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HomeMy WebLinkAbout1011 - ADMIN Ordinance - City Council - 1967/11/20original ORDINANCE NO. 1011 AN ORDINANCE, RELATING TO LICENSING AND REGULATING SUNDAY SALES OF INTOXICATING LIQUOR PURSUANT TO CHAPTER 691, LAWS OF 1967, Ni. S.A. 340. 14, SUBD. 4, AND AMENDING THE ST. LOUIS PARK ORDINANCE CODE, IN SECTIONS 2:1301, SUBD. (k) ENTITLED "DEFINITION OF TERMS;" SECTION 2:1302, ENTITLED, "LICENSE REQUIRED;" SECTION 2:1303, ENTITLED "APPLICATION FOR LICENSES;" SECTION 2:1304, ENTITLED, "BOND", FIRST PARAGRAPH; SECTION 2:1305, ENTITLED, "FEES:" SECTION 2:1306, ENTITLED, "GRANTING OF LICENSES, " SECOND PARAGRAPH; SECTION 2:1307, SUBDS. (a) AND (f) AND (k), ENTITLED CONDITIONS OF LICENSE" and SECTION 2:1308, ENTITLED "HOURS OF OPERATION". CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. That Section 2:1301 of the St. Louis Park Ordinance Code is hereby amended by adding thereto subdivision (k) which shall be as follows: Section 2:1301. -Definition of Terms. (k) "Sunday sale" shall mean the sale of liquor by the glass to persons who are seated at tables for con- sumption on the premises, in conjunction with the serving of food by the licensee, pursuant to a special license therefor issued by the city as authorized by State Law. Section 2. That Section 2:1302 of the St. Louis Park Ordinance Code en- titled "License Required" shall be amended to read as follows: Section 2:1302. License Required. No person shall, directly or indirectly, upon any pretense or by any device manufacture, import, sell, exchange, barter, dispose of, or keep for sale, any intoxicating liquor, without first having obtained a license therefor as hereinafter provided. Licenses shall be of three kinds: "on sale", "off sale", and "Sunday sale" which shall be granted only for the purposes permitted by the statutes of the state and the ordinances of the City of St. Louis Park. "On sale" licenses shall permit the sale and consumption of liquor on the licensed premises only. "Off sale" licenses shall be granted to permit the sale of liquor at retail in the original package for consumption off the licensed premises only. "Sunday sale" licenses shall permit the sale and consumption of liquor on the licensed premises oply. • \ Section 3. That Section 2:1303 of the St. Louis Park Ordinance Code, en- titled "Application for License" shall be amended to read as follows: Section 2:1303. Application for License. Every person desiring a license for "on", "off" or "Sunday" sales shall file an application in such form as may be prescribed by the State Liquor Control Commissioner and with such additional information as the City Council may require. The application for a "Sunday sale" license may be included on an application for an "on sale" license. Section 4. That Section 2:1304 of the St. Louis Park Ordinance Code, en- titled "Bond", in the first paragraph thereof prior to setting forth the conditions of such bonds, shall be amended to read as follows: Section 2:1304. Bond. A bond with corporate surety shall accompany each application for a license. If the application is for a "Sunday sale" special license, such bond requirement may be met by a separate bond or by the inclusion thereof in an existing "on sale" bond when accompanied by a proper endorsement, certificate, or other evidence of such inclusion. In the case of an application for an "on sale" or a "Sunday sale" license, the application shall be accompanied by a corporate surety bond in the sum of $4,000.00, or an endorsement as aforesaid, to be approved as to legal form by the attorney for the City, and as to sufficiency by the Council; or in lieu of such bond, cash or bonds of the United States of a market value of $4,000.00 may be deposited with the City Treasurer on the same conditions as provided in the penalty clause of the required surety bond. In the case of an application for an "off sale" license a similar surety bond or cash or United States bond equivalent shall be required but the amount of such bond shall be $2,000.00 and shall be approved by the Commissioner. * * *" Section 5. That Section 2:1305 of the St. Louis Park Ordinance Code, en- titled "Fees" shall be amended to read as follows: Section 2:1305. Fees. The annual license fee for an "on sale" license shall be Three Thousand Dollars ($3,000.00) payable in two equal installments in advance, and a receipt for the first shall accompany the application for issuance or renewal of the license; the second installment shall be payable on or before the first day of July of each year. When any "on sale" license is issued for an unexpired portion of a license year, the fee shall be pro -rated and a receipt from the City Treasurer for the portion of the license fee due shall accompany the application, provided the minimum thereof shall be One Thousand Five Hundred Dollars ($1, 500. 