HomeMy WebLinkAbout1963-031 Council Ordinancesr'1
ORDINANCE NO. 31
THE VILLAGE OF LINO LAKES
AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF
INTOXICATING LIQUOR AND PROVIDING A PENALTY FOR VIOLATION.
The Council of the Village of Lino Lakes, Minnesota, does ordain as
follows:
SECTION 1. PROVISIONS OF STATE LAW ADOPTED
The Provisions of Minnesota Statutes, Chapter 340, with reference
to the definition of terms, applications for license, granting of
license, conditions of license, restrictions on consumption, provisions
of sales, conditions of bonds of licensees, hours of sale, and all
other matters pertaining to the retail sale, distribution, and con-
sumption of intoxicating liquor are hereby adopted and made a part of
this Ordinance as if fully set out herein.
SECTION 2. LICENSE REQUIRED
SUBDIVISION 1. No person, except wholesalers or
manufacturers to the extent authorized under state license, shall
directly or indirectly deal in, sell or keep for sale any intoxicating
liquor without first having received a license to do so as provided
in this ordinance. Licenses shall be of three (3) kinds: "on sale",
"off sale", and club licneses.
SUBDIVISION 2. "On sale" licenses shall be issued only
to hotels, clubs and exclusive liquor stores and shall permit "on sale"
of liquor only. Not more than three (3) "on sale" liceeses shall be
granted at any one time,
SUBDIVISION 3. "Off sale" licenses shall be issued
only to drug stores and exclusive liquor stores and shall permit
"off Sale" of liquor only.
SUBDIVISION 4. Special licenses shall be issued only
to bona fide clubs as defined by Minnesota Statutes, 340.11 (6).
SECTION 3. APPLICATION FOR LICENSE.
SUBDIVISION 1. Every application for a license to sell
liquor shall be verified and filed with the Village Clerk. It shall
state the name of the applicant, his age, representations as to his
character, with such references as may be required, his citizenship,
whether the application is for "on sale" or "off sale", the business
in connection with which the proposed license will operate and its
location, whether applicant is owner and operator of the business,
information as the council may require from time to time, In addition
to containing such information, each application for a license shall
be in the form preseribed by the liquor control commissioner.
No person shall make a false statement in an application.
SUBDIVISION 2. Each application for a license shall be
accompanied by a surety bond, liability insurance policy, or in lieu
thereof, cash or United States Government Bonds of equivalent market
value as provided in Minnesota Statutes 1959, Section 340.12, except
that the liability insurance policy provided for in Laws 1959,
Chapter 540, and embodied in the fourth paragraph of Section 340.12
shall not be acceptable. Such surety bond or other security shall
be in the sum of $5,000.00 (Five Thousand Dollars) for an applicant for
an on -sale license and Three Thousand Dollars ($3,000.00) for an
applicant for an off -sale license.
SUBDIVISION 3. Each application for a license shall be
accompanied by a liability insurance policy from a company approved by
the Village Council in the amount of Ten Thousand Dollars ($10,000.00)
coverage for one person and Twenty Thousand Dollars ($20,000.00)
coverage for more than one person, and shall specifically provide for
payment by the insurance oompany on behalf of the insured applicant
of all sums which insured shall become obligated to pay by reason of
liability imposed upon him by law for injury or damage to persons
other than employees, including liability imposed upon insured by
reason of Minnesota Statutes Section 340.95. Such liability insurance
policy shall further provide no cancellation of same for any cause,
can be made either by insured or insurance company without first
giving ten (10) day notice to the municipality in writing. The
operation of licenses premises without having on file at all times with
the municipality the liability insurance policy hereinto shall be
grounds for immediate revocation of license.
SUBDIVISION 4. The security offered under Subdivision
2 shall be approved by the Village Council and in the case of applicants
for off -sale licenses by the State Liquor Commissioner. Surety'
bonds and liability insurance policies shall be approved as to form by
the Village Attorney. The operation of such off -sale or on -sale
liquor business without having on file at all times with the municipality
an effective bond, insurance policy or other security as required in
Subdivision 2 shall be grounds for immediate revocation of the license.
SECTION 4. LICENSE FEES.
SUBDIVISION 1. Each application for a license shall be
accompanied by a receipt from the Village Treasurer for payment in full
of the required fee for the license. All fees shall be paid into the
general fund of the municipality. Upon rejection of any application
for a license, the Treasurer shall refund the amount paid.
SUBDIVISION 2. All licenses shall expire on the first
day of June each year. Each license shall be issued for a period of
one year except that if a portion of the license year has elapsed when
the application is made, a'license may be issued for the remainder of
the -year for a prorated fee. In computing such a fee, any unexpired
fraction of a month shall be counted as one month.
