1964-17Bill No. 1964-17 ORDINANCE N0. 3.38
AN ORDINANC E RELATING TO SALE OF SET-UPS
FOR CONSUMPTION OF LIQUOR ON PREMISES
CITY OF RICHFIELD DOES ORDA IN
1.01 Definition of Terms.
' 1. As used in this ordinance the term "person" includes a natural
person,. co-partnership, corporation and association of persons and the agent or
manager of any of the aforesaid.
2. The term "intoxicating liquor" shall mean and include ethyl
alcohol and include distilled, fermented, spiritous, vinous, and malt beverages
containing in excess of 3.2% of alcohol by weight.
3. The terms "sale" and "sell" mean and include all barters and all
manners or means of furnishing set-ups for intoxicating liquor or liquors as
above described and also include the usual meaning of such terms.
4.. The term "set-u p" means the sale of beverage in or by the glass
or the sale of ice in or by the glass for the purpose of spiking (or serving
mixed drinks, compounded from patronts bottles) and for consumption on the
premises .
5.. The term "restaurant" means any establishment, under the control
of a single proprietor or manager, having appropriate facilities to serve meals,
for seating not less than 50 guests at one time, and where in consideration of
payment therefor, meals are regularly served at tables to the general public,
and which employs an adequate staff for the usual and suitable service to its
guests, and the principal part of the business of which is the~~erving of foods.
6. The term "principal part of the business" shall mean at least 60%
of gross sales.
7. A "church" as used in this ordinance is a building which is
principally used as a place where persons of the same faith regularly assemble
for the public worship of God.
1.02 License Required.
1. No person shall directly or indirectly deal in, sell, or keep for
sale any beverage for set-ups without first having received a license to do so as
provided in this ordinance.
2. "S'et-up" licenses shall be issued only to restaurants which have
been in operation for at least five years.
1..03 Applications for License to be Verified. Every application for a
license to sell intoxicating liquor shall be verified and filed with the city clerk.
1.04 Contents of Application. The application shall state
Ord. No. 3.38 (cont.)
1. Whether the applicant is a natural person, corporation, partnership
or other form of organization.
2. If the applicant is a natural person, the following information::
A:. True name, place and date of birth, and street residence
address of applicant.
B. Whether applicant has ever used or been known by a name other
than his true name and, if so, what was such name, or names, and information
concerning dates and places where used.
C.' The name of the business if it is to be conducted under a
designation, name or style other than the full individual name of the applicant.
D. Yi~hether applicant is married or single. If married, true name,
place and date of birth and street residence address of applicant's present
spouse..
' E. Whether applicant and present spouse are registered voters and,
if so, where.
F. Street addresses at which applicant and present spouse have
lived during the preceding ten years..
G. Kind, name and location of every business or occupation applicant
and present spouse have been engaged in during the preceding ten years.
' H. Whether applicant or his spouse has ever been convicted of'any
felony, crime or violation of any ordinance, other than traffic. If so,
the applicant shall furnish information as to the time, place and offense
for which convictions were had.
I. Whether applicant or his spouse has ever been engaged as an employee
or in operating a saloon, hotel, restaurant, cafe, tavern or other business
of a'similar nature. If so, applicant shall furnish information as to the
time, place and length of time.
J. Whether applicant has ever been in military service. If so,
applicant shall, upon request, exhibit all discharges.
K. The name, address and business address of each person who is en-
gaged in Minnesota in the business of selling, manufacturing or distributing
intoxicating liquor and who is nearer of kin to the applicant or his spouse
than second cousin, whether of the whole or half blood, or who is a brother-
in-law or sister-in-law of the applicant or his spouse.
3. If the applicant is a partnership, the names and addresses of all
partners and all information concerning each partner as is required of a single
applicant in Subsection 2 above. A managing partner, or partners, shall be
designated. The interest of each partner in the business shall be disclosed. A
true copy of the partnership agreement shall be submitted with the application.
- 2 -
Ord.. No. 3.38 (cont.)
4. If the applicant is a corportion or other organization and is
applying for a "'set-up" license, the following:
A. Name, and if incorporated, the state of incorporation..
B. A true copy of Certificate of Incorporation, Articles of
Incorporation or Association Agreement and By-Laws.
C. The name of the manager or proprietor or other agent in charge
of the premises to be licensed, giving all the information about said person
as is required of a single applicant in Subsection 2 above.
D. 'A list of all natural"persons who, singly or together with
their spouse, or a parent, brother, sister or child of either of them, own
or control an interest in said corporation or association in excess of 5%,
or who are officers of said corporation or association, together with their
addresses and all information as is required of a sing le applicant in Sub-
section 2 above.
5. The exact legal description of the premises to be licensed together
with a plot plan of the area showing dimensions, location of buildings, street
access, parking facilities and the locations of and distances to the nearest church
building and school grounds.
6.. The floor number and street number where the sale of set-ups is to
be conducted and the rooms where liquor is to be consumed. An applicant for a
"set-up" license shall submit a floorplan of the dining room, or dining rooms,
which shall be open to the public, shall show dimensions and shall indicate the
number of persons intended to be served in each of said rooms.
7.. If a permit from the federal government is required by the laws
of the"United States, wheth er or not su ch permit has been issued, and if so re-
quired, in what name issued and the nature of the permit.
8. The amount of the investment that the applicant has in the
business, building, premises, fixtures, furniture, stock in trade, etc., and
proof of the source of such money.
9. The names and addresses of all persons, other than the applicant;
who have any financial interest in the business, buildings, premises, fixtures,
furniture, stock in trade; the nature of such interest, amount thereof, torms for
payment or other"reimbursement. This shall include, but not be limited to, any
lessees, lessors, mortgagees, mortgagors, lend ors, lien Holders, trustees, trustors
and persons WhQ k''-'.~.ve C.n--Si~TneC~. n.!J~'P~' ~r s?f'til~'"wsE luaYi'd, F:1e::tged, C:b v~`l,eii~s•C
security for any indebtedness of the applicant.
10. The names, residences qnd business addresses of three persons,
residents of Hennepin County, of good moral character, not related to the applicant
or financially interested in the premises or business, who ma.y be referred to as
to the applicant's character or, in the case where information is required of a
manager, the manager's character,.
11. Whether`or not all real estate and personal property taxes for .the
premises to be licensed have been paid, and if not paid, the years for which deinquent.
- 3 -
Ord. No. 3.38 (cont.)
' 12. l~Vhenever the application for a set-up" license, or for a transfer
thereof, is for premises either planned or under construction or undergoing sub-
stantial alteration, the application shall be accompanied by a set of preliminary
plans showing the design of the proposed premises to be licensed. If the plans
or design are on file with the city engineer, no plans need be filed with the
city clerk.
13. Such other information as the city council shall require.
1.05 Renewal Applications. 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
applicant for his f ailure to file for a renewal within the time provided; the
council may, if the other provisions of this ordinance are complied with, grant
the application.
At the earliest practicable time after application is made for a renewal of
a "set-up" license, and'in any event prior to the time that the application is
approved by the council, the applicant shall file with the city clerk a state-
ment made by a certified public accountant that shows the total gross sales and
the total food sales of the restaurant for the twelve-month period immediately
preceding the date for filing renewal applications. A foreign corporation sha1S
file a current Certificate of Authority.
