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Ordinance No. 0647 05-16-19774., ORDINANCE N0. 647 �. , i .,� AN ORDINANCE ESTABLISHING CHAPTER 602 OF THE FRIDLEY CITY CODE ENTITLED "BEER LICENSING" AND REPEALING THE PRESENT CHAPTER 602 ENTITLED "BEER LICENSING" IN ITS ENTIRETY; AND AMENDING CHAPTER 11, SECTION 11.10 OF SAID CODE RELATING TO LICENSE FEES THE CITY COUNCIL OF THE CITY Of FRIDLEY dOES ORDAIN AS FOLLOWS: SECTION 602.01 Difinition of Terms Subdivision 1. Beer. As used in this ordinance, "beer" or "non-intoxicating malt liquor" means any malt beverage with an alcoholic content of more than one-half of one percent by volume and not more than three and two-tenths percent by weight. Subdivision 2. Tavern. "Tavern" means an establishment for the sale of beer, cigars, cigarette a 1 farms of tobacco, beverages, and soft drinks sold at retail for consumption on the premises. Subdivision 3. Entertainment. Entertainment as herein used is defined to include, but not be limited to, music, singing, plays, dancing either by the public or performers, motion pictures, exposition, performances, male or female reviews, fashion shows, TU other than regular public channels, concerts, or any other deliberate act intended to amuse or entertain patrons and/or employees. SECTION 602.02 License Required Subdivision 1. Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the city without first having received a license as hereinafter provided. Licenses shall be of three kinds: (1) Regular "on-sale"; (2) Temporary "on-sale"; (3) "Off-sale". Subdivision 2. Regular On=Sale. Regular "on-sale" licenses shall be granted only to bona fide clubs, taverns, exclusive "on-sale" liquor stores, restaurants, and hotels where food is prepared and served for consumption on the premises. � "On-sale" licenses shall permit the sale of beer for consumption on the premises only. Subdivision 3. Tem orary "On-Sale". Temporary "on-sale" licenses shall be granted only to bona ide c uhs and charitable, religious, and non-profit organi- zaiions for the sale of beer for consumption on tf�e premises onTy. Said temporary licenses shall be granted upon written application to the city council upon forms provided by the city. The provisions of Chapter 87, Fridley City Code, as applicable, shall be observed by said non-profit organizations. Subdivision 4. Off-Sale" "Off-sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. SECTION 602.03 License Applications Every application for a license to sell beer shall be made to the city clerk on a form supplied by the city and containing such information as the clerk or the city council may require. It shall be unalwful to make any false statement in an application. SECTION 602.04 License Fees Subdivision l. Payment Required. Each application for a license shall be accompanied by a receipt from the city treasurer for payment in fuTi of the required fee for the license. All fees shall be paid into the general fund of , the city. Upon rejection of any app]ication for a license, the treasurer shall refund the amount paid. Subdivision 2. Expiration; Pro Rata Fees. Every license except a temporary license shall expire on the last day of April of each year. Each 7icense except a temporary license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. A temporary license sha17 be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the license. - �Ordinance No. 647 (Con't) ' Page 2 �`��j Subdivision 3. Fees. Every "on-sale" license shall include an "off-sale" license. Each "on-sale" license fee shall include an "off-sale" license at no additional expense. The annual and temporary license fees and initial investigation fee shall be as provided in Chapter 11 of this code. SECTION 602.05 Grantinq of License Subdivision 1. Investigation and Hearing. The city council, or its authorized agent, shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of initial "on-sale" license. After such investigation and hearing, where applicable, the council shall grant or refuse the application in its discretion. Subdivision 2. Transfers. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the council. SECTION 602.06 Persons Ineligible for License No license shall be granted to or held by any person who: (1) Is under 19 years of age; (2) Has, within five years prior to the application for such license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquors or beer, and cannot show competent evidence under Minnesota Statutes, Section 364.03, of sufficient rehabilitation and present fitness to perform the duties of a 6eer license; (3) Is a manufacturer of beer or is interested in the control of any place where beer is manufactured; (4) Is not of good moral character and repute; if the applicant has been an owner, mana9er, or employee of a saloon, hotel, restaurant, cafe, tavern, or other business of a similar nature, the city council may consider the applicant's past performance record in determining whether a license shall be granted or renewed. (5) Is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place, unless there has also been issued to him a local license to sell intoxicating liquor at such place; or (6) Is not the proprietor of the establishment for which the license is issued. SECTION 602.07 Places Ineligible for License Su6division 1. Distance from Sehools and Churches. No license shall be granted for any place within 300 feet of any public or parochial school or within 300 feet of any church. In