HomeMy WebLinkAbout06-14-1989 AdditionsADDITIONS TO THE AGENDA
CITY OF LITTLE CANADA
REGULAR COUNCIL MEETING
June 14, 1989
1. Table Approval of the Minutes - May 24, 1989
2. Organized Collection and Recyclables
(Kathy Tipler would like to be heard as
Agenda Item No, 5 1/2 if possible)
3. Ronald Palmen - Mid Oaks Addition
See Correspondence: Page 1
4. Tom Theis - Extension on Filing Simple Lot Division
See Correspondence: Page 2
5. Little Canada Fire Department - Lawful Gambling
License Application Approval with waiver of the
waiting period
See Correspondence: Pages 3 -4
6. Approval of Seal Coating Bid
See Correspondence: Pages 5 -7
7. Boy Scouts or Girls Scouts - Vendor License for
Canadian Days
See Correspondence: Pages 8 -9
8. A resolution is needed for a workshop commencing at
7 :00 p.m. on July 19, 1989 with Bob Voto to review the
annual audit, the status of the storm sewer bonds and
other MSA projects.
9. Hiring Temporary Office Help
10. Approval of Soliciting License - Citizens for a Better
Environment
See Correspondence: Pages 10 -13
11. Cleaning of City Hall
See Correspondence: Page 14
12. Poor Richard's License Revocation
See Correspondence: Pages 15 -23
13. Off -Sale Liquor Sales on July 4 and January 1
See Correspondence: Pages 24-29
The State of Minnesota passed an amendment stating
that off -sale liquor establishments could be open on
July 4 and January 1 if the City okayed this request.
MGM is asking that Little Canada change its current
Municipal Code to allow them to be open on these two
days.
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MINUTES
City Council
July 13, 1988
Kleiss
Garage
Replacement
(Cont.)
Theis
Filing
Extension
Agenda
Addition
Saxon
Lounge
Pig Roast
Agenda
Addition
The foregoing resolution was duly seconded by Mr. Blesener.
Ayes (5) Collova, Blesener, Scalze, Fahey, LaValle.
Nays (0).
Resolution declared adopted.
This resolution appears in Resolution Book No. 20, Page 278.
Mr. Blesener introduced the following resolution and moved its adoption:
RESOLUTION NO. 88 -7 -274 - INSTRUCTING THE
CITY PLANNER TO PREPARE AN ORDINANCE AMENDMENT
INCORPORATING A PROVISION THAT ACCESSORY BUILDINGS
BUILT PRIOR TO 1980 CAN BE REPLACED OR REBUILT IN
THEIR EXISTING LOCATION, BUT NO CLOSER THAN 5 FEET
FROM THE PROPERTY LINE, AND FURTHER CALLING FOR A
PUBLIC HEARING FOR AUGUST 10, 1988 AT WHICH SUCH
ORDINANCE AMENDMENT WILL BE CONSIDERED
The foregoing resolution was duly seconded. by Mr. Fahey.
Ayes (5) Blesener, Fahey, Collova, Scalze, LaValle.
Nays (0).
Resolution declared adopted.
This resolution appears in Resolution Book No. 20, Page 279.
Mr. Thomas Theis, 644 East County Road D, has requested a 100 -day
extension to file a simple lot division which was previously approved
by the City.
Mrs. Scalze introduced the following resolution and moved its adoption:
RESOLUTION N0. 88 -7 -275 - APPROVING A 100 -
DAY FILING EXTENSION FOR THE THOMAS THEIS
PROPERTY DIVISION PER MR. THEIS'S REQUEST
The foregoing resolution was duly seconded by Mr. LaValle.
Ayes (5) Scalze, LaValle, Blesener, Collova, Fahey.
Nays (0).
Resolution declared adopted.
This resolution appears in Resolution Book No. 20, Page 280.
The Saxon Lounge has made application for a pig roast for Saturday,
July 23, 1988 and is also requesting permission to serve beer at the
pig roast.
The City Clerk reported that the Saxon held a similar event last year
with no problems. The Sheriff's Department has reviewed the request
and recommended approval.
Page 2
Charitable Gambling Control Board
Room N -475 Griggs- Midway Building
1821 University Avenue
St. Paul, Minnesota 55104 -3383
(612) 642 -0555
,eciv &wk
GAMBLING LICENSE &SAWN
FOR BOARD USE ONLY
License Number
PAID
AMT
CHECK#
DATE
INSTRUCTIONS:
A. Type or print in ink.
B. Take completed application to local governing body, obtain signature and date on all copies, and leave 1 copy. Applicant keeps 1
copy and sends original to the above address with a check.
C. Incomplete applications may be returned.
D. Enclose license fee with application.
Type of Application:
1C(ass A — Fee $ 100.00 (Bingo, Raffles, Paddlewheels, Tipboards, Pull -tabs)
101Class B — Fee $ 50.00 (Raffles, Paddlewheels, Tipboards, Pull -tabs)
DClass C — Fee $ 50.00 (Bingo only)
DClass D — Fee $ 25.00 (Raffles only)
Make checks payable to:
Minnesota Charitable Gambling Control Board
Check one: 01A. Organization has never been licensed.
01B. New site — Give base license number.
1 C. Renewal of existing license — Give complete license number.
01D. Change in class of an existing license — Give complete license number.
D Yes No 2. Has organization ever received a Lawful Gambling Exemption Permit from the Board?
permit number
� t7 ? 41
If yes, give complete
jYes0No
4. Applicant (Official legal name of or anization)
/ /T 71 ! , ,J.,1 1)4 i!F PP-er.
3. Have Internal Controls been submitted previously on a form provided by the Board? If no, please attach copy.
5. Business Address of Organization /
LAO F- J /rT /_ ( ,a, /iisit/ -<<'
City State, Zip 7. County 8. Business Phone Number
.� /7-71-.A."-- ,J472,4 MA /At cis-9/7 / f1/�isz- �/ ((/ 2 ) ei -c c/- ,»a.
9. Type of organization: ❑Fraternal ❑Veterans ❑Religious gOther nonprofit*
.If organization is an. "other nonprofit" organizationranswer questions -10 through12, - If.not,-go to question -13 -"other organizations
_must document its tax - exempt status.
YYYes0No 10. Is organization incorporated as a nonprofit organization? If yes, give number assigned to Articles or page and
book number: lc ice," ?d "..Attach copy of certificate. ) r> E
JZIYes ONo 11. Are articles filed with the Secretary of'State?
pees ONo 12. Is organization exempt from Minnesota or Federal income tax? If yes, please attach letter from IRS or Department of
Revenue declaring exemption.
0Yes 13. Has license ever been denied, suspended or revoked? If yes, check all that apply:
4(/ /t)
❑Denied ❑Suspended ORevoked Give date:
14. Number of active members
3 , /
15. Number of years in existence
q/
Note: Attach evidence of
three years existence.
