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