1973-14~~~..~-~ rso, i973d1~
;- -
`~ AN ORDINANCE RELATING
TO INTOXICATING AND NON-
INTOXICATING BEVERAGES; -
DEFINING THE TERM "MINOR";
AMENDING CHAPTER XI OF
THE CITY CODE OF ORDINANCES
WHEREAS, an emergency is hereby found to exist necessitating
. this ordinance for the immediate preservation .of the public peace,
health, morals, safety and welfare, and
WHEREAS, such emergency consists of the fact that the
legislature has enacted comprehensive legislation which accords to
people 18 years of age and older the same rights that previously had
been accorded to persons 2l years of age and older; and
WHEREAS, the City of Richfield has on its books a number of
regulations relating to intoxicating liquors and nonintoxicating
beverages which contain references to "minors", to persons under
the age of 21 years, and to persons 21 years of age and older;
confusion exists as to whether the regulations of the city which
apply to persons under the age of 21 will now be applicable only to
persons under the age. of 18; and
WHEREAS, such confusion can be eliminated by making the
' ordinances of the city consistent with the provisions of state law;
and
ti~]HEREAS, proper policing and administration of the laws of the:
city and of the state require that the regulations of the city be
consistent with those of the state; and there is insufficient time
to accomplish such legislative consistency expect through the
enactment of this emergency ordinance as provided in Section 3.06
the City Charter; -
NO.W THEREFORE, the following emergency ordinance is enacted..
CITY OF RICHFIELD DOES ORDAIN:
Chapter XI of-the Richfield. City Code of Ordinances is
amended as follows:
Section 11.Q1, Subdivision 1, is amended to read:
"Subdivision 1. Definitions. The following terms have. the*.
meanings ascribed to them in this section:
(1} "Liquor" means and includes distilled, fermented,- spiritou;r
vinous and malt beverages contained in excess of 3.2 percent of
alcohol by weight,
(?) "Liquor Store P~Sanager" means any person who is designated and
employed by the city to have charge. of the operation of the mun~.cipal
. liquor stores.
{3} "Sale", "sell" ar~d "sold" mear_ and ~_nclude all, barters and all
meaxis of furnis'.;ing liquor in violation or evasion of this section.
(4) "Minor" means any person under the age of 18 years."
'1
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Section 11.01, Subdivision 4, is amended to read:
"Subd. 4. Regulations Governing Operations. The following
are general operational regulations:
(1) The municipal liquor stores shall be in the immediate charge oz
a liquor store manager, who shall serve under the supervision and
direction of the city manager. All policies relating to the operation.
of such liquor stores shall be determined by the council.,;`
(2) The liquor store manager shall be assisted by_ such other employees
as the council may authorize, provided, however,' /no person under 21
years of age/ no minor may be authorized to be an employee. All
employees, includ nz g the liquor store manager, hold their. positions
at the pleasure of the council.
(3) The liquor store manager shall have full charge of the liquor
store and shall have authority to purchase supplies as are necessary.
(4) The liquor stores shall be open for business only during the days
and hours-and to the extent that the sale of liquor is authorized
by law.
(5) No business other than the sale of liquor shall be carried on
by the liquor store manager and employees while they are so employed.
(6) No liquor shall be sold on credit, but checks may be accepted in
payment, in the discretion of the liquor store manager for the purchase
price.
(7) The liquor stores shall be kept in a clean and sanitary condition.
(8) No liquor shall be sold for consumption on liquor store premises.
~(9) No liquor shall be sold to /any person under 21 years of age/
a r~,inor nor to any person who in the opinion of the .seller, is intoxicates:'
lti) No person shall be permitted to habitually loiter about either
liquor store.
(11) Liquor shall not be sold nor possession thereof delivered by
~.iquor store employees or any agents thereof, except on the liquor
store premises."
Section 11.02, Subdivision 1, is amended to read:
('
"11.02. SALE AND DISPEidSATION OF NON-INTOXICATING MALT LIQUORS..
Subdivision 1. Definitions. The following terms have the meaning
ascribed to them in this section:
(1) "Bona fide club" means any organization for the promotion of
sports, intellectual improvement or social or business purposes,
where the serving of beer is incidental to, and not the major purpose
of the club, and such club maintains a place for serving food for its
membership. Such club must have been an established, incorporated
club authorized to do business in the State of Minnesota for at
least one year-prior to the granting of a license under this section.
(2) "Non-Intoxicating Malt Liquor" means any. malt beverage with an
alcoholic content of more than one-half of one percent by volume and
not more than 3.2 percent by weight.
• (3) "Minor" means any person under /21/ 18 years of age.
{4} "Off-sale" means the sale of beer^in the original container or
package at retail stores for consumption off or a~~?ay from the premises
where sold.
(5) "On-sale" means the sale of beer for consumption on the premises
only.
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(6) "Sale", '°sell" and "sold" mean and include all transactions
~ in which non-intoxicating malt liquor is transferred from one
person to another, and all means of furnishing non-intoxicating
malt liquor in violation or evasion of this section, with or without
consideration."
Section 11.02, Subdivision 8, is amended to read:
"Subd. 8. General Conditions Governing Issuance; All
Licenses.
(1) Any person under the age of l~ shall not be permitted to
enter or remain on the licensed premises, unless accompanied by his
parent or guardian.
(2) Non-intoxicating malt liquor shall not be sold to or served to
any minor, nor shall any minor be permitted to consume beer on the
licensed premises.
(3) Non-intoxicating malt liquor shall not be sold by any licensee
between 1:00 a.m. and 8:00 a.m. on any weekday, other than Sunday,
nor between 1:00 a.m. and 12:00 noon on Sundays.
(4) Non-intoxicating malt liquor shall not be sold between 1_:00 a.m.
and 8:00 p.m. on the day of any statewide election_
(5) Every place where non-intoxicating malt liquor is kept or sold
shall be closed to the public between 1:15 a.m. and 5:00 a.m. unless
the licensee operates a cafe or restaurant which serves food all. night,
at least six nights per week. This provision shall not apply to
establishments where food along is served. If both food and non-
intoxicating beverages are served at an establishment, a separate
and distinct room shall be maintained for the sale of food, and if
no non-intoxicating beverage. is sold therein, such room may be kept
open for the sale of food at all hours, provided the balance of the
establishment is entirely closed at such times..
{6} A bona fide club may sell non-intoxicating malt liquor only
to its own members.
(7) No licensee shall sell or serve non-intoxicating malt liquor
to any person who is, or appears to be, intoxicated. No such intoxicated
- person shall be allowed to remain on the licensed premises,
(8) No licensee shall permit any mixing or spiking of non-intoxicating
malt liquor or any other beverage, on the premises-unless licensed
to do so under Section 11.03 of this chapter.
{9) Na licensee shall permit the consumption of liquor on the licensed
premises unless having a license issued under Section 11.03 or 11.06
of this chapter.
