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STATE OF MINNE30TA the proposed licenaee will operate and therefor should be set with thia factor COUNTY OF RAMSEY its, location, whether applicant ie owner in mind, as well as the factora of ad- VILLAGE OF ARDEN HILI,3 and operator of the buainess, how long ministrative expense and itema of Vil- ORDINANCE NO. 92 he has been in that buainess at that ]age expenae sueh as police superviaion, AN ORDINANCE LICENSING AND place, the information required under fire protection, road maintenance and REGULATING THE SALE AND CON- Sec. 4, Subd. 2 hereof, and such other the like. The Council has further deter- SiJMPTION OF INTOXICATING LI-- information as the Council may re9uire mined that there is a definite relationahip QUORS, FIICING LICENSE FEES from time to time. In addition to con- between the burdens, responeibilities and THEREFOR, PROVIDING PENALTIFS taining such information, each applica- riska of the Villgge with resDect to auch FOR VIOLATION AND REPEALING tion for ]icenae aha11 be in the form "one sale" liqnor establishments and ORDINANCE NOS. 32, 68 AND 76. preacribed by the Liquor Control Com- the area in auch establishmenta which The Council of the ViL'age of Arden misaioner. No person shall make a falae is utilized for the sale and consumption Hills does hereby ordain as follows: statement in an application. Applications of liquor. Accordingly "on sale" liquor Section 1. Definition of Terma. for an "on sale" or "off sale" ]icenae license fees are established, as herein- Subdiviaion 1. As used in thia ordin- on behalf of a corporation shall include, after set forth, with relation to said ance the term "person" includes a na- in addition to the foregoing, informa- area. tural person of either sex, co-partnerahip, tion as to the names, addresses, and oc- Snbdivision 2. Area Information Re- wrporation and assoeiation of persons eupations of the stockholdere and offi- qnired. Each application for an "on and the agent or manager of any of the cera of the corporation. The transfer of sale" liquor ]icense shall include infor- aforesaid. The sinsular in number in- stock in any corporation holding an "on mation, on forms to be provided by the cludes the plural and the masculine pro- sale" or "off sale" liquor license in this Villap,e, setting forth the area in the es- noun includes the feminine and neuter. village shal] be deemed a transfer with- tablishment which is propoaed to be util- 3ubdivision 2. "Intoxicating liquor" in the meaning of thia ordinance, and ized for the purpose of sale or conaump- or "liquor" meatia and includes distilled, na such tranafer of atock shal] be made tion of liquor. The information provided fermented, spir.tuous, vinous, and mglt without the consent of the Council. It as to such area shall be verified by the beverages contdining in exceas of 3.2% is hereby made the duty of the officers Village Clerk and report thereon prompt- of alcohol by Weight. The term does not of anq corporation holding such a li- lv submitted to the Council with the include ethyl alcohol or neutral spirits or cense to notify the Council of any Dro- application. substitutea Nierefore posaessing the taste, poaed sale or transfer of any atock in Subdivision 3. Licenee Feea for "dn aroma, anl characteristics generally at- such corporation. The tranafer of any 3ale" Liqaor Licenses. Upon the basis tributed ta eth91 alcohol or neutral apir- auch atack without the knowledge and of the information given in the appli- ita. consent of the Council shall be deemed cation as such information is verified or Sabd'Viaion 3. "Sale" and "sell" in- sufficient cause for revocation by the eupplemented by the report of the Clerk cludes 5n addition to the accepted mean- Council of any licenae granted to such thereon and by such othei investigation ing rf the term, all barters, gifts, and corporation under the authority of this as the Council may deem advisable, the othee means of furnishing intoxicating ordinance. In addition the corporate offi- license fee for "on sale" liquor licenses ]jqfor in violation or evasion of this or- eera shall also notify the Council when- in the Village, commencing with the &nance. ever any change ia made in the offi- license fees to be charged for the calen- Sn6diviaion 4. "On eale" means sale cers of aay such corporation, and failure dar year 1966, shall be for a specified of ]iquor by the drink for conaumption to so notify the Council ahal] likewiae sum for each license determined by the on the premisea only. be sufficient