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Home My WebLink About0147 ORDINANCE NO. 147 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE N0. 73, AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR, PROVIDING A PENALTY FOR VIOLATION The City Council of the City of Lakeville does ordain as follows: Section 1. That Ordinance No. 73 be amended by amending Section 2, Subdivision 1 to read as follows: The annual fees for licenses shall be as follows: Type of License Amount of License On Sale $$,000.00 Special Club 100.00 Bottle Club 300.00 Sunday Liquor 200.00 Section 2. That Ordinance No. 73 be amended by amending Section 4, Subdivision 1 to read as follows: "On Sale". Licenses for the sale of liquor to be consumed on the premises shall be apportioned among hotels, clubs, restaurants or separate, exclusive liquor stores whose fixture and structures, exclusive of land, have the following minimum fair market value: $400,000.00 and has a restaurant seating capacity for 250 persons. Section 3. That Ordinance No. 73 be amended by deleting Section 5, Subdivision 5. Section 4. That Ordinance No. 73 be amended by amending Section 14, Subdivision 1 to read as follows: At the time of making application, the applicant shall, in writing, authorize the Lakeville Police Department to investigate all facts set out in the application and do a personal background and felony criminal record check on the applicant. The applicant shall further authorize the Lakeville Police Department to release information re- ceived from such investigation to the City Council. Should the City Council deny the applicant's request for a license due, partially or solely, to the applicant's prior conviction of a crime, the City Council shall notify the applicant in writing of the following information; A. The grounds and reasons for the denial; B. The applicable complaint and grievance procedure as set forth in M.S.A. X364.06; C. The earliest date the applicant may re-apply for a license; and D. That all competent evidence of rehabilitation will be considered upon re-application. Section 5. That Ordinance No. 73 be amended by amending Section 16, Subdivision 7 to read as follows: Identification Statement: Any person who may appear to the licensee, his employee or agent to be under 19 years of age and who does not have in his possession any identification certificate as above described, may sign and execute a statement in writing as follows: READ CAREFULLY BEFORE SIGNING The following are excerpts from section 340.731, Minnesota Statutes, Minors, Forbidden Acts or Statements: "It shall be unlawful for: Any person to misrepresent or misstate his or her age, or the age of any other person for the purpose of inducing any licensee or any employee of any Municipal liquor store to sell, serve or deliver any alcoholic beverage to a minor; A minor to have in his possession any intoxicating liquor with intent to consume same at a place other than the household of his parent or guardian." Section 340.035, Minnesota Statutes: "It shall be unlawful for any: Minor to misrepresent his age for the purpose of obtaining nonintoxi- cating malt liquor; Minor to have in his possession any nonintoxicating malt liquor with intent to consume same at a place other than the household of his parent or guardian." Any person who shall violate any of the foregoing provisions of law shall be punished accordingly. -2- VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR PUNISHABLE BY A FINE OF $500.00 OR 90 DAYS OR BOTH. My age is Date of Birth Place of Birth MY address is Date Type of Identification, if any Witness Signed The above form shall be furnished at the expense of all licensees desiring to use the same and when properly executed may be considered as evidence in any prosecution and by the Council in any proceeding before the Council or a committee thereof relating to the business or operations of the licensee. Such forms after execution shall be kept on file by the licensee for a period of one year. Section 6. That Ordinance No. 73 be amended to amend Section 23 to read as follows: Penalty. Every person convicted of a violation of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine up to $500.00 or imprisonment for a period not to exceed ninety (90) days, or both. Section 7• This ordinance shall be in full force and effect from and after its publication according to law. Adopted this 6th day of August 1979, CITY OF LAKEVILLE B _ ordon Lekso Mayor 1 ATT n ' if atrick E. McGarve City C rk -3- PUBLIC NOTICE ORDINANCE NO. 147 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE H0. 