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VILL~AGL OI' LAKI:VIL.LT;
llaltota County, Miuucsota
AN Oftl)INANCE LICENSING ANI) Ii.I?,(~U1~1'I'INtr 'I'1I1~; S~1l,E ANI) CONSIJMI''I'IUN Ol' NON-
lN`I'OlIC~~1'1'ING MAL'I' .LI(~U01~ ANll YItOVIU1N(.; A .t'L;NAI~1'~' h'Ol.t 'I'Iili VIOLA`I'lON
'1HIr VILLAGE COUNCIL O1~ T1-1E VILLAGh, Ole' L.t1KLVILLI:
Oltl)~INS AS I~OLLOIVS:
SLC'I'ION 1. llEI~INi'1.'ION OI; 1'LII.MS.
SUBDIVISION 1. t1s used in this ordinance, words sl~?all have the same meaning as the
statutory usage under Minnesota Statutes Chapter 3~1t1, anti where ?aot given statutory Cora-
. struction they shall have their oa•din;ary usage.
SCC110N 2. LICENSE 13.[s't~UIIt,l~D.
SIII3DIVISION 1. No laersun, excelat wlualesalers and rnanufacturcrs to the extent a?itho:-
ized by law, shall deal in or dispose of by gift, sale or ofhcrwise, or keep or offer for sale, any
beer within the village withuuC first having rece?vetl license as hercinaftcr provided. Lice?~?-
ses shall be of two kinds: (1) Detail `bn sale"; (2) Retail `bfE sale."
SUBDIVISION 2. "()n Sale" licenses shall bc~ t;raiatcd only to bona [ide~ clubs, bee..r stores,
restaa.irants and hotels ~a here food is l~areparcd and served f.or consumption un the premises.
"On ,Sale" licenses shall percuit the sale ul' beer for consumption on the premises only.
SU2~Ia1VISI0N 3. "Oft' Sale" licenses shall permit 1.hc salt of beer at retail, in the urigi-
nal package for consumption off the larcmises only.
SI;C„1'i(?N 3. API'1_,1CATlON I~t~R LICLNSI~;.
h.vcry application i'or a license to sell beer shall he made on a form supplied by the vil-
lage ;and shall state Lhc name of the applicant, his a};c, rrprcu:nlatians as to his charaetcr vrilh
such references as may be requu-ed, his citizenship, whether the application is for "on sale"
or "off sale", the business in conne~etion wil.h which the proposed license will operate and its
location, whether applicant is owner a?ad operator of. the business, how long he has hea':n in
that business at that place, and such olhcr i?rfarmaliun as the council may require from i.inic to
time. It shall bo unlawful to make any false sl.atc~ment in aia application. Applicatio~?s shad he
filed with the village clerk.
SI~,C'1'ION 4. L.ICLNSIa I~'.l~,l?S.
SUII)1VISION 1. l~aach application for a license shall be accompanied by a receipt from
f.he village treasw~cr for payrncnt in full of the rcquircd fcc Coe k.he license. X111 fees shall i>{;
paid in to the general fund of the nuuricipality. Ulaun rejection of any al~apiication fora li-
ceaase, the treasurer shall refanrd the a?a~ounl, paid.
SUBDIVISION 2. All licenses shall expire on the last day of December in each year. 1~ach
license shall he issued fur a period of one year, except llaat if ;a portion of the license year has
elapsed when the application is ma<lc, a license may he issued far the remainder of the year for
a pro rata fee, In computing; such 1'ce, any unexpired fraction of a month shall be counted
as one month.
SUI3DIVISiON The annual fee for an "On filee" license shall he $L00.00.
The annual fe~c for an "Off Sale" license shall he .~;15.UU.
SUBDIVISION 4. No part of floc fee paid for any liccnsc issued under this ordinance
shall br. a~ef.t~anded avhere a license is revolted, but, there shall he refunded a pro rata portion
- of the fee l'or the unexpired period cif the license upon the cana~llatit>n,
Sh,C'TION 5. C;ILAN'I'ING OI'' LICCNSI~;,
SUI3DIVISlON 1, `1'!~c village council shall inveslig;alc all facts set ouf, in the application.
