1980-077
Bill No. 1980-7
AMENDMENT TO CHAPTER XI AND APPENDIX D
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
City of Richfield does ordain:
1. Chapter XI of the Ordinance Code of the City of Richfield
relating to liquor and intoxicating beverage control is hereby
amended by adding after Section 11.07 therein, the following new
Section:
_ . . . 11.08 ON-SP.LE WINE. , .
Subdivision 1. Definitions. The following
terms have the meanings ascribed to them in
this section:
. ~ (1) The term "wine" means and includes
all vinous beverages not exceeding 14 percent
alcohol by volume.
• (2} "Sale" and "sell" and "sold" mean
all barters and all manners of furnishing _
wine including such furnishing in violation
. or evasion of law.
. (3} .The ,term "restaurant" means any
establishment under the control of a single
proprietor or manager where in consideration
of payment therefor, meals are regularly
served at tables to the general public and
which employs an adequ<.te staff for the usual
and suitable service to its guests.
. (4) The term "on-sale" means the sale
of wine by the glass, or by the drink for
consumption on the premises only.
(5) "Minor" means any person under the
~'. age of 19 years . _.. _ _. . __ __ .
Subd. 2. License R~auired. No person,
except wholesalers or manufacturers, to the
. extent authorized under state license, shall
directly or indirectly deal in, sell, or keep
for sale wine for "on-sale" sale without
first having received a license to do so as
provided in thi: section, or as provided in •
section 11.06 of this code. "On-sale" wine
licenses shall be issued only to restaurants.
No more than 7 "on-Sale" licenses may be
•• issued to restaurants.
Subd. 3. Applications for Licenses to be
Verified. Every application for an "on-sale"
llc--. enSe-shall be verified and filed with the
city clerk.
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Subd. 4. Contents of Application. In' addi-
tion to information which may be required by
the state commissioner of public safety, the
application shall state:
(1) Whether the applicant is a natural
person, corporation,- partnership, or other
form of organization.
{2) If the applicant is a natural
person, the following information shall be
furnished:
(a) True name, place and date of
birth, and street residence of applicant.
(b) Whether applicant has ever
used or been known by a name other than his
..true name, and, if so, what was such name, or
names, and information concern:~ng dates and
places where used. .
(c) The-name of the business if it
is to be conducted under a designation, name
or style other than the full individual name
of the applicant.
{d) Whether applicant is married,
or single. If married, true name, place and
date of birth and street residence address of
applicant's present spouse.
(e) Whether applicant and present
spouse are registered voters, and, if so,
where.
(f) Street addresses at which
applicant and present spouse have lived
during the preceding ten years.
(g) Whether the applicant in the
case of a natural person, or spouse, or the
manager and all persons holding or possessing
an interest in the business to be licensed
have ever been convicted for violation of any
law of the United States, State of i~Iinresota,
or any other state or territory or any munici-
pal ordinance. ,.
(h) 4Jhether applicant or spouse
has ever been engaged as an employee or in
operating a saloon, hotel, restuarant, cafe,
tavern or other business of a similar nature.
If so, applicant shall furnis~i information as
to the time, place and length of time.
(i) Whether applicant .has ever
been in military servi~:e. If so, applicant
shall, upon request, exhibit all discharges.
(j) The name, address and business
., address of each person who is engaged in
Minnesota in the business of selling, manu-
facturing or distributing wine or intoxi-
cating liquor and who is nearer of kin to the
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- applicant or spouse than second cousin,
whether of whole or half blood, or who is a
brother-in-law or sister-in-law of the appli-
cant or spouse.
(3) If the applicant is a partnership,
the names and addresses of all partners and
all information concerning each partner as is
required of a single .applicant in Paragraph
(2) above. A managing partner, or partners,
shall be designated. The interest of each
. partner in the business shall be disclosed.
A true copy of the partnership agreement
shall be submitted- with the application.
_ (4) If the applicant is a corporation
or other organization and is applying for an '
"on-sale" license, the following information
shall be furnished:
(a) The name, and, if incorpora-
ted, the state of incorporation.
(b) A true copy of the certificate _
of incorporation, articles of incorporation
or association agreement and bylaws.
(c) The name of the manager or
proprietor or other agent in charge of the
premises to be licensed, giving all the
information about said person as is required
of single applicant in Paragraph (2) above.
(d) A list of all natural persons
who, singly or together with their spouse, or
a parent, brother, sister or child of either
of them, own or control an interest in said
corporation of association, together with
their addresses and all other information
required of a single applicant in Paragraph -
(2} above.
(5) The exact legal description of the
premises to be licensed together with the
locations of and distances to the nearest
church building and school grounds.
(6) The floor number and street number
where the "on-sale" sale of wine is to be
conducted and the rooms where wine is to be
cons•amed. An applicant for an "on-sale"
license shall submit a floor plan of the
dining room, or dining rooms, whic7l shall be
open to the public, shall show dimensions and
•• shall indicate the number of persons intended
to be served in each of said rooms.
