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ORDINANCE NO. 214
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3 OF THE
LAKEVILLE CITY CODE RELATING TO LIQUOR
The City Council of the City of Lakeville ordains as
follows:
Section 1. Title 3, Chapter 1 of the City Code is amended
to read as follows:
3-1-1: STATE LAW PROVISIONS ADOPTED: The provisions of Minnesota
Statutes, Chapter 340, with reference to the definition
of terms, application for license, granting of license, conditions
of license, restrictions on consumption, provisions on sales, condi-
tions of bonds of licenses, hours of sale, and all other matters
pertaining to the retail sale, distribution and consumption of
intoxicating liquor are hereby adopted and made a part of this
Chapter as if fully set out herein, except as hereinafter modified.
3-1-2: DEFINITIONS: For the purposes of this Chapter, the follow-
ing terms shall have the meanings given them herein:
RESTAUR- Any establishment other than a hotel, under the control
ANT: of a single proprietor or manager having appropriate
facilities for the serving of meals, and where, in consid-
eration 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, and the principal part of the business
of which is the service of foods. Such establishment
shall have facilities for seating not less than SO guests
at one time.
3-1-3: LICENSE REQUIRED: With the exception of the municipally
owned liquor stores and except as provided in M.S.A.
340.11, Subdivisions 2 and 1S, no person shall directly or indir-
ectly deal in, sell, keep for sale or deliver any intoxicating
liquor without first having received a license to do so as provided
in this Chapter; nor shall any private club or public place, directly
or indirectly or upon any pretense or by any device, allow the
consumption or display of intoxicating liquor or serve any liquid
for the purpose of mixing with intoxicating liquor without first
having obtained a license therefor from the City as provided in
this Chapter. Except as otherwise expressly provided herein, the
provisions of this Chapter regulating licensed establishments shall
also apply to municipally owned liquor establishments.
3-1-4: TYPES OF LICENSES:
A. "On-Sale" intoxicating liquor license shall be granted only
to hotels and restaurants for the sale of "on-sale" liquor.
1. Initial Investment Required: No on-sale licenses shall
be granted to any person who does not have invested or does
not propose to invest in the business, including but not limited
to all fees, site development, construction costs, utilities,
furnishings and fixtures, but exclusive of land costs, an amount
of at least $200,000 based upon 1982 construction costs. The
required amount shall be annually adjusted upward or downward
by the City Council to reflect changes in construction costs
as reflected in commonly accepted construction cost indexes.
In the case of multi-purpose buildings such as motels and hotels,
only that portion of the building directly attributable to
the preparation, handling, storing or serving of food and liquor
shall be considered in determining the value of the investment.
The Council may provide for an independent appraisal, at appli-
cant's expense, as an aid in determining the value of said
premises. In the event this requirement as to investment is
not complied with within one year from the date of issuance
of the license, the license may be revoked.
2. Renewal: The minimum investment for the renewal of licenses
issued prior to the effective date of this provision shall
be the investment required when the license was first issued
plus any subsequent investment voluntarily made.
3. Transfer: A licensee to whom an existing license is trans-
ferred in accordance with Section 3-2-6-4-B shall not be required
to increase the investment in the business beyond that required
when the license was first issued plus any subsequent investment
voluntarily made.
B. "Special Club Licenses": Special on-sale licenses shall be issued
only to clubs in accordance with the provisions of Minnesota
Statutes, Section 340.11, Subdivision 11.
C. "On-Sale Sunday Liquor Sale License": On-sale Sunday liquor
sale licenses may be issued to establishments holding an on-sale
liquor license or club license and which have facilities for
serving not less than fifty (50) guests at one time. Such license
shall permit the sale of liquor to be consumed on the premises
between the hours of ten o'clock (10:D0) a.m. and twelve o'clock
(12:00) midnight on Sundays in conjunction with the serving
of food. A separate application for such license shall be made
to the City in the same manner as applications for other licenses
to sell intoxicating liquor are made hereunder.
D. "Bottle Club License": Bottle club licenses may be issued to
bottle clubs and business establishments in accordance with
the provisions of Minnesota Statutes, Section 340.119 for the
consumption or display of intoxicating liquor or the serving
of any liquid for the purpose of mixing with intoxicating liquor.
This subsection shall not apply to any person or premises other-
wise licensed by the City for the sale of intoxicating liquor.
3-1-5: LICENSE APPLICATION:
3-1-5-1: CONTENTS OF INITIAL APPLICATION:
A. General: In addition to the information which may be required
by the forms of the Commissioner of Public Safety, the applica-
tion shall contain information required by this Section.
B. Nature of Application: The application shall state whether
the applicant is a natural person, corporation, partnership
or other form of organization.
