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1970-01S UN NEWSPAPERS AFFIDAVIT OF PUBLICATION RICHFIELD ,SUN 6601 W. 78th St. State of Minnesota 1 County of Hennepin j SS. ~ ,- Bloomington, Minnesota R. P. WAh'Dr.R, being duly sworn, on oath says he is and during all times here stated has been the secretary 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 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 nd has entry as second-class matter in its local post-office. (5) Said newspaper purports to ve the City of Richfield in the County of Hennepin and it has its known office of ue in the City of Bloomington in said county, established and open during its regular business urs far the gathering of news, sale of advertisements and sale of subscriptions and main• fined by the managing officer or persons in its employ and subject to his direction and con- 1 during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) 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, 1966 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 legal newspaper. :ill ido, 1Q7C`--~. He further states on oath that the printed ....................... 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 ~71E ... successive weeks; ~t11I^w ' '+f , that it was first so published on ...t' : the ~n day of .. ~ Jc^rCll lg , 7O 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 kl .`~~'~ 2°C~'l ..... ........... 19.. 7 V. Subscribed and sworn to before me this ~ u ... day of .....!~ ~ (Notarial Seal) LECAL NOTICES ~~*' , ~'°~ ~ ate li uor coot issimeq the spell-, _i st 9 rot C mm l [po y,. ~.:~ i ~~ o cation shall state: , AM L! ~PTER XI OF THE ~ (11 Whether the a locant is a uatural per- Pp "O&111N _. , ~?-(iO~~'_OF TF3E- CITY OF . son, rnrporation, partnership, or other form . $ICHFIELD, MDDI13G`A NEW SECTION! of organoration. •t~I,1,iA6 ItELATfNG TO INTOXICATING LI• ' 121 If the applicant is a natural person, the QgqOR;._AND PROVIDING .FOR THEM following information shall befurnoshed: LYCENSING ANI) REGULATION OF THE. I lal True name, place and date of birth, SALE OF INTOXICATING LIQUAR °ON~' and street residenceaddress of apPdcant. SALE" ~ (bl Whether applicant has ever used or "11.06. ONSALELIQUOR ~ Subdivision 1. Definotions. The following terms ~ been known by a name other than his true name and, if so, what was such name, or have the meanings ascribed'to them in this' names, and information concerning dates and section:' places where used, (I I The term °intoxicatiog liquor" means , lcl The name of the business if it is to be and includes ethyl alcohol aodinclades dos- i titled, fermented, spiritous, vioogs and malt' conducted under a desig~tion, name or style ocher than the full individual name of the ap- beverages containing in excess of 3.2-percent of plicant. alcohol by weight. - - (dl Whether applicant is married or sin- 121 "Sale" and "sell" and "sold"'means all gle. H married, tree name, place and date of barters anti all manners of furnisytisg intoxi-' birth and street residence address of appy - catiag liquor including such furoosking in vio- cant's present spouse, lationorevasoonpilaw. let Whether applicant and present spouse (31 The term 'restaurant' means any estab- are registered voters sod, if so, where. Rebment, under the control of a single pro- Ifl Street addresses at which applicant prletor or manager, havingappropriate tacit- and present spouse have lived during the pre- ities tti serve meals fn one or t9ore dining ceding ten years. rogms having a total area of at least 10,000 lgl Whether applicant or his spouse has square feet, and where in consideration of ever been convicted of any felony, crime or payment therefor, meals are regularly served voolation of any ordinance, other than traffic.' 9C tables to the general public, and which H so, the applicant shall turnosh information as empibys an adequate staff,for the usual and to the time, place and offense for which con- ~shituble service tu its guests and ttie.prineipal - unctions were had. pax[-0f [tie business-. of whiff t Is the serving of lhl Whether applicant or his spouse has f4 s. The area 'to be used io computing such ever been engaged as an employee or in oper- ,10;5P0 square foot~:miuimum-shell be thegross sting a saloon, hotel, restaurant, cafe, tavern ~' floor area of the restaurant including areas or other business of a similar nature. If so, ap- for ~ the prepara4idn and serving of food and Plicant shall tarnish information as to the time, liquor: Basetltent areas;-hoyfever, shall not be Place and length of time. rnonted for -the purposes of meeting such lit Whether applicant has ever been in 10,000 square foot minimum requirement. military service. If so, applicant shall, upon y41 The term "hotel"'-means and includes request, exhihitalldischarges. say establishment having a resident proprietor ll l The name, address and business od- or manager, where, in consideration of pay- dress of each person who is engaged in Minne- ment therefore:, food sad lodging are regularly sofa in the business of selling, manufacturing furnished ~to transients which maintains for or distributing intoxicating liquor and who is , theuse of its guests not less than 100 guest nearer of kin to the applicant or his spouse than rooms with bedding and other usual, suitable second cousin, whether of whole or half blood, anti necessary furnishings in each room, which or who.is a brother•in -law or sister-in -law is provided at the main entrance with a suits- of the applicant or his spouse. ble lobby, desk and office for the registration 131 If the applicant is a partnership, the of its guests on the ground floor, which em- names and addresses of ail partners and all ploys an adequate staff to provide suitable and information concerning each partner as is re- usual service, and wNch maintains, under the ~ paired of a single applicant in Paragraph (21 same management and control as the rest of above. A managing p~tner, or partners, shalt ~ the establishment+ a restaurant as an integral be designated. 7~cfn-t€rest of each partner in part thereof. the busines~~shall be disclosed. A true copy of 151 Theterm `principal part of the business' the partnersh[p agreement shall be submitted means more than 509 of the gross retail sales with the application. shall be derived from the sale ~aod. 191 H the applicant is a corporation or other 161 The term "on-sale" means the sale of organization and is applying for an "on-sale" - intoxicating liquor by~ the ®lass, or by the drink license, the following information shall be fur- - for consumption on the premises only. Wished: ' :_'"l~l The term "off•sale" means the sale of lal The name and, if incorporated the igtpkecatisg liquor in the orijlioal package in state of incorporation. ~; i¢ft(il stores for consamption.gff oraway from Ihl A true copy of the certificate of incur~ '.'-1h8premiseswheresold. poration, articles of incorporation or asstlcia- '.Subd. 2. License Required. No person, except lion agreement and bylaws. wlt0lesalers or manufaMUiers, td the extent Icl The name of the manager or proprietor ~'~8ilthorize Wader state Itceas_F, shall directly or or other agent in charge of the premises to be ~b'ectly,. Lin, sell,, or k~ep.faF sale any in- - licensed, giving ail the information about said Y ~ -ti ;.fpr "o ` dale without person as is required of a single applipnt in , ~~ ~ o so as pro- Paragraph (21 above. ~_ ' •~3 'eases shall N •~ n ~ {i-4i els*a - t (dl A list of all natural persons who, singly or to ether with their s ouse or a parent t of uran s. o ~~'oA=yalt'" ~ es may be g , p , brother, sister or child of either of them, own "tears '. or control an interest in said corporation or •--License to be Veri- association op excess of 5I , or who are officers -n for an `on-sale' • of said corporation or association, together i~ ei'ified and filed with the with their addresses and all other information city a er required of a single applicant in Paragrapk (21 Subd, 4. Contents of Application. In addition above. to information which may be required by the 151 The exact legal description of the prem• I ises to be licensed together with a plot plan of win di 1 ation of the area sho mansions oc B b ildi s street access rkin facilities and u ng , . Pa 6 the locations of and distances to the nearest, ctiurch building and school grounds. (61 The floor number and street number where the "on-sale" sale of liquor is to be conducted and the rooms where liquor is to be. consumed. An applicant for an "on-sale" li- cense shall submit a floor plan~of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall in-. 'care the number of persons intended to be se n each said rooms. 17) H a rmit from the federal government i5 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. ISI The amount of the investment that the' applicant has in the business, building, prom- ises, fixtures, furniture, stock in trade, etc.,.~i and proof of the source of such money. ' (9) The names and addresses of all persons; other than the applicant, who have any Rnan- cial interest in the business, buildings, prem- ises, 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, ar• lessees, lessors, mortgagees, mortgagors, lendors, lien holders, trustees, trustors and persons who have co-signed notes or otherwise loaned, pledged, or extended security for any indebt- edness of the applicant. (101 The names, residences and business addresses of three persons, residents of Hen- nepin County, of good moral character, not related to the applicant or financially interest-. eel in the premises or business, who may be referred to as to the applicant's character or in the case where in[ormation is required of a manager, the manager's character. (111 Whether or not all real estate and per- sonal property taxes for the premises to be li- censed have been paid and, if not paid, the years for which delinquent. (121 Whenever the application for an "on- sa-e" license, or for a transfer thereof, is for premises either planned or Hader construction or undergoing substaetial alteration, the ap-. plication shall be accompanied by a set of pre• liminary plans showing the design of the pro- posed premises to be licensed. Ii the plans or design are on file with the