Opportunil.y shall be I;~ivc*u to any p?~rson to be h~~ar~l fur ar al;ainst the granting of the li-
cense. After such investigation and hearing' the vill:~g;e council steal! grant or refuse the appli-
cation in its discretion.
SI?RDIVISION 2. 1?acla license shall be issued 1u Lhe applicant only and shall. not be trans-
ferable to another holdi~r. l.ach license shall be issued ~~uly for 1.he premises described in the
a
-
• application. No license may he transferred to another place without the approval of the vil-
lage council.
SLC`l'IO1~' G. I'I?~II.SONS INIsI1C,I13I..~ I~ OIt LICI;NSI~.
No license shall be granted to auy person:
(1) Under tlventy•onc years of age.
(2) ~V12o has been convicted of a felaly, or of violating the National Prohibition Act clr
any law of tlus state or local ordinance rekating to the manufacture or transportation of intox-
leafing liquors.
(3) bVho is a manufacturer of beer or who is interested in the control of any place where
beer is tnanufachPred.
W120 1S all alleYg.
(5} ~Vho is not of good moral charlcler.
(G) Who is or during t.hc: period of this license becomes the holder of a federal retail liq-
uor dealer's special tax stamp for tlge sale of intoxicating liquor at any place unless there lYas
also been issued to him a local. license to sell intoxicating liquor at such place.
(7) ~Vho is not the !n•oprietor of the establishment fol• which the license is issued.
SLC']'ION 7. PLAC115 INIaLIGIBLI~ FOII LICrNSh.
SUBDIVISION 1. No license sha11 be granted for sale on atgy premises where a licensee has
been convicted of the violation of this ordinance, or of the state beer or ligluYr la4v, or where
;uty license heretuldcr has been revoked for cause tuttil one year has elapsccl after such convic-
tion or revocation.
StIBDIVIS10N 2. No "on sale" license shall be granted for a business or club which has
not been in operation and cli;ible to receive a license for at least six months irnn)ediately
preceding the appllcatton fot• a license.
SF,C1'ION 3. CON1~I`I'IONS Oh 1~ICI?NSC.
SUBDIVISION 1. Iavery license shall be granted subject to the conditions in the follow-
ing subdivisions and all other provisions of this ordinance and of any other applicable ordi-
nance of tlge village or state law.
SUBDIVISION 2. till licensed premises shall 11:1VC the license posted in a conspicuous
place al all tinges.
St1BDIVISiON 3. No beer shall be sold or served to any intoxicated person or to any 13cr-
son under 2I years of age.
SUBDIVISION 4. No minor under 2I shall be enlploycd nn the plrmiscs of a beel• store
or be permitted to sell or serve beer in any "on sale" estai.Plishment.
SUBI)IVISIUN Nn gambling or arty gambling device shall be permitted on any licc:nsccl
prenlis~s.
SU13llIVISION G. No manufacturer oP• wholesaler of beer shall have any ownership of or
interest in an establishment licensed to sell at retail contrary to the provisions of M.S.A. ;390.02.
Nu retail licensee and manufacturer oi• wholesaler of ~becr shall be parl.ics to any exclusive
purchase contract. No retail licensee shall receive any benefits contrary to law front a ngan-
ufaclurcr ar wholesaler of beer and no such nlarlufacturer or wholesaler shall confer any bene-
fils contrary to law upon a retail licensee.
S11B1)1VISION 7, No lice~nsce shall sell beer while holding or exhibiting in the licensed
premises a feclcral retail liquor dealer's special tax staPnla unless lie is liccnsetl under the laws
of Minnesota to sell iPltoxicat.ing liquot•s.