(10) Any license shall be for the location specified thereon only,
and shall not be transferred to~a different location without the
approval of the council.
(11) The license shall at all times be posted in a conspicuous place
on the licensed premises.
(12) Any establisltiment licensed under this section shall be open to
inspection by the police or health department at all times.
(i3) No /person under 21 years of age/ minor shall be employed in
any rooms constituting the place in which non-intoxicating malt
liquor is sold at retail 'on-sale', except that (person under ?1
:~ years of age/ minor may be employed to perform tFie duties of a b~_is
boy or dishwashing services in restaurants in which non-intoxicating
malt liquor is sold at retail 'on-sale'.
3 m
(l4) No /person under 21 years of age/ minor shall offer for sale,
sell, or in any way assist in the sale of non-intoxicating malt
1 7.iquor at retail 'off-sale'; said prohibition shall not extend to
activities merely incidental to the sale of non-intoxicating
liquors such as stocking beer on shelves or carrying beer from the
store at the customers request."
Section 11.03, Subdivision 12, is amended to read:
'~Subd. 12. Persons- Ineligible for License. No license shall
be granted to or held by any person:
(1) /tinder 21 years of age./ Who is a minor.
(2) Who is not of good moral character and repute.
(3) Who, if an individual, is an alien.
(4) Who is or 'has been convicted 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 regarding the manufacture,
sale, distribution or possession for sale or distribution of
intoxicating liquor or whose liquor license has been r~voked for any
willful violation of any law or ordinance.
(5) Who is a manufacturer or wholesaler of intoxicating liquor.
(6) Who is directly or indirectly interested in any other establish-
ment in the city to which a license of the same class has been issued
under this section.
(7} Whow if a corporation, does not have a manager who is eligible
pursuant to the provisions of this section.
(~} Who is the-spouse of a person ineligible for a license under
( paragraphs 4, 5 or 6 of this section or 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.
(9) A license may not be granted or renewed if, in the case of an
individual, the licensee has not been a resident of the city for at
Least one year at the time; if, in the case of a partnership, the
managing partner has not-been a resident of the city for at least
one year at the time; or in the case of a corporation, if the manager
has not been a resident of the city for,at least one year at -the time.'
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Section 11.0~~, Subdivision `I~~., is amended to read
"Subd.'-r4-. Conditions Governing Issuance. The following
_ conditions govern issuance of_a license pursuant to this section:
{1) Every license shall be granted s~zbj_ect 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 "set-up" license shall sell intoxicating liquor "off-sale"
or "on--sale" .
(5} No license shall be effective beyond the. building space sho~m
in the license application for such license.
_,~_
(5) No /person under 21 years of age/ minor shall be employed in
a room where "set-up" sales are made and no such person shall be
t allowed to be or remain in such room unless accompanied by his parent
or guardian except that ~ersons under 21 years of age/ minors may be
employed to perform the duties of a bus boy or dishwashing services
in restaurants in which set-ups are sold.
(7) No licensee or any of his employees shall keep, possess., or
operate or permit the keeping, possession or operation of any slot
machine, dice, ar 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.
(8) No licensee or any of his employees sha1.1 knowlingly 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.
(9) 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 premises
of the licensee during business hours without a warrant.
(10) No licensee shall sell, offer for sale, or keep for sale,
intoxicating liquors.
(Il) Where set-ups a-re served, the licensee must have a bartender
on duty to mix drinks from any patron's bottle of intoxicating liquor.
The patron must deliver such liquor to the bartender on entering the
restaurant and take such bottle with him when he leaves. Such bottle
shall be identified by owner's name plainly written on the bottle.
No set-up shall be carried from the-room where it is served.
~" (12) No licensee shall apply for or possess a federal wholesale or
retail liquor dealer's special tax stamp or a federal gambling stamp.
{13) Tao licensee shall keep ethyl alcohol or neutral spirits on
any licensed premises or permit their use on the premises as a beverage
or mixed with a beverage.
(14) Changes in the corporate or association officers, corporate
charter, articles of incorporation, bylaws or partnership agreement,
as the case may be, shall be submitted to the city Clerk within
30 days after such changes are made. In the case-of a corporation,. r
the licensee shall notify the City clerk when a person not listed
in the application acquires an interest which, together with that of his
.spouse, parent, brother, sister or child, exceeds.5o, and shall give
a.11 information about said person as is required of a person pursuant
to the provisions of Subdvision S of this section.
(15) At the time a licensee submits his application-:for renewal of
a license, he shall state the nature or amount of anti 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.
{1&) 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. -
(l7) A restaurant shall display a sign calling attention -to the
oper_ bottle law, "
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l Section 11.03, Subdivision l~, is amended to read:
1
"Subd. 16. Restrictions Involving Sale to Manors.
(1) No licensee, his agent or employee shall serve or dispense
upon the licensed premises any intoxicating liquor or non-
- intoxicating malt liquors to /any person under the age of 21 years/
a minor; nor shall such licensee, or his agent or employee, permit
any person under the age of 21 years/ a minor to be furnished or
consume any such liquors on the licensed premises.
(2) Any person who may appear to the licensee, his employees or
agents to be /under the age of 21 years] a minor shall, upon demand
of the licensee, his employee or agent, produce and permit to be
examined /an identification certificate issued by any clerk of the
district court~in the State of Minnesota pursuant to Minnesota
Statutes, Sections 626.311 through 626.391./ a valid driver's
license or non-qualification certificate issued by the State Department
of Public Safety.
(3} In every prosecution for a violation of the provisions of this
section relating to the sale or furnishing of intoxicating liquor or
non-intoxicating. malt beverages /to persons under the age of 21 years/
to minors, and in every proceeding before the city council with
respect thereto, the fact that the minor involved has obtained
and presented to the licensee, his employee or agent a /verified
identification card issued by the clerk of any district court in
the State of Minnesota/ a valid driver's license or non-qualification
certificate, from ~,ahich it appears that said person was /21/ 18-
( years of age and was regularly issued (such identification card/
licence or non-qualification certificate, shall be prima facie evidence
that the licensee, his agent or employee is not guilty. of such a
provision and sha~.I be conclusive evidence that a violation, if one
has occurred, was not willful or intentional."
Section 11.04, is amended to read:
~~I1.04. REGULATION OF THE POSSESSION OR CONSUMPTION OF LIQUOR OR
NON-INTOXICATING-MALT LIQUOR BY MINORS.
~?~bdivision 1. Adoption of Certa~.n Provisions of Minnesota Statutes,
C~~apter 340 by Reference. The following provisions and sections of
1~~~~nesata Statutes, Chapter 340 are hereby adopted by reference and
ma~?e a part of this chapter as if fully set. forth herein:
(]:.) Minnesota Statutes 340.0.35, "Minors; Purchase, Consumption,
Possession".