1.06 .Execution of Application.. If the application is by a natural person,,
it shall be signed and sworn'to by su
thereof; if by a partnership, by one ch person; if by a
of the partners; if corporation, by an officer
by an unincorporated
associate, by the manager or managing officer thereof. If the applicant is a
partnership, any license issued shall be in the names of all the partners.
1.07 License Fees.
1. The annual license fee for a "set-up" license shall be the maximum
provided by state law..
2. The annual license fee shall b e paid before the application is
accepted. Upon rejection of any application for a license, the license fee shall'
be refunded to the applicant except where rejection is for a willful misstatement
in the license application.
3. At the time of each original application for a license, the
applicant sh all also pay in full an investigating fee. For a single natural
person, the investigating fee shall be $75.00. For a partnership, the invest-
igating fee shall be $150.00. Por a corporation or other association, the in-
vestigating fee shall be $300.00. No investigating fee shall be refunded.
4. No part of the fee paid for any ?;sense shall be refunded excepti
in accordance with this section or with city council action.
5. At any time that an additional investigation is required because
of a'change in the ownership or control of a corporation or because of an enlarge-
ment, alteration, or extension of premises previously licensed, the licensee shall
pay an additional investigating fee in the amount of $50..00..
- 4 -
Ord.. No.. 3.38 (cont. )
1.08 Granting of Livens es.
1. All applications for a license shall be referred to the chief of
police, and to such other city departments as the city manager shall deem necessary,
for verification and investigation of the facts set forth in the application.
The chief of police shall"cause to be made such investigation of the information
requdsted in Section 1.04, Subdivision 4, 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 o r state law or municipal ordinance.
Upon receipt of the written report and recommendation by the chief
of police and within twenty days thereafter, the city council shall instruct the
city clerk to cause to be published in the official newspaper ten days in advance,
a notice of a hearing to be held by the"city council, setting forth the day, time
and place when the hearing will be held, the name of the applicant, the premises
where the business is to be"conducted, and such other information as the council
may direct. At the hearing, opportunity shall be given to any person to be heard
for or against the granting of the license.
2. Each livens e shall be issued to the applicant only. Each license
shall be issued only for the premises described in the application. No license
may be transferred to another person or to another place without the approval of
the city council and without a new application having been filed.
3.. The city clerk'shall, within te~~:days after the issuance of any
license under this ordinance, submit to the Liquor Control Commissioner the full
name and address of each person granted a license, the trade name, the effective
license date, and the date of expiration of the license. He shall also submit
to the Liquor Control Commissioner any change of address, transfer, cancel~~.tion,
or revocation of any license by the council during the license period.
1.09 Persons Ineligible for License. No license shall be granted to or
held by any person:
1. Under 21 years of age.
2. Who is not of good moral character and repute.
3. in~ho, 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 pos-
session for sale or distribution of intoxicating liquor, or whose liquor license
has been revoked for any willful violation of any law or ordinance.
5, tjiho is a manufacturer or wholesaler of intoxicating liquor.
6. Who is directly or indirectly interested in any other establish-
ment in the city of Richfield to which a license of the same class has been
issued under this ordinance.
1
Ord. No. 3..38 (cont.)
7. Who, if an corporation, does not have a manager who is eligible
pursuant to
8. the provi
Who is sions of this section.
the spouse of a person ineligible for a
license pursuant
to the provi sions of Subdivision 4, 5 or 6 of this section or who,. in the
judgment of the city council, is not the real party in intere st or beneficial
owner of the business operated, or to be oper ated, 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 r esident of the city for at least one
year at the time.
1.10 Places Ineligible for License.
' 1. No licens e'sha11 be granted, or renewed, for oper ation on any
premises, on which taxes, assessments or other financial claims of the city are
delinquent and unpaid. No license~.~ shall be granted for a foreign corporation.
2.. No license shall' be granted for premises located within
600 feet of an elementary or secondary school or of any church. The
distance is to be measured in a straight line from the parcel or lot upon
which the business to be licens ed is located to the nearest point of the
parcel or lot upon which the church or school is located. The erection of
an elementary or secondary school or church within the prohibited"area after an
original application has been granted shall not, in and of itself, render such
premises ineligible for renewal of the license.
3. No license shall be issued for the premises owned by a person to
whom a license may not be granted under this ordinance, except an owner who is a
non-resident of the city, a minor, a.lien,. or a person who has been convicted of
a crime other than a violation of Minnesota Statutes, Sections 340.07 through
340.40.
4. No "set-up" license shall be granted for a restaurant that does
not have a separate dining area, d evoted exclusively for serving set-ups and
food, with a total minimum floor area of 1,500 square feet. This separate dining
area shall not be more than 50 percent of the total dining area.
5. No "set-up" license shall be granted for a restaurant with a
total market value of less than $100,000.00 of land, building, and equipment as
appraised by the city assessor.
6. No "set-up" license shall be granted restaurants with a separate
dining room located other than on the ground floor.
7. No "set-up" license shall be granted restaurants not properly
located in a general business area,
' 8. No "set-up" license shall be granted restaurants employing less
than 20 people on a regular basis.
-6 -
Ord. No. 3..38 (cont.)
1.11 Conditions of License.
1. Every license shall be granted subject to the provisions of this
ordinance 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 the conditions of sobriety and order in the place of business
and on the premises..
4. No "set-up" licensee shall sell intoxicating liquor "off-sale"
or "on-sale".
5. No license shall be effective beyond the building space shown in
the license application for such license.
6. No person under 21 years of age shall be employed in a room where
" set-up" sales are made and no such person shall be allowed to be or remain in
such room unless accompanied by his' parent or guardian.
7. No licensee or any of- his employees shall keep,, possess, or "
oper ate 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 ad-
joining the licensed premises, nor shall any such person permit any gambling
therein.
8. No licensee or any of his employees sh all knowingly permit the
licensed premises or any room in tY~.ose 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, 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.
11. Where set-ups are 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 whole sale or
retail liquor dealers special tax stamp or a federal gambling stamp.
13. No licens ee~ 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.
_'7-
Ord. No. 3,38 (cont.)
14, Changes in the corporate or association officers, corporate
charter, articles of incorporation, by-laws 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, 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 5%, and shall give all information about said person as is'required of
a person pursuant to the provisions of Section 1.04, Subdivision 3, of this
code..
'15. At the time a licensee submits his application for renewal 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.
16. 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.
17. The restaurant shall display a sign calling attention to the open
bottle law.
1.12 Hours of Operation. No sale of set-ups shall be made during time
when the sale of intoxicating liquor "on-sale" is prohibited by state law.
1.13 Restrictions Involving Minors
1. No licensee, his agent or employee shall serve or dispense upon
the licens ed premises any intoxicating liquor or non-intoxicating malt liquors.
to any person under the age of 21 years; nor shall such licens ee, or his agent
or employee, permit any person under the age of 21 years to be furnished or
consume any such liquors on the licens ed premises.
2. No person under 21 years of age shall misrepresent his age for
the purpose of obtaining intoxicating liquor or non-intoxicating malt Liquor
nor shall he enter any premises licens ed for the retail sale of intoxicating
liquor or non-intoxicating malt liquor for the purpose of purchasing or having
served or delivered to him for consuming any such intoxicating liquor or beer
nor shall any such person purchase, attempt to purchase, consume, or have another
person purchase for him any intoxicating liquor or beer.
