HomeMy WebLinkAbout1994.12.19 ORD 1994-294 •
ORDINANCE 1994-294
HUGO CITY CODE, CHAPTER 150
AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION
OF LIQUOR, BEER, AND WINE, REPEALING INCONSISTENT ORDINANCES
AND PROVIDING A PENALTY FOR VIOLATION
The City of Hugo Ordains:
Section 1. Inconsistent Ordinances Repealed. Chapter 150, Liquor,
Beer and Wine, and Chapter 190, Non-intoxicating Malt Liquor, of the
Hugo City Code, are hereby repealed in their entirety, and replaced
with the provisions of this ordinance.
Section 2. Provisions of State Law Adopted. The provisions of
Minnesota Statutes Chapter 340A, relating to the definition of terms,
licensing, consumption, sales, financial responsibility of licensees,
hours of sale, and all matters pertaining to the retail sale,
distribution, and consumption of intoxicating liquor and
nonintoxicating malt liquor are adopted and made a part of this
ordinance as if set out in full.
Section 3. Definitions.
Subdivision 1. Terms. All terms used in this ordinance shall
have the meanings proscribed by Minnesota Statutes Chapter
340A, unless specifically indicated otherwise.
Subdivision 2. Intoxicating Liquor or Liquor. "Intoxicating
liquor" or "liquor"" shall mean any distilled, fermented or
vinous beverage containing more than three and two-tenths
percent of alcohol by weight.
Subdivision 3 . Nonintoxicating liquor. "Nonintoxicating
liquor" or "beer" means any malt beverage with an alcohol
content of more the one-half of one percent volume and not
more than three and two-tenths by weight.
Subdivision 4 . Original Package. "Original package" shall
mean a bottle or sealed container into which the liquor or
beer is placed by the manufacturer.
Subdivision 5. Off Sale. "Off Sale" shall mean the sale of
liquor, beer, or wine in its original package(s) for
consumption off of or away from the premises where sold.
Subdivision 6. On Sale. "On Sale" shall mean the sale of
liquor, beer, or wine by the glass, bottle or can for
consumption on the premises only.
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Section 4. License Required.
Subdivision 1. General Requirement. No person, except a
wholesaler or manufacturer to the extent authorized under
State license, shall directly or indirectly deal in, sell, or
keep for sale in the City of Hugo any liquor or beer without a
license to do so as provided in this ordinance. Liquor and
beer licenses shall be of nine kinds:
1. "On-Sale Liquor"
2. "Club On Sale"
3 . "On-Sale Sunday"
4 . "One Day Permit"
6 . "Consumption and Display"
5 . "On-Sale Wine"
7 . "On-Sale Beer"
8 . "Off-Sale Beer"
9 . "Off-Sale Liquor"
Subdivision 2. On-Sale Liquor Licenses. "On-Sale Liquor"
licenses shall only be issued to hotels, clubs, restaurants,
and exclusive liquor stores, and shall permit "on-sale" of
liquor only.
Subdivision 3 . Club On Sale Licenses. Club On Sale Licenses
shall only be issued to incorporated clubs which have been in
existence for 15 years or more, or to congressionally
chartered veteran's organizations which have been in existence
for 10 years.
Subdivision 4 . Consumption and Display Licenses. A license to
operate a bottle club may be issued to any private club
authorized to be licensed pursuant to appropriate Minnesota
law.
Subdivision 5 . On Sale Sunday Licenses. A special On-Sale
license for the sale of liquor on Sundays may only be issued
to a restaurant holding a regular On-Sale license. The
restaurant eligible for On-Sale Sunday liquor license shall
meet the requirements for a restaurant as defined in Minnesota
Statutes 340A. 101. A restaurant having a seating capacity for
at least 30 persons may sell intoxicating liquor for
consumption on the premises with the sale of food between the
hours of 10: 00 A.M. , Sunday morning and 01: 00 AM on Monday
morning, if the licensee complies with all requirements of the
Minnesota Clean Air Act. If the Licensee does not comply with
the Minnesota Clean Air Act, the Licensee is authorized to
sell intoxicating liquor for consumption on the premises
together with the sale of food between the hours of 12: 00
Noon, Sundays, and 1:00 PM on Monday.
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Subdivision 6. One Day Permit. A "One Day Permit" for the
consumption and sale of liquor or beer may be issued to a
nonprofit organization in conjunction with a social activity
in the City of Hugo sponsored by such organization. A
certificate of liquor liability insurance must be provided by
the organization before the permit is issued and such permit
shall be valid only on the day indicated on the permit. No
more than three, one day permits may be issued to any one
organization or location within a twelve month period.
