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HomeMy WebLinkAbout1972.03.13 ORD 1972-102ORDINANCE NUMBER 102 AN ORDINANCE LICENSING AND REGULATING THE SALE OF INTOXICATING LIQUOR IN THE VILLAGE OF HUGO. The Village Council of the Village of Hugo hereby ordains: Section 1. CONSTRUCTION OF TERMS. As used in this Ordinance, all words shall have the meanings ascribed to them by the State law for a Village, and if not given in State law, then the meaning as- cribed by common usage. In particular the terms defined herein shall be as follows: Subd. A. Intoxicating Liquor and Liquor. The terms "intoxicating liquor and"liquor" whenever used in this ordinance shall mean and include ethyl alcohol and include distilled, fermented, spiritous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. Subd. B. Sale and Sell. The terms "sale" and "sell" shall mean and include -all barters, and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law. Subd. C. Off -Sale. "Off -Sale" shall mean the sale of liquor in original packages in exclusive liquor stores or drug stores for consumption off or away from the premises where sold. Subd. D. On -Sale. "On -Sale" shall mean the sale of liquor by the glass for consumption on the premises only. Subd. E. Person. The term "person" shall include persons, corporations, partnerships, and other unin- corporated associations. Section 2. LICENSE TO SELL REQUIRED. It shall be unlawful for any person, directly or indirectly, upon any pretense or by way of any device, to manufacture, import, sell, exchange, barter, dispose of or keep for sale, any intoxicating liquor, without first having obtained a license therefor, as herein provided. Nothing herein shall prohibit the natural fermentation of fruit juices in the home for family use. Section 3. KINDS AND NUMBERS OF LICENSES. There shall be three (3) kinds of licenses defined as follows: Subd. A. On -Sale. "On sale" licenses shall be issued only to restaurants, hotels, clubs, and exclusive liquor stores, as defined in Minnesota Statutes Section 340.07, Subd. 13, and shall permit "On -Sale" of liquor only. Not more than 5 "On -Sale" licenses shall be granted at any one time. Subd. B. Off -Sale. "Off sale" licenses shall be issued only to exclusive liquor stores, and shall be unlimited in number. Subd. C. Special Club. Special club licenses shall be issued only to duly organized clubs as defined by Minnesota Statutes Section 340.07, Subd. 15. Section 4. APPLICATIONS FOR LICENSE.. Every application for a license to sell liquor shall'be verified and filed with the Village Clerk. It shall state (a) the name of the applicant, (b) his age, (c) representations as to his character, with such references as may be required, (d) his citizenship, (e) whether the application is for "on -sales" or "off -sales", (f) the business connection with which the proposed license will operate and its location, (g) . whether applicant is owner and operator of the business, (h) how long he has been in that business at that place, and (i) such other 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 prescribed by the liquor control commis- sioner in the case of off -sale applications, and on forms specified by the Village Council. No person shall make a false statement in an application. Section 5. BOND. In addition to the verified written applica- tion defined herein, each application shall be accompanied by a surety bond, or, in lieu thereof, cash or United States Government Bonds in a sum of $1,000.00 for an Off -Sale license, and $3,000.00 for an On -Sale license. Such bonds shall run to the Village and shall be approved by the Village Council. The Off -Sale bond shall be approved by the Liquor Control Commissioner also. Such bonds shall be con- ditioned as follows: (a) That the licensee will obey the law relating to such licensed business. (b) That the licensee will pay to the municipality when due all taxes, license fees, penalties and other charges pro- vided by law. (c) That in the event of any violation of the provisions of any law relating to the retail "Off -Sale" and retail "On -Sale" of intoxicating liquor, such bond shall be for- feited to the Village. (d) That the licensee will pay to the extent of the principal amount of such bond any damages for death or injury caused by or resulting from the violation of any provisions of law relating thereto, and in such cases recovery under this subdivision (d) may be had from the surety on his bond. The amount specified in such bond