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HomeMy WebLinkAbout#092 Liquor License Fees s STATE OF MINNESOTA t6e proposed licenaee will operate and thereYor ahould be set with thlg faCdo7r' COUNTY OF RAM3Eir its location, whether applicant is owner in mind, as weil as the factara of P4. VILLAGE OF ARDEN HILLS and operator of the businesa, how long minietrative expense and' items o£ Vil- ORDINANCE NO. 92 he has been in that bueiness at that lage eapense anah as police aupervisiori, AN ORDINANCE LICENSING AND place, the information required under fire protection, road maintenauee aiqii REGULATING THE SALE AND CdN. Sec. 4, Svbd. 2 hereof, and such other the like. The Council hae furtAer det'eiw SUbIPTION OF INTOXICATING LI- information as the Council may require mined that there in a definite i'slationWv QUOR.S. FIXING LICENSE FEES from time to time. In addition to con- between the burdena, reapousibSXatiee THEREFOR, PROVIDING PENALTIF~S taining such information, each applica- risks of the Village wifid~ ~pect to ~ FOR VIOLATION AND REPEALING tion for licenae shall be in the form "one sale" liquor es~blieBmemts ORDINANCE NOS. 32, 68 AND 76. prescribed by the Liquor Control Com- the area in such estab[iohmemits whfch The Council of the Viilage of Arden aiiasioner. No Derson shall make a false is utilized for the sale 8lnd eoilstimpdoaa 'Ki does herebY ordain as follows: atatement in an aPDlication. APPlications of li4uor, AecordingiY ' on sete" 1#quOst^• ' n 1. Definition of Terme. 4or an "on sale" or "off sale" license license feea are eetablished, a,e pereii),, abdivision 1. As used in this ordin• on behalf of a corporation shall inc2urle, after set forth, tvith relation to ftid' nce the term "person" includes a na- in addition to the foregoing, informa- area. I tural peraon of either seac, co-partnership, tion as to the names, addresaea, and oc- Subdivision 2. Area InfbrtntxSoa Rp• . corporation and associatipn of persons cupations of the stockholdere and offi- quired. Each apP}ication for an "an and the agent or manager of any of the cers of the corporation. The tranafer of sale" liquor licenee shall inclFltk! 3afOx, aforesaid. The singular in number in- stock in any corporation holding an "on mation, on forma to be provide8 ixg t,he eludes the plura] and the masculine Dro- sale" or "off sale" liquor ]icenae in this Village, setting 4orth the area fn Y1te sa- n ineludea the femixiine and neuter, village shall be deemed a transfer with- tablishment which ia proposed to B~g x~fSt- bdivieion Y. "Intoxicating ]iquor" in the meaning of this ordinance, and ized for the purpose of sale or conswrip,: liquor" means and inc3udes dietilled, no sach transfer of atoek shall be made tion of ]iquor. The in ormation provida}. ~Fmented, aDirituous, vinoua, a.nd malt without the conaent of the Council. It as to auch area shall verified by thg . beverages containing in excess of 3.2% is hereby made the duty of the officers Village Qlerk and report thereon prompt: of alcohol by weight. The term doea not of any corporation holding such a li- ly subrtiitted to the Council with the include ethyl aleohol or neutral spirita or cenae to notify the Council of any pro- application. substitptes therefore poseessing the taste, posed sale or tranafer af any atock in 3abdivieioa 3. Licen6e Feee tet "E1n aroma, and characteristics generally at- auch corparation. The transfer of any Sale" Liqaor Licenaes. ETytrn the hasis. , tributed to ethyl alcohol or neutral apir- such stock without the knowledge and of the information given in the spp[i- its• conaent of the Council shall be deemed cation as such in€ormation ie veriPied' or Su6division 3. °Sale" and "sell" in- sufficient cause for revocation by the supplemented by the xeport of the Cla$ cludea in addition to the accepted mean- Council of any licenae granted to such thereon and by auch other inqeatigairibn' . ing of the term, all bartera, gifts, and corporation under the suthority bf thie as the Qouncil msy t,leem adv{sable, the other means of furniahing intoxicating ordinance. In addition the corporate offi- license fee for "on sale° liquor licensm , Iiquor in violation or evasion of thia or- cers shall also notify the Council when- in the Village, eommeneing with the dinance. ' ever any change ia made in the offi- license fees to be charged for the ea1ft- Subdivieion 4. "On eale" meana sale cers of any such corporation, and failUre dar year 1966, shall be for a xpecifled of liquor by the drink for conaumption to so notify the Council shall likewise sum for eseh ]icense determined by tiho on the premises only. be sufficient cause for revocation of any area within the proposed establiiihmertt ' Snb@iviaion 5, Off sale" means the liquor ]icense granted to such corpora- which will be ntilized for the purpase oP retail eale of liquor in the original pack- tion. selling or cunauming fntoxicating li. age for consumption away from the 3abdivision 2. A aurety bond, ]iabil- 4uors, with the fee determined W be t'he premisea where aold. ity ineurance policy, or in lieu thereof amount aet forth oppoaite the bra'ckset Sabdiviaion 6, Package" or "original cash or United States Goyernment Bonda within which the particular establisYaeent.r package" meana any corked )r sealed of equivalent market value shall ac- falls, the acheduie being as Foltowe, tn« container or receptacle holding liquor. company each application for a license, wit: Subdivision 7. Hotel" means an ee- the amount recoverable to be measured by Area where Liqqor is tablishment where food and lodging are Served or Consamed Fe~ the actual daVmages: pronided, however, , ft, inclusive $2,604.db regularly furniahed to transients for a that in no case shall sueh sureCy be 0- 1,999 aq price. For specific requirements with liable for any amount in excesa of the 2,000 - 2,999 aq, ft. inelusive $31600.00 respect to "hotel" raferencea ia made to penal amount of the bond or policy. 