city engineer, ne. plans need to be filed with the city clerk. - '- 1131 Such other information as the city council shall require. (141 Proof that the applicant has rnmplied 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 uponan application for a license until all such regula- tions have been complied with and final approval of site and building plans have been given by the council. Subd. 5. Execution of Application. H the appli- cation is by a natural person, it sha-1 be signed- and sworn to by such person; if by a corpora- tion, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing offi- cer thereof. >f the applicant is a partnership, any license, bond and insurance policy issued shall be in the names of all the partners. -Subd. 6. Renewal Application. Applications for the renewal of an existing license shall be made 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. If, in the judgment of the council. good and sufficient cause is shown by any ap• plicant for his failure to file for a renewal within the time provided, the council may, if the other provisions of this section are com- plied with, waive this requirement and grant tee application. - Subd. 7. Accountant's Statement. At the earli- est practicable time after application is made for a renewal of an "on-sale" Rcense, and fo' rior to the time that the a location an event Y P PP is approved by the council, the applicant shall file with the city clerk a statement made by a, i certified public acconotant that shows the total gross sales and the total food sales of the res- taurant for the 12-month period immediate-y i preceding the date for filing recewal applies-, tinny. Subd. 6. License Fees. The followitg provisions control as to license fees and related subjects: Il) Tbe annual license fee for an 'on-sale' i license shall be seven thousaed five hundred dollars. (2) Oce-haH of the amual license fee shall be paid when the application is filed and tbe: remaining ba-ance shall be paid before the license is issued. All fees shall be paid into the general fund of the city. Upon rejection or withdrawal of any application for a license, '~~. the license fee shall be refunded to the appli- cant except where rejection or withdrawal is for a 'willful misstatement in the license application. (31 At the time of each original application for a license, the applicant shall also pay a minimum investigating fee. This minimum fee shall be One Hundred Dollars ($100.001 for each• person shows on the application, whether a proprietor, partner, manager, shareholder or officer. The minimum investigating fee shall not be subject to refund. H the expenses of the investigation relating to any application exceed the minimum investigating fee, the city shall notify the applicant of this fact and shall re- quire the applicant to pay an additional ~aves- tigating fee which the city manager deems necessary to complete its investigation at the applicant. The applicant shall pay such an ad- ditionaf investigating fee within five (51 days of being so notified. If such additional investogat- ing fee is not paid within such 5-day period, the city shall discontinue considerations of the ap- plication. All persons interested for or against this proposed ordinance amendment are noti- fied to be present Feb. 23rd, 1970 and they will be heard. (41 No part of the fee paid for any license shall be refunded except in accordance with !his section or with city council action. (51 At any time that an additional investiga- tion is required because of a change in the ownership or control of a partnership or cor- poration or because of an enlargement, alt8ra- tion, or extension of premises previously li- censed, the licensee shall pay an additional investigating fee in the amount•of 575.00. Subd. 9. Granting of Licenses. The following procedure shall be followed in processing ap- p6cationsfor ticensesunder this section: - (11 All applications for a license shall be re- ferred to the chief of police, and to such other city department as the city manager stall deem necessary, for verification and investigation of the facts set forth in the application. The chief of police shall pose to be made such investigation of the information requested in Subdivision 9 as shall be necessary and shall make a written recommendation and report to the city council which-shall include a list of all violations of federal or state law qr municipal regulations. (21 Upon receipt of the written report and recommendation by the chief of police and within 20 days thereafter, the council shall in- struct the city clerk to cause to be published in the official newspaper 10 days in advance, a notice of a hearing t 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 con- ducted, and such other information as the council may direct. At the hearing opportunoty 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. H the license is granted, the council may withhold its issuance until the applicant has qualified in all respects for the license. H the premises to be licensed are not complete at the time that the hearing is conducted, the council Wray