1952-05y
5. IIeer
ORDINA~?CE N0. 3.172
AN (1RDIl`11~1TCE PROVIDING FOR 'PrIE LICE~i1SI[1T G AlV D R1~GUJ~TII~T G THE SALE OF
~~ U 1 l4S V14 ~ -
oThe Village Council of the Village of Richfield, Minnesota do ordain as
follows:
Section 1. "Non-~ntoxi.cating malt .liquor" within the. meaning of this
ordinancers awe ~emore o~alancohol by volume and not~morehthanc3. per cent o~
of one pe.. centum .
alcohol by weight.
' A. "bonafide club" is an organization for social or business purposes or
for intellectual improvement, or,for the promotion of sports, where the serving
of non-intoxicating malt liquor is inci dental to, and not the major purpose of the
club,. and shall mean an established incorporated club authori zed to do business in
the State of i`Li.nnesota for more than one ~*ear prior to the granting of the license,
and which for said period shall have maintained and operated a cafe, dining room,
or place for serving food or meals for its membership.
The word "person" whenever used in this ordinance shall mean any person,
firm, corporation, partnership or other uni_ncorpora--,ed association.
Section 2. No person shall sell any non-intoxicating malt liquor in the
Village o ichfield without first having obtained a license to. do so from the
Village Counci.l~ provided that this section shall not prohibit the owing or serving
of non=intoxicating malt liquor to guests in a private home; provided further that
the Village Council may issue permits allowing non-profit social organizations lodges,
labor organizations, churches and corporations not included within the definition. o:~
the term "bonafide club" to serve without a license non-intoxicating malt liquor.
free of charge to members anc guests, for a period of not to exceed twelve (l2) hours,
and not oftener than three times within each calendar year. Each such. organization,
upon. making application for a permit, shall state the name, the purpose for which
it is' organized, the addressof the place where the service off' such non-intoxicating
malt liquor is desired, the date for which the permit is sought, and such other 3n-
formati.on as the Village~Council may require.
Secti-on. 3. Licenses granted wider this ordinance shall be of four-kinds:
(a) Retail "on"sale" licenses shall permit the licensee to sell such non-
intoxicat~ng malt liquors for consumption on the licensed premises. "On-Sale"
licenses shall. be granted only to restaurants, hotels, bonafide clubs and estab-
lishments for the sale of non-intoxicating malt beverages at, retail; provided that
no manufacturer or wholesaler of such non-intoxicating malt liquors shall have any
ownership, in whole or~ in part, in the business of any licensee holding an "On-Sa7-e"
license.
(b) Retail "Off-Sale" licenses shall permit the licensee to sell non-
; intoxicating malt liquors in original packages for consvmpti_on off the premises
only.
~.~ (c) "Wholesale" licenses shall permit the licensee to sell non-intoxicating
malt beverages to holders of an on-sale or off-sale retail license.
~~ ~-Beer -2-
(d)"Tavern" licenses shall permit a person having an "on-sale" license to sell
such malt liquor in a duly licensed restauran t, hotel or .club t•~here dancing is permitted
under license from the Village Council, in the d_ning room thereof, and as an incident
thereto, If ordered by the Village Manager, the person operating under a "Tavern" li-
cense shall employ a peace officer to be on duty at a licensee's place of business from
9:00 • o' clock P~N_-. to closing time. No "Tavern" license shall be issued to any person
who does not have on "on-sale" license, a dancing lip°ense, and a food license.
Unless operating under a tavern license, no such malt liquor shall be sold
in any place open to public patronage in whi ch dancing, t~aherein the public may par'ti.-
cipate~~ is carried on, and unlessoperating under a ~'Taver~a" license, no dancing shall
be permitted in any place wherein malt liquor is sold, served or consumed.
Section ~.. No person shall permit any minor to loiter in the room where non-
,intoxi catin~t liquor .is being sold or served, unless accompanied by his parent or
legal guardian, and no person shall sell non-intoxi catsa.g malt liquor to any person
under 21 years of age, nor x"urnish or permit any person under the age of 21 years
to be furnished with any non-intoxicating malt liquor on licensed premises, and no
licensee or his agent or employee shall suffer or permit any person under 21 years of
age to sell or serve any such non-intoxicating malt liquor.
It shall be unlawful for any minor to enter any premises licensed for the
sale of non-intoxi cat~ng malt liquor for the purpose of purchasing or hiving served
or =elivered to such minor any such non-intAxicat_~~g malt 1?.quor upon the licensed
premises, or for such minor to purchase, attempt to purchse, or have another for such
minor any such non-intoxicating malt liquor.
No person shall misrepresent or mis-state his or her age,. or the age of
any other person, for the purpose of inducing any licensee or employee of s~~ch
licensee to sell, serve or deliver any~non-intoxicating malt liquor to a minor.
It shall be unlawful for any minor under the age of 17 years to enter or
remain on premises Lcensed as a tavern at any time, unless accompan3.ed by his or her
parent or guardian,. or for any licensee or agent or employee of any licensee to per-
mit such person to enter or remain on premises so licensed.