1. Natural Person: If the applicant is a natural person, the
following information shall be furnished:
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• a. True name, place and date of birth, and street resi-
dence address of applicant.
b. Whether applicant has ever used or been known by a
name other than his true name and, if so, what was such name
or names, and information concerning dates and places where
used.
c. The name of the business if it is to be conducted
under a designation, name or style other than the full indivi-
dual name of the applicant.
d. Whether applicant is a registered voter, and if so,
where.
e. Street addresses at which applicant and present spouse
have lived during the preceding ten (10) years.
f. Kind, name and location of every business or occupation
applicant or present spouse has been engaged in during the
preceding ten (10) years.
g. Names and addresses of applicant's and spouse's employ-
ers and partners, if any, for the preceding ten (10) years.
h. Whether applicant or his spouse has ever been convicted
of any crime or violation of any City ordinance, other than
traffic. If so, the applicant shall furnish information as
to the time, place and offense for each conviction.
i. Whether applicant or his spouse has ever been engaged
as an employee or in operating a saloon, hotel, restaurant,
cafe, tavern or other business of a similar nature. If so,
the applicant shall furnish information as to the time, place
and length of time of such employment of operation.
j. Whether applicant has ever been in military service.
k. The name, address and business address of each person
who is engaged in Minnesota in the business of selling, manu-
facturing or distributing intoxicating liquor and who is nearer
of kin to the applicant or his spouse than second cousin, whether
of the whole or half blood, computed by the rules of civil
law, or who is a brother-in-law or sister-in-law of the appli-
cant or his spouse.
2. Partnership: If the applicant is a partnership, the names
and addresses of all partners and all information concerning
each partner as is required of a single applicant in subsection
B1 above. A managing partner, or partners, shall be designated.
The interest of each partner in the business shall be disclosed.
3. Corporation: If the applicant is a corporation or other
association, the following information shall be required:
a. Name and, if incorporated, the state of incorporation.
b. A true copy of the certificate of incorporation, arti-
cles of incorporation or association agreement and bylaws and,
if a foreign corporation, a certificate of authority as des-
cribed in Minnesota Statutes.
c. The name of the operating officer or proprietor or
other agent in charge of the premises to be licensed, giving
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all the information about said person as is required of a single
applicant in subsection B1 above. As used in this Ordinance,
the term "operating officer" shall mean the person responsible
for the day to day operating decisions of the licensed premises.
d. A list of all persons who, singly or together with
their spouse, or a parent, brother, sister or child of either
of them, own or control an interest in said corporation or
association in excess of five (5%) percent or who are officers
or directors of said corporation or association, together with
their addresses and all information as is required of a single
applicant in subsection B1 above.
4. Club: If an application is submitted by a club, whether
for an "on-sale" or "special club" license, the following infor-
mation shall be submitted in addition to that required by the
Commissioner of Public Safety, and by the prior subdivisions
hereof:
a. The purpose for which the club was originally organized
and for which it is now existing.
b. Date that club was first organized and place of such
organization.
c. The number of members.
d. The name of the operating officer, proprietor or other
person who shall be in charge of the licensed premises, together
with the same information concerning such person as is required
of a single applicant for an "on-sale" license as set forth
in subsection B1 above.
e. A sworn statement by a responsible individual having
personal knowledge of the facts shall be submitted with the
application verifying that the club meets all the requirements
of Minnesota Statutes, Section 340.07, Subdivision 15.
f. If an application is for a "club" license, the sworn
statement required by subsection B4e above shall include a
statement that the club meets all the requirements of Minnesota
Statutes, Section 340.11. In the event no person can make this
statement from personal knowledge of the facts, satisfactory
documentary proof may be submitted to satisfy this requirement.
C. Type: The application shall state the type of license the appli-
cant seeks.
D. Description of Premises.
1. Legal Description: The exact legal description of the premi-
ses to be licensed, together with a plot plan of the area for
which the license is sought showing dimensions, location of
buildings, street access, parking facilities and the locations
of and distances nearest church buildings and school grounds.
2. Street Address: The street address where the sale of intoxi-
cating liquors is to be conducted and identification of the
rooms including hotel rooms, if applicable, where liquor is
to be sold or consumed.
E. Federal Permit: Whether a permit from the Federal government
is required by the laws of the United States, whether or not
such permit has been issued, and if so required, in what name
issued and the nature of the permit.
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F. Financial and Interest Criteria:
1. Financial Interest: The names and addresses of all persons,
other than the applicant, who have any financial interest in
the business, buildings, premises, fixtures, furniture, stock
in trade; the nature of such interest, amount thereof, terms
for payment or other reimbursement. This shall include, but
not be limited to, any lessees, lessors, mortgagees, mortgagors,
lenders, lien holders, trustees, trustors and persons who have
co-signed notes or have otherwise loaned, pledged or extended
security for any indebtedness of the applicant.
2. Amount of Investment: The amount of the investment that
the applicant has in the business, building, premises, fixtures,
furniture and stock in trade, and proof of the source of such
money.
3. Value of Fixtures: The fair market value of the fixtures
and structures, exclusive of land, on the premises proposed
to be licensed.
G. References: The names, residences and business addresses of
three (3) persons, residents of the State of Minnesota, of good
moral character, not related to the applicant or financially
interested in the premises or business, who may be referred
to as to the applicant's character or, in the case where infor-
mation is required of an operating officer, the operating
officer's character.
H. Taxes: Whether or not all real estate taxes, assessments, or
other financial claim of the City, State or Federal government
for the business and premises to be licensed have been paid,
and if not paid, the years for which delinquent.
I. Plans of Premises: Whenever the application for a license to
sell intoxicating liquor, or for a transfer thereof, is for
premises either planned or under construction or undergoing
substantial alteration, the application shall be accompanied
by a set of preliminary plans showing the design of the proposed
premises to be licensed.
A detailed narrative description of the proposed business for
which the license is sought including, but not limited to:
type of clientele, type of entertainment (if any), type of
food menu (if any), fixtures.
K. Other Information Required: Such other information as the City
Council shall require.
3-1-5-2: RENEWAL APPLICATIONS:
A. License Period, Expiration: Each renewal license shall be issued
for a maximum period of one year. All licenses expire on
December 31 of each year.
B. Time of Making Application: Applications for the renewal of
an existing license shall be made at least sixty (60) days
prior to the date of the expiration of the license, and shall
state that everything in the prior applications remains true
and correct except as otherwise indicated. If, in the judgment
of the Council, good and sufficient cause is shown by any appli-
cant for his failure to file for a renewal within the time
period provided, the Council may, if the other provisions of
this Chapter are complied with, grant the application.
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• 3-1-5-3: EXECUTION OF APPLICATION: If the application is by a
natural person, it shall be signed and sworn to by such
person; if by a corporation, by an officer thereof; if by a partner-
ship, by one of the partners; if by an unincorporated association,
by the operating officer or managing officer thereof. If the appli-
cant is a partnership, the application, license and bond or insur-
ance policy shall be made and issued in the name of all partners.
It shall be unlawful to make any false statement in an application.
Applications shall be filed with the City Clerk.
3-1-6: GRANTING LICENSES:
3-1-6-1: INVESTIGATION: 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 criminal record check on the applicant.
The applicant shall further authorize the Police Department to
release information received 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 convic-
tion 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 Minnesota Statutes, Section 364.06;
C. The earliest date the applicant may reapply for a license;
and
D. That all competent evidence of rehabilitation will be considered
upon reapplication.
3-1-6-2: HEARING REQUIREMENTS:
A. Notice of Hearing: Upon receipt of the written report and recom-
mendation by the Police Department, and within twenty (20)
days thereafter, the Council shall instruct the Clerk to cause
to be published in the official newspaper ten (10) days in
advance, a notice of hearing to be held by the Council, setting
forth the date, time and place when the hearing will be held,
the name of the applicant, the premises where the business
is to be conducted, the nature of the business and such other
information as the Council may direct.
B. Conduct of Hearing: At the hearing, opportunity shall be given
to any person to be heard for or against the granting of the
license.
C. Hearing on Renewal Applications: No less than ten (10) nor
more than thirty (30) days after the date for submitting renewal
applications, the Council shall hold a public hearing. Notice
of the time and place of the meeting and the fact that renewal
applications will be considered shall be published in the
official newspaper ten (10) days in advance of the hearing.
Opportunity shall be given to any person to be heard for or
against the granting of a renewal license.
D. The cost of all hearings except uncontested, routine renewal
hearings shall be borne by the applicant.
3-1-6-3: GRANTING LICENSE; VOTE REQUIRED: After such investigation
and hearing, the Council shall grant or refuse the appli-
cation in its discretion. A three-fifths (3/5) vote of the Council
shall be required for the granting of a license.
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• 3-1-6-4: ISSUANCE; TRANSFER; BUILDINGS UNDER CONSTRUCTION:
A. Each license shall be issued to the applicant only.
B. Each license shall be issued only for the exact rooms and square
footage described in the application. No license may be trans-
ferred to another person or to another place without the approval
of the Council and without a new application having been filed.
C. Premises Under Construction: When a license is granted for
premises where the building is under construction or otherwise
not ready for occupancy, the Clerk shall not issue the license
until notified by the Building Inspector that the building
is ready for occupancy.
3-1-6-5: REPORT TO STATE: The Clerk shall, within ten (10) days
after the issuance of any license under this Chapter,
submit to the Commissioner of Public Safety the full name and add-
ress of each person granted a license, the true name, the effective
license date, and the date of expiration of the license. He shall
also submit to the Commissioner of Public Safety any change of
address, transfer, cancellation or revocation of any license by
the Council during the license period.
3-1-7: LICENSE FEES:
3-1-7-1: FEES ESTABLISHED:
A. Annual Fees: The annual fees for licenses shall be established
from time to time by Resolution of the City Council except
that the fees for 1982 shall be as follows:
Type of License Fee
On Sale $3,500.00
Special Club, Veterans and Fraternal
(Membership 200 or less) 300.00
(Membership 201 or more) 500.00
Special Club, Business 3,500.00
Bottle Club 300.00
Sunday Liquor 200.00
B. Prorated Fee: When an initial license application is made between
January 1st and June 30th, inclusive, the license fee shall
be the annual license fee. When an initial application is made
between July lst and December 31st, inclusive, the license
fee shall be one-half (Z) the annual license fee.
C. Investigation Fees; Investigation fees shall be as follows:
1. At the time of each original application for a license,
the applicant shall deposit $500.00 with the City for the inves-
tigation fee. If the investigation is conducted solely within
the State of Minnesota, the fee shall be $500.00. For investi-
gations conducted outside the State of Minnesota, the City
may recover the actual investigation costs. Any fees due in
excess of the $500.00 deposit must be paid prior to the license
hearing and before the City Council considers the application.
2. At any time an additional investigation is required because
of a change in the ownership of any license or control of a
corporate license or because of a transfer from place to place,
the licensee shall pay an additional investigation fee equal
to the amount of the cost of the investigation. The deposit
on the fee shall be $500.00.
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3. At any time that an additional investigation is required
because of an enlargement, substantial alteration which, in
the City's opinion, changes the character of the establishment,
or extension of premises previously licensed, the licensee
shall pay an additional investigation fee equal to the amount
of the cost of the investigation. The deposit on the fee shall
be $500.00.
3-1-7-2: PAYMENT OF FEES:
A. Annual Fees: The license fee for a new license shall be paid
in full before the application for the license is accepted.
The annual license fee for the renewal of an existing license
shall be paid one-half (Z) thereof at least sixty (60) days
prior to the expiration of the existing license and the other
one-half (Z) thereof on or before June 1 of the year for which
the license is issued. The first one-half (Z) of the license
fee must be paid in full before the application for the renewal
of an existing license is accepted. All fees shall be paid
into the General Fund of the City. Upon rejection of any appli-
cation for a license or upon withdrawal of an application before
approval of the issuance by the Council, the license fee shall
be refunded to the applicant except where rejection is for
a willful misstatement in the license application.
3-1-7-3: REFUNDS: No part of the fee paid for any license shall
be refunded except as authorized under Minnesota Statutes,
Section 340.112.
3-1-7-4: CHANGE OF OWNERSHIP; EXCEPTION: Where a new application
is filed as a result of incorporation by an existing
licensee and the ownership control and interest in the license
are unchanged, no additional investigation fee will be required.
3-1-8: CONDITIONS OF LICENSE:
3-1-8-1: COMPLIANCE WITH LAWS:
A. City and State Laws: Every license shall be granted subject
to the conditions of this Ordinance and of any other applicable
ordinance of the City and/or State law.
B. Consumption and Display: No person shall mix or prepare intoxi-
cating liquor for consumption in any public place not licensed
in accordance with the ordinances of the City and the laws
of the State of Minnesota.
C. Area of License: No license shall be effective beyond the areas
approved in the license for which it was granted.
3-1-8-2: LICENSE YEAR: All liquor licenses shall expire on December
31.
3-1-8-3: POSTING LICENSE: The license shall be posted in a conspicu-
ous place in the licensed establishment at all times.
3-1-8-4: RESPONSIBILITY OF LICENSEE; HOURS, ORDERLY CONDUCT: Every
licensee shall be responsible for the conduct of his
place of business including conduct and activity off the premises
attributable to the business.
3-1-8-5: HOURS OF OPERATION: The provisions of Minnesota Statutes,
Chapter 340, with reference to the hours of sale are
hereby adopted and made a part of this Chapter as if fully set
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• out herein. Persons other than employees of the licensee may not
be in the premises from thirty (30) minutes after the sale of non-
intoxicating malt liquor is prohibited until thirty (30) minutes
before the sale is permitted.
3-1-8-6: BEVERAGE RESTRICTIONS:
A. No intoxicating liquor shall be sold or furnished or delivered
to any obviously intoxicated person, to any known habitual
drunkard, to any minor, or to any person to whom sale is pro-
hibited by State law.
B. No person shall give, sell, procure or purchase intoxicating
liquor to or for any person to whom the sale of intoxicating
liquor is forbidden by law.
3-1-8-7: EMPLOYMENT OF MINORS: No person under 18 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 18 years of age may be employed as musicians
or to perform the duties of a busperson or dishwashing services
in places defined as a restaurant, hotel, motel or other multi-
purpose building serving food in rooms in which intoxicating liquors
are sold at retail "on sale."
3-1-8-8: OWNERSHIP OF EQUIPMENT: 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.
3-1-8-9: DISPLAY OF LIQUOR: No "on-sale" liquor establishment
shall display liquor to the public during hours when
the sale of liquor is prohibited.
3-1-8-10: PROHIBITED CONDITIONS:
A. Prostitution: No licensee shall knowingly permit the licensed
premises or any room in those premises or any adjoining building
directly under his control to be used by prostitutes.
B. Controlled Substances: No licensee shall knowingly permit the
sale, possession or consumption of controlled substances on
the licensed premises in violation of M.S. Chapter 152.
C. Gambling Prohibited: Gambling is prohibited unless licensed
in accordance with Title 3, Chapter 4 of the Lakeville City
Code.
3-1-8-11: RIGHT OF INSPECTION:
A. Premises: Any police officer, Building Inspector or any properly
designated officer or employee of the City shall have the unqual-
ified right to enter, inspect and search the premises of any
licensee hereunder at any time without a warrant.
B. Records: The business records of the licensee, including Federal
and State tax returns, shall be available for inspection by
the City at all reasonable times upon written request.
3-1-8-12: CONTINUED VALIDITY OF LICENSE:
A. The licensed premises must be operated and managed by the license
holder. The license holder may not allow a prospective or actual
buyer to manage or operate the premises until that person is
licensed.
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B. Licenses issued to corporations shall be valid only so long as
there is no change in the officers or ownership interest of
the corporation, unless such change is approved by the Council,
in which event said license shall continue in force until the
end of the then current license year.
C. Licenses issued to associations or partnerships shall be valid
only so long as there is no change in the partnership or associ-
ation agreement or in the ownership of said partnership or
association unless such change is approved by the Council,
in which event said license shall continue in force until the
end of the then current license year.
D. License holders shall submit written notice to the Clerk of
any such changes described herein on or before thirty (30)
days prior to the effective date of any such change. Notwith-
standing the definition of "interest" as given in this Chapter
in the case of a corporation, the licensee shall notify the
Clerk when a person not listed in the application acquires
an interest which, together with that of a spouse, parent,
brother, sister or child, exceeds five (5%) percent and shall
give all information about said person as is required of a
person pursuant to the provisions of this Chapter.
3-1-8-13: SPECIAL CONDITIONS: At the time a license or license
renewal is issued, the City may attach special conditions
to the license to protect the welfare of the community. Violation
of any of the conditions shall be grounds for revocation of the
license.
3-1-9: SECURITY:
3-1-9-1: BONDS, INSURANCE OR DEPOSIT REQUIRED: At the time of
filing any application for any type of liquor license,
the applicant shall file a bond with corporate surety, cash or
United States government bonds which shall be deposited with the
Clerk. Such bond, cash or government bonds shall be in the amount
of Five Thousand ($5,000.00) Dollars for an "on-sale" license.
The surety bonds required herein shall be subject to the approval
of the Council.
3-1-9-2: SURETY OR INSURANCE COMPANIES: The surety on such bond
shall be a surety company duly licensed to do business
in the State of Minnesota, and the bond shall run to the City and
be approved as to form and execution by the City Attorney. All
surety bonds when approved by the proper City or State officers
shall be deposited with the Clerk.
3-1-9-3: TERMS OF BOND: All such bonds shall be conditioned as
provided in Minnesota Statutes, Section 340.12, and shall
be for the benefit of those persons described in the statute.
3-1-9-4: PROCEDURE FOR USE OF CASH OR GOVERNMENT BONDS:
A. If cash is used as security, it shall be deposited with the
Clerk and the deposit of such cash shall be accompanied by
a written agreement and assignment upon the part of the appli-
cant in form approved by the Attorney, wherein the applicant
assigns such deposit to the City to be held by the Clerk subject
to the conditions, forfeitures and penalties required by the
laws of the State of Minnesota and this Section, for the period
of the license in connection with which such deposit is made,
and for three (3) years thereafter, at which time such deposit
may be returned, with the approval of the Council, by the Clerk
to the licensee.
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B. If United States bonds are used as security, they shall be
deposited with the Clerk and such bonds shall be accompanied
by a properly executed assignment in form approved by the
Attorney, assigning such government bonds to the City, to be
held subject to the conditions, forfeitures and penalties pro-
vided by the laws of the State of Minnesota and this Section.
Such assignment shall also contain a stipulation and agreement
that such bonds shall remain with the Clerk subject to the
terms and conditions of such assignment and State laws, during
the term of the license in connection with which such government
bonds are deposited, and for three (3) years thereafter, at
which time such government bonds may, with the approval of
the Council, be returned by the Clerk to the licensee. While
on deposit, the licensee shall be permitted to clip and take
away all interest-bearing coupons that are attached to said
bonds as they become due.
C. An affidavit is required for return of United States bonds
or cash. Upon application for return of United States government
bonds or cash as provided for in this Section, the licensee
shall file with the Clerk an affidavit stating that no action
or proceeding has been commenced in any court for the forfeiture
of such bonds or deposit, or for damages to any person under
the terms and conditions thereof, and that the licensee has
no knowledge of any existing claim or cause of action under
the terms and conditions of the assignment and agreement relating
to such government bonds or cash deposit.
3-1-9-5: All applicants for any type of liquor license to be issued .
or renewed after March 1, 1983 must as a condition to
the issuance of the license, demonstrate financial responsibility
with regard to liability imposed by Minn. Stat. Section 340.95,
to the City and the Commissioner of the Minnesota Department of
Public Safety. Proof of financial responsibility may be given by
filing one of the following:
A. A certificate that there is in effect an insurance policy or
pool providing the following minimum coverages:
1. $50,000 because of bodily injury to any one person in any
one occurrence and, subject to the limit for one person, in
the amount of $100,000 because of bodily injury to two or more
persons in any one occurrence, and in the amount of $10,000
because of injury to or destruction of property of others in
any one occurrence.
2. $50,000 for loss of means of support of any one person
in any one occurrence, and, subject to the limit for one person
$100,000 for loss of means of support of two or more persons
in any one occurrence; or
B. A bond of a surety company with the minimum coverages as provided
in clause A; or
C. R certificate of the state treasurer that the licensee has
deposited with him $100,000 in cash or securities which may
legally be purchased by savings banks or for trust funds having
a market value of $100,000.
If the insurance or other evidence of financial responsibility
lapses during the terms of any on-sale or off-sale liquor license
issued under this Chapter, then such lapse shall act as an automatic
suspension of the license issued hereunder. Notice of cancellation
of a liquor liability insurance policy shall serve as notice to
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the licensee of the impending suspension. If evidence of compliance
with the financial responsibility requirement is not presented
to the City Clerk or other licensing authority before the termina-
tion is effective, the license shall be deemed suspended immediately
upon lapse.
3-1-10: PUBLIC CHARACTER OF LIQUOR SALES: No sales of intoxicating
liquor shall be made to or in guest rooms of hotels unless
the rules of such hotel provide for the service of meals in guest
rooms; nor unless the sale of such intoxicating liquor is made
in the manner "on sales" are required to be made; nor unless such
sale accompanies and is incidental to the regular service of meals
to guests therein; nor unless the rules of such hotel and the des-
cription, location and number of such guest rooms are fully set
out in the application for a license.
3-1-11: PERSONS INELIGIBLE FOR LICENSE:
A. State Law: No license shall be granted to or held by any person
made ineligible for such a license by State law.
B. Multiple Interest: No license shall be granted to a person
who is directly or indirectly interested in any other establish-
ment in the City to which a license has been issued under this
Chapter. No person shall own an interest, as defined in this
Chapter, in more than one establishment or business for which
a license has been granted in this City under this Chapter.
C. Manager Required: No license shall be granted to a corporation
that does not have an operating officer who is eligible pursuant
to the provisions of this Chapter.
D. Real Party in Interest: No license shall be granted to a person
who is the spouse of a person ineligible for a license pursuant
to the provisions of subsections A and B of this Section or
who, in the judgment of the Council, is not the real party
in interest or beneficial owner of the business operated, or
to be operated, under the license.
E. Residency Requirements; Renewal: A license will not be renewed
if, in the case of an individual, the licensee is not a resident
of the State of Minnesota at the time of the date for renewal;
if, in the case of a partnership, the managing partner is not
a resident of the state at the time of the renewal; or in the
case of a corporation, if the operating officer is not a resi-
dent of the state at the time of the date of renewal. The time
for establishing residency within the state may, for good cause,
be extended by the Council.
F. "Interest" Defined: 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 five (5%)
percent or less in any corporation holding a City liquor license.
A person who receives monies from time to time directly or
indirectly from a licensee in the absence of a bona fide consid-
eration 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 the payment
- 12 -
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.
G. No license shall be granted or renewed for operation on any
premises on which real estate taxes, assessments, or other
financial claims of the City or of the State are due, delin-
quent, or unpaid. If an action has been commenced pursuant
to the provisions of Chapter 278 Minn. Stat. questioning the
amount or validity of taxes, the Council may on application
by the licensee waive strict compliance with this provision;
no waiver may be granted, however, for taxes or any portion
thereof, which remain unpaid for a period exceeding one year
after becoming due unless such one-year period is extended
through no fault of the licensee.
3-1-12: RESTRICTIONS INVOLVING MINORS:
3-1-12-1: PROHIBITED ACTS:
A. No Sale to Minors: No licensee, his agent or employee shall
serve or dispense upon the licensed premises any intoxicating
liquor or nonintoxicating malt liquors to a person under the
legal drinking age; nor shall such licensee, or his agent or
employee, permit any such person to be furnished or consume any
such liquors on the licensed premises; nor shall such licensee,
his agent or employee, permit any such person to be delivered
any such liquors.
B. Delivery to Minors: No person under the legal drinking age
shall receive delivery of intoxicating liquor.
C. No person shall consume intoxicating liquor or have in his
possession any bottle or receptacle containing intoxicating
liquor which is open while in the parking area of any shopping
center or other commercial establishment.
3-1-12-2: MISREPRESENTING AGE: No minor shall misrepresent his
age for the purpose of obtaining intoxicating liquor
or nonintoxicating malt liquor, nor shall he enter any premises
licensed for the retail sale of intoxicating liquor or nonintoxicat-
ing malt liquor for the purpose of purchasing or having served
or delivered to him for consuming any such intoxicating liquor
or beer, nor shall any such person purchase, attempt to purchase,
consume or have another person purchase for him any intoxicating
liquor or beer.
3-1-12-3: IDENTIFICATION REQUIREMENTS:
A. Identification Required: Any person shall, upon demand of the
licensee, his employee or agent, produce and permit to be exam-
ined a current driver's license or nonqualification certificate
issued by the State Department of Public Safety. In the case
of a foreign national, a valid passport may be used as an alter-
native to the foregoing methods of identification.
B. Prima Facie Evidence: In every prosecution for a violation of
the provisions of this Section relating to the sale or furn-
ishing of intoxicating liquor or nonintoxicating malt beverages
to minors, and in every proceeding before the Council with
respect thereto, the fact that the minor involved has obtained
and presented to the licensee, his employee or agent, a driver's
license or passport, nonqualification certificate issued by
the Department of Public Safety, from which it appears that
- 13 -
'1 ,
said person was not a minor and was regularly issued such identi-
fication card, shall be prima facie evidence that the licen-
see, his agent or employee is not guilty of a violation of
such a provision and shall be conclusive evidence that a viola-
tion, if one has occurred, was not willful or intentional.
C. Identification Statement: Any person 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 licen-
see 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
nonintoxicating 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.
VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR PUNISHABLE
BY A FINE OF $500.00 CR 90 DAYS, OR BOTH.
;fiy age is Date of Birth
Place of Birth
My address is
Date Type of Identification,
i f 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.
- 14 -
. ' ~
• 3-1-13: CONSUMPTION IN PUBLIC: No intoxicating liquor shall be
sold or consumed on a public highway or street. No one
shall consume intoxicating liquor or have in his possession any
bottle or receptacle containing intoxicating liquor which is open
while in the parking area of any shopping center or other commercial
establishment.
3-1-14: REVOCATION OF LICENSE:
3-1-14-1: GROUNDS FOR REVOCATION: The Council may suspend or revoke
any license for the sale of intoxicating liquor for any
of the following reasons:
A. False or misleading statements made on a license application
or renewal, or failure to abide by the commitments, promises,
or representations made to the City Council.
B. Violation of any special conditions under which the license
was granted.
C. Violation of any provision of this Chapter.
D. Creation of a nuisance on the premises or in the surrounding
area.
E. Violation of any state or federal law regulating the sale of
intoxicating liquor or controlled substances.
3-1-14-2: INACTIVE LICENSE: The City Council may revoke the liquor
license of any establishment granted a license that is
not under construction and exhibiting satisfactory progress toward
completion within six months from its issuance, or any establishment
that ceases operation for a period of six months. A hearing shall
be held to determine what progress has been made toward opening
or reopening the establishment, and if satisfactory progress is
not demonstrated, the Council may revoke the license.
3-1-14-3: HEARING; NOTICE: Revocation or suspension of a liquor
license by the Council shall be preceded by a public
hearing conducted in accordance with M.S. 15.0418 to 15.0426. The
City Council may appoint a hearing examiner or may conduct a hearing
itself. The hearing notice shall give at least ten (10) days' notice
of the time and place of the hearing and shall state the nature
of the charges against the licensee.
3-1-15: BUILDING CHANGES; REPORT REQUIRED: Proposed enlargement,
substantial alteration which, in the City's opinion,
changes the character of the establishment or extension of premises
previously licensed shall be reported to the Clerk at or before
the time application is made for a building permit for any such
change. The enlargement, substantial alteration or extension shall
not be allowed unless the Council approves an amendment to the
liquor license.
Section 2. This Ordinance shall be effective immediately
upon its passage and publication.
Adopted this 6th day of December 1982.
CITY OF LAKEVILLE
Robert C. ensen, Mayor
ATTEST•
Patrick E. McGarvey, City lerk
artoar u c NO 2141
CFY OF I.AKEVILLE
secinity, they shall be deposited with the
Clerk and such bonds shall be accompanied
bY::aproce0 rh aaitinzn erm
A. No Sale to Minors: No i his
agent or employee shall serve or dispense
upon the licensed premises.inny intoxicating
liquor or no toxicating malt liquors to a .
person un legal drinking age; nor
shall such'! , or his agent or employee,
} permit any such person to be furnished or
consume any such liquors on the licensed
premises; norshall such licensee, his agent .!
or employee,' permit'ilnysuch person to be
debvered any such liquors
>
_ B. Delivery'to Minors:No person under.
thelegal drinking age shall receive delivery
intoxicating liquor, ;:
C. No person shall consume intoxicating 11-
quor or have in his possession any bottle or,
receptacle containing 'intoxicating liquor:
Which is open while in the parking area of
any shopping center or other commercial
establishment. IA •" -._ 2-
34-12-2:
34-12-2: MISREPRESENTING AGE: No
minor shall misrepresent his age for the pur-
pose • ot- obtalning,.lntoxicating liquor or
nonintoaicat ng ',malt liquor, nor shall he
enter any premises licensed for the retail
sale of intoxicating liquor or nonintoxicating
malt liquor tar the of purchasing or
having served or ivered to him for cwt=:
Butting any such intoxicating liquor or beer,
8981141049118,;80,b8811 tteinPt
aoltpartdtese tar'
�
A." Identification Required: Any person
Oha8; upon demand of the licensee, his
-wattp_t=
orfnthe surronnding area. +si+
E., Violation et any state or federal law
rte,..,
f controlled si
lOgrr
e 3-144-2:. INACrWE:LICENSE:::The City
O Council may revoke the liquorlicense of any
establishment granted a license that is not
tunder construction and exhibiting satisfac-
tory progress toward completion within six
€ months from its issuance,or any establish-
! mentat ceases operation for a period of six
4 months. &hearing shall be held to determine
what progress has been made toward open-
ing or reopening the establishment, and if
satisfactory progress is not demonstrated,
1 ! the Council may revoke the license.
I 3-1-14-3: DARING; NOTICE: Revocation
1or suspension of a liquor license by the Coun-
cil shall be preceded by a public hearing con-
' ducted in accordance with M.S. 15.0418 to
15.0426. The City Council may appoint a
hearing examiner or may conduct a hearing
itself. The hearing notice shall give 'at.least
ten (10) days' notice of the time and place of
the hearing and shall state the nature of the
charges against the licensee.
3-1-15: BUILDING CHANGES; REPORT
REQUIRED: Proposed enlargement,
substantial alteration which, in the City's
opinion, changes the character of the
establishment or :!extension of premises
previously licensed shall be reported to the
Clerk at of before the time application is
made for a building permit for any such
change. The enlargement,. substantial
1 alteration or extension shall not be allowed
unless the Council approves an amendment
.d to theRquor license. •
Section 2. This Ordinance shall be effective
NI • immediately upon its passage and publica-
tion
AdoSted this 8th day of December, 1982.
City of Lakeville
BY:. ROBERT C. JENSEN
Mayor
ATTESTPi :
PATRICK E. McGARVEY
City Clerk
234
.... .
'rT'-Gi _. ►Sl �-ter —':.
(Z 'aaQ gBnonp)
NiOISIAIQ I S,NHLIWOM
AFFIDAVIT PUBLICATION
STATE OF MINNESOTA ) ss
County of Dakota )
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 newspaper 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 publication and is not made up en-
tirely 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 advertisements and sale of subscriptions and
maintained by the managing officer of said newspaper or persons in it's employ and subject to their
direction and control during all such regular business 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 affidavit in the form prescribed by the Secretory of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating
that the newspaper is a legal newspaper.
They further state 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
succossi a works; that it was first so published on Thursday, the _112_41s,day of
�eC ,b&C19nd was thereafter printed and published on every Thursday 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 acknowledged as be-
ing the size and kind of type used in the composition and publication of said notice, to wit;
abcdefghi jklm nopgrstuvwxyz
fd/itiW1
/i
Subscribed and
sworn to before me this 'y_�S t� day o
•,;ia»yy CAROL J. HAVERLAN
,}„►:6 NOTARY PUBLIC - MINNESOT
DAKOTA COUNTY
My Commission Expires Dec. 3, 1989
4 R.
19