3. No person shall induce a person under the age of 21 years to
purchase or procure or obtain intoxicating liquor or non-intoxicating malt liquor.
4.. Any person who may appear to the licensee, his emplo~-ees or agents
to be under the age of 21 years shall, neon deaand 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
Sections 626.311 through 626.319, Minnesota Statutes.
~~. In every proseLution for a violation of the provisions of this
ordinance re lating to the sale or furnishing of intoxicating Liquor or non-
1 fl-
Ord.. No. 3.38 (cont.)
intoxicating malt beverage to persons under the age of 21 years, and in every
proceeding before the city council with respect thereto, the fact that the
minor involved has obtaiined and presented to the licensee, his employee or agent,
a verified indentification card issued by the Clerk of any District Court in the
State of Minnesota, from which it appears that said person was 21 years of age
and was regularly"issued such identification card, shall be prima facie evidence
that the licensee, his agent or employee is not guilty of a'violation of such a
provision and shall be conclusive evidence that a violation, if one has occurred,
was not willful or intentional.
1.14 Other Restrictions on Purchase or Consumption.
1. No person shall give, sell, procure or purchase a set-up for any
person to whom the sale of intoxicating liquor. is forbidden by law.
2. No person shall mix or prepare set-ups for consumption, or consume
set-ups, in any public place not licensed in accordance with the ordinances of
the City of Richf field and the State of Minnesota.
1.15 Revocation.
1. The city council may suspend or revoke a license for set-ups for
the violation of any provision or condition of this ordinance or of any state
law or federal law regulating intoxicating liquor or set-ups, and shall revoke
such license for any willful violation which, under the laws of the state is
grounds for mandatory revocation.
Except in the case of a suspension pending a hearing on revocation,
revocation or suspension by the council sh all be preceded by written notice to
the licensee and a public hearing. The notice shall give at least eight days'
notice of the time and place of the hearing and shall state the nature of the
charges against the licensee. The council may, without any notice, suspend any
license pending a hearing on revocation for a period not exceeding 30 days. The
notice may be served upon the licensee personally or by leaving the same at the
licensed premises with the person in charge thereof. No suspension shall exceed
60 days.
1.16 Licensing of Employees.
1. No person shall work as a manager, bartender, cocktail waitress
or in any capacity where such person sells or serves set-ups in premises licensed
under this ordinance, and no"licensee shall permit any such person to be so
employed, unless such person, within seven days after being first employed, shall
apply for a license to engage in such business.. No person may be so employed for
any length of time if his license is denied or revoked.
2. An application for such license shall be filed with the city clerk
upon forms provided by the city and such application shall be verified under oath
and shall contain the following information:
A. The names and addresses of two residents of Hennepin County,
Minnesota, who have known the applicant for a period of two years and who
will vouch for the sobriety, honesty, and general good character of the
applicant.
- 9 -
Ord. No. 3.38 (cont.)
B. A concise history of the applicant's previous employment.
1
1
C. The record, if any, of arrests and of convictions for crimes
and misdemeanors other than traffic offenses.
3. The annual set-up license fee for any such person shall be
$5.00 and shall be paid in advance. A license shall expire on June 30th next
following its effective date.
4. The application shall be referred to the police department which
shall investigate the facts set forth in the application and make a written
report thereon at the earliest practicable time. If the police department
recommends that such person be licensed, the city clerk shall issue the license
forthwith: If the police department makes a recommendation that the license not
be issued, the applicant, upon request, shall be entitled to a hearing before
the city council and may offer evidence to prove the license should be issued.
5.. No person shall be issued a license if it appears that he hasi
committed an act which is a willful violation of Minnesota Statutes 340.07
through 340.~~0.
6. Any license issued hereunder may be revoked for any violation
of this ordinance or of Minnesota Statutes 340.07 through 340.40 or for con-
viction of any crime or misdemeanor involving moral turpitude.
1.17 License Year. A restaurant set-up license expires on June 30th next
following its effective date.
'1.18 Enlargement, Alterations or Extension of Premises. Proposed enlarge-
ment, alteration or extension of premis es previously licensed shall be reported
to the city clerk at or before the time application is made for a building permit
for any such change and the licensee sha11'also give such information as is
required by Section 1.04, Subdivision 5, 6, 8 and 9 of this ordinance.
1.19 Penalty. Any person violating any provision of this ordinance
shall be guilty of a misdemeanor and upon conviction shall be punished by a fine
of not more than One Hundred Dollars ($100.00) or imprisonmentfor" not more than
90 days .
Passed by the council of the City of Richfield this 28th day of December, 1964.
D
ATTEST • ~/~ . ~ ~-< ~ c.~ ` e~~ /~ ~• ; .
C ~ ~~ ~~ C
•Edward J~e, CClerk-Treas.
- 10 -
Stanley W. Olson, Mayor
vit of Publication
L~
1
t or
aoSBInr ~/
v4u3 :s ~ r.
•s~fs~° 2 0
-uossoel
po~aPr .
uot-or
_S~bh
-uT
-~v's
!Q
8
BUG H SA4iJR®AY, JANUARY 16th
~ -
~S®RTED VARIETIES
• CIiICKEN
• TURI6EY
~ • EEEF
6114TERNlBY
COFFEE
C
Eetch
Regular ~ lb. ~ ~ 39
or Drep Can
MISS ALASKA .FANCY '
PINK SAL ON ~ . ~Q~
BAKERS-19c EA.
Chocolate Chips .6 Rkg $
!9c Each
6-Oz.
Cans
1 v s ^ ^
HENNEPIN, ss
.road, L. R. Farrington, Guy T. Farrington, being duly
th says; that he is, and during all the times hexein stated
ne of the publishers of the newspaper known as The
ews, and has full knowledge of the facts hereinafter
for more than gone year prior to the publication therein
D'~' C2 0:-'' ~l~l X10.
? at'~ ng to ~~e ~-:Jos
Ot7 ~1'~U115@C
hed, said newspaper was published in the Village of Rich-
County of Hennepin, State of Minnesota, on Thursday of
;hat during all said time said newspaper has been printed
yh language from its office of publication within the Vil-
field, Hennepin ~Cbunty, Minnesota, from which it is issued
~ted and in newspaper format and in column and sheet
gent in space to at least 450 running inches of single col-
~,ches wide; has been issued as aforesaid once each week
m office established in said place of publication and em-
:ed workmen and the necessary material for preparing
the same; that the press work an that part of the news-
~d to local news of interest to the community it purports
!been done in its known office of publication; that during
s in its makeup not less than twenty-five percent of its
s have been devoted to lacal news of interest to the com-
urports to serve; that during all said time it has not
Gated any other publication, and has not been entirely
patents, plate matter sand advertisements; has been cir-
nd near its said place of pwblicati~on to the extent of at
ndred and forty (240) copies regularly delivered to pay-
~rs and has entry as second class :matter in its local post-
, copy of each issue has been filed with the State Histori-
~t. Paul; and that there has bbeen on file in the office+.of the
;or of Hennepin CJounty, Minnesota, the affidavit of a per-
:nowled;ge of the facts, showing the name ,and location of
per and the existence of the conditions constituting its
as a legal newspaper.
