Ordinance No. 0435 09-02-1969°_ � ��
ORDINANCE NO. 435
INTOXICATING LIQUOR
Section 1. Definition of Terms: �
1. As used in this ordinance the term "person" includes a natural person
of either sex, co-partnership, corporation and association of persons
and the agent or manaqer of any of the aforesaid. The singular number
includes the plural and the masculine pronoun inrludes the feminine
and neuter.
2. The term "intoxicating liquor" shall mean and include ethyl alcohoi
and include distilled, fermented, spiritous, vinous, and malt bever-
ages containing in excess of 3.2o of alcohol by weight.
3. The terms ''sale" and "se11" mean and include a11 barters and all manners
or means oE furnishing intoxicatinq liquor or liquors as above des-
cribed in violation or evasion of law and also include the usual meaning
of terms.
4. The L-erm "on sale" means the sale of intoxicatinq lzquor by the glass,
or by the drink for consumption on the premises only.
5 The term "hotel" means and includes any establishment having a resident
proprietqr or manager, where, in consideration of payment therefore,
food and lodging are regularly furnished to transients� which, maintains
for the use of its guests not less than 50 guest rooms with bedding ,
and other usual� suitable and necessary furnishings in each room, which - �
is provided at the main entrance with a suitable lobby, desk, and
office Por the registration of its guests on the ground floor, which
employs an adequate staff to provide suitable and usual service, and
which maintains Lmder the same management and control as the rest o£
the establishment and has, as an integral part thereof, a dining room
with appropriate facilities with a total minimum flood area of 900
square feet where the general public are, in consideration of payment
therefor, serve3 meals at tables.
6 The term "restaurant" means any establishment, other than hotel, under
the control of a single proprietor or manager, having appropriate
facilities with a total minimum floor area of 900 square feet to serve
meals, and where in consideration of payment therefor, meals are regu-
larly served at tables to the general public, and which employs an
adequate staff for the usual and surtable service to its guests, and
the principal part of the business of which is the serving of foods
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
8. The teYm "wholesale" means and includes any sale for purposes of re-
sale. The term "wholesaler" m�ans any person engaged in the business
of sellinq intoxicating liquor to retail dealers.
9. The term "manufacturer" includes every person who, by any process of �
manufaaturing, fermenting, brewing, distilling, refining, rectifying,
]�lending, or by the combination of different materials, prepares or
produces intoxicating liquors for sale.
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Ordinance #435 (COntinued)
Section 2. License Required^
Page 2
1. No person, except wholesalers or manufacturers to the extent authorized
undex State License, shall directly or indirectly deal in, sell, or
keep for sale any intoxicating liquor without first having received a
license to do so as provided in this ordinance
2. "On Sale" licenses shall be issued only to hotels and restaurants
Section 3, Applications for License to be Verified.
Every appl3.cation for a license to se11 intoxicating liquor shal.l be
verified and Pi1ed witH the City C1erk.
Section 4, Contents of Application.
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In addition to the information which may be required by the State Liquor
Control Commissioner's form, the application shall contain the following:
Whether the applicant is a natural person, corporation, partnership,
or other form of organization.
Type of li.cense applicant seeks,
I� tFLe appl]�cant is a natural person, the following information:
A. True name� place and date of birth� and street res�dent address of
applicant.
B. Whether applicant has ever used or bzen known by a name other than
kus true name and, if so� what was such name, or names, and infor-
mation concerning dates and places where used.
C. Tine name of the business if it is to be conducted under a designation,
name ox style other than the full individual name of the applicanL-;
in such case a copy of the certification, as required by Chapter
303, Minnesota Statutes, certified by the C1erk of District Court,
shall be attached to the application.
D. Whether the applicant is married or single If marxied, true name,
place and date of birth and street residence address of applicant's
present spouse.
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Whether applicant and present spouse are registered voters and if so,
where.
Street addresses at which applicant and present spouse have lived
during the preceding ten years.
Kind, name and location of every business or occupation applicant
or present spouse have been engaged in during the preceding ten years
H. Names and addresses of applicant's and spouse's employers and partners,
if any, for the preceding ten years.
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Ordinance #435 (Continued)
Page 3
I Whether applicant or his spouse, or a parent, brother, sister, or '
child of either of them, has ever been convicted of any felony, crime
or violation o£ any ordinance, other than traffic. If so, the
applicant sha11 furnish inPormation as to the time, place and offense
£or which convictions were had.