(?) Minnesota Statutes .340.731, "Minors, Forbidden Acts or Statements"
(3) Minnesota Statutes 340.79, "Giving To or Procuring for Minors".
(4) Minnesota Statutes 340.80, "Inducing I~linor to Enter Saloon"."
Section 11.06, Subdivision 1, is amended to read:
"Subdi°aision 1. Definitions. The following terms have the
meanings ascribed to them in this section:
(I.) The term "intoxicating liquor" means and includes ethyl
alco's1cJ_ and includes distilled, fermented, spiritous, vinous end zt~alt
bet-gages containing in excess of 3.2 percent of alcohol by wei.~ht.
(;.}} °'v~le and "sell: and "sold" means all barters and all manners
a:L fiirni. ~•hing intoxicating liquor including such furnishing in
vi.o vatiori or evasion of law.
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{3) The term "restaurant" means any establishment, under the control
of a single properietor or manager, 'having appropriate facilities to
serve meals in one or more dining rooms having a total area of at
least 10,000 square feet, and where in consideration of payment therefor,
meals are regularly served at tables to the general public, and Gvhich
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 square foot
minimum shall be the gross -floor area of the restaurant including
areas for the preparation and serving of food and liquor. Basement
areas, however, shall. not be~counted for the purposes of meeting
such 1.0,000 square foot minimum requirement.
(4) The term "hotel" means and includes any establishment having a
resident proprietor or manager, where, in consideration of payment
therefore, food and lodging are regularly furnished to transients,
which maintains for the use of its guests not less than 100 guest
rooms with bedding and other usual, suitable and necessary furnishings
in each room, which is provided at the main entrance with a suitable
lobby, desk and office for the registration of its guests on the ground
floor, which employs an adequate staff to provide suitable and usual
service, and which maintains, under the same management ar_d control
as the rest of the establishment, a restaurant as an integral part
thereof.
(5) The term "on-sale" means the sale of intoxicating liquor by
the glass, or by the drink for consumption on the premises only.
(~) The term "off-sale" means the sale of intoxicating 1_iquor in the
original package in retail stores for consumption off or away from
(, the premises where sold..
{7) "NIinor" means any person under the age of l8 years."
Section 11.06, Subdivision 10, is amended to read:
"Subd. 10. 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) /under 21 years of age./ Who is a minor.
{3) Who is not of good moral character and repute.
(4) Who, if an individual, is an. alien.
(5) Who, within five years prior to the application for such license,.
has been convicted 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, distribu-
tion, or possession for sale or distribution of .intoxicating liquor,.
or whose 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 interest in any other establisi~ment
in the city to which a license of the same class has be;~n issued under
this section. 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.
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(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 o~,mer
of the business operated, or to be operated,-under the license.
(10} A license may not be granted or renewed, if, in the case of an
individual, the licensee is not a resident of the city at the time-
of issuance; if, in the case of a partnership, the managing partner
is not a resident of the city at the time of issuance; or, in the
case of a corporation, if the manager is not a resident o~ the city
at the time of issuance. Any "on-sale" license, once issued, shall
be effective or?1y as long as the licensee, the managing partner, or
the manager, as the case may be, remains a resident of the city:'
Section 11.06, Subdivision 12, is amended to read:
'~ubd. 12. 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" licensee shall sell intoxicating liquor "off-sale".
(5) No license shall be effective beyond the ccmpact and contiguous
space shown in the license application for such license_
j, (6) No /person under 21 years of age/ minor shall be employed in
\ any rooms constituting the place in which intoxicating liquors are
sold at retail "on-sale", except that /persons under 21 years of
a~~n/ minors may be employed to perform the duties of a bus boy or
dishwashing services in hotels or restaurants licensed under the provi-
lions of this section.
(7) No intoxicating liquor shall be sold or furnished or delivered to
any intoxicated person, to any habitual drunkard, to /any person
under 21 years of age/ a minor or to any person to whom sale is prohib-
iced by state law.
(8) No licensee or any of his employees 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, 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
banding directly or indirectly under his control to be used as a
resor'~ for prostitutes.
(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 premises of
the licensee during business hours without a warrant.
(11} No "on-sale". liquor establishment shall display liquor to the
public during hours when the sale of liquor is prohibited by this ordi-
( Hance.
(12) No licensee shall apply for or' pdssess 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 incorporation, bylaws or partnership agreement,
as the cases may be, shall be submitted to the city clerk within
30 days after such changes are made. In the case of a corporation,
the licensee shall notify the city clerk when a person not listed
in the application acquires an interest which, together with that of
.his spouse, parent, brother, sister or child, exceed 50, and shall
give all information about said person as i.s required of a person
pursuant to the provisions of Subdivision 4 of this section.
(14) At the time a licensee submits his application for renet~ral of
a license, he shall state the nature or 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. A
hotel shall be conducted in such a manner that, of that part of the
total business attributable to or derived from the serving of foods
and intoxicating liquors, the principal part of the business for a
.license year is the serving of food.
(16) 'Restaurants and hotels shall display a sign calling attention
to the open bottle law.
{17) No transfer of a license shall be permitted from place to place
or person to person without complying with all of the requirements
of an original application, including the payment of all fees and
;' ~ including the approval of the city council and the liquor control
commissioner.
(18) No licensee shall sell, offer for sale, or keep for sale,
intoxicating liquors 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 intoxicating liquor in the original package differing
in the composition or alcoholic content in 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 has
been diluted, changed or tampered with.
(19) she 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 all reasonable times.
(20) No sale of intoxicating liquor shall be made to ar in guest
rac~ms of hotels, unless the rules of such hotels provide for the
service of food in guest rooms; nor unless the sale of such intoxicating
- l~.quor is made in the manner "on-sale" are required to be made; r_or
unless such sale accompanies and is incident to the regular service
of meals to c;uests therein; nor ur_less the rules of such hotel and
the description, location and number of such guests rooms are fully
set out in the application for a license."
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'1
II
1
Section 11.Ob, Subdivision 16, is amended to read:
"Subd, 16. Restrictions Involving Sale to Minors.
{1) No licensee, his agent or employee shall serve or dispense
upon the licensed premises any intoxicating liquor to /any person
under the age of 21 years/ a minor; nor shall such licensee, or his
agent or employee, permit /any person under the age~of 21 years/a
minor to be furnished or consume any such liquors on the licensed
premises.
{2) Any person who may appear to the licensee, his employees or
agents to be /under the age of 21 years/ a minor shall, upon demand
of the licensee, his employee or agent, produce and permit to be
examined an identification card, including a driveris license, or
non-qualification certificate issued by the State Department of
Public Safety.
This;i~--an emergency ordinance and is effective on its
~:
passage.... June ^5, 1973
_.,
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Iay
Attest:
f ~ ~~~
Clem
-~_0-
w` SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD SUN
6601 W. 78th St.
State of Minnesota 1
County of Hennepin j
SS.
