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Ordinance No. 0188 09-05-1961� I�' ORDINANCE NO. 186 AN ORDINANCE RELATING TO LIQUORS, INTOXICATING A N D N O N-INTOXICATING, INCORPORATING P R O V I S- iONS OF MINNESOTA 1959 SATUTES, CHAPTER 340 BY REFERENCE, PROHIBITING VIOLATIONS AND IMPOSING A PENALTY FOR VIOLATION THEREOF. THE COUNCII. OF THE CITY OF FR.IDLEY ORDAINS: SEC. 1: MINNESOTA STATU- TES, 1959, CHA��PTER 340, IN- CORPORATEU BV REFER- ENCE. Fxcept as otherwise herein- after provided, the regulatory provisions of Minnesota Statutes, 1959, Chapter 340 and acts nmendatory thereof, are hereby adopted as an ordinance relat- ing to and regulating Rhe posses- sion, sale, purchase, barterin�g, g�iving away, furnishing, trans- ferring or otherwise disposing of liquors intoxicating and non-in- toxicating, and are hereby incor- porated in and made a part of this ordinance as completely as if ,set ou�t here in full. SEC. 2: VIOLATION OF STATUTE DEEMED VIOLA- TiON OF ORDINANCE: a violation o�f any st�atate adop�t ed by reference in Sec. 1 here- inabove which is deemed kherein to be or is punishable as a mis- demeanar ia a violation o�f this ordinance when it occurs �vithin the City oP Fridley. Any �erson violating any provision of this ordinance as adepted by refer- ence shall be �guilty of a misde- meanor and shall be punished by a fine not to esceed .�i100.00 or by imprcisonme�it i� ;jail not to exceed nineTy (90) days, but if a minimum fine or imprisonment is presr_ribed by the s�tatute for an off�nse under the statute, then such pznalty shall apply, likewise, to a pe.rson convicted of tlie sa�ne offense �under this ordinance. Any violation of the statuRes incorporated herein by reference for �vhich the punish- menk is greater than that provid- e� for a misdemeanor shall be px•osecuted under the etatute and not as a violatiion of this ordin- ance. SEC. 3. ADDITIONAL RE- GULATIONS: (1) Sale and p�archase, and delivery and transfer of liquor. For the purpose of this sub- division, in the absence of strict Proaf to the contrar�, the pur- chase and sale, an;l de]ivery and t.2nsfer of anc liquor is deemed to occur at the place at which the purchaser or transferee ac- cepts possession of tYie liquor from the se]]er or transfecor thereof or from his agent or em- ployec ther�of. If the p�irchaser or transferee of such liquor per- mits the seller or transferor or any employee or agent of such seller or transferor to retain or reacquire possession thereof, khe place of purchase and sale, and delivery and transfer, shall be deemed to be the place at whicli possession of such liquor is khere- after re-delivered or re-trans- ferred to the�purchaser of trans- feree. Intoxicating liquor shall not be sold in the City of F�id- ley by any person, by any liquor si:ore, oi an agent or employee thereof, except in and upon Rhe premises in the City of Fridley occupied by the Mu�nicipal:stores. Non-intoxicating liquar sha11 nof be soId in the City of Fridley by any person, or 6y any liquor stom, or agent ar employee tL•ereof, except in ¢nd upou the premises in Uie City oF Fridley occupied by the ➢-funiciqral stores, or by the holder of a license duly issued thereforc by the City of I'ridley. No liquor shall be deliv- cred by xny per,on, or auy liq- uor store, or agent or employee tl�ereof, pursuant tn any sale, to the possession of any minor or incompetent perenn; no�r ahall c�wstody thereof bc transferred in any way by suclt pereon, ]iq- uor store, or agent or em�'oyee thereof, to either of �tl�e same, nor sh�ill de':ivery of a!�y ]iqttor be made or the custody be trans- icrred by the seller to any per- ron othcr than the a^t�_tal pur- ci.asex• of such ]iquor, uylzss such recipient is an emp'oyee or agent of the purehaser authoriz- et] to receive s�ch liquo�r, and the i�enYity and competen�ce of U�e purchaser Lhereof, are fully dis- dosed and am known to th� sell- rr of ^,uch liq�,ior, and ivhen de- livery or transfer ie ma3e subse- quemt to a sale by any agent cr employee o_ the seller, then �7so to the a�ent or emPlo�yee i;iakin� actual dc!ivery or trans- fer of �uch ]iquor. Thi�s cublivi��io�� do^_s nok ap- p�y to delivery of liqcors by a c�l:olr��i1� ]iqu�r fleales', �vare- ]:ousema� or brewe�ry malcin� de- Lveries to a mwiicipal liquor score in thc CiQS of Fridley or any dellve�y by a m�u�nicipal liq- uor store in the City of Fridley to a wholesale liquor dealer, or to any club or public plare hold- iaig a]icen;e issued by the Liq- uox� Control Commissioner of the State of Minnesota. SEC. 4: lhe provisions of this ordin- ance shall be constnaed as sepa- rate and severable in all re- spects and the invalidity of any seetion, paragraph, sentence or clause or any part thereof shall not affect and make imalid any other section, paragraph, sent- ec�ce, clause, or any part thereoR. SEC. 5: A violation of this ordinance is a misdemeanor and is punish- able by a fine not to exceed the sum oP $100.00, or by imprison- ment na�t �to exceed ninety !90) days. Passed and ad t t� 5th day oP Septemb .Y � �ca- Y ' Mayor - ' E. reig City Manager - Earl P. Wagn r First -Reading: August 1, 1961. Second Reading:' Sept. 5, 1961. News: Sept. 14, �1961 u' �� �,�L \ \ �v � I��il � J �e �N ��