Sect-on ~. -The Village Council may grant or deny any applicati on for license
or renewa~ ereof, under this ordnance. Upon conviction fora ?~rilful vio-
lation of this ordinance or the laws of the State of l~linnesota relative to the sale
of intoxicating ligl?ors or non-intoxicating rnal_-t liquors, the Village I~lanager
may immediately susoend the license of any licensee hereunder. Upon being notified
of st?ch suspension or upon revocation of license as provided under this ordinance, th.e
licensee, his agents and employees shall immediately cease the sale o-" .such non-
intoxicating malt~liqu~r and shall not resume such sa?e until such suspension may have
been lifted or license reinstated. Whenever the Village Manager shall suspend the li-
cense of any licensee hereunder, such suspension shall_be effective until the next
regu1_ar meeting of~ the Village Council, at which time the Village F~lanager shall make
a t~rrittrn report to the Village Council stating the _cacts relative to the conviction
the suspension, and such other facts t~ thin his knowledbe, relative to the suspension
as the Couv-_cil ma;T regi.~ire. `The licensee shall have an op_~ortuni-ty to ber Ypard at
such mee ti n ~. The Vi 1 J~. ;e Counci 1 shall thereupon vote to e,_ the r (a)c~n.t~u~ the sus-
pensio?~ for a period specified, or (b) revoke the license, or (c) lift the suspension
of the license. Failure of the Village Council to act upon such suspensi on at such
meet3.ng s`a71 result in a lifting of the s~?spension of the li tense. Suspension °or re-
vocation of li tense shall be in additior_ ts? the •~p~lties hereinafter ?rovi ded,
The Village Council niay revolve any license for cause. In all cases of
revocation of Ja.censes hereunder, there shall ~e no refunding of ~ license fees.
5. E~ -3-
Sect; on 6. No license shall be nranted to any applicant who already ohms
one 1i_cense of •Fhs k3.nd applied for, and~no license shall be granted to permit the
sale of such malt liquor at more than one locations which sha7.1 ',~e definitely
described by street and number in the l; tense.
Section 7. No license shall be issued to an applicant unless he be the
actual own- er or proprietor of the business at the location where he intends to
_ sell such malt liquor, nor shall a license be issued to an applican-t who has~.:not
been either an actual i esident of the Village of Richfield for more than one
year prior to making applicati en for such license, or the owner o_° a business
qualifying for a li cen.se hereunder dttrinr one full fear immediately preceding
the makin o" the a plicati on _f-~r su h license r the Um r in, ee of the 1} Q erty
pop whi ~ e irr ds to sell su h mat liquor fin. an ac~ua~ res~ dent of the ~z~-
~age of ~ic iel ~o mo a than j~0 days ediatel rior tp making application.
Section ~t s~iall be urnlaw~ul~or •the a~p~icant or the person making
application. to make an~r false or misleading statement :in an application .for a
license hereunder.
Section 9. The license of any person who shall be fotm.d guilt, by any
court of any violation of any latir or ordinance relati~-~ g to the sale of intoxi-
cating liquor whether the offense be corr~nitted on the premises na~red in his
license or elsewhere and the license of any person who shall have, keep, se111~
manufacture or possess intoxicating liquor •at or upon the lremses named in
his license con+,rary to law shall be revoked by the Village Council upon such
conviction.' Appeal of such conviction resulting in acquittal shall entitle
the licensee to re-instatement, but. pending such appeal, the license shall
be suspended.
Section 10 No sale of non-intoxicating liquor shall be made on any
. Sutn~lay between the hours of 1:00 A.NI. and ].2:00 o'clock noon, no-r between the
hours of 7.;00 A.NI. and 8;00 o~clock P,M., on any election day in the district
in which the election shall be held. No sale shall be made betr~teen the hours
of. 1:00 A.M. and 8:00 A.N1, on any weekday, Monday through Saturday inclusive.
Section 11. Every room, place or premises wherein such non-in toxicating-
malt liquor is permitted to be or is sold shall be closed and kept closed to
the public between the hourso" 1:15 A.M, and 5:00 A,M~ unless the licensee
is engaged in the operation of a bonafide cafe, restaurant or dining room on
the licensed -premises and such caz^e, restaurant _ar ~~~ 'n ~ ,~~~,~ ~ ~ tenon -~
the public all night .fbr the service of food• at least 6 nightseach week. If
the applicant desi res to keep his premises- open to the public on the ground
that he is thus enraged i_n the operation of a bonafi de cafe, restaura~? t or
dining room on the licenses premises and- such cafe, restaurant o-r dining .room
is open t7 the public all ni~~ht fox; the service of food,: ~,e'~sl ~o state in
his application for license. A licensee who hasnot so stated in his appli-
cation whall not keep his premises open to the public beiv,~een the hours of
]..;y5 A.M. and 5:00 A.M~ During the said hou~•s, no person or persons shall
be allowed to be or remain upon or within such room, .place or premises for
any purposes whatever, except that the ownor or licensee, his agentss servants,
or employees may be and remain therein and thereon for the purpose only of
clearing, preparati on of meals, necessar~r repai rs, or other work therein, and
in connection therewith, or as watchman. It shall be unlat~rful for any other
person than the licensee, his agents, servants, emplotiTees or others so engaged
to remain in such room, place or premises during the said hours.
12, 5, beer -1~-
It is the intent of this section to apply to those places only in t~rhich
are sold both food and non-into~~,'_catirg malt liquor, -and it shall not apply to
places in which food atone is served. In the event that the sale of food and non-
intoxicating malt liquor is now or hereaf -fen authorized in any place of business
the proprietAr may pro~~ide a room, or rooms in which no non-intoxicating malt liquor
is served at any dine, and such room or rooms, may remain open for the service
of food at aL hours. Such room, or rt~oins~ .shall however be distinctly. separated
from the part of the building in trhich the non-intnxica-~ng malt liquor is served
and the latter part of such building shall be entirely closed during th,e hours re-
quired by this section.