is declared to be a penalty, the amount recoverable to be measured by the actual damages; provided, however, that in no case shall such surety be liable for any amount in excess of the penal amount of the bond. Section 6. LICENSE FEES. The license fees as herein defined, shall be handled as follows: Subd. A. Fee Disposition. Each application for a license shall be accompanied by a receipt from the Village Clerk for payment in full of the required fee for the license. All tees 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. Subd. E. License Term. All licenses shall expire.on the last day of December of 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 appli- cation is made, a license may be issued for the re- mainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. Subd. C. License Amount. The annual fee for an "on - sale" license shall be $1,500.00. The annual fee for an "off -sale" license shall be $100.00. The annual fee for a special club license shall be $100.00. Subd. D. Fee Refundability. No part of the fee paid for any licenseissued under this ordinance shall be refunded except in the following instances upon appli- cation to the Council within 30 days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis when operation of the licensed business causes not less than one month before expiration of the license because of: (1) Destruction or damage of the by fire or other catastrophe; licensed premises (2) The licensee's illness; (3) The licensee's death; (4) A change in the legal status of the municipality, making it unlawful for the licensed business to continue. Section 7. GRANTING OF LICENSES. Before acting upon any application the Village Council shall satisfy itself that the following terms have been fulfilled: Subd. A. Investigation. The Village Council shall investigate, or cause to be investigated, 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 applica- tion in this discretion. 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. Subd. B. License Limits. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the Village Council. Subd. C. Clerk's Duties. The Clerk shall, within ten days after the issuance of any "on -sale" license under this ordinance, submit to the liquor control commissioner the full name and address of each person granted a license, the trade name, the effective license date, and the date of expiration of the license. He shall also submit to the liquor control commissioner any change of address, transfer, cancellation, or revocation of any "on -sale" or "off -sale" license by the Council during the license period. Section 8. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by any person defined in the following subdi- visions: Subd. A. Minors. Under 21 years of age; Subd. B. Bad doral Character. Who is not of good moral character or repute; Subd. C. Aliens. Who, if an individual, is an alien; Subd. D. Convicted Liquor Law Violator or Person Having Had Liquor License Revoked. Who is or has been convicted of any wilful violation of any law of the United States or the State of Minnesota or of any local ordinance regarding the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquor, or whose liquor license has been revoked for any wilful violation of any such laws or ordinances. Subd. E. Manufacturer of Liquor. Who is a manufacturer or wholesaler of intoxicating liquor or is interested directly or indirectly in the ownership or operation of any such business. Subd. F. Person Having Interest In Another License of Same Class. Who is directly or indirectly interested in any other establishment in the municipality to which a license of the same class has been issued under this ordinance. Section 9. PLACES INELIGIBLE FOR be granted for operation on any premises or other financial claims of the Village or on premises owned by a person to whom under this ordinance except an owner who non-resident of the Village. LICENSE. No license shall on which taxes, assessments are delinquent and unpaid, a license may not be granted is a minor, or alien, or a Section 10. CONDITIONS OF LICENSE. Each license granted shall be subject to the provisions of the following subdivisions: Subd. A. Applicable Laws. Every license shall be granted subject to the conditions in the following sub- divisions and all other provisions of this ordinance and of any other applicable ordinance of the Village or state law. Subd. B. Posting. The license shall be posted in a conspicuous place on the licensed premises at all