent (40%) of the business receipts for a license year is the serving of foods. A bowling alley shall be conducted in such a manner that no less than sixty percent (60%) of the business receipts for the license year shall be derived frcm the serving of food and from bowling. (q) (r) No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoinning building directly or indirectly under his control to be used as a resort for prostitutes. 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. (s) At the time of application for renewal of an application for an on sale license, the applicant shall su~nit proof to the City that during the license year i~nediately preceding the year for which the application is made: (i) in case of a restaurant, not less than forty percent (40%) of the gross sales of the establishment for which the on sale license is to be issued was frown the serving of food, or (ii) in the case of a bowling alley, not less than sixty percent (60%) of the gross sales of the establishment for which the on sale license is to be issued was frcm bowling receipets and the serving of food. Shall hereafter read as follows, to-wit: 5.503 (11) Conditions of license shall be as follow~: (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 consDicuous 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 premises 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 intoxicati~ liquor off sale. (f) No license shall be effective beyond the space named in the license for which it was granted. (g) (h) 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. No person under 19 years of age shall be e~ployed 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 rocms 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 ~xpressly permitted by state law. (j) No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors frcm 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 o any original package so as to change its ccmpos it ion 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 ccmposition 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 wi th. No licensee shall apply for or possess a Federal Whole- sale Liquor Dealer's special tax stanlD or a Federal gambling stanlD. (1) No licensee shall keep ethyl alcohol or neutral spirits which are not potable on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. (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 representa- tive 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, s the case may be, shall be sub- mitred 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 (o) (P) (q) (r) (s) 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. 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 whcm the contribution was made and the person or organization for whom intended. A licensed restaurant shall he conducted in such a manner that no less than forty percent (40%) of the busines receipts for a license year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business receipts attributable to or derived frcm the serving of foods and intoxicating liquors, no less than forty percent (40%) of the business receipts for a license year is the serving of foods. A bowling alley shall be conducted in such a manner that no less than sixty percent (60%) of the business receipts for the license year shall be derived from the serving of food and frcm bowling. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoinning building directly or indirectly under his control to be used as a resort for prostitutes. 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. Provided, however, that charitable gambling and charitable gambling devices shall be permitted only to the extent specifically authorized by resolution of the Council. At the time of application for renewal of an application for an on sale license, the applicant shall sutmit proof to the City that during the license year immediately preceding the year for which the application is made: (i) in case of a restaurant, not less than forty percent (40%) of the gross sales of the establishment for which the on sale license is to be issued was from the serving of food, or (ii) in the case of a bowling alley, not less than sixty percent (60%) of the gross sales of the establishment for which the on sale license is to be issued was from bowling receipets and the serving of food. Section 3: Section 5.504 (10) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: 5.504 (10) On-sale wine licenses granted pursuant to the provisions of this chapter shall be subject to the ~ollowing conditions: (a) (b) Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and o~ any other applicable ordinance of the City or State law. The license shall be posted in a conspicious 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 thelicensed premises without a warrant during normal business hours and two hours thereafter if persons are observed uon the licenses premises. (d) Every licensee shall ~e responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and ~n the premises. (e) No on-sale licensee shall sell wine off-sale. (f) No license shall be effective beyond the space named in the license for which it was granted. No wine shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person undr 19 years of age, or to any person to whom sale is prohibited by state law. (h) No person under 19 yers of age shall serve wine in any rooms constituting the place in which wine is sold at retail on sale. No person under 18 yers of a~e shall be employed in any rooms constituting the place in ~hich wine is sold at retail "on-sale", except that persons under 18 yers of age may be ~mployed s musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or m~tei servir~ food in roopms in which wine is sold at retail "on-sale". (i) No licensee shall sell, offer for sale, or keep for sale, wine frcm ap¥ original package which has been refilled or party refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original pakcage so as to change its cu~vosition or alcoholic content while in the original package. Possession on the premises by the licensee of any wine in the orignal pakcage differin~ in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler frc~ whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. (j) No licensee or person ~mployed on the licensed premises shall apply for or possess a Federal ~holesale Liquor Dealer's special tax stamp or a federal gambling stamp. (k) No licensee shall keep ethyl alcohol or neutral spirits on the licensed premises or permit their use on the prem- ises as a beverage or mixed with a beverage except for beverages licensed hereunder. (1) The business records of the licensee, including federal and state tax returns, shall be available for inspection by the City Manger, or other duly authorized representa- tive of the City at all reasonable times. (m) No licensee shall knowingly permit the licensed premises or any rocm in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. (n) No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or appartus on the licensed premises; and he shall not permit any gambling therein. (o) A licensed restaurant shall be conducted in such a manner that eighty percent (80%) or more of the annual gross receipts for a licensee year is attributable to or derived from the serving of foods. A hotel shall be conducted in such a manner that, of thta part of the total annual gross receipts attributable to or derived from the serving of foods and wine, eighty percent (80%) or more of the annual gross receipts for a license year is the serving of foods. Shall hereafter read as follows, to-wit: 5.504 (10) On-sale wine licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions: (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 conspicious place in the licensed establishment at all times. (c) Any police officer, building inspector, or any ~ployee so designated by the City Manager, shall have the unqualified (d) right to enter, inspect, and search thelicensed premises without a warrant during normal business hours and two hours thereafter if persons are observed uon the licenses premises. 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 wine off-sale. (f) No license shall be effective beyond the space named in the license for which it was granted. (g) (h) (i) (k) No wine shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person undr 19 years of age, or to any person to whom sale is prohibited ty state law. (1) No person under 19 yers of age shall serve wine in any rooms constituting the place in which wine is sold at retail on sale. No person under 18 yers of age shall be employed in any rocks constituting the place in which wine is sold at retail "on-sale", except that persons under 18 yers of age may be employed s musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in roopms in which wine is sold at retail "on-sale". No licensee shall sell, offer for sale, or keep for sale, wine from any original package which has been refilled or party refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original pakcage so as to change its c~sition or alcoholic oontent while in the original package. Possession on the premises by the licensee of any wine in the orignal pakcage differing in ccmposition or alcoholic content in the liquor when received frcm the manufacturer or wholesaler frcm whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. No licensee or person employed on the licensed premises shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or a federal gambling stamp. No licensee shall keep ethyl alcohol or neutral spirits on the licensed premises or permit their use on the prem- ises as a beverage or mixed with a beverage except for beverages licensed hereunder. The business records of the licensee, including federal and state tax returns, shall be available for inspection by the City Manger, or other duly authorized r~presenta- tive of the City at all reasonable t~es. (m) No licensee shall knowingly peri, it the licensed praises or any r~x~m in those praises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. (n) No licensee shall keep, possess, or cperate or pem~it the keeping, possession, or operation of any slot machine, dice, or any gambling device or appartus on the licensed praises; and he shall not permit any gambling therein. Provided, however, that charitable gambling and charitable gambling devices shall be permitted only to the extent specifically authorized by resolution of the Council. (o) A licensed restaurant shall be conducted in such a manner that eighty percent (80%) or ~re of the annual gross receipts for a licensee year is attributable to or derived fr~ the serving of foods. A hotel shall be conducted in such a manner that, of thta part of the total annual Gross receipts attributable to or derived fr~ the serving of foods and wine, eighty percent (80%) or m~re of the annual gross receipts for a license year is the serving ~f foods. Section 4: This ordinance shall be in full force and effect fr(x~ and after thirty (30) days after its passage. First reading: Second reading: Date of passage: February 10, February 24, February 24, 1986 ~ ]986 1986 , Mayor Offered by: Carl son SeCOnded by: Peterson ~_A1 call: A11 ayes nne Student, C0u~cll Secretary