Section 12. No such malt liquor or into~cat?ng ~li_quor shall be sold;,
served or consumed a t or in any tl2eatae, pi c tu.re shovr o r dance hall or .other
place of public az~usement or entertainment. No such. malt li quor sha71 be sold or
served for consumption, or consumed at, in or upon any public highway, or in any
motAr vehicle upon any public hi ghwa~T or upon any public street, a 1ley, park: or park-
way, or upon priva-F~ property. trithout the consent of the owner thereof. It shall be
unlatrful to transport or convey such malt li goon or intoxi catiog. liquor in any
ver..icle t~ri thin the Uillage of •Richfi eld unless the same shall be contained in the
original package tirith cap or seal unbrraken.
Section 13. Bonafide clu~is as herein defined shall not sell any such non-
intoxicating malt liquor`to any person except a member thereof.
Section 11r. No on-sale license shall be issued to any person who -does not
have a food license. Every place where such malt liquor is served shall be equipped
with proper sinks or other equipment, and provided with running .hot and cold water
for sterilizing and rinsing cups, glasses, mugs, or other utensils in which such
malt liquor is served, a-_d the sink or other equipment. for such sterilizing and rins-
ing shall be conveniently located to the spigots from which such beverages are
drawn. In b ars or fovritains, such sinks or other equipment for such sterilizing a~.
rinsing shall be of the two-compartment type.
Section 1~. The premises named in any license shall at all ta.mes~while
open to the public: be also open to inspection and examination -by any police or
health officer of the village. The written license shall at all times be posted
in a conspicuous place on the premises named therein.
Section 16. Any person desir-in_r~ to sell non-intoxicating malt liquors
' under any 1.i cease or licenses hereinba fore defined shall make t~ritten appli cation
to the Village Council at least 30days before the beginning, of the license peri od,
and shall furnish such information with respect to character, past employment, pre-
vious conviction for crimes or for misdemeanors relating to the sale of intoxi-
catiog or non-intoxicating liquor as the Village Council may require. Upon good
cause shown. the Village Council may waive the 30 day requirement.
Section 17. Licenses sY~all e~pi.re on the 31st day °of December after is-
suance.
Section 18. Licenses shall .be for~the location specified on the license.
No license s_ al be transferred to a different location or to a different person
without the consent of the Village Council.
Section 1~. It shall be the duty of every licensee, his agents and employ-
ees to prevent the consumpti on of intoxiicating liquor on the licensed premises, and
every licensee, or his agent or employee who shall permit intoxicating liquor to be
5. Eeer _5~ ~.:
r
' consumed on licenses premises shall he guilt~~ of a misdemeanor. No person shall
take or carry an,.y intoxi eating liquor to or into any builr~in.g or place or consume
any intoxicating liquor in any building or place operated: •' under a license granted
pursuant to this ordinance.
Section 20. No person-shall have in his uossession for sale any non-
. intoxicating mat liquor without first having obtained a license as required b;T
this ordinance.
Section 21. It.shall be unla~rful for any licensee, his agents, or em-
ployees to mix, or sell for the purpose of mixing, any such malt liquor, or to
suffer o :, hermit upon the premises named in his license any mixing or spiking
of malt liquor, soft drinks, or any other liquid or beverage by adding ,to or
tirith the same any alcohol or other intoxicating liquor.
It shall be unlaVaful for any licensee, his agents, or employees to sell
or serve non-intoxicating liquor to any intoxicated person, or to permit an
intoxicated person to remain upon the premises licensed.
all premises licensed for "On Sale" under this ordinance, a sign
sa~Ting, "No Spiking Allot~ed" or "No Spiking" of sufficient s_i_ze and clarity
to be easily read by all persons in sai d premises, shall be conspicuously d~ spla;Ted,
unless a permit from the Village Council is required wai ving this requirement.
Section 22. The annual license fee for an "On-Sale" Lcense or~_.tavern
shall bey 00.0(T; the annual Lcense fee for an "off-sale" license shall be
X5.00; the annual Ja.cense fee fora "t~holesale" license shall be ~~10.00.
Section 23. All persons who shall .viola ~e .any of the provisions of this
ordnance, s'1a~1, upon conviction thereof, b e puni~ hsed by a fine of not to
exceed one hundred dollars (°;100.00) or by imprisonment not to exceed ninety
days.
Section 2?~. A11 ordinances, o-r parts oY'' ordinances heretofore passed
relating to ~censing and regulating the use and sale of non-into~dcating malt
liquor are hereby repealed.
V
As passed_by the Village Council of the Village of Richfield this 5th
day of N1ay, 1952. .
AT~T:
John Klein
C L E R K
Tred C. Reller
MAYOR
Published in Richfield-3loomington Messenger, May 15, 1952
f 14
11
`.
