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<br /> s <br /> <br /> <br /> <br /> STATE OF MINNESOTA t6e proposed licenaee will operate and thereYor ahould be set with thlg faCdo7r' <br /> COUNTY OF RAM3Eir its location, whether applicant is owner in mind, as weil as the factara of P4. <br /> VILLAGE OF ARDEN HILLS and operator of the businesa, how long minietrative expense and' items o£ Vil- <br /> ORDINANCE NO. 92 he has been in that bueiness at that lage eapense anah as police aupervisiori, <br /> AN ORDINANCE LICENSING AND place, the information required under fire protection, road maintenauee aiqii <br /> REGULATING THE SALE AND CdN. Sec. 4, Svbd. 2 hereof, and such other the like. The Council hae furtAer det'eiw <br /> SUbIPTION OF INTOXICATING LI- information as the Council may require mined that there in a definite i'slationWv <br /> QUOR.S. FIXING LICENSE FEES from time to time. In addition to con- between the burdena, reapousibSXatiee <br /> THEREFOR, PROVIDING PENALTIF~S taining such information, each applica- risks of the Village wifid~ ~pect to ~ <br /> FOR VIOLATION AND REPEALING tion for licenae shall be in the form "one sale" liquor es~blieBmemts <br /> ORDINANCE NOS. 32, 68 AND 76. prescribed by the Liquor Control Com- the area in such estab[iohmemits whfch <br /> The Council of the Viilage of Arden aiiasioner. No Derson shall make a false is utilized for the sale 8lnd eoilstimpdoaa <br /> 'Ki does herebY ordain as follows: atatement in an aPDlication. APPlications of li4uor, AecordingiY ' on sete" 1#quOst^• <br /> ' n 1. Definition of Terme. 4or an "on sale" or "off sale" license license feea are eetablished, a,e pereii),, <br /> abdivision 1. As used in this ordin• on behalf of a corporation shall inc2urle, after set forth, tvith relation to ftid' <br /> nce the term "person" includes a na- in addition to the foregoing, informa- area. I <br /> tural peraon of either seac, co-partnership, tion as to the names, addresaea, and oc- Subdivision 2. Area InfbrtntxSoa Rp• . <br /> corporation and associatipn of persons cupations of the stockholdere and offi- quired. Each apP}ication for an "an <br /> and the agent or manager of any of the cers of the corporation. The tranafer of sale" liquor licenee shall inclFltk! 3afOx, <br /> aforesaid. The singular in number in- stock in any corporation holding an "on mation, on forma to be provide8 ixg t,he <br /> eludes the plura] and the masculine Dro- sale" or "off sale" liquor ]icenae in this Village, setting 4orth the area fn Y1te sa- <br /> n ineludea the femixiine and neuter, village shall be deemed a transfer with- tablishment which ia proposed to B~g x~fSt- <br /> bdivieion Y. "Intoxicating ]iquor" in the meaning of this ordinance, and ized for the purpose of sale or conswrip,: <br /> liquor" means and inc3udes dietilled, no sach transfer of atoek shall be made tion of ]iquor. The in ormation provida}. <br /> ~Fmented, aDirituous, vinoua, a.nd malt without the conaent of the Council. It as to auch area shall verified by thg . <br /> beverages containing in excess of 3.2% is hereby made the duty of the officers Village Qlerk and report thereon prompt: <br /> of alcohol by weight. The term doea not of any corporation holding such a li- ly subrtiitted to the Council with the <br /> include ethyl aleohol or neutral spirita or cenae to notify the Council of any pro- application. <br /> substitptes therefore poseessing the taste, posed sale or tranafer af any atock in 3abdivieioa 3. Licen6e Feee tet "E1n <br /> aroma, and characteristics generally at- auch corparation. The transfer of any Sale" Liqaor Licenaes. ETytrn the hasis. , <br /> tributed to ethyl alcohol or neutral apir- such stock without the knowledge and of the information given in the spp[i- <br /> its• conaent of the Council shall be deemed cation as such in€ormation ie veriPied' or <br /> Su6division 3. °Sale" and "sell" in- sufficient cause for revocation by the supplemented by the xeport of the Cla$ <br /> cludea in addition to the accepted mean- Council of any licenae granted to such thereon and by auch other inqeatigairibn' . <br /> ing of the term, all bartera, gifts, and corporation under the suthority bf thie as the Qouncil msy t,leem adv{sable, the <br /> other means of furniahing intoxicating ordinance. In addition the corporate offi- license fee for "on sale° liquor licensm , <br /> Iiquor in violation or evasion of thia or- cers shall also notify the Council when- in the Village, eommeneing with the <br /> dinance. ' ever any change ia made in the offi- license fees to be charged for the ea1ft- <br /> Subdivieion 4. "On eale" meana sale cers of any such corporation, and failUre dar year 1966, shall be for a xpecifled <br /> of liquor by the drink for conaumption to so notify the Council shall likewise sum for eseh ]icense determined by tiho <br /> on the premises only. be sufficient cause for revocation of