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3TATE OF MINNESOTA the proposed licensee will operate and therefor should be set with this factor COUNTY OF RAMSEY its location, avhether applicant ie owner in mind, as well as the factors of ad- VILLAGE OF ARDEN HILLS Etnd operator of the business, how long ministrative expenae and items of Vil- ORDINANCE NO. 92 he has been in that buainess at that lage expense sueh' as Holice auperviaion, AN ORDINANCE LICEN3ING AND place, the information renuired nnder fire protection, road maintenance and REGULATING THE 5ALE AND CON. Sec. 4, Subd. 2 hereof, and such other the like. The Council, haa further deter- SUMPTION OF INTO%ICATING LI- information as the Council may re4uire mined that there ia a definite relationship QUORS, FIXING LICENSE FEES from time to time. In addition to con- between the burdena, reaponsibilitiea snd THEREFOR, PROVIDING PENALTIES taining such information, each applica- risks of the Village with resDect to auch FOR VIOLATION AND REPEALING tion for license shall be in the form "bne sale" li4uor eatabliahmenta and ORDINANCE NOS. 32, 68 AND 75. preseribed by the Liquor Control Com- the area in auch eatabliahmente which The Counci] of the Village of Arden missioner. No person shall make a false ie utilized for the sale and consumption Hills does hereby ordain as follows: atatement in an application. Applicationa of liquor. Accordingly "on sale" liquor Section 1. Definition of Terme. for an "on sa]e" or "off sale" license license feea are established, se herein- Subdivision 1. As used in this 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 o£ either sex, co-partnerehip, tion as to the namea, addresses, and oc- Snbdiviaion 2. Area Information $e- corporation and association of peraons cupations of the stockholdera and offi- qaired. Each application for an "on and the agent or manager of any of the cers of the corporation. The transfer of sale" liquor license ahall include infor- aforesaid. The singular in number in- stock in any corporation holding an "on mation, on forms to be provided by the cludes the plural and the masculine Dro- sale" or "off sale" liquor license in this Village, setting forth the area in the es- noun includes the feminine and neuter, village ahall be deemed a transfer with- tabliahment which is groeosed to be util- 3a6diviaion 2. "Intoxicating liquor" in the meaning of this ordinance, and ized for the purpoae of sale or conaump- or "liquor" meana and includea dietilled, no such transfer of atock shall be made tion of liquor. The information provided fermented, spirituous, vinous, a.nd malt without the consent of the Council. It as to such area ahall be verified by the beverages containing in exceas of 3.2qo is hereby made the duty of the officera Village Clerk and report thereon prompt- of alcohol by weight. The term doea not of any corporation holding sueh a li- ly submitted to the Council with the include ethyl alcohol or neutral epirits or cense to notify the Council of any pro- application. substitutes therefore posaessing the taste, posed sale or transfer of any etock in 3abdivieion 3. Licenee Fees for "On aroma, and characteristics generally at- auch corporation. The transfer of any 3s)e" Liquor Licenses. Upon the basis tributed to ethyl alcoho] or neutral apir- such stock without the knowledge and of the information given in the appli- its• consent of the Council ahall be deemed cation as such information ia verified or Suhdivision 3. "Sale" and "sel]" in- eufficient cause for tevocation b9 the supplemented by the report of the Clerk cludes in addition to the accepted mean- Council of any license granted to such thereon and by such other investigation ing of the term, all barters, gifta, and eorporation under the authority of this as the Council may deem advisable, the other means of furniahing intoxicating ordinance. In addition the corporate offi- license fee For "on sale" liquor licenses liquor in violation or evasion of this or- cers ahall also notify the Council when- in the Village, commencing with the dinance. ever any change is made in the offi- license feea to be charged for the calen- Subdiviaion 4. "On sale" meana sale cers of any such corporation, and failure dar year 1966, ahall be for a apecified of liquor by the drink for consumption to so notify the Council shall likewise aum for each license determined by the on the premises only. be sufficient cause for revocation of any area within the Proposed establishment $obdivieion 