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Ordinance No. 0280 07-20-1964I� GRDIRANCE N0. 2$0 AN ORDINANCE RELATING TO THE CUNSUMPTION OF INTO%ICATING LIQUORS IN FUBLIC rL�1CFS At�ID PROVIDIAG LICENSES THEREF'ORE: INCOkYORATING MINNESOTA STATUTES CHr1PTER 340; l�ND 2'ROVIDING PENiILTIES FIiR VIO— LATING The City Counoil oY the Citp of Fridley do ordain as follows: SECTION 1. The City Code of the City of Fridley is hereby amended and there is hereby promulgated as new Chapter 84 of the City Code of Fridley� the following: 84,01. (Definitiona) As used herein� the following.definitions shall applq. a) "Person" ahall aean a natural peraon of e3ther sex� co—partnership, corporation or any other association of peraons. The singular shall include the plural and tha masculine pronoun shall include the feminine and neuter. b) "Intoxicating Liquor" shall mean any distilled� fer— mented or vinoua beverage containing more than 3.2� oY alcohol by weight. c) "Original Package" means the sealed bottle or other contaitter in which liquor is placed by the manu£acturer. d) "Public Place" shall mean any place, other than a private home where two or more persons or groups of per— sons or the public congregate or frequent, and shall in— clude but not be limited to clubs, taverns, beer stores, drug stores, restaurants and hotels. e) "Bottle Club" means any private club as de£ined ia M.S,d, paragraph 34�.07 subdivision 7� or eny unincor— porated society which shall have more than 50 members and which shall have, for more than a year, owned hired� or leased space in a building of such extent and charae— ter as may be suitable and adequate £or reasonable and comfortable accommodations for its members; which said club or society allows its members to have and keep a personal supply of intoxicating liquors in lockers as— signed to such membera, in accordance with this Chapter and 3tate Law, Y) "Rzblic Drinking Place° means any public place which serves liquids which are or may be used for the purposea of mixing with intoxicating liquors to be consumed on the premises. g4.02. No pereon ehall directly or indirectly in any private club or public place ar upon any pretense or by any device� al— loW the consc�mption or display of intoxicating liquor nor serve nor permit to be served any liquid for the purpose of mixing with intoxicating liquor without £irst having received a license and paid a fee as hereinafter provided. 84•�3• (Licenses and Fees) Licenses shall be iasued Por the followittg establiahments and the fees shorm charged per year: s) "Bottle Club" (Including Public Drinking Place) �200.00 b) "Public Drinking Place" �100.00 84,01.. (Application for License) Application for license mag be made by any person by submitting to the City Manager a writ- ten statement under oatfi� setting Forth the name of the appli— cant� his address� owners of the applicant if other than a natu— ral person� the business in connection with which the proposed license will operate� its location, whether or not the ovner or owners were ever convicted of a crime and whether or not the � , � � °', `� : ORDINANCE K0. 280 (Continued) applicant has ever applied for or held, in ather coi�uni- ties� a license to sell or permit consumption on his prem- ises of intoxicating liquor and such other information as the Council may require from time to time. Application shall be on a standard form to be provided by the Municipality. 84.05. (Fees Payable) Each application for a license shall be accompanied by a receipt from the City Maasger for payment in full of the required fee for the licease. Al1 fees shall be paid into the general fund of the municipality. Upon re- jection of any application for a license� the City Manager shall re£und the amount paid, less any costs for procesaing. g4•O6. (Duration) All liceases shall expire on the last daq of June in each year. Each license shall be issued for a per- iod af one (1) year. Licenses for Bottle Clubs and Public Drinking Places in effect at the time of passage of this or- dinance shall, at no additional charge, remain in effect un- til Jaly 1, 1965. No part of the fee paid Yor any licenae issued under this ordi- nance ahall be re£unded except in the followi instances: Upon application to the Council within twenty�20) days after the happening o£ the event� there shall be refunded a pro-rata portioa of the fee for the unexpired period of the license, computed on a monthly baeis� when operation of the licensed business ceases not less than one month before expiration ot license because of: e) Destruction or damage of the licensed premiaea by Pir� or other catastrophe. b) The licensee's illnesa. c) The licenaee's death d) A chaage in the legal statua of the municipality making it unlaaPul for the licensed businesa to contitiue. Sy.07. (Granting of Licemae) The City Manager ahall imesti- gate all facts set out in the epplicatioa iaeluding a considera- tion of the building with regard to zoning and building ordi- nances and the proximitp of achools and churches and shall givs opportunity to any pereon to be heard for or against the gran�t- ing of the license, on request. After such investigation and hearing the City Council shall grant or refuse the license in accordance with the provision of this Chapter. 