1994.12.19 ORD 1994-294 - Laserfiche WebLink

Home

Subdivision 4. Consumption and Dis Subdivision 2. Accuracy of Applica- Subdivision 3. Hearing and Issuance. tion.No person shall knowingly make a The City Council shall investigate all play Licenses.A license to operate a bot- tle club may be issued to any private false or misleading statement on any ap- facts set out in the application and not club authorized to be licensed pursuant plication for a liquor or beer license,or investigated in the preliminary back- to appropriate Minnesota law. in any proceeding regarding the issuing ground and financial investigation con- Subdivision 5.On Sale Sunday Licens- of a liquor,beer or wine license. ducted pursuant to Subdivision 1.Oppor- es.A special On-Sale license for the sale Subdivision 3. Insurance Required. tunity shall be given to any person to be Applicants for a license to sell liquor or heard for and against the granting of the of liquor on Sundays may only be issued to a restaurant holding a regular On- beer shall provide the City certificate of license.After investigation and hearing, Sale license.The restaurant eligible for insurance,or other security acceptable the Council shall,at its discretion,grant On-Sale Sunday liquor license shall meet to the City, providing coverage for li- or refuse the application. No license the requirements fora restaurant as de- quor (dram shop) in the amount re- shall be issued,transferred,or renewed qquired by Minnesota Statutes. if the results of the City's investigations tined in Minnesota Statutes capacity 01.A Section 6.License Fees. show to the satisfaction of the Council, restaurant having a seating capacifor Subdivision 1. Fees. The fees for li- the issuance would not be in the public at least 30 persons may sell intoxicating censes issued under this ordinance shall interest.No license shall become effec- liquor for consumption on the premises be: five until it, together with the security with the sale of food between the hours On-Sale Liquor$1600.00;On-Sale Beer furnished by the applicants, has been of 10:00 am, Sunday morning and 1:00 $100.00;Club On Sale$125.00;Consump- approved by the Commission of Public am on Monday morning,if the Licensee tion and Display$125.00; On-Sale Sun- Safety,as required by law. complies with all requirements of the day$200.00; On-Sale Wine$200.00; Off Subdivision 4. Person and Premises Minnesota Clean Air Act.If the Licensee Sale Beer 3.2 $25.00; Off-Sale Liquor Licensed; Transfer.Each license shall is authorized to sell intoxicating liquor $100.00;One Day Permit$15.00 be issued only to the applicant and for for consumption on the premises togeth- Subdivision 2. Payment. Each appli- the premises described in the applies- hr hourso the sale of food between the cation for a license shall be accompa- tion. No license may be transferred to pours Monday.Noon,Sundays,and 1:00 nied by a receipt from the City for pay- another person or place without City pm on ment in full of the license fee and the Council approval.Any transfer of stock Subdivision 6. One Day Permit. A fixed investigation fee under Section 7,if of a corporate license is deemed a trans- "One Day Permit"for the consumption any.All fees shall be paid into the genet- ter of the license,and transfer of stock and sale of liquor or beer may be issued al fund.If any application for a license is without prior Council approval is a to a nonprofit organization in conjunc- rejected, the City shall refund the tion with a social activity in the City of amount paid as the license fee. - Hugo sponsored by such organization.A Subdivision 3.License Terms and Pro ground for revocation of the license.In certificate of liquor liability insurance Rata Fees.Each license,except one day case a licensee dies,his personal repre- forebe provided issued the organization be- permits,shall be issued for a period of sentative may continue operation of the mit the permit is nland such per- one year.If an application is made dur- business within the terms of the license camit shall be valid only No the day thaing the license year,a license may be is- for a period not to exceed 90 days. three,reon they permit.maymore than sued for the remainder of the year for a Section 8. Persons Ineligible for Li- pro-rata one day permits be issued to censes. No license shall be granted to an one organization or location within a pro-rata fee.Such pro-rata fee is to be y g determined on the number of months re- any person made ineligible for such a li- twelve month period. maining in the year, with each unex- cense by state law. No license shall be Subdivision 7.On-Saleenseshall Licenses.issued pired fraction of a month being counted issued to any person who is not a citizen "On-Sale sau Wine"licenses shall the as one month.Every license shall expire or resident alien of the United States, onlytorestaurants Minnesota to StatutestSuction on the last day of December of each who is under the age of 21,who is not of cations340A.404,s Minnesota Section year. good moral character or repute, who onlythsale of i winen 5,and shoeill ng 14it Subdivision 4.Refunds.Refunds of li- within five years of his or her license ap- percent alcohol l not exceeding p- cense fees shall be made only if(1)The plication has been convicted of a willful alcohol by nvolume,iseconsume- business ceases to operate because of violation of a liquor or beer license or tion on the licensed premises only, in destruction or damage not caused by the who has had a liquor or beer license re- Subdivision 8. the sale B food. unlawful actions of the licensee, and yoked within five years of his or her ap- Beer" s 8.hall onlle Beer.granted"On-Sale such damage made the business unus- plication.No person,corporation,or oth- clubs,Beerlicenses shall only be tou- able, (2) the licensee dies, or (3) the