Bloomington, Minnesota
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated
has been the vice 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 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 Es not made up entirely of patents, plate matter and
advertisements. (4) Sai(1 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
sue in the Cityr of Bloomington in said county, established and open during its regular business
urs for the gathering of news, sale of advertisements and sale of subscriptions and main-
ined by the managing officer or persons in its employ and subject to his direction and com
"ol during all such regular business hours and devoted exclusively during such regular
iness hours to the business of the newspaper and business related thereto. (8) Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said news-
paper has complied with all the foregoing conditions for at least two years preceding the day
or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of
State of Minnesota prior to January 1, 196ti and each January 1 thereafter an affidavit in the
form prescribed by the Secretary of State and signed by the publisher of said newspaper and
sworn to before a notary public stating that the newspaper is a leftal newspaper.
He further states on oath that the printed X,egal Notice 8.11. I1T0. 19~~^•~l
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 ®n6 successive weeks;
Thum 28 June
that it was first so published on the day of 19 73
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:
abcdefghij klmnopgrstuvwxyz
abcdefghi j k I mnopq rstu vwxyz
Subscribed and sworn to before me this 2U day of June 19?~
(Nota~ial Seal) /r
r~, rg6 ,if ,o~.a
~/ f ~~(
\G. M. Vest, Notary Public, Hennepin County, Minn.
Commission Expires April 18th, 1979.
lOtfic4al Pubh-cation)
Bill No. 1973-
. LEGAL NOTICE
AN ORDINANCE RELATING TO I
TOXICATlNG AND NON-INTOXICA
ING BEVERAGES; DEFINING TN
TERM "MINOR' ;'AMENDING CH
TER XtOF THE CITY CODE OF ORD
NANCES
WHEREAS, an emergency is hereb
found to exist necessifating this ordinan
for the immediate preservation of th
pubtirpeace, health, morals, safety an
welfare, aml
WHEREAS, such emergency consis
of the tact that the leseslature has enact
ed comprehensive legislation which a
cords to people 18 years of age and olde
the same rights that previolrsly had bee
acrnrded to persons 21 years of age an
older; anti
WHEREAS, the City of Richfield ha
on its books a number of regulations r
toting to intoaicating liquors and nonin
toxicating beverages which contain refer-
ences to "minors," to persons under the
age of~21 years, and to persons 21 years of
age and older; rnnfusion exists as to
whether the regulations of the cit}~ which
apply to persons under the age of 21 will
now be applicable only to persons under
the age of 18; and
WHEREAS, such confusion can be
eliminated by making the ordinances o[
the city rnnsistent with the provisions of
state law; and
WHEREAS, proper policing and ad-
ministration of the laws of the city and of
the state require that the regulations of
the city be consistent with those of the
state; and there is insufficient dme to
accomplish such legislative consistency
except through the enactment of this
emergency ordinance as provided in Ser
don 3.08 the City Charter;
NOW THEREFORE, the following
emergency ordinance is enacted.
CITY OF RICHFIELD. DOES
ORDAIN:
Chapter XI of the Richfield City Cade
of Ordinances is amended as follows:
Section 11.01, Subdivision 1, is amended
to read:
"Subdivision 1. Defioedons. The follow-
ing terms have the meanings ascribed to
them in this section:
(I) "Liquor" means and includes ~~s~
filled, .fermented, spiritous, vinous and
malt beverages rnnfained in excess of 3.2
percent of alcohol by weight.
(2) "Liquor Store Manager" means
any person who is designated and em-
ployed by the city to have charge of the
operation o[ the municipal liquor stores.
(3) "Sale," "sell" and 'sold" mean
and include all barters and all means of
furnishing liquor in violation or evasion of
this section.
l4) "Minor" means asy person under
the age of 18 years."
Section 11.01, Subdivision 4, is
amended to read:
"Subd. 4. Regulations Governing
Operations. The fo[Iowing are general
operational regulations:
(1) The municipal liquor stores shall be
inthe immediate charge of a liquor store
manager, who shall serve under the su-
pervision and direction of the city manag-
er. All policies relating to the operation of
such liquor stores shall be determined by
the coundl.
l2) The liquor store manager shall be
assisted by such other employees as the
council may authorize, provided, however
(no person under 21 years of age) ao mi-
nor may he authorized to bean employee.
All employees, including the liquor store
manager, hold their positions at the plea-
sure of the coundl.
(3) The~liquor store manager shall have
full diarge o[ the liquor store and shall
have authority to purchase supplies as are
n (4~ The liquor stores shall be open for
business Daly during the days and hours
and to the extent that the sale of liquor is
antharezed by law:
(51 No business other than the sale of
liquor shall be carried on by the liquor
store manager and employees while they
are so employed.
(6) No liquor shall be sold on credit, but
checks may be accepted in payment, en
the discretion of the liquor store manager
for the purchase price.
(7) The liquor stores shall be kept in a
clean and sanitary condition.
(8) No liquorshall be sold for consump-
tion onliquor store premises.
(9) No liquor shall be sold to (any per-
son under 21 years of age) a minor nor to
any person who in the opinion of the sell-
er,isintoaicated.
(10) No person shall be permitted to
habitually hater about either liquor stare.
7111 Liquor shall not be sold nor posses-
sion thereof delivered by liquor store
miployee-s or any agents thereof, except
on the liquor store premises.,,
- Seetion I1.eZ,~ Subdivision 1, is
amended fo read:
11.02. SALE AN1-DiSPENSATION OF
NON-INTOXICATING MALT LIQUORS.
Satidivisioh 1. Detidtloas, The following
termshave the meaning ascribed to them
mthissection:
(L1_. ' :Bw fide club" means any orga-
131 Non -intoxicating malt liqu
14 shall not be sold by any licensee betty
1:00 a. m. and 8:00 a.m. on any weekd
N- other than Sunday, nor between 1:00 a.
T- and 12:00 noon on Sundays.
E (4) Non -intoxicating malt liq
pp_ shall not be sold between 1:00 a.m:
I- 8:00 p.m. on the day of any statew
election.
y IS) Every place where non-intoxic
ce ing malt liquor is kept or sold shall
e closed to the public between 1:15 a.m, a
d 5:00 a.m. unless the licensee operate
cafe or restaurant which serves food
~ night, at least six nights per week. T
_ provision shall not apply to establi
a ments where food alone is served. H b
r tool and non-intoaicating beverages a
n served at an establishment, a separ
d and distinct room shall be maintained f
the sale of food, and if no non-intoxicate
s beverage is sold therein, such room m
~ be kept open for the sale of food at
_ hours, provided the balance of the esta
lishment is entirely closed at such time
(6) A bona tide club may sell non-int
icating malt liquor only to its own me
hers.
(7) No licensee shall sell or serve no
intoaicating malt liquor to any per
who is, or appears to be, intoxicated.
such intoxicated person shall be allow
to remain on the licensed premises.
