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HomeMy WebLinkAboutOrdinance 1029"-" ORDINANCE NO. 1029 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE 1977, PERTAINING TO LIQUOR LICENSING OF BOWLING ALLEYS The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.503(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 5.5o3(1) Definitions shall be as follows: (a) The term intoxicating liquor shall mean and include ethyl alcohol and include distilled, fermented, spiritous, vinous, and malt beverages containing in excess of 3.2% of alcohol by weight. The terms sale and sell mean and include all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law and also include the usual meaning of terms. (c) The term on-sale means the sale of intoxicating liquor by the glass or by the drink for consumption on the premises only. (d) The term off-sale means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold. (e) The terms package or original package means any corked or sealed container or receptacle holding intoxicating liquors. (f) The term hotel means and includes any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than one hundred (100) guest rooms with bedding and other usual suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than one hundred (100) guests at one time, where the general public are, in consideration of payment thereof, served with meals at tables. (g) The term restaurant means any establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staffto provide the ugugal and suitable service to its guest. Such establishment shall have facilities for seating not less than one hundred fifty (150) guests at one time. At least forty percent (40%) of the annual receipts of the establishment must result from the sale of food. (h) The Twin City Metropolitan Area is defined as being comprised of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties. (i) The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bon fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of ten percent (10%) or less in any corporation holding a license. A person who receives moneys from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. Is herewith amended to read as follows, to-wit: .5030) Definitions shall be as follows: (a) The term intoxicating liquor shall mean and include ethyl alcohol and include distilled, fermented, spiritous, vinous, and malt beverages containing in excess of 3.2% of alcohol by weight. (b) The terms sale and sell mean and include all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law and also include the usual meaning of terms. (c) The term on-sale means the sale of intoxicating liquor by the glass or by the drink for consumption on the premises only. (d) The term off-sale means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold. (e) The terms package or original package means any corked or sealed container or receptacle holding intoxicating liquors. The term hotel means and includes any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than one hundred (100) guest rooms with bedding and other usual suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than one hundred (100) guests at one time, where the general public are, in consideration of payment thereof, served with meals at tables. (g)(i) The term restaurant means any establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests. Such establishment shall have facilities for seating not less than one hundred fifty (150) guests at one time. At least forty percent (40%) of the annual receipts of the establishment must result from the sale of food. (ii) Any bowling alley with not less than fifteen (15) lanes and with appropriate facilities for the serving of food to not less than thirty (30) persons. Such establishment may include bowling receipts with food receipts for purposes of calculating the sixty percent (60%) food receipt requirement of Section 5.503(11)(p) and may include the area of its bowling lanes in the minimum dining area requirement for purposes of Section 5.503(10)(c). The Twin City Metropolitan Area is defined as being comprised of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties. (i) The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management, or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of ten percent (10%) or less in any corporation holding a license. A person who receives moneys from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. Section 2: Section 5.503(11) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which 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) Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to cntcr, 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 intoxicating liquor off sale. (t) 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. No license shall apply for or possess a Federal Wholesale 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. (in) 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 representative of the City at all reasonable times. (n) Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws or partnership agreement, as the case may be, shall be submitted 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 this 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. (s) 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: 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. Co) 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 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 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. 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. 0) 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. No licensee shall apply for or possess a Federal Wholesale 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. (rn) 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 representative of the City at all reasonable times. (n) Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws or partnership agreement, as the case may be, shall be submitted 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 flvc 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 sate 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 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 from the serving of food and from bowling. (q) No licensee shall knowingly permit the licensed premises or nay room in those premises or any adjoining building directly or indirectly under this 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. (s) At the time of application for renewal of an applfcatfon for an on sale license, the applicant shall submit proof to the City that during the license year immediately preceding the year for which the applicatfon $~ made: 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 per- cent (60%) of the gross sales of the establishment for which the on sale license is to be issued was from bowl- ing receipts and the serving of food. Section 3: This ordinance Shall be in full force and effect from and ~fter thirty (30) days after its passage. First reading: Second reading: Date of passage: November 8, 1982 November 22, 1982 November 22, 11982 Offered by: Seconded by: Roll call: Hen.tges Hov 1 a nd Hovland, Hen. tges, Nawrocki--aye Norberg--nay Petkoff--absent Bruc~ Nawrocki, Mayor to the Council -8-