16. Name of Chief Executive Officer (Cannotbe
17.
Name of treasurer or person who accounts for other revenues
Gambling Manager)
of the orge ation (Cannot be Gambling Manager)
rrAA /K t. f'I C;ZyK
(/41/21E-:5' Q1.'?':4,, r: /
Title -
Title
Business Phone Number i "."
Business Phone Number
(4 1 ) th;(t/ _9772
I (-/ ;) y, -4./-) 72,2
18. Name of establishment where gambling will be
r conducte
19.
Street address (not P.O. Box Number)
1
/lrr;E C /4ii/1.47/1 /'7 /j, /An 4/
,- -,29 Yi1 _iC.— gr.
200.. City, State,
"'
21.
County (wherre7 gambling is located)
/Zip
�` �J /�-^ n
gill/
/ /'7.77 ! ~- ( /�. /vi /22/l ,5 J ///
`preemises
l� ./'47511 y
CG-0001-0318/88)
White Copy -Board
Page 3
Canary- Applicant
Pink -Local Governing Body
Gambling License Application
Type of Application: lass A ❑Class B ❑Class C ❑Class D
VYes ❑No 22. Is gambling premises located within city limits?
Yes ❑No 23. Are all gambling activities conducted at the premises listed in #18 of this application? If not, complete a separate
application for each premises (except raffles) as a separate license is required for each premises.
❑YespNo 24. Does organization own the gambling premises? If no, attach copy of the lease with terms of at least one year, and
attach a sketch of the premises indicating what portion is being leased. A lease and sketch are not required for
Class D applications. ()JO •,, ;', /._,c�,.,,.
25. Amount of Rent Per 26. Do you plan on conducting bingo with this license? If yes, give days and times of bingo occasions.
Month or Bingo Occasion Day Time Day Time Day Time
S sC'a 00
'Yes ❑No 27. Has the S10,000 fidelity bond required by Minnesota Statutes 349.20 been obtained?
28.
Insurance Company Name (not agency name)
c. J (:' /.-... L. /
30. Le,ssor Name J
/7/((... < /(I/7/fR=n /1Lf/
33. •Gambling Manager Narme
l </1'4T0 is. /4nSS 7Z
36. Gambling Manager Business Phone
(/,9 ) / /nil- 232.5
�1
c� /1// ))1 /( /✓
31. Address
2.2 ti 4447 / /L
29. Bond,Number
32. A State,Zip
/ �1/{-<
/2
34. Address
S? g(? /,= /,-✓
3 . City, State, Zip
r,G(,€v,r%?./ l /9�,/
37. Date gambling manager became
member of organization:
Month ,S"' Year KS"
I Yes ❑No 38. Has the license termination form been completed? Attach copy. //71 F-1 C'/7-
fYes ❑No 39. Has the compensation schedule been approved by the organization? Attach copy. /`..y r%L[
40. List the day and time of the regular meeting of the organization. Day /11/41:941/ Time
41. Bank Name
` - n
42. Bank Address
43. Bank Account Number
r // ;72 , K
GAMBLING SITE AUTHORIZATION
By my signature below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site at any
time gambling is being conducted to observe the gambling and to enforce the law for any unauthorized game or practice.
BANK RECORDS AUTHORIZATION
By my signature below, the Board is hereby authorized to inspect the bank records of the gambling bank account whenever
necessary to fulfill requirements of current gambling rules and law.
I hereby declare that: OATH
1. I have read this application and all information submitted to the Board;
2. All information submitted is true, accurate and complete;
3. All other required information has been fully disclosed;
4. I am the chief executive officer of the organization;
5. I assume full responsibility for the fair and lawful operation of all activities to be conducted;
6. I will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree, if
licensed, to abide by those laws and rules, including amendments thereto;
7. Membership list of the organization will be available within seven days after it is requested by the board.
44. Official, Legal N?me of Organization 45. Signature (must be signed by Chief Executive Officer)
re.r ( i),)/l DA I-/1E /% r x
Title of Signer. i / Date
(J// /f
ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY
1 hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that
this application will be reviewed by the Charitable Gambling Control Board and if approved by the board, will become effective
60 days from the date of receipt (noted below) unless a resolution of the local governing body is passed which specifically
disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 60 days of the
below noted date.
46. Name of City or County (Local Governing Body)
/I/
I rTL_eC : / /% /j'1,i/% - .
If site is located within a township, item 47 must be completed, in
addition to the county signature. If township is not organized,
county must sign.
Signature of person, receiving application,( i
x L -/G T% � fig/y» // i. ^ /,/V, ,,,,.
47. Name of Township
Title
PC1 -Urj c..1.: _',t1- ..begins
/
Date received (60 day period
from this date)
Signature of person receiving application -
X
48. /lame of person delivering application to Local Governing Body
Title
CG- 0001 -03 18/88)
White Copy -Board
Page 4
Canary - Applicant
Pink -Local Governing Body
CITY OF LITTLE CANADA
SEAL COATING BIDS
JUNE 13, 1989 AT 11:00 A.M.
Allied Blacktop Co.
10503 - 89th Avenue No.
Maple Grove, MN 55369
Astech Corporation
PO Box 1025
St. Cloud, t4N 56302
Barber Construction Company, Inc.
5400 Rouland Road
Minnetonka, MN 55343
Bituminous Roadways, Inc.
2825 Cedar Avenue
Minneapolis, MN 55407
Buck Blacktop
32 So. Owasso Blvd.
Little Canada, MN 55117 $
Buffalo Bituminous
Highway 55
Buffalo, MN 55313 $
Fred J. Keller Blacktop
450 Hatch Avenue
St. Paul, MN 55117 $
$ 0, 5-37/0,a. yeC (SA a,14ci3.s3 TLC(�t
$
$
$ , lis'o Sq Y, 3)"1'70.3C0 TUM�i
T. A. Schifsky & Son, Inc.
2370 Highway 36
No. St. Paul, MN 55109
Total Asphalt Construction Co.
475 Minnehaha Avenue West
St. Paul, MN 55117
$
$
Page 5
Bids will be opened at 11:00 o'clock a.m., June 13, 1989
Place: City of Little Canada
Address: 515 Little Canada Road
By submission of a bid, the bidders certify that the seal
coating bid meets all requirements of this specification
and will be furnished accordingly.
Enclosed herewith, please fin�d a certified check or bidders
bond in the amount of $ 5 % being at least
5% (five percent) of our proposal made payable to the City
Clerk of the City of Little Canada as a proposal guarantee
which, it is agreed by the undersigned, will be forfeited
in the event the form of contract is not executed or the
proper performance bond is not furnished, if awarded to the
undersigned.