(8) No licensee shall permit any m'
ing or spiking of non-intoaicating ma
liquor or any other beverage, on t
premises unless licensed to do so anti
Section 11.03 of this chapter.
(9) No licensee shall permit the co
sumption of liquor on the licensed premi
es unless having a license issued anti
Section 11.03 or 11.06 of this chapter.
(10) Any license shall be for the loc
lion specified thereon only, and shall n
be transferred to a different )neaten
without the approval of the council.
(11) The license shall at all times
posted in a conspicuous place on the 1
censed premises.
(12) Any establishment licensed untie
this section shall be open to inspection b
the police or health department at a
times.
(13) No (person under 21 years of age
minor shall be employed in any room
rnnstiluting the place in which non-intox
icating malt liquor is sold at retail `on
sale,' except that (person under 21 year
o[ age) minor may be employed to per
form the duties of a bus boy or deshwash
ing services in restaurants in which non
intoxicating malt liquor is sold at retai
'on-sale.'
(14) No (person under 21 years of age)
minor shall offer for sale, sell, or in an
way assist in the sale of non-intoaicating
malt liquor at retail `off-sale'; said prohi-
bition shall not extend to activities mere-
ly incidental to the sale of non-intoaicat-
ing liquors such as stocking beer on
shelves or carrying beer from the store at
the customers request."
Section 11.03, Subdivesion 12, is
amended to read:
"Su.rd. 12. Persons Ineligible for Li-
cense. No license shall be granted to or
held by anyperson:
(1) (Under 21 years of age.) Who is a
m1aM.
(2)~ Who is not of good moral charac-
terand repute.
(3) Who, if an individual, is an alien.
(4) Who is or has been rnnvicted of
any willful violation of any law of the
• United States, the State of Minnesota, or
any other state or territory, or of any to
cal ordinance regarding the manufacture,
sale, distribution or possession for sale or
distribution of intoaicating liquor or
whose liquor license has been revoked for
any willful violation of any law or ordi-
nance.
(51 Who is a manufacturer or whole-
saler o[intoaicating liquor.
(8) Who is directly or indirectly inter-
ested in any other establishment in the
city W which a license o[ the same class
has been issued under this section.
(7) Who, if a corporation, does not.
have a manager who is eligible pursuant
to the provisions of this section.
(B) Who is the spouse of a person ineli-
gible for a license under paragraphs 9, 5
or 8 of this section or who, in the judg-
ment 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.
(9) A license may not be granted or
renewed i[, in the case of an individual,
the licensee has not been a resident of the
city for at least one year at the time; if, in
the case of a parNership, the managing
partner has not been a resident of the city
for at least one year at the Gme; or in the
pse of a corporation, of the manager has
not been a resident of the city for at least
one year at the time."
Section 11.08, Subdivision 16, is
amended to read:
'sobd. 19. Conditions Governing lasu-
ance. The following conditions govern
issuance 'o[ a license pursuant l this
section:
(I) Every license shall be granted sub-
ject )the provisions ~ this section and of
any other applicable ordinance or law,
(2) The license shall be posted in a
consi~iauous place in the licensed premix-
°C 1101 No licensee shall sell, offer for
eeo sale, or keep for sale, intoxicating li•
aS quors.
m. 1111 Where set-ups are served, the li-
censee must have a bartender on duty to
and mix drinks from any patron's bottle of
intoxicating liquor. The patron must de-
ide liver such liquor to the bartender on en-
tering the restaurant and fake such bottle
at- with him when he leaves. Such bottle
~ shall be identified by owner's name plain-
nd ly written on the bottle. No set-up shall be
all carried from the room where it is served.
his 1121 No licensee shall apply for or pos-
sess afederal wholesale or retail liquor
u~ dealer's special tax stamp or a federal
gambling stamp.
re (13) No licensee shall keep ethyl alco-
ada hol or neuUal spirits on any licensed
or, premises or permit their use on the prem-
ng ises as a beverage or mixed with a bever-
aY age.
alb) (14) Changes in the corporate or asso-
ciation officers, corporate charter, arti-
s. des of infxtrporation, bylaws or partner-
°a- ship agreement, as the case may be, shall
m- be submitted to the city clerk within 30
n days after such changes are made. In the
case of a corporation, the licensee shall
SO° notify the city clerk when a person not
No listed in the application acquires an inter-
~ est which, together with that of his
~ spouse, parent, brother, sister or child,
It exceeds 5%, and shall give all informa-
he don about said person as is required of a
person pursuant to the provisions of S~b-
er division 5 of this section. _
n_ (15) At the time a licensee submits his
~ application for renewal of a license, he
er shall state the nature or amount of any
contribution he has made for campaign or
political purposes, the person to whom
a- the contribution was made and the person
of or organization for whom intended.
n ,. (16) A restaurant shall be conducted in
~ such a manner that the principal part of
the business for a license year is the sere-
r- ing of foods.
r (17) A restaurant shall display a sign
Y calling attention to the open bottle law."
11 Section 11.03, Subdivision I5, is
amended to read: '
"Subd. I6. Restrictions Involving
s Sale to Minors.
- (1) No licensee, his agent or employee
- shall serve or dispense upon the licensed
s premises any intoxicating liquor or non- ~
- intoxicating malt liquors to (any person ~
- under the age of 21 years) a minor; nor 1
shall such licensee, or his agent or em-
1 ployee, permit (any person under the age I
of 21 years) a minor to be furnished or ;
consume any such liquors on the licensed ~
Y premises. ,
(2) Any person who may appear to the ~
licensee, his employees or agents to be t
(under the age of 21 years) a minor shall, I
upon demand of the licensee, his employ- t
ee or .agent, produce and permit to be
examined (art identification certificate y
issued by any clerk of the district court in
thr State of Minnesota pursuant to Minne-
sota Statutes, Sections 828.311 through is
628.391.) a valid driver's license or non- ~
qualification certificate issued by the
State Department of Public Safety.