5. "Off sale" meana the liquor license granted to such corpora- which will be utilized for the purpose of retail sale of ]iquor in the original pack- tion, selling or conauming intoxicating ]i- a8e for consumption away from the Sabdivision 2. A surety bond, liabil- auors, w3th the fee determined to be the premises where sold. ity insurance policy, or in ]ieu thereof amount aet forth opposite the bracket Subdivision 6. Package" or "original cash or United States Government Bonds within which the particular establishment package" means any corked )r sealed of equivalent market value shall ac- falls, the achedule being as follows, to- container or receptacle holding ]iquor. company each applieation for a licenee, wit: 3nbdiviaion 7. Hotel" means an ea- Area where Liqaor is tablishment where food and lodging are the amount recoverable to be measured by regularly furnished to tranaients for a the actual daimages: provided, however, Served or Conaumed Fee $2,600.00 price. For specifie requirementa with that in no case shall such surety be 0 - 1,999 a9. ft. inclusive liable for any amount in exeess of the 2.000 - 2,999 aq. ft. inclusive $3,600.00 respect to "hotel" references is made to penal amount of the bond or policy. 3,000. 3,999 aq. ft. inclusive $4,500.00 the statutory reguirements impoeed there- All such bonds or policies shall be for' 4,000 sq. ft. and over $5,600.00 on by Sec. 340.07, Subd. 4 of Minnesota For the pnrpose of verifying the area the benefit of the obligee and al] per- Statutes Annotated, which proviaione are utilized for sale and consumption of incorporated herein by reference. aons auffering damages by reason of the ]iquor as set forth herein, and the use- Subdivieion S. "Exclusive liquor atore" breaeh of the conditions of the bond. In the event of the forfeiture of any ability thereof, the Council or its de- means an establiahment uaed exclueively signated nominees shall have access to for the sale af intoxicatin liquor, ci- auch bond or policy for violation of law, g the court may forfeit the penal sum of the premisea of the applicant or the gars, cigarettes, all forma of tobaeco, the bond or policy ot any part of it to the licensee at all reasonable times upon non-intoxicating malt beverages, and soft reasonable advance notice for the pur- drinks at retail, either "on sale" or "off Village of Arden Hills. pose of making such measurementa of Sn6divieion 3. The aecurity offered sale° or both. It shall be under control und the premises of the licensee or the ap- of an individ¢al owner or manager. er Subd. 2 ahall be approved by the Village Council and in the case of ap- p]icant as may be deemed advisable by Sabdivision 9. For definition of the the Council or its nominees. plicants for "off sale" licenses by the term "club" as used herein reference is made to Sec. 340.07, Subd. 7 of Minne- State Liquor Contro] Commisaioner. Subdivision 4. "Off 3ale" and "Club" sota Statutes Annotated, for the atatu- Surety bonds and liability inaurance poli- Liquor Licenae Fees. The annual fee for tory requirements imposed therein, which cies shall be approved as to form by an "off sale" and "Club" liquor license shall he $100.00. The annual fee for a ahall govern for the purposes of thia or- the Village Attorney. The operation of dinance. Said statute is hereby incor- special club license shall be $100.00. Dispoei- such "off sale" or "on sale" liquor buai- porated herein by reference. nesa without having on file at all times Subdiviaion tion of Fees. 5. All Payment anapplicationsd for "off with the municipality an effective bond, Subdiviaion 10. "Drug store" meane inaurance policy, or other security as sale" ]icenses or special club licenses any establishment where drugs are kept, shall be accompanied by certified check , compounded, and sold if it is at al] times required in Subd. 2, shal] be grounds in charge of a registered pharmaciet or or money order to the Viilage Treasurer for immediate revocation of the license. of a registered assiatant pharmacist dur- Such surety bonds or other aecurity shall for payment in full of such fees. All fees referred to in this section ing the temporary absence of the regist- be in the sum of $5,000.00 for an appli- cant for an "on sale" license and $3,- ahal] be paid into the general fund of the ere pharmaciat. Section 2. Licenae Reqnired rejeetion of any applica- 3ubdivision 1. No p e r s 000,00 for an "off sale" licenae. All such Village. Upon .o n, exceBt bonds or other security shall be condi- tion