00). Failure to pay the second installment of the license fee promptly when due shall be cause for revocation -2- e of any "on sale" license, without notice. The annual license fee for an "off sale" license shall be Two Hundred Dollars ($200. 00). The annual license fee for a special "Sunday sale" license shall be Two Hundred Dollars ($200. 00). The annual fee for an "on sale" license issued to a Club as authorized by Chapter 269, Laws 1961 Regular Session, Minnesota Statutes, Section 340. 11, Subd. 6, shall be One Hundred Dollars ($100. 00). All licenses shall expire on the 15th day of December each year. Section 6. That the second paragraph of Section 2:1306, entitled "Granting of Licenses" shall be amended to read as follows: Section 2:1306. Granting of Licenses. "* * * No license for sale of intoxicating liquor "on sale", "off sale" or "Sunday sale" shall be hereafter granted by the City Council, unless such license shall be a renewal of a license pre- viously granted at the same location to the same licensee, until a public hearing shall have been conducted by the City Council after two weeks' published notice in the official newspaper, and three copies of said notice have been posted in public places in the vicinity of the premises to be licensed at least ten days before said hearing. " Section 7. That Subdivisions (a), (f), and (k) of Section 2:1307 of the St. Louis Park Ordinance Code, entitled "Conditions of License" shall be amended to read as follows: Section 2:1307. Conditions of License. "* * < (a) Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order therein. No "on sale" dealer nor "Sunday sale" dealer shall sell liquor by the bottle or con- tainer for removal from the premises. No dealer licensed for "off sale" only shall permit the consumption of any liquor on such licensed premises. No dealer licensed for "Sunday sale" shall sell liquor on Sunday unless in conjunction with the serving of food, and -3- (f) provided further that no liquor shall be served on Sundays other than to persons who are seated at tables. Not more than one license of any class shall be granted to one person or to one management except "on sale'' and "off sale" licenses issued in comb.- , nation and "on sale" and "Sunday sale" in combination. "On sale" licenses may be issued for sale of intoxi- cating liquors in hotels, clubs, restaurants and estab- lishments for "on sale" of liquor exclusively. "Off sale" licenses shall be issued only to proprietors of drug stores and exclusive liquor stores. "Sunday sale" licenses may be issued only to establishments which are restaurants or hotels as defined in Section 2:1301 of the St. Louis Park Ordinance Code, having facilities for serving food for not less than 30 guests at one time, and to which "on sale" licenses have been issued or may be issued hereafter for the sale of in- toxicating liquors. (k) No intoxicating liquor shall be drunk or consumed on the licensed premises between the hours of one o'clock A. M. and six o'clock A. M. on any day nor on Sunday at any tin -ie except between twelve o'clock noon and twelve o'clock midnight under a special "Sunday sale" license, nor between the hours of one o'clock A. M. and three o'clock P. M. , on any Memorial Day nor between the hours of one A. M. and eight o'clock P. M. on any election day in the City, provided, however, on any primary election day when one or m, -re wards shall have no election conducted therein, such sale and consumption shall not be prohibited hereby in those wards waere there is no election to be conducted, and during said hours and at said times no intoxicating liquor in any quantity whatsoever shall be served, kept, displayed, or permitted to be on or in any table, booth, bar or other place in such licensed premises, except the stock of liquors stored therein during such times on the premises in such portions thereof as are accessible only to the licensee and his employees. Section 8. That Section 2:1308 of the St. Louis Park Ordinance Code en- titled "Hours of Operation" shall be amended to read as follows: Section 2:1308. Hours of Operation. Except as hereinafter provided for "Sunday sale" licenses, no sale of intoxicating liquor shall be made after one o'clock A. M. on Sunday nor until eight A. M. on Monday, nor between the hours of one o'clock A. M. and three o'clock P. M. on any Memorial Day, nor between the hours of one A. M. and eight o'clock P. M. on,any