(3) In every prosecution for a violation ai
of the provisions of this section relating to
the sale or famishing of intoxicating li- n
quor or non-intoxicating malt beverages es
(to persons under the age of 21 years) to
minors, and in every proceeding before fo
the city council with respect thereto, the
fact that the minor involved has obtained an
and presented to the licensee, his employ- do
ee or agent a (verified identification card P
issued by the clerk of any district court in
the State of Minnesota) a valid driver's 1°~
lireuse or non-qualificatioe certificate,
from which it appears that said person
was (21) 18 years of age and was regular- lie
ly issued (such identification card) li-
ceaseornon-gnalificatioacertificate, mi
shall be prima facie evidence that the li-
censee, his agent or employee is not CO1
guilty of such a provision and shall be rnt
conclusive evidence that a violation, if ex.
one has occurred, was not willful or inten- age
tional.'+ thf
Section 11.04, is amended to read: see
"11.04. REGULATION OF THE POS- um
SESSION OR CONSUMPTION OF LI- I
QUOR OR NON-INTOXICATING MALT or
LIQUOR BY MINORS. ~
Subdivision 1. Adoption of Certain Prove- (ar
siom of Mimeaota Statutes, Chapter 340 sot
by Reference. The followin hib
g provisions (
and sections of Minnesota Statutes, Chap- sha
ter 340 are hereby adopted by reference the
and made a part of this chapter as if fully any
set forth herein: dev
(1) Minnesota Statutes 340.035, "Mi- eyes
nora; Purchase, Consumption, Posses-
sion." Prei
(2) Minnesota Statutes 340.731, "Mi- met
nors,ForbiddenACtsorStatements." (I
(3) Minnesota Statutes 340.79, "Giving ees
To orProcuringforMinors." prey
(4) Minnesota Statutes 340.80, "Induc_ or a'.
ing Minor to Enter Salon. ^ reel
Section 11.06, Subdivision 1, is reso
amended to read: (b
"Subdivisihn I. Definitions. The fol- sane
lowing terms have the meanings ascribed ~~
to them in this section: to m
(1) The term "intoxicating liquor" of t1
.means and includes ethyl alcohol and in- witA
eludes diati/led, fermented, spiritous, (I
i us acid malt beverages containing in
meal
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IOfficfal PabBcationl
Bill No, 1973-14
LEGAL NOTICE
AN ORDWANCE RELATING TO IN-
TOXICATING AND NON-tNTOXICAT-
ING BEVERAGES; DEFINING THE
TERM "MINOR";'AMENDING CHAP-
TER XtOF THE CITY CODE OF ORDI-
NANCES
' WHEREAS, an emergency is hereby
found to exist necessitating this ordinance
for the immediate preservation of the
public peace, health, morals, safety and
welfare, and
WHEREAS, such emergency censists
of the fact that the le¢islature has enact-
ed. comprehensive legislation which so-
cords to people 18 years of age and older
the samerights that previoltsly had been
acrnrded to persons 21 years of age and
older; and
WHEREAS, tbe City of Richfield has
on ifs books a number of regulations re-
lating to intoxicating liquors and nonin-
toxicating beverages which contain refer-
ences to "minors," to persons under the
aged 21 years, and to persons 21 years d
age and older; cenfusion exists as to
whether the regulations d the tity which
apply to persons under the age of 21 will
now be applicable only to persons under
the aged 18; and
WHEREAS, such confusion can be
eliminated by making the ordinances of
the city consistent with the provisions of
state law; and
WHEREAS, proper policing and ad-
ministration of the laws of the city and of
the state require that the regulations o[
the city be consistent with those of the
state; and there is insufficient time to
accomplish such legislative consistency
except through the enactment of this
emergency ordiwnce as provided in Sec
lion 3.08 the City Charter;
NOW THEREFORE, the following
emergency ordiwnce is enacted.
CITY OF RICHFIELD. DOES
ORDAIN:
Chapter XI of the Richfield City Code
of Ordinances is amended as follows:
Section 11.01, Subdivision 1, is amended
to read:
"Subdivision 1. Defiaftions. The follow-
ing terms have the meanings ascribed to
them in this section:
(1) "Liquor" means and includes dis-
tilled, fermented, spiritous, vinous and
malt beverages cenfained in excess of 3.2
percent of alcehol by weight.
(2) "Liquor Store Manager" means
any person who is designated and em-
ployed by the city to have charge of the
operation of the municipal liquor stores.
(3) "Sale," "sell" and "sold" mean
and include all barters and all means of
furnishing liquor in violation or evasion of
flit s section.
141 "Minor" mesas any person under
the aged 18 years."
Section 11.01, Subdivision 4, is
amended to read:
"Subd. 9. Regulations Governing
Operations. The following are general
operatiowl regulations:
(1) The municipal liquor stores shall be
in the immediate charge of a liquor stare
manager, who shall serve under the su-
pervision and direction o[ the city manag-
er. All policies relating to the operation of
etch liquor stores shall be determined by
the council.
12) The liquor store manager shall be
assisted by such other employees as the
council may authorize, provided, however
(no person under 21 years of age) no mi-
nor may be auttiorized to bean employee.
All employees, including the liquor store
mawger, hold their positions at the plea-
sure dthecouncil.
(3) The liquor store manager shall have
full charge d the liquor store and shall
have authority to purchase supplies as are
necessary.
14) The liquor stores shall be n for
business Duly during the days at~d hours
sad to the extent that the sale d liquor is
antbafzed by law.
(5) No business other than the sale d
liquor shall be carried on by the liquor
store manager and employees while they
are so employed.
(6) No liquor shall be sold on credit, but
chedts may be accepted in payment, in
the discretion d the liquor store mawger
fa the purchase price.
(7) The-liquor stores shall be kept in a
clean std sanitary condition.
18) No liquorshall be sold for consump-
tion onliquor store premises.
(9) No liquor shall be sold to luny per-
son under 21 years d age) a minor nor to
any person who in the opinion of the sell-
er,isintoaicated.
(10) No person shall be permitted to
habitually loiter about either liquor store.
'(11) Liquor shall not be sold nor posses-
sion thereof delivered by liquor store
employees or any agents thereof, except
on the liquor store premises."
Section 11.OZ," Subdivision 1, is
aznended to read:
"11.02. SALE AN~DISPENSATION OF
NON-INTOXICATING MALT LIQUORS.
Satidivision 1. Delinidws. The following
tams have the meaning ascribed to them
in this section:
131 Non -intoxicating malt liquor
shallnot be sold by any licensee between
1:00 a.m. and 8:00 a.m. on any weekday,
other than Sunday, nor between 1:00 a.m.
and 12:00 noon on Sundays.
14) Non -intoxicating malt liquor
shall not be sold between 1:00 a.m: and
8:00 p.m. on the day of any statewide
election.
(5) Every place where non-intoxicat-
ing malt liquor is kept or sold shall be
closed to the public between 1:15 a.m. and
5:00 a.m. unless the licensee operates a
cafe or restaurant which serves food all
night, at least six nights per week. This
provision shall not apply to establish-
ments wbere food alone is served. H both
food and non-intoxicating beverages are
served at an establishment, a separate
and distinct room shall be maintained for
the sale of food, and if no non-intoxicating
beverage is sold therein, such room may
be kept open for the sale d tool at all
hours, provided the balance of the estab-
lishment isentirely closed at such times.
(6) A bona fide club may sell non-intox-
icating malt liquor only to its own mem-
bers.
(7) No licensee shall sell or serve non-
intoaicating malt liquor to any person
who is, or appears to be, intoxicated. No
such intoxicated person shall be allowed
to remain on the licensed premises.
(B) No licensee shall permit any mix-
ing or spiking d non-intoxicating malt
liquor or any other beverage, on the
premises unless licensed to do so under
Section 11.03 d this chapter.