,notice o! '3.7.1 v0. ~y64-Z'; ~xy~_.~-n-r1nP
.33 re7 a~ti.7g ~o yet-J.s for coi~~u~r~p-
~f Lic;uor on t~ret;iises
NEdli CR®Red was cut from the columns of said newspaper, and was
~ published therein in the English language, once each
:. ~ r1'~...... successive weeks; that it was first so published
Lb.
- . the •-------1 r-~~ --. day of ..~ X11-U r;j.,----~"-9~>----
-----------------
er on Thursday of each week to and including the
:. ~.
f~F~P 4 '~
;~~~}<~.
~.~:.
f} i`Y
'~ ''`' ~ Grade dz'
® 12-Oz. ~
® Pkg.
ss • • •
..-....-----•-----..- day of ------------------------- ----------------------------- - and that
is a printed copy of the lower case alphabet from A to Z,
,and is hereby acknowledged as being the size and kind
n the composition and publication of said notice, to-wit:
klmnopgrstuvwxyz
it r i. jai c_ .-r
sworn to bef~e ~e the ~=-r' day
expires .---June... ~ ~:.?.....~ ~ ~ ~....--•---......._.
~~,~
.~_.._,.zg... ._ _.
`S ' y~•~ "'''' a•' ' . S~F•
PACE F UR r .~-
~ ~ ~~ ,''~ ~I •,i'Y,v_
f•X ~ K.
~,.
,~ 1,
L>;C>A?i:~ NOii'I,CE
.lull N!o. lOft4;11?
ORi)INANCE No:' 3.3`i
An Ordinance relufi2ig to sale
of Set-Ups for consumption of~
liquor on premises
CITY OF RhCHFIELD ,
DOES ORDAIN:
1.01 Definitiop of Terms.
1. As used an .this ordinance
the term "Person" includes a
natural Peron, .eo-partnership,;
corporation ,and .association of
persons and;:the,~gent or man-
ager of any bf fhe aforesaid.
.L. The term"intoxicating liq-
uor" sha1L' mean and include
ethYl,.alcohol 2R~1 include dis-
tilled, fermented, sppiritous, vin-
ous, :arid ynalt";.betTer`s.ges con-
taining in excess of 3:2% of al_
cohol• kiY weight, ,
3. The terms $'aale" and "sell"
mean and include all barters
az;d'~all' m tisi'~ss or .;means of
furrrishinsmt-ups ibr intoxi-
cating liquor or liquors as
above described and also include
the 'usual meaning of such
terms.
4. The. term "set-up"~ means
the sale of- beverage in or by
the ~'las§: O1~. tk;e salg of ice in
or bX $kie; gT~.Ss for .the purpose
of sj)i}t}ng' APT serving mixed
dxyii`l~o,°`• conci ijunded from pa-
trdl~s bott and.:`feir. con-
curt}'rltibn on.. ..premises:..
means any ~ ' - ishment, under
the ~or~trol .aixigle proprie-
toi;' r ; managb , haying appro-.
prl~~e 'facilities to serve meals,
foY;'` mating not ld'ss than 60
gu'.~st one time; .and where
xn`• C,o ideration.•. of"; Payment
therefor, meaa1ls are. regu}@.rl,y.
servad4'at tabI'es o,.tt~~ee generr~~,,1
public,;; and whic~ ex~iploys'<~6;g
ad@ciuate staff for the usua}~
suitable service to its gu s'~~
anS3:;Ftkie principal- part of '~t4ie
business of which is the se~rv-
inz'~"of•3oods.'' y "
6,' Tlie term "principal part
of . txie . •.}Y,iisiness" .shall mean at
7.~.A~. ~churnh ~:,~s=,iiaed'i.n this
ordirlai'te:@ is 'a ~`huilding whitlh
is prxr},cipally' A ,ed'.~as a place'
where persons 'the same faith
regularly ass~e"for the pu&:
lit worship oP d•`
1.02 . LteCnae' Llegnired.
1..Ne parson tjJl directly or:
indirectly deal n ~,~sell,' or keep
fo~;sale any beverage for set'
ups' - q!ithout first ~ having re-
ceived a license to do so a9 pro-
vided in thin dt•d~i~ance. ?
2. "Set up'•;;licenses shall Ike
issued o}aly to .restaurants
'which have liven n'- operation
for at least Pive y+EAars. ,
1.03 .Applications 'fAr License to
hP VPrifiPd_ F.vP_xIS6..aUDlleatlOIx
T1'IF RIOH~D NEWi3 THURSDAY, J
•; _- -,
~ .},.,
TICS -
AL O
trad^, etc., and proof o` the
source of such money.
9. The names and addresses!
of:. all persons, other than the
applicant; who have any finan-
piad interest in the business,,
buildings, premises, fixtures,
furniture, stock in trade; the
nature oP such interest, amount
thereof, .terms for payment or
other reimbursement: This shall
include, but iiot be limited to,'
any lessees, lessors, mortga-;
~-ees, `mortgagors; lendors, lien'
holders, trustees, trustors and
persons •4vhP; have co-signed'
notes or otherwise loaned,
pledged, or extended security
for any indebtedness of the ap-
plicant.
lU. The names, residences and
business- addresses o~f three per-
sons, residents of Hennepin
County, of ood moral charac-
ter, not Y'ela~ed to the applicant
or finanofal~y interested in the
.premises wor,buskness, Who may
be referred to as to the appli-
oant's character or, in the case
where information is required
of a manager, the manager's
character.
11.. VK.hether or not all real
estate ahd personal property'
taxes for the premises to be lic_
ensed have been paid, and if not
paid, the ..years for which de-
linquent. '
12. 'When ever the 'application
fora "set-up'' license, or for a
tx•ansfer thereof, is for premises
either planned or under .con-
struction or undergoing sub-
stantial alteration, the applica-
tion'shall be accompanied by a
sec `Qf 'Iireliminary plans show-
in ,.the design oP the proposed
pr is y to • be .licensed. If the
p1~6 ~1`'. design are on file with
.the city e.nvineer: no plans need
>be Piled w~th the city clerk.
13. Such :other information as
-;the city cauncll shall requix•e.
n,
h05 lI•enewtii Anrlications. Ap-
pplica ions for the renecyal of
g~'ri exfstin,b license shall. be
made at least 60 days prior to
the dale of the expiration of the
'~licens,e and .shall 'be made in.
-such, •-$bbreviated form as the
city. council may approve, If, in
the judgment of the council,
sfrown liy anyfapplicant for his
lhailure to file Yor a renewal
tit~Ttllil the time provided, .the
council may, if the other provi-
;~.ions of this ordinance are. com-
p}ied with,. grant the apPlica-
5. Who is a manufacturer or
wholesaler of intoxicating liq-
uor.
6. Who is directly or indirect-
ly interested in any other es-
tablishment irr the City of Rich-
field to which a license of the
.same class has beep issued un-
der this ordinance.
7. Who, if a corporation, does
not have a manager who is eli-
zible pursuant to the provisions
of this section.