DATE Il3/89
COMPANY NAME At_LtEb 3LAMI -00Co
TITLE "VILE 'RE�SIOF BY E .Cod
ADDRESS OF BIDDER 10503 -89� ,v. kJ .
MAPLE. QR. aue, M>J .
PHONE NUMBEkot2)4Z5 -os7S C
TOTAL BID - TO SPECIFICATIONS 0.539
Page 6
/sq. yd.
Bids will be opened at 11:00 o'clock a.m., June 13, 1989
Place: City of Little Canada
Address: 515 Little Canada Road
By submission of a bid, the bidders certify that the seal
coating bid meets all requirements of this specification
and will be furnished accordingly.
Enclosed herewith, please find a certified check or bidders
bond in the amount of SS peace„- nrTwe Al-ft LE r,e eslo being at least
5% (five percent) of our proposal made payable to the City
Clerk of the City of Little Canada as a proposal guarantee
which, it is agreed by the undersigned, will be forfeited
in the event the form of contract is not executed or the
proper performance bond is not furnished, if awarded to the
undersigned.
DATE / ( ' ?/
COMPANY ,NAME
TITLE /,��.L_7 �' / c)? -74.-
BY /.!' /i�
ADDRESS OF BIDDER ���() <� t'C 4-'v
/
PHONE NUMBER � / `j
TOTAL BID — TO SPECIFICATIONS
Page 7
/sq. yd.
Office of:
JOSEPH G. CHLEBECK, Clerk
515 Little Canada Road
Little Canada, Minn. 55117
484-2177
CITY OF LITTLE CANADA
RAMSEY COUNTY, MINNESOTA
MEMORANDUM
TO: Joe Chlebeck
FROM: Mike Fahey
DATE: April 26, 1989
RE: Canadian Days Celebration
Joe, the following staff items need to be followed up on in
connection with the Canadian Days Celebration on August 11,
12 and 13.
1. We should write to the 55+ Club and talk to
Johanna to advise them that they must have a
license from the State Charitable Gambling Board
in order to sell their pot of gold tickets at the
festival. Advise them that they should apply for
a one -day license and that you anticipate no
problem in having the Council approve it.
However, we do not want to be placed at risk for a
"raid" because they do not have the appropriate
licenses.
2. Please confirm with McNamara that we have the
necessary dram shop and liability insurance in
place to cover the Canadian Days Committee members
in connection with the Celebration.
3s Please advise myself and Former Mayor Hanson on
whether it would be permissible under City Code to
allow the Boy Scouts or Girl Scouts to sell cans
of pop on the parade route. That is, is there any
requirement for a specific vendor license from the
City or the State, etc.?
MAYOR
Micheal Fahey
Page 8
COUNCIL
Beverly Scalia
Bill almoner
Rick Collova
Jim LaValle
805. WAGON VENDORS
805.010. LICENSE. No person who sells any merchandise,
including popcorn, soft drinks, ice cream or other confectionery
from a wagon, truck, automobile, pushcart or other vehicle shall
operate in the City without first procuring a license for such
business as herein provided; except that this shall not apply to
farmers selling their own produce.
805.020. APPLICATION AND FEE. Application for a wagon
vendor's license shall be made to the Clerk of the City on a form
to be provided by the Clerk. The fee for such license shall be
Twenty Five Dollars ($25.00) per year, and the license period shall
be the calendar year. The license fee for any part of a year shall
be the same as for a full year. The Clerk shall first obtain
approval of the Council before issuing such license.
805.030. RESPONSIBILITIES. Any licensee hereunder shall
be held responsible for nuisance emanating from his operation; and,
shall not permit debris, paper, bottles, cartons or other kinds of
waste from his mechandise to be deposited on any public or private
property. No such licensee shall park his vehicle in any place or
in any manner that constitutes a traffic hazard or a neighborhood
nuisance.
(Source: Ord. 36)
Page 9
May 24, 1989
EI i li '•�'1I Ii1 �
Joseph Claybeck, City Clerk-'
City of Little Canada
515 E. Little Canada Road
Little Canada, MN 55117
Dear Mr. Claybeck:
CITI
F
Envwonmear
Citizens for a Better Environment is now preparing for our
sixth annual door -to -door canvass. The canvass staff will
record pollution complaints, collect tax - deductible
contributions to support our research and education program,
and offer information on the ongoing efforts at CBE to
ensure a healthy environment for area residents.
CBE is a 501(c) (3) public charity. We sent you in the
past, relevant documents we have on file with the federal
and state governments that prove our status. I am
enclosing these once again.
We plan to conduct the canvass June 1 through July 15, 1989,
during the hours of four to nine P.M. Monday through Friday
and eleven A.M. to four P.M. on Saturdays. As always, the
canvassers carry photo I.D.'s and are required to be
courteous, polite, and respectful to people and their
property. If there are any complaints, please inform us
promptly, as improper conduct is grounds for immediate
dismissal.
I have enclosed a copy of our brochure which the staff will
be distributing. I have also enclosed a current list of
canvassers and the above - mentioned state and federal docu-
ments.
I would be pleased if you would send a written acknowledgement
that you have received these materials. Thank you for your
assistance. If you need additional information, please
feel free to call me at 724 -3066.
We look forward to meeting the residents of Little Canada
again this year!
Sincerely,
Don McCarten
Canvass Director
Citizens for a Better
Environment
Page 10
CANVASS LIST
CITIZENS FOR A BETTER ENVIRONMENT
MAY 1989
GARLAND HUNTER, JR.
7833 Hampshire Ave. No.
Brooklyn Park, MN 55408
11 -22 -40
DON McCARTEN
3123 14th Ave. So.
Minneapolis, MN 55407
6 -27 -53
M- 263 -149- 014 -502
MARY MELBERG
3302 Portland Ave. So.
Minneapolis, MN 55407
2 -29 -69
M- 416 -587 -461 -131
LISA KLEPPEL
656 Ashland Ave.
St. Paul, MN 55104
8 -16 -68
K- 414 -522- 071 -640
SEAN DAVID EGAN
10726 James Circle
Bloomington, MN 55431
4 -22 -63
E- 312 -50 -2919
DAVID HASKIN
3905 Vincent Ave. So.
Minneapolis, MN 55410
9 -25 -68
DARREN JOHNSON
3429 18th Ave. So.
Minneapolis, MN 55407
6 -26 -61
SARAH E. MAPPS
1507 Selby
St. Paul, MN 55104
3 -24 -66
AUTOS, 1982 PLYMOUTH VAN LIC. MEF 860
1982 CHEVY STATION WAGON LIC. LQG 805
Page 11
:a
tfir
Cont1emon:
r( lulir 'U; lra`ili. ",(1(j
inic.rnal,(3,evenue Service
NOV 20
$
hll r- t17- 72-{04
A r FI 2111 (tai)
,01 t1 r i For A Pcttor Fnviron, nt
2541 North Clark Street
Chicnra, I111n:,te 6061)r
Based on Information t:ula,li,::;, „rrl .,.: mini., your op.,rntrons will he as stated
In your application for rocoj•,n:1.13:; oI r:<u;:l:t Ie:i; wn h.tvir doter-mined you are
exempt from Fodoral Incom.n 1:1.4 ur.'i<r nectton h01(c)(3) of IL' Internal Revenue Codo.