(9) No licensee shall permit the con-
sumption of liquor on the licensed premis-
es unless having a license issued under
Section 11.03 or 11.060[ this chapter.
(10) Any license shall be for the loca-
tion specified thereon only, and shall not
be transferred to a different location
wiNout the approval d the council.
(11) The license shall at all times be
posted in a conspicuous place on the li-
censedpremises.
(12) Any establishment licensed under
this section shall be open to inspection by
the police or health department at all
times.
(13) No (person under2l Years of age)
minor shall be employed in any rooms
constituting the place in which non-intox-
icating malt liquor is sold at retail `on-
sale,' except that (person under 21 years
of age) minor may be employed to per-
form the duties of a bus boy or dishwash-
ing services in restaurants in which non-
intoaicating malt liquor is sold at retail
`on-sale.' _
(14) No (person under 21 years of age)
minor shall offer for sale, sell, or in any
way assist in the sale of non-intoxicating
malt liquor at retail off-sale'; said prohi-
bition shall not extend to activities mere-
ly incidental to the sale of non-intoxicat-
ing liquors such as stocking beer on
shelves or carrying beer from the store at
the customers request."
Section 11.03, Subdivision 12, is
amended to read:
"Su.d. 12. Persons Ineligible for Li-
cense. No license shall be granted to or
held by any person:
(1) (Under 21 years of age.) Who is a
mina.
(2) Who is not of good moral charac-
ter and repute.
(3) Who, H an individual, is an alien.
(4) Who is or bas been convicted of
any willful violation of any law of the
United States, the State d Minnesota, or
anyy other state or territory, or of any 1o-
cal ordinance regarding the manufacture,
sale, distribution or possession for sale or
distribution of intoxicating liquor or
whose Gquor license has been revoked for
any willful violation d any law or ordi-
nance.
(5) Who is a manufacturer or whole-
saler of intoxicating liquor.
(6) Who is directly or indirectly inter-
ested in any other establishment m the
city to which a license of the same class
has been issued under this section.
(7) Who, if a corporation, does not.
have a manager who is eligible pursuant
to the provisions d this section.
(8) Who is the spouse d a person ineli-
gible for a license under paragraphs 4, 5
or 6 d this section or who, in the judg-
ment tithe city council, is not the real
party in interest or beneficial owner d
the business operated, or to be operated,
under the license.
(9) A license may not be granted or
renewed if, in the case of an individual,
the licensee has not been a resident o[ the
city fa at least one year at the time; if, in
the case d a partnership, the mawging
partner has not been a resident d the city
for at least one year at the time; or in the
case d a cetporation,i[the manager has
not been a resident o[ the city for at least
one year at the time."
Section 11.06, Subdivision 16, is
amended to read:
"sobd. 14. Conditions Governing Issu-
ance. The following conditions govern
issuance of a license pursuant to this
section:
(I) Every license shall be granted sub•
ject to the provisions d this section and d
any other applicable ordiwnce a law.
(2) The license shall be posted in a
con~iatous place in the licensed premis-
(101 No licensee shall sell, offer for
sale, or keep for sale, intoxicating li-
quors.
1111 Where set-ups are served, the li-
censee must have a bartender on duty to
mix drinks from any patron's bottle d
intoxicating liquor. The patron mustde-
liver such liquor to the bartender on en-
tering the restaurant and take such bottle
with him when he leaves. Such bottle
shall be identified by owner's name plain-
lywritten on the bottle. No set-up shall be
carried from the room where it is served.
(12) No licensee shall apply for or pos-
sess afederal wholesale or retail liquor
dealer's special tax stamp or a federal
gambling stamp.
113) No licensee shall keep ethyl alto-
hol or neutral spirits on any licensed
premises or permit their use on the prem-
ises as a beverage or mixed with a bever-
age.
(19) Changes in the corporate or assn
ciation dficers, corporate charter, arti-
cles of incorporation, bylaws or partner-
ship agreement, as the case may be, shall
be submitted to the city clerk within 30
days after such changes are made. In the
case of a corporation, the licensee shall
notify the city clerk when a person not
listed in the application acquires an inter-
est which, together with that of his
spouse, parent, brother, sister or child,
exceeds 5%, and shall give all informa-
tion about said person as is required of a
person pursuant to the provisions of Sub
division 5 d this section. _
(15) At the time a licensee submits his
application for renewal of a license, he
shall state the nature or amount of any
contribution be has made for campaign or
political purposes, the person to whom
the contribution was made and the person
or organization for whom intended.
(16) A restaurant shall be conducted in
such a manner that the principal part of
the business for a license year is the serv-
ing offoods.
(17) A restaurant shall display a sign
calling attention to the open bottle law."
Section 11.03, Subdivision 15, is
amended to read:
"Subd. 16. Restrictions Involving
Sale to Minors.
(1) No licensee, his agent or employee
shall serve or dispense upon the licensed
premises any intoxicating liquor or non-
intoxicating malt liquors to (any person
under the age of 21 years) a minor; nor
shall such licensee, or his agent or em-
ployee, permit (any person under the age
of 21 years) a minor to be furnished or
consume any such liquors on the licensed
premises.
(2) Any person who may appear to the
licensee, his employees or agents to be
(under the age of 21 years) a minor shalt,
upon demand of the licensee, his employ-
ee or .agent, produce and permit to be
examined (an identification certificate
issued by any clerk of the district court in
thr State of Miwesota pursuant to Minne-
sota Statutes, Sections 626.311 through
626.301.) a valid driver's license or non-
qualification certificate issued by the
State Department of Public Safety.
(3) In every prosecution for a violation
of the provisions of this section relating to
the sale or famishing of intoxicating li-
quor or non-intoxicating malt beverages
(to persons under the age of 21 years) to
minors, and in every proceeding before
the city council with respect thereto, the
fact that the minor involved has obtained
and presented to the licensee, his employ-
ee or agent a (verified identification card
issued by the clerk of any district ceurt in
the State of Minnesota) a valid driver's
license or non-qualification certificate,
from which it appears that said person
was (21) 18 years of age and was regular-
ly issued (such identtftcation card) li-
cense ornon-qualification certificate,
shall be prima facie evidence that the li-
censee, his agent or employee is not
guilty of such a provision and shall be
conclusive evidence that a violation, if
oce has occurred, was cal willful or inten-
tional."
Section 11.04, is amended to read:
"11.04. REGULATION OF THE POS-
SESSION OR CONSUMPTION OF LI-
QUOR OR NON-INTOXICATING MALT
LIQUOR BY MINORS.
Subdivision 1. Adoption d Certain Provi-
sion d Mbmeaota Stamtes, Chapter 340
by Reference. The following provisions
and sections of Miwesota Statutes, Chap-
ter 390 are hereby adopted by reference
and made a part of this chapter as if fully
set forth berein:
(1) Miwesota Statutes 340.035, "Mi-
wrs; Purchase, Consumption, Posses-
sion."