8. Who is the spouse of a
person ineligible for a license
pursuant to the provisions of
Subdivision 4, 5 or 6 oP this sec-
tion or who, in the judgment
of the city council, is not the
real party in interest or bene-
ficial owner of the business
operated, or to be operated,
under the license.
9. A license may not be grant-
ed or renewed if, in the case
of an individual, the licensee
has not been a resident of the
city for a,t leas,t one year at the
time; if,' in the case of a part-
nership, the managing partner
has not been a resident of the
city Por at least one Year at the
time; or, in the case of a cor-
poration, if the manager has
not been a resident of the city
Por at least one year at the
time:
1.10 Places Ineligible for Lic-
ense.
1. No license shall be granted
or renewed, for operation on
any premises, on which taxes,
assessments or other financial
claims of the city are. delin-
quent and unpaid. No license
shall be granted for a foreign,
corporation.
2. No license shall be granted
for premises located within 600
feet of a elementary or second-
ary school or of any church. The
distahce is to measured in a
straight line from the parcel
or gat upon which the business
to be licensed is located to the
nearest point of the parcel or
lot upon which the church or
J3chool is • located. The erection
oP an elementary or secondary
school or church within the pro_
hibited area after an original
..application. has .been granted
shall not,. in and of itself, ren-
der such premises ineligible for
renewal of the license.
3. No license shall be issued
for tike premises owned by a
.person to whom a license may
not be granted under this ord-
inance, except an owner who is
a non-resident of the city, a
minor, alien, or a person who
i has been .convicted of a crime
other than a violation of Minne-
sota Statutes, Sections 340:07
through 340.40.
4. No "set-up" license shall be
granted for a restaurant that
does. not have a separate dining
area, devoted exclusively for
serving set-ups .and food, with
a total minimum floor area of
1,500- square feet. This separate
dining area shall not be more
than 50 percent of the total
diningg area,.
5. No "set-up" license shall be
granted for a restaurant with.
a total` market value of less
than $100;000.00 of land, build-
ing, and equipment as appraised
by the city assessor.
6. No "set-up" license shall
be granted restaurants with a
separate dining room located
other than on the ground floor.
7. No "set-up" license shall
be granted restaurants not
properly located in a general
business area.
$. No "set-up" license shall
be granted restaurants employ_
ing less than 20 people on a
regular basis.
1.11 Conditions of License.
1. Every license shall be
granted subject to the provi-
lions of this ordinance and of
any other applicable ordinance
or law.
2. The license shall be posted
in a conspicuous place in the
lit need premises at all times:
~. Every licensee shall be re-
sponsible 8or thel conduct of hi3
mare of busineag and the con-
-Ate."lie earliest practicable
tams'`after application is made
~'qr Pdnewal of a 'set-uP" lic-
~~,i~tat~ ". in any event prior to
the a>~,e that the application is
~ v@Ii by the council, the
~p•~Il~~ 'shall Pile with the
t y r a statement made by
..~;gertified public accountant
t ~showa the total gross sales
thew-total food sales of the
r ,,, aui`ant for the twelve-month
p 4od immediately .preceding
t~ 'date for Pi14ng renewal ap-
plicatlons. A' foreign corpora-
tion stall file acurrent-Certifi-
cate o Authority:
1~w1,96. Execution of Application,
1't ~1}y-applicationis`by a natur-
eili•p rson, it shall be signed and
~y6rn to by such person; if by
.' corporatioh, by an officer
thereof; it by a partnership, by
OA'e oY .the partners; if by an
iininrotporated association, by
f,1re manager or managing offi-
c~r the"reof. If the. applicant i.
a 'partnership,. ,any license is•
sued shall. be in the names of
'a13"the 'partners.
1'.07 Ltcemse Fees. `
1. The annual. license fee foi
a "set-up" license shall be tilt
maximum provided by statt
law,
2. The annual license f•ee shag
be paid before the application i.
accepted. Upon rejection of ah~
application for a license, thi
license fee. shall be .refunded ti
the applicant except where re
jecfiofr is for' a willful misstate
ment in the license application
3. At the time of eacki~ Drip
for a license to sell intoxicating
liquor shall be verified and tiled
with the city oler$.
1.04 ' CoSntents oi~~- Apltliy~t'~A.
The ;~.pglication sha1,~, stat@ -`
F. Whither the aJfi~'licant is .a
natural„ person, cgrpgratiop,
partnerah~p~.~pmother for~nt of or-
gani2atioriT" , - .,
~1. If the applicant is a na-
tural person, the follow.kng in-
formation:
A. 1`rue narri;e, place 9,nd date
of birth, and street residence
address of applicant.
By:; Whether ~ipplicant - :lras
ever'' used or been known ,hilt a
name oYdier than his true z'iame
and, if sCl, what was such paYne,
or names;' and. information con-
ue~rn„ing dates and pj4,aoes'where
C T'he name of trie°business
if i s,,,to b.P,~.CggduS.#,~d under a
de atiori; name or style oth-
er 4 an„ the.,~jtill indf,+~idual name
of the applicant ` ''
D. Whether applicant is mar-
ried or single. If `married, true
name, place and date of birth
and street residence address of
applicant's present spouse.
E. Whether applicant and
present spouse ax•e registered
voters and, if so, where.
F. Street addresses-at which
1 applic~t and .present spouse
have 1' ed during the preceding
applicant and present spouse
have been engaged i;i during
the preceding teln years.
H. Whether applicant or his
sPOUSe has ever been convicted
of any felony, crime or viola-
tion of any ordinance, other
than traffic. If so, the applicant
shall furnish information as to
the time, place and offense for
which. convictions v~ere had.
I. Whether applicant, or his
spouse has ever been engaged
as an employee or in operating
a saloon, hotel, restaurant, cafe,
tavern or other business of a
similar nature. If so, applican~
shall furnish information as to.
the time, place and ..length of
time.
J. Whether applicant has ever
been in military service. If so,
,r~.icant shall, upon request,
< .bit all discharges.
The name, address and
ness address oP each person
is engaged in Minnesota in
business of selling, manu-
.u•ing or distributing intox-
.-..ng liquor and who is near-
er of kin to the applicant or
his spouse than second cousin,
whether of the whole or half
blood, or who is a brother-in-
lacv or sister-in-law' of the ap-
plicant or his spouse.
3. If the applicant is a part-
nership; the names and ad-
dresses of ...1 partners and all
infol•iration concerning each
partner as is required of a sin_
gle applicant in Subsection 2
above. A managing partner, or
pax•tners, shall be designated.
The interest of each partner in
the business shall be disclosed.
A true copy of the partnership
agreement shall be submitted
with the application.
4. If the applicant is a cor-
poration or other organization
and is applying for a "set-up"
license, the following:
A. Name, 'and if incorporated,
the state of incorporation.
B. A true copy of 'C'ertificate
of Incorporation, Articles of
Incorporation .or Association
Agreement and , By-Laws.
C. 1 he name of the manager
or proprietor or other agent in
charge of the premises to be
licensed, giving all the infor=
sing~lg~naLUTa1 person, Lne in-
vestigating fee shall be $75.00.
For a partnership, the investi-
gating fee shall be $150.00. For
a corporation or other associa-
tion, the. investigating- Yee shall
be $300.00. No investigating fee
shall be refunded.