We have further dutorn;ined you are not a private foundation within tho mean-
" Ing of section 500(a) of tho Curio, ht,uau:"o you are an orj;:tn;:.ation described In
eootion 170(b)(1)(A)(v1),
You are not llabil, for .; 1,;i ,. :rit.v (FICA) lr,xcs uni,'As you file a waiver
of exemption cor'tlficrito .u: pr:•v! I::.i`' <.i; tho tt,ceral insurance Contributions Act.
Yoi are not liable for too ta;:u, .r.;..>.,..I iH.dor the F,dural Unnmploy, cent Tax Act
(FUTA).
.Since you aro net o prlv•.t flea ::iorlon, you aro not suh,lnct to the excise.
taxos under Chapter •2 of the ilov.uvor, ��t,i . 11. ;101 automatically L'xo.apt from
other Fodoral excise ta.xcs.
Donors may deduct contr:l'li;!,.1.1 l a.; y.:.v:derl to section 170 of the
Codo. Bequests, i u j 3 a c l o ' ; , d , . : i 1 . : , : to you or for your use aro
deductible for Fadorai uc;l:lle oa !;'t . I.•;:1 i::: raider :uclions 20:15, 2100,
and 2522 of the Codo.
If your purposos, cr: ;:rector, r: It:10d or Y;,lr;lt:CsI is rhrutr,ed, you must Int
us know bO WO can Consider the nfj„ u( t0,, r';,inl•n ;,:I y,Cllr rye::j,l. !;t:ltu?.
y011 tAust inform 0.`7 of all chonj'i:'S 1!1 ,`j:lor ;tattle of ;I'I'Irnss.
If your gross rocu:pts each '; /Pt: „ru t,orr.tlly pore than S5.000, you are re-
lutred to fiio Form 991), 0elurn ef 5 - anl:'.,tics 0x-..p1 Elrod :eceme Tax, i.1' the
t5th day of tho fifth mo:tth nftor tL,. i'i;,l of your .i::t,ual ac.,:•nntlinr, period. The
law imposes a penalty of 510 a day, :.p in .1 :xu;.u::; or 5.003, for failure to file
1 roturn on Limo.
You are not rooni roll to fll,.. 1-5 :nye: I;;tc:^.1• fax i'ntllrn:; unless you aro ';Lob_
loot to the tax on unrol.ttoli 1M.II:' s I0(5 :55 tu:<lur nc.:lien 511 of the Codo. If
rou aro subject to this tax, you r;u:.l 1115 , omo tax roturn on Form 990 -T In
hie lottor we aro not :Iutor.r•,li;•.:,r. '•thut1,(';' :ny of your [resent or proposed activi-
:lon aro unrolatod trod,' or 1..l :;liar,';'; :t:, :0) irte<l in nocticn 513 of tho Codo.
You nood nn omplc,yor IdonLIfirt1.Ict: aumlnir even If you have no omployees. if
In employer idontlficntic❑ '.,.or not. nntored no your application. n numbor
rill be assigned to you and ynu will i;n e.Ivj:;n I of it Plea:,'' u:)o that numbor on
ill returns you filo and In all corro;j,0ndu:tco with the 10tornal Rovonuo Sorvico.
Pleaae hoop this determination totter In your permanent racords.
oat Irnwrc tco W. Schad
Page 12
stncnrnly yours.
nl dtr�l0
Charlfv1 F MIrlani
U1:ilrlat. ill rn<' ur
Acute;
t--
Ferro 1 -178 (Rev. 7 -71)
•
,�'•', tyu. 'x2i:, p,;,s�`.'�'I'.' •� ,:.aa , '`'.tas' Vii! ' ; WIPZa" o'kl:Y,.V, ri+ei� '+�'a'�+�r�(?;i4., 4 .' c '�. friur!`.?:i
NON PROFIT
FOREIGN CORPORATION •
Certificate of Authority
4689417
Be i L
■
(HOWII1, that
Citizens For A Better Environment
talon's corporate mane in Minnesota
Citizen; For A Better Environment
25o96
a corporation of the State of Illinois , incorporated on the .27th. _
dray of May , 19 71. , with perpetual existence
therefrom, and 2fIl(CI 111Nfn[rl1llS registered office the State rtG of !tIliInCSOtrl at
nuns /ier, -2.310 rill.vaukee Avenue, (*gent - Carole Ann Barth.. , in the City of
Minneapolis County of Hennepin ..... -- - - -__- _ -- -_ -, has
d1[lyranlplie 1 ici:hihe pro._ isinus of the :11 Ursula 1''orci,ru Corporation fart, Chapter
303, .11i11n!'sota .S1/,1hltrs, ,nld iv anthon ; i/ t0 do business herein with all the
powers, rlti /hey and leers and "llhiert to the limitations, duties ellld' T1',rtrll tlonS
?!/I1rh by /au- rrpprri,! // thr7'elo, as a foreign non profit corporation
defined by subdivisions 11 & 5 of Suction 2, Chapter 550, Laws of
1951
,,, s ;�•,g�� ^,*��, Witness my n,(%ICiat signature hereunto
subscribed rand the seal of the State of Minnesota
hereunto affixed this
November
sixteenth _day of
in the year of our Lord
one thousand nine hundred and eighty one
R a gp: 1 3 Secretary of State
This ctrtifcate dues not entitle this corpor.,tion to transact in Minnesota the business which only a
hank, trust cum■auy or a building and lout association may transact
p
1
p
fr
1
t
Maids Of sota
1901 Traffic Street N.E.
Minneapolis, MN. 55413
(612) 378-0180
June 8, 1989
RESIDENTIAL. • BUSINESS • COMMERCIAL
Maids Of ota
Hannie Delwichie
1901 Traffic Street N.E
Minneapoli MN 55413
(612) 378-0180
Little Canada City Hall
Attn: Annette Freeman
This is a quote in regards to your phone call on 6/2/89.
2 Bathrooms
1 Big Office
5 Small Offices
Hall
Council Chambers
Clean All
Carpet shampoo 8 rooms
Wash 18 windows inside and out.
1 Sliding glass door.
3 people on a Saturday for 8 hours
Total for this service would be $450.00
Thank you for thinking of us.