SUBDIVISION 3. the annual fee for an "on slae" license
shall be $1,500.00 (One Thousand, Five Hundred and no/100 Dollars) for
the year ending June 30, 1964, $1,750.00 ( One Thoudand, Seven Hundred
Fifty and no/100 Dollars) for the year ending June 30, 1965, and
$2,000.00 (Two Thousand and no/100 Dollars) for the year ending June
30, 1966. The annual fee for an "off -sale" licnese shall be $100.00
(One Hundred and n0/100 Dollars). The annual fee for a special Club
License shall be $100.00 (One Hundred and no/100 Dollars).
SUBDIVISION 4. No refund of any fee shall be permitted
except as authorized under Minnesota Statutes, Section 340.112.
SECTION 5 GRANTING OF LICENSES
SUBDIVISION 1. The Village Council shall investigate
all facts set out in the application. Opportunity shall be given to
any person to be heard for or against the granting of the license.
After such investigation and hearing the Village Council shall grant
or refuse the application in its discreation. No "off Sale" license
shall become effective until it, together with the bond furnished by
the applicant, has been approved by the Liquor Control Commissioner.
SUBDIVISION 2. Each license shall be issued to the
applicant only. Each license shall be issued only for the premises
described in the application. No licenses may be transferred to
another person or to another place without the approval of the Village
Council.
SECTION 6 PERSONS INELIGIBLE FOR LICENSE.
No license shall be granted to or held by any person made
ineligible for such a license by State Law. No license shall be issued
to an individual who is a non-resident of the Village.
SECTION 7. PLACES INELIGIBLE FOR LICENSE
SUBDIVISION 1. No license shall be issued for any place
or for any business eneligible for such a license under State Law.
SUBDIVISION 2. No license shall be issued to any
business, except an exclusive liquor store, until it has been in
operation continuously for six (6) months.
SUBDIVISION 3. No license shall be granted for operation
on any premises on which taxes, assessments or other financial claims
of the Village are delinquent and unpaid.
SUBDIVISION 4, No license shall be granted within
One Thousand (1,000) feet of any school or within One Thousand (1,000)
feet if any Church.
SECTION 3. CONDITIONS OF LICENSES
SUBDIVISION 1. Every license shall be granted subject
to the conditions in the following subdivision and all the other
provisions of this ordinance and of any other applicable ordinance of
the Village or State Law.
SUBDIVISION 2. Every licensee shall be responsible for
the conduct of his place of business and the conditions of sobriety
and order in it.
SUBDIVISION 3. No sale of liquor shall be made to
anyone on credit.
SUBDIVISION 4. Any peace officer, health officer, or
any properly designated officer or employee of the Village shall have
the unqualified right to enter, inspect, and search the premises of
the licensee during business hours without a warrant.
SECTION 9. RESTRICTIONS ON PURCHASE AND CONSUMPTION.
SUBDIVISION 1. No minor shall misrepresent his age for
the purpose of obtaining intoxicating liquors.
SUBDIVISION 2. No person shall induce a minor to
purchase or procure liquor.
SUBDIVISION 3. No person shall mix or prepare liquor
for consumption in any public place or place of business not licensed
to sell liquor "on sale" and no person shall consume liquor in any
such place.
SUBDIVISION 4. No liquor shall be sold or consumed on
a public highway or in an automobile.
SECTION 10. REVOCATION.
The Council may suspend or revoke any liquor licnese for violation
of any provision or condition of this ordinance or any State Law
regulating the sale of intoxicating liquor and shall revoke such license
if the licensee willfully violates any provision of Minnesota Statutes
Section 340.07 to 340.40. Except in the case of a suspension pending
a hearing on revocation, revocation or suspensionbby the Council shall
be preceded by written notice to the grantee and a public hearing. The
notice shall give at least eight (8) days notice of the time and place
of the hearing and shall state the nature of the charges against the
licensee. The Council may. without any advance notice, suspend any
license pending a hearing on revocation for period of not exceeding
thirty (30) days.
SECTION 11. PENALTY
Any person violating any provision of this Ordinance shall be
guilty of a misdemeanor and upon conviction shall be punished by a fine
of not more that 0ne Hundred (100.00) Dollars or imprisonment in the
County Jail for not more that Ninety (90) day plus the costs of pro-
secution in either case.
SECTION 12. EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after
its passage and publication according to law.
Passed by the Council this 25th day of March, 1963.
/s/ Arnold A. Kelling, Mayor
Attest:
Jerome A. Hauer, Clerk