S. Whether applicant or his spouse, or a parent, brother� sister or
child of either of them, has ever been engaged as an employee or in
operating a saloon, hotel, restaurant, cafe, tavern or other business
o� a similar nature. If so, applicant shall furnish information as to
the time, place and length of time,
K, [ahether applicant has ever been in military service. If so, appli-
cant shall, upon requestr exhibit a11 discharges.
L. The name, address and business address of each person who is engaged
in CQinnesota in the business of selling, manufacturing or distributing
liquor and who is nearcr to kin to the applicant or his spouse than
second cousin, whether of the whole or half blood, computed by the
rules o£ civil law, or who zs a brother-in-law or sister-in-law of
the applicant or his spouse
4_ If the applicant is a partnership, the names and addresses of all part-
ners and a11 information concerning each partner as is required of a
single application in Subsection 3 above. [3 managing partner� or part-
ners, shall be designated, The interest of each partner in the business
shall be disclosed. A true copy of the partnership agreement sha11 be
submrtted with the application and, if the partnership is required to
file a certificate as to a trade name under the provisions of Chapter
333, Minnesota Statutes, a copy of such certificate certified by the
Clerk of District Court shall be attached to the application.
5. If the applicant is a corporation or other organization and is applying
for an "on sale" license, the following:
A. Name, and if incorporated, the state of incorporation.
B. A true copy of Certificate of Incorporation. Articles of Incor-
poration or Association Agreement and By-laws and, if a foreign
corporation, a Certificate of 7authority as described in Chapter
303, Minnesota Statutes.
C. The name of the manager or proprietor or other agent in charge of
the premises to be licensed, giving al1 the information about said
person as is requared of a single application in Subsection 3 above.
D. Notwrthstanding the definition of interest as given in Section 9,
Subdivision 10, the application shall contain a list of a11 persons
who, singly or together with their spouse� or a parent, brother,
sister or child or 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 single applicant in Subsection
3 above.
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Ordinance #435 (Continued}
Page 4
� 6. The exact legal description of the premises to be licensed together with
a plot plan of the area showing dimensions, locations of buildings,
street access, parking facilities and the locations of distances to the
nearest church building and school grounds.
7. The floor number and street number where the sale of intoxicating
liquors is to be conducted and the rooms where liquor is to be sold or
consumed. An applicant for an "on sale" license sha11 submit a floor
plan of the dining room, or dining rooms, which sha11 be open to the public,
shall show dimensions and shall indicate the number of persons intended to
be served in each of said rooms.
8. If a permit from the 'Pederal government is required by the Laws of the
United �tates� whether or not such permit has been issued, and if so
zequired� in what name issued and the natuse of the permit.
9, The amount of the investment that the applicant has in the business,
buil3ing� premises, fixtures, furniture, stock in trade, etc., and proof
of the source of such money.
10. 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
thereo�� terms £or payment or other reimbursement. This shall includ�,
� but not be limited to, any lessees, lessoxs, moztgaqees, mortgagors,
lendors, lien holders� trustees, trustors, and persons who have co-
signed notes or otherwise loaned, pledged, or extended security for any
indebtedness of the applicant.
11. The names, residences and business addresses of three persons, residents
of the State of Minnesota, of good moral character, not related to the
applicant or financially interested in the premises or business, who may
be referred to as to the applicant°s character or, in the case where
in�oxmation is required of a manager, the manager's character
12. Whether or not all real estate, special assessments, personal property
taxes for the premises to be licensed which are due and payable have been
paid, and if not paid, the years and amounts which are unpaid.
13. Whenever the application for an 'on sale" liccnse to sell intoxicating
liquor, or for a transfer therPOf, is for premises either planned or
under construction or undergoing substantial alteration, the application
shall be accompanied by a set of preliminary plans showing the design
of the proposed premises to be licensed. I£ the plans or design are
on f11e with the Superintendent of the ➢uilding Department, no p13ns
need be filed with the Crty Clerk.
14. Such other information as the City Council sha11 require
� Section 5. 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 sha11 be made in such abbreviated
form as the City Council may approve_ If, in the �udgment of the City Council,
good and su££icient cause is shown by an applicant for his £ailure to file
for a renewal within the time provided, the City Council may, if the other
provisions of this ordinance are complied with, grant the application.
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Ordinance #435 (Continued)
Page 5
At the earliest practicable time after application is made for a renewal of �
an"on sale" license, and in any event prior to the time that the application
is approved by the City Council, the applicant shall file with the City Clerk
a statement made by a certified public accountant that shows the total gross
sales and the total food sales of the restaurant for the twelve months period
immediately preceding the date for filing renewal applications. A foreign
corporation shall file a current Certificate of Authority.
