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HomeMy WebLinkAbout0032 4 . ORDINANCE NO. 32 VILLAGE OF LAKEVILLE Dakota County, Minnesota AN ORDINANCE LICENSING AND REGULATING THL SALL AND CONSUMPTION OF IN- TOXICATING LIQUOR AND PROVIDING A PENALTY FOR VIOLATION. THE VILLAGE COUNCIL. OF THE VILLAGE' OF LAKEVILLE ORDAINS: SECTION 1. PROVISIONS OF STATE LA~'V ADOPTED The provisions of Minnesota Statutes, Chapter 344, with reference to the definition of terms, application for license granting of license conditions of license, restrictions on con- sumption 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 ordinance as if fully set out herein, except as modified herein. SECTION 2. LICENSE REQUIRED No person, except wholesalers or manufacturers to the extent authorized under State Li= tense, shall directly or indirectly deal in, sell, keep for sale, or deliver any intoxicating li- quor without first having received a license to do so as provided in this ordinance. SECTION 3. 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, SECTION 4. PLACES INELIGIBLE FOR LICENSE SUBDIVISION 1. No license shall be granted, or renewed, for operation on any prem- ises, on which taxes, assessments or other financial claims of the Village are delinquent and unpaid. SUBDIVISION 2. No license shall be granted for any place which has a common en- trance or exit between any two establishments except that a public concourse or public lob- by shall not be construed as a common entrance or exit. SECTION 5. CONDITIONS OF LICENSE SUBDIVISION 1. Every license shall be granted subject to the conditions of the follow- ing subdivisions and all other subdivisions of this ordinance and of any other applicable ordi- nance of the Village or state law. SUBDIVISION 2. The license shall be pasted in a conspicuous place in the licensed estab- ment at all times. SUBDIVISION 3. Every licensee shall be responsible for the conduct of his place of bus- iness and the enforcement of the closing hours thereof required under the provisions of this ordinance and the conditions of sobriety and order in the place of business and on the prem- ises. SUBDIVISION 4. No license shall be effective beyond the areas named in the license for which it was granted. SUBDIVISION 5. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 21 years of age, or to any person to whom sale is prohibited by State law. SUBDIVISION 6. No person under 21 vears of age shall be employed in a room where "on sales" are made and no such person shall be allowed to be or remain in such room unless accompanied by his parent or guardian. SUBDIVISION 7. No licensee shall keep, possess, or operate or permit the keeping, pos- session, or operation of any slot machine, dice, or any gambling device or apparatus on the li- tensed premises and he shall not permit any gambling therein. SUBDIVISION 8. 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 as a resort for prostitutes. SUBDIVISION' 9. No equipment or fixture in any licensed place shall be owned in whole ~1) fi ' or In part by any manufacturer or distiller of intoxicating liquor except such as shall be ex- pressly permitted by State law. SUBDIVISION 10. Any police officer, building inspector, or any properly designated of- ficer or employee of the Village shall have the unqualified right to enter, inspect, and search the premises. of any licensee hereunder at any time without a warrant. SUBDIVISION 11. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in any original package which has been refilled or partly refilled. Na licensee shall directly or through any other person delete or in any mal,ter tamper with the contents of any original package so as to change .its composition or alcoholic content .while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic 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. No "on sale" liquor establishment shall display liquor to the public during hours when the sale of .liquor is prohibited by this ordinance. SUBDIVISION 13: No licensee shall apply for or possess a Federal. Wholesale Liquor Dealers special tax stamp or a Federal gambling stamp.. SUBDIVISION 14. 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. The business records of the licensee including Federal and State tax returns, shall be available for inspection by the duly authorized representative of .the Village Council at all reasonable times. SECTION 6. LICENSE FEES .SUBDIVISION 1. The annual fee for club licenses shall be One Hundred and no/100 ($100.00) Dollars. SUBDIVISION 2. The annual. license fee shall be paid in full before the application for a license or renewal of a license is accepted. All fees shall be paid into the general fund of the Village. 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 appli- cant except where rejection is for a willful misstatement in the license application. SUBDIVISION 3. ~i'he fee for a license granted after the commencement of the license year shall be prorated on a quarterly basis. SUBDIVISION 4. When the license is for premises where the building is not ready. fore occupancy, the time fixed for computation of the license fee for the initial license period shall be ninety clays after approval of .the license by the Council or upon the date the building is .ready for occupancy, whichever is .sooner. SUBDIVISION 5. Na part of the fee paid for any license shall be refunded except as authorized under Minnesota Statutes, Section 340.112. SECTION 7. APPLICATIONS FOR LICENSE TO BE VERIFIED Every application for a license to sell intoxicating liquor shall be verified and filed with the Village Clerk. SECTION 8. CONTENTS OF APPLICATION SUBDIVISION L If an application is submitted for a club license the following finforma- Lion shall be submitted in addition to that required by the State Liquor Control Commissfion- er. A. The purpose for which the club was originally organized and for which it is now ex- fisting. B. Date that club was first organized and place of such organization. C. The number of members. D. The name of the .manager, 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 Subdivision 3 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 requfirements of C2) r Minnesota Statutes, Section 340.07, Subdivision 7. F. If an application is fora "special club" license, the sworn statement required by "E" above shall include a statement that the club meets all the requirements of Minnesota Stat- utes, Section 340.11. SUBDIVISION 6. in the event no person can make this statement from personal knowl- edge of the facts, satisfactory documentary proof may be submitted to satisfy this require- ment. SUBDIVISION 2. Such other information as the Village Council shall require. SECTION 9. RENEWAL APPLICATIONS Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license and shall be made in such abbreviated form as the Village Council may approve. If, in the judgment of the Council, good and sufficient cause is shown by any applicant for his failure to file for a renewal within the time provided, the Council may, if the other provisions of this ordinance are complied with grant the application. SECTION 10. 