Subdivision 7. On-Sale Wine Licenses. "On-Sale Wine"
licenses shall be issued only to restaurants meeting the
qualifications of Minnesota Statutes Section 340A. 404 ,
subdivision 5, and shall permit only the sale of wine not
exceeding 14 percent alcohol by volume, for consumption on the
licensed premises only, in conjunction with the sale of food.
Subdivision 8. On-Sale Beer. "On-Sale Beer" licenses shall
only be granted to clubs, beer stores, drug stores,
restaurants, hotels, and bowling centers where food is
prepared and served for consumption on the premises. Holders
of "On-Sale Liquor Licenses" shall be allowed to sell beer
without an additional license, except they may not sell beer
on Sundays without an "On-Sale Sunday" license.
Subdivision 9. Off-Sale Beer. "Off-Sale Beer" licenses shall
only permit the sale of beer at retail, in the original
package for consumption off the premises of the Licensee.
"Off-Sale Beer" licenses shall only be granted to grocery
stores, convenience stores selling food and drink for
consumption off the premises, and persons holding "On-Sale
Liquor" or "On-Sale Beer" licenses for use on the same
premises as their on-sale license.
Subdivision 10 . Off-Sale Liquor. "Off-Sale Liquor" licenses
shall only permit the sale of beer or liquor at retail, in the
original package for consumption off the premises of the
licensee.
Section 5. Application for License.
Subdivision 1. Form. Every application for license to sell
liquor or beer shall be in the form prescribed by the City of
Hugo and include the name of the applicants, his or her age,
representations as to the applicants character (with such
references as the Council may require) , citizenship, the type
of license applied for, the business or organization in
connection with which the proposed license will operate and
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its location, whether the applicant is owner and operator of
the business, how long the business has been at that location,
and such other reasonable and/or necessary information as the
council may require from time to time. Every Application
shall also include a copy of each summons received by the
applicant under Minnesota Statutes Section 340A. 802 during the
preceding year.
Subdivision 2 . Accuracy of Application. No person shall
knowingly make a false or misleading statement on any
application for a liquor or beer license, or in any proceeding
regarding the issuing of a liquor, beer or wine license.
Subdivision 3 . Insurance Required. Applicants for a license
to sell liquor or beer shall provide the City certificate of
insurance, or other security acceptable to the City, providing
coverage for liquor (dram shop) in the amount required by
Minnesota Statutes.
Section 6. License Fees.
Subdivision 1. Fees. The fees for licenses issued under this
ordinance shall be:
On-Sale Liquor $1,600 . 00
On-Sale Beer 100 . 00
Club On Sale 125 . 00
consumption and Display 125. 00
On-Sale Sunday 200 . 00
On-Sale Wine 200 . 00
Off Sale Beer 3 . 2 25. 00
Off-Sale liquor 100 . 00
One Day Permit 15. 00
Subdivision 2. Payment. Each application for a license shall
be accompanied by a receipt from the City for payment in full
of the license fee and the fixed investigation fee under
Section 7 , if any. All fees shall be paid into the general
fund. If any application for a license is rejected, the City
shall refund the amount paid as the license fee.
Subdivision 3 . License Terms and Pro rata Fees. Each license,
except one day permits, shall be issued for a period of one
year. If an application is made during the license year, a
license may be issued for the remainder of the year for a pro-
rata fee. Such pro-rata fee is to be determined on the number
of months remaining in the year, with each unexpired fraction
of a month being counted as one month. Every license shall
expire on the last day of December of each year.
Subdivision 4. Refunds. Refunds of license fees shall be
made only if (1) The business ceases to operate because of
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destruction or damage not caused by the unlawful actions of
the licensee, and such damage made the business unusable, (2)
the licensee dies, or (3 ) the business loses its lawful
authority to operate due to an act of legislature or local
option election. The refund shall be based on a pro-rata
basis determined by the number of months remaining until the
end of the license year, with any fraction of a month
remaining not being credited as part of the refund. Refunds
shall only be made after the business ceases to operate.
Section 7. Granting of Licenses.