3,000 - 3,999 aq. ft. inclusive ;4,500,00 . t the statutory requirements imposed there- 4,000 aq. ft. and over $5,609.b~' All such bonds or policiea shall be for on by Sec. 340.07, Subd. 4 of Minneaota For the purpose of verifying tha area the benefit of the obligee and all per- Statutes Annotated, which provisions are utilized for saIe and ponattmption OP'- incorporated herein bp reference. sons auffering damages by reaaon of the ]iquor as set forth herein, and the nee- 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- means an establiahment used exclusively signated nominees shall. have acceffs ta for the sale of intoxicating ]iquor, ci- euch bond or policy for violation of law, the court may forfeit the penal sum of the premises of the applicant or tle. gars, cigarettes, all forma of tobacco, the bond or policy or any part of it to the licensee at all reasonable times upan non-intoxicating malt beverages, and soft Village of Arden Hills. reasonable advance notice for the pnr- drinks at retail, either "on sale^ or "off $a6division S. The aecurity offered Pose of making auch measurements of sale" or both. It shall be under control under Subd. 2 shall be approved. by the the premisea of the licenseee or the a~ of an individual owner or manager. Vil]age Council and in the case of ap- plicant as may be deemed advieab3e by 3abdiviaion 9. For definition of the , plicants for "off sale" licenaea by the the Counci] or ita nomineea term "club" as used herein reference is 3abdivision 4. "Off Sale" and "CUtA" State Liquor Control Commisaioner. made to See. 340.07, Subd. 7 of Minne- Liqnor Licenae Feea. The annual fee fur sota Statutes Annotated, for the atatu- Surety bonda and liability insurance poli- an "off sale" and "Club" liquo,r liemnse tory requirements imposed therein, which cies shall be approved as to form by shall he $100.00. The annual fee for a shall govern for the purposes of this or- the Village Attorney. The operation of gp~ial club license sAt~ll, be $lOQ.00. 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- porated herein by reference. with the municipality an effective bond, tion of Fees. All apPlications for "o~ 3abdiviaion 10. Drug store" means sale" licenaes or special elub lfcerns~es s any eatablishment where drugs are kept, insurance policy, or other security a shall be accom~anied by certified cheek 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. All fees referred to in thie aeetiux 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, ere pharmaciat. cant for an "on sa e icense an Village. Upon rejection o~ any appiie~. - Section 2. Licenae Required. 000.00for an "o#f sale" license. All suoTi ' tion for a licenae the Treasurer jAm.1}' ~"`6 na o otner securI - / Subdivieion 1. No p e r s o n, ezccept refund the amount paid with the ~ph wholesalers or manufacturers to the ex- tioned as followa: plication. tent authorized under atate licenae, shall (a) That the licensee will obey the With referenee to "on sale " liqrnt~ directly or indirectly deal in, sell or law related to auch licensed buai- licenae fees, one-fourth of the licenee fee keep for sale any intoxicating ]iquor ness; without first having received a license (b) That the licensee will pay to the as determined and fixed by the Coun- cil shall be paid before the i~suance of to do so as provided in thia ordinance. municipality when due all taxes, Licenses shall be of three kinds: "on the licenae; one-fourth of the fee a~YSll license fees, penalties, and other paid on or before April' 1 of the yea,r sale;° "off sale" and club ]icenaes. charges provided by law; ~ which is the subject of the license, one- 3a6divieion 2. "On nale^ licertsea shall (c) That in the event of any viola- fourth of We fee by July 1 of such yeax, be isaued only to hotels, clubs and ex- tion of the Proviaions of any law clusive liquor stores and shall relating to the retail "bff sald" and and the remaining one-fourth af tBee permit " fee shall be paid by Oetober 1 0# the "on salea" of Tiguor only; provided how- on sale" of intoxicating liquor, year which ia the snbjeet of the liaenae: ever, purauant to the provisions of Chap- such bond, ~olicy, or other aecur- Snbdiviaion 6. Pesiod of Lieenae~ aad. ter 284 of the 1963 Sesaion Lawa of ity shall be forfeited to t3~e Vi]- Renewal Applications. All licen~es rq: _ the State of Minnesota, any establish- la$e' ferr~ to under thi~ aection shall explre _ ment in the Village of Arden Hills which (d) That the licensee will pay to the extent on the last day of December af eav.h of the principal amount of r. holda an "on sale" license, or a combin- auch bond, nolicy, or securitq, any yea Each license shall be iaeueri $or a ation of "on sale" and "off sale" li- damages for death or injury caused Period of one (1) pear, but if a parEion censes for the sa2e of intoxicating ]i- quor, may sell food. "On aa]e" licenaes of the ]icense year has elaps~ when by or resulting from the violation the application ia made ~ licene~ ma,~ may accordingly be iasued by the Coun- of any provision of Iaw relating cil to a properly-quabified applicant pro- be iasued for the remainder of the year thereto, and in auch cases recovery pro rata fee. In computing auck ~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 are the subject of the application. shall be counted as one (1) month. Ap. the Council may, in ita diacretion, policy. The amount apeci#ied p]ications for renewal of an exS.4t4ug g t"on sale" licensea to the maximum in euch bond or policy is declared to be a penalty. license shall be filed with the Vilia~e number permitted by the laws of the Clerk on or before November 1 af t~ State of Minnesota. Section 4. Licenae>FeeO. year Sabdivision 1. General Considerations Subdivision 3. "Off sale" licenses Relating to "On $ale" Liqaor Licenses. aubiect of the license, e-mcept that a~r- ' shall t~e isaued only to drug atorea and The Couneil has plicatione for the y~r 1966 shall be yermit , made with all ressonable Dromat~,~a' 0i1'l aive liquor atores and ehali determined that the eales" of liquor only. licensing of "on eale', liquor eatablish- after the effective dete of thie ordin- bdiviaion 4. Special c1nL licenaes ments within the Village of Arden Hills snce. be iasued only to duly incorporated imposea substantia] addltional reaponai- cluba which have been in existence for bilities and burdens, bdth immediate and twenty yeara. Botential, on the VillI ge with resDect Section S. Application for Licenae. to policing and aupervp~amg of auch ea- tabliahmenta and the thaffic that comes Sabdiviaion 1. Every application for a into the Village for tho purpoae of pat- license to sell liguor shall be verified ronizing such eatablish ente. The Coun- and filed with the Village Clerk. It cil has further considred that the op- ahall state the name of the applicant, eration of such establi$hrnente maq well his age, reDreaentationa as to his char- become a nuisance, anH the license feea acter, with auch references as may be required, his citizenship, whether the , application ia for "on sale" or "off sale," the business in connection wfth whiefi ~ ` • < Subdiviaion 7. Refund of Fees. Ex- Subdivision 3. No initial licenae, as Strbdiviaion 13. No pereon shall aell cept as provided herein, no part of the contrasted to a renewal ]icense, shall iae intoxicating ]i9uqr to any spendthrift or fee paid for any license issued under granted for any Yocation within 1,000 improvident Berson after written notice thia ordinance shall be refunded, nor feet of any school or any chnrch exist- not to