grant the license but shall withhold its is until the remises s ace have ua bees P com- pleted in accordance with the requirements of the ordioances of the city and in accordance with the representations made by the appli- cant. TE a license has been grained but its issu- ance has been withbeld pending completion of the premises to be licensed, and if the licensee does not proceed with reasonable dispatch to ready the premises, the council may rescind the action granting the license. Such action short not be taken, however, without giving the licensee at least eight days notice of the time and place of a bearing on the proposed rescis- SIOn. 131 Each license shall be issued to the appji- qnt oNy, Each license shall be issued only for the premises described in the application, 191 The clerk shall, within 10 days after the issuance of any license under this section, sub- mit to the liquor control commissioner the lull name anti address of each person granted~a li- cense, the trade name, the effective license date, and the date of expiration of tbe license. He shall also submit to the liquor control com- missioner any change of address, transfer, cancellation, or revocation of any license by the council during the license period Subd. 10. person Iceligible Eor License. No h- censeshall be granted to or held by any person: 111 Who is ineligible under Minnesota Stut- utes, Chapter 340. (21 Under 21 years of age. (31 Who is not of good moral character and repute. (41 Who, if an individual, is an alien. (51 Who, within five years prior to the appti• cation for each license, has been convicted of any wi1Hu1 violation of any law of the United, States, the State of Minnesota, or say 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 liceese has been revoked for any wilful violation-of any. such laws or ordioances. (6) Who is a manufacturer or wholesaler of intoxiptingliquor. 171 Who is directly or indirectly interested in any other establishment in the city to which a Hcense of the same class has been issued under this seMion. The word "interested" as used in this paragraph includes any pecuniary interest in the ownership, operation, management or profits of such an establishment. (81 Who, if a corporation, does not have a manager who is eligible pursuant to the provi- sions of this election. (91 Who is'the spouse of a person ineligible for a license coder paragraphs 9, 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 io be operated, underthe license. (10) A license may not be granted or re• newed if, in the case of an individual, the li- censee is not a resident of the city at the time of issuance; if, in the ease 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 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. Subd. 11. Ineligibility for•License. Existence of any of the following conditions render any ap- plicant fneligiblefor receipt of a license: (1) No license stall be granted, or renewed, for operation on any premises, on which taxes, assessments dr other financial claims of the city are delinquent sad unpaid. 12) No license shell be granted for a foreign corporation. (3) No-license shill be issued for the prem- ises owned by a peran to whom a license Qtay not be granted undn this section, except an owner who is a minaor an alien. (4) No 'on-sale' Ifanse shall be greeted for a restaurant whiehdces not comply in all respects with the de[ioition of a restaurant as f his section nor o bdivi ion 1 o t rnntained n Su s not have a total to any restaurant which does market value, including land, building and equipment, of at least ;500,000, as appraised by the city assessor based upon appraisal Aata having a base date of January 1, 1970. (SI No on-sale' license shall be granted for a hotel which does not comply in all respects with the definition of a hotel as contained in Subdivision 1 of this section, nor to any hotel which does not Gave a total market value, including lam, building and equipment, of at least EI,i90,000, as appraised by the city assessor based upon appraisal data having a base date of January 1, 1970. 161 No "on-sale" license shall be granted restaurants or hotels unless [bey are located in a general commercial area. Subd. 12. Conditions Governing Issuance. The following conditions govern issuance of a li- censepursuant to this section: 111 Every license shall be granted subject to the provisions of this section and of any other 'applicable ordinance or law. (21 The license shall be posted in a conspicu• ous place in the licensed premises at all times. 131 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. 