Subdivision 1. New Licenses
(a) Preliminary Investigation. On an initial application for
an "On-Sale Liquor" or "Off Sale Liquor" license and on
application for transfer of an existing "On-Sale" or "Off
Sale" liquor license, the applicant shall pay with his or
her application an investigation fee of $500.00. The
City shall conduct a preliminary background and financial
investigation of the applicant to determine if issuance
of the license would be in the public's interest.
(b) Comprehensive. If the Council determines that a
comprehensive background and financial investigation of
the applicant for any license issued under this ordinance
is necessary, it may conduct the investigation itself or
contract with the Minnesota Bureau of Criminal
Apprehension, Washington County Sheriff's Department or
other qualified agency to conduct the investigation. If
an investigation outside the state is required, the
applicant shall be charged the cost of the investigation
, not to exceed $10,000.00, which shall be paid by the
applicant after deducting the initial investigation fee,
if any, already paid. The investigation fee shall be
payable by the applicant whether or not the license is
granted. The City may require the applicant to deposit
with the City, in escrow, sufficient funds to ensure
payment of the costs of investigation.
Subdivision 2. Renewals. Applications for renewal of a
license issued in accordance with this ordinance shall be the
same, in form and procedure, as an initial application, except
an initial investigation fee shall only be charged if the
Council determines that such an investigation is warranted.
Subdivision 3 . Hearing and Issuance. The City Council shall
investigate all facts set out in the application and not
investigated in the preliminary background and financial
investigation conducted pursuant to Subdivision 1.
Opportunity shall be given to any person to be heard for and
against the granting of the license. After investigation and
hearing, the Council shall, at its discretion, grant or refuse
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the application. No license shall be issued, transferred, or
renewed if the results of the City's investigations show to
the satisfaction of the Council, the issuance would not be in
the public interest. No license shall become effective until
it, together with the security furnished by the applicants,
has been approved by the Commissioner of Public Safety, as
required by law.
Subdivision 4. Person and Premises Licensed; Transfer. Each
license shall be issued only to the applicant and for the
premises described in the application. No license may be
transferred to another person or place without City Council
approval. Any transfer of stock of a corporate license is
deemed a transfer of the license, and transfer of stock
without prior Council approval is a ground for revocation of
the license. In case a licensee dies, his personal
representative may continue operation of the business within
the terms of the license for a period not to exceed 90 days.
Section 8. Persons Ineligible for License. No license shall be
granted to any person made ineligible for such a license by state law.
No license shall be issued to any person who is not a citizen or
resident alien of the United States, who is under the age of 21 , who is
not of good moral character or repute, who within five years of his or
her license application has been convicted of a willful violation of a
liquor or beer license or who has had a liquor or beer license revoked
/ithin five years of his or her application. No person, corporation,
or other business entity may be issued licenses for the sale of liquor
or beer at more than one location, except a non-profit organization may
be issued one day permits at more than one site.
Section 9. Places Ineligible for License.
Subdivision 1. General prohibition. No license shall be
issued for any place or any business ineligible for such
license under state law.
Subdivision 2. Delinquent Taxes and Charges. No license
shall be granted for operation on any premises on which taxes,
assessments, or other financial claims of the City are
delinquent and unpaid.
Subdivision 3 . Distance from School or Church. No license
shall be granted within 200 feet of any school or church.
Section 10. Conditions of License.
Subdivision 1. General. Every License is subject to the
conditions specified in this ordinance and of any other
applicable ordinance, state law or regulation.
Subdivision 2. Posting of License. Posting of a current
license at a conspicuous place on the premises of the licensed
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establishment is required.
Subdivision 3 . Sales. Sale must be confined to a compact and
continuous place named in the license. Sale may not be made
to an intoxicated person, persons under 21 years of age, or
known habitual drunkards.
Subdivision 4 . Gambling. No gambling may be conducted on a
licensed premises except in accordance with state law.
Subdivision 5. Hours. No sale or gift of liquor or beer may
be made by a license holder or employee on a licensed premises
except during the hours of sale authorized under state law.
Every holder of any on-sale license shall cause the premises
to be vacated of all persons except the owner or manager
within one hour after the licensed premises closes. All
liquor and beer shall be stored out of public view after the
closing time. No licensee shall give or sell liquor or beer,
to any employee while such employee is working on the premises
All customers or persons not employed by a licensee shall
vacate the premises within one-half hour after the established
closing time.
Subdivision 6 . Responsibility for Conduct of Business. Every
licensee is responsible for the conduct of his place of
business and the conditions of sobriety and order in it. The
act of any employee on the licensed premises is deemed the act
of the licensee as well, and the licensee shall be liable to
all penalties provided by this ordinance and the law equally
with the employee.