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(7} If a permit from the federal govern-
ment is required by the laws of the United
- States, whether or not such permit has been
issued, and, if so required, in what name
issued, and the nature of the permit.
(8) The amount of the investment that
the applicant has in the business, building,
premises, fixtures, furniture, stock in
trade, etc., and proof of the source of such
money.
{9} The names and addresses of all
persons, other than the applicant, who have
any financial interest in the business,
. buildings, premises, fixtures, furniture,
stock in'~trade; the nature of such interest,
' amount thereof, terms for payment or other
reimbursement. This shall include, but not
be limited to, any lessees, lessors, mort- ~. -
gagees, mortgagors, lendors, lien holders,
trustees, trustors and persons who have
co-signed notes or otherwise loaned, pledged, .
or extended security for any indebtedness of
,the application.
{10} The names, residences and business -
addresses of three• persons, residents of `
Hennepin County, of good moral character, not
related to the applicant or financially
interested in the premises or business, who
may be referred to as to the applicant's
character or in the case where information is
required of a manager, the manager's char-•
acter.
(11) Whether or not alI real estate and
personal property taxes for the premises to
be licensed have been paid and, if not paid,
the years fox which delinquent.
.. ... (12} Whenever the application for an - --- --
"on-sale" license, or for a transfer thereof,
is for premises either planned or under
construction or undergoing substantial altera-
tion, the application shall be accompanied by
a set of preliminary plans showing the design
of the proposed premises to be licensed. If
the plans or design are on file with the city
engineer, no plans need to be filed with the
city clerk.
(13} Such other information as the city
. council shall require.
(14) Proof that the applicant has com-
.. plied with all of the procedures required
under the zoning regulations of the city to
qualify the proposed licensed premises as an
approved location. The council shall not act
upon an application for a license until alI
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such regulations have been complied with and
final approval of site and building plans
have been given by the council.
Subd. 5. Execution of Application. If the
application is by a natural person, by such
person; if by a corporation, by an officer
thereof; if by a partnership, by one of the
partners; if by an unincorporated associa-
tion, by the manager or managing officer
thereof. If the applicant is a partnership,
any license, bond and insurance policy issued
shall be in the names of all~artners.
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Subd. b. Renewal Application. Applications
for the renewal of an existing license shall
be filed with the city clerk at least 60 days
prior to the date of the expiration of the
license and shall be made in such abbreviated
form as the city council may approve.
Subd. 7. Accountant's Statement. Any appli-
cant requesting a wine license renewal shall
provide the city with documentation in a form
deemed sufficient by the City Council which
shows the total gross sales and the total
food sales of the restuarant for the 12-month
period immediately- preceding the date for
filing ~~he renewal application.
Subd. 8. License Fee. The following pro-
visions control as to license fees and re-
lated subjects:
. - ._. (1) The annual license fee for an
on-sale license shall be as established in
Appendix D of this Code.
(2) The entire license fee established
in Appendix D shall be paid when the license
application is filed. No application shall
be accepted by the clerk which is not accom-
panied by such fee. R11 license fees shall
be paid into the general fund of the city.
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Upon rejection or withdrawal of any appli-
cation the license fee shall be refunded
except where rejection or withdrawal is for a
willful misstatement in the license appli-
cation.
(3) At the time of each application for
a license, the applicant shall also pay an
investigating fee as provided in Appendix D
of this Code. The investigating fee shall
not be subject to refund. If the expenses of
the investigation relating to an application
exceed the investigating fee paid with the
application, the city manager shall notify
the applicant of this fact and shall require
the appl.i:cant to pay such additional investi-
gating fees as the city rrianager deems neces=
sary to complete the investigation of the
application. The -total investigating fee
.shall not exceed the limit established in
Appendix D o.f this Code. The applicant shall
pay such additional investigating fees within
five (5) days of being so notified. If~.such
:additional investigating fee is not paid
.within that period, the City shall discon-
tinue consideration of the application.
(4) At any time that an additional
investigation is required because of a change
in the ownership, interest or control of a
partnership or a corporation, the licensee
shall pay an additional investigating fee as
provided in Appendix D o.~ this Code.
Subd. 9. License Year. The license year
shall commence April 1 of each year and
terminate on March 31 of the following year.
-~ -. When an original license is issued for a
portion of the license year, the fee shall be
prorated at the rate~~of one-twelfth of the
annual license fee per' month or portion of a
month remaining in the,license year.
Subd. 10. Granting of Licenses. The follow-
ing procedure shall be followed in processing
applications for licenses under this section:
(1) All applications for a license
shall be referred to the public safety direc-
tor, and to suctl other city departments as
•• the city manager shall deem necessary, for
verification and investigation of the facts
set forth in the application. The public
safety director shall cause to be made such
investigation of the information requested in
Subdivision 4 as shall be necessary and shall
make a written report to the city council
which shall include a list of all violations
of federal or state law or municipal regula-
tions.