cauae for revocation of any area within the proposed eatablishment Subdivieion 5. "Off sale" meane the liquor ]icenae grar.ted to such corpora- which wi? be utilized for the purpose of retail sale of ]iquor in the original pack- tion. selling or conauming intoxicating li- age for consumption away from the Su6diviaion 2. A surety bond, liabil- cluors, with the fee determined to be the premises where sold. ity ineurance policy, or in lieu thereof aatount set forth opposite the bracket 3ubdiviaion 6. Package" or "original caeh or United States Government Bonds within which the particular establiahment package" means any corked ~r sea.led of e4uivalent mazket value shall ac- falls, the achedule being as followa, to- Subdiviaion container or 7. reeeptacle Hotel^ mholdingeans li an 4 esuor.- company each application for a licenae, wit: tablishment where food and ]odging are the amovnt recoverable to be measared by Area where Liquor is regularly furniehed to transients for a the actual dEWmagea: provided, however, Served or Conaumed Fee that in no case shall such surety be 0 - 1,999 aq. ft. inclusive $2,600.00 price. For specific re9uirementa with liabie for any amount in excess o£ the 2,000 - 2,999 aq. ft. inclusive $3,600.00 respect to "hotel" references is made to 500.00 ft s9. and ft. over inclusive $5$4,,600.00 the statutory requirements imposed there- penal amount of the bond or policy. 3,000000 - 3 sq,. 999. on by Sec. 340.07, Subd. 4 of Minnesota All such bonde or policies shall be for 4, Statutes Annotated, which provision9 are the benefit of the obligee and all per- For the purpose of verifying the area utilized for sale and consumption of sons suffering damages by reason of the incorporated herein by reference. Subdivision 8. "Exclusive liquor atore" breach of the conditions of the bond. liquor as set forth herein, and the use- meana an establiahment used excluaively In the event of the forfeiture of any ability thereof, the Council or its de- for the sale of intoxicating ]iquor, ci- signated nominees shall have aecess to such bond or policy for violation of law, the court may forfeit the penal aum of the premiaea of the applicant or the gars, cigarettea, all forma of tobacco, the bond or policy or any part of it to the licensee at all reasonable timea upon non-intoxicating malt beverages, and soft Village of Arden Hills. reasonable advance notice for the pur- saled" rinks or at both. retail, It shaeitherll " be on unsale"der or "off control $ubdivision 3. The security offered Pose of making such measurementa of of an individual owner or manager. under Subd. 2 shall be aPproved by the the plicant premasiaes ma9 of be the deemed licensee ad or the ap- visable by Subdivision 9. For definition of the Village Council and in the case of ap- term "club" as uaed herein reference is the Council or its nomineea. piicants for "off sale" licenaes by the State Liquor Control Commiaeioner. Subdivision 4. "Off Sale° and "Club" made to Sec. 340.07, Subd. 7 of D/Iinne- Surety bonda and liability insurance poli- Liqaor Licenae Fees. The annual fee for sota Statutes Annotated, for the etatu- cies shall be approved as to form by an "off ssle" and "Club" liquor lieense tory requirements imposed therein, which shal] be $100.00. The annual fee for a the Village Attorney. The operation of shall govern for the purposes of this or- specia] club licens dihance. Said statute is hereby incor- e sha? be $100.00. such "off sale" or ' on sale" liquor busi- ness without having on file at all times Subdivision S. Payment and Disposi- porated herein by reference. with the municipality an effective bond, tion of Fees. All applications for "off Subdiviaion 10. "Drug store" means insurance policy, or other security nas sale" licenses or special club licenses coanympounded, and establishment sold if where it d is rugs at all are kept, times required in Subd. 2, shal] be grou d s shall be accompanied by certified check in charge of a regietered pharmacist or for immediate revocation of the license. or money order to the Village Treasurer of a registered assistant pharmacist dur- Such surety bonds or other security shall for payment in full of such feea. ing the temporary absence of the regist- All fees referred to in this section ere pharmacist. cant for an "on sale" license and $3,- shall be paid into the be in the sum of $5,000.00 for an appli- general fund of the Section 2. License Reqnired 000.00 for an "off sale" licenae. A31 auch Village. Upon rejection of any applica- 3abdivieion 1. No p e r s.o n, except