Section 6. Execution of Application. If the application is by a natural
person, it sha11 be signed and sworn to by such person; if
by a corporation, by an officer thereof; if by a partnership, by one of the
partners, if by an unincorporated association, by the manager or managing
officer thereof. If the applicant is a partnership, the application, license
and bond (or insurance policy) shall be made and issued in the name of all
partners.
Section 7. License Fees.
l. The annual 13cense fee for "on sale" license sha11 be $4�OOO,DO.
2 The annual license fee shall be paid in full before the application
for a license is accepted H11 fees shall be paid into the general
fund of the City Upon re7ection of any application for a license, or
upon withdrawal of application before approval of the issuance by the
City Council, the license fee shall Ue refunded to the applicant except ,
where re�ection is for a wi11fu1 misstatement in the license application.
3 The fee for an"on sale" license granted after the commencement of the
license year shall be pro-rated on a monthly basis.
4. When the license is for premises where the building is not ready for
occupancy, the time fixed for computation of the license fee for the
initial license period sha11 be ninety days after approval of the license
by the City Council or upon the date the building is ready for occupancy,
whichever is sooner
S. No transfer of a license shall be permitted from place to place or person
to person without complying wrth the requirements of an original application
except as provided by Subdivision 9 of this Section and except where a
new application is filed for a transfer of license from place to place
and is for premises where the building was not ready for occupancy at
the time o£ the original application and the new application is filed
within 90 days after approval of the original license by the City Council
but before a Certificate of Occupancy for the original location has been
issued, no additional license fee is required and the investigating fee
shall be as specified in Subdivision 8 of this Section.
6. No part of the fee paid £or any license shall be refunded except in
accordance with this Section.
7. At the time of each original application for a license, the applicant �
shall pay in fu11 an investigating fee. Fur a single natural person,
the investigating fee shall be $150 00 For a partnership, corporation
or other association, the investigating fee shall be $300.00. No in-
vestigating fee sha11 be re£unded.
Ordinance #435 (Continued)
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Page 6
' 8 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
enlargement, alteration, or extension of premises previously licensed, or
because of a transfer from place to place which transfer comes within
the exception expressed in Subdivision 5 of this Section, the licensee
shall pay an additional investigating fee in the amount of $50.00.
9. 4dhere a new application is filed as a result o£ incorporation by an
existing licensee and the ownership control and interest in the license
are unchanged, no additional license fee will be required.
Section 8 Grantina of Licenses.
1. In order to assist the City Council in investigating the facts set out in
the application and in order to determine the eligibility of the applicant
for a license, pursuant to the provisions of this ordinance and of the
State Law, the City Council may appoint a License Board. In the event
that such License Board is established, it sha11 be organized in such a
manner as the City Council shall determine by resolution.
2 All applications for a license sha11 be referred to the Chief of Police,
and to such other City Departments as the City Manager shall deem necessary,
for veri£ication and investigation of the facts set forth in the appl�-
cation. The Chief of Police shall cause to be�made such investigation of
� the information requested in Section 158.04, Subdivision 3, as shall be
necessary and shall make a written recommendation and report to the
License Board, or to the City Council, as the case may be, which sha11
include a list of a11 violations o£ Federal or State law or Municipal
ordinance The License Board, or City Council, may order and conduct such
addita.onal investigation as it shall deem necessary_
Upon receipt of the written report and recommendation by the Chief ot
Police and within twenty days thereafter, the Chairman of the License
Board, or the Crty Council, shall instruct the Crty Cleriz to cause to be
published in the official newspaper ten days in advance, a notice of a
hearing to be held by the Licence Board, or th� City Council, setting
forth the day, time and place when the hearing will be held, the name of
the applicant, �he premises where the business is to be conducted, the
nature of the business and such other information as the License Board
may direct. At the hearing, opportunrty shall be given to any person to
be heard for or against the granting of the license. A license, other
than a renewal, shall not be approved before the next regular meeting of
the City Council following such hearing.
3. Not less than ten days nor more than fifteen days after the date for sub-
mitta.ng renewal applications, the License Board, or the City Council, shall
hold a public hearing. Notice of the time and place of said meeting and
the £act that renewal applications will be considered shall be published
in the official newspaper ten days in advance of the hearing. Opportunity
� sha11 be given to any person to be heard for or against the granting oL
a renewal license
4. In the event the Licence Board holds the hearing, it shall, within fifteen
days after the hearing, make a report of its investigation and hearing,
together with recommendations, to the City Counc�l. In the event that
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Ordinance #435 (COntinued)
Page 7
the Lzcense Board is unable to complete its report within that time, they shall
report such fact, together wrth reasons therefor to the C�ty Council which shall
extend the time for the report for such reasonable time as it deems advisable,
5. A£ter recea.ving such report and recommendation the City Council sha11
conduct, within a reasonable time, such additional hearing as it may
deem advisable and thereafter sha11 grant or refuse the application in rts
discretion,
6. A. Each licensc sha11 be issued to the applicant only. Each license
shall be issued only for the premises described in the application.