Kaydi Giehtbrock
378 -0180
Page 14
MEMORANDUM
RAMSEY COUNTY
Public Health Department
Rob Fulton, Director
Environmental Health Division
1910 W. County Rd. B. - Room 209
Roseville, Mn. 55113
633 -0316 — 298 -5972
TO: Recycling Coordinators
FROM: Richard J. Hlavka
DATE: June 5, 1989
RE: Various
This memo is to update you on a variety of topics and to
transmit a copy of the recycling guide and 1988 annual
report.
First, on Poor Richard's license revocation, their Ramsey
County license for the collection of garbage was officially
revoked as of the end of the business day on May 31. You may
wish to review with your attorney the ramifications of this
action. As things stand, however, Poor Richards cannot
collect garbage in Ramsey County at this time.
Secondly, enclosed please find a copy of the 1988 annual
report to the Metropolitan Council. This is provided for
your information and future reference. Please let me know if
you have any questions about the report's contents.
Lastly, enclosed please find a copy of the Ramsey County
Recycling and Disposal Guide. I realize that some of you may
have already picked up a copy of this, but I wanted to make
sure that all of you had at least one copy. Please feel free
to call me if you would like another copy or two.
If you have any questions on any of this, please do not
hesitate to call me at 633 -0316.
f;memcoor
Page 15
TOM FOLEY
COUNTY ATTORNEY
Poor Richard's, Inc.
400 Whitall Street
Saint Paul, MN 55
OFFICE OF THE COUNTY ATTORNEY
RAMMSEY COUNTY
SUITE 400
350 ST. PETER STREET
ST. PAUL, MINNESOTA 55102
May 31, 1989
Attention: Richard A. Wybierala, Manager
Re: License for Collection and
Transportation of Solid Waste
Dear Mr. Wybierala:
TELEPHONE t612i 298 -4-1,1
FAX 298 -531b
Attached hereto and served upon Poor Richard's, Inc., is a
certified copy of Resolution number 89 -416, adopted by the Board
of Ramsey County Commissioners, which revokes the License for the
Collection and Transportation of Solid Waste issued to the
Corporation by the Ramsey County Public Health Department. In
accordance with the provisions of Section VII(J)(2) of the Ramsey
County Administrative Ordinance, the terms of this Resolution are
effective upon service upon Poor Richard's, Inc., of a written
notice or copy thereof.
Upon service or this notice of Board action, Poor
Richard's, Inc., must immediately cease all activity within
Ramsey County which is, or has been, conducted under the license
for the Collection and Transportation of Solid Waste. You may not
collect or transport any solid waste which is generated within
Ramsey County, either directly or by lease or assignment or any
other arrangement with any other licensed hauler. You must
immediatrty_remove from service any vehicles, devices, or
receptacles which are utilized for these purposes.
Should the Corporation fail to comply with the provisions
of this Resolution it, and its officers and employees, may be
subject to criminal prosecution, civil suit, injunction, or all
of the above. In the event any of the terms of the Board's
Page 16
Poor Richard's, Inc.
Page -2-
t4ay 31, 1989
Resolution or this letter are not clear to you, you should
consult with your attorney immediately.
Very truly yours,
Harry D. McPeak
Assistant Ramsey County Attorney
cc: Ms. Bonnie C. Jackelen, Chief Clerk
Board of Ramsey County Commissioners
Mr. Robert W. Fulton, Director
Ramsey County Public Health Department
Mr. John E. Daubney
Attorney at Law
Page 17
Resolution
Board of
ieamsey Corn y commissioners
Presented By Commissioner McCarty
Attention: Budget & Accounting
Rob Fulton, Director, Public Health
Harry McPeak, Assistant County Attorney
Tom Foley, County Attorney
Date May 23,
1989 No. 89 -416
Page 1 of 6
BOARD OF RAMSEY COUNTY COMMISSIONERS
In the Matter of the License for
Collection and Transportation of
Solid Waste of Richard A. Wybierala
d /b /a Poor Richard's, Inc.
FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
DISPOSITIONAL RESOLUTION
RESOLUTION NO. 89 -416
This matter was heard on May 23, 1989 before the Board of
Ramsey County Commissioners as an appeal by this Licensee of the
decision of the Ramsey County Public Health Department revoking its
license for the Collection and Transportation of Solid Waste. The
Licensee appeared by its attorney, John E. Daubney, Attorney at
Law; its manager, Richard A. Wybierala was also present. The Ramsey
County Public Health Department was represented by Robert W.
Fulton, its Director, and Harry D. McPeak, Assistant Ramsey County
Attorney.
Pursuant to provisions of the Ramsey County Administrative
Ordinance, this matter was heard by a hearing officer, the
Honorable Phyllis A. Reha, Administrative Law Judge, who submitted
her proposed Findings, Conclusions, and Disposition to this Board.
The Public Health Department recommended that the hearing officer's
proposed Findings of Fact and Conclusions of Law be adopted, but
that her recommended dispositioc be rejected. The licensee
supported the hearing officer's recommended disposition.
Based upon the transcript of the proceedings before the
hearing officer, the exhibits admitted in evidence by the hearing
officer, the report of the hearing officer, and the arguments and
statements of and on behalf of the Licensee and Department made on
May 16, 1989 and May 23, 1989 the Board of Ramsey County
Commissioners accepts the Findings of Fact and Conclusions of Law
proposed by the hearing officer and hereby adopts the same in full
and incorporates herein by reference as though each was
specifically set forth. The Board of Ramsey County Commissioners
expressly rejects the disposition recommended by the hearing
officer.
Hal Norgard, Chairman
By
Page 18
(Continued)
Chked Clank - County Boand
Resolution
Board of
geamsery. Coun ly Commissioners
Presented By Commissioner McCarty
Attention: Budget & Accounting
Rob Fulton, Director, Public Health
Harry McPeak, Assistant County Attorney
Tom Foley, County Attorney
Date May 23, 1989 No. 89 -416
Page 2 of 6
Now, therefore, in addition to the Findings of Fact and
Conclusions of Law reported to this Board by the Honorable Phyllis
A. Reha, Administrative Law Judge, acting as a hearing officer
pursuant to the Ramsey County Administrative Ordinance, the Board
of Ramsey County Commissioners makes the following additional
Findings of Fact and Conclusions of Law and adopts the disposition
set forth herein:
FINDINGS OF FACT
1) The Licensee had adequate notice of: the effective date of the
implementation of Designation in Ramsey County; the definition
of Acceptable Waste, as that term is defined in the Ramsey
County Solid Waste Ordinance; and the requirement that all
Acceptable Waste generated within Ramsey County be delivered
to the Resource Recovery Facility at Newport, Minnesota.
2) The Licensee has asserted that its facility at 400 Whitall
Street in the City of St. Paul was, as of December 13, 1984, a
Resource Recovery Facility within the meaning of the Waste
Management Act of 1980 and the Ramsey County Solid Waste
Ordinance.