(2) Upon completion of the manager's
preliminary report and within 20 days there-
after, the manager may recommend to the
council that a public hearing be held upon
the application. The council shall then
instruct the city clerk to cause to be pub-
lished in the official newspaper 10 days in
advance, a notice of the hearing to be held
by the city council, setting forth the day, '
. time and place when the hearing will be held,
the name of the applicant, the premises where
the business is to be conducted, and such
ether information as the council may direct.
At the hearing opportunity shall be given to
• any person "to be heard for or against the
granting of the license. After the hearing
the council may either grant or deny the
license. If the license is granted, the
council may withhold its issuance until the _
applicant has qualified in `all respects for
the license. If the premises to be licensed
`are not complete at the time that the hearing
is conducted the council may grant the li-
cense but shall withhold its issuance until
the premises have been completed in accor-
dance with the representations made by the
applicant. If a license has been granted but
its issuance has been withheld pending com-
pletion of the premises to be licensed, and
if the licensee does not proceed with reason-
able dispatch- to ready the premises, the
council may rescind the action granting the
license. Such action shall not be taken, " "'
however, without giving the licensee at least
eight days' notice of the time and place of a
hearing on the proposed rescession.
(3) Each license shall be issued to the
applicant only. Each license shall be issued
only for the premises described in the appli-
cation.
{4) The clerk shall, within 10 davs
after the .issuance of any license under this '
section, submit to the commissioner of public
safety 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 commissioner any change of
address, transfer, cancellation, or revoca-
tion of any license by the council during the
license period.
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Subd. 11. Person Ineligible for License. No
_ license shall be granted to or held by any
person:
(1) Who is ineligible under Minnesota
Statutes, Chapter 340.
{2) Who is a minor.
(3) Who is not of good moral character
and repute.
(4) Who, if an individual, is an alien.
(S) Who, within five years prior to the
application for such license, has been con-
' victed of any willful violation of any law of
' the United States, the State of Minnesota, or
any other, state or territory, or of any local
~~ ordinance, with regard to the manufacture,
- sale, distribution, or possession for sale or
distribution of intoxicating liquor, wine, or
non-intoxicating malt liquor orViahose liquor,
wine, or non-intoxicating malt liquor license
has been revoked for any willful violation of
any such laws or ordinances.
(6) Who is a manufacturer or wholesaler
of intoxicating liquor.
(7) Who is directly or indirectly
interested in any other establishment in the
city to which a license has been issued under
this section or under Section 11.06 of this
Code. ,The word "interested" as used in this
paragraph includes any pecuniary interest in
the ownership, operation, management or
profits of such an establishment.
(8) Who, if a corporation, does not
have a manager who is eligible pursuant to
.the provisions of this section or whose
corporate stock is owned or subject to the
beneficial interest of any person or the
.. ~ spouse of any person ineligible for licensure
under paragraphs 2, 3, 4, 5 and 6 of this
subdivision. ~'
(9) Who is the' spouse of a person
ineligible for a license under paragraphs 4,
5 or 6 of this subdivision and who, in the
judgment of the city council, is not the real
party in interest or beneficial owner of the
business operated, or to be operated, under
the l1Ce.1SL=.
Subd. 12. Ineligibility for License. Exis-
tence of any of the following conditions
render any applicant ineligible for receipt
of a license:
{1) No license shall be granted, or
renewed, for operation on any premises, on
which taxes, assessments or other financial
claims of the city or of the state are due,
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delinquent or unpaid. In the event any
_ action has been commenced pursuant to the
provisions of Minnesota Statutes, Chapter
278, questioning the amount or validity of
taxes, the city council may, on application
by the licensee, waive strict compliance with
this provision; no waiver may be granted,
however, for taxes on any portion thereof,
which remain unpaid -for a period exceeding
one year after becoming due.
(2) No license shall be granted for a
foreign corporation.
(3) No license shall be issued for the
. premises owned by a person to whom a license
_~ may not be granted under this section, except
an owner who is a minor or an alien.
~(4) No "on-Gale" license shall be
granted for a restaurant as defined ire sub-
division (1) of this section which does not
comply with the following requirements:
(a) Have a dining room seating of
at least 40 persons which conforms to the per
patron space standards contained in the State
Building Code for. restaurant dinning areas
_ seating 50 or more' persons. {b) Have a
special use permit as a restaurant at which
intoxicating liquor may be sold.
Subd. 13. Conditions Governing Issuance.
The following conditions govern issuance of a
license pursuant to .this section:
(1) Every license shall be granted
subject to the provisions of this section and
of .any other applicable ordinance or law.
(2) The license shall be posted in a
~' conspicuous place in the licensed premises at
all times.