B. No license may be transPerred to another person or to another place
without complying with the requirements of an original application including
the approval of the City Council and the Liquor Control Commissioner, as
requzred, except as provided by Section 158.07, Subdivisa.on 5 and Sub-
division 9.
7 The Crty Clerk shall, wrthin ten 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, cancellation or revocation of any license by the
Council during the license period.
8. C�Shere a license is granted for premises where the building is under
construct_ion or otherwisc not ready for occupancy, the City Clerk sha11 not
issue the license until notified by the Superintendent of the Building
Inspection Department that a Certificatie of Occupancy has been issued
and the building is ready for occupancy.
Section 9. Persons Ineligible for License. No license shall be granted
or held by any person:
1
2
3
Under 21 years of age.
Wno is not of good moral character.
Who, iE an individual� is an alien.
4 Who has Ueen convicted, within 15 years prior to the application of such
license, of any willful violation of any law of the United States, the
State uf DYinnesota, or any other State or Terrrtory, or of any local
ordinance regarding the manufacture, sale, distribution or possession
£or sale or distribution of intoxicating liquor, or whose liquor license
has been revoked for any willful violation of any law or ordinance.
5 Who is a manufacturer or wholesaler of intoxicating liquor and no
manu£acturer or wholesaler sha11 either directly or indirectly own or
control or have any financial interest in any retail business selling
intoxicating liquor_
6. Who is directly or indirectly �nterested in any other establisYunent in the
Crty of Fridley to which "on sale" license has been issued under th2s
ordinance
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Ordinance #435 (Continued) Page 8
� 7. Who, if a corporation, does not have a manager who is eligible pursuant
to the provisions of this Section.
8. Who is the spouse of a person ineligible for a license pursuant to the
provisions of Subdivisions 4, 5, or 6 of this Section or who, in the
7udgment 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 will not be renewed if, in the case of an individual, the
licensee is not a resident of the City at the time of the date for
renewal; mf, in the case of a partnership, the managing partner is not a
resident of the City at the time of the renewal; or in the case of a
corporation, if the manager is not a resident of the City at the time of
the date of renewal. The time for establishing residency within the
City may, for good cause, be extended by the Council.
10. The term °interest" as used in this Section includes any pecuniary
interest in the ownership, operation, management or profits of a retail
liquor establishment, but does not include bona fide loans; bona fide
fixed sum rental agreements, bona £ide open accounts or other obligations
held with or without security arising out of the ordinary and regular
course or business of selling of leasing merchandise, fixtures or
supplies to such establishment; or an interest of ten per cent or less in
� any corporation holding a license. A person who receives monies from time
to tune directly or indirectly from a licensee, in the absence of a bona
fide consideration therefor and excluding bona fide gifts or donations,
shall be deemed to have a pecuniary interest in such retail license
In determining "bona fide" the reasonable value oP the goods or things
received as consideration for any payment by the licensee and a11 other
facts reasonably tending to prove or disprove the existence of any
purposeful scheme or arrangement to evade the prohibrtions of this
Section shall be considered
Section 10. Places Ineliaible for License.
1. No license shall be granted, or renewed, for operation on any premises,
on which taxes, assessments or other financial claims of the City or of
the State are due, delinquent o±- unpaid In the event an action has been
commenced pursuant to the provisions of Chapter 278 Minnesota Statutes
questioning the amount or validrty of taxes, the Council may, on
application by the licensee, waive strict compliance with this provision;
no waiver may be granted, however, for taxes or any portion thereof, which
remain unpaid for a period exceeding one year after becoming due.
2. No license shall be granted for premises located within 400 i-eet of a
public school or of any church, the distance to be measured in a straight
line from tne nearest point of building to building, excepting the
existing on-sale municipal establishments at the time of L-he enactmenL- of
� this ordinance. The erection of a public school or church within the
prohibrted area after an original application has been granted shall not,
in and of itself, render such premises ineligible for renewal o± the
license.
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Ordinance k435 (COntinued) Page 9
3 No license shall be issued for the premises owned by a person to whom '
a license may not be granted under this ordinance.