3) The Licensee has asserted that all Acceptable Waste generated
within Ramsey County and hauled by its vehicles was processed
at 400 Whitall Street as of December 13, 1984, the date of
approval by the Metropolitan Council of the Ramsey County
Designation Plan, and the date upon which a facility must have
been in operation in order to qualify for exemption, and at
all times subsequent thereto.
4) From the effective date of Designation, July 13, 1987, through
April 1989, the Licensee has caused virtually all Acceptable
Waste generated within Ramsey County and hauled by its
vehicles to be landfilled rather than delivered to the
Resource Recovery Facility at Newport.
. 5) The Licensee has realized enormous savings by delivering this
Acceptable Waste to landfill rather than to the Resource
Recovery Facility.
Hal Norgard, Chairman
By
Page 19
(Continued)
Ckiei C. ak - County Boah.d
Resolution
Board of
ieamsery. Goan & Commissioners
Presented By Commissioner McCarty Date May 23,
Attention: Budget & Accounting
Rob Fulton, Director, Public Health
Harry McPeak, Assistant County Attorney
Tom Foley, County Attorney
1989 No. 89 -416
Page 3 of 6
6) County staff's best estimate of the amount saved by the
Licensee as a result of this practice from July 13, 1987,
through April, 1989, is $245,361.80.
7) This "avoided cost" gave this Licensee a significant and
prejudicial competitive advantage over other licensed waste
haulers who were in compliance with the Designation
requirement.
8) The Licensee's primary operational concern is profitability.
9) The Licensee chose to recycle materials only when it was
profitable to do so. He testified that during the mid- 1980's
the secondary markets for resource recovery materials were
very poor.
10) As of December 13, 1984, the physical realities of Licensee's
facility precluded effective resource recovery in the manner
claimed by the Licensee, in that: the lighting was inadequate;
the buildings were uncovered; and the ramps upon which trucks
would have driven were constructed of rotting wood.
11) This record, taken as a whole, unmistakably demonstrates that
Licensee's claim of exemption from Designation is made in bad
faith and for the sole purpose of acquiring a competitive
advantage over haulers who complied with the' law.
12) The Licensee's disregard of the requirements of the
Designation Ordinance has been flagrant, open, and notorious.
13) In order to meet an objective of Designation enforcement it is
necessary to establish a "level playing field" for all
commercial waste haulers. Thus, this Licensee should be
deprived of any ill- gotten advantage gained as a result of its
bad faith claim of exemption.
14) It is necessary to deter groundless and unfounded challenges
to Designation from being made solely for competitive and
economic advantage.
Hal Norgard, Chairman
By
Page 20
(Continued)
CkL4 CPenh - County Boand
Resolution
Board of
.?amsery. Goan fy Commissioners
Presented By Commissioner McCarty Date May 23,
Attention: Budget & Accounting
Rob Fulton, Director, Public Health
Harry McPeak, Assistant County Attorney
Tom Foley, County Attorney
1989
Page 4 of 6
No. 89 -416
15) This Licensee should be put in the same position it would have
been in had it complied with the Designation requirement of
the Ramsey County Solid Waste Ordinance.
16) Both the Ramsey County Administrative Ordinance and Ramsey
County Solid Waste Ordinance authorize the recovery by the
County of the costs of enforcement of violations and
collection in either a civil suit or as a special assessment
against a Licensee's real property.
17) Following costs and disbursements have been incurred by the
County in this enforcement action:
Environmental Health (staff costs) $ 16,514.00
County Attorney (staff costs) 33,480.00
Office of Administrative Hearings 10,638.90
TOTAL $ 60,632.90
CONCLUSIONS OF LAW
1) This Licensee's claim of exemption from Designation has not
been made in good faith but solely for the purpose of economic
and competitive advantage.
2) This Licensee intentionally and with knowledge that its
exemption claim was groundless violated the Designation
Ordinance of Ramsey County from the effective date of
designation, July 13, 1987, through April 1989.
3) The sanction recommended by the Administrative Law Judge does
not take into account the seriousness or willfulness of this
Licensee's violation of the Designation Ordinance.
4) Any Findings of Fact more properly termed a Conclusion of Law
and any Conclusions of Law more properly termed a Finding of
Fact are hereby expressly adopted as such.
Hal Norgard, Chairman
By
Page 21
(Continued)
ChLe.i CL.elck - County Boand
Resolution
Board of
fRamseyr. Go on { commi'ssi'oners
Presented By Commissioner McCarty Date May 23, 1989 No. 89 -416
Attention: Budget & Accounting
Rob Fulton, Director, Public Health
Harry McPeak, Assistant County Attorney
Tom Foley, County Attorney
Page 5 of 6
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF RAMSEY COUNTY
COMMISSIONERS THAT it adopts the Findings of Fact and Conclusions
of Law submitted by the Honorable Phyllis A. Reha, Administrative
Law Judge, acting as a hearing officer pursuant to provisions of
the Ramsey County Administrative Ordinance, in her report to this
Board dated March 9, 1989, as amended April 10, 1989, and
incorporates the same herein by reference as though each was set
forth specifically;
and
BE IT FURTHER RESOLVED THAT: based upon the Findings of Fact
and Conclusions of Law of the hearing officer, adopted herein; the
additional Findings of Fact and Conclusions of Law adopted herein;
the hearings before this Board; and the entire record; the decision
of the Ramsey County Public Health Department to revoke the License
for the Collection and Transportation of Solid Waste of Richard A.
Wybierala, d /b /a Poor Richard's, Inc., be affirmed, and said
license is hereby revoked; and
BE IT FURTHER RESOLVED THAT this Licensee be barred from
re— applying for a License for the Collection and Transportation of
Solid Waste for a period of one year from the effective date of
this revocation; and
BE IT FURTHER RESOLVED THAT:
a) The Licensee pay the costs incurred by the County in this
enforcement action, as established herein, $60,632.90,
within thirty days of receipt of notice of this
disposition; and
b) In the event the Licensee does not pay said costs of
enforcement within said thirty days, the unpaid amount be
certified to the Director of the Ramsey County Department
of Property Taxation as a special assessment against the
real property of the Licensee; and
Hal Norgard, Chairman
By
Page 22
(Continued)
Chi4 CPwck - County Boand
Resolution
Board of
uearr_sery. Coun y Commissioners
Presented By Commissioner McCarty
Attention: Budget & Accounting
Date May 23,
1989 No. 89 -416
Rob Fulton, Director, Public Health
Harry McPeak, Assistant County Attorney
Tom Foley, County Attorney
Page 6 of 6
•
1
4
BE IT FURTHER RESOLVED THAT any application in which this
Licensee, or any officer, agent, or employee thereof, has a legally
cognizable interest shall be deemed an application by this
Licensee; and
BE IT FURTHER RESOLVED THAT that in addition to whatever
requirements the Ramsey County Public Health Department shall
impose upon all applicants for Licenses for the Collection and
Transportation of Solid Waste, any reapplication by this Licensee
subsequent to the one year period set forth above shall be subject
to the prior satisfaction of the following condition: payment in
full to the County of the sum of $245,361.80, representing the
"avoided costs" realized by the Licensee by the willful and
intentional violation of the Designation Ordinance; and
BE IT FURTHER RESOLVED THAT any such license issued to this
Licensee be expressly subject to the following conditions:
a) The Licensee shall make available to staff of the Public
Health Department, upon reasonable notice and at
reasonable times, all its books and records, including but
not limited to, all client accounts, so that the
Department may monitor Licensee's compliance with these
conditions and County ordinances.