his ordinance sha+11 •be held to 'be emp ogee sad .suffer or permit ~'~ i ~S$~NG~
y .malt liquor or beverage which any person under 21 years of age Thursday, ~,~ 18, 1852 PAGE ELTVEN
ontains one-half ,of one per centum to sell or serve, any. such non-in- _
r more of alcohol +by volume and toxicating malt liquor. on the premises named in his° li- and provided with running hot and
of more than 3.2 per ,cent of aI- It shall be unlawful for any minor cease, ar elsewhere and the license cold water for sterilizing and rins-
ohal by weight. to enter any premises licensed for !of any person who shall have, keep, ing cups, 'glasses, mugs, ar other
~ sell, manufacture or possess in- utensils in which such malt liquor
A "banafide club" is an organiaa= the sale of non-intoxicating malt toxicating liquor at or upon ••t1tE is served acrd the sink ar oth-
'on far social or business purposes liquor for fihe purpose of purchasr premises Weaned in his license eon- er equipment for such sterilizing
r for intellectual improvement, ar ung or having served or delivered trary •to •1•aw shall be revoked Eby and rinsing shall +be conveniently
or the promotion of sports, where to such ~ainor any such non intoxi the' Village Council upon such con= located to the spigots from. which
e serving of non ntoxicakirrg malt eating inalt•liquor upon the licensed vict<loxt. Appeal of such conviction ,Such 'beverages .are drawn. In bars
iquor is incidental' to> and not premises, os 'for such minor to
he ma'or urpose of ,the club, and resulting in acquittal shalt entitle of fountains, such sinks or other
~ p purchase, attempt to purchase, or ~
'hall mean an established incorpo= have another purchasE for "such the licensee ~to re instatement, but equipment for such sterilizing and
pending such ap)~eal the licenses rinsing shall be of the two=com=
ated club authorized to do bust- minor any such non-intoxicating shal•1 be suspended. partment type.
ess in the 'State of Minnesota far malt liquor. '
ore than one year prior to the No person shall misrepresent or S~1CT`ION 10. No sale of non- Si~CTIOiN 15. The premises nam~
ranting of the. license, and which mis-State his or her' age, ar the intoxicating liquor shall 'be made Ed in any license shall at all times
or said period shall have manntain- age of any other person, for the on any Sunday .,between the hours while open to the opublic be also
d and operated- a cafe, dining purpose of inducing any licensee` of one a.m. and twelve o'clock, open to inspection and examination
oom> or place for serving food or or employee of such licensee to sell; neon, nor between-the hours of one by. any- police ar__health officer of
cols for its membersh8p. , serve or deliver any non~intoxicat- a.m: and eight o'clock' p.m. on any the village. The written license
The word "person" whenever ing malt liquor to a minor, election day in the district in rovhvch shall at all times be pasted itt a
sed in "this ~ardgnance shale mean, it shall •be unlawful for any the election shall be held. No sale canspicuaus place on the premises
ny person,. firm, corporation, Part= minor under the age of 17 years shall liE m~.de between the hours' named therein...
ership 'or other unncorporateid as= to enter or remain on premises 1i- of one a.m. a;nd eight a.m. on SII~'CTPO~N 16. Any person de-
ociation, ceased as a tavern at any time, un-' arty weekday 1Vl~nday through 'S~t= siring to sell non-ntoxicatfng malt
5.brIC'TTiO+N 2. No person shall sell less accompanied by 'his or her tirday inclusive. ~ 'liquors under any license ar licens-
y non=intoxicating malt liquor Parent . or guardian, or for any li- S1~CTIO~N 11. 1~very room, es h~erenbefore defined shall make'
the Village of Richfield +without censee or agent or employee of any place or premises wherein such written application in writing to
t having obtained a license to do licensee to permit such person to non-intoxicating malt liquor is ped- the Village Council at least 30
from the Village '("buncil, pro= Enter or remain on premises so mitred to be or is sold shat] be days before th.e beginning of the
vided that this section shall not licensed. closed and kept closed to the pu+b- license period, .and shall furnish
prohibit the giving or serving of S~1~'CThO~N 5. The Village Coun= lie, between the hours of 1:15 a.rn.. such information with respect to
nvn-intoxicating malt liquor to cil .may grant or deny any appli= and 5:06 a.,m..unless the licensee character, past employment, previ=
guests in a private home; provided cation for license or renewal there= is engaged " in the operation of a I our conviction • for crimes or for
further that the Village Council of> under this ordinance. Upon bonafide cafe, resturant of dining+misdemeanors relating to the sale
may IS~UE permits allowing Wan- conviction for s wii+ful violation of room on the licensed premises and i of intoxicating or. non=intoxicating
profit social organizations, lodges„ Rliis ordinance or the laws of the such cafe, resturant or ,dining room liquor as the Village 'Council may
labor organizations, churches, and State of -Minnesota relative to the ~s open to the public all night for require. Upon ~goo~d cause shown
corporations not included within sale of intoxfcating liquors or non- the service of food at least 8 the VillageCouncil may waive the
the defin%tion of the term "bonafade intoxicating wait liquors, the Vil= nights each week. If the applicant 3+0~ day requirement.
club" to serve without a licensE' lags 'Manager may immediately sus- desires to keep his premises open S~>iJCTI,O+N 1'7..Licenses shall ex-
nan~intoxicating malt liquor free of peril fhe license of any licensee to the public on the ground that, Aire on th.E 31st day of December
charge to members and guests'., for hereunder. Upon ~Deing notified of he is thus engaged in• the opera- after issuance.
a period of not to exceed twelve such suspension ar upon revoca= tian of a 'bona~fide cafe, restaurant S~ECT.PO'N 18. Licenses shall ibe
(12) hours,. and not oftener `than 'tion of •licensE as provided under or d'innig. room, open to the public for the location specified on the
three times within each eadendar this ordinance the licensee, his all night for the service of food 1•icense. No license shall he trans-
year. 1~ach such organization, upon agents and employees shall immedi- he shall so state in his application ferred to a different location. or to
making application for a permit, ately cease this sale of such non= for license. A licensee w•ho •has a different person without the con-
shall state the name, the purp¢~se intoxicating malt liquor and shall not so stated in his application shall sent of the Village Council.