Election day in the City. No "on sale" shall be made between the hours of one o'clock A. M. and eight o'clock A. M. of any weekday. Sales under a special "Sunday sale" license may be made on Sunday between twelve o'clock noon and twelve o'clock midnight. No "off sale" shall be made on Sunday nor before eight o'clock A. M. or after eight o'clock P. M. of any weekday except Saturday, on which day "off sale" may be made until ten o'clock P. M. No "off sale" shall be made on New Years Day, January 1; Memorial Day, May 30; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25, but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, "off sales" may be made until ten o'clock P. M. , except that no "off sale" shall be made on December 24 after eight o'clock P. M. Section 9. Penalty. Any person violating 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 dollars or by imprisonment for not to exceed 90 days. Section 10. Effective Date. This ordinance shall take effect fifteen days • after its publication. Attest: City Clerk Reviewed f i City Manager Adopted by the City Council November 20, 1967. istration: -5- May Approved as to form and legality: / City Attorney (Official Publication) ORDINANCE NO. 1011 AN ORDINANCE RELATING TO i ICENSING AND REGULATING SUUNDAY SALES OF INTOXICAT- ING LIQUOR PURSUANT TO CHAPTER 691, LAWS OF 1967, M.S.A. 340.14, SUBD. 4, A N D AMENDING THE ST. LOUIS PARK ORDINANCE CODE, IN SECTIONS 2:1301, SUBD. (k) EN• TITLED "DEFINITION OF TERMS;" SECTION 2:1302, EN- TITLED, "LICENSE RE- QUIRED;" SECTION 2:1303, EN- TITLED "APPLICATION FOR LI- CENSES:" SECTION 2:1304, EN- TITLED, "BOND", FIRST PARA- 3,RAPH; SECTION 2:1305, EN- CITLED, "F E E S;" SECTION :1306, ENTITLED, "GRANTING )F LICENSES," SECOND PARA- dRAPH; SECTION 2:1307, SUBDS. a) AND (f) AND (k), ENTITLED CONDITIONS OF; LICENSE" and SECTION 2:1308, ENTITLED "HOURS OF OPERATION". CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. That Section 2:1301 of the St. Louis Park Ordinance Code is hereby amended by adding thereto subdivision (k) which shall be as follows: Section 2:1301. Definition of Terms. (k) ksale" shall mean the "Sunday f liquor by the g ass to persons who are seated at tables for consumption on the premises, in conjunction with the serving of food by the li- censee, pursuant to a special license therefor issued by the city as authorized by State Law. Section 2. That Section 2:1302 of the St. Louis Park Ordinance Code entitled "License Required" shall be amended to read as follows: Section 2:1302. License Required. No person'' shall, directly or in- directly, upon any pretense or by any device manufacture, im- port, sell, `-exchange, barter, dis- pose of, or keep for sale, any intoxicating liquor, without first having obtained a license there- for as hereinafter provided. Li• censes shall be of three kinds: "on sale", "off sale"; and "Sun- day sale" which shall be granted only for the purposes permitted by the statutes of the state and the ordinances of the City of St. Louis Park. "On sale" licenses shall per mit the sale----and--consurnistiora+-: of liquor on the licensed prem ises only. Of sale" licenses shall be granted to, permit the sale of liquor at retail in the original package for consumption off the licensed premises only. "Sunday sale" licenses shall permit the sale and consumption Of liquor on the licensed prem. ises only.. Section' 3. That Section 2:1303 of the St. Louis Park Ordinance Code entitled "Application for License" shall be amended to read as fol- lows: ,.Section 2:1303. Application for Li. cense. Every person ,desiring a license for "on", "off" or "Sun- day" sales, shall file an applica- tion in such' «form' as may be prescribed y the State Liquor Control 'Commissioner and with Such additional information as the City Council may require. 4The application for a "Sunday sale" , license may be included on ap)llicatiotX„fpr an "on sale” license *Section 4. That "Section 2:1304 of tbVSt, Louis Park Ordinance Code, ttitled, 'Bop : inthe first para. Ph -thereof 'ardor V setting forth ognditions of `such bonds, shall 9mended- to read as follows: n 2:J304 Bond. A bond with orate surety shall' accom- each application for a li- e: If the application is for a nd'ay. sale" special license, bond requirement may be by -,a separate bond or by elusion thereof in an exist - "on sale" bond' when ac- pantedy a proper endorse - t, - certificate: or other evi. ce ,of 'such, inclusion. In the of . an aptilication for an "on sake" ,or a "Sunday sale" nse, .the applie;2,tioh shall be aomptinied -by a; -corporate sur. bond in the slim' of $4;000.00, AFFIDAVIT OF PUBLICATION St. Louis Park