4 No "on sale' licnese shall be granted for a restaurant that does not have
a dining area, open to the general public, with a total minimum floor
area of 900 square feet or for a hotel that does not have a dining area,
open to the general public, with a total minimum floor area of 900
square feet.
Section ll. Conditions of License.
1. Every license shall be granted sub7ect to the conditions of the following
subdivisions and a11 other subdivisions of this ordinance and of any
other applicable ordinance of the City or State law.
2. The license sha11 be posted in a conspicuous place in the licensed
establishment at a11 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 "on sale" licensee shall se11 intoxicating liquor "off sale".
5 No license shall be effective beyond the space named in the license �
for which it was granted_
6. No intoxicating liquor shall be sold or furnished or delivered to
any intoxicated person, to any habitual drunkard, to any person under
21 years of age, or to any person to whom sale is prohibited by State
1aw.
7. No person under 21 years of age shall be employed in a room where sales
are made.
8 No licensee sha11 keep, possess, or operate or permit the keeping�
possession, or operation of any slot machines, dice, or any gambling
device or apparatus on the licensed premises, and he shall not permit
any gambling therein.
9 No licensee shall knowingly permit the licensed premises or any room
in those premises or any ad7oining building directly or indirectly under
his control to be used as a resort for prostitutes.
10. No equipment or £ixture in any licensed place shall be owned in whole or
in part by any manufacturer or distiller of intoxicating liquor except
such as shall be expressly permitted by State law.
11. Any police officer, or any properly designated officer or employee of
the City sha11 nave the rignt to enter, inspect, and search the premises �
of the licensee during the business hours without a warrant_
12. No licensee shall sell, offer £or sale, or keep for sale, intoxicating
liquors in any original package which has been refilled or partially
refilled No licensee shall directly or through any other person delete
or in any manner tamper with the contents of any original package so as to
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Ordinance #435 (Continued)
Page 10
� change its composrtion or alcoholic content while in the original
package Possession on the premises by the licensee of any intoxicating
la.quor in the original package differing in composrtion or alcoholic
content in the liquor when received from the manufacturer or wholesaler
from whom it was purchased, shall be prima facie evidence that the
contents of the oxiginal package have been diluted, changed ar tampered
with.
13 No "on sale" liquor establishment shall display liquor to the public
during hours when the sale of liquor is prohibited by this ordinance
14. No licensee shall apply for or possess a Federal Wholesale Tiquor
Dealers special tax stamg or a Federal Gamlaling stamp,
15. No licensee sha11 keep ethyl alcohol or neutral spirits on any licensed
premises or permit their use on the premises as a beverage or mixed wi�h
a beverage.
16. The business records of the licensee, including Pederal and State tax
returns, shall be available for inspection by the City Manager, or other
duly authorized representative of the City or the City Council at a11
reasonable times.
17. 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 C1erk within thirty days after such
changes are made Notwrthstanding the definition of interest as given in
Section 9, Subdivision 10, 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 50, and shall give a11 information about said
person as is required of a person pursuant to the provisions of Section
4, Subdivision 3, of this code
18. At the time a licensee submits his application for renewal of a license,
he shall list all�direct or indirect contributions mad� to or in behalf
of a candidate for Fridley City Councilman or Playor, including but not
limited to Candidates Committees, Volunteer Committees, etc., for a11 City
elections from and including 1969 to the present date.
19 A restaurant shall be conducted in such a manner that the principal
part of the business for a license year is the serving of foods. A
hotel shall be conducted in such a manner that,of that part of the total
business attributable to or derived from the serving oE foods and
intoxicating liquors, the principal part of the business for a license year
is the serving of foods.
20. At the time of application for renewal of application o£ an on sale
license, the applicant shall submit proof to the City that the principal
� part of the gross sales, derived from the sale of food and inioxicating
liquors of the establishment, for which the on sale license is to be used,
is in the serving of food.
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Ordinance #435 (Continued)
Page 27
Section 12 Hours of Operation. No sale of intoxicating liquor shall
be made after 1:00 A.M on Sunday nor until 8:00 A.M on
�onday, nor between the hours of 1 00 A.M. and 3:00 P.M on any Memorial Day,
nor between the hours of 1:00 A M. and 8 OD P M. on any primary, special or
general election of the City oE Fridley. No "on sale" shall be made be-
tween the hours of 1-00 A.M and 8:00 A.M. on any weelcday.