do so has been serveti on him by shall any portion of the fee determined ing on the effective date of this ordin- a parent, Lusband> wife, adult, child, or ' . to be due for a license issued under this ance. In the event that a renewal li- guardian of auch pereon or by the ehief ordinance be cancelled. Applications for cenae is aought for a Iceation which of police or any councilman of the Vil- refund of liquor license fees may be was not objectionable under thia proviaion lage. The prohibition of t$is ordinance tonaidered by the Council when the at the time the initial license for said shall extend for one year from the date operation of the licensed buainesa has location was iasued, the renewal licenae of the aervice of the notice. When :no- . ceased for any of the following reasons, shall not be refused because of construc- tiee is served by an outhorized person to-wit: tion of schools or churches within 1,000 not a Village official, a copy of the ~(1) Aestruction of the licensed prem- feet of such location after the initial notice shall also be served upon the ises by fire or damage by fire to license was issued. Village Clerk but the prohibition of . such an extent that the ]icensee 3ubdivision 4. No license shall be this ordinance shall be effective without -ceases to carry on the licensed issued for any premisea owned by a per. such additional service. businesa, or destruction or damage aon to whom no ]icense could be issued 3abdiviaion 14. No lieenaee shall keep Eo said extent by any other catas- under the provisions of Secs. 340.07 to ethy] alcohol or neutral apirits, on the trophe or cause; 340.40, except as otherwise provided premisea or permit their use on the . (2) Discontinuance of the busineas of herein and except as provided by Sec. premises either alone ot mixed with - the licensee by reason of death or 340.13, Subd. 3, all references being to any other beverage. illnesa of the licensee: Minneaota Statutes Annotated which are 3ection 9. Hoara of 3ale. ~3) A change in the liquor etatus of hereby incorporated herein by reference. Nq sale of intoxicating liqu shall the municipality which makes it Subdiviaion 5. No "off sale" ]icenae be made after 1 a.m. on Su ay, nor, unlawfu] for the licensed business shall be iasued for any place where between the hours of 1 a.m. an 3 o'clock to continue, non-intoxicating malt beverages are aold p m. on any Memorial Aay, r between In the event of application for "on sale", except as permitted under th ours of 1 a.m_ and S'clock p,m. refund for any of the foregoing the provisions of Sec. 340.13, Subd. 3. on a Election DaY. "Ele ion Daq" as reasons, which application shall 3u6division 6. No ]icense shall be use& h ein, means a nicipal elecs be made within 30 days after the granted for any place, except an exclu- tion in e Village of den Hilla held happening of any such event, the sive liquor store, for which a]icenae of pursuant t ordinance. r resolntion, or Counci] may, at ita discretion, re- another class has been granted under any state e ction, b dnes not mean fund a pro rata portion of such this ordinance. school diatrict electio of any type. No license. 3ection 8. Conditiona of Licenae. "on sale" sha be made between the 3ection 5. Granting of Licenaea. Subdivision 1. Every lieenae shall be hours of 1 a. d 8 a.m, on any Q 3n6diviaion 1. The Village Council g'ranted sub]ect to the conditiona in the weekday. No "of sale" shall be made ` may make, or cause to be made, such following subdivisions and all other gro- before 8 a.m. or z 8 B.m. of any day inveatigation as it deems appropriate of visions of this ordinance and of any except Saturday o except the days the claims aet forth in the application. other applicable ordinance of the Village preceeding the o]ida here:nafter spe- The Council may also, if it deema it or atate law. cifically set f th, on which' days and advisable, hold a public hearing rela- Subdivision 2. The ]icense shall be on Saturdays "off sale' may be made tive to the issuance or refusal of any Pooted in a conspicuous place on the until 10 p. , unless the ale of liquox license under the provisions of this licensed premises at all times. on such da is otherwise rohibited by ordinance. The granting of "on aale" 5ubdivision 3. Every licensee shall be ]aw or by thia section. No "off aaJe" and "off sa]e" liquor licenses shall be resPOnaible for the conduct of his place shall be de on New Year's ay, Janu- discretionary with the Council. No "off of bueiness and the conditions of aobrietY ary 1; emorial Dap, May ; Indt sale" liquor license shall become ef- and order in it. The act of any employee pendenc Daq. July 4; Than sgiving fective unti] it, together with the bond on the licensed premises authorized to sell Day; Christmas Day, Decem r 26. fvrnished by the applicant, has been ap- or serve intoxicating ]iquors shall be Notw' standing the foregoing, no "oYf proved by the Liquor Controt Commis- deemed to be the act of the licensee as sale" shall be permitted on Dece ex sinner. well and the ]icensee shall be liable for 24 ter 8 o'clack p.m. - Subdiyision 2. Each license shall be all penalties provided by this ordinance Section 10. Clabs. isaued to the aBplicant only. Each li- e4ua11y with the employee. No club holdirig a club ]ieenae for the eense shall be iasued only for the prem= Subdiviaion 4. No °off sale" licensee sale of intoxicating ]iquor shall eell iaea described in the application. No shall sell "on sale" or permit the con- ]iquor exceBt to membere of the club. licenae may be transferred to another sumption of any liquor on the licensed Section 11. Reatrictinns on Purchase person or to another place without the premisea. or Conaamption. approval of the Village Council. Appli Subdivision 5. No ]icense shall be Subdivision 1. No minor shall mis- - cation for transfer shall be made in effective beqond the compact and con- represent hia age for the purpoae of ob- ' writing to the Village Clerk and shall tiguous space named in the iicense for ' taining liquor or 3.2 beer nor shall he be accompanied by certified i which it wae granted, subject to the enter any premises liceneed under this ' money order in the amount 100.00~ exceptions permitted by state ]aw and ordinance in order to procure such bev- payable to the Village Treasurer, w~c Aarticularly those in Sec. 340.13. Subd, erages, or to consume or gurchase or amonnt ia fixed as the transfer fee. The 3• attempt to purchase, or have another Couneil shall make or cauae to be made Su6division 6. No Iiquo shall be aold, pnrchase for him, such beverages, on - such investigation as it deema appropri- furnished or deli ed r any purpoae licensed premises. ate regardinq the transferee or the pro- to any peraon und e age of 21 years