84.08. (Peraona Ineligible for Licensm) No license shall be granted to any person: � e) Under 21 yeara oP age. b) Unless he be the actual owner or proprietor of the place oP business where he 3ntends to permit such cons�p- tioa of intoxicating liquor, c) No lieense shall be granted to any peraon who already owns or has a direct or indirect intereat in a license provided for in this ordinance. d) Who has been eonvicted of a felot�y. e) Who is a manufacturer or wholesaler of liquor or crho is interested in the control of any place wher� liquor is manufactured. 8y.09. (Licenses: Ownership) It shall be a eondition of every 1Scense that the liceasee furnish the City Clerk a liat of all persons, firms or corporations having ar. interest in the licensed business and tha extent of such interest. If the . � � .. _.`.� -:.. �v - . � ,� ORDINANCE N0. 280 (Continued) SQ.09. (Lieenses: Ownership) — Continued: licensee is a corporation, such liet ehall show all stock— holders, their resident address and the number of shares held by each� either personally or beneficielly Yor others. It shall be the duty of each licensee to notify the Gity Nanager of any change in legal ownership or beneficial interest i.n auch business or such shares. Any change of address or bene— ficial interest or stock entitled to be voted at any meeting of the stockholders of a corporate licensee Which results in voting control of the corporation 6y persons owning shares of stock therein shall be deemed equivalent to a transfer of the license issued to such corporation and any such license shall be revoked thirty (30j days after any such change o£ ownership or beneficial interest of shares unless the City Council shall have been noti£ied of such change in writing and shall have approved thereof. The Citq Council or any officer designated there6y may, at any reasonable time� esamine the stock trans— fer� record and the minute book of any corporate licenaee. 8k.10. (Flaces Ineligible} a) No license shall be granted for sale on any premise� where a licensee has been convicted of the aiolation oP thia Chapter or where any license hereunder has been revoked for cause until six (6) months have elapsed a£ter such conviction or revocation. $4.11. (Licensee Acco�dations) The premisea named ia the license shall at all times be open for inspection and examina— tion by any police or health officer of the City. . 81,.12.- (License not Transferable) Eaeh lieexise ahall be issued to the applicant only and shall not be transferable to another ' holder. Each license shall ba issued only to the premises des— cribed in the application. No license may be trans£erred to another place without the appmval of the Cit,y Covncil. _� 8l..13. �Mi�rs) It ahall be unlaw£vl for any: s) Peraon to procure intoxicating liquors Por any minor. b) Person to permit a minor to consume intoxicating liquors on the premises of said person. c) Minor to misrepresent his age for the purpose of obtaining set ups to use with intoxicating liquor. d) Minor to have in his possession any intoxicating 13quors. e) Club member under twenty—one (21) to be assigned a locker for the storage of intoxicating liquor� or to display or be permitted to display intoxicating liquor on "Bottle Club" premises. r g4.1Q. No licensee nor other peraon shall consume or displap� oT allow consumption or displey of intoxicating liquor on any Sunday between the hours of 1:00 A,M. and 12:OQ Ivaon, nor between the hours of 1:00 A.i�, and 8:00 P.M, on any election day in the dis— trict in which the election shall be held; and No sale shall be made between the hours of 1:00 A.M. and 8:00 A.M, or any week day, Mondaq through Saturday inclusive� or between the hours oi 1:00 A.M, and 3:00 F,M. on Memorial Day. All licensees shall be closed to the public starting not later than 1:3� o�clock A.M. until the time nerein provided as permissible for sales� consumption or display. No person other than employees shall be permitted within such establishments during the closed periods. . t ORDINANCE N0. 280 (Coatinued)" - 84.15. (Inspection) Any peace officer shall have the un- quali£ied right to enter, inspect and search the premises of the licensee urtder this Chapter during business hours without a search and seizure warrant. S1�.16. (Revocation) The violation of any pmvision of this Chapter by a licensee or agent� shall be grounds for revoca- tion or suspension of the license. Be£ore revoca.tion, the licensee shall be provided with written notice setting out the nature of the charges against the licensee and setting a date for hearing before the City Cpuncil� not less than eight (8) days from the service of said Notice. 84.17. (Exemption) The licensing fees o£ this Chapter shall not be applicable to non-profit service organizations� but they shall be bound by the other provisions of this Chapter, 8/,.18. (Penalty) Th3s Chapter shall constitute Chapter 84 of the City Code of the City of Fridle�r and all general provi- sions o£ the Gity Code, including Chapter 105 entitled "Penal- ties" shall apply to this Chapter. PASSED AND ADOPTED BY THE CITY COIINGIL OF THE CITY OF' FRIDLEY THIS 20TH DAY OF JULY, 1961�, , ATTEST: I V l i�lJ"1.• •: �_S( yi�.l�.aJ� CITY CL %^��- Marvin C, �runsall, Published:� July 29, 19bk �r�'�c,t,�:�a�.�� ��xy� MAYOR - Wi113am' . Nee �'