Section 13. Public Character of Liquor Sales. No sale of intoxicating
liquor shall be made to or in guest rooms oP hotels, unless the
rules o£ such hotel provide for the service of ineals in guest rooms, nor unless
the sale of such intoxicating liquor is made in the manner"on sale" are required
r_o be made, nor unless such sale accompanies and is incident to tY�e regular
service of ineals to guests therein; nqr unless the rules of such hotel and
the description, location, and number of such guest rooms are fully set out
in the application for a license.
tion 14. Restrictions Invalvina Minors.
l. No licensee, his agent or employee shall serve or dispense upon the
licensed premises any intoxicating liquor or non-intoxicating malt
liauors to any person under the age of 21 years; nor sha11 such licensee,
or his agent or employee, permrt any person under the age o£ 21 years to
be Purnished or consume any such liquors on the licensed premises.
2. No person under 21 years of age shall misrepresent his age for the pur-
pose of obtaining intoxicating liquor or non-intoxicating malt liquor
nor shall he enter any premises licensed for the retail sale o£ intoxi-
cating 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 sha11 an_y such person purchase, attempt to purchase,
consume, or have another person purchase for him any intoxicating la.quor
or beer.
3. �o person sha11 induce a person under the age of 21 years to purchase
or procure or obtain intoxicating liquor or non-intoxicating malt
liquar.
4. Any person who may appear to the licensee, his employees or agents to
be under the age of 21 years shall, upon demand of the licensee, his
employee or agent, produce and permit to be examined an indentification
certificate issued by any clerk of the District Court in the Sta*_e of
Minnesota pursuant to Section 626.311 through 626.319, Minnesota Statutes,
Laws 1953, Chapter 508.
S. In every prosecution for a violation of the provisions of this Ordinance
relating to the sale or furnishinq o£ intoxicating liquor or non-intoxi-
cating 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 obtained and presented to the licensee, his
employees or agent, a verified identi£ication card issued by the Clerk of
any District Court in the State oE Minnesota, from wha.ch rt appears
that said person was 21 years of age and was regularly issued such id-
entification card, sha11 be prima facie evidence that the licensee, his
agent or employee is not guilty oE a violation oP such a provision and
shall be conclusive evidence that a violation, if one has occurred, was
not wi11fu1 or intentional.
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Ordinance �435 (Continued Page 12
6. Any person who may appear to the licensee, his employee or agent to be
under 21 years of age and who does not have in his possessiun any identi-
fication certificate as above described, may sign and execute a statement
in writing as follows.
READ CAREFOLLY BEFORE SIGNING
The following are excerpts from the Laws o� the State of Minnesota, Chapter
483, Laws of Minnesota for 1953; Section 340.731 Minnesota Statutes, �linors,
Forbidden Acts or Statements:
"It sha11 be unlawful for;
Any person to misrepresent or mis-state his or her age, or the age of
any other person for the purpose of inducing any licensee, or any
employee or any licensee, or any employee of any municipal liquor
store, to sell, serve or deliver any alcoholic beverage to a minor,
A minor to have in his possession any intoxicating liquor wrth intent
to consume same at a place other than the household of his parent or
guardian."
Section 34D.03 Minnesota Statutes, Laws of Minnesota for 1953, Chapter 483:
"It sha11 be unlawful for:
Any ma.nor to have in his possession any non-intoxicating malt liq_uor
with �.ntent to consume same at a place other than the household of his
parent or guardian.
Any person who sha11 violate any of the foregoing provisions of 1aw
snall be punished accordingly."
VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISD�MF�ANOR PUNISHABLE BY A
FINE OF $300.00 OR A 90 DAYS WORF,I30USE SENTENCE� OR BOTN.
My age is
Hirth
Type of Identification,
Witness
Signed
Date of Birth
any
P1ace of
My address is
Dated
The above form shall be furnished at the expense of a11 licensees desiring
to use the same and when properly executed may be considered as evidence in
any prosecution and by the City Council in any proceeding before the Council
or a committee thereof relating to the business or operations of the licenseE.
Such forms after execution shall be kept on file by the licensee for a period
of one year.
Section 15. Other Restra.ctions on Purchase or Con
1 No person shall give, se11, procure or purchase intoxicating liquor
to or for any person to whom the sale of intoxicating liquor is for-
bidden by law.
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Ordinance #435 (Continued) Page 13
2 No person sha11 mix or prepare intoxicating liquor for consumption, �
or consume, in any public place not licensed in accordance wYth the
ordinances of the City of Fridley, and the State o£ Minnesota.
3. No intoxicating liquor shall be sold or consumed on a public highway
or in an automobile.