4. No part of the fee paid for
any license shall be refunded
except kn accordance wi h this
section or with city council ac-
tion.
5. At any time that an addi-
tional investigation is required
because of a cha.ng•e in the own-
ers$ip or control,of a corpora-
tion or because of an enlarge-
ment, alteration, or extension
of premises previously licensed,
the licensee shall pay'an addi-
tional investigating fe•e yin the
amount of $50.00.
1.08 Granting of • Licenses..
1. All applications for a lic-
ense shall be referred to the
chief of :police;. and to such oth.
er city departments as the city
manager shall deem necessary,
for verification and investiga-
tion of the facts. set forth in the
application. The chief. of police
shall cause to be-made such in-
vestigation of ,the information
.requested in Section 1.04, Cub-
division 4, as shall be necessary
and shall make ~a written. rec-
ommendation and report to the
city council, which shall include
a list of all violations oP federa:
j or'state law or municipal ord-
inance.
Upon receipt of the written
report and recommendation by
the chief of police and within
twenty days thereafter; the cit3
council shall instruct- the cit3
clerk to-cause to be publishes
in the official newspaper tex
days in advance; a notice of <
hearing •to be held by the tit`
council, .setting forth the day
time :and place when the hear
ing will be held, the name o:
the applicant, the ~ ..premise,
where the business is to b~
conducted, and such-other in
formation as tha council ma;
direct. At :tht hearing, oppor
tunny .shall be given to an!
person to be heard for o.
against the granting oP the
the premises.
4. No "set-up" licensee shall
sell intoxicating liquor "off-
sale" or "on-sale".
5. No license shall be effective
beyond the building space
showxx in the license application
for such license.
6. No p'~erson under 21 years of
age shall be employed in a room
where "set-up" sales are made
and no such .person shall Abe al-
lowed to be or remain in suck
room unless accompanied by hi:
parent or guardian,
7. No licensee or any of hi:
employees shall keep, possess
or operate or permit the keep.'
ing, possession,. or operation of
any slot machine, dice, or anS
gambling device or apparatus
on the licensed premises, or ix
any room adjoining the license
premises, nor shall any suck
person .permit any gamblin€
therein.
8. No licensee or any of hi;
employees shall knowingly per
mit the licensed premises or and
room in those premises or an:
adjoining building directly o:
indirectly under his control ti
be used as a resort for prosti
tutee.
9: Any police officer, healt]
office, building inspector, o
any properly designated office
or employee of the tits
shall have the unqualified nigh
to enter, inspect, and search •th
premises of the licensee during
business hours without a war
rant. -
l0. No licensee shall sell, offs
for sale, or keep for sale, intox
icati;ng liquors.
11: Where set-ups are servec
the licensee must have a bar
tender on duty tq niix drink
from any patron's bottle of in
toxicating liquor: ,The; patio.
must deliver .such liquor to tli
bartender on entering th•e res
Laui•ant and talcs such bottl
with him when: h.e leaves. Suc
bottle shall be identified b
owner's name plainl,~ tivritte
oh the bottle. No s€t-up sha
be carried from the room whey
tt is. served:
12. No licensee shall apply fc
or possess a federal wholesal
or retail liquor dealers specia
:sting liquor "on-sale" ~o~
ibib°d by state law.
.13 Restrictions Involvin
ors.
1. No licensee, his age.
mployee shall serve or
ense upon the licensed p
s:s any intoxicating liquo
on-intoxicating malt liquoi
n3' Person under the age olg duly
ears; nor shall such liven Stated
i• his agent or employee, p
nit any person under the ~S The
f 21 years to be furnished~nafter
onsume any such liquors herein
he licensed premises.
2. No person under 21 yea.
~f age shall misrepresent h;
age for the purpose of obtainC @ _
ng intoxicating liquor or non C1=
ntoxicating malt liquor nox
shall he enter any Premises Iic-
;nsed for the retail sale of in-
oxicating liquor or non-intox-
cating malt liquor for the pur_ ~--°°
lose , of purchasing or having~Ch-
;erved or delivered to him for, O;f
;onsuming any such intoxicat-lied
ng liquor or beer nor shall any
such person purchase, attemptPll-
:o purchase, consume, or have,~ed
x,nother person purchase forleet
aim any intoxicating liquor or
seer. COl-
3. No person shall induce a eek
person under the age of 21,
years to purchase or procure or'm-
abtain intoxicating liquor or ng
non-intoxicating malt liquor. S_
4. Any person who may ap-'iris
pear to the licensee, his em-
ployees or agents to be under ing
the age of `L1 years shall. upon 1tS
demand of the licensee, his em_
ployee or agent, produce and [n-
permit to be examined an iden- lot
tification certificate issued by ely
any Clerk of the District Court
in the State of Minnesota pur- lr-
suant to Sections 626.311' at
through 62fi.319, 'Minnesota Sta- iy_
Lutes. St_
6. In every prosecution fora Cl-
violation oP the provisions of
this ordinance relating to the Elie
sale of furnishing of intoxicat- ?p-
ing liquor or non-intoxicating O~
malt beverage to Persons under
the age of 21 years, and in every 1t,S
proceeding before the city
council with respect thereto, the
fact that the minor involved has . 1
obtained sand presented to the 1C ,
licensee, his employee or agent, ~ d,•
a verified identification card
leaned by the Clerk of any Dis.
trket Court in the State of Min-
nesota, from which it appears
that said 'person was 21 Years --
of age and was regularly issued r2S
such .identification card, shall
be prima facie evidence that the ~
licensee, his agent or employee
is not guilty of a violation of
such a provision and shall be ed
conclusive that a violation, if
one kiss occurred, was not will- '
fug or intentional. -•
1.14 Other ltestrletions on Pur- ~L,
chase or Consumption.
1. No person shall give, sell,
,procure or purchase a set-up ~
for any person to whom the sale
of intoxicating. liquor is forbid- Z,
den by law.
2. No person shall mix or Pre- ~d
pare set-ups for consumption, or li`i.
consume set-ups, in any public
place not licensed in accordance
with the ordinances of the City
of Richfield and the Ctate of
Minnesota.
1.15 Revocation.
1. The city council m,ay sus-
pend or revoke a license for F~
set-ups for the violation of any
provision or condition of this ,•
ordinance or of anystate law or
federal law regulating intoxi-
cating liquor or set-ups, and
shall revoke such license for
any willful violation which, un_
der the laws of the state is
grounds for mandatory revoca-
tion.
Except in the case of a sus-
pension pending a hearing on
revocation, revocation or sus-
pension by the council shall be
preceded by written notice to
the licensee and a public hear-
ing. The notice shall give at
least eight days' notice of the
time and place of the hearing
and shall state the nature of the
charges against the licensee.
The council y, y,,Vitk}Q.t any
notice, su
bi~ending' #i• hearing.'
Yion for a period not exceeding
30 days. The notice may be
served upon the licensee per-
sonally or by leaving the same
at the licensed Premises with
the person in charge thereof. No
suspension shall exceed 60 days.
1.16 Licensing of Employees.
1. No person shall work as a
manager, bartender, cocktail
waitress or in any capaciCy
where such person sells or ser-
ves set-ups in premises licensed
under this ordinance, and no
licensee shall .permit any such
person to be so employed, unless
such person, within seven days
after being first employed, shall
apply for a license to engage in
such business. No person may
be so employed for any length
of time if his license is denied
or revoked.