(3} Every licensee shall be responsible
for the conduct of his. place of business and
for the conditions of sobriety and order in
the place of business and on the premises.
(4} No "on-sale" license shall sell
wine "off-sale".
(5) No license shall be effective
beyond the compact and contiguous space shown
in the license application for such license.
(6) No minor shall be employed in any
• rooms constituting the place in which wines
are sold at retail "on-sale", except that
minors may be employed to perform the duties
of a bus boy or dishwashing services in
restaurants licensed under the provisions of
this section.
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(7) No wine shall be sold or furnished
or delivered to any intoxicated person, to
any habitual. drun}card, to a minor, or to any
person to whom sale is prohibited by state
law.
{8 )_ No licensee or any of his employees
shall keep, possess,, 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, nor
shall any such person permit any gambling
therein.
(9) No licensee or any of his employees
shall knowingly permit the licensed premises
or any room in those premises or any adjoin-
ing building directly or indirectly under his
control to be used as a resort for prosti-
tutes or for persons engaged in the illegal
possession, use or sale of drugs or other
controlled substances.
(10) Any police officer, health officer,
sanitarian, building inspector or any proper-
. ly designated officer or employee of the city
shall have the unqualified right to enter,
inspect and search the premises of the licen-
see without a search warrant at any time
during which the sale of wine is occurring
therein. Acceptance by the licensee of the
license shall be deemed as consent to such
entry, search and inspection .
(11) No "on-sale" wine establishment
.shall display wine to the public during hours
when the sale of wine is prohibited by this
ordinance.
(12) No licensee shall apply for or
possess a federal wholesale or retail liquor
dealer's special tax stamp or a federal
gambling stamp. t
(13) Changes in the corporate or associa-
tion officers, corporate charter, articles of
incorporation, bylaws or partnership agree-
ment, as the cases may be, shall be submitted
to the city clerk not less than 30 days
before such changes are to be made. In the
case of a corporation, the licensee shall
notify the city clerk when a person not
listed in the original application acquires
an interest which, together with that of his
spouse, parent, brother, sister or child,
exceeds 5%. Such notice shall be given not
less than 30 days from the date of the pro-
posed transfer.
(14) At the time a licensee submits his
application for renewal of a license, he
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shall state the nature and amount of any
contribution he has made for campaign or
political purposes, the person to whom the
contribution was made and the person or
organization for whom intended.
(15) A restaurant shall be conducted in
such a manner that the principal part of the
business for a license year is the serving of
foods.
(lb) Restaurants shall display a sign
calling attention to the open bottle law.
(17) No licensee shall sell, offer for
sale, or keep 'for sale, wine in any original
.package which has been refilled or partly
refilled.' No licensee shall directly or
through any other ,person delete or in any
manner tamper with-the contents of any origi-
nal package so as to change its composition
or alcoholic content while in the original
package. Possession on the premises by the
licensee of any wine in the original package
differing in the composition or alcoholic
.content in the wine when received from th.e
manufacturer or wholesaler from whom it was
purchased shall be prima facie evidence that
.the contents of the original package has been
diluted, changed or tampered with.
(18) The business records of the licen-
see, including federal and state tax returns,
shall be available for inspection by the city
manager, or other duly authorized representa-
tives of the city or the city council at all
reasonable times.
(19) No person may serve as manager in
any restaurant serving wine who does not
satisfy all the criteria required under
Subdivision 11 for the issuance of a license.
All licensees which are required to designate
a person to manage the licensed operation
shall notify the city of any proposed change
of manager from the person designated in the
application. Such proposed substitute must
qualify in the same manner as the original
manager. Upon notice of such proposed substi-
tution, the city manager shall conduct such
investigation involving such departments as
he-deems necessary to determine the qualifi-
cation of the proposed substitute to act as
manager. The city manager shall report his
investigation to the council which may either
approve or disapprove of the proposed substi-
tute. The fee for the investigation required
under this paragraph shall be as provided in
Appendix D of this Code.
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Subd. 14. Bond.
(1) No license granted under this
section shall be issued until the licensee
has filed with the city clerk a fidelity bond
in the amount of $5,000. At the time the
license is granted the council shall desig-
nate whether such bond shall be with corpor-
ate surety duly licensed to do business in
the State of Minnesota or with a personal
surety who is a person of good credit and a
property owner in the city. The licensee
shall keep such bond or any substituted bond
in the same amount and with the same terms ire
full force and effect throughout the license
period.
(2) The surety bond .required by Para-
graph (1) of this subdivision shall be sub-
ject to the approval of the city attorney as
to form and execution.
{3} Al-1 such bonds shall be conditioned
as follows:
(a} The licensee will obey the law
relating to the licensed business.
(b} The licensee will pay to the
city when due all• taxes, licensee fees,
penalties and other charges provided by law.
