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Ordinance No. 0405 11-04-1968� ��1 � ORDINANCE NO. 405 AN ORDINANCE RELATING TO LICENSING AND REGULATING THE USE AND SAL�; OF INTOXICATING LIQUORS BY CONGRESSIONALLY CHARTERED VETERANS ORGANIZATIOL3S AND TO PROVIDE PENALITES FOR VIOLATIONS THEREOF: THE COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOLLOWS: Section 1. Definitions. A. The term "Congressionally Chartered Veterans Organi- zations" shall mean those organizations which qualify for license under the terms of Minnesota Statutes, Chapter 340. B. The term "person" ahall mean and include a natural person of either sex, person, co-partnerships, corpo- rations, and associations of any persons, and shall include the agent or manaqer o£ any of the aforesaid. The singular number shall include the plural, and the ma�uline pronoun shall include the feminine and neuter. C. The term "on sale" means the sale of liquor by the glass for consumption on the premises only. Section 2. License Re4uired. No person or organization shall sell, deal in, or dispose o£ by gift, sale, or otherwise, and li�uor without £irst having obtained a license to do so from the City Council; provided, however, that this section shall not prohibit the giving or serving thereof to guests in a private home, shall not prohibit the sale thereof by a manufacturer or distributor to a person holding a license thereunder, and shall in no way af£ect the operation of the municipal liquor stores. Section 3. Licenses - Kind and to whom issued. "On sale licenses only" may be issued to Congressionally Chartered Veterans Organizations which have been in existence ior ten (10) years prior to January 1, 1966. Such organizations shall be issued for the sale of on sale liquors to members of the organization only. Section 4. Applications for licenses. All applications for licenses hereunder shall be made to the City setting forth all information necessary to show whether or not the applicant qualifies £or such a license under this Ordinance, together with such additional information as may be required by the City Council. Section 5. Licenses fees and liabilitv insurance. The license £ee for one year shall be One Hundred and no hundredths ($100.00) Do11aLS. A11 applications shall also be accompanied by a liability insurance policy which shall be in the amount o£ $50,000.00 coverage £or one person and $100,000.00 coverage for more than one person and shall speci£ically provide for the pay- ment by the insurance Company on behalf o£ the insured o£ all sums the insured shall become obligated to pay by reason of liability imposed upon it by law for injury or damage to persons other than employees, including the liability imposed upon the insured by Minnesota Statutes Section 340.95. Such liability insurance policy shall contain such other and additional pro- visions as provided by Minnesota Statutes Section 340.12. � v� . _ _ �__.- _ _� _.__. __ ._� _y _,_ --- ' � Ordinance No. 405 Continued. All licenses shall expire on the 30th day of April o£ each year in which said license is issued. A fee for renewal of any license issued under this Ordinance shall be paid to the City Clerk prior to the lst day of May of the year for which said license fee is required. Section 6. Applications investigated. 7.'he City Council shall cause an investigation to be made of all facts set forth in the application. Opportunity shall be given to any person to be heard for or against the granting of any license. After such investigation o£ the application, a license may be granted or refused at the discretion of tha City Council. Section 7. Terms and conditions of license. All licenses gzanted hereunder shall be issued subject to the following conditions, and all other conditions of this ordinance, and sub- ject to all other Ordinances of the City applicable thereto: A. The license shall be posted at all times in a con- spicuous place on the licensed premises. B. No sale of any liquor will be made to any person under guardianship nor to any person under 21 years of age. C. No gambling nor any gambling device prohibited by law shall be permitted in any licensed premises. D. Al1 licenses granted under this Ordinance shall be issued for the premises designated in the application. Such license sha11 not be transferred to another place with- out approval of the licensinq authority. E. No license shall be granted within six hundred (600) feet of any public school nor within six hundred (600) feet of any church. F. 7'he licensed premises shall be open to inspection by any police or health officer or other properly desig- nated officer or employee of the City at any time during which the club shall be open to its members for busi- ness. G. The sale of restricted license. intoxicating liquor under such license is to members of the club which holds the H. `I.'he licensee shall strictly observe all of the laws relative to the "on sale" of intoxicating liquor as set forth in the Minnesota Statutes, together with all the rules and regulations of the State Liquor Control Commission insofar as they are applicable. I. The liability insurance policy as required by this Ordinance shall be in Pull £orce and ei£ect during the term oE any license granted hereunder. Section 8. Sa1es to intoxicated Persons prohibited. No ' licensee shall sell or serve such liquor to any intoxicated person or persons or permit any intoxicated person or persons to remain upon the premises occupied by the holder of such license. � , � Ordinance No. 405 Continued. Section 9. Disorderly conduct prohibited. No person or persons shall conduct himself or themselves in a disorderly or boisterous manner uPon the premises o£ a licensee holding an "on sale" license, nor sha11 such licensee permit or suffer such canduct upon such licensed premises. � SectiDn 10. Revocation of licenses. Any license granted hereunder may be revoked by the City Council for cause. Cause for revokation shall be violation by the licensee or its emp- loyees of any law of the State of Minnesota relating to intoxi- cating liquor or violation by the licensee or its employees of any provision or condition of this ordinance. A license shall be deemed revoked upon the passage of the City Council of a resolution to that effect, and no portion of the license fee paid shall be returned upon revocation. ' �J 6 Section 11. Repeal. All ordinances or parts of ordinances of this City inconsistent herewith are hereby repealed. No pro- vision hereof shall affect the municipal liquor stores. Section 12. Penalties. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than One Hundred and no hundredths ($100.00) Dollars or imprisonment in the County Jail for not more than Ninety (90) days. PASSED BY THE CITY COUNCIL OF THE CITSC OF FRIDLEY, THIS 4TH DAY OF NOVEMBER, 1968, �,�< � ���... R - JACK O. KIRKHAM ATTEST: ` ... �,��..t.�,�t.�./ ' CITY CLERK - MARVIN C. BRUNSELL . First Reading: october 21, 1968 Second Reading: November 4, 1968 Publish.......: November 13, 1968 � ��e � � �