1976-09Bi11 1976-9
AMENDMENT TO CHAPTER XI
SECTION 11.06 OF THE ORDINANCE CODE
OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter XI, Section 11.06 of the Ordinance Code of the City of
Richfield relating to the sale of "on-sale" Intoxicating liquor is hereby
amended as follows:
1 . By amending Subdivision 1 , Paragraph (3) , Subdivision 4, Paragraph
(2) (g), Subdivision 8, Paragraph (5), Subdivision 9, Paragraph (2), Subdivision
10, Paragraph (8), Subdivision 12, Paragraph (13), Subdivision 13, Paragraph
(1), Subdivision 14, Paragraph (1), Subdivision 19 and adding Subdivision 23
to read as follows:
"Subdivision 1 (3). The term 'restaurant' means any establishment
under the control of a single proprietor or manager, having appro}~riate
facilities to serve meals in one or more dining rooms having a total area
of at least [ 10, 000 ] 7, 500 square feet, and where in consideration of
payment therefor, meals are regularly served at tables to the general
public, and which employs an adequate staff for the usual and suitable
service to its guests and the principal part of the business of which is
the serving of foods . The area to be used in computing such [ 10, 000]
7, 500 square foot minimum shall be the gross floor area of the restaurant
including liquor. Basement areas, however, shall not be counted for the
purpose of meeting such [ I0, 000] 7, 500 square foot minimum requirement. "
"Subdivision 2. License Required. No person, except wholesalers or
manufacturers, to the extent authorized under state license, shall directly
or indirectly deal in, sell, or keep for sale any intoxicating liquor for "on-
sale" sale without first having received a license to do so as provided
in this section. "On-sale" licenses shall be issued only to hotels and
restaurants . No more than [five] seven "on-sale" licenses may be
issued to .hotels and restaurants . "
"Subdivision 4 (2) (g) . Whether the applicant in the case of a
natural person, or his spouse, or the manager and all persons holding
or possessing an interest in the business to be licensed have [has]
ever been convicted [ of any ordinance, other than traffic] for violation
of any law of the United States, State of Minnesota, or any other state
or territory or any municipal ordinance."
-3-
"Subd. 13 (1). At the time of filing an application for an 'on-
sale' license, the applicant shall file a bond with corporate surety
with the city clerk. Such bond shall be in the amount of $10, 000.00.
The license shall keep such bond or any substituted bond in the same
amount and with the same terms in full force and effect throughout the
license period. "
"Subd. 14 (1). Prior to the issuance of an 'on-sale' liquor license,
the applicant shall file with the 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, Section 340.96. [Each of such policies shall
and providing covers ge of at least $100, 000 and $300, 000. The
city shall be named as an additional party insured on each of such
policies . "
"Subd. 19. Revocation or Sus ension Procedure. The licensee
shall be [ granted a hearing upon at least ten days notice before
revocation or suspension is ordered by the city council in cases where
mandatory revocation is not provided by law. Such notice shall state
the nature of the charges against the licensee. The notice may be
served upon the licensee personally or by leaving the same at the
licensed premises with the person in charge thereof. ] afforded an
opportunity for a hearing pursuant to Minnesota Statutes Sections
15.0418 to 15.0426 before the city council may vote whether to
revoke or to suspend its license . No suspension shall exceed 60 days . "
"Subd. 23. Transfer of License. No transfer of any license
required under this section shall be permitted until all of the provisions
of this section have been met including 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:
material or
(1) Any expansion, alteration, extension of the licensed
premises intended to be used for the sale or consumption of intoxicating
liquor, on-sale .
(2) Any transfer of the license from person to person or from
place to place.
(3) Any change in the business structure or organization of the
licensee including, but not limited to, changes in the corporate or association
officers, charter, articles of incorporation, bylaws or partnership agreement.
(4) Any change in the legal or beneficial 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.
-4-
(5) The grant of any power of attorney, voting proxy, pledge
or other assignment of the voting rights of corporate stock which will
effect alone or in conjunction with 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 management, or profits of the licensed business.