any area within the proposed establiiihmertt <br /> ' Snb@iviaion 5, Off sale" means the liquor ]icense granted to such corpora- which will be ntilized for the purpase oP <br /> retail eale of liquor in the original pack- tion. selling or cunauming fntoxicating li. <br /> age for consumption away from the <br /> 3abdivision 2. A aurety bond, ]iabil- 4uors, with the fee determined W be t'he <br /> premisea where aold. ity ineurance policy, or in lieu thereof amount aet forth oppoaite the bra'ckset <br /> Sabdiviaion 6, Package" or "original cash or United States Goyernment Bonda within which the particular establisYaeent.r <br /> package" meana any corked )r sealed of equivalent market value shall ac- falls, the acheduie being as Foltowe, tn« <br /> container or receptacle holding liquor. company each application for a license, wit: <br /> Subdivision 7. Hotel" means an ee- the amount recoverable to be measured by Area where Liqqor is <br /> tablishment where food and lodging are Served or Consamed Fe~ <br /> the actual daVmages: pronided, however, , ft, inclusive $2,604.db <br /> regularly furniahed to transients for a that in no case shall sueh sureCy be 0- 1,999 aq <br /> price. For specific requirements with liable for any amount in excesa of the 2,000 - 2,999 aq, ft. inelusive $31600.00 <br /> respect to "hotel" raferencea ia made to penal amount of the bond or policy. 3,000 - 3,999 aq. ft. inclusive ;4,500,00 <br /> . t <br /> the statutory requirements imposed there- 4,000 aq. ft. and over $5,609.b~' <br /> All such bonds or policiea shall be for <br /> on by Sec. 340.07, Subd. 4 of Minneaota For the purpose of verifying tha area <br /> the benefit of the obligee and all per- <br /> Statutes Annotated, which provisions are utilized for saIe and ponattmption OP'- <br /> incorporated herein bp reference. sons auffering damages by reaaon of the ]iquor as set forth herein, and the nee- <br /> Sabdivieion 8. "Exclusive liquor atore" breach of the conditions of the bond. In the event of the forfeiture of any abilits thereof, the Council or ita de- <br /> means an establiahment used exclusively signated nominees shall. have acceffs ta <br /> for the sale of intoxicating ]iquor, ci- euch bond or policy for violation of law, <br /> the court may forfeit the penal sum of the premises of the applicant or tle. <br /> gars, cigarettes, all forma of tobacco, the bond or policy or any part of it to the licensee at all reasonable times upan <br /> non-intoxicating malt beverages, and soft Village of Arden Hills. <br /> reasonable advance notice for the pnr- <br /> drinks at retail, either "on sale^ or "off $a6division S. The aecurity offered Pose of making auch measurements of <br /> sale" or both. It shall be under control under Subd. 2 shall be approved. by the the premisea of the licenseee or the a~ <br /> of an individual owner or manager. Vil]age Council and in the case of ap- plicant as may be deemed advieab3e by <br /> 3abdiviaion 9. For definition of the <br /> , <br /> plicants for "off sale" licenaea by the the Counci] or ita nomineea <br /> term "club" as used herein reference is 3abdivision 4. "Off Sale" and "CUtA" <br /> State Liquor Control Commisaioner. <br /> made to See. 340.07, Subd. 7 of Minne- Liqnor Licenae Feea. The annual fee fur <br /> sota Statutes Annotated, for the atatu- Surety bonda and liability insurance poli- an "off sale" and "Club" liquo,r liemnse <br /> tory requirements imposed therein, which cies shall be approved as to form by <br /> shall he $100.00. The annual fee for a <br /> shall govern for the purposes of this or- the Village Attorney. The operation of gp~ial club license sAt~ll, be $lOQ.00. <br /> dinance. Said statute is hereby incor- sucneash "off sawithoutle" or having ^on on salefile° at all liquor buei- times 3abdiviaion 5. Payment and D'aspeai- <br /> porated herein by reference. with the municipality an effective bond, tion of Fees. All apPlications for "o~ <br /> 3abdiviaion 10. Drug store" means sale" licenaes or special elub lfcerns~es <br /> s <br /> any eatablishment where drugs are kept, insurance policy, or other security a shall be accom~anied by certified cheek <br /> compounded, and sold if it is at all timea required in Subd. 2, shall be grounda in charge of a registered pharmaciat or for immediate revocation of the license. or money order to the Village Treasutea . of a registered assistant pharmacist dur- Such surety bonds or other security shall for payment in full of such feex. <br /> All fees referred to in thie aeetiux <br /> ing the temporary absence of the regisb be in the sum of 6 000.00 for an appli- shall be paid into the generaY fund of tlie, <br /> ere pharmaciat. cant for an "on sa e icense an Village. Upon rejection o~ any appiie~. - <br /> Section 2. Licenae Required. 