times. Subd. C. Conduct of Business. Every licensee shall be responsible or the conduct of his place of business and the conditions of sobriety and order in it. Subd. D. Limitation to License Issued. No "on -sale" licensee shall sell intoxicating liquor "off -sale" unless he also holds an "off -sale" liquor license. No "off - sale" licensee shall sell "on -sale" or permit the con- sumption of any liquor on the licensed premises unless he has an "on -sale" license. Subd. E. License Limited -to Location. No license shall be effective beyond the compact and contiguous space named in the license for which it was granted. Subd. F. Prohibited Sales. No liquor shall be sold or furnished to any intoxicated person, to any habitual drunkard, or to any person under 21 years of age. Subd. G. Gamblir__9 and Gambling Devices Prohibited. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises or in any room adjoining the licensed premises and he shall not permit any gambling therein. Subd. H. Prostitution Prohibited. No license shall permit the licensed premises or any room in those pre- mises or in any adjoining building directly or in- directly under his control to be used as a resort for prostitutes. Subd. I. Equibment Ownership. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor. Subd. J. Inspection. Any peace officer, health officer, or any properly designated officer or employee of the Village shall have the unqualified right to enter and inspect the premises of the licensee during business hours. Any refusal to permit entry or inspection shall be a violation of this Ordinance. Subd. K. Packaging and Dilution Prohibited. No licensee shall sell, offer for sale, or keep for sale, intoxica- ting liquors in any original package which has been refilled or partly refilled. No licensee shall directly or through any other person dilute or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the licensed premises by any licensee of any intoxicating liquor in the original package differing in composition or al- coholic content from the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted, changed, or tampered with. Subd. L. Limit on Display. No "on -sale" liquor est- ablishment shall display liquor when open to the public during hours when the sale of liquor is prohibited by this ordinance. Subd. M. Wholesale Tax Stamp Prohibited. No licensee shall apply for or possess a Federal wholesale liquor dealer's special tax stamp except to liquidate retail stock over a period not to exceed 30 days. Subd. N. Limitation on Sales. No Person shall sell intoxicating liquor to any spendthrift or improvident person after written notice not to do so has been served on him by a parent, husband, wife, adult child, or guardian of such person or by the chief of police or any councilman of the Village. The prohibition of this subdivision shall extend for one year from the date of the service of the notice. When notice is served by an authorized person not a Village official, a copy of the notice shall also be served upon the Village Clerk; but the prohibition of this ordinance shall be effective without such additional service. Subd. 0. Products Prohibited. No licensee shall keep ethyl alcohol or neutral spirits on the licensed pre- mises or permit their use on the premises either alone or mixed with any other beverage. Section 11. HOURS AND DAYS OF SALE. No sale of intoxicating liquor shall be made after one a.m. on Sunday, nor until eight a.m. on Monday, nor between the hours of one a.m. and eight o'clock p.m. on the day of any statewide election. No "on -sale" shall be made between the hours of one a.m. and eight o'clock a.m. on any weekday. No "off -sale" shall be made before eight o'clock a.m. or after ten o'clock p.m. of any day. 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, if the sale of liquor is not otherwise prohibited on such evenings, "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 cigars, cigarettes, tobacco, or non -intoxicating malt beverages, or soft drinks shall be sold in any exclusive liquor store during the hours when the sale of intoxicating liquor is prohibited in the store. Section 12. ON -SALE SALES. All sales of liquor in an on -sale establishment shall be in full public view as provided by Minnesota Statutes Section 340.14, Subd. 2. Section 13. REVOCATION. The Council may suspend or revoke any liquor license for wilful violation of any provision or condition of this code or any state law regulating the sale of intoxicating liquor and shall revoke such license if the licensee wilfully violates any provision of Minnesota Statutes, Sections 340.07 and 340.40. Upon a first non -wilful violation of this code, the Council may suspend any license for not more than 15 days. Upon a second such violation, the Council may suspend the license for not more than 60 days. Upon a third such violation the Council may permanently revoke the license. Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the Council shall be preceded by written notice to the grantee and a public hearing. The notice shall give at least eight 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 a period of not exceeding 30 days. Section 14. SPECIAL SUNDAY ON -SALE LICENSE. Special On -Sale licenses for the sale of intoxicating liquors on Sundays shall be issued to hotels, or restaurants, or clubs, as defined in Minnesota Statutes Section 340.07, and upon application duly made to the Village of Hugo, as herein defined for "On -Sale" licenses, said Special Sunday On -Sale licenses to be governed by the provisions of Minnesota Statutes Section 340.14, Subd. 5, and the applicable terms of this Ordinance. The following subdivisions apply to said Special Sunday On -Sale licenses. Subd. A. Term of License. All special Sunday On -Sale licenses shall be For a term from the date of issuance and shall expire on the last day of December. Subd. B. Fee. The license fee for a special Sunday On -Sale license shall be $200.00, and shall be paid in the same manner defined herein for "On -Sale", "Off - Sale", and "Club" license fees. Subd. C. Hours. The special Sunday On -Sale license shall providTe__Tor sale of liquor on Sunday between the hours of 12:00 o'clock noon and 12:00 o'clock midnight on Sunday. Section 15. BOTTLE CLUBS. Bottle clubs, either public or private, shall be governed in their operation by the provisions of Minnesota Statutes Section 340.119. The following subdivisions shall apply to the application for a bottle club permit: Subd. A. A2plication Forms. Application for a bottle club permit shall be made to the Village on forms approved by the Liquor Control Commissioner, and shall specify whether a public or private bottle club permit is sought. Subd. B. Permit Fees and Disnosition. The application shall be accompanied by a permit fee of $400.00, the sum of $100.00 to be remitted to the Liquor Control Commissioner and the sum of $300.00 payable to the Village of Hugo. Subd. C. Permit Issuance and Term. The bottle club permit shall be issued pursuant to law by the Liquor Control Commissioner, and shall be renewable on the first day of July of each year. Section 16. PEIIALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine or not more than $300.00, or by imprisonment in the Village or county jail for not to exceed ninety (90) days. Section 17. REPEAL OF EXISTING ORDINXICES. Ordinance No. A-1, entitled "An Ordinance Concerning Intoxicating Liquor and Pro- viding a Penalty for Violation Thereof", passed the 6th day of December, 1926; Ordinance No. 37, entitled "An Ordinance Licensing and Regulating the Sale of Intoxicating Liquor in the Village of Hugo", adopted November 8, 1945, Ordinance No. 59, entitled "Ordinance Amending Ordinance No. 37 and Providing Special On -Sale Liquor Licenses", passed the 12th day of September, 1967, together with any other Ordinance, or portion thereof, that is in conflict with any provision of this Ordinance, are hereby repealed. Section 18. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. Passed and approved this 13th day of March, 1972. :<• MAYOR Published in the White Bear Press on the Z.1 -day of March, 1972. ti PRIINTU S 4MMAVIT OF PUBLICATION q PUBLIC ORDINANCE NUAMM AN pit,DOi�� mora. IN 'lilid V ZAAGM Flue Council .of the e ,-.Iwnlw of gq hereby or- d1oa'1. CONSTRUCTION TOM. As used in this bence, ' all words shall i tho .meanings ascribed Iwo * the. State law for 1!11, .and if not given In e Uw` .0m the meaning *0 Oy common usage. tcular the terms de- ;berein shall be as fol - r. c8+Ak4. A. INTOXICATING .&XUOR AND LIQUOR. The *Nus `iaaDaodedbg liquor" ,;Sot r * whenever. used q ire ordinance shall mean '1��j.�.� • Waft ethyl alcohol ;gyp , 10"F tad. spiritous, vinous fwd, malt beverages con- ,niag in excess of 3.2 pareent ofalcoholby.weighL 9ehd. B- SALE AND SELL. `1'bo terms • sale and • sell' fhsM mean and include all We,. and all manners or mew of Lurnishing intaxi- lkw or: liquors as described' In viola ob or evasion of law. 9dW. C. OFF -SALE. *Of - Sob' shall mean the sale of liquor in original pack - ,4m. in exclusive liquor oar" or drug stores for consumption off or away 1.4: 'from doe. premises where ahold. Subd. D. ON -SALE. *On- S&W shall mean the sale of ' Hqubi by the glass for con- sAndtlon on the premises only. PdA E. PERSON. The irm . "periw shall in- 4we persons, 'Corpora - 4M. partnerships, slid ~ udbeorpbrated asao- AFFIDAVIT OF *PUBLICATION STATE OF MINNESOTA, Counties of )} ss Ramsey and Washington Eugene D. Johnson being a duly sworn officer of White Bear Press Publishing, Inc., on oath says he is and during all the times herein stated has been the publisher and printer of the newspaper known as The White Bear Press and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50010 of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely ofpatents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the city of White Bear Lake in the Counties of Ramsey and Washington and it has its known office of issue in the city of White Bear Lake in said county, established and openduring its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by Eugene D. Johnson or persons in its employ and subject to his direction and control during all regular business hours and at which said news- paper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. Cn Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publi- cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by Eugene D. Johnson and sworn to before a notary public stating that the newspaper is a legal newspaper. , He harsher states on oath that a printed..;g; kc :............................. hereto attached as hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for ... ..,......successive weeks; that it was firs o publi!hep on - ...... the. .c2 J.. . day of..• .. 19.70...and was thereafter printed and published on every........... -to and including ............the...... day of.............19... . and that the following is a printed copy of the lower case alphabet from A to Z both inclusive, and is hereby acknowledged as being the size and kind of type used In the composition and publication of said notice. to wit: abcdefghiklmnopgrstuvwxyz Subscribed and sworn to before me this day of.. 4f.,1, -,197f Notary Publi , RA; msey County, Mi. My Commission expires"//## lC,4% . ,19: ` . (NOTARIAL SEAL) r//..: • tT EE L LICENSE TO 1s emob ain� such Sued. A. Ftcatia POSITION. f 1 It shall p. sari a/plkat�ab lfatch 'appiica#oun >bc a It ` +M lone nay persons ^ g • 66111h lh th cense shall be accompanied �' inlz'ectlY• uPa► li�aor by a receipt from the Vil- � rif iiia for by way of i is the All of ar for en In denric, tioor ' msn�cbure.! ate applications, the license. All fees shall a hely :xdwnge, bar- by tom be al fund of or' keep for r Coumdl. No Person of � mnic�ipalitygene." Upon arty' catbng liquor.►�iMr' s. salsa statement rejection of any application having obtained .,� ca9tion. for a license," Treasurer a• ShOreft, as here- `e' + l b• !pD- in.addi- shall refund the ainouhrt 1.'iittl. herein► wi'1lwvd written . 1ha` 3stural"ler• ' ` dsOn herein, him' )OM in iib shall be ac- Subd« B. LICENSE TERM. qsf. i, bons All licenses shad expire on J rr the last day of December of each year. Each license shall be issued for a per - S rat �f:Ob9 pot lod of one. "OF except *jet �t ae8. ti .a. Pow of the license i }alar 'has e rtan t y , .'` 1�'uw�isalMwll ,.i1,,tiR&s U- y, :`' stxhres, as de- %a, •Ok-!wa Don aw he Sestka Statutes b t o Can- aDDaw� 7 Ligaft .~ �Sacgan ' $x.07, Shed. 23, stow Commissioner also, Such x t '1( ` E *On=Sale' bonds shall be conditioned as a Not more C.. IIJSE On -We,* license '$ follows A Oi f'i`.: '%ht► annual fee (a) That uhthe licensee will Dol" an on -sale, license ie a at,any one obey the law reiatingts • .: shalt bye f i1ifO0.t10. The an - such licensed business. nual lee for an *off sale• . ! `flkF-SALE. "Off (b) That the licensee will Nesse shall be $100.00. s Y , I� a� be e- ytx, Pay to the municipality The annual fee for a special aepY • t o exclusive it- when due all taxes, chlicense shall be li li- ` db k*$, and • shall be cense fres, penalties club club li« in number, and other charges pro - L. '-.3PECtAt CLUB. vided by law. Subd, D. FEE REFUND - club licenses shallABRHY. No part of the (c) That in the event of any fee paid for any license is- ` ; lasued ady to duly m'- violation of the provi- sued corder this ordinance cubes as ddbwd by sions of any Iaw relat= ±' Stab"s Section