for a license the Treasurer shall wholesalers or manufacturera to the ex- tioned as follows: refund nlication. the amount paid with the ap- tent authorized under atate ]icense, ahall (a) That the licensee will obey the With reference to "on sale" liquor directly or indirectly deal in, aell or law related to such licensed busi- license fees, one-fourth of the license fee keep for sale any intoxicating liquor neSS' (b) That the licenaee will pay to the as determined and fixed by the Coun- without first having received a license municipality when due all taxes, cil shall be paid before the issuance of to do so as provided in thia ordinance. the license; one-fourth of the fee sha11 Licenses shall be of three kinds: "on license fees, penalties, and other charges provided by law; be paid on or before April 1 of the year sale," "off sale" and club licensea. which is the subiect of the license, one- Subdivieion 2. "On eale" licensea shall (c) tion That of in the the nrov event isiona of of any any vilola- aw fourth of the fee by July 1 of such year, be issued only to hotels, c]uba and ex- relating to the retail "off sale" and and the remaining one-fourth of the clvsive liquor stores and shal] permit fee shall be paid by October 1 of the "on sales" of ]iquor only; provided how- "on aale" of intoxicating liquor, year which is the sub]ect of the license. ever, pursuant to the provisions of Chap- such bond, policy, or other aecur- 3u6diviaion 6. Feriod of Licenaes and ter 284 of the 1963 Session Laws of ]ageity. shall be forfeited to the Vi]- Renewal Applications. All licenaes re- the State of Minneaota, any establish- ferred to under this section shall expire (d) That the ]icensee will pay bo the ment in the Village of Arden Hills which on the ]ast day of December of - each holds an "on sale" license, or a combin- extent of the principa] amount of year. Each license shall be issued for a ation of "on sale" and "off sale" li- such bond, policy, or security, any damages for death or injury caused pyriod of one (1) year, but if a portion censes for the sale of intoxicating li- by or resulting from the violation of the license year has elaPSed when quor, may sell food. "On sale" licenaea of any proviaion of law relating the application is made a license map may accordingly be iasued by the Coun- thereto, and in euch cases recovery be isaued far the remainder of the year eil to a properly-qualified applicant pro- for a pro rata fee. In compnting such posing to serve food on the premises under thie paragraph (d) may be had from the surety on the bond or fee any expired fraction of a month which are the subiect of the application. the policy. The amount apecified ahall be counted as one (1) month. Ap- The Counci] may, in its discretion. in such bond or policy is declared plications fox renewal of an exiating grant "on sale" licenses to the maximum to be a penalty. license shall be filed with the Village number Dermitted by the laws of the Clerk on or before Novembet 1 of the State of Minnesota. Section 4. License Feea, year preceding the year which is the 3u6diviaion 3. "Off eale" licenses subdivision 1. General Conaiderations aubject of the license, except that ap- Relating to "On 3ale" Liqnor Licenses. ahall be iasued only to drug stores and plications for the year 1966 shall be exclusive liquor stores and ehall permit The Council haa determined that the made with ali reasonable pmmptnesa "off sales" of liquor only, licensing of "on sale" liquor establiah- after the eFfective date of thia ordin- Subdiviaion 4. Special club licenses ments within the Village of Arden Hills ance. shall be issued only to duly incorporated imposea substantial additiona] reaponai- clubs which have been in exiatence for bilities and burdens, both immediate and twenty years. Hatential, on the Village with respect Section S. Application for License. to policing and supervising of such ea- tablishments and the traffic that comea Sabdiviaion 1. Every application for a into the Village for the purpose of pat- licenae to ael] liquor ahall be verified ronizing such establishmente. The Coun- and filed with the Village Clerk. It cil has further considered that the op- ahall atate the name of the anplicant, erat;on of such establishmenta may well his age, representationa as to hia char- become a nuisance, and the license fees acter, with auch referencea as may be re4uired, his citizenship, whether the application is for "on sale" or "off sale." the busineas in connection with which