Subdivision 7 . Inspections. Every licensee shall allow any
peace officer, health officer, or properly designated officer
or employee of the City to enter, inspect, and search the
premises of the licensee during business hours without a
warrant.
Subdivision 8. Display. No establishment shall display
liquor to the public during hours when the sale of liquor is
prohibited.
Subdivision 9. Employment of Minors. No person under the age
of 18 shall be employed on the premises of any establishment
selling liquor or beer when such beverages are on display and
offered for sale. This prohibition shall not apply to
restaurants as defined in Minnesota Statutes 340A. 101. In no
case may a person under 18 years of age offer for sale, mix,
or serve liquor or beer in any licensed establishment.
Section 11. Restrictions on Purchase and consumption.
Subdivision 1. Liquor or Beer in Unlicensed Places. No
person shall mix or prepare liquor for sale in any public
place of business unless it has a license to sell liquor "on-
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sale" or a permit from the Commission of Public Safety under
Minnesota Statutes, Section 340. 119 and no person shall
consume liquor or beer in such a place.
Subdivision 2. Consumption in Public Places. No person shall
consume liquor or beer on a public highway, public park, or
other public space, or on the premises of an off-sale license
holder, without the written consent of the City Council.
Subdivision 3 . Consumption by Minors. It is unlawful for any
person under 21 years of age to consume liquor or beer unless
in the household of the person's parent or guardian and with
the
consent of the parent or guardian. No person under the age of
21 shall purchase or attempt to purchase or procure liquor or
beer. It is unlawful for any person under 21 years of age to
misrepresent his or her age for the purpose of purchasing
liquor or beer.
Subdivision 4 . Proof of Age. Proof of age for purchasing
liquor or beer may be established only by a valid driver's
license or Minnesota Identification Card, or in the case of a
foreign national, a valid passport.
Section 12. Suspension and Revocation.
Subdivision 1. Failure to Comply with the Law. The Council
shall either suspend for a period up to 60 days, or revoke,
any liquor license, or impose a civil fine not to exceed
$2,000. 00 for each violation upon a finding that the Licensee
has failed to comply with any applicable statute, regulation,
or ordinance relating to alcoholic beverages. Except as
required in Subdivision 2, no suspension or revocation shall
take effect until the licensee has been afforded an
opportunity for a hearing pursuant to Minnesota Statutes
Sections 14 . 57 to 14 .70 .
Subdivision 2 . Lapse of Financial Security. Lapse of
required dram shop insurance, any required bond, or withdrawal
of a required deposit of cash or securities, shall effect an
immediate suspension of any license issued pursuant to this
ordinance without further action of the City Council. Notice
of cancellation or lapse of a current liquor liability policy
or bond, or withdrawal of deposited cash or securities shall
constitute notice to the licensee of the suspension of
license. The holder of a license who has received notice of
lapse of required insurance or bond, or withdrawal of a
required deposit, or of suspension or revocation of a license,
may request a hearing thereon and if such request is made in
writing to the city clerk a hearing shall be granted within 10
days or such longer period as may be requested. Any
suspension under this paragraph shall continue until the City
Council determines the financial responsibility requirements
of this ordinance have been met.
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Section 13. Penalty. Any person violating any provision of this
ordinance is guilty of a misdemeanor and upon conviction shall be
punished as allowed by law, plus the cost of prosecution in any case.
Section 14. Severability. If any part of this Ordinance shall be held
void, such part shall be deemed severable, and the invalidity thereof
shall not affect the remaining parts of this Ordinance.
Section 15. Effective Date. This Ordinance shall be in full force and
effect from and after its passage and publication according to law.
Passed by the City Council this 19th day of December, 1994.
Walter L. Stoltzman, Mayor
EST:
Mary1n Creager, Ci Clerk
Published in the Forest Lake Times on December 29 , 1994 .