far which it is organized, the ad- not resume such sale until such not keep his premises open to the SI~~CTPOiN 79. It shall be the
dress of the place where the service suspension may have been lifted Public between the hours of 1:1'5 duty of .every licensee, his agents
of such non-intoxicating malt li- or license reinstated. Whenever the a.m. and 5:00 a.m. During the and employees to prevent the con-
gmor is desired, the date +far which Village Manager shall suspend .the said hours no person ar persons sumptian of intoxicating liqutor on
the pErrnit is sought, and such oth- licensE of any licensee hereunder shall be allowed to ~be or remain the licensed premises, and' every
er nnformation as the Village +Coun- such suspension shall .be effective. upon or within such room, i~lacE licensee, or his agent or employee
ciI tray require until the next regular meeting of or premises far any purpasE what- who shall perm+it intoxicating li-
SI:~C'TIO'N 3.. Licenses granted the Village Council, at which tune ever, Except that the owner or h- quor to +be consumed an licensed
under this ordinance shall be of the Village Manager shall make a censee, his agents, servants, ,or premises shall •be guilty of a mis-
four kinds: written report to the Village Coun- employees. may 'be and remain demeanor. Na person shall take or
(a); Retai "•On•Sale' lice,-hI+ es cil stating the fats relative to the therein.~tnd thereon for the pur- carry any intaxiccating liquor to or
shall 'germit~'t'he 1{ en sees to Tell- ro.~victic,n, -~[]s_ '`~i,_spen~jou,-- „{.cS-"'r-•~~= o~»iti.- of ~ltaz;na, grcparation ;tutu anybuilding ar glaie ar con=
such non=intoxicating malt liquors such other facts within hfs knowl- of meals, necessary repairs, or ath- s,ume any intoxicating liquor in any
for consumption on the licensed edge, relative to the suspension as er 'work therein and in connection building or place operated under a
premises. "On'-Sale" licenses shall the Council may require. The li- therewith, or as watchmen. It shall license granted pursuant to this
be granted only to restaurants, ha- censee shall have an opportunity 'bE unlawful for any other person ordinance.
tels, bonafide clubs and Establish- to bE heard at such meeting. The than the ,licensee, his agents, sec- SI~CTPO'N 20. No person shall
meats for the sale of non-intoxi= Village ~C'ouncil shall thereupon ants, employees or .others so en= have in his possession for'sale any
eating malt beverages at retail; vote to either (a) continue the sus- gaged to remain in such moan, non~intoxcating malt liquor with-
provided that no rnanufacturer or Pension far a period specified, or Place or premises during the said out •first having obtained a license
wholesaler ofsuch non-intoxicating (b) revoke the license, or (c) lift hours. as requirEd'b y this ordinance.
malt liquors shall have any owner- the suspension of license. Ir'ailure It is th•e intent of this section :to Si>:ICT):iO'N 21. It shall' 'be un-
ship, in whole or in part, nn•the',of the Village Council to act upon. apply to those places only nn which lawful for any licensee, his agents,
usiness of any licensees holding suchsuspension at such meeting are sold both food and non=intoxi- or employees to mix, or sell for
an "On=Sa+le" licencce. shall .result in a sifting 4f the sus= eating malt 1'iquor, and it shall Hat the purpose of mixing, any such
('b) REtail "Off-Sale" licenses pensifln of the license. Suspension aPPly to places in which food alone malt l+iquor, or to suffer or per-
shall permit the licensee to sE11 or revocation of licensE shall +be in is served. In the Event that the 'mit upon the premises named in
non-intoxicating ma+lt liquors in or- addntion to fihe penalties 3iereinaf- salE of food and non=intoxicating his license, any mixing or spiking
iginal packages for consumption ter 'provided, malt liquor i5 now or hereafter of malt liquor, soft drinks, or any
off the premises only. The Village 'Council may revakE authorized in any place of bust-' other liquid or beverage by add7ng
(c) "Wholesale" li+cEnses shall any license for cause. In all cases Hess, the proprietor may provide to or writh the same any alcohol
permit the licensee to sell non=in= of revocation of licenses hereunder a room., or rooms in which no non- or other intoxicating liquor.
toxicating malt beverages to hold- there shall •be no refunding of li- intoxicating malt liquor is served It shall be unlawful for any li=
err of . on or off-sale retail 13= cease fees, at any time, and. such room or censee; his agents, or Employees
censer. SECTION 6. No licensE shall'be rooms, may. remain open far the to sell or serve non=intoxicating
(•d) "Tavern" licenses sixall per- granted. to any applicant +wha a1- service of food at all hours+. Such liquor to any ,intoxicated person,
it a person having an '°On-Sale" ready owns one licensE of the kind .roam, or roams, sha1.1> however, or to permit an ~lntoxicated person
icense to sell such malt liquor in applied for, and no_ licensE shall, be distinctly separate from. that to remain up an the premises li.-
duly licensed restaurant, hotel' be granted to permit the same of part of the building in which +thE censEd.
r club where dancing is permitted such malt liquor at more than one Wan-intoxicating malt liquor is In all premises licensed for "6n
nder license from ,the Village location, which shall +be definitely served, and the latter part of such Sale" under this ordinance, a sign
ouncil, in the dining room there- 'described by street and number in building shall be entirely closed saying "No Spiking Allowed" or
f, anal as an incident thereto: If th+e license. ~ during th~E hours required by this "moo Spiking." of sufficient sizE and
rdered by the Village Manager Sh~CThOIN 7. No licensE shall bE ~ section clarity to bE Easily read by all
he person operating under a "Tav- issued to an applicant unless he be I 'S~1~'CTI.O~N 12.. No such malt 1 persons in said premises shall be
rri' license shall employ a peace the actual awner or proprietor of quor or intoxacatittg liquor shall be conspicuously dispayed, unless a
fficer to be on duty at a licensee's the business at the location where sold, served or consumed at or in PErmut from the Village +C'auncil is
lace of business from 9:00 o clock heintends to sell such malt liquor, any theatre, picture show or dance required waiving thid~ requirement.