000.00for an "o#f sale" license. All suoTi ' tion for a licenae the Treasurer jAm.1}' <br /> ~"`6 na o otner securI - / <br /> Subdivieion 1. No p e r s o n, ezccept refund the amount paid with the ~ph <br /> wholesalers or manufacturers to the ex- tioned as followa: plication. <br /> tent authorized under atate licenae, shall (a) That the licensee will obey the With referenee to "on sale " liqrnt~ <br /> directly or indirectly deal in, sell or law related to auch licensed buai- licenae fees, one-fourth of the licenee fee <br /> keep for sale any intoxicating ]iquor ness; <br /> without first having received a license (b) That the licensee will pay to the as determined and fixed by the Coun- <br /> cil shall be paid before the i~suance of <br /> to do so as provided in thia ordinance. municipality when due all taxes, <br /> Licenses shall be of three kinds: "on the licenae; one-fourth of the fee a~YSll <br /> license fees, penalties, and other paid on or before April' 1 of the yea,r <br /> sale;° "off sale" and club ]icenaes. charges provided by law; ~ which is the subject of the license, one- <br /> 3a6divieion 2. "On nale^ licertsea shall (c) That in the event of any viola- fourth of We fee by July 1 of such yeax, <br /> be isaued only to hotels, clubs and ex- tion of the Proviaions of any law <br /> clusive liquor stores and shall relating to the retail "bff sald" and and the remaining one-fourth af tBee <br /> permit <br /> " fee shall be paid by Oetober 1 0# the <br /> "on salea" of Tiguor only; provided how- on sale" of intoxicating liquor, year which ia the snbjeet of the liaenae: <br /> ever, purauant to the provisions of Chap- such bond, ~olicy, or other aecur- Snbdiviaion 6. Pesiod of Lieenae~ aad. <br /> ter 284 of the 1963 Sesaion Lawa of ity shall be forfeited to t3~e Vi]- Renewal Applications. All licen~es rq: _ <br /> the State of Minnesota, any establish- la$e' ferr~ to under thi~ aection shall explre _ <br /> ment in the Village of Arden Hills which (d) That the licensee will pay to the <br /> extent on the last day of December af eav.h <br /> of the principal amount of r. <br /> holda an "on sale" license, or a combin- auch bond, nolicy, or securitq, any yea Each license shall be iaeueri $or a <br /> ation of "on sale" and "off sale" li- damages for death or injury caused Period of one (1) pear, but if a parEion <br /> censes for the sa2e of intoxicating ]i- <br /> quor, may sell food. "On aa]e" licenaes of the ]icense year has elaps~ when <br /> by or resulting from the violation the application ia made ~ licene~ ma,~ <br /> may accordingly be iasued by the Coun- of any provision of Iaw relating <br /> cil to a properly-quabified applicant pro- be iasued for the remainder of the year <br /> thereto, and in auch cases recovery pro rata fee. In computing auck <br /> ~g to aerve food on the premises unhadder from thia the suretv paragraph on (d) the may bond be or fee for a any expired fraetion of s muntli <br /> are the subject of the application. shall be counted as one (1) month. Ap. <br /> the <br /> Council may, in ita diacretion, policy. The amount apeci#ied p]ications for renewal of an exS.4t4ug <br /> g t"on sale" licensea to the maximum in euch bond or policy is declared <br /> to be a penalty. license shall be filed with the Vilia~e <br /> number permitted by the laws of the Clerk on or before November 1 af t~ <br /> State of Minnesota. Section 4. Licenae>FeeO. year <br /> Sabdivision 1. General Considerations <br /> Subdivision 3. "Off sale" licenses Relating to "On $ale" Liqaor Licenses. aubiect of the license, e-mcept that a~r- <br /> ' <br /> shall t~e isaued only to drug atorea and The Couneil has plicatione for the y~r 1966 shall be <br /> yermit , made with all ressonable Dromat~,~a' <br /> 0i1'l aive liquor atores and ehali determined that the <br /> eales" of liquor only. licensing of "on eale', liquor eatablish- after the effective dete of thie ordin- <br /> bdiviaion 4. Special c1nL licenaes ments within the Village of Arden Hills snce. <br /> be iasued only to duly incorporated imposea substantia] addltional reaponai- <br /> cluba which have been in existence for bilities and burdens, bdth immediate and <br /> twenty yeara. Botential, on the VillI ge with resDect <br /> Section S. Application for Licenae. to policing and aupervp~amg of auch ea- <br /> tabliahmenta and the thaffic that comes <br /> Sabdiviaion 1. Every application for a into the Village for tho purpoae of pat- <br /> license to sell liguor shall be verified ronizing such eatablish ente. The Coun- <br /> and filed with the Village Clerk. It cil has further considred that the op- <br /> ahall state the name of the applicant, eration of such establi$hrnente maq well <br /> his age, reDreaentationa as to his char- become a nuisance, anH the license feea <br /> acter, with auch references as may be <br /> required, his citizenship, whether the , <br /> application ia for "on sale" or "off sale," <br /> the business in connection wfth whiefi ~ <br />