(7) The existence of any other situation whereby individuals
other than those listed in the original license application acquire a
role in the management, operation or profit of the license. "
2. By repealing Subdivision 12, Paragraph (17} and renumbering the
remaining paragraphs of Subdivision 12 accordingly.
Passed by the City Council of the City of Richfield this 12 day of ~.pri1
1976.
1
ATTEST:
~~l ,~
'~r' _. _ ~ ~~s s ~:. ;~~~ .
Thomas J. Moran, City Clerk
i'
C.__ / /~
~_
,_ - ~, _ .
oren L. a Mayor
SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD,SUN
6601 W. 7$th St. Bloomington, Minnesota
State of Minnesota
ss.
County of Hennepin
J. R. RITCHAY, being duly sworn, on oath says he is and during a71 times here stated has
been the vice president and printer of the newspaper known as 7'he Richfield Sun and
llas 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 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 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 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 Ieast 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
], 1966 and each January 1 thereafter an 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 ?1~ ~ , 77C~-O ~""°t2C'~:Y.ant tG~ ;~1c.'~J3',G'' ~~
printed i d--
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, for OTl9 successive weeks;
that it was first so published on ~ thn Ly day of -(i` NrZ~ 19 ~~
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, t6-wit:
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me this ?`) day of `'~z'1~ 19 ~~
rR N`~~`~`~/~M/~/v~/~MM,','~MM,M/W~M ac
~~ MURIEL L. QUIST
~_ _, r>„a
`:~yii `N0?:??Y PUBLIC -MINNESOTA
_~; J C TY
e;n flr~s " '.
'~W~/W(/YWV VWWVWIt
public notices
(Official Publication)
LEGAL NOTICE
Bul N°.1x76-s
AMENDMENT TO
CHAPTER XI
SECTION 11.06 OF THE
ORDINANCE CODE OF THE
CITY OF RICHFIELD
CITY OF RICHFIELD DOES OR-
DAIN:
Chapter XI, Section 11.06 of the Or-
dinance Cnde of the City of Richfield
relating to the sale of "on-sale" in-
toxicating liquor is hereby amended
as follows:
1. By amending Subdivision 1,
Paragraph (3), Subdivision 4, Parag-
raph (2) (g), Subdivision 8, Parag-
raph (5), Subdivision 9, Paragraph
(2), Subdivision 10, Paragraph (8),
Subdivision 12, Paragraph (13), Sub-
division 13, Paragraph (1), Subdivi-
sion 14, Paragraph (1), Subdivision 19
and adding Subdivision 23 to read as
follows: ~
Subdivision 1 (3). The term
`restaurant' means any estab-
lishment under the control of a
single proprietor or manager,
having appropriate facilities to
serve meals in one or more dining
rooms having a total area of at
least [10,000] 7,500 square feet,
and where in consideration of
payment therefor, meals are
regularly served at tables to the
general public, and which emp-
loys an adequate staff for the
usual and suitable service to its
~uests'and,the principal part of
the business of which is the serv-
ing of foods. The area to be used
in computing such [10,000] 7,500
square foot minimum shall be the
gross floor area of the restaurant
including liquorBasementareas,
however, shall not be counted for
the purpose of meeting such
[10,000) 7,500 square foot
minimum requirement."
"Subdivision 2. License Re-
quired, No person, except
.wholesalers or manufacturers,to
the extent authorized under state
license, shall directly or indi-
rectly deal in, sell, or keep For
sale any intoxicating liquor for
"on-sale" sale without first hav-
ing received a License to do so as
provided in this section. "On-
sale" licenses shall be issued only
to hotels and restaurants. No
'more than (five) seven "on-sale"
licenses may be issued to hotels
and restaurants."