73, AN ORDINANCE UCENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR, PROVIDING A PENALTY FOR VIOLATION The City Council of the City of Lakeville does ordain as follows: Section 1. That Ordinance No. 73 be amend- ed by amending Section 2, Subdivision 1 to read as follows: The annual fees for licenses shall be as follows: Type of License Amount of License On Sale $5,000.00 Special Club 100.00 Bottle Club 300.00 Sunday Liquor 200.00 Section 2. That Ordinance No. 73 be amend- ed by amending Section 4, Subdivision 1 to read as follows: "On Sale". Licenses for the sale of liquor to be consumed on the premises shall be apportioned among hotels, clubs, restaurants or separate, exclusive liquor stores whose fixture and structures, ex- clusive of land, have the following minimum fair market value: $400,00000 and has a restaurant seating capacity for 250 persons. Section 3. That Ordinance No. 73 be amend- ed by deleting Section 5, Subdivision 5. - Sedion 4. That Ordinance No. 73 be amend- ed by amending Section 14, Subdivision 1 to read as follows: At the time of making application, the ap- plicant shall, in writing, authorize the Lakeville Police Department to in- vestigate all facts set out in the application and do a personal background and felony criminal record check on the applicant. The applicant shall further authorize the Lakeville Police Department to release in- formation received from such investiga- tion to the City Council. Should the City Council deny the applicant's request for a license due, partially or solely, to the ap- plicant's prior conviction of a crime, the City Council shall notify the applicant in writing of the following information: A. The grounds and reasons for the denial; B. The applicable complaint and grievance procedure as set forth in M.S.A. 1364.06; C. The earliest date the applicant may re - SJ UU1m ;eat{ s41115iu ,ftpsanz 'siiuf;SEH `ueuiva2uv /full s;y5iaH anoJH aanul `yaequaglorl BaRD `.uilsnV `LITD lad - 6leaH •uupao f `110.12U1jeW UOg `.ue2e3 'aog land tined 1S tpnos `uuetutio /Cell - E wall .uo0uiwatA `uosieJAI p!Aeu 'slOaj; anoJH aanul `uinleD Nam' 's5uilsUH `ueade7 aanJg - i; wall •ue�uN `uasJWj ifpueg `aagod uu5ea 'aadorgs `1liuu.ps uo3 'slOaN ammo Januj `Auzjagj!M Jaog - 1'jeaH : smojlo3 se aae aaejd mill Onoayl isJi3 saauuim leaq s,iti u &epuoj,I ano1D Januj `Naiapjads ueiag put suilstf `iiuig utU `.ljnewed `;wag a)iNI aJank .1013a0 ui `lg2iu Btpsan,j, saauu[m uo1lejosuo3 ''a11 A aiddV `ui1 -Janes laugaiyi put S1W t1 uouuuD `ueulaauluIlz ugof illna I Z `salg ifJJaf :papnpui Xiang -aadsaa amid min of 1s.uj ;g2Tu AtpuoW sJauuim uoi;ejosuo3 AFFIDAVI1 PUBLICATION STATE OF MINNESOTA ) County of Dakota ) SS JOSEPH R. CLAY and DANIEL H. CLAY, being duly sworn, on oath say they are and during all the times herein stated have been the publishers and printers of the news- paper known as Dakota County Tribune and have full knowledge of the facts herein stated as follows: Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. Said newspaper is a weekly and is distributed at least once each week. Said newspaper has 50 per cent of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publica- tion and is not made up entirely of patents, plate matter and advertisements. Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 per cent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. Said newspaper purports to serve the Cities in the County of Dakota and it has its known offices of issue in the Cities of Farmington, Rosemount, Burnsville, Apple Valley, and Lakeville established and open during its regular business hours for the gathering of news, sale of advertise- ments and sale of subscriptions and maintained by the managing officer of said news- paper or persons in it's employ and subject to their direction and control during all such regular bbsiness hours and at which said newspaper is printed. Said newspaper files a copy of each issue immediately with the State Historical Society. Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affi- davit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the news- paper is a legal newspaper. They further state on oath that the printed E"\ CSX hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once chetch=sinteic for sucEesswe-weeks; that it was first so published c. on Thursday, the day of Lk -St 197 i and was thereafter printed and published on every Thur y to and including Thursday the day of 19 __ ___ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby ac- knowledged as being the size and kind of type used in the composition and publication of said notice, to wit; /, Subscribed and sworn to before me this _ _ t'\ abc def ghij klmnopgrstuvwxyz 41111116. CAROL J. HAVERLAND AroII • NOTARY PUBLIC - MINNESOTA sit DAKOTA COUNTY A,1 My Commission Expires Dec. 3, 1982 ♦e