er business entity may be issued beer stores,drug stores, rester- business loses its lawful authority to op- licenses for the sale of liquor or beer at ffonts,hotels,and bowling centersvwhere erate due to an act of legislature or local more than one location, except a non- sumptionis prepared and served Holdersfor con- option election. The refund shall be profit organization may be issued one "On-Slthe Licenses".shallbe al-- based on a pro-rata basis determined by day permits at more than one site. "On-Sale to Liquorlee withoutout" ti the number of months remaining until Section 9. Places Ineligible for Li- license,lowexceptebeer an sell additional the end of the license year, with any cense. Sundayswithout they may-St beer on fraction of a month remaining not being Subdivision 1.General prohibition.No an "On-Sale Sunday" credited as part of the refund.Refunds license shall be issued for any place or Slicense. shall only be made after the business any business ineligible for such license le Beer" 9.licenses Off-Salehll Beer. "Off-the ceases to operate. under state law. Sale of shall only theermthe Section 7.Granting of Licenses. Subdivision 2. Delinquent Taxes and sale beer at retail, in theoriginal Subdivision 1.New Licenses Charges.No license shall be granted for packageofor consumption offaprem-' operation on anypremises on which ises of the Licensee."Off-Sale Beer"li- (a) Preliminary Investigation.On an Pe tax- censes shall only be granted to grocery initial application for an "On-Sale es, assessments, or other financial stores, convenience stores sellingfood Liquor" or "Off Sale Liquor" license claims of the City are delinquent and un- and on application for transfer of an ex- paid. mand drink for consumption hholon off the pre- fisting"On-Sale"or"Off Sale"liquor li- Subdivision 3.Distance from School or Liquor"r and personsn- Beer""g "On-SaleChurch. No license shall be granted and"On-Sale licenses for cense,the applicant shall pay with his or her application an investigation fee of within 200 feet of any school or church. use li the same premises as their on- $500.00.The City shall conduct a prelimi- Section 10.Conditions of License. sale license. Subdivision 1.General.EveryLicense Subdivision 10.Off-Sale Liquor. "Off- nary background and financial investi- Sale Liquor"licenses shall only permit gation of the applicant to determine if is- is subject to the conditions specified in the sale of beer or liquor at retail,in the suance of the license would be in the this ordinance and of any other applica- original package for consumption off the public's interest. ble ordinance,state law or regulation. g p g p (b) Comprehensive.If the Council de- Subdivision 2. Posting of License. premises of the licensee. termines that a comprehensive back- Posting of a current license at a conspic- SubdivisionSu5.Application for License. ground and financial investigation of the aura place on the premises of the li- 1. Form. Every er shall applicant for any license issued under censed establishment is required. tion fore form prescribed sellliquoror beer City of this ordinance is necessary,it may con- Subdivision 3.Sales.Sale must be con- ductte in the form by the City of the investigation itself or contract fined to a compact and continuous place with the Minnesota Bureau of Criminal named in the license. Sale may not be Hugo and include the name of the appli- Apprehension,Washington County Sher- made to an intoxicated person,persons cants,his or her age,representations as iff's Department or other qualified agen- under 21 years of age,or known habitual to the applicants character (with such cy to conduct the investigation.If an in- drunkards. references as the Council may require), vestigation outside the state is required, Subdivision 4.Gambling.No gambling citizenship, the type of license applied the applicant shall be charged the cost may be conducted on a licensed prem- for,the business or organization in con- of the investigation, not to exceed ises except in accordance with state law. nection with which the proposed license $10,000.00,which shall be paid by the ap- Subdivision 5.Hours.No sale or gift of will operate and its location,whether the plicant after deducting the initial inves- liquor or beer may be made by a license applicant is owner and operator of the tigation fee,if any,already paid.The in- holder or employee on a licensed prem- business,how long the business has been vestigation fee shall be payable by the ises except during the hours of sale au- at that location,and such other reason- applicant whether or not the license is thorized under state law. Every holder able and/or necessary information as granted.The City may require the appli- of any on-sale license shall cause the the council may require from time to cant to deposit with the City,in escrow, premises to be vacated of all persons ex- time. Every application shall also in- sufficient funds to ensure payment of the cent the owner or manager within one elude a copy of each summons received costs of investigation. hour after the licensed premises closes. by the applicant under Minnesota Stat- Subdivision 2.Renewals.Applications All liquor and beer shall be stored out of utes Section 3401A.802 during the pre- for renewal of a license issued in accor- public view after the closing time.No li- ceding year. dance with this ordinance shall be the censee shall give or sell liquor or beer, same,in form and procedure,as an ini- to any employee while such employee is tial application,except an initial investi- working on the premises.All customers gation fee shall only be charged if the or persons not employed by a licensee Council determines that such an investi- shall vacate the prem es wit:.in one- 611111■111.._ gation is warranted. half hour after the est,:'fished.•using time.