"Subdivision4 (2) (g). Whether
the applicant in the case of a
natural person, or his spouse, or
the manager and all persons hold-
ing or possessing an interest in
the business to be licensed have
,,[has] ever been convicted [of any
.: ordinagce, other than traffic] for-
violation of asy law of the United
Status, State of 1VMnesota, or any
:other state-or territory or any
"Subd.. 8''{5). At any time that
an a'ilditignal,utyestigation is re-
quired;bei9ai~e~Qt;a change in the
ownership;;intetves!"orcontrol of a
partnership a corporation [or
;because: of; ,enlargement, alt-
erat3on. or.ext~nsion df the pre-
mises pr ,licensed] the
licensee sy,ran-additional
invest ativefee tltitheamount of
t$~ $ _ 00 r' each indi-
vidnal change who
who n ,gip; original or
- lr agePs pre-
lira ~ port Land re-
c e chief of
police] au ' .. , ys there-
after,'the-. ~ recom-
mend a public
hearing, w e applica-
tion. The,. all then in-
struct the': ~ i~ to cause to be
publishe,the' official news-
paper 'I0"'d"a_ys in advance, `a
notice of the hearing to be held by
__ the city council, setting forth the
e earin when the
iven !y°APortunit "T`
g to an Y shall be
for or againstpjleson to be heard
license after therhearingfthe
council y either
the license grant or deny
granted, the counc j license is
hol has Issuance until the a with'
f rtt}Ie li qe alifietl in all reSPAlic-
be licensed arolf the Accts
premises to
the time that the heann Alete at
ducted the council g is con-
license but shall maYg1'ant the
suance until the withhold its fs-
been completed Premises have
with the representationscordance
beenaPPlicant. If a licensade by
granted but its Issuan a has
bon ~ geld pending com Ie-
not Aroceend i fthe11 censee does
Patch to read Ith reasonable dis-
council ma Y the Aremises, the
,vr~.,~:__ ,, y 1'eSCinrl fh.. _ ..
censee personally or by leaving
the same at the licensed premises
with the person in charge
thereof.) afforded an opportunity
for a hearing pursuant to Min-
nesota Statutes Sections 15.0418 to
15.0426 before the city council
may vote whether to revoke or to
suspend its license. No suspen-
sion shall exceed 60 days."
"Subd. 23. Transfer of License.
No transfer of ariy license re-
quired under this section shall be
permitted until all of the provi-
sions of this section have been
met including the filing of an orig-
inal 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 condi-
lions exist:
(1) Any expansion, alteration,
extension of the licensed pre-
mises intended to be used for the
sale or consumption of intoxicat-
ing liquor, on-sale.
(2) Any transfer of the license
from person to person or from
place to place.
(3) Any change in the business
structure or organization of the
licensee including, but not limited
to, changes in the corporate or
association officers, charter, ar-
ticles of incorporation, bylaws or
partnership agreement.
(4) Any change in the legal or
beneficial ownership of corporate
stock which, together with the in-
terest of a spouse, parent,
brother, sister or child, involves
Solo or more of the corporate
stock.
(5) The grant of any power of
-ttorney, voting proxy, pledge or
her assignment of the voting
nghts of corporate stock which
will effect alone or in conjunction
with any other assignment to the
same assignee, his spouse, par-
ent, brother, sister or child, 5% or
more of the voting shares of
stock.
(6) The creation of any new
pecuniary interest in the owner-
ship operation management, or
profits of the licensed business.
(7) The existence of any other
situation whereby individuals
other than those listed in the orig-
inal license application acquire a
role in the management, opera-
tion or profit of the license."
2. By repealing Subdivision 12,
Paragraph (17) and renumbering the
remaining paragraphs of Subdivision
12 accordingly.
Passed by the City Council of the
City of Richfield this 12th day of
April, 1976.
LOREN L. LAW
Mayor
ATTEST:
THOIGIAS J. MORAN
City Clerk
(April 14, 1976)-RN
~ i (~-i
:-1?"~:-u u J - was printed
ill -- `7 ewspaPer, and
~ the columns of said n
n~uccessive weeks:
for
once each week.