.an. to closing time. No "Tavern" War shall a license be issued to an hall or other place of .pubblic amuse= •S'>:CT,ION 2;ii. The annual li-
cense shall ,be issued to any per= applicant who has -not been either meat or• Entertainment. No such cease fee for an "On=tSalE" license
son who does not have an °`On= art actual rESident of the Village of malt liquor, shall he sold or served or tavern license shall •be $100.00„
Sale" licensE, . a dancing license, Richfield for more :than one year for .consumption, ar .consumed at, the annual license fee for an "'Offf-
nd a food licensE. prior to making application for such in or upon any public highway, or ~"~ale" licensE shall •be $5.00; the
Unless, operating under a tavern licensE ar rite owner of a ibussrress in any motor vehicle • upon any annual licensE, fee for a "whole-
icensE, no such malt liquor shall qualifying. for a license hereunder' public 'highway or upon arty pub- sale" license 'shal'l be $1'0.00.
e, sold in any place open to public during onE full year immediately 1'ic street, alley, park or pa°rkway, S1~JCTI+OIN 23. All persons who
atronage in which dancing, vPhere= preceding the maleing of applica- or upon privatE property with- shall violate any of the provisions
n the public may paticipatE, is tion for license, or the owner in out the consent of the own= of phis ordinance, shall, upon con-
arried on, and. unless operating' fe'e of the property upon which he er thereof. It shall be unlaw= v~action thereof, bE punished by a.
under a "Tavern" license, no lane- intends. to sell such malt liquor ful to transport or convey such fine of not to exceed one hundred
'ng shall bE permitted in nay place and an actual resident o'f the Vih•. malt liquor or intoxicating 1i~quor dollars ($100.00) or +by imprisan-
wherein malt liquor is sold, served loge of Richfield for more than 30 in any vehiclE within the VillagE meat not to exceed ninetly days.
or consumed. days immediately pr°or to making of Richfield unless the same shall SI~C'TPO+N 24: All ordinances,
S~~ICTION 4. No person shall application for such licensE. be contained nn the original pack= or parts of ordinancesheretofore
permit any minor to loiter in the S~~CTI~OiN S. It shall Abe unlaw= agE with. sap or seal unbroken, passed .regulating to licensing and
room whEre non-intoxicating .malt ful far the applicant or the person. SFaCTI•CyN 13. Banafi$e cltvbs as regulating the ixse and sale of non-
liquor is •being sold or served, un- making application to make any herein defined shall not sell any intoxicating malt liquor are herE-
ess accompanied by his parefit ar false or misleading statement in sue}~ non-intoxicating rrialt liquor 'by repealed.
egal guardian, and no person shall an application foss ~a license here- to any, person .Except a member As passed by the Village ~Coun-
ell non-intoxicating malt liquor to under. thereof. cif of the Village of Richfield this
ny person under 2'1 years o•f agE, SF~CTIO'N 9: The license of any 91~~CTZO;N 14. N'o on=s'aie licensE 5tli day of May, 1'952.
or furnish or permit -any person' person who shall be found guilty shalt be issued to any person who A'TT];S'T: ..
nder the age of 21 years to be by any court of ~:ny violation of does.. not have a food licensE: 1~v- John A. Klein
urnshed with any non=intoxicat= any law or ordinance relating to cry place where such :malt liquor Village Clerle
ng malt liquor on incensed premis- the sale of intoxicating liquor is served shall be Equipped wikh ?~red •C'. Reller
s, and no licensee or his agent or whether the offen ,- 'tted limper sinks ar other Equipment, tayor
~~`_. - .
~ \ -_ ' ~ ,'
~~
cress or me place wnere the service °"~Ncaaa~vat may 'nave peen 1`irtea puuiac uecwecu uie utrui~ vi 1.1J auty ox every iicenmee, ciia ag•ci,w
of such non-intoxicating malt li= or license reinstated. Whenever the a.m. and 6:00 a.m. Duzing the and employees to prevent the con-
quor is desired, the date for w'hic'h Village Manager shall suspend the said hours no person or persons sumpfion of intoxicating ligaror on
the permit is sought, and such oth- license of any licensee hereunder shall •be allowed to .~be ar remain the licensed premises, and' every
er nnformati~an as the Village ~Coun- such suspension shall .be effective upon or within such room, place licensee, or his agent or employee
ciI array retquire until the next regular meering of or premises far any purpose what- who shall permit intoxicating li-
SECTIO!N 3. Licenses granted the Village Council, at which #~irne ever, except that the ownez or li- quor to be consumed an licensed
under this ordinance shall be of the Village Manager shall make a censee, his agents, servants, or premises shall ~be guilty of a mis-
four kmds_: written report to the Village ~Coun- employees may be and remain demeanor. No person shall take or
(a) '~ Retai "On~Sale" lice uses ell stating the fa is relaf a to the therein nd thereon for 'the pur- carry any intoxicating liquor ,to or
shall 'germt~the licensees to ~rell- conviction, the ~_ sisoenor., 2:~1 pose on--a€-clearing -pregsratien Yi,Yo .ariy 'building of pIaee or con-
such: non-intoxicating malt liquors such other facts within hfs knowl- of mealsK necessary repairs, oz ath- sume any into~ci~cating liquor in any
for consumption on the licensed edge, relative to the suspensiott as er tivozk therein and in connection building or place operated under a
premises. "On~-.Sale" licenses shall the Council may require. The li= therewith, or as watchmen. It shall license granted pursuant to this
be granted only to restaurants, 'ho- cettsee shall have an opportunity 'be unlawfwl for any other person ordinance.