9
iv I .d
AFFIDAVIT OF PUBLICATION
•
CITY of HUGO STATE OF MINNESOTA ss
COUNTY OF WASHINGTON
ORDINANCE 1994-294
HUGO CITY CODE,CHAPTER 150 •
AN ORDINANCE LICENSING AND `a'1 ,sf!°"''1 " , beingdulysworn, on oath says that he or she is
REGULATING THE SALE AND y
CONSUMPTION OF LIQUOR,BEER,
AND WINE,REPEALING the authorized agent and employee of the publisher of the newspaper
INCONSISTENT ORDINANCES AND
PROVIDING A PENALTY FOR
' VIOLATION known as The Times, and has full knowledge of the facts which are stated
The City of Hugo Ordains:
Section 1.Inconsistent Ordinances Fie-
.
pealed. Chapter 150, Liquor, Beer and below:
Wine,and Chapter 190,Non-intoxicating
Malt Liquor,of the Hugo City Code,are
hereby repealed in their entirety, and (A)The newspaper has complied with all of the requirements con-
replaced with the provisions of this ordi-
nance. stituting qualification as a legal newspaper, as provided by Minnesota
Section 2. Provisions of State Law
Adopted. The provisions of Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended.
Statutes Chapter 340A, relating to the
definition of terms,licensing,consump- .
tion,sales,financial responsibility of lic- (B)The printed "
ensees, hours of sale, and all matters
pertaining to the retail sale, distribu-
tion,and consumption of intoxicating li-
quor and nonintoxicating malt liquor are
adopted and made a part of this ordi-
nance which is attached was cut from the columns of said newspaper, and
as if set out in full.
Section 3.Definitions.
Subdivision 1.Terms.All terms used '.
in this Ordinance shall have the mean- was printed and published once each week, for • successive weeks; it
ings proscribed by Minnesota Statutes
Chapter 340A, unless specifically indi- was first published on Th"~`Hly , the • rt day of
cated otherwise.
Subdivision 2. Intoxicating Liquor or „ �` N I
Liquor. "Intoxicating liquor" or , 19 , and was thereafter printed and published each
- "liquor" shall mean any distilled, fer-
- mented or vinous beverage containing r' ,
. r c r '��
more than three and two-tenths percent week to and including I - , the day of
of alcohol by weight.
Subdivision 3.Nonintoxicating liquor. i1pr. .,—;^ 14
"Nonintoxicating liquor" or "beer" , 19 .
- means any malt beverage with an alto-
hol content of more than one-half of one to
percent volume and not more than three
and two-tenths by weight.
Subdivision 4. Original Package.
"Original package"shall mean a bottle
- or sealed container into which the liquor " ). !; c1- ,.,-;-� ./p /'C• Seltj i'i?(`'
or beer is placed by the manufacturer.
04411)7(2411ii'lliddi
.
Subdivision 5. Off Sale. "Off Sale"
shall mean the sale of liquor,beer, or
wine in its original package(s)for con- Subscribed and sworn to before me on
- sumption off of or away from the prem-
ises where sold. _.
-Ni
- I Subdivision 6. On Sale. "On Sale" this "y y -Nin e
shall mean the sale of liquor, beer, or
wine by the glass,bottle or can for con- j`nr t ilf r . ,
sumption on the premises only. day of , 19
- Section 4.License Required.
Subdivision 1. General Requirement.
- No person,except a wholesaler or manu-
facturer to the extent authorized under
State license,shall directly or indirectly v
alAcip
deal in,sell,or keep for sale in the City
of Hugo any liquor or beer without a li- , • •" s bAc,s4,,,. +t
- cense to do so as provided in this ordi-
nance.Liquor and beer licenses shall be -.T„�¢,.,
of nine kinds: > ,.A, Nf)T R Pug LIC • MINNESOTA
1."On-Sale Liquor" '_ q• •t�finAli
�lVGiTON COUNTY
2."Club On Sale" MY COMMISION EXPIRES
3."On-Sale Sunday" '- 0-/
4."One Day Permit" APRIL 16. 1995
5."Consumption and Display"
6."On-Sale Wine" (1)Lowest classified rate paid by commercial '
7."OnBeer" :,.)'` ''
- 8."Off-SaleBeer" users for comparable space $ cci.inch
9.
"Off-Sale Liquor"
Subdivision 2.On-Sale Liquor Licens- (2)Maximum rate allowed by law for the above
es."On-Sale Liquor"licenses shall only 1 r
be issued to hotels,clubs,restaurants, matter $a 1. •1 col.inch
and exclusive liquor stores, and shall
permit"on-sale"of liquor only. '1'1
- Subdivision 3.Club On Sale Licenses. (3)Rate actually charged for the above matter $''• col.inc..ti
Club On Sale Licenses shall only be is-
sued to incorporated clubs which have •
been in existence for 15 years or more, (4)Rate actually charged for additional
or to congressionally chartered veter- insertions $ col.inch
an's organizations which have been in
existence for 10 years.