(c) In the event of violation of
any law relating to the business for which
the license has been granted for the sale of
wine, the bond shall be forfeited to the
city. .
(4) All such bonds shall provide that
no cancellation for any cause can be made
either by the bonding company or the appli-
cant, without said person first giving 30
days' written notice to the city, addressed
. to the city manager, of intention to cancel
the bond.
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Subd. 15. Liability Insurance.
(1) Prior to the issuance of an "on-
sale" wine license, the applicant shall file
with t7ie city clerk (a) a public liability
insurance policy providing coverage of at
least $250,000 and $500,000 and (b) a liquor
liability policy covering liabilities under
the provisions of Minnesota Statutes 1979,
Section 340.96 and providing coverage of at
least $100,000 and $300,000. The city shall
be named as an additional party insured on
each of such policies.
(2) Such policies shall provide that no
cancellation for any cause shall be made b~,r
either the insured or the insurer without
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first giving written notice of such cancel-
lation to the city at least 30 days prior to
the effective date of the cancellation.
(3) Such policies of insurance shall
further provide that subject to the limita-
tions of paragraph (1) above, no payment of
any claim by the insurance company shall in
any manner decrease the coverage provided for
in respect to any other claim or claims
brought against the insured or the insuring
. company.
(4) Such policies shall be subject to
approval of the city attorney as to form and
.execution and shall be issued by companies
who are duly licensed to do business in the
: State of Minnesota. Such policies, when
approved by the proper city officials, shall
be deposited with the city clerk.
Subd. 16. Hours and Days of Operation. The
sale of wine in conjunction with the serving
of food shall be permitted between B:OO a.m.
and 1:00 a.m. on weekdays and until 1:OO a.m.
on Sunday morning,' and between noon and
midnight on Sunday, unless such Sunday sale
is prohibited in the license. Sale of wine
at times other than those permitted in this
subdivision is unlawful. Wine shall not be
sold at any establishment li~~ensed hereunder
'~etween 1:00 a.m. and 8:00 p.m. on the day of
any local or statewide election.
Subd. 17. Restrictions Involving Sale to
Minors.
(1) No licensee, its agent or employee
shall serve or dispense upon the licensed
premises any wine to ~ minor, nor shall such
licensee, or its agent or employee permit a
minor to be furnished or consume any such
wines on the licensed premises; nor shall
such licensee, or its agent or employee
permit a minor to be present at any part of
the licensed premises where wine is served if
not accompanied by such child's parent or
legal guardian.
(2) Upon demand of the licensee, its
agent or employee, any person present on the
•• premises or seeking entrance thereto shall
produce and permit the examinations of such
persons driver's license or non-qualification
certificate issued by the State of Minnesota.
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Subd. 18. Other Restrictions on Purchase or-
Consumption.
(1) No person shall give, sell, pro-
cure or purchase wine for any person to whom
the sale of wine is forbidden by law.
{2) No person shall mix- or prepare
wine for "on-sale" consumption in any public
place not licensed in accordance with this
code and the laias of the State of P+Iinnesota.
{3) Wine may not be sold or served in
any bar or cocktail lounge area of the res-
taurant but only at tables where meals are
regularly served.
{4) No person may be sold• or served
wine who'does not order food to be consumed
witr~ the wine .
. (5) Wine may not be sold or served in
containers larger in volume than one liter.
{6} Patrons shall not be allowed or
permitted to remove from the premises any
wine receptacles which contain wine whether
or not the seal is broken. The licensee
shall take such steps as are necessary to
inform patrons of this prohibition prior to
making any wine sale
Subd. 19. Revocation. The city council may
suspend or revoke an "on-sale" license for
the violation of any provision or condition
of this section, Code section 10.24 or of any
state law or federal law regulating intoxi-
cating liquor or wine and shall revoke such
license for any willful violation which,
under the laws of the state, is grounds for
mandatory revocation.
Subd. 20. Revocation Procedure. The li-
censee shall be afforded an opportunity for a
hearing pursuant to Minnesota Statutes,
Section 15.0418 and 15.0426 before the city
council may vote whether to revoke or to
suspend its license. No suspension shall
exceed b0 days.
Subd. 21. En1ar_gement, Alterations or Exten-
sion of Premises. Proposed enlargement,
•• alteration or extension of premises previous-
ly licensed shall be reported to the city
clerk at or before. the time application is
made for a building permit for any such
change and the licensee shall also give such
information as is required by Subdivision 4.
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Subd. 22. Transfer of License. No transfer
of any license required under this section
shall be permitted until all of the pro-
visions of this section have been met includ-
ing the filing of an original application,
the payment of all fees and the approval of
the city council. A license transfer shall
be deemed to have occurred when any of the
following conditions exist:
{1) Any expansion, material alteration
. or. extension of the licensed premises in-
tended to be used for the sale or consumption
of wine, !'on-s-ale" .