tels, bona~fide clubs and esta~blish_ to be heard at such meeting. The than the ,licensee, his agents, ser- SIEiCTPO'N 20. No person shall
ments for i'he sale of non-intoxi= Village ~C'ouncil shall thereupon ants, employees oz .others so en- have in his possession for~sale any
cating malt beverages at retail; vote to either (a) continue the sus- gaged to remain in such moan, non-intoxicating malt liquor with-
provided that no manufacturer or Pension for a period specified, or Place or premises during the said out •fizst having obtained a license:
wholesaler of such non-intoxicating (b) revoke the license, or (c) lift hours. as required'h y this ordinance.
malt liquors shall have any owner- the suspension of license. Failure It is the intent of this section :to Si>~1CThO'N 21. It shall' 'be ,un-
ship, in whole or in part, an~~the of the Village Council to act upon apply to those places only in which lawful for any licensee, his agents,
business of any licensees 'holding such 'suspension at such meeting are sold both food and non=intoxi- or employees to mix, or sell foz
'an "On=Sale" license. shall .result in a lifting of the sus- cating malt 1'iquar, and it shall not the purpose of mixing, any such
(b) Retail "Off-Sale" licenses .pension of the .license. Suspension apply to places in which 'food alone malt liquor, or to suffer ~ or per-
shall permit the licensee Ito sEll or revocation of license shall Abe in is served. In the event that fihe mit upon the premises named in
non=intoxicating malt liquors in ar= addition •to the penalties hereinaf- sale of food and non-intoxicating his license, any mixing or spiking
iginal packages for consumption ter 'provided. malt liquor is now or hereafter of malt liquor, soft drinks, or any
off the premises only. The Village 'Council may revoke authorized in any place of busi--' other liquid or beverage by adding
(c) "Wholesale" licenses shall any license for cause. In all cases ness, the proprietor may provide to or vrlth the same any alcohol
permit the licensee to sell iron-in= of revocation of licenses hereunder a rgam, or rooms in which no non- or other intoxicating liquor.
•toxircating malt beverages to hold- there shall •be no refunding of li- intoxicating malt liquor is served It shall be unlawful .for any li=
ere of . on or off=sale retail li- cense fees. at any time, and such room or censee; his agents, or employees
censee. SECTION 6. No license shall'be rooms, may. remain open far the to sell or sezve non-intoxicating
(.d) "Tavern" l~CeneES shall per- granted. to any .app.]icant who a1= service of food at all hours. Such liquor to any ,intoxicated person,.
mit a person having an "On=S~le" ready owns one license of the 'kind room, or rooms, shall, however, or to permit an ~Intoxieated person
Iicense to sell such malt liquor in applied for, and no license shall. be distinctly separate £rom. that to remain upon the premises li-
~a duly licensed restaurant, 'hotel be granted to permit the sale of Part of the building in which 'the censed.
or club where dancing is permitted such malt liquor at more than one non=intoxicating malt liquor ns In all premises licensed for "On
under license from .the Village location, which shall Abe definitely served, and the latter part of such Sale" under this ordinance, a sign
Council, in the dnning room there= described by street and number in building shall be entirely closed saying "No S~p•ikag Allowed" ar
of, and as an incident thereto. if the license. ~ during the hours required by this "~ Spiking" of sufficient size and
ordered by the Village 'Manager SEIC~°hOIN 7. No license shall be ~ section clarity to be easily read by all
the, person operating under a "Tau- issued to an applicant unless he be I 'S!h~'CTLO~N 12.. No such malt l:= persons in said premises shall be
ern" license 'shall employ a peace 'the actual owner or proprietor of fluor or intoxicating liquor shall ?be conspicuously dispayed, unless a
officer to be on duty at a licensee's the business at the location where sold, served or 'consumed at or in .permit from the' Village ~Cauncil is
place of business from 9~:00 o clock he 'intends to sell such malt liquor, any theatze, picture show ar dance required waiving thia~ requirement.
p.m. to closing time. No "Tavern' nor shall a license be issued to an hall or other place of public amuse- •S'1aCT~ION 22. The annual li-
license shall' ,be issued to any per- applicant who 'has not been either. ment or-entertainment. Na such cense fee for an "OnaSale" license
son who does not have an "On- an actual resident of the Village of malt liquor, shall be sgid or served or tavern license shall •be $100.00;
Sale" license, . a dancing license, Richfield for more than one year for consumption, or .consumed at, th'e annual license fee for an "'Offf-
and a food license. prior to making application for such in or upon any public highway, or ~Sa1e" license shall •be $5.00; the
Unless operating under a tavern license or the owner of a .business in any motgr vehicle upon any annual license, fee for a "whole-
license, no such malt liquor shall qualifying for a license hereunder Public 'highway or upon any pub- sale" license `shall be $10.00.