Section 16. Bond
1. Bonds, Insurance or Deposit Required,
At the time of filing an application for an "on sale" liquor license,
the applicant shall file a bond wa.th corporate surety, or a liability
insurance policy, or in lieu thereof case or United States government
bonds which shall be deposrted wrth the City Clerk. Such bond, cash or
government bonds shall be in the amount of $5,000.00 for an "on sale"
license. Such insurance policy sha11 be in the amounts specified in
Subdivision S of th�s Section.
2. Approval of Bond or Insurance.
The surety bonds or insurance policies required by Subdivision I of
this Section sha11 be sub7ect to the approval of the City Council.
3. Procedure Where Cash or Government Bonds are Used, �
If the applicant uses cash for securrty, it sha11 be deposited with the
City Clerk. If United States government bonds are permitted and are used
as such security, an assignment or agreement shall accompany them and
they shall be filed with the City Clerk. The licensee shall be permitted
to clip and take a11 interest bearing coupons thereto attached as they
become due.
4. Surety or Insurance Companies
The surety on such bond, or the znsurer on such liability insurance
policy, sha11 be a surety company or insurance company, as the case may
be, duly licensed to do business in the State of Minnesota, and the bond
and liabilrty insurance policy shall be approved as to form and execution
by the City Attorney. A11 surety bonds or liability insurance policies,
when approved by the proper City or State officers, sha11 be deposited
with the City Clerk.
5. Amount and Terms of Insurance.
In the event a liability insurance policy is filed, such liability
insurance policy sha11 be in the amount of $SO,ODO_DO coverage for one
person and $100,000.00 coverage for more than one person, and shall
specifically provide for the payment by the insurance company on behalf
of the insured of aIl sums which the insured shall become obliged to �
pay by reason of liability imposed upon him by law for in�uries or
damages to persons, other than employees� including the liability
imposed upon the insured by reason of Section 34D 95� Minnesota Statutes.
Such liability insurance policy shall further provide that no cancellation
£or any cause can be made either bp the insured or the insurance company
withaut giving ten days notice to the City in writing of intention to
cancel the same, addressed to the City Clerk. Further, it shall provide
Ordinance k435 (Continued)
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Page 14
that no payment by the insurance company shall, in any manner, decrease
the coverage provided for in respect to any other claim or clairns brought
against the insured or company thereafter. Such policy shall be con-
ditioned that the insurer shall pay, to the extent of the principal
amount of the policy, any damages for death or injury caused by, or
resulting from the violation of any law relating to the business for
which such license has been granted. The licensee and the City sha11 be
named as 7oint insureds on the liability insurance policy.
Terms of Bond
All such bonds shall be conditioned as follows:
(a) The licensee will obey the law relating to the licensed business.
(b) That the licensee will pay to the City when due a11 taxes, license
fees, penalties and other charges provided by 1aw.
(c) That in the event of violation of any law relating to the business
for which the license has been granted for the sale of liquor, the bond
and any part thereof, may be forfeited to the City.
(dJ That the licensee will pay, to the extent of the principal amount
of such bond, any damages for death or in7ury by, or resulting from, the
violation of any 1aw relating to the business for which such license has
been granted, and that such recovery may be had also against the surety
on his bond.
Benefit of Bonds.
Such bonds shall be for the benefit of the City, as obligee, and of all
persons suffering damages under the conditions set forth in Suhdivision
6. The amount specified in any bond is declared to be a penalty, and the
amount recoverable shall be measured by �he actual damages. The surety
shall not be liable in excess of the penal amount of the bond In case
of forfeiture of any bond for violation of the law, the District Courc
of Anoka County may forfeit the penal sum of such bond to the City.
Deposrt of U.S. Bonds.
If Unrted States government bonds are deposited with the City Clerk in-
stead of a bond with a corporate surety, such bonds sha11 be accompanied
by a properly executed assignment, a.n form approved by the City Attorney,
assigning such government bonds to the Crty, to be held sub7ect to the
conditions, forfeiture and penalties provided by the laws of the State of
Minnesota and this Ordinance. Such assignment sha11 also contain a
stipulation and agreement that such bonds sha11 remain with the City
Clerk, sub7ect to the terms and condrtions of such assignment and such
State laws, during the term of the license in connection with which such
government bonds are deposited, and for 3 years thereafter, at which time
such government bonds may, wrth the apgroval of the City Council, be
returned by the City C1erk to the licensee.
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Or3inance ;�435 (Continued)
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Deposit of Cash.
Page 15
In the event that applicant deposits cash in lieu of surety bond, the
deposit of such cash shall be accompanied by a written agreement and
assignment upon the part of the licensee, in form approved by the City
Attorney, wherein the licensee assigns such deposit to the City, to be
held by the City Clerk subject to the conditions, forfertures, and
penalties requzred bv the laws of the State of Minnesota and this
Ordinance, for the period of the license in connection with which such
deposit is made, and for 3 years thereafter, at which time such deposit
may be returned, with the approval of the City Council, by the City Clerk
to the licensee. �
Affidavit Required for Return o� 0.5. Bonds or Cash.
Upon application for return of United States government bonds or cash
as provided for in this Section, the licensee shall file with the City
Clerlt an affidavit stating that no action or proceedings has been com-
menced in an.y Court for the for£ea.ture of such bonds or deposit, or for
damages to any person or persons under the terms and conditions thereof,
and that the licensee has no knowledge of any existing clairn or cause
of action under the terms and conditions of the assignment and agree-
ment relating to such government bonds or cash deposit.
Section 17. Revocation.
L The Crty Council may suspend or revoke any license for the sale of
intoxicating liquor for the violation of any provision or condition
of this Ordinance or of any State 1aw or,Federal 1aw regulating the sale
of intoxicating liquor, and shall revoke such lacense for any wi11fu1
violation which, under the laws of the State is grounds for mandatory
revocation, and shall revoke for £ailure to keep the bond, insurance or
other deposrt required by Section 17 in fu11 force and effect.
Except in the case of a suspenszon pending a hearing on revocation or
suspension by the Council sha11 be preceeded by wrrtten notice to the
licensee and a public hearing. The notice sha11 give at least eight
days notice of the time and place of the hearing and sha11 state the
nature of the charges aqainst the licensee. She 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.
Section 18 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 Three Hundred and no
hundredths ($300.00) Dollars or imprisonment for not more than 90 days.
Section 19. Enlargement, Alterations, or Extension of Premises.
Proposed enlarqement, alteration or extension of premises
previously licensed shall be reported to the City Clerk at
or before the time application is made for a Buildinq Permit for any such change.
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Ordinance #435 (Continued)
Section 20. Licensing of Employees.
Page 16
l. No person shall work as a manager, bartender, cocktail waitress, clerk,
or in any capacrty where such person se11s or serves intoxication liquor
on the 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 engaqe
in such business. No person may be so employed for any length oL time if
his license is denied or revoked,
2. An application for such license sha11 he filed with the City Clerlc upon
forms provided by the City and such application shall be verified under
oath and sha11 contain the following information;
(a) The names and addresses o£ two residents o£ the State of Minnesota,
who have known the applicant for a period of two years and who wi11 vouch
for the sobriety, honesty, and general good character of the applicant.
(b) A concise history of tne applicant's previous employment.
(c) The record, if any, of arrests and of convictions for crimes and
misdemeanors other than traffic offenses,
3. The annual license fee shall be $5.00 and sha11 be paid in advance. A11
licenses shall expire on May 1. Applications for renewal of an existing
license shall be made at least 15 days prior to the date of the expiration
of the license on such form as the City Council may approve.
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 sha11 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 tne City Council and may offer evidence to prove the
license should be issued.
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No person shall be issued a license if iL- appears that he had committed
an act which is a willful violation of Minnesota Statutes 340.07 through
340.40.
Any license issued hereunder may be revoked for any violation of this
Ordinance or o£ Minnesota Statutes 340.07 through 340.40 or for conviction
of any crime or misdemeanor involving moral turpitude.
Section 2L Number of Licenses. The City of P'ridley is hereby
restricted in the issuance of
"on sale" iiquor licenses. That the number of licenses issued pursuant to
Minnesota Statutes 340.353 is one less that the maximum numba_r permitted by
Minnesota Statutes 340.353. That the purpose of this restriction is to
enable the Ca.ty to continue and expand the municipal "off sale" operation
Section 22. La.cense Year. Al1 liquor licenses shall e:�pire on May 1.
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Ordinance #435 (Continued)
Page 17
Sect�,on 23. L,ffective Date This Ordinance shall be effective upon �
adoption and publication.
PASSED BY ^iFIE CITY COUNCIL OF THE CITY OF PRIDLEY THIS 2ND DAY OF
SEPTEMBER� 1969.
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i°P7�YOR - SACK O. KIRKHAM
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ATTEST
'AA�2w�+., ��A�� ��
CITY CL�RK - MARVIN C. BRUNSELL
First Reading: August 11, 1969
� Second Reading September 2, 1969
'�, Publish.......: September 17, 1969
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