SUl3l7IV1SlON t5. No ]icansec who is not also licen~:ed to sell intoxicating liquor shall sell
or permit the coitsunlption or display of intoxicating liquors on the licensed premises or serve
any liquids for the pttrposc of mixing with intoxicating liquor. '1'hc pP•cscPlcc of intoxicating liq-
uors on the premises of such a licensed shall be prima facie evidence of possessionof intoxicat- _
ing liquors for the purpose of sale; and the serving of any liquid for the purpose ofnlixing with
intoxicating liquors shad 1)e prima facie evidence that intoxicating liquor is being permitted
to be consumed or displayed contrary to this ordinance.
SLJRDIVISIt)N 9. ,any peace officer shall have l.hc? unqualified right to enter, inspect and
search the premises of a licensee during business hours without a search and seizure warrant
__a~.
I l
• ~j
- - and may scire all intoxicating IicJuors found on the licensed ltrcntiscs.
SUBDIVISION lU. Every licensee shall be responsible for the conduct of his place of bus-
iness and shall maintain conditions of sobriety and order.
SUBDIVISION 11. An `°on sale" license shall entitle the balder to serve beer in a separate
room of the licensed premises for banquets or dinucrs at which arc present not less than
l~veuty persons.
S1;C'1'lON 4l. CLOSING IIOUItS.
SUBDIVISION 1. No sale of non-intoxicating liquor shall be made on any election day in
the district iu which tlte~ election is held.
SUBDIVISION 2. Dvery licensee except a private club licensee shall not conduct business
on the premises between the hours of ane a.m. and eight a.m, Monday lhrougFt Saturday in-
clusive, or on any Sunday between the !-lours of one a.m. and twelve o'clock noon, nor permit
the presence of customers on the liremises between the hours of one-thirty a.m. and emit
a.m. Monday through Saturday inclusive, ot• on any Sunday between the hours of ouc-thirty
a.m. and twelve o'clock noon.
Sl°:C'1'ION 10. CLUBS.
No club shall sell beer except to ntembers and to guests in the company of members.
SEC`1'lON 11. RZ'rS'I'R1C`l'IONS ON PUItCIIASls 11ND CONSUMPTION.
SUBDIVISION 1. No minor shall misrepresent his age for the purpose of obtaining beer.
SUBDIVISION 2. No person shall induce a minor to purchase or procure bc:cr.
SUBDIVISION 3. No l.~crson oilier than the parent or legal guardian shall procure beer for
any minor.
SUBDIVISIUN ~I. No minor shall have lacer in his possession with the intent to consume it
at a place other than the household of his parent or guardian.
SUBDIVISION 5. No person shall consume or display any intoxirating liquor on the prem-
ices of a licensee who is not also licensed to sell intoxicating liquors.
SECTION 12. REVOCATION.
The violation of any provision or condition of this ordinance by a beer licensee or his abcttt
shall be ground for revocation or suspension of the license. 1'he license of any person who
hotels a fcdcra! t'etail liquor dealer's special tax stantl without a license to sell intoxicating
ltgttors at such place shall be revoked without notice and without Bearing.
do all oiler cases, a license granted tinder this ordinance may be revoked or suspended by
the council after wt•itten notice to the Iicettsee and a public hearing. The notice shall live at
least eight days' notice of the lime and place of the hearing ane} shat! state the nature of
the charges against the licensee. 1'hc council may suspend ,uty license pending a hcarittb on
revocation or suspension.
til~;Cl'lON l3. PI?.NAI.'I"Y.
tiny pet•son violating any provision of this orclirutnce shall be guilty of a misdemeanor,
•uxl upon ctntviction lhcreot shall L>c ptutishcti by a lice of not more than one hundred dol-
. tars (:~IUU.UU) or imprisonmcnC ~in jail, for not more 1.han ninety (tJ0) days, plus the costs of
l,rosecution in either case.
Sl?C'I'ION 14. EI~i~1sCTIVE 1.)A`I'L.
`T'his ordinance shall be in full force and effect from anti alter its passage and publication
aCCOt'd111g t0 law.
Enacted and ordained into an ordinance this 1st clay of )VS<•ty, 11367.
VILI,nGE OT' LtIKPVILLIJ
LI~,'0 ARONSON
Mayor
A'l'1'LST:
STANI.,Is'1' E. 1CO1aS7'AD
Clerk
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