191 No "on-sale" licensee shall sell intoxi-~ eating liquor "off-sale." (5) No license shall be effective beyond tbe~ building space shown in the license application for such license. - (61 No person under 21 years of age shag ba zmployed is any rooms constituting the place in which intoxicating liquors are sold at retuit "on•sale", except that persons under 21 years of age may be employed to perform the duties of a bus boy oe dishwashing services in hotels or restaurants licensed under the provisions of this section. (7) No intoxicating liquor shall be sold or furnished or delivered to any intoxicated per• son, to any habitual drunkard, to any. person under 21 years of age or to any person to whom sale is prohibited by state law. - (81 No licensee or any of his employees shall keep, possess, or operate or permit the keep~ ing,.possessios or operation of any slot ma• chine, dice, or any gambling device or appara- tus 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 adjoinongbuild- ing directly or indirectly under his control to be used as a resort for prostitutes. (101 Any police officer, health officer, sani- tarian, 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 wothout a warrant. ' (111 No "on-sale" liquor establishment shall display liquor to the public during hours when the.sale of liquor is prohibited by this or- dinance. (12) No licensee shall apply for or possess a federal wholesale or retail liquor dealer's spe• ciai tax stamp or a federal gambling stamp. 1131 Changes in the corporate or association officers, corporate charter, articles of incor- poration, bylaws or partnership agreement, as~ the cases maybe, 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 5%, and shall give all information about said person as is required of a person pursuant to the provisions of Subdivision 4 of this section. Il4) At the time a licensee submits his ap- plicationfor renewal of a license, he shall state the nature or amount of any contribution he has ~ made for campaign or political purposes, the (11 At the time of Rting as epptication for an " li n h a tic s 11 file a "on-sale ce se t e sot ha PP b nd with co ate sure[ with tbe cif clerk. o ~ Y, Y Such bond shall be in the amount of 510,000.80. - 121 The surety bond required by paragraph 111 of this subdivision shall be subject to tbe approval of the city attorney as to form and execution. (31 Tbe surety on such bond shall be a surety company duly licensed to do business in the State of Minnesota. All surety bonds, when approved by the proper city of[icera, shall be deposited with the city clerk. 141 All such bonds shall be conditioned as follows: lal The licensee will obey the law relating to the licensed business. Ibl That tbe licensee will pay to tbe city when due all taxes, license fees, penalties and otber charges provided by law. (c1.That in the event of violation of any law relating to the business for which the li- cense has been granted for the sale of liquor, the bond shall be forefeited to the city. I5) All such bonds shall provide [bat no pn- cetlation for any cause can be made either by the bonding company or the applicant, without said person fir t giving 30 days' written notice to the city, addressed to the city manager, of intention to cancel the bond. Subd. 14. Liability Insurance. (11 Prior to the issuance of an "on-sale" liquor license, the applicaet shall fi-e lal a public habitity insurance policy and (bl l a li, poor tiabi4ty policy covering liability under the provisions of Minnesota Statutes, Sectioq 348.95. Fach of such policies shall provide cov- erage of at least $100,080.00 and 5300,000.00. The city shall be named as an additional party insured on each of such policies. 121 Such policies shall provide that no can- collation for any cause shall be made by either the insured or the insurer without first giving written notice of such pncellation to the city at least 30 days prior to the effective date•of the cancellation. (31 Such policies of insurance shall further provide that no. payment of any claim by the insurance company shall in any manner de- crease the coverage provided for in respell to any other claim or claims brought against the insured or the insuring company. (41 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 Minneso ta. Such policies, wben approved by the proper city officials, shall be deposited with the city clerk. Subd. 15. Hours of Operation. No "on-sale" sale of intoxicating liquor shall be made during the times when such sale is prohibited by state law. Subd. 16. Restrietoons lavolving Sale to Minors. Ill 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; nor shall such licensee, or his agent or employee, permit any person under the age of 21 years to be furnished or consume any such liquors on the licensed premises. 121 Any person who may appear to the licen- see, his employees or agents to be under the age of 21 years shall, upon demand of the li- censee, his employee or agent, produce and permit to be examined an identification card, including a driver's license. Subd. 17. Other Restrictions on Purchase o Consumption. (1) No person shall- give, sell, procure or ,purchase intoxicating liquor for any person to whom the sale of intoxicating liquor os for- biddenby law. 12) No person shall mix or prepare intoxi- cating liquor for "on-sale" consumption in env public place not licensed in accordance with this code and the laws of the State of Minneso- ta. Subd.. Ili. Revocation. The city council may suspend or revoke an "on-safe" license for the violation of any provision or condition of this section or of any state law or federal law regu