Subdivieion 2. No peraon shall iraluce posed location. Thia provision shall also or to a habitua n rd or to any per- a minor to purcLase or procure liquoY. apply in the event of son obvious] iatoxicat or to any of Sabdivision 3. No person shall give application by a corporate licensee for transfer of stock the perso to whom sa 's prohibited to, procure, or purchase liquor for any other person to whom the in tbe corporation, provided that no e by sta aw. minor or ~ f intoxicating liquor is forbidden transfer £ee ahall be charged if the Subdiviaion . No pe on under 21 sale o transfer is the first within the period Years of age s all b mployed in any b9 law, of the license or the stock sought to be rooms constituti e place in which ~ 3u6division 4. No peraon shall mix txansferred does not constitute fifty per- intoxicating li s are sold aC ietail or prepare liquor for consllmption,in anp 11 on sale". oo table or billiard table nublic place of busineas not licensed to ' cent or more of the outstanding common stock of the corporation. shall be t or us d in any "on eale" Qa, $ sell liquor "on sale" and no _person shall , Subdiviaion S. The Clerk shall, with- premise except a c b. consume liquor in any such place. in 10 days after the isauance of any on Subdivision S. No ]icensee shall keep, Subdivieion 5. No liquor shall be sold, sale" ]icense under this ordinance, sub- Possess, or operate or permit the keep- or consumed on a public highwa or mit to the Liquor Contro] Commiaeioner ing, possession, or dperation of, on the in an automobile. y*~---~ the full name and addres$ of each per- licensed premises, or in any room ad- Section 12. Revocation of Licenses. eon granted a license, the tradename, the joining the licensed premises, any slot The Council may suspend or revok@ effeetive license date, and the date of machine, diee, or any gambling device any liquor licenae for violation of any ~ expiration of the license. He shall also or aPParatus, nor permit any gambling Provision or condition o£ this ordin- submit to the Liquor Control Commisaion- therein, nor permit the licensed premisex - ance or violation of any state law regu- er any change of address, transfer, or any room in the same, or in any lating the sale of intoxicating liquor., can- cellation or revocation of adjoining building, directly or indirect- Except where mandatory revocation is any on sale" or "off sale" license by the Council ]y under its control, to be used as a Provided by law,' revoeation pr sus- during the licenae period. resort for prostitutes or other disorder- pension of a license by the Council'shall Section 6. Peraons Inetigible For Li- 1y persons. be preceded by a hearing, aed the li- cense. Sabdivieeon 9. No equipment or fix- censee shall receive at least ten days' No ]icenae shall be ture in any licensed place shall be owned notice is writing of the time and place granted to or held b9 any peraon: in whole or in part by any manufactur- of the hearing. The notice shall state er or distiller of intoxicating liquor. the nature of the chargea against the (1) Who ia barred from holding a li- 3ubdivision 10. Any peace officer, licenaee and shall state the time and eense under the provisions of Sea health officer, or any properly-designated P1ace of the hearing. 340.13, Subd. 4 of Minnesota officer or employee of the Village shall 3ection 13. Ordinances No. 32, 68 and Statutes Annotated, which ia here- have the unqualified right to enter, in- 75 are repealed as of the effective date . by incorporated by reference here- apect, and aearch the premiaes of the of this ordinance, but this shall not a£- in. licensee during business hours without fect the validity of licensea heretofore (2) Who is a neanufacturer or who7e- a warrant. issued thereunder, nor shall this re- saler of intoxicating liquors, but 3a6diviaion 11 lease or foregive any license fees ac- ` this restriction shall not . No licensee shall sell, Drevent offer for sale, or keep for sale, intoxicat- u payable under the provis9ons auch ordinancea. the issuance of a license for leased ing ]iquors in any origina] package of ~ e premiaes where a manufacturer or which has been reailled or pgit]y re- 3ection Severability. r- - wholesaler was a bona fide owner filled. No licensee shall directly or tion valid of by thi14.s any orcoudirt,nance the shall If remain be any der held po in there- of the premises prior to Novem- through any other person dilute or in ber 1, 1933. any manner tamper with the contenta of of shall remain 9n full force arid effect, ' (3) Who is directly or indirectly in- any original package so as to change and al] parts of this ordinance shall be tereated in any other establish- its composition or alcoholic content considered severable for said DurDose$• ment in the municipality to which while in the original package. Posaession 3ection 15. P alty, peraon vSo-_ ~ a licenae of the same clasa has on the licensed premises by any licensee lating any pmv on this ordinanee shall be guilty o 8 mid been issued under this ordinance. of any intoxicating liquor in the original s emeanor and '~r4) ~o is prohibited from holding package differing in compoaition or al- uBOn conviction sha be Duniehed by a. . a licenee under any ]aw of the coholic wntent from the liquor when fine of not more $100.00 or' im- 3tate of Minnesota. received from the manufacturer or whole- Drisonment in the Co , ty jail for not Section 7. Places Ineligible For Li- saler from whom it was purchased more than 90 day . cenae. shall be prima facie evidence that the Section 16. Effective Date. This or- 3nbdivision 1. No license shall be is- contents of the original package have dinsnce shall be in full force and ef- aued to a drug store until it has been been diluted, changed, or tampered with. fect from and ~ after its passage and operated continuously for two years prior 3n6divisio 12. No ' sale" liquor Bublication according to law. to the apnlication. establishmen shall ' sy liqaor when I'assed by the Council of Arden Flills Snbdivision 2. No license shall be open to the pu ' uring hours when the this 16th day of NovemAer, 196~6. granted for operation on any premises sale of liquor s ohabited by this or- D. F. BENNEDY, Mayor on whieh taxes, assessments or other dinance. Attest: Lorraine E. Stromquiet ifnancial claims of the Village are de- ~ e7 Administratine Clerk tin4uent and unpaid. ' 1-7`~ Lr.. 3 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 - Snbdivision 7. Refand of Feea. Ex- Sa6division 3. No initial license, as Sabdivision 13. No pereon shall aell cept se provided herein, no part of the contrasted to a renewal ]icense, shall be intoxicating ]iquor to any apendthrift or fee paid for any licenae issued under granted for any ]ocation within 