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.
Subdivision 6.Responsibility for Con-
duct of Business. Every licensee is re- required in Subdivision 2,no suspension
sponsible for the conduct of his place of or revocation shall take effect until the 1
business and the conditions of sobriety licensee has been afforded an opportuni-
and order in it.The act of any employee ty for a hearing pursuant to Minnesota
on the licensed premises is deemed the Statutes Sections 14.57 to 14.70.
act of the licensee as well, and the Ii- Subdivision 2. Lapse of Financial Se-
censee shall be liable to all penalties curity.Lapse of required dram shop in-
provided by this ordinance and the law surance, any required bond, or with-
equally with the employee. drawal of a required deposit of cash or
Subdivision 7. Inspections. Every li- securities, shall effect an immediate
censee shall allow any peace officer, suspension of any license issued pursu-
health officer,or properly designated of- ant to this ordinance without further ac-
ficer or employee of the City to enter,in- tion of the City Council.Notice of cancel-
spect,and search the premises of the li- lation or lapse of a current liquor
censee during business hours without a liability policy or bond,or withdrawal of
warrant. deposited cash or securities shall consti-
Subdivision 8. Display. No establish- tute notice to the licensee of,the suspen-
ment shall display liquor to the public sion of license.The holder of a license
during hours when the sale of liquor is who has received notice of lapse of re-
prohibited. quired insurance or bond,or withdrawal
Subdivision 9.Employment of Minors. of a required deposit,or of suspension or
No person under the age of 18 shall be revocation of a license, may request a
employed on the premises of any estab- hearing thereon and if such request is
lishment selling liquor or beer when made in writing to the city clerk a hear-
such beverages are on display and of- ing shall be granted within 10 days or
fered for sale.This prohibition shall not such longer period as may be requested.
apply to restaurants as defined in Min- Any suspension under this paragraph
nesota Statutes 340A.101.In no case may shall continue until the City Council de-
a person under 18 years of age offer for termines the financial responsibility re-
sale,mix,or serve liquor or beer in any quirements of this ordinance have been
licensed establishment. met.
Section 11. Restrictions on Purchase Section 13.Penalty.Any person violat-
and Consumption. ing any provision of this ordinance is
Subdivision 1.Liquor or Beer in Unli- guilty of a misdemeanor and upon con-
censed Places. No person shall mix or viction shall be punished as allowed by
prepare liquor for sale in any public law,plus the cost of prosecution in any
place of business unless it has a license case.
to sell liquor"on-sale"or a permit from Section 14.Severability.If any part of
the Commission of Public Safety under this Ordinance shall be held void,such
Minnesota Statutes,Section 340.119 and part shall be deemed severable,and the
no person shall consume liquor or beer invalidity thereof shall not affect the re-
in such a place. maining parts of this Ordinance.
Subdivision 2.Consumption in Public Section 15.Effective Date.This Ordi-
Places.No person shall consume liquor nance shall be in full force and effect
or beer on a public highway, public from and after its passage and publica-
park, or other public space, or on the tion according to law.
premises of an off-sale license holder, Passed by the City Council this 19th
without the written consent of the City day of December,1994.
Council. /s/Walter L.Stoltzman
Subdivision 3. Consumption by Mi- Walter L.Stoltzman,Mayor
nors.It is unlawful for any person under ATTEST:
21 years of age to consume liquor or beer /s/Mary Ann Creager
unless in the household of the person's Mary Ann Creager
parent or guardian and with the consent City Clerk
of the parent or guardian.No person un- (Published in THE TIMES
der the age of 21 shall purchase or at- December 29,1994)
tempt to purchase or procure liquor or
beer.It is unlawful for any person under
21 years of age to misrepresent his or
her age for the purpose of purchasing li-
quor or beer.
Subdivision 4.Proof of Age. Proof of
age for purchasing liquor or beer may
be established only by a valid driver's li-
cense or Minnesota Identification Card,
or in the case of a foreign national,a val-
id passport.
Section 12. Suspension and Revoca-
tion.
Subdivision 1.Failure to Comply with
the Law. The Council shall either sus-
pend for a period up to 60 days, or re-
voke,any liquor license,or impose a civ-
il fine not to exceed$2000.00 for each
violation upon a finding that the Licens-
ee has failed to comply with any applica-
ble statute,regulation,or ordinance re-
lating to alcoholic beverages.Except as