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5-12-76 Meeting Attachment
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5-12-76 Meeting Attachment
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LIQUOR 158.10 <br />The term "interest" as used in this section includes any pecuniary <br />interest in the ownership, operation, management or profits of a <br />retail liquor establishment, but does not include bona fide loans; <br />bona fide fixed sum rental agreements; bona fide open accounts or other <br />obligations held with or without security arising out of the ordinary <br />and regular course of business of selling or leasing merchandise, <br />fixtures or supplies to such establishment; or an interest of ten <br />per cent or less in any corporation holding a license. A person <br />who receives moneys from time to time directly or indirectly from <br />a licensee, in the absence of a bona fide consideration therefor and <br />excluding bona fide gifts or donations, shall be deemed to have a <br />pecuniary interest in such retail license. In determining "bona <br />fide" the reasonable value of the goods or things received as <br />consideration for any payment by the licensee and all other facts <br />reasonably tending to prove or disprove the existence of any pur— <br />poseful, scheme or arrangement to evade the prohibitions of this section <br />shall be considered. <br />158.10. Places Ineligible for License. <br />1. No license shall be granted, or renewed, for operation on any premises, <br />on which taxes, assessments or other financial claims of the City or <br />of the State are due, delinquent or unpaid. In the event an action <br />has been commenced pursuant to the provisions of Chapter 278 14inn. <br />Stat. questioning the amount or validity of taxes, the Council may, <br />on application by the licensee, waive strict compliance with this <br />provision; no waiver may be granted, however, for taxes or any <br />portion thereof, which remain unpaid for a period exceeding one year <br />after becoming due. <br />2. No license shall be granted to any hotel or restaurant for premises <br />located within 1,000 feet of a public school or of any church, <br />except that with respect to "off sale" licenses the distance shall <br />be 300 feet. No "on sale" license shall be granted to any club, <br />as defined in this chapter, for operation on any premises located <br />within 1,000 feet of any public school or within 900 feet of any <br />church. In the case of a school, the distance is to be measured <br />in a straight line from the parcel or lot upon which the business to <br />be licensed is located to the nearest point of the parcel or iol. <br />upon which the school is located. In the case of a church, the distance <br />shall be measured in the same manner as above set forth, except it <br />is to be measured to the nearest point of the church building. The <br />erection of a public school or church within the prohibited area <br />after an original application has been granted shall not, in and <br />of itself, render such premises ineligible for renewal of the license. <br />Section 158.099 Subd. 5 amended by Ord. 63-39, adopted 10/7/63; Subd. 9 <br />amended by Ord. No. 64-50, adopted 6/29/64; Subds. 61 9 & 10 <br />amended by Ord. No. 65-12, adopted 3/15/65. <br />Section 158.10, Subd. 1 amended by Ord. No. 67-45, adopted 8/2'��''• <br />Subd. 2 amended by Ord. No. 71-85, adopted ll/1/71. <br />Clerk's exhibit no. 432 <br />(Revised 11/10/71) Meeting 5-12-76 <br />432 <br />
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