(2) Any transfer of the license from
person to person or .from place to place.
~(3) Any change in the business struc-
ture or organization of the licensee includ-
ing, but not limited to, changes in the
corporate or association officers, charter,
articles of incorporation, bylaws or partner-
ship agreement.
(4) Any change in the legal or bene-
ficial ownership of corporate stock which,
together with the 'interest of a spouse,
parent, brother, sister or child, involves 5%
or more of the corporate stock.
(5) The grant of any power of attorney,
voting proxy, pledge or other assignment of
the voting rights of corporate stock which
will effec~~: alone or in conjunction wi~ch any
other assignment to the same assignee, his
spouse, parent, brother, sister or child, 5%
or more of the voting shares of stock.
{6) The creation of any new pecuniary
interest in the ownership operation manage-
~~ ~ ment, or profits of the licensed business.
(7} The existence of any other situa-
tion whereby individuals other than those
listed in the original license application
acquire a role in the management, operation
or profit of the license."
2. Appendix D, Section 8 of the Ordinance Code of the City of
Richfield, Minnesota, is hereby amended by adding after paragraph
(2)d, the following new subparagraph:
"e. Wine 11.08 lyear $300.00"
16
3. Appendix D, Section 8 of the Ordinance Code of the City of
Richfield, Minnesota, is hereby amended by adding after paragraph
4(b) the following new subparagraph:
"c. Wine 11.08 Original Application--
, Initial fee $150.00 and
total fee not to exceed
•$1700.
Renewal Application--Ini-
tial fee $50.00 and total
fee not to exceed $1700.
- Additional Investigation
under 11.08 Subd. 8. (4)-
$1-00.00 and not to exceed
$1700.00
Investigation of substi-
tute manager-$25.00.
Passed by the City Council of the City of Richfield, Minnesota,
this 10th day of March -~ 1980.
~ ..~~ a
D Priebe, Mayor
ATTEST:
~~
^~~
Syr is K. Bergh, Acti ~ City Clerk
~'
['
SUN
NEWSPAPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD SUN
9615 Lyndale Avenue South
Bloomington, Minnesota
State of Minnesota
County of Hennepin
DON R. CARSON, being duly sworn, on oath says he is and during all times here stated has been the
president and printer of the newspaper known as The Richfield Sun 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 codumn 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 every week. (3) Said newspaper has 50% 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 of patents, plate matter and advertisements.
(4) Said newspaper is circulated in and near the municipalities 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 Richfield in the County of Hennepin and it has
its known office of issue in the City of Bloomington in said county, established and open during its regular
business hours for the gathering of news, sale of advertisements and sale of subscriptions and
maintained by the managing officer of said newspaper or persons in its employ and subject to his
direction and control during all such regular business hours and devoted exclusively during such regular
business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue
immediately with the State Historical Society. (7) Said newspaper is made available at single or
subscription prices to any person, corporation, partnership or other unincorporated association
requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9)
Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each
January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the
managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a
legal newspaper.
He further states on oath that the printed 8111 NO . 19 g ~-7
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, forQll~successive weeks;
that it was first so published on wE'C~. the ~-9 day of MaZ'ch 19 80
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:
abcdefghijklmnopgrstuvwxyz
~..._ G
Subscribed and sworn to before me this ~ ~ day of M3rGY1 19-~
~"'°"~° MERIDEL M. HEDBLOM
~ ,R BgHENNEPIN CC7UNTYTA
(tly commission expires july 2, 1986
1'a.
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SUN
loomington, Minnesota
11 times here stated has been the
d has full knowledge of the facts
nguage in newspaper format and
uare inches. (2) Said newspaper
iper has 5tt% of its news columns
is to serve and does not wholly
date matter and advertisements.
purports to serve, has at least 500
:least 75% of its total circulation
as second-class matter in its local
the County of Hennepin and it has
dished and open during its regular
and sale of subscriptions and
in its employ and subject to his
d exclusively during such regular
spaper files a copy of each issue
is made available at single or
!her unincorporated association
1 newspaper has complied with all
publication mentioned below. (9)
rior to January 1, 1966 and each
-etary of State and signed by the
is stating that the newspaper is a
1980-7
id newspaper, and was printed
for (~YIP_ successive weeks
March ,19 80
to and including
the following is a printed copy
owledged as being the size and
a -
~3r~1~_, 19-_$0
(Official Publication)
LEGAL NOT[CE
Bill No. 1980-7
AMENDMENT TO CHAPTER XI AND APPENDIX D OF THE
' ORDINANCE CODE OF THE
CITY OF RICHFIELD
City of Richfield does ordain:
1. 'Chapter XI of the Ordinance Code of the City of Richfield relating to
Iiquror,¢nd intoxicating beverage control is hereby amended by adding after
Section.11.07 therein, the following new Section: --~
1'C.0$ ON'-SALE. WINE.
Subdavisi6+n 1.. Definitions. The following terms have the meanings
ascribed to them in this section:
:. :~J(1$ The term "wine" means and includes all vinous beverages not
exceeding 14 percent alcohol by volume.
`°l2) "Sale" and "sell" and "solid" mean all barters and all manners
ottt~rnishing wine including such furnishing in violation or evasion of law.
(3) The term "restaurant" means any establishment under the
confrof :of a single proprietor or manager where in consideration of
payment therefor, meals are regularly served at tables to the general
public aixf which employs an adequate staff for the usual and suitable
service, ds guests.
~(df" ~ term "oh-sale" means the sa]e of wine by the glass, or by the
drink fo nautnption on the premises only.
(5) `pA,27tpor"means any person under the age of 19 years.
Subd.~~~ Li@ense Required. No person, except wholesalers or manufac-
turers ~'rli@ eittent authorized under state license, shall directly or
indirec.~ cal in, sell, or keep for sale wine for "on-sale" sale without
first fiayYAg;received alicense to do so as provided fn this section, or as
provide~e section 11.06 of this code. "On-sale" wine licenses shall be
issued on y to restaurants. Na more than 7 `on-sale" licenses may be
issued to restaurants.
Subd. 3. Applications for Licenses to be Verified. Every application for an
^on-salt"'license shall be verified and filed with the city clerk.
Subd. 4 Contents of Appllcatios. In addition to information which maybe
required by the state commissioner of public safety, the application shall
,"~.. ether the applicant is a natural person, corporation, partner-
shlp, or other form of organization.
(2) If [he applicant is a natural person, the following information
sha1111e furnished:
c I i ~8) True name, place and date of birth, and street residence of
applicant;
(b) Whether applicant has ever used or been known by a name
otht'r than his true name, and, if so, what was such name, or names,
~pformation concerning dates and places where used.
't'' .(c) The name of the business if it is to be conducted under a
i d'ation, name or style other than the full individual name o[ the
~p~yyccant.
~(d) Whether applicant is married, or single. 1f married, true
name, place and date of birth and street residence address of
applicant's present spouse.
(e) Whether applicant and present spouse are registered voters,
and, it so, where.
(q Street addresses at which applicant and present spouse have
lived during the preceding ten years.
Yg) Whether the applicant-in the case of a natural person, or
spouse, or the manager and all persons holding or possessing an
interest in the business to be licensed have ever been convicted for
viol~tfon of any law of the United States, State of Minnesota, or any
ocherr,,s,state or territory or any municipal ordinance.
°(h)'Whether applicant or spouse has ever been engaged as an
-. employee or in operating a saloon, hotel, restaurant, cafe, tavern or
., other business of a similar nature. If so, applicant shall furnish
information as to the time, place and length of time.
(i) Whether applicant has ever been in military service. If so,
~. applicant shall, upon request, exhibit all discharges.
(j) The name, address and business address of each person who
is engaged in Minnesota in the business of selling, manufacturing or
distributing wine or intoxicating liquor and who is nearer of kin to the
applicant or spouse than second cousin, whether of whole or half ,
blood, or who is abrother-in-law or sister-in-law of the applicant or
spouse,
(3) If the applicant is a partnership, the names and addresses of all
partners and all information concerning each partner as is required of a
single applicant in Paragraph (2) above. A managing partner, or
partners, shall be designated. The interest of each partner in the business
shall be disclosed. A true copy of the partnership agreement shall be
submitted with the application.
(4) If the applicant is a corporation or other organization and is
applying for an, "on-sale" license, the following information shall be
furnished:
(a) The name, and, it incorporated, the state of incorporation.
(b) A true copy of the certificate of incorporation, articles `of
• incorporation or association agreement and bylaws.
'',. (~) The name of the manager or proprietor or other agent in
chargge_ of the premises to be licensed, giving all the information
ab9(d:Said person as is required of single applicant (n Paragraph (2)
ab4y~
`--,1CdY A list of all naturalpersons who, single or together with their
spqus~, or a parent, brother, sister or child of either of them, own or
ebnff'ol an interest in said corporation of association, together with
thett~;addresses and all other information required of a single
applie tin Paragraph (2)- above. - - _
GS}-- exact legal acscr;ption of the premises to b ~ w din
with'th cations of and distance g and
school rounds.
(f+k floor number and street number where the "on-sale" sale of
,wine is o conducted and the rooms where wine is to be consumed. An
tan "on-sale" license shall submit a floor plan of the dining
ing rooms, which"shall be open to the public, shall show
'.enS and shall indicate the number of persons intended to be
erved'ii%~`ach of said rooms.
management or profits ot'such an establishment.
(8) Who, if a corporation, does not have a manager who is efigibie
pursuant to the provisions of this section or whose corporate stock is
owned or subject to the beneficial interest of any person or the spouse of
any person ineligible for licensure under paragraphs 2, 3, 4, 5 and 6 of this
subdivision.
(9) Who is the spouse of a person ineligible for a license under
paragraphs 4, 5 or 6 of this subdivision and who: in the judgment of the
city council, is not the real party in interest or beneficial owner of the
business operated, or to be operated, under the license.
Subd. 12. Ineligibility for License. Existence of any of the following
conditions render any applicant ineligible for receipt of a license:
(1) No license shall be granted, or renewed, for operation on any
premises, on which taxes, assessments or other financial claims of the
city or of the state are due, delinquent or unpaid. In the event any action
has been commenced pursuant to the provisions of Minnesota Statutes.
Chapter 278, questioning the amount or validity of taxes, the city council
may, on application by the licensee, waive strict compliance with this
provision: no waiver may be granted, however, for taxes on any portion
thereof, which remain unpaid for a period exceeding one year after
becoming due.
(2) No license shall be granted for a foreign corporation.
(3) No license shall be issued for the premises owned by a person Lo
whom a license may not be granted under this section, except an owner
who is a minor or an alien.
(4) No "on-sale" license shall be granted for a restaurant as de[ined
in sub-division (1) of this section which does not comply with the
following requirements:
(a) Have a dining room seating of at least 40 persons which
conforms to the per patron space standards contained in the State
Building Code for restaurant dining areas seating 50 or more persons.
(b) Have a special use permit as a restaurant at which intoxicating
liquor may be sold.
Subd. 13. Conditions Governing Issuance. The following conditions govern
issuance of a license pursuant to this section:
(1) Every license shall be granted subject to [he provisions of this
section and of any other applicable ordinance or taw.
(2) The license shall be posted in a conspicuous place in the licensed
premtses at all times.
(3) Every licensee shall be responsible for the conduct of his plane of
business and for the conditions of sobriety and order in the place of
business and on the premises.
(4) No "on-sale" license shall sell wine "off-sale."
(5) No license shall be effective beyond the compact and contiguous
space shown in the license application for such license.
(6) No minor shall be employed in any rooms constituting the place in
which wines are sold at retail "on-sale," except that minors may be
employed to perform the duties of a bus. boy or dishwashing services in
restaurants licensed under the provisions of this section.
(7) No wine shall be sold or furnished or delivered to any intoxicated
person, to any habitual drunkard, to a minor, or to any person to whom
sale is prohibited by state law.
(8) No licensee or any of his employees shall keep, possess, 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, nor shall any such person permit
any gambling therein.
(9) No licensee or any of his employees shall knowingly permit the
licensed premises or any room in those premises or any adjoining
building directly or indirectly under his control to be used as a resort for
prostitutes or for persons engaged in the illegal possession, use or sale of
drugs or other controlled substances.
(10) Any police officer, health officer, sanitarian, building inspector
or any properly designated officer or employee of the city shall have the
unqualified right to enter, inspect and search the premtses of the licensee
without a search warrant at any time during which the sale of wine is
occurring therein. Acceptance by the licensee of tite license shall be
deemed as consent to such entry, search and inspection.
(11) No "on-sale" wine establishment shall display wine to the public
during hours when the sale of wine is prohibited by this ordinance.
(12) No licensee shallapply for or possess a federal wholesale or
retail liquor dealer's special tax stamp or a federal gambling stamp.
(13) Changes in the corporate or association officers, corporate
charter, articles of incorporatton, bylaws or partnership agreement, as
the cases may be, shall be submitted to the city clerk not less than 30 days
before such changes are to be made. In the case of a corporation, the
licensee shall notify the city clerk when a person not listed in the original
application acquires an interest which, together with that of his spouse,
parent, brother, sister or child, exceeds 5%. Such notice shall be given not
less than 30 days from the date of the proposed transfer.
i14) At the time a licensee submits his application for renewal of a
license, he shalt state the nature and amount of any contribution he has
made for campaign or political purposes, the person to whom the
contribution was made and the persoh or organization for whom
intended.
(15) A restaurant shall be conducted in such a manner that the
principal part of the business for a license year is the serving of foods.
(16) Restaurants shall display a sign calling attention to the open
bottle law.
(17) No licensee shall sell, offer for sale, or keep for sale, wine in any
original package which has been refilled or partly refilled. No licensee
shall directly or through any other person delete 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 premises by the licensee of any wine in the original
' package differing in the composition or alcoholic content in the wine
when received [rom the manufacturer or wholesaler from whom it'was
purchased shall be prima facie evidence that the contents of the original
package has been diluted, ohanged or tampered with.
(18) The business records of the licensee, including federal and state
tax returns, shall be available for inspection by the city manager; or
other duly authorized representatives of the city or the city council at alt
reasonable times.
1191 No nerson may serve as mans aer in anv ro~ta„ra.,~ ~arvtoa.,.,..o
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