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 or managing officer thereof. If the applicant is a partnership, the application., license and bond (or insurance policy) shall be made and issued in the name of ail partners. SECTION 11. GRANTING OF LICENSES. SUBDIVISION 1. All applications for a license shall be referred to the Police Depart- ment for verification and investigation of the facts set forth in the application. The Police shall cause to be made such investigation of the information as shall be required and shall. make a written recommendation and report to the Council, which shall include a list of all vio- lations of Federal or State law of Municipal ordinance. The Council, may order and conduct such additional investigation as it shall deem necessary. Upon receipt of the written report and recommendation by the Police Department and within twenty days thereafter, a public hearing shall be held. 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 Village Council shall grant or refuse the application in its discre- tion. SUBDIVISION 2. Not less than ten days nor more than fifteen days after the date for submitting renewal applications, the Council, shall hold a public hearing. Opportunity shall be given to any person to be heard for or against the granting of a renewal license. SUBDIVISION 3. Afour-fifths (4/5) vote of the Council shall be required for the grant- ing of a license. SUBDIVISION 4. 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 5. The Clerk shall., within ten days after the issuance of any license under this ordinance, submit to the Liquor Control Commissioner the full name and address of each Club granted a license, the trade 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. SECTION 12. SECURITY SUBDIVISION 1. Bonds, Insurance or Deposit Required. At the time of filing any appli- cation for a Club liquor license, the applicant shall file a bond with corporate surety, or a lia- bility insurance policy, or in lieu thereof cash or United States government bonds which shall be deposited with the Village Clerk. Such band, cash or government bonds, shall be in the amount of $3,000.00. Such insurance policy shall be in the amounts specified in Subdivision 5 of this section. SUBDIVISION 2. Approval of Bond ar Insurance. The surety bonds or insurance poli- cies required by Subdivision 1 of this section shall be subject to the approval of the Village Council. SUBDIVISION 3. Surety or Insurance Companies. The surety on such bond, or the insurer an such liability insurance policy, shall be a surety company or insurance. company, as the case (3) may be duly licensed to do business in the State of Minnesota, and the bond and liability insurance policy shall run to the Village and be approved as to form an execution by the Vil- lage Attorney. All surety bonds or liability insurance policies, when approved by the proper Village or State officers shall be deposited with the Village Clerk. SUBDIVISION 4. Amount and Terms of Insurance. In lieu of submitting a bond, cash or U.S. Government bonds, an applicant may submit liability insurance in accordance with the requirements and. subject to the conditions of, Minnesota Statutes, Section 340.12. SUBDIVISION 5. Terms of Bond. AlI 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. SUBDIVISION G. 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 Village Attorney, wherein the applicant assigns such deposit to the Village, to be held by the Village Clerk subject to the conditions, forfeitures, .and penal- ties required by the Laws of :the State of Minnesota and this ordinance, for the period of the license in connection with which such deposit is made, and for three 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. S. 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 Vil- lage Attorney, assigning such government bonds to the Village, to be held subject to the. conditions, forfeiture and penalties provided by the laws of the State of Minnesota and this ordinance. Such assignment shall also contain a stipulation and agreement hat 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 de- posited, and for three 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 licen- see shall be permitted to clap 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 Village Clerk an affidavit stating that no action or proceedings has been commenced in any Court for the forfeiture of such bunds or deposit, or for damages to any person or per- sons 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 agree- ment relating to such government bonds or cash deposit. SECTION 13. REVOCATION SUBDIVISION 1. The Village Council may suspend or revoke any Club license for the sale of intoxicating liquor for the violation 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 willful violation which, under the laws of the State is grounds for manila- tort' revocation, and shall revoke for failure to keep the bond, insurance or other deposit re- quired by Section i2 in full force and effect. Except in the case of a suspension pending a hearing on revocation, revocation or sus- pension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee, The Council may, without any no- tice, suspend .any license pending a hearing on revocation for. aperiod-nat exceeding 30 .days. The notice may be served upon the licensee personally ar by leaving the same. at the. licensed premises with the person in charge thereof. No suspension shall exceed 60 days. SECTION 14. LICENSE YEAR. All liquor licenses shall expire on December 31st. SECTION 15. HOURS Sales and liquor by licensee shall. be permitted only within the hours prescribed by the State Liquor Control Commissioner. 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 minutes of said closing hour. (4? `=-1 w SECTION 16. PENALTY Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than One Hundred ($100.00) Dol- lars or imprisonment for not more than ninety (90j days. SECTION 17. EFFECTIVE. DATE This ordinance shall be effective upon adoption and publication. SECTION 18. VALIDITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. Enacted and ordained into an ordinance this 5th day of April, 1968. THE VILLAGE OF LAKEVILLE BY: LEO ARONSON Mayor ATTEST: STANLEY E. KOLSTAD Clerk (5)