ing to the retail *Off- shall be refunnded excel in R " the following instances upon Sale" and retail *On - application to the Council '` la APPLICATIONS Sale,. of intoxicatingli- within 30 daysfromthehap- LtBF.. EverY apply- quer, such toad shall be ibr a license to sell forfeited to the Village. peeing of the eveuut. There �` � ' a�awl beverified .and (d) That the licensee willpay shall be refunded a'prorats '. w1Mt';Jh9 Village Clark. to the extentoftheprin- portion of the fee for the ' suits cihai amount of such unexpired period of tine li- t a *: VA M of liver aPDB- bond any damages for cense, computes, chub,. monthly basis when oper- ,� death or injury caused ation of the licensed bust - apt by or resulting from the Hess causes not less than x as to violation of any provi- nes mounts before ss tha- r' �, with such sions of law relating one ` it ces as may be thereto, and in suet► tion of the license because 4, cases recovery under (u Destruction or damage his cftiseaahiP: this subdivision(d) may of the licensed prem - 1" t1Ae�' tyle application be had stone the surety is for 'on -sales' or an his bound. The amcahht ises by yore or Ether e o[f sales , • ` * • specified in such bold (� The l�r'8 Illness; 0 E 0 basinsas connection is declared to be apen- (S) The its death, nolle whichtheproposed ally, the amour trecov (0 A change in the legal ' 1lanse hMiiloperateand arable to be measured status of tthe muniei- t its lam, b the Y actual Asa paliiry, makingitunlaw- vlhetlalrapplicant isown- provided, however, th t ful for theMr` and of the is no case shall etch . business to licensed continue. 1NuwnOss, long he has been is surety be liable for+any Section 7. GRANTING OF amount in excess ofthe LICENSES. Before acting ` mint business at that penal amount of the UPOR any application the Vii. and ��[ n Section 6. LICENSE FM lop Council follow satisfy Of io so Coin may re- The license fees as hfireih �"If that �' following terms ,,.miter i Was to defined, shall be handed as have, bass Tim &e kit , 11111a. follows: 44 SdXL A. INVESTIGATION. The Village Council shall investipie, or cause to be invssdgated, all facts set out in the on"estionr Op- portunity shall be given to any person to be heard for or against the granting of the license. `After such in. vestigation and hearing, the Village Council shall grant or refuse the spplicaiton In this discretion. No •off sale' license shall become effective until it, together with the bond furnished by the applicant, has been ap- proved by the liquor control commissioner. Subd. B.. LICENSE LIM- ITS. Each license shall be issued.to the gpplicantooly.. Each . license shall be is- sued only for the premises described is the applica- tion- No license -.may. be transferred to Xxft r -per- _ or . to another ph" Wil StnDd. C- CLEB6m The Clerk #all, wift 4ee days atter tla. isaeae p of . any 'an -sae' Hesese ia- der this ordinance, submit to the liquor control con- missiooer the AM nome and address of each' person granted a license, the trade name, the effective license date, and the date of ex- piration of the license. lie shall also submit to the U- quor control commissioner any change of address, transfer, cancellation, or revocation of any •on•sale' or •off -sale' license by the Council during the license period. Section S. PERSONS IN- ELIGIBLE FOR LICENSE. No license shall be granted to or held by any person de- fined In the following sub- divisions: Subd. A. MINORS. Under 21 years of age; Subd. B. BAD MORAL CHARACTER. Who is not of good moral character or repute; Subd. C. ALIENS. Who, if an individual, is an alien; Subd. D. CONVICTED LIQUOR. LAW VIOLATOR OR PERSON HAVING HAD LIQUOR LICENSE. RE- VOKED. Who is or has been convicted of any wilful vio- lation of any law of the United States or the State of Mimresota or of any lo- cal ordinance regarding the manufacture, age, distri- bution, or possession for sale or distribution of in- toxicating liquor, or whose liquor license has been re- voked for any wilful viola- tion of any such laws or or- dinances. Subd. E. M&NUFACTURER OF LIQUOR. Whoisaman- ufacturer or wholesaler of intoxicating liquor or Is Interested directly or in- directly in the ownership or operation of any such. business. Subd. F. PERSON HAVING INTEREST IN ANOTHER LICENSE OF SAME CLASS. Who is directly or "- rectly interested , in any other establishment In -the municipality to which a.li- .cense of the same class has been issued under this ordi- nance* PLACES INELI- . LJCz%L No oJ4 or a, taeso*ni dby a 'pdr'atitOn to `wboa� � a :license may not be granted under this ordinnanca except an owner who Ns a minor, or alien, or a non-resident of the Village. Section 10. CONDITION OF LICENSE. Each license granted shall be subject tothe provisions of the following subdivisions: SubcL A. APPLICABLE LAWS. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance, of the Village or state law. Subd- B. POSTING. The license shall be posted in a conspicuous place on the licensed premises at all times. Subd. C. CONDUCT OF BUSINESS. Every licensee shall be responsible for the conduct of his place of busi- ness and the conditions of sobriety and order in it. Subd. D. LIMITATION TO LICENSE ISSUED. No'on- sale' licensee shall sell in- toxicating liquor •off -sale' unless he also holds an•off- sale' liquor license. No "off -sale' licensee shall sell •on -sale' or permit the consumption of any li- quor on the licensed prem- ises unless he has an 'on - sale license. Subd. E. LICENSE LIMITED TO LOCATION. No license shall be effective beyond the compact and contiguous. space named in the license for which it was granted. Subd. F. PROHIBITED SALES. No liquor shall be sold or burnished to any in-' toxicated person, to any ha- bitual drunkard, or to any person under 21 years of age. Subd. G. GAMBLING AND GAMBLING DEVICESPRO- HIBITED. No licensee shall keep, possess, or operate or permit the keeping, pos- -session, or operation ofany slot machine, dice, or any gambling device or appara- tus on the licensedpremises or In any roonadjoiningthe licensed premises and he shall not permit agygembl- Ing therein. Subd. H.. PROSTITUTION PROHIBITED. No license , shalt permit the liftnsed praxises or. any room Is - dieft Pressing or, ia,�ey adiolaltc_...bw or �_ '�Lr WAW -w new - teal to be used" it rod t for prosubkes. SuW L EQ[IR%=T0M- ERSHIP. No equipment or fbdure in anylicensodplace shall be owned In whole 'or In part by any manufactur- er or distiller of intoxicat- ing liquor. Subd. J. INSPECTION. Any peace officer, health offl- car, or any properly desig- nated officer or employee of the Village shall have the unqualified right to enter and inspect the premises of the licensee during busi- ness hours. Any refusal to permit entry or inspection shall be a violation of this Ordinance. Subd. K. PACKAGING AND DILUTION PROHIBITED. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in any original package which has been refilled or partly re- filled. No licensee shall directly or through . anyoth- er person dilute or in any manner tamper with the contents of any original package so as to .change Its composition or alcoholic content while in the original package. Possession onthe licensed premises by any licensee of any Intoxicating liquor In the originalpack- age differing in composition or alcoholic comWd from the liquor when received from the mannukahwer or. wbolesaler from whom it was purchased. shall be prima facie evidence , that the; contents of the original package have been diluted, changed, or tampered with. Subd. L. LIMIT ON DIS- PLAY. Noon-sale'liquor establishment shall display liquor when open to the pub- lic.during hours when the sale of liquor is prohibited by this ordinance. Subd. M..WHOLEISALETAX STAMP PROHIBITED. No licensee shall apply for or possess a Federal whole- sale liquor dealer's special tax. stamp except to liqui- date. retail stock •over a period not to exceed 30ay d S}ubd. N. LIMITATION ON S . No person shall se nintaxicattca• -liquor to sqi *'1060 year trim" ft.." of ce. service at do noti When notice is served by in aloorized person nota Vil- I , , official, a copy of the nptijce shall also be .served up" the; Village Clerk; but the prohibition of. this arcji- nance shall be effective without such additional ser- viod. Subs. 0. PRODUCTS PRO- HIBITED. Nolicensee shall keep ethyl alcohol or neutral spirits on the licensed premises or permit their use ,on the premises either alone or mixed with ady other beverage. Section 11. HOUR$ AND DAYS OF SALE. No sale of intoxicating liquor shall be made atter one a.m. on Sun- day, nor until eight a.m. on Monday, nor between the hours of one a.m.. and eight o'clock p.m. on the day of any state- wide election.. No •on-sge' shall be made between the hours of one a.m. and eight o'clock a.m. on any week- day. No •off -sale' shall be made beforeeighto'clocka.m. or after ten o'clock p.m. of any day. No •off -sale' shall be made on New Years Day, January 1; Independence Day, July 4; 'Thanksgiving Day; or Christmas Day, Decowhw 2S; W. on the evenings preceding such daysi 9 the sale of li- quor is net otherwise prohi- bited on such evenings, "Off - sales' may be made until ten o'clock p^, except that no "off sale' shall be made on December 24 after eight o'clock p m. No.cioar .eigsr- ettes, tobacco, or non-intcxi- eating malt beverages, or soft drinks shall be sold kk any exclusive liquor store during. the hours -when the sale of _1 Beating liquorisprohibit- ed in the store. Section 12. ON -SALE SALES. All sales of liquor in. an on -sale establishment shall be in Lull public view as pro- vided by Minnesota Statutes Section 340.14, Subd. 2. Section. 