2. An application for such lit-
ense shall be filed with the city
clerk upon forms provided by
the city and such application.
shall be verified under oath
and shall contain the following
information:
A. The names and addresses
of .two residents oP Hennepin
County, Minnesota, who have
known the applicant fora per-
~ iod of two years and who will
vouch for the sobriety, honesty,
. and general good character of
,. the applicant.
B. A concise history of the
applicant's previous employ-
; ment.
C. The record, if any, of ar-
! rests and oP convictions for'
- crimes. and misdemeanors other
than traffic offenses.
3. The annual .set-up license
fee for any such person shall be
' $5.00' and shall be paid in ad,-'
a vance. A license shall 'expire on
June 30th next following its ef-
i festive date,
4. The application shall be
' refereed to the police depart-
- ment which shall investigate I
the facts set forth in ,the appli-
x cation and make a written re-
'' port thereon at the earliest
i practicable time. If the police
1 dep~artmeht recommends that
such person be licensed, the city
r clerk shall issue the license
e forthwith. If the Police depart-
] merit makes a recommendation
that the license not be issued,
~iQ4
~~,._
applica~nty and present ~ spouse
h$ve 1`lyved during the I~rebeding~
ta93, Ye rs.
~3 ~ C7 ~x}d to1lrral;i_gn of
e V od^ b gC'ti'pa11o71~
a plicant and present spouse
have .been engaged i~x during
the nreceding tQn years.
H. Whether applicant or his
spouse has ever been convicted
of any Felony, crime or viola-
tion of any ordinance, other
than traffic. If so, the applicant
shall furnish information as to
the time, place ana offense for
which. convictions were had.
I. Whether applicant or his
spouse has ever been engaged
as an employee or in opex'ating
a saloon, hotel, restaurant, cafe,
tavern or other business of a
similar nature. If so, applican~
shall furnish information as to
the time, place and ..length bP
time.
J. 4Vhethcr applicant has .ever
been in military service. If so,
;r•.icant shall, upon request,
.bit all discharges.
Tkte name, address and
ness address of each person
is engaged in Minnesota in
business of selling, manu-
u•ing or distributing intox-
._,ng liquor and who is near-
er of loin to the applicant or
his spouse than second cousin,
whether of the whole or half
blood, or who is a brother-in-
lacv or sister-in-law' of the ap-
plicant or his spouse.
3. If the applicant is a part-
nership, the names and ad-
dresses cf ..:i partners and all
int'ox•iratioh concerning each
partner as is required of a sin-
gle applicant in Subsection 2
above. A managing partner, or
partners, shall be designated.
The interest of each partner in
the business shall be disclosed.
A true copy of the partnership
agreement shall be submitted
with the application.
4. If the applicant is a cox•-
poration or other oxlganization
and is aPplying for a '<set-ti'.p"
license, the following:
A. Name, and if incorporated,
the state of incorporation.
B. A true copy of Certificate
of Incorporation, Articles of
Incorporation or Association
Agreement and ~By-Laws.
C. The name of the manager
or proprietor or other agent in
charge of the premises to •be
licensed, giving all the infor=
oration about .said. person as is
required of a single applicant in
Subsection 2 above.
D. A list of all natural per-
sons who, singly or together
with .their spouse, or a parent,
brother, sister or child of either
of them, own or control an in-
terest in said corporation or
association in .excess of 5%, or
who are officers of said corpor_
ation or association,' together
with their addresses and all in-
forxxiation as- is required of a
single applicant in Subsection
2 above.
5. The exact legal ~esbription
of the premises to be licensed
together with a plot plan of the
area showing dimensions, lo-
cation of Buildings, street ac-
cess, parking facilities and the
locations of and distances to
dhe nearest churl,. building and
school grounds.
6. The floor number and
street number where the sale
of set-ups is to be conducted
and the rooms where liquor is to
be consumed. An applicant for a
"set-up" license shall submit a
floorplan of the dining room, or
dining roams,. which shall be
open to the public, shall show
dim-ensions and shall indicate
the number'oP persons intended
to be served in each ,of said
rooms.
7. if a permit from the feder-
al government is x•equired bar
the laws of the United :States,
whether or not such permit has
been issued, and''if,so required,
in what name issued and the na-
ture of the permit.
8. The amount of the invest=
ent that the applicant haS in
e business, btilding, premises,
-tures> furniEure, Mock is
jectiofi is fbr s._ willful misstate-
ment in the license application.
3. At the time of sac orig-
inal a pl4catlpxi for a tense,
t3rt!w~agpllca~•;s...~4}a~ll~ ~a146' ;~iit
full an investigaling• Pee.; For a
single natural person, the in-
vestigating fee shall. be $75.00.
For a partnership, the investi-
gating Pee shall be $150.00. I'or
a corporation or othet• associa-
tion, the. investigating fee shall
be $300.00. No investigating fee
shall be refinded.
4. No part of the fee paid for
any license shalt be refunded
except in accordance with this
.section or 'with city council ac-
tioh.
5. At any time that an- addi-
tional investigation is required
because of a change in the own-
ership or control of a corpora-
tion or because of an enlarge-
ment, alteration, or extension
of premises previously licensed,
the licensee shall pay an addi-
tional investigating Pee yin the
amount of $50.00.
1.08 Granting oP Llepnsee..
1. All applications for $ lic-
ense shall be referred to the'
chief of police; and to such oth_
er city departments as the city
manager shall deem necessary,
for verification and investiga-
tion oP the Pacts set forth in the
application. The chief. of police
shall cause to be made such in-
vestigation of the information
.requested in Section 1.04, cub-
division 4, as shall be necessary
and shall make ~a written. ree-
ommendatioh and report to the
city council, .which shall include'
a list of all violations of federal
or'state law or municipal ord-
inance.
Upon receipt of the written
report and .recommendation by
the chief oP police and within
twenty days thereafter; the city
council shall. instruct the city
clerk to-cause to be published
in the ~officiaL newspaper ten
days in advance, a notice of a
hearing .tb be held by the city
council, setting forth the day,
Lime and place when the hear-
ing• will be. held, the name oP
the applicant, the • premises
where the business is to be
conducted, ahd such other in-
forma,tion as the. council may
direct. At the hearing, oppor-
tunity :shall be .given to any
persoh to be heard for or
against the granting of the
license.
2. Each license shall be issued
to ,the a:pPlicant only. Each lic_
eras shall be issued .only for
the ..premises described in the
application.. No license may :be
transferred to another .person
or to another pleas-without the'
approval bf.the city coUnbil and.
without a new application hav-':
ink been filed:
3. The city clerk shall, within
ten'days"'after the-'issuance of
any license.' under 'this ordin-
ance; submit to the Liquor Con-
trol Commissioner the full name
and address of each ;person
granted a' license, the trade
name, the ,eff@ctiue license date,
and the .date oI expiration oP
the Iicense. ' He shall also .sub-
mit to the Liquor' Control ~Com-
missioner any .change .oE ad-
dress, transfer, cancellatign, or
revocation of any license by the
council .during the 'license per-
iod.