e sold in any place open to public during one full year immediately lie street,' alley, .park or S1=7CT'POIN 23. All
parkway, persons who
patronage in which dancing, where- preceding the making of applica- or upon private property with- shall violate any of the provisions
'n the public may paticipat~E, is tion for license, or the owner in out the consent of the own= of this ordinance, shall, upon con-
carried ony and. unless operating" fe'e of the property upon which he er thereof. It shall be unlaw- v':ctian thereof, be punished by a
under a "Tavern" license, no lane-. intends to se•11 such malt liquor ful to transport or convey such fine of not to exceed one hundred
ing shall be permitted in any place and an actual resident o'f -the Vih. malt liquor or intoxicating .liquor :dollars ($100.00) or Eby imprnsan-
wherein malt liquor is •sol~d, served loge of Richfield for more than 30 in any vehicle .within the pillage ment not to exceed ninetly days.
or consumed. days immediately prior to making of Richfield unless the same shall SII~;CTI~O~N 24: All ordinances,
5~ECTION 4. No person shall application for such license. be contained drx the original. pack- or pmts of ordinances ~heretofore•
permit any minor to loiter do the SECTI~OiN S. It shall be unlaw- age with. cap or seal unbzaleen. passed .regulating to licensdng and
roam where non-intoxicating malt ful .for the applicant or the person SF,~CTI.OiN 13. Bonafide clubs as regulating the use' anal sale of non-
iiquor is 'being sold or served, un- making. application to make any herein defined shall not sell any intoxicating malt liquor are •here-
less accompanied by his parent or false or misleading statement in such non-intoxicating malt liquor by repealed.
legal guardian, and no person shall an application fgr~-a license here- to any, person except a member As passed by the Village ~Coun-
sell non-intoxicating malt liquor to under. thereof. cil of the Village of Richfield #his
any person under 2~1 years of age, S1~ICTIO'N 9: The license of any Sl~'CTLO;N 1~. No on-sale license 5tfi day of May, 1352.
or furnish or permit -any person person who ~sha11 be found guilty shall •be issued to any person who ATT$ST: ~:
rider the age of 21 years' to be by any court of sny violation of does not have a food license. l~,v- John A. Klein
urnished with any non-ntoaicat- any law or grdinance relating to cry place where such malt liquor Village Clerk
'rig malt liquor on Incensed premiss 4he sale of intoxicating liquor is served shall be equipped wn#h _ Fred •C- Reller
es, and no licensee or his agent or whether the offen .- tted proper sinks or other equipanent, rayon
- '
I.
,~ I
... - ----
//
6" - !'~.~r~ .
P>er's Af~~ ~ FttBbl~a~t!. (Ihm al~ce~ .1~e ~t>C~ o~ i93~)~
~f~idavit of Puh/ca-tio~ ... 1~he ~eciifi~/d-,8/~omi~~ton ~Yle~s~nger
STATE O'la ~IN1V'~SOTA
CQUNTY Og I~IENNF.~IN ~`
.FtiCha>"d. $~,~~.Ti... .. ... .. ... ....., being duly
sworn on oath says: that he now is, and during sll the times herein
_stated has been the publsher....and pFinter....o# the newspaper
known as The Richfield-Bloomington Messenger and has full knowl-
ledge of the facts herein stated.
That for incxe than one year immediately .prior to the publication
therein of the printed.. ~='d~81ACA, ~Ot,'3s~Zl~.
f~i
hereto attached, said newspaper was printed' anS published in the
Bnglsh language from its known office of publication within the
Village o;E Rieh€ield sn the ~C'ounty o€ f•ennepin, State of Minnesota,
on Thursday of eacBt week in column and sheet forma equivalent in
space to 45U Funning inches of single column two inches wide; has
been issued front a known office established in said gilaee of publics=
tion equipped with Skilled workmen+and the necessary material for
preparing and printing the same; lies had in itS inakup not less than
twenty=five per cent of its news colusuriS devoted to local news of
interest to said 'coiiiznunity it purperts to serve, the press work of
which has been done in its said known office of publication; has cans-
tainetl general news conements and miscellany; has not duplicated
any other .publication; has not beenn entirely made up of patents,
plate matter anti advertisements; has .been circulated at and near its
said •place of publication to the extent of 2.40 copies regularly de=
livered to paying subscribers; liar been entered as second Elass mail
matter in the local post office of its said place of publication; that
fliers has been on file in the office of the County Auditor of said
county the affidavit .of a person having first hand knowledge of the
~faets constituting its qualification as a newspaper for, publication of
legal notices; and that its piibiishers hav@ compliedwith all demands
of said County Auditor for proofs of its said qualification.
That the tinted.. !'d3?a8YlC®. o .1 ...... ..
....... ... ... .
P- . Q • . ~ ' ~' 72 .hereto
attached as a part Hereof was cut from the columns of said news-
paper; was •published therein in the English language once each
week for. ~11®• : • ...successive weeks; that it was first published
on the.... ~~.~~. . .day of... :~95~., and that the
~€ollowing is a copy of the lower case alphabet which is acknowledged
to 'have been t'he size anti kind of .type used iii the publication of
prd3.n~aQ~ ~o. 3.12
said.... .. ..
abedefg ~~ ltsnopgrstuvw' -8 point- -,--•.,-.-
J ~ "r
.. ........ -. S". -~. -~,.
,,pp _ vg. -r
Subscri'becl acid sworn to before me thts~,day of..... -
~.9 • ~ -_ z _ _ -
Notary Public, I~e~n~p' . County, l~nesota.
My commission" expireSr ~ . ~~~~~ .. .
'r . ii;