1,000 improvident Berson after written notice thia ordinance shall be refunded, nor feet of any achool or any church esist- not to do ao hae been served on him by shall any portion of the fee determined ing on the effective date of this ordin- a parent, husband; wife, adult, child, or to be due for a license issued under this ance. In the event that a renewal li-' guardian of such pereon or by the chief ordinance be cancelled. Applications for cenae is sought for a location which of police or any councilman of the Vil- refund of liguor license feea may be was not objectionable under this provision Yage. The prohibition of this ardinance conaidered by the Council when the at the time the initial license for said shall extend for one year from the date operation of the licensed business has location was issued, the renewal license of the aervice of the notice. When no- ceaaed for any of the following reasons, ahall not be refused becauae of construc- tice is aerved by an outhorized Deraon to-wit: tion of schools or churches within 1,000 not a Village official, a coDY of the (1) Destruction of the licensed prem- feet of auch location after the initial notice shall also be served upon the iaea by fire or damage by fire to license was isaued. Village Clerk but the prohibition of such an extent that the ]icenaee Subdivision 4. No license shall be this ordinance ahal] be effective without eeases to carry on the licenaed issued for any premises owned by a per- such additional service. businesa, or deatruction or damage eon to whom no license could be issued 3nbdivision 14. No licenaee shall keep to said eactent by any other catas- under the provisiona of 5eca. 340.07 to ethyl alcoho] or neutral eDirita on the trophe or cause; 340.40, except as otherwise provided premiaee or permit their use on the (2) Discontinuance of the business of herein and except as provided by Sec. Premisea either alone or mixed with the licensee by reason of death or 340.13, Subd. 8, all references being to any other beverage. illness of the ]icenaee: Minnesota Statutes Annotated which are 3ection 9. Hours of Sale. (3) A change in the liquor status of hereby incorporated herein by reference. No sale of intoxicating liquor shall the municipality which makea it Subdivision 5. No "off sale" license be made after 1 a.m. on $unday, nor unlawfu] for the licenaed busineas shall be iesued for any place vrhere between the houra of 1 a.m. and S o'clock to continue. non-intoxicating malt beverages are sold p.m. on any Memorial Day, nor between In the event of application for "on sale", excent as permitted under the hours of 1 a.m. and 8 o'clock p.m. refund for any of the foregoing the provisiona of Sec. 340.13, Subd. 3. on any Election Day. "Election Day" as reasons, which application shall Subdiviaion 6. No license shaU be used herein, means a municipal elec- be made within 80 days after the granted for any place, except an exclu- tion in the Village of Arden Hilla held happening of any such event, the sive ]iquor store, for which a licenae of Durauant to ordinance or resolution, or Couneil may, at its diacretion, re- another elasa has been granted under any state election, but doea not mean fund a pro rata portion of auch this ordinance. achool diatrict elections of any type. No license. 3ection 8. Conditione of License. "on sale" shall be made betwcen the Section 5. Grantmg of Licenaee. Subdivision 1. Every license shall be hours of 1 a.m. and 8 a.m. on any 3nbdiviaion 1. The Village Council granted aubject to the conditiona in the weekday. No "off sale" shall be made may make, or cause to be made, such following subdiviaions and all other pro- before 8 a.m. or after 8 p.m. of any day inveatigation as it deema appropriate of viaiona of this ordinance and of any except Saturday or except the days the claims aet forth in the application. other applicable ordinance of the Village ereceeding the holidays hereinafter spe- The Council may also, if it deems it or state law, cifically set forth, on which days and advisable, hold a public hearing rela- Subdiviaion 2. The license shall be on Saturdays "off sale" may be made tive to the isauance or refusal of any poated in a conapicuoua place on the until 10 p.m., unleas the sale of liquor license under the provisiona of this licenaed premisea at all timea. on such days is otherwise prohibited by ordinance. The granting of "on sale" Subdivieion 3. Every licensee shall be ]aw or by thia aection. No "off sale" and "off sale" liquor licenaea shall be reaponeible for the conduct of his place shall be made on New Year's Day, Janu- discretionary with the Council. No "off of buainesa and the conditions of aobriety ary 1; Memorial Day, May 30; Inde- aale" ]iquor ]icense shall become ef- and order in it. The act of any employee pendence Day, July 4; Thankagiving fective unti] it, toAether with the bond on the licensed premises authorized to sel] Day; or Christmas Day, December 26. furnished by the or serve intoxicating ]iquors shall be Notwithatanding the foregoing, no "off applicant, has been ap- Hroved by the Liquor Control Commis deemed to be the act of the licenaee as sale" shall be permitted on December - sioner. well and the licensee shall be liable for 24 after 8 o'clock p.m. Sa6diviaion 2. Each licenae shall be all penalties provided by this ordinance Section 10. Clabe. issued to the applicant only. Each li- e9ually with the employee. No club holding a club lieense for the cense shall be iasued only for the prem- 3ubdivieion 4. No "off sale" licensee sale of intoxicating liquor shall sell iaes described in the application. No shall aell "on sale" or permit the con- liquor except to membera of the club. license may be tranaferred to another sumption of any liquor on the licensed 3ection 11. Restrictions on Purchaae peraon or to another place without the premisea. or Conenmption. gubdiviaion 5. No ]ieense shall be 8abdivision 1. No minor shall mis- cation approva] for of the transfer shVillageal] Council. Appli- effective beyond the compact and con- represent hia age for the purpose of ob- writi be made in tiguous apace named in the license for taining tiquor or 3.2 beer nor shall he ng to the Village Clerk and shall be accompanied which it wae Sranted, subject to the enter any premises licensed under thie by certified check or money order in the am exceptions permitted by state law and ordinance in order to Brocure auch bev- payable to the Village ount of Treasurer, w$100.00hich particularly thoae in Sec. 340.13, Subd. erages, or to conaume or purchase or mpt to purchase. or have another amount is fixed as the transfer fee. The S atte Council shall make or Subdivision 6. No ]iquor shall be sold, Durchase for him, such beveragea on cause to be made auch i furnished or delivered for any purpoae licenaed premisea. nvestigation as it deems appropri- ate to any person under the age of 21 years Sabdivision 2. No person shall induce regarding the transferee or the pro- posed location. This or to a habitual drunkard or to any per- a minor to purchase or procure liquor. provision shall also aPply in the event of gen obviously intoxicated or to any of 3ubdiviaion 3. No peraon shall give application by a corporate ]ieensee for transfer of stock the persons to whom sale is prohibited to, procure, or purchase liquor for any or other person to whom the in the corporation, provided that no by atate law. minor pale of intoxicating liquor i~ forbidden transfer fee shall be charged if the Subdivision 7. No person under 21 by law. transfer ie the first within the period Years of age shall be emplo9ed in any Sn6division 4. No peraon shall mix of the license or the stock aought to be rooms conatituting the place in which liquor for consumption in any transferred does not constitute fifty per- intoxicating liquors are aold at retail or prepare cent or more of the outatanding common on sale". No pool table or billiard table public place of buainesa not ]icenaed to stock of the corporation. shall be kept or used in any "on sale" sell liquor "on sale" and no peraon shall such place. Sabdivision 3. The Clerk ahall, with- premisea except a club. consume liquor in any Sabdivision 5. No ]iquor shall be sold in 10 days after the issuance of any "on Snbdivision 8. No licenaee shall keep, d on a public hi hway or ' sale" license under this ordinance, sub- Possess, or operate or permit the keep- or consume g mit to the ing, poasession, or operation of, on the in an automobile. Liquor Control Commiasioner the full licensed premises, or in any room ad- Section 12. Revocation of Licenses. name and address of each per- son granted a]icense, the tradename, the loining the licensed premises, any slot The Council may suspend or revoke liquor ]icense for violation of an effective license date, and the date of machine, dice, or any gambling device any Y or apparatus, nor permit any gambling provision or condition of thia ordin- expiration of the ]icenae. He shall also submit to the therein, nor permit the licenaed premises ance or violation of any state law regu- Liquor Contro] Commiesion- or any room in the same, or in any lating the sale of intoxicating liquor. er any change of address, tranafer, can- adjoining building, directly or indirec~ or "off sale" license by the Couneil ~cept where mandatory revocation is cellation or revocation of any on eale" ]y under its control, to be used as a provided by law, revocation or sus- during the license period. resort for Proatitutes or other disorder- Pension of a licenae by the Couneil shall 3ection ly peraons. be preceded by a hearing, and the li- cense. 6. Peraona Ineligible For Li- Subdivision 9. No e4uipment or fix- cenaee shall receive at least ten daya' No ]icense shall be ture in any licenaed place shall be owned notice in writing of the time and place granted W or held by any in whole or in of the hearing. The notice shall state peraon: part by any manufactur- er or distiller of intoxicating liquor. the nature of the charges against the (1) Who is barred from holding a ti- Snbdivision 10. Any peace officer, licenaee and shall state the time and cense under the provisions of Sec. health officer, or any properly-designated Dlace of the hearing. 340.13, Subd. 4 of Minneaota officer or employee of the Village shall Section 13. Ordinances No. 32, 68 and Statutes Annotated, which ie here- have the unqualified right to enter, in- 76 are repealed as of the effective date by incorporated by reference here- spect, and aearch the premisea of the of this ordinanee, but this shall not af- in' licensee during buaineae hours without fect the validity of licensea heretofore (2) Who is a manufacturer or whole- a warrant. issued thereunder, nor shall thia re- saler of intoxicating ]iquors, but 9a6diviaion 11. No ]icensee shall aell, ]ease or foregive any license fees ac- this restriction shall not prevent offer for sale, or keep for sale, intoxicat- crued or payable under the provisions the iasuance of a]icense for ]eased ing liquors in any original package af auch ordinancee. premises where a manufacturer or which has been refil]ed or paztly re- 3ection 14. 3evera6ility. If any por- wholesaler was a bona fide owner filled. No licensee shall direetly or tion of this ordinance shall be held in- of the premises prior to Novem- through any other peraon dilute or in valid by any court, the remainder there- ber 1, 1933. any manner tamper witL the contents of of shall remain in ful] force and effect, (3) 'Who ia directly or indirectly in- any origina] package ao as to change and sll parts of thie ordinance shall be terested in any other establish- its composition or alcoholic content conaidered severable for eaid purpose9. ment in the municipality to which while in the original package. Poasession 3ection 15. PenalLy. Any person vio- a license of the same class has on the licenaed premiaes by any licensee lating any provision of this ordinance 'been issued under thia ordinance. of any intoxicating liquor in the original shall be guilty of a miademeanor and (4) Who ia prohibited from holding package differing in composition or al- upon conviction shall be puniahed by a a license under any law of the coholic content from the liquor when fine of not more than $100.00 or im- State of Minnesota. received from the manufacturer or whole- Prisonment in the County jail for not 8ection 7. Places Ineligible For Li- aaler from whom it was purchased more than 90 days. cenSe• shall be prima facie evidence that the 3ection 16. Effective Date. Thia or- Sn6divieion 1, No license shall be ia- contente of the original package have dinance shall be in full force and ef- sued to a drug store until it has been been diluted, changed, or tampered with. fect from and after its passage and operated continuously for two years prior 3ubdiviaion 12. No "on sale" liquor Publication aocording to ]aw. to the application. establishment shall display liquor when 1'a$aed by the Counci] of Arden Hills Sabdivision 2. No license shall be open to the public during houre when the this 15th day of November, 1966. granted for operation on any premisea sale of liquor is prohibited by this or- D. F. KENNEDY, Mayor on which taxes, assesamenta or other dinance. Attest: Lorraine E. Stromquist ifnancial claims of the Village are de- Adminiatrative Clerk linquent and unpaid. 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 Subdivieion 7. Refnnd of Fees. Ex- 3abdivision 3. No initial license, as Sn6division 13. No person shall sell cept as provided herein, no part of the contrasted to a renewal license> shall be intoxicating liquor to any spendthrift or fee paid for any license issued under Sranted for any ]ocation within 1,000 imDrovident person after written notice this ordinance shall be refunded, nor feet of any school or any church exiat- not to do so has been aerved on him by shall any portion of the fee determined inS on the effective date of thia ordin- a parent, husband, wife, adult, cluld, or to be due for a license ieaued under this ance. In the event that a renewal li- guardian of such person or by the chief ordinance be cancelled. Applicationa for cense is eought for a location which of police or any councilman of the Vi]- refund of liquor license fees may be was not obiectionable under thia provision lage. The nrohibition of this ordinance considered by the Council when the at the time the initial licenae for said shall extend for one year from the date operation of the licensed business hae location was iasued, the renewal license of the service of the notice. When no- ceased for any of the following reasons, shall not be refused becauae of construc- tice ia served by an outhorized pereon to-wit: tion of achools or churches within 1,000 not a Village official, a copy of the (1) Destruction of the licensed prem- feet of euch location after the initial notice shall alao be served upon the isea by fire or damage by fire to license was iseued. Village Clerk but the prohibition of such an extent that the licenaee Subdivision 4. No license shall be thia ordinance shall be effective without ceasea to carry on the licensed iasued for any premiaea owned by a per- such additional service. bvsiness, or destruction or damage son to whom no ]icenae cou]d be isaued 3ubdiviaion 14. No licensee shall keeD to said extent by any other catas- under the provieions of Secs. 340.07 to ethyl aleohol or neutral spirits on the trophe or cause; 340.40, except as otherwise provided premiaee or permit their uae on the (2) Discontinuance of the business of herein and except as provided by Sec. premises either alone or mixed with the licenaee by reason of death or 340.13, Subd. 3, all referencea being to any other beverage. illneas of the licensee; Minnesota Statutea Annotated which are SeMion 9. Hours of Sale. (3) A change in the liquor atatus of hereby incorporated herein by reference. No sale of intoxicating liquor shall the municipality which makes it 3ubdivision 5. No "off sale" licenae be made after 1 a.m. on Sunday, nor unlawful for the licenaed business shall be isaued for any place where between the hours of 1 a.m. and 3 o'clock to continue. non-intoxicating malt beverages are aold p.m. on any Memoriai Day, nor between In the event of apDlication for "an sale", excent as Permitted under the hours of 1 a.m. and 8 o'clock p.m. refund for any of khe foregoing the Provieiona of Sec. 340.13, Subd. S. on any Election Day. "Election Day" as ressons, which applicstion shall Subdivision 6. No ]icense shall be used herein, meana a municipal elec- be made within 80 days after the granted for any place, except an exclu- tion in the Village of Arden Hills held happening of any euch event, the sive liquor store, for which a licenae of Durauant to ordinanee or resolution, or Council may, at ita diacretion, re- another clase has been granted under any state election, but does not mean fund a pro rata portion of auch tliis ordinance. school district electjons of any type. No licenae. Section 8. Conditione of License. "on sale" shall be made between the Section 5. Grsnting of Licenaee. Sabdivision 1. Every licenae shall be hours of 1 a:m. and 8 a.m. on any Sabdiviaion 1. The Village Council granted aubject to the conditiona in the weekday. No "off sale" shall be made may make, or cause to be made, euch following subdivisions and all other Dro- before S a.m. or after 8 D•m• of any day inveatigation as it deems appropriate of visiona of this ordinance and of any except Saturday or except the days the claims set forth in the application. other applicable ordinance of the Village preceeding the holidays hereinafter spe- The Council may also, if it deema it or atate law. cifically set forth, on which days and advisable, hold a public hearing rela- 3nbdivision 2, The license shall be on Saturdays "off sale" may be made tive to the issuance or refusa] of any posted in a conspicuoua place on the until 10 p.m., unlesa the sale of liquor such days ia otherwise nrohibited by license under the provisiona of this licenaed premiaea at all times. on ~a~y or by this aection. No "off sale" ordinance. The granting of "on sale" Subdiviaion 3. Every licensee shall be shall be made on New Year's Day. Janu- and "off sale" ]i9uor ]icenses shall be reaponaible for the conduct of his Place 1; Memorial Day, May 30; Inde- discretionarq with the Council. No "off of businesa and the conditions of aobriety ary eale" ]iqnor ]icense shall become ef- and order in it. The act of any employee pendence Day. July 4; Thanksgiving fective until it, together with the bond an the licensed premises authorized to aell Day; or Chnatmae Day> December 25. furniahed by the applicant, has been ap- or serve intoxicating ]iquors shall be Notwithstanding the foregoing, no "off deemed to be the act of the licenaee as sale" shall be permitted on December Broved by the Liquor Control Commis- eioner. well and the ]icensee shall be liable for 24 after 8 o'clock p.m. 3abdivision 2. Each licenae shall be all penalties provided by this ordinance Section 10. Claba. iesued to the equally with the employee. No club holding a club lieense for the app]icant only. Each li- cense shall be 3ubdivision 4. No "off sale" licensee sale of intoxicating Iiquor shall sell iasued only for the prem- iaea described in the shall sell "on sale" or permit the con- liquor except to membera of the club. application. No license may be tranaferred to another sumption of any liquor on the licenaed Section 11. Restrictions on Parchase nereon or to another place without the premises. or Conaqmption. 