1:09 'Persons. Ineligible for Lic-
ense. . No license shall' be
granted to or, held by any per-
son:
1, Under 21 years of age.
2. Who is ~ not. bf good moral
character and repute.
3. Who,'if an individual, is an
alien.
4. Who is or has been .convict:
ed of any willful violation of
any law of the Uhited. States,
•the State of Minnesota, or any
other state or territory, or of
any local ordinance regarding
the manufacture,. sale, distri-
bution or possession for sale or
distribution of intoxicating liq_
uor, or whose liquor license has
been revoked fAi' any willful
viol~.tion of any ,law or mrdin~
ante.
lit nsed premises at ail times.
Every licensee shall be re-
sponsible -for the' conduct of hi9~
pl&eQ of busmesp and the cony
dit ors of sobr'iefy and order ltd
the place oP business and otx
the premises.
4. No "set-up" licensee shall
sell. intoxicating liquor "oPf-
sale" or "on-sale".
5. No Iicense sha1I be effective
beyond the building space
shown in the license application
for such license.
6. No person under 21 years of
age shall be employed in a room
where "set-up" sales are made
and no such .person shall •be al-
lowed to be or remain in such
room unless accompanied by his
parent or guardian.
Z No licensee or any of his
employees shall keep, possess,
or operate or permit the keep-
ing, possession,. or operation of
shy slot machine, dice, or any
gambling device or apparatus
on the licensed premises, or in
any room adjoining the licensed
premises, nor shall zany such
person .permit .any gambling
therein.
8. No licensee or any oP his
employees shall knowingly per-
mit the licensed premises or any
room in those premises or any
adjoining building directly or
ihdirectly under his control to
be-used as a resort for prosti-
tutes.
9. Any police officer, health
office, building inspector, or
any properly designated officer
or employee of the city
shall have the unqualified right
toenter, inspect, and search •the
premises of the licensee during
business hours without a war-
rant.
l0. No licensee shall sell, offer
for sale, or keep for sale, intox_
icatng liquors,
11: Where set-ups are served,
the licensee must have a bar-
tender on duty tq; mix drinks
from any pa2rQn's bottle of in-
toxicating liquor: ,The patron
must deliver such liquor to tlae
bartender on entering. the res-
taurant and take such bottle
with him when h.e leaves. Such
bottle shall ;be identified by
owner's name plain vdritfen
on the bottle. No sdt-up shall
be carried from the room where
tt is served:
12. No licensee shall apply for
or pgssess a federal wholesale
or retail liquor dealers special
tax stamp or a federal gambl-
ing stamp.
13. No licensee shall keep
ethyl alcohol or. neutral spirits
on any licensed premises or per-
mit their use on she premises
as a beverage or mixed, with a.
beverage.
14. Changes in the corporate
or association-officers, corpor-
ate charter, articles of incor-
poration, by-laws or partner-
ship agreement, as the case
may be,- shall he subm$j;ted tq
the city clerk •witl}in 30 days
after such changes are made.
In'the case of a corporation, the
licensee shall ngtify the city
clerk when a person not listed
in the application p,cquires an
interest cvhieh, together with
that of his spouse, parent,
brother; :sister o; child, exceeds
5%, and shall give all informa-
tion about said person as is re-
quired ,of a person pursuant to
the provisions, of Section 1.04,
Subdivision. 3, of this code.
15: At the time a licensee sub-
mits his application for renewal
of a license, he shall state the
nature or amount of any con-
tributioh he has made fqr cam-
paign or political purposes, the
person. to whgm the contribu-
tion was made. and the person
or organization fo,r .whom in-
tended.
16. A restaurant shall be con-
ducted in such a manner that
the principal part of the bus-
mess for a, license year is the
serving of:fogds.
17: The; restaurant shall dis-
play asign c'alling_att;e,ntion to
the'open bottle law.
1.I2 Fours. of Operation. No sale
tlf set-u,PS shall be made:duri~g
times when the • sale b# nto•$.
time ana place or ire nearins
and shall state the nature of the
charges against the licensee.
The council tn,~y,~,wtth~ol3t 1&nY
notice, suspenck•• amy--~ ti rise
pending a hearing on red'oca-
tion for a period no,t exceeding
30 days. The notice may be
served upon the licensee per-
sonally or by leaving the same
at the licensed premises with
the person in charge thereof. IVo
suspension shall exceed 60 days.
1.16 Licensing of Employees.
1. No person shall work as a
managex•, bartender, cocktail
waitress or in any capacity
where such person sells or ser-
ves set-ups in premises licensed
undex• this ordinance, and no
licensee shall .permit any such
person to be so employed, unless
such person, within seven days
after being first employed, shall
apply for a license to engage in
such business. No person may
be so employed for any length
oP time if his license is denied
or revoked.
2. An application for such lic-
ense shall be filed with the city
clerk upon forms provided by
the city and such application.
shall be verified under oath
and shall contain the following
information:
A. The names and addresseA
oP two residents of Hennepin
County, Minnesota, who have
known the applicant fora per-
iod oP two years and who will
vouch Por the. sobriety, hohes•ty,
and general good character of
the applicant.
B. A concise history of the
applicant's previous employ-
ment.
C. The record, if any, oP ar,
rests and of convictions for
crimes. and misdemeanors other
than traffic offenses.
3. The annual .set-up license
fee for any such person shall be
$5.00' and shall be paid in ad-
vents. A license shall expire on
June 30th next follbwing its eP-
fective date,
4. The 'application shall be
referred to the police depart-
ment which shall investigate
the facts set forth in ,the appli-
cation and make a written re-
port thereon at the earliest
practicable time. If :the police
department recommends that
such tierson be licensed, the city
clerk shall issue the license
fgrthwith. If the police depart-
mexit makes a recommendation
that the license not be issued,
the applicant, upon request,
shall be entitled to a hearing
before the city council and may
offer evidence to grove the lic-
ense should be issued.
5. No person shall be issued a
license if it appears that he has
committed an act which is a
willful violation of Minnesota
Statutes 340.07 through 340.40.
6. Any license issued hereun-
der may be revoked for any
violation of this ordinance or of
M i n n e s o t a Statutes 340.07
through 340.40 or fqr 'conviction
oP any crime or .misdemeanor
involving moral turpitude.
1.17 License Year: A restaurant
sat-up license expires on Juhe
30th next following its effec-
tive date.
1.18 Enlargement, Alterations
or Extension of Premises.
Proposed- enlargement, altera-
tion qr extension of premises
previously licensed shall be re-
ported to the city. clerk gat or
before the time application is
made for a building ;permit for
any such change and the lib-
ensee shall also give such in-
formation as is requ•ied •by Sec_
tion 1.04, Subdivisions. 5, 6; 8
and 9 of .this ordinance.
1,19 Penalty. Any person violat-
ing any provision oP this ordin-
ance shall be_ guilty of a mis-
demeanor sand upon conviction.
shall be punished by a fine of
no,t more Phan O!ne 'Hundred
Dollars ($100:00) or imprison-
tnent for not more than 90 days.
Passed by the Council this
11th day of January, 1965.
Stanley W. Olson, .Mayor
A~~'tEST::
Edward J. DSmline, Clerk
. ::`f3an: i4; 1865)