b) Licensee deliver all Acceptable Waste• generated within
Ramsey County and collected by its vehicles to the
Resource Recovery Facility operated by Northern States
Power Company at Newport, Minnesota.
c) Payment of the tipping fees to Northern States Power
Company must be made within the time required on the
billing statement.
STATE OF MINNESOTA COUNTY OF RAMSEY ))SS
I, Bonnie C. Jackelen, Chief Clerk- County Board, duly appointed
and qualified for Ramsey County, Minnesota, do hereby certify that
the following is a true and correct copy of a resolution adopted by
•the Board of Ramsey County Commissioners on May 23, 1989.
Dated at St. Paul, Minnesota is 30th day of /May, 1989.
l
Hal Norgard, Chairman
Bonnie C. Ja
,
0171
Chief Cle r
Page 23B
si tty :.. .
(10) The license issued to said licensee shall be posted
in a conspicuous place in that portion of the premises for which
the license has been issued.
(11) No "On -Sale" or "Off -Sale" license shall be effective
beyond the compact and continguous space named in such license and
for which the same was granted.
703.080. OPERATION HOURS. No "On- Sale" sale of liquor
shall be made after one o'clock a.m. on Sunday, nor until eight
o'clock a.m. on Monday, and no such "On -Sale" shall be made on
Tuesday, Wednesday, Thursday, Friday or Saturday between the hours
of one o'clock a.m. and eight o'clock a.m., and on Sunday no such
"On -Sale" sale shall be made between the hours of ten o'clock a.m.
and twelve o'clock midnight, nor shall such "On -Sale" sale be made
at any time on December 25, Christmas Day.
No "Off -Sale" sales of such liquor shall be made before
eight o'clock a.m. or after eight o'clock p.m. on Monday, Tuesday,
Wednesday and Thursday, and before the hour of eight o'clock a.m.
or after the hours of ten o'clock p.m. on Friday and Saturday, and
no such "Off -Sale" sales of liquor shall be made at any time on
Sunday. No "Off- Sale" shall be made on New Years Day; January 1;
Independence Day; July 4; Thanksgiving Day; or Christmas Day,
December 25; but on the evenings preceding such days,
notwithstanding the above provisions, "Off - Sales" may be made until
ten o'clock p.m. except that no "Off -Sale" shall be made on
December 24 after eight o'clock p.m.
No "On -Sale" licensee shall permit any person to consume
any liquor on his premises except within the hours when the sale of
such liquor is permitted.
703.090. PURCHASE OR CONSUMPTION RESTRICTIONS. It shall
be unlawful for any person under the age of eighteen (18) years to
represent himself or herself as of the age of eighteen (18) years
or over that age, for the purpose of obtaining from any other
person non - intoxicating malt liquor or intoxicating liquor, as the
same are herein defined.
703.100. EXCEPTIONS OF SALE. This Chapter shall not be
construed to prohibit the sale of wine for sacramental purposes by
any person duly licensed by the State Liquor Control Commissioner
so to do, nor shall this Chapter be construed to prohibit the sale
of medicines as herein defined, nor of industrial alcohol designed
for mechanical, chemical, scientific, pharmaceutical or industrial
pruposes nor to compounds or preparations containing alcohol, if
such compounds or preparations are not potable as a beverage, nor
shall it be construed to prohibit the sale of intoxicating liquor
for medicinal purposes by a duly licensed and registered pharmacist
or druggist upon a bona fide prescription, in writing, by a
physician or dentist.
Page 24
SF358 UNOFFICIAL ENGROSSMENT (REVISOR 1 CP UOS0358-1
11N(Nqq(1,11,EN(OioSSAWNT—REPHIN119) 1,1HTIIEIMUSE .81... •
. „
STATE OF MINNESOTA
•
: • .
.•
•
sEviormsivill .
S F . No. 358
!ISESSION
•
Introduced Solon. I'm leers!. Spear and NleMen.
.4•.,nti; Read First Time A Ir. 6, 1989 and Itelerred for Comparison.
Sidistilided 101' II. No.528 Apr. 111. 1989.
; : Head Serino' Time Apr. 111. 1989.
Committee iif Ilw \nolo: To Pass as Amended Apr. 12. 111811,
111101fieinlly Engrossed mid Itypi inted for the 1101180 III 1111111(10 HOW'
Aint'nhlun'1i8 11 / pl. 12. 11811.
• .1
A bill for an act
2 relating to liquor; clarifying license eligibility;
3 changing the time of sale on certain holidays;
4 allowing' for the dispensing of samples of malt liquor;
5 ' y. repealing .bond requirement for retail licensees;
6 '. authorizing the town board of Canosia township to
7 - .:. issue an off-sale license; amending Minnesota Statutes
8 1988, section 340A.402; 340A.405, subdivision 1;
9 , 340A.504,: subdivisions 2, 3, and 4; and 340A.510;
10 repealing Minnesota Statutes 1988, section 340A.412,
11 ;r:-if subdivision 1.
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
13 Section 1. Minnesota Statutes 1988, section 340A.402, is
14 amended to read:
15 . 340A.402 (PERSONS ELIGIBLE.]
16 No retail license may be issued to:
• 17 (1) a person not a citizen of the United States or a
18 resident alien;
19 , (2) a person under 21 years of age;
20 , (3) a-permon-who-within-five-years-of-the-license
21 appiieetion-has-been-convicted-of-e-willfui-violetion-of-a
22: federel-or-state-law-or-locai-ordinenee-governing-the
23 manufacturer-salerdistribtrtionr-or-ponelsion-for-seie-or
24 distribetionr-e€-intaxieeting-or-neninboxieeting-meit-Hquorat
25 . (A} a person who has had an intoxicating liquor or
26 nonintoxicating.liquor license revoked within five years of the
27 .license application, or to any,person who at the time of the
28 violation owns any interest, whether as a holder of more than
1
Page 25
SF350 UNOFFICIAL ENGROSSMENT (REVISOR.) CF UES0358 -1
1 five percent of the capital stock of a corporation licensee, as
2 a partner or otherwise, In the premises or in the business
3 conducted thereon, or to a corporation, partnership,
4 association, enterprise, business, or firm In which any such
5 person is in any manner interested; or
6 t51 (4) a person not of good moral character and repute.