Dispatch 12 Suburban Square State of Minnesota County of Hennepin SS. Hopkins, Minnesota W. JOHN BERTRAM, being duly sworn, on oath says he is and during all the times herein stated has been the general manager and printer of the newspaper known as The St. Louis Park Dispatch and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve"and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements, (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of St. Louis Park in the County of Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed (rid' ..lr ;; X`l hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for successive weeks; that it was first so published on -®.. .. the .... day of and was thereafter printed and published on every • • 19. to and including shall sell liquor by the bottle or container for removal from the premises. No dealer li• tensed for "off sale" only shall permit the consumption, of any liquor on such licensed. premises. No dealer licensed for "Sunday sale" shall sell liquor on Sunday unless in conjunction with the serving. of food, and provided further that no liquor shallbe served on Sundays other than to per- sons who are seated at tables. (f) Not more than one license of any class shall be granted to one person or to one man- agement except "on sale- and "off sale"' licenses issued in combination and "on sale" and "Sunday sale" in comhi nation. "On sale" licensesmay be issued for sale of intoxi- cating liquors in hotels; clubs, restaurants and establishments for "on sale" of liquor exclus- ively. "Off xclus-ively"Off sale" licenses shall be issued only to, proprietors' of drug stores and exclusive liquor stores. "Sunday sale" licenses ' may he issued only to establishments which are restaurants or hotels as de- fined in Section 2:1301 of the St. Louis Park Ordinance Code, having facilities ' for serving food for not less than 30 guests at one time, and to which "on sale" licenses have been issued or may be issued hereafter for the sale of in- toxicatingaiquors. (k) No intoxicating liquor shall he drunk or consumed on the licensed premises between the hours-of`one o'clock a.m. and six o'clock a.m. on any day nor on Sunday at any time except between twelve o'clock noon and twelve o'clock mid- night under a special "Sunday sale"license, nor between the hours of one o'clock a.m. and three o'clock p.m., ' on any Memorial Day nor between the hours of one a.m. and eight o'clock p.m. on any elec- tion day in the City, provided, however, on any primary elec- tion day when one or more wards ishall have no election conducted therein, such sale and consumption shall not be prohibited hereby in those wards where there is no elec- tion to be conducted, and our-, ing said hours and at said -time s_no l ntoxic ati n g-li n u n s in any quantity whatsoever shall he served, kept, displayed, or permitted to be on or in any table, booth, bar or other place in such licensed premises. ex- cept the stock of liquors stored. therein, during such times on the premises in such portions thereof as are accessible only to the ' licensee and his em- ployees. Section St. Louis Park Ordinance Code 8. That Section 2:1108 of entitled "Hours of,Operation'° shall be amended to read as follows: Section 2:1308. Hours of Opera- tion. Except as hereinafter pro- vided for "Sunday sale" licenses, no sale of intoxicating liquor shall be made after one n'clock a.m. on . Sunday nor until eight a.m. on -Monday, nor between the hours of one o'clock a.m. and three o'clock p.m. on any Memorial Day, nor between the hours of one a:m and eight o'clock p.mon any Election day in the City; No "on sale" shall be made between the hours of one o'clock a.m. and eight o'clock a.m, of any weekday. Sales under a special "Sunday sale" license may be made on Sunday between twelve o'clock ..noon and twelve o'clock mid- night. No "off sale" shall be made on Sunday nor before eight o'clock a.m. or after eight o'clock p.m. of any weekday except Saturday, on which day "off sale" may be made until ten' o'clock 'p.m. No "off sale" shall be made on New "ears Day, January' 1; Memorial Day, May 30; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25, but on the evenings preceding such days, if the sale Of liquor is not other- wise prohibited on such evenings, "off sales" may be made until ten o'clock p.m., except that no tat# endersement ,as aforesaid, "off sale" shall be made ,on De - e"1 "approved as to legal formcember 24 after eight o'clock ',the attorney forthe City, !Section 9. Penalty- .Any person and `,, to .sufficienofcyuch by the violating the provisions of this or t in Dieµ bond I dinance shall'be guilty.of a mis- