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HomeMy WebLinkAbout0073 ~ , ~ T' CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF .INTOXICATING LIQUOR, PROVIDING A PENALTX FOR VIOLATION IN THE CITY OF LAKEVILLE, DAKOTA COUNTY, MINNESOTA,-AND REPEALING CERTAIN INCONSISTENT CITY ORDINANCES. The City Council of the City. of Lakeville does ordain as follows: " Section 1. Provisions of State Law Adopted. .The pro- visions 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, conditions 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 section as if fully set out herein, except as modified herein. Section 2. License Fees. Subdivision 1. The annual fee for licenses shall be as follows: Type of License Amount of License On-Sale $7,500.00 Special Club $ 100.00 Bottle Club $ 300.00 Sunday Liquor $ 200.00 Subdivision 2. When an initial license application is made between January and June 30, inclusive, the license fee shall be the annual license fee. When an initial application is made + q'. ~ • r. ,'between July ~.iand December 31, inclusive, the license fee shall be one-half the annual license fee. Subdivision 3. Investigation. fees shall be as follows: ~ , • , _._,._w_. _ Type of Investigation Amount of Fee Single natural person $ 75.00 Partnership $ 150.00 Corporation, Other $ 300.00 Change in Ownership $ 50.00 Section 3. License Required. No person, except whole- salers or manufacturers to the extent authorized under State License, shall directly or indirectly deal in, sell, keep for sale, or deliver any intoxicating liquor without first having received a license to do so as: provided in this section. Section 4. .Types of Licenses. Subdivision 1. "On Sale". Licenses for the sale of liquor to be consumed on the premises shall be apportioned among -la- e. • ~ _ : _ _ . _ _ _ . hotels, clubs., restaurants or separate, exclusive liquor stores whose .fixtures and structures,. exclusive of land, have the following mini- mum fair market value: $250,000.00 and has a restaurant seating capacity for 250 persons. Subdivision 2. "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 6. Subdivision 3. "On Sale Sunday Liquor Sale License". On sale Sunday Liquor Sale Licenses may be issued to establishments holding an on sale liquor license hereunder and which are "hotels" or "restaurants" as hereinafter defined and which have facilities for serving not less than 30 quests at one time. Such license shall permit the sale of liquor to be consumed on the premises between the hours of 12 o'clock noon and 12 o'clock midnight on Sundays in con- . junction with the serving of food, but no liquor shall be served on Sundays other. than to persons who are seated at tables. 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. Section 5. Places Ineligible for License.. Subdivision 1. Delinquent Taxes.. No license shall be granted, or renewed, for operation of any premises on which taxes, assessments or other financial claims of the City .are delinquent and unpaid, Subdivision 2. Owners. No license shall be issued for the premises owned by a person to whom a license may not be granted under this section, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.40. Subdivision 3. Common Entrance. No license shall be granted for any place which has a common entrance or exit between _2_ any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. Section 6. Persons Ineligible for License. Subdivision 1. State Law. Ido license shall be granted to or held by any person made ineligible for such a license by state law. Subdivision 2. Multiple Interest. No license shall be granted to a person who is directly or indirectly interested in any other establishment in the City of Lakeville to which an on sale license has been issued under this section. No person shall own an interest, as defined in this ordinance in more than one establishment or business for which an on sale license has been granted. Subdivision 3. Manager Required. No license-shall be granted to a corporation that does not have a manager who in eligible pursuant to the provisions of this section. Subdivision 4. Real Party in Interest. No license shall be granted to a oerson who is the spouse of a person ineligible for a license pursuant to the provisions of Subdivisions 1 and 2 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. Subdivision 5. Residency Required--Renewal. An on sale license will not be renewed if, in the case of an individual, the licensee is not a resident of the City at the time of the date for renewal; if, in the case of a partnership, the managing partner is not a resident of the City at the time of the renewal; or in the case of a corporation, if the manager is not :a resident of the City at the time of the date of renewal. The time for establishing re- sidency within the City may, for good cause, be extended by the Council. -3- Subdivision 6. "Interest" Defined. The term "interest" as used in this section includes any pecuniary interest in the owner- ship, operation, management or profits of a retail liquor establish- . ment, 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 (10~) percent or less in any corporation holding a license. A person who receives monies 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 the pay- ment 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 7. Conditions of License. Subdivision 1. Every license shall be granted sub- ject to the conditions of this section and of any other applicable ordinance of the City or State Law. Subdivision '2. Posting of License. The license shall be posted in a conspicuous place in the licensed .establishment at all times. Subdivision 3. Closing Hours.. Every licensee shall be responsible for the conduct of his place of business and the en- forcement of the closing hours thereof required under the provisions of this section and the conditions of sobriety and order in the place of business and on the premises. Subdivision 4. Area of License. No license shall be effective beyond the areas named in the license for which it was granted, -4- ; Subdivision 5. Illegal Sales. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any minor, or to any person; to whom sale is prohibited by State Law. Subdivision 6. 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 or hotel or motel serving food in rooms i.n which intoxicating liquors are sold at retain "onrsale". Subdivision T. Gambling Devices. No licensee shall keep, possess, or operate or permit the keeping,. possession, or opera- . tion of any slop machine, dice, or any gambling device or apparatus on the licensed premises and he shall not permit any .gambling therein. Subdivision 8. Prostitution. Pdo licensee shall knowingly permit the licensed premises or any room in those premises or any adjoin- ing building directly under his control to be used as a resort for prostitutes. Subdivision 9. 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, Subdivision. 10. Right of Inspection. Any police officer, . building inspector, or any properly designated officer or employee of the City shall have the unqualified right to enter, inspect, and search the prerises of any licensee hereunder at any time without a warrant, Subdivision 11. Original Package. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in 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 -5- package. Possession on the premises by the licensee of any intoxicat- ing liquor in the original package differing in composition or alco- holic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence. that the contents of the original package have been diluted, changed or tampered with. Subdivision 12. Display of Liquor. No "on sale" liquor establishment shall display liquor to the public during hours when the sale of liquor is prohibited by this section. Subdivision 13. Federal Tax Stamps. No licensee shall apply for or possess a Federal Wholesale Liquor Dealers special tax stamp or a Federal gambling stamp. Subdivision 14. Neutral Spirits. No licensee shall keep ethyl alcohol or neutral spirits on any licensed premises or permit their use on the premises as a beverage or mixed, with a beverage. Subdivision 15. Records--Inspection. The business records of the licensee, including Federal and State tax returns,. shall be available for inspection by the duly authorized represen- tative of the Council at all reasonable times. Subiivision 16. Licenses--Corporations. Licenses issued to corporations shall be valid only so long as there is no change in the officers, charter, articles, by-laws or ownership 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. Licenses issued to associations or partnerships shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the Coun- cif in which event said license shall continue in force until the end of the then current license year. Corporations, partnerships or associations holding licenses shall submit written notice to the _6- _ _ _ _ _ _ Clerk of any such changes described herein on or before thirty (30) days prior to the effective date of any such change. Notwithstanding the definition of interest as given in Section 6, Subdivision. 6 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 (Sg) percent and shall give all information about said person as is required of a person pursuant to the provisions of this ordinance. i7 Subdivision ~fT. Political Contributions. At the time a licensee submits his application for renewal of a license, he shall state the nature or amount of any contribution he has made for municipal campaign or political purpose within the last seven (7) years, the person to whom the contribution was made, and the person or organiza- tion for whom intended. Section 8. License Fees--Payment. Subdivision 1. 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 thereof at least sixty (60) days prior to the expiration of the existing license and the other one- half thereof on or before June 1 of the year for which the license is issued. The first one-half 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 application 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 wilful rnisstatement in the. license application. Subdivision 2. Refunds. No part of the fee paid for any license shall be refunded except as authorized under i~iinnesota Statutes, Section 340.112. - Subd~_vision 3. Investigation--Fee. At the time of each original application for a license, except in the case of a special club license, the applicant shall pay the appropriate investi- gating fee fixed by Section 2 of this ordinance. No investigating fee shall be refunded. Subdivision 4. Additional Fee. At any time that an additional investigation is required because of a change in the owner- ship or control of a corporation or because of an enlargement, al- teration or extension of premises previously licensed, the licensee shall pay an additional minimum investigating fee in the amount fixed by Section 2 of this ordinance. Subdivision 5. 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 license fee will be required, Subdivision 6. Fee. The annual fee for 'an on sale Sunday liquor license is fixed by Section 2 of this ordinance. Section 9. Definitions. For purposes of this section, tha terms defined in this section have the meanings given them. Subdivision 1. "Hotel" means 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 ten (10) guest rooms with bedding and other usual suitable and necessary fur- nishings 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 suit- able 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 thirty (30) guests at one time, where .the general public is, in consideration of payment therefor, served with meals at tables. _8_ Subdivision 2. "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, and the principal part of the business of which is the serving of foods. Such establishment shall have facilities for seating not less than thirty (30) guests at one time. Section 10. Applications for License to be Verified. Every application for a license to sell intoxicating liquor shall be verified and filed with the Clerk. Section 11. Contents of Application.. Subdivision 1. General. In addition to the information which may be required by the forms required. by the State Liquor Control Commissioner, the application shall contain information re- quired by this subsection. Subdivision 2. Nature of Application. The application shall show whether the applicant is a natural person, corporation, partnership or other form of organization. Subdivision 3. Type. The application shall state the type. of license applicant seeks. Subdivision 4. Natural Person. If the applicant is a natural person, the following information shall be required: A. True name, place and date of birth, and street residence 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 concern- ing 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 individual name of the applicant; in such case a copy of the Certification, as -9- required by Chapter 333,. Minnesota Statutes, certified by the Clerk of the District Court, shall be attached to the application. D. LPhether applicant is married or single. If married, true name, place and date of birth and street residence address of applicant's present spouse. E. Whether applicant and present spouse are regis- tered voters, and if so, where. F. Street addresses at which applicant and present spouse have lived during the preceding ten (10) years. G. Kind,. name and location of every business or occupation applicant or present spouse-have been engaged in during the preceding ten (10) years. H. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten (10) years. I. Whether applicant or his spouse, or a parent, brother, sister;::or child of either of them has ever been convicted of any felony, crime, or violation of any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which con- victions were had.. J. Whether applicant or his spouse, or a parent, brother, sister or child of either of them 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, applicant shall furnish information as to the time, place and length of time of such employment or operation. -10- K. Whether applicant has ever been in military service. If so, applicant shall, upon request, exhibit copies of all discharges from such military service. L. The name, address and business address of each person who is engaged in Minnesota in the busi- ness of selling, manufacturing 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 applicant or his spouse. Subdivision 5. Partnership. If the applicant is a partnership, the names and addresses of all partners and all informa- Lion concerning each partner as is required of a single applicant in Subdivision 4 above, A managing partner, or partners, shall be desig- nated. The interest of each partner in the business shall be disclosed. If the partnership is required to file a certificate as to a trade name under the provisions of Chapter 333, Minnesota Statutes, a true copy of such certificate certified by the Clerk of District Court shall be attached to the application. Subdivision 6, Corporation.- If the applicant is a corporation or other association and is applying for an "on sale" license, the following: A. Name and if incorporated, the state of incorpora- tion. B. A true copy of Certificate of Incorporation, Articles of Incorporation, or Association Agreement and By-laws and, if a foreign corporation, a Certificate of Authority, as described in Chapter X303, Minnesota Statutes. -11- C. The name of the manager or proprietor. or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Subdivision 4 above. D. A list of all persons who, single or together with their spouse, or a parent, brother, sister or child of either of them, own or control an in- • terest in said corporation or association in excess of five (5~) percent or who are officers or dir- . ectors of said corporation or association together with their addresses and all information as is required of a single applicant in Subdivision 4 above. .Subdivision 7. Club.. If an application is submitted by a club, whether. for an "on sale" or "special club" license, the following information shall be submitted in addition to that required by the State Liquor Control Commissioner, and by the prior subdivisions hereof: A. The purpose for which the club was originally organized and =or which it is now existing.. B. Date that club was first organized and place of such organization. C. The number of members. p. The name of the manager, proprietor or other . person who shall be in charge of the licensed premises together with the same information con- cerning such person as is required of a single applicant for an "on sale" license as set forth in Subdivision 4 above. E. A sworn statement by a responsible individual hav- ing personal knowledge of the facts shall be sub- -12- mitted with the application verifying that the club meets all the requirements of Minnesota Statutes, Section 340.07, Subidivision 7, F. If an application is for a "special club" license, the sworn statement required by "E" above shall include a statement that the club meets all the requirements of Minnesota Statutes, Section 340.11, Subdivision 6. 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. Subdivision 8. Legal Description, The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions, location of buildings, street access, parking facilities and the locations of and distances nearest church building and school grounds. Subdivision 9. Street Address. The street number of where the sale of intoxicating liquors is to be conducted and the rooms where liquor is to be sold or consumed. An applicant for an "on sale" license shall submit a floorplan of the dining room or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. Subdivision 10. Federal Permit. If 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. Subdivision 11. Investment. `The amount of the invest- ment that the applicant has in the business, building, premises, fixtures, furniture, and stock in trade, and proof of the source of such money. -13- _ _ _ _ Subdivision 12. 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, lendors, lien holders, trustees, trustors and persons who have co- signed notes or otherwise loaned, pledged or extended security for any indebtedness of .the applicant. Subdivision 13. References. The names, residences and business addresses of three 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 information is required of a manager, the manager"s character. Subdivision 14. Taxes. Whether or not all real estate and personal property taxes for the premises to be licensed have been paid, and if not paid, the years for which delinquent. Subdivision 15. Plans. Whenever the application for an "on sale" 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 accom- . panied by a set of preliminary plans showing the design of the proposed premises to be licensed. .Subdivision 16. Value of Fixtures. The value of the. fixtures and structures, exclusive of land, on the premises proposed to be licensed. Subdivision 17. Such other information as the Council shall require. Section 12. P.enewal Applications. Subdivision 1. Date. 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 be made in -14- such abbreviated form as the Council may approve. If, in the judg- ment of the Council, good and sufficient cause is shown by any appli- cant for his failure to file for a renewal within the time prodded, the, Council may, if the other provisions of this ordinance are complied with, grant the application. Subdivision 2. Sales Information. At the earliest practicable time after application is made for a renewal of an "on- sale" license, and in any event prior to the time that the application is approved by the Council, the applicant .shall file with the Clerk a statement made by a certified public accountant that shows the total gross sales and the total liquor sales for the twelve-month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate of Authority. Section 13. 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 partnership, by one of the partners; if by an unincorporated association, by the manager ar managing officer thereof. If the applicant is a partner- - ship, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners. Section 14. Granting of Licenses. Subdivision 1. Investigation. All applications for a license shall be referred to the Police Department and to such other City Departments as the City Council shall deem necessary for verifi- cation and investigation of the facts set forth in the application. The Police shall cause to be made such investigation of the information requested in Section 11, Subdivision 4, as shall be necessary and shall include a list of all violations of Federal or State law or municipal. ordinance. The Council may order and conduct such additional investi- gation as it-shall deem necessary. Subdivision 2. Notice of Rearing. Upon receipt of the written report and recommendation by the Police Department and -15- _ _ _ within twenty (20) days thereafter, the Council shall instruct the Clerk to cause to be published in the official newspaper ten {ZO) days in advance, a notice of hearing to be held by the Council, setting forth the day, 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. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the Council shall grant or refuse the application in its discretion. Subdivision 3. Hearing. Not less than ten. (10) days nor more than fifteen (15) days after the date for submitting renewal applications, the Council shall hold a public hearing. Notice of the time and place of said 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. Subdivision 4. Vote Required. A four-fifths (4/5) vote of the Council shall be required for the granting of a license. Subdivision 5. Issuance--Transfer. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. ,No license may be transferred to another person or to another. place without the approval of the Council and without a new application having been filed. Subdivision 6. Report to State. The Clerk shall, within ten (10) days after the issuance of any license under this ordinance, submit to the Liquor Control Commissioner the full name and address 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 Liquor Control Commissioner any change . of address, transfer, cancellation or revocation of any license by the Council during the license period. -16- Subdivision 7. Premises Under Construction, tiJhere a license is granted for premises where .the building is under con- struction or otherwise not ready for occupancy, the Clerk shall not issue the license until notified by the Building Inspector, the building is ready for occupancy. Section 15. _Public Character of Liquor Sales. No sale 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 incident to the regular service of meals to guests therein; nor unless the rules of such hotel and the descrip- Lion, location and number of such quest rooms are fully set out in the application for a license, Section 16. Restrictions Involving Minors. Subdivision 1. No Sale to Minors. No licensee, his agent or employee shall serve or dispense upon the licensed premises any intoxicating liquor or non-intoxicating malt liquors to a minor; nor shall such licensee, or his. agent or employee, permit any minor to be furnished or consume any such liquors on the licensed premises; nor shall such licensee, his agent or employee, permit a minor to be delivered any such liquors. Subdivision 2. Misrepresenting loge, No minor shall misrepresent his age for the purpose of obtaining intoxicating liquor or non-intoxicating malt liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor or non-intoxicating 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. -17- _ Subdivision 3. Delivery, No minor shall receive delivery of intoxicating liquor. Subdivision 4. Inducing Purchase. No person shall induce a minor to purchase or procure or obtain intoxicating liquor or non-intoxicating malt liquor. P4innesota Statutes, Section 340.79 provides that any person who shall give to, procure or purchase., intoxicating liquors for any rninor person or other person to whom the sale of intoxicating liquors is by law forbidden, is guilty of a gross misdemeanor and upon conviction may be punished by a fine of $1,000.00 or one (1) year imprisonment, or both, 'Subdivision 5. Identification Required, Any person who may appear to the licensee, his employees or agents to be a minor shall, upon demand of the licensee, his employee or agent, produce and permit to be examined a current driver's license or non-qualifi- cation certificate issued by the State Department of Public .Safety. Subdivision 6. Identification--Prima Facie Evidence. In every prosecution for a violation of the. provisions of this section relating to the sale or furnishing of intoxicating liquor or non- . intoxicating malt beverage 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 non-qualification certificate issued by the Depart- went of Public Safety, from which it appears that said person was l8 years of age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not wilful or in- tentionaly. Subdivision Identification Statement. Any person who may appear to the licensee, his employee or agent to be under 18 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: -lII- RliAD 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 -18a- t_he purpose of inducing any licensee or any em- ployee of any municipal. liquor store to sell, serve or deliver any alcoholic beverage to a minor; A minor to have in his possession any intoxi- cating liquor with intent to consume same at a place other than the household of his parent or guardian. Section 340.D35 Minnesota Statutes: "It shall be unlawful for any: minor to misrepresent his age for the purpose of obtaining non-intoxicating malt liquor; minor to have in his possession any non-intoxi- cating 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 MISDE- MEANOR PUNISHABLE BY A FINE OF $300.00 OR A 90- DAY WORKHOUSE SENTENCE, 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 (1) year.. Section 17. Other Restrictions on Purchase or Consumption. Subdivision 1. Illegal-Sales. 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. Subdivision 2. Consumption and Display. No person shall mix or prepare intoxicating liquor for consumption, in any public place not licensed in accordance with the ordinances of the City of Lakeville and the State of Minnesota. -19- Subdivision 3. Highways and Autos.. No intoxicating liquor shall be sold or consumed on a public highway or in an auto- mobile. Section 18. Security. Subdivision 1. Bonds, Insurance or De osit Required. At the time of filing any application for any type of liquor license, the applicant shall file a bond with corporate surety, or a liability insurance policy, or in lieu thereof 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 $5,000.00 for an "on sale" license. Such. insurance policy shall be in the amounts specified in Subdivision 4 of this section. Subdivision 2. Approval of Bond or Insurance. The .surety bonds or insurance policies required by Subdivision 1 of this section shall be subject to the approval of the Council. Subdivision 3. Surety or Insurance Companies. The surety on such bond, or the insurer on such liability insurance policy, shall be a surety company or insurance company, as the case may be, duly licensed to do business in the State of Minnesota, and the bond and liability insurance policy shall run to the-City and be approved as to form and execution by the City Attorney.. All surety bonds or liability insurance polices';when approved by the proper City or State officers, shall be deposited with the Clerk. Subdivision 4. Amount and Terms of Insurance. In lieu of submitting a bond, cash or U. S. government bonds, an appli- cant may submit liability insurance in accordance with the require- . ments and subject to the conditions of Minnesota Statutes, Section 340. Subdivision 5. 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 said statute. -20- _ _ Subdivision 6. 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 applicant 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 re- quired 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. B. If U. 5. 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, forfeiture 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 con- . ditions 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 -21- 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. Affidavit required for return of U. S. 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 pro- ceedings has been commenced in any court for the forfeiture of such bonds or deposit, or for damages to any person or persons 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 govern- ment bands or cash deposit. Section 19. Revocation. Subdivision 1. Grounds. The Council may suspend or revoke any license for the sale of intoxicating .liquor for the vio- lation of any provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating liquor, and shall revoke such license for any wilful violation which, under the laws of the State is grounds for mandatory revocation, and shall. revoke for failure to keep the bond, insurance or other deposit required by this ordinance in full force and effect. Subdivision 2. Hearing--Notice. Except in the case of a suspension pending a hearing on revocation, revocation or suspen- sion by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least eight (8) days notice of the time and place of the hearing and shall state the nature -22- _ _ of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not. exceeding thirty (30) clays. The notice may be served upon the licensee personally or by leaving the same at the licensed premises. with the person in charge thereof. No suspension shall exceed sixty (60) days. 8ec~ion 2D Enlargement, ATt,~rations or-Extensions of Premises. Proposed en7:~argement, alteration or extension of premises s previously licensed shall be reported to the Clerk at or before the time application is made for`a~Building Permit for any such change and the licensee shall also give such information as is required by Section 11 of this ordinance. Section 21. License Year. All liquor licenses shall expire on December 31. Section 27.' Hours. Sales of liquor by licensee shall be permitted only within the hours fixed by Minnesota .Statutes, Section 340.14. Not only must the sale of liquor cease at the closing hour appointed each day by the Commissioner but also all persons, other than employees of the licensee, shall vacate the licensed premises within thirty (30) minutes of said closing hour. Section 23. Penalty. Every person convicted of a viola- tion of any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment for a period of not more than ninety (90) days, or both. Section 24. Repeal of Existing Ordinances. Ordinances Nos. 32, 48 and 68 are hereby repealed. Section 25. Effective Date. This ordinance shall be in full force and effect from. and after its publication according. to law. _23_ Dated .this day of ~ , 1974. CITY OF LAKEVILLE BY: rig May/or//, ATTEST: Clerk ' f r ' _,,w 5. . ' + e -24- • 4.. t STATE of MINNESOTA, County of Dakota ss. Dudley F. Eakin, 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 least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which is purports to serve and does not wholly dupli- cate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the munici- pality which it purports to serve, has at least 240 copies regulary 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 issure in the City of Lakeville in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the publisher or persons in his employ and subject to his direction and control during 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 news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said news- paper 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 newspaper and sworn to before a notary public stating that the newspaper 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. ,, D j 6 . He further states on cath that the printed 03-elA, AAA. - 1 /3 ht47 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and pyblished therein in the English Ian - gauge, once each week (1), successive weeks that was first so published on Wednesday the /y day of 19 y day of , 19 and that was thereafter printed and published on every Wednesday to and including the day of ,19 and that the following is a printed copy of the lower case alphabet from A to 7, 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: a bcdefghi j klm nopgrstuvwxyz .e•-L.1:Z%ll 1:41 -- Subscribed Subscribed and sworn to before me this 64. day ofU / , 19 /Y (Notarial Seal) Notary Public, Dakota County, Mina My comm sS prSexirnKil.1 N. 00307 D2te 7-26 : 2_kola Co., Lakovdie, Mf.