7 In addition, no new retail license may be issued to, and
8 the governing body of a municipality may refuse to renew the
9 license of, a person who, within five years of the license
10 application, has been convicted of a willful violation of a
11 federal or state law or local ordinance governing the
12 manufacture, sale, distribution, or possession for sale or
13 distribution of an alcoholic beverage.
14 Sec. 2. Minnesota Statutes 1988, section 340A.405,
15 subdivision 1, is amended to read:
16 . Subdivision 1. (CITIES.] A city may issue with the
17 approval of the commissioner, an off -sale intoxicating liquor
18 license to an exclusive liquor store or to a drugstore. eitlea
19 of- the- first- elaae- may -also- issue- an- off-sale- license-to -a
20 general - food - store. A city of the first class may issue an
21 off -sale license to a general food store to which an off -sale
22 license had been issued on the effective date of this section.
23 Sec. 3. Minnesota Statutes 1988, section 3401.504,
24 subdivision 2, is amended to read:
25 Subd. 2. (INTOXICATING LIQUOR; ON- SALE.) No sale of
26 intoxicating liquor for consumption on the licensed premises may
27 be made:
28 (1) between 1:00 a.m. and 8:00 a.m. on the days of Tuesday
29 Monday through Saturday;
30 (2) between- 12 :88-midnight- and - 8:00 - arm:- on- Mendaya;
31 . f3f after 1:00 a.m. on Sundays, except.as provided by
32 subdivision 3;
33 tot (3) between 8:00 p.m. on December 24 and 8:00 a.m. on
34 December 25, except as provided by subdivision 3.
35 Sec. 4. Minnesota Statutes 1988, section 340A.504,
36 subdivision 3, is amended to read:
2
Page 26
SF350 UNOFFICIAL ENGROSSMENT (REVISOR J CF UES0358 -1
1 Subd. 3. [INTOXICATING LIQUOR;. SUNDAY SALES; ON- SALE.) (a)
2 A restaurant, club, bowling center, or hotel with a seating
3 capacity for at least 30 persons and which holds an on -sale
4 intoxicating liquor license may sell intoxicating liquor for
5 consumption on the premises in conjunction with the sale of food
6 between the hours of 12:,00 noon on Sundays and 12:00- midnight-on
7 Sundays 1:00 a.m. on Mondays.
8 (b) The governing body of a municipality may after one
9 public hearing by ordinance permit a restaurant, hotel, bowling
10 center, or club to sell intoxicating liquor for consumption on
11 the premises in conjunction with the sale of food between the
12 hours of 10:00 a.m. on Sundays'and 12:08-midnight-on-Sundays
13 1:00 a.m. on Mondays, provided that the licensee is in
14 conformance with the Minnesota clean air act.
15 (c) An establishment serving intoxicating liquor on Sundays
16 must obtain a Sunday license. The license must be issued by the
17 governing body of the municipality for a period of one year, and
18 the fee for the license may not exceed $200.
19 (d) A municipality may issue a Sunday intoxicating liquor
20 license only if authorized to do so by the voters of the
21 municipality voting on the question at a general or special
22. election.
23 (e) An election conducted in a town on the question of the
24 issuance by the county of Sunday sales licenses to
25 establishments located in the town must be held on the day of
26 the annual election'o£ town officers.
27 (f) Voter approval is not required for licenses issued by
28 the metropolitan airports commission or common carrier licenses
29 issued by the commissioner. Common carriers serving
'30 intoxicating liquor on Sunday must obtain a Sunday license from
31 the commissioner at an annual fee of $50, plus $5 for each
32 duplicate.
33 Sec. 5. Minnesota Statutes 1988, section 340A.504,
34 subdivision 4, is amended to read:
35 Subd. 4. (INTOXICATING LIQUOR; OFF - SALE.) No sale of
36 intoxicating liquor may be made by an off -sale licensee:
3
Page 27
1
2
3
SF358 UNOFFICIAL. ENGROSSMENT (REVISOR ) CF UES0358 -1
(1) on Sundays;
(2) before 8:00 a.m. on Monday through Saturday;
(3) after 10:00 p.m. on Monday through Saturday at an
4 establishment located in a city other than a city of the first
5 class or within a city located within 15 miles of a city of the
6 first class in the same county;
7 (4) after 8:00 p.m. on Monday through Thursday and after
8 10:00 p.m. on Friday and Saturday at an establishment located in
9 a city of the first class or within a city located within 15
10 miles of a city of the first class in the same county, provided
11 that an establishment may sell intoxicating liquor until 10:00
12 p.m. on December 31 and July 3, and on the day preceding
13 Thanksgiving day, unless otherwise prohibited under clause (1);
14 (5) on- Hew- Years- Bey;- dennary-it I
15
16
17 f8} (6) on Christmas Day, December 25; or
18 t9t (7) after 8:00 p.m. on Christmas Eve, December 24.
19 Sec. 6. Minnesota Statutes 1988, section 340A.510, is
20 amended to read:
21 340A.510 (WINE SAMPLES.)
22 • Off -sale licenses and municipal liquor stores may provide
23 samples of malt liquor, wine, liqueurs, and cordials which the
24 licensee or municipal liquor store currently has in stock and is
25 offering for sale to the general public,without obtaining an
26 additional license, provided the wine, liqueur, and cordial
27 samples are dispensed at no charge and consumed on the licensed
28 premises during the permitted hours of off -sale in a quantity
29 less than 100 milliliters of malt liquor per variety per
30 customer, 50 milliliters of wine per variety per customer and 25
31 milliliters of liqueur or cordial per variety per customer.
32 Sec. 7. [OFF -SALE LICENSE; CANOSIA TOWNSHIP.)
33 Notwithstanding any other provision of law, the town board
34 of Canosia township in St. Louis county may issue an off -sale
35 intoxicating liquor license to an exclusive liquor store with
36 the approval of the commissioner of public safety. A license
{9} on Thanksgiving Day;
4
Page 28
SF358 UNOFFICIAL ENGROSSMENT [REVISOR 1 CF UES0358-1
•
1 under this section is governed by all provisions of Minnesota
2 Statutes, chapter 340A, except as otherwise provided in this
3 section.
4 Sec. 8. (REPEALER.]
5 Minnesota Statutes 1988, section 340A.412, subdivision 1,
6 is repealed.
7 Sec. 9. [EFFECTIVE DATE.]
8 Section 5 Is effective the day following final enactment.
9 Section 7 is effective on approval by the Canosia town board and
10 compliance with Minnesota Statutes, section 645.021.
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