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HomeMy WebLinkAbout0110 ORDINANCE N0. 110 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF WINE AND PROVIDING A PENALTY FOR VIOLATION The City Council of the City of Lakeville ordains as follows: Section 1. Provisions of State Law Adopted. The provisions of Minnesota Statutes, Chapter 340, relating to the definition of terms, licensing, consumption, sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining ' to the retail sale, distribution; and consumption of intoxicating liquor insofar as they are applicable to wine licenses authorizing the sale of wine not exceeding 14 percent alcohol by volume for con- sumption on the licensed premises only, in conjunction with the sale of food, are adopted and made a part of this ordinance as if set out in full. Section 2. Wine Licenses. No person, except a wholesaler or manufacturer to the extent authorized under state license, and the municipal liquor dispensary, shall directly or indirectly deal in, sell, or keep for sale in the city any wine not exceeding 14 percent alcohol by volume without an on-sale wine license except that a holder of an "on-sale" or "special club" license shall not be required to obtain an additional license under this ordinance. An on-sale wine license authorizes the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. An on-sale wine license may be issued only to a restaurant having facilities for seating not fewer than 25 guests at one time. For purposes of this ordinance, a restaurant means an establishment, under the control of a single proprietor or manager, having appropriate facilities for serving 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. Section 3. Application for License. Subdivision 1. Form. Every application for on-sale wine license shall state the name of the applicant, his age, representations as to his character, with such references as the council may require, his citizenship, the restaurant in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the restaurant, how long he has been in the restaurant business at that place, and such other information as the council may require from time to time. In addition to containing such information, the application shall be in the form prescribed by the liquor control director and shall be verified and filed with the city clerk. No person shall make a false statement in an application. Subdivision 2. Bond. Each application for a license shall be accompanied by a surety bond or, in lieu thereof, cash or United States Government bonds of equivalent market value as provided in Minnesota Statutes, Section 340.12. Such surety bond or other security shall be in the sum of $5,000.00 for an applicant for an "on-sale" wine license. Subdivision 3. Liability insurance. Prior to the issuance of a wine license, the applicant shall file with the city clerk a liability insurance policy in the amount of $10,000.00 coverage for one person and $20,000.00 coverage for more than one person and shall comply with the provisions of Minnesota Statutes, Section 340.12 relating to liability insurance policies. If a liability insurance policy is made subject to all the conditions of a bond under that statute, the policy may be accepted by the council in lieu of the bond required under Subdivision 2. -2- Subdivision 4. Approval of security. The security offered under Subdivisions 2 and 3 shall be approved by the city council and the state liquor control director. Surety bonds and liability insurance policies shall be approved as to form by the city attorney. Operation of a licensed business without having on file with the city at all times effective security as required in Subdivisions 2 and 3 is a cause for revocation of the license. Section 4. License Fees. Subdivision 1. Amount. The annual fee for a wine license is $500.00 annually for a 7 day week. Subdivision 2. Payment. Each application for a wine license shall be accompanied by a receipt from the city for payment in full of the license fee. If an application for a license is rejected, the city shall refund the amount paid. Subdivision 3. Term; pro rata fee. Each license shall be issued for a period of one year except that if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of December. Subdivision 4. Refunds. No refund of any fee shall be made except as authorized by statute. Section 5. Granting of Licenses. Subdivision 1. Investigation and issuance. The city council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the council shall, in its discretion, grant or refuse the application. No wine license shall become effective until it, together with the security furnished by the applicant, has been approved by the state liquor control director. - 3- t Subdivision 2. Person and premises licensed; transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without city council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without prior council approval is a ground for revocation of the license. Section 6. Persons Ineligible for License. No wine license shall be granted to any person made ineligible for such a license by state law. No license shall be issued to an individual who is not a resident of the city. Section 7. Places Ineligible for License. Subdivision 1. General prohibition. No wine license shall be issued for any restaurant ineligible for such a license under state law. Subdivision 2. Delinquent taxes and charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the city are delinquent and unpaid. Section 8. Conditions of License. Subdivision 1. In general. Every license is subject to the conditions in the following subdivisions and all other provisions of this ordinance and any other applicable ordinance, state law or regulation. Subdivision 2. Licensee's responsibility. Every licensee is responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this ordinance and the law equally with the employee. -4- i Subdivision 3. Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee during busines hours without a warrant. Subdivision 4. Display during prohibited hours. No licensee shall display wine to the public during hours when the sale of wine is prohibited. Subdivision 5. Federal stamps. No licensee shall possess a federal wholesale liquor dealers special tax stamp or a federal gambling stamp. Section 9. Suspension and Revocation. The council may either suspend for not to exceed 60 days or revoke any on- sale wine license upon a finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes, Sections 15.0418 to 15.0426. Section 10. Penalty. Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500.00 or imprisonment for not more than 90 days. Section 11. Effective Date. This ordinance becomes effective upon its passage and publication according to law. Passed by the council this 6th day of September . 1977. E ward Mako, Mayor s c Patric McGarve , C er / -5- -) r e ao} uoge-)tldde we.] •1uawRed .Z uolslntpgnns 1, itma. A Tr -TNT mow DV a i1 11 i LaW enu I V J M:lz Legal Notice ORDINANCE NO. 110• CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE LICENSING AND REGUI.ATING THE SALE AND CONSUMPTION OF WINE AND PROVIDING A PENALTY FOR VIOLATION The City Council of the City of Lakeville ordains as follows: . • Section 1. Provisions of State Law Adopted. The • provisions of Minnesota Statutes. Chapter 340. relating to the definition of leans, licensing, con- sumption, sales, conditions of bunds of licensees. hours of sale, and all other matters pertaining to the retail sale. distribution; and consumption of iri- toxicatirn; liquor insofar as they are applicable to wine licenses authorizing the sale of wine not ex - cc( ding 14 percent alcohol by volume foe con- sumption on the licensed premises only, in con- junction with the sale of food. are adopted and made a part of this ordinance as if set out in full. Section 2. Wine Licenses. No person, except a wholesaler or manufacturer to the extent authorized under state license. and the municipal liquor dispensary. shall directly or indirectly deal in. sell. or keep for sale in the city any wine not ex- ceeding 14 percent alcohol by volume without an on -sale wine license except that a holder of an "on- MV1,rleI ..,i...... _-- . The Lakeville Times (Affidavit of Publication) Box K Lakeville, Mn. 55044 STATE OF MINNESOTA SS COUNTY OF DAKOTA ) t Rick Adelmann, being duly sworn, on oath says he is and during all times herein stated has been the publisher and printer of the newspaper known as THE LAKEVILLE TIMES and has full knowledge of the facts herein stated as follows: (1) 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. (2) Said newspaper is a weekly and is distributed at (east once each week. (3) Said newspaper has 50% of its news column devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and adver- tisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 240 copies regularly delivered to paying subscribers, has an average of at least 75% 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. (5) Said newspaper purports to serve the Village of Lakeville in the County of Dakota and it has its known office of issue in the City of Lakeville in said county, established and open during its regular business hours for the gather- ing of news, sale of advertisements and sale of subscriptions and maintained by the publisher or persons in his employ and subject to hs direction and control dur- ing all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at (east two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by publisher of said news- paper and sworn to before a notary public stating that the news- paper is a legal newspaper. (9) Said newspaper was on May 20, 1965 qualified as a medium of official and legal publication and has continually thereafter met the foregoing conditions. He further states on oath that the printed 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 each week p nC_ successive weeks that was first so published onrij the —2 t day of .4 t, t1' LAr\ 19 day of was thereafter printed and published cluding the c / day of on every ,19_ and that 16nay to and in - 19 7/and that the following is a printed copy of the lower case alphabet fromA to Z. both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to - wit: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me this `'—day of i9/77 2 'NOTARY Public, Dakota County, Mn. My Commission expires ^ariallMi4) M. NAEKEL _+-:r' -- NOTARY PUBLIC—MINNESOTA `.' DAKOTA COUNTY k MY COMMISSION EXPIRES FEB. 1I 1Y63