~,.~~.1 7 19
yj1 day of-r_r~l
the-~'~.`
and including
on every---~
following is a Printed copy
acknowledged as being
_, 19_~ and that the
is hereby try-wit:
both inclusive, and of said notice,
ynposition and publication
fghijklmnopgrsiuvwxyz ,
r ~-~ r 19
r, J-
~~ ~?- ~iay o
ai ---~~~
~n s~
0'f A
Y'
/VYVW yt
tatds, State or ~.a~..• or any
idler state nr territory
mdnicigal•ordi~ti any time that
"Subd; $' L5 ); esttgation ~s re-
ap additignal.u?o~,a change in the
quired beta ~i~t or control of a
partnershof a ~„enlargement, alt
:~ nr. aatension of the pthe
licensee the amount of
;nvestigatits j~ ~ r ..eych indi-
%~g ~dev_~ ~ es~n 1 or
_x... S -- ~ a~~s pre-
Ir, report [and re-
Uip 'Cp:~'„ .. -the s there-
~liriti,' . ~y recom-
after, 'the t a public
mend a apphca-
bearin~, all then in-
tion.. Th. Ito cause to be
struct ttl EY+e~ official news-
publishetC.3~ s in advance, a
nap ce 0 he hearing to be held by
setting forth the
the city council, when4t_~_
.~-~-~--ntiace
-- - - - -'-tlie Tiearing 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~with-
hold its issuance until the applic-
ant has qualified in a!1 respects
for tJ~e license. if the premises to
be licensed are not complete at
the time that the hearing is con-
ducted the council may grant the
license but shall withhold its is-
suance until the premises have
been completed in accordance
with the representations made by
the applicant. if a IiFense has
been granted but its issuance has
been withheld pending comple-
tion of the premises to be
licensed, and if the licensee does
not proceed with reasonable dis-
patch to ready the premises, the
council may rescind Che 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 rescission."
"Subd. 10 (0). Who, if a corpo-
ration does not have a manager
who is eligible pursuant to the
provisions of this section or
whose corporate stock fs owned
or subject to the beneficial in-
terest of aay person or the spouse
of any person ineligible for licen-
sure under paragraphs (2), (3),
(4), (5), and t6) of this subdivi-
sion."
"Subd. 12(13). Changes in the
corpoate or asspciation officers,
corporate charter, articles of in-
corporation, bylaws or partner-
ship agreement, as the cases may
. be, shall be submitted to the city
clerk (within] not .less than 30
days (after] before such changes
are to be made. In the case of a
corporation, the licensee shall.
notify the city clerk when aper-
son not listed in the original
application acquires an interest
which, together with that of his
spouse, parent, brother, sister or
child, exceeds 5% [and shall give
all information about said person
as is required of a person pur-
suant to the provisions of Sub-
division 4 of this section.? Such
notice shall be given not less than
30 days from the date of the prop-
osed transfer."
"Subd. 13 (1). At the time of fil-
ing anapplication for an 'on-sale'
license, the applicant shall file a
bond with corporate surety with
i the city clerk. Such bond shall be
in the amount of $10,000.00. The
license shall keep such bond or
any submitted bond in the same
amount and with the same terms
in full force and effect throughout
the license peridd."
"Subd. 14 (1). Prior to the is-
suance of an 'on-sale' liquor.
license, the applicant shall file
with the city clerk (a) a public
liability insurance policy provid-
ing coverage of at least $250,000
and $500,000 and (b) a liquor lia-
bility policy covering. liabilities
under the provisions of Minnesota
Statutes, Section 340.96. (Each of
such policies shall] 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."
"Subd. 19. Revocation or Sus-
pension Procedure. The licensee
shall be,[granted a hearing upon
at least ten days notice before re-
vocation or suspension is ordered
by the city council in cases where
mandatory revocation is not pro-
vided by law. Such notice shall
state the nature of the charges a
against the licensee. The notice
may be served upon the li-