bonds or other aecurity shal] be condi- tion for a license the Treasurer shall wholesalers or manufacturera to the ex- tioned as follows: refund the amount paid with the ap- plication. tent authorized under state licenae, ahall (a) That the licensee will obey the With reference to "on sale" liquor directly or indirectly deal in, aell or ]aw related to auch licensed busi- ness; license feea, one-fourth of the license fee keep for sale any intoxicating liquor (b) That the ]icensee will pay to the as determined and fixed by the Coun- without first having received a license cil shall be paid before the issuance of to do so as provided in thia ordinance. municipality vchen due all taxea, the license; one-fourth of the fee shall Licenses shall be of three kinds: "on license fees, penaltiea, and other be paid on or before April 1 of the year sale," "off sale" and club licensea. charges provided by law; which is the subject of the lieense, one- Subdivision 2. "On sale" licenses shall (c) tion That of in the the event oProvisionsf of any any viola- law fourth of the fee by July 1 of such year, be issued only to hotels, clube and ex- relating to the retail "off sale" and and the remaining one-fourth of the clusive ]iquor storea and ahall permit " fee shall be paid by October 1 of the °on sales" of liquor only; provided how- on sale" of intoxicating liquor, year which is the subiect of the licenae. ever, pursuant to the proviaions of Chap- such bond, Policy, or other aecur- ity shall be forfeited to the Vil- $ubdiviaion 6. Period of Licenaes and ter 284 of the 1963 Session Laws of lage. Renewal Applicatione: All licenses re- the State of Minnesota, any eatabliah- ferred to under this section shall expire ment in the Village of Arden Hills which (d) That the licenaee will pay bo the holds an "on sale" license, or a combin- on the last day of December of each extent of the principal amount of year. Each licenae ahall be iesued for a ation of "on sale" and "off sale" li- auch bond, policy, or security, any censes for the sale of intoxicating li- damages for death or injury caused period of one -(1) year, but if a portion by or resulting from the violation of the ]icenae year has elapsed when quor, may sell food. "On sale" licenaee the application is made a licenae may may accordingly be iasued by the Coun- of thereto any , prandwinision osuchf law cases relating recoverY be issued for the remainder of the year cil to a properly-qualified applicant pro- for a pro rata fee. In computing such ~ posing to serve food on the premises under this paragraph (d) may be had from the aurety on the bond or fee any expired fraction of_ a month which are the aubject of the application. shall be counted as one (1) month. Ap- The Council may, in its discretion, the policy. The amount apecified plications for renewal of an existin grant "on sale" licenaes to the maximum in such bond or policy is declared S to be a penalty. license ahall be filed with the Village number permitted by the laws of the Clerk on or before November 1 of the State of Minnesota. Section 4. License Feee. year preceding the year which i$ the Subdivieion 3. "Off sale" licenses Su6division 1. General Coneideratione subject of the licenae, excent that ap- shall be issued only to drug stores and Relsting to "On Sale" Liquor Licenses. plicationa for the 9ear 1966 shall be exclusive ]i4uor storea and ehall permit The Counci] haa determined that the made with all reasonable Dromptneas "off sales" of liquor only. licenaing of "on eale" liquor eatablish- after the effective date of thia ordin- Sabdiviaion 4. Specia] club licenaes menta within the Village of Arden Hills ance. shall be isaued only to duly incorporated imposea substantial additiona] reaponsi- clubs which have been in exiatence for bilities and burdens, both immediate and twenty years. potential, on the Village with respect Section 3. Application for Licenae. to Policing and aupervising of such ea- tablishmenta and tbe traffic that comea Subdiviaion 1. Every application for a into the Village for the purpose of pat- license to sell liquor shall be verified ronizing such eatablishmenta. The Coun- and filed with the Village Olerk. It cil has further conaidered that the op- shall state the name of the applicant, eration of such establiahments may well his age, representations as to his char- become a nuisance, and the licenae fees acter, with such references as may be required, his citizenshin, whether the application is for "on sale" or "off sale," - ' the business in connection with which -