3ubdivision 1. No minor shall mis- approval of the Village Council. Appli- Sabdivision 5. No ]icense shall be t his age for the pureose of ob- cation for transfer shall be made in effective beyond the compact and con- repreaentaining liquor or 3.2 beer nor shall he writing to the Village Clerk and shall tiguous apace named in the license for enter any premiaea licenaed under this be accompanied by certified check or which it waa granted, aubiect to the dinance in order to Drocure such bev- money order in the . amount of $100.00 exceptions permitted by etate law and or to conaume or purchase or eayable to the Village Treasurer, which particularly those in Sec. 340.13, Subd. erages, or attempt to purchase, or have another amount ia fixed as the transfer fee. The 3• Counci] shall make or cauae to be made Su6division 6. No liquor shall be aold, Durchase for him, such beveragea on auch investigation as it deems furniahed or delivered for any purpoae ticenaed premiaes. appropri- ate regarding the tranaferee or to any person under the age of 21 yeare Subdivieion 2. No person shall induce the pro_ Dosed location. Thia or to a habitual drunkard or to any per- a minor to purchase or procure fiquor. provision shall also apply in the event of son obviously intoxicated or to any of 3ubdivision 3. No peraon shall give application by a corporate ]icensee for the persona to whom sale is prohibited to, procure, or purchase liquor for any transfer of stock in the corporation, provided that no by state ]aw. minor or other peraon to whom the tranafer fee shall be charged if the Su6diviaion 7. No person under 21 eale of intoxicating tiquor ia forbidden tranafer is the first within yeara of age shall be employed in any by law. the period Of the licenae or the atock rooms conatituting the place in which 3obdiviaion 4. No person shall mix sought to be tranaferred does not intoxicating liquore are sold at retail or prepare liquor for conaumption in any constitute fifty per- cent or more of the "on sale". No pool table or billiard table public place of business not licensed to outetanding common stock of the shall be kept or uaed in any "on sale" aell liquor "on sale" and no person shall corporation. 3abdiviaion 3. premises except a club. eonsurne ]iquor in any such ptace. The Clerk sha]], w~th- in 10 days after the isauance of Subdivision 8. No licenaee shall keep, Subdivision 5. No liquor shall be sold any on sale" licenae under this ordinance, sub- Posaess, or operate or permit the keep- or conaumed on a public highway or in an automobile. mit to the Liquor Control Commissioner Ing, possession, or operation of, on the 3ection 12. Revocation of Licenaes. the full name and address of each per- licensed premises, or in any room ad- son granted a license, the tradename, the joining the licenaed premises, any slot The Council maF suspend or revoke effective licenae date machine, dice, or any gambling device $ny liquor licer~se for violation of any , and tbe date of expiration of the license or apparatus, nor permit any gambling Provision or condition of thia ordin- submit to the . Iie shall also therein, nor permit the ]icensed premises ance or violation of any state law regu- er any change of aLi9uorddressControl Commisaion- or any room in the same, or in any lating the sale of intoxieating liquor. cellation or revocation of , transfer, can- adjoining building, directly or indirect- Except where mandatory revocation ia any on aale" or "off sale" ly under its control, to be used as a Arovided by law, revocation or aus- d license by the Counci] resort for prostitutes or other disorder- Pension of a licenae by the Couneil shall uring the license period. Section ly persons. be preceded by a hearing, and the li- cenae. 6. Persons Ineligible For Li- Sn6division 9. No e4uipment or fix- cenaee shall receive at least ten days' No license shall be ture in any licensed place shall be owned notice in writing of the time and place granted to or held by any person: in whole or in part by of the hearing. The notice shall atate any manufactur- er or dietiller of intoxicating liquor. the nature of the charges agsinat the (1) Who is barred from holding a li- Subdivieion 10. Any peace officer, ]icensee snd shall state the time snd cenae under the provisions of Sec. health officer, or any properly-designated Dlace of the hearing. 340.13, Subd. 4 of Minnesota officer or employee of the Village shall 9ection 13. Ordinancea No. 32, 68 and Statutea Annotated, which is here- have the unqualified right to enter, in- 76 are repealed as of the effective date by incorporated by reference here- spect, and aearch the premises of the of this ordinance, but this shall not af- 'n' licensee during business hours without fect the validity of licensea heretofore (2) Who is a manufacturer or whole- a warrant. isaned thereunder, nor shall thie re- saler of intoxicating liquora, but 6u6diviaion 11. No licenaee shall sell, lease or foregive any license fees aa thia restriction shall not prevent offer for sale, or keep for sale, intoxicat- crued or payable under 'the Drovieions the isauance of a license for ]eased ing liquors in any original package af such ordinancea. premisee where a manufacturer or which has been refi]led or partly re- Section 14. 3everability. If any por- wholesaler was a bona fide owner fi]]ed. No lieensee shall directly or tion of thia ordinance shall be held in- of the premises prior to Novem- through any other person dilute or in valid by any court, the remainder there- ber 1, 1933. any manner tamper with the contenta of of shall remain in full force and effect. (3) Who is directly or indirectly in- any original package so as to change and all pa.rts of this ordinance shall be tereated in any other eatabliah- its composition or alcoholic content considered severable for aaid Durposes. ment in the municipality to which while in the original package. Posaession 8ection 15. Penslty, Any peraon vio- a licenae of the same clasa has on the ]icensed premises by any licensee lating any provision of this ordinance been isaved ander this ordinance. of any intoxicating liquor in the original shall be gwlty of a misdemeanor and (4) Who is prohibited from holding package differing in composition or al- upon conviction shall be puniahed by s a licenae undez any law of the coholic content from the liquor when fine of not more than $100.00 or im- State of Minnesota. received from the manufacturer or whole- Prieonment in the County jail for not Section 7. Places Ineligible For Li- aaler from whom it was purchased more than 90 days. cense. shall be prima facie evidence that the . 3ection 16. Effective Date. This or- Sabdivision 1. No license shall be ie- contents of the original package have dinance shall be in fuJl force and ef- aued to a drug etore until it has been been diluted, changed, or tampered with. fect from and after its passage and operated continuously for two yeara prior 3ubdivision 12. No "on sale" liquor Dublication according to law. to the application. establishment shall display liquor when I'assed by the Council of Arden Hilla 3a6division 2. No licenae shall be open to the public during houra when the this 16th day of November, 1966. granted for operation on any premises sale of liquor is prohibited by thia or- D. F. KENNEDY, Mayor on whieh taxes, assesaments or otLer dinanee. Attest: Lorraine E. Stromquiat ifnancia] claims of the Village are de- Administrative Clerk ]inquent and unpaid.