13. REVOCATION. The Council may suspend or revoke any liquor license for wilLui violation qL any provi- sion. cion. or condition of dds code or any. state..lawtbe, We of isdgd eq�ug liawe asci.. dwU rwoMs soh Kenn M the licensee wilfully violates any provision of Minnesota Statutes, Sections 340.07 and 340.40. Upon a first non - WIN violation of this code, the Council may suspend any license for not more than 15 days. Upon a second such vio- lation, the Council may sus- pend the license for not more than 60 days. Upon a third such violation dneCouncilmay permanently revoke the li- cense. Except in the case ofa suspension pending a hearing on revocation, revocation or suspension by the Council shall be preceded by written notice to the grantee and a public hearing. The notice shall give at least eight 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 ad- vance notice, suspend any li- cense pending a hearing on revocation for a period of not exceeding 30 days. Section 14. SPECIAL SUN- DAY ON -SALE LICENSE:. Special On -Sale licenses for the sale of intoatcatingliquors on Sundays shall be issued to hotels, or restaurants, or clubs, as defined in Minne- sota Statutes Section 340.07, and upon application duly made to the Village of Hugo; as herein defined for "On -Sale' licenses, said Special Sunday On -Sale licenses to be gov- erned by the provisions of Mkmsota Statutes Section 340.14, Subd. 5, and dneappli- cable terms oftldsOrdinance. The following subdtviaions ap- Ply to said Special Swndsy On - Sale licenses.' Subd. A. TERM OF LI- CENSE. All special Sun- day On -Sale licenses shall be for a terra from the date of issuance and shall expire on the lastday of December. Subd. B. FEE. The license The -a, a iecialSwtdeYOn- sale riekakse a" be .. and ' dhall 'b! paid �t.�_ _ shall provide for sale of ' liqu+or tet6bndaYbetiveinthe houura 'of 12:00'Veloci noon and 12:00 o'clock midnight cd Sunday. Section 15. BOTTLE CLUBS. - Bottle clubs, either public or private, shall be governed in their operation by t i provisions of Minne- sota Statutes Section 340.119. The following subdivisions shall apply to the applica- tion for a bottle club permit: Subd. A. APPLICATION FORMS. Application for a bottle club permit shall be wade to the Village on forms approved by the Liquor Con- trolCommissioner, and shall specify whether apub- lie or private bottle club permit is sought. Subd. B. PERMIT FEES AND DOPOS1TION. The application shall be accom- panied by a permit fee of $400.00, the sum of $100.0o to be remitted to the Liquor Control Commissioner and the sum of $300.00 payable to the Village of Hugo. Subd. C. PERMIT SSU- ANCE AND TERMS, The bottle club permit shall be issued pursuant to law by the Liquor Control Com- missioner, and shall bere- newable on the first day of July of each year. Section 16. PENALTIES. Any person violating any pro- vision of this ordinance shall be guilty of a misdemeanor, and upon conviction 'thereof shall be punished by a fine or not more than $300.00, or by imprisonment in the Village or county jail for not to ex- ceed ninety (90) days. Section 17. REPEAL OF EXWMG ORDINANCES. Or- dinance No. A-1, entitled 'An Ordinance Concerning bdoxi- eating Liquor and Providing. a Penalty for Violation There- of*, passed the Dib day of December, 1926; Ordinance No. 37, entitled •An Ofdi- kance Licensing and Regu- lating the Sale of h400deating Liquor in the: Village of Hugo", adopted November 8, 1945, Ordinance No. 59, en - Wed. "Ordinance' A�peing Ordinance. No. 37 and Pro- vldikng sosel l On -Sale Li- qusir 1,ioeoaes's ' fad ` flus day of Sbpbsi�t,186't, iiitru �'aillir Or- sad and be in force and ailsr itspessngeand assed and approved this i day of March, 1972. Ljnn M. Carlson, Mayor ATTEST: Rdbert E. Burkard, Clerk (Published in due White Bear Press March 23, 1972.