applying this restriction, the distance shall be measured in a strai9ht line from the school or church building to the main public entrance of the premises described in the application. Subdivision 2. No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the city are delinquent and unpaid. SECTION 602.08 Conditions of License Subdivision 1. General Conditions. Every license shall be granted su6ject to the conditions in the following subdivis�ons and all other provisions of this ordinance and of any other applicable ordinance of the city or state law. Subdivision 2. Sales to Minors or Intoxicated Persons. No beer shall be sold or served to any intoxicated person or to any person under 19 years of age. Subdivision 3. Consumption by Minors beer on the licensed premises. Subdivision 4. Employment of Minors the premises of a tavern. No minor shall be permitted to consume No person under 19 shall be employed on ' � � , � `���:.+ n- _ .- :.J Ordinance No. 647 (Con't) Page 3 Subdivision 5. Gambling. on any licensed premises. No gambling or any gambiing device shail be permitted Subdivision 6. Interest of Manufacturers or Wholesalers. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes. Section 340.031. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to 1aw from a manufacturer or whoiesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail 7icensee. Subdivision 7. Liquor Dealers' Stamp. No licensee shall sell beer while holding or exhibiting in the licensed premises a federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota tosell intoxicating liquors. Subdfvision 8. Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor and who does not hold a"public drinking place ]icense" shall sel] or permit the consumption and display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicatin9 liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating iiquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance. Subdivision 9. �Ins e�ction. Any police officer or health inspector may enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors and other evidence of violations found onthp licensed premises in violation of this ordinance. Subdivision 10. Licensee Responsibility. Every licensee shall be responsible for the conduct of his place of business and sha71 maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this ordinance equally with the snployee. SECTION 602.09 Hours. Subdivision 1. Closing Hours. No sale of beer shall be made on any Sunday between the hours of 1c00 a.m. and 12:00 noon, nor between the hours of 1:00 a.m. and 8:00 p.m. on the day of any statewide election. No sale shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any other day. Subdivision 2. Remainin on Premises. It sha17 be unlawful for any persons or customers, other than the icensee or his employees, to remain on the premises after 1:30 a.m. There shall be no consumption by any persons, including the licensee or his employees, after 1:30 a.m. SECTION 602.10 Clubs. No club shall sell beer except to members and to guests in the company of inembers. SECTION 602.11 Restrictions on Purchase and Consumption. Subdivision l. Age Misrepresentation the purpose of obtaining beer. Subdivision 2. Inducing Purchase or procure beer. No minor shall misrepresent his age for No person shall induce a minor to purchase Ordinance No. 647 Page 4 ,. Z���. Subdivision 3. Procurement. No person other than the parent or legal guardian shall procure beer for any minor. Subdivision 4. Possession. No minor shall have beer in his possession with the intent to consume it at a place other than the household of his parent or guardian. Subdivision 5. Comsumption: No minor shall consume beer on the licensed premises. 5ubdivision 6. Liquor Consumption and Display. No person shall consume or display any intoxicating �iquor on the premises of a licensee unless said licensee is also licensed to sell intoxicating liquors or holds a"public drinkin9 place license". SECTION 602.12 Entertainment License Required. No person operating an establishment in the business of selling, permitting to be displayed or consumed, an intoxicating liquor or non-intoxicating malt liquor, shall permit any entertainment on the premises without having secured a license to permit such entertainment from the city council. SECTION 602.13 Revocation. The violation of any provision or condition of this ordinance by a beer licensee or his agent is ground for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. In all other cases, except where mandatory revocation is provided by law without notice and hearing and except where suspension may be made without a hearing, the holder of the license shall be granted a hearing upon at least 10 days notice before revocation or suspension is ordered. The notice shall state the time and place of the hearing and the nature of the charges against the li;censee. SECTION 602.14 Investigation Fee. Chapter 11 of the city code shall be amended by striking the reference to a $25.00 transfer fee. The Chapter 11 shall be further amended by addin9 the following: Code # Subject Fee 602 On Sale Beer 35.00 Investigation Fee SECTION 602.15 Repeal. Chapter 602 of the Fridley City Code is hereby repealed. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF MAY, 1977. ��� � MAYOR - WILLIAM J. NEE ATTEST: %�/I�l ��:�..� c . r��e.c CIT C ERK - MARUIN C. BRUNSELL First Reading: May 2, 1977 Second Reading: May 16, 1977 Publish.......: May 25, 1977 ' '