(2) Miwesota Statutes 390.731, "Mi-
nors, Forbidden Acts or Statements."
(3) MiwesotaStatutes340.79,"Giving
To or Procering for Minors."
(4) Minnesota Statutes 340.80, "Induc-
ing Miwr to Enter Saloon."
Section 11.06, Subdivision 1, is
amended to read:
"Subdivision I. Defisftions. The fol-
lowing terms have the meanings ascribed
to them is this section:
(1) The term "fotoaicatfng liquor"
means slid includes ethyl alcohol and in-
~cludes distilled, fermented, spiritous,
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o[ the establishment, a restaurant as an
integral Part thereof.
(5) The term "on-sale" means the sale
of intoxicating liquor by the glass, or by
the drink for consumption on the premis-
esonly.
(6) The term "off-sale'" means the
sale of intoxicating liquor in the original
package in retail stores for consumption
off or away from the premises where
sold.
(7) "Minor" means any person under
the age of IS years."
Section 11.06, Subdivision 10, is
amended to read:
"Subd. 10. Person Ineligible for Li-
cense. No license shall be granted to or
held by any person:
(1) Who is ineligible under Minnesota
Statutes, Chapter 340.
(2) (Utder 21 years d age.l Who is a
mina.
(3) Who is wtof good moral character
and repute.
(4) Who, if an individual, is an alien.
(5) Who, within five years prior to the
application for such license, has been
convicted of any willful violation of any
law of the United States, the State of Min-
nesota, or any other state or territory, or
of any local ordinance, with regard to the
manufacture, sale, distribution, or pos-
session for sale or distribution o[ intoxi-
cating liquor, or whose liquor license has
been revoked for any willful violation of
any such laws or ordinances.
(8) Who is a manufacturer or whole-
saler dintoxicating liquor.
(7) Who is directly or indirectly inter-
ested fn any other establishment in the
city to which a license of the same class
has been issued under this section. The
word "interested" as used in this para-
graph 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.
(9) Wbe is the spouse of a person ineli-
gible 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 owcer
of the business operated, or to be operat-
ed, under the license.
(10) A license may not be granted or
renewed, iE, in the case of an individual,
the licensee is not a resident of the city at
the time of issuance; if, in the case of a
partnership, the managing partner is not
a resident of the city at the time of issu-
ance; or, in the case of a corporation, if
the manager is not a resident of the city
at the time of issuance. Any "on-sale"
license, once issued, shall be effective
only as long as the licensee, the managing
partner, or the manager, as the case may
be, remains a resident of the city."
Section 11.06, Subdivision 12, is
amended to read:
"Subd. 12 Conditions Governing Issu-
ance. The following conditions govern
issuance of a license pursuant to this
section:
(1) Every license shall be granted sub-
ject tothe provisions of this section and of '
any other applicable ordinance or law.
(2) The license shall be posted in a
rnnspicuous place in the licensed premis-
es at all times.
(3) Every licensee shall be responsible
for the catduct of his place of,business
and for the conditions of sobriety and or-
der in the place of business and on the
premises.
(4) No "on-sale" licensee shall sell
intoxicating liquor "off-sale."
(5) No license shall be effective be-
yond the compact and contiguous space
shown in the license application for such
license.
(6) No (person under 21 years of age)
minor shall be empoyed in any rooms
censtituting the place in which intoxicat-
ing liquors are sold at retail "on-sale,"
except that (persons umler 21 years of
age) micron may be employed to perform
the duties of a bus boy or dishwashing
services in hotels or restaurants licensed
under the provisions of this section.
(7) No intoxicating liquor shall be sold
or famished or delivered to any intoxicat-
ed person, to any habitual drunkard, to
(soy person under 21 years of age) a mi-
nor or to any person to whom sale is pro-
hibited by state law.
(8) No licensee or any of his employees
shall keep, possess, or operate or permit
the kceping, possession or operation of
any slot machine, dice, or any gambling
device or apparatus ce the licensed prem-
ises, or in any room adjoining the licensed
premises, nor shall any such person per-
mitany gambling therein:
(8) No licensee or any of his employ-
ees shall knowingly permit the licensed
premises or any room in those premises
or any adjoining building directly or indi-
rectly under his rnntrol to be used as a
resort for prostf Wtes.
(10) Roy police officer, health officer,
sanitarian, budding inspector or any
pr rly designated dficer or employee
d the city shall have the urtqualified right
to enter, toapect, and search the premises
of the Ifceasee during business hours
without awarrant.
(11) No "oo-sale" liquor establish-
s
permitted from place to place or person
to person without complying with all of
the requirements o[ an ortginal applica-
tion; including the paymentof all fees and
including the approval of the city council
and the liquor crontrol commissiocer.
(18) No licensee shall sell, offer for
sale, or keep for sale, intoxicating liquors
in any original package which has been
refilled or partly refilled. No licensee
shall directly or through any other person
delete or in any mancer tamper with the
rnntents of any original package so as to
change its composition or a1rnholic cw-
tent while in the original package. Pos-
session on the premises by the licensee of
any intoxicating liquor in the original
package differing in the composition or
alcoholic content in the liquor when re-
ceived from the manufacturer or whole-
saler from whom it was purchased shall
be prima facie evidence that the contents
of the original package has been diluted,
changed or tampered with.
(19) The business records of the licen-
see, including federal and state tax re-
turns, shall be available for inspection by
the city manager, or other duly author-
ized representatives of the city or the city
comcil at all reasonable times.
(20) No sale of intoxicating liquor
shall be made to or in guest rooms of ho-
tels, unless the rules of such hotels pro-
vide for the service of food in guest
rooms; nor unless the sale of such intoxi-
cating liquor is made in the mower "on-
sale" are required to be made; nor unless
such sale accompanies and is incident to
the regular service of meals to guests
therein; nor unless the rules of such hotel
and the description, location and number
of such guests rooms are fully set out in
the application for a license."
Section 11.06, Subdivision 16, is
ams~ded to read:
"Subd. 16. Restrictions involving
Sale to Minors.
(1) No licensee, his agent ar employee
shall serve or dispense upon the licensed
premises any intoxicating liquor to (any
person under the age of 21 years) a mi-
nor; nor shall such licensee, or his agent
or emplovce, prrmit (env person under
the age of .21 years) a minor to be fur-
nished orconsume any such liquors on the
licensed premises.
(2) Any person who may appear to the
licensee, his employees or agents to be
(under the age of 21 years) a minor shall,
upon demand of the licensee, his employ-
ee or agent, produce and permit to be
examined an identification card, includ-
ing adriver's license, or nos-qualification
certUicate issued by the State Depart-
ment of Public Safety."
This is an emergency ordinance and is
effective on its passage.
Passed by the City Council of the City
of Richfield this 25th day of June, 1973.
LOREN L. LAW
Mayor
Attest:
THOMAS J.MORAN
Clerk
(June28,1973)-RN