05-12-1976 Council Agenda - Laserfiche WebLink

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LIQUOR 158.10 The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of ten per cent or less in any corporation holding a license. A person who receives moneys from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any pur- poseful scheme or arrangement to evade the prohibitions of this section shall be considered. 158.10. Places Ineligible for License. 1. No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278 Minn. Stat. questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. 2. No license shall be granted to any hotel or restaurant for premises located within 1,000 feet of a public school or of any church, except that with respect to "off sale" licenses the distance shall be 300 feet. No "on sale" license shall be granted to any club, as defined in this chapter, for operation on any premises located within 1,000 feet of any public school or within 900 feet of any church. In the case of a school, the distance is to be measured in a straight line from the parcel or lot upon which the business to be licensed is located to the nearest point of the parcel or lot upon which the school is located. In the case of a church, the distance shall be measured in the same manner as above set forth, except it is to be measured to the nearest point of the church building. The erection of a public school or church within the prohibited area after an original application has been granted shall not, in and of itself, render such premises ineligible for renewal of the license. Section 158.09, Subd. 5 amended by Ord. amended by Ord. No. 64 -50, adopted amended by Ord. No. 65 -12, adopted Section 158.10, Subd. 1 amended by Ord. Subd. 2 amended by Ord. No. 71-85, 63 -39, adopted 10/7/63; Subd. 9 6/29/64; Subds. 6, 9 & 10 3/15/65. No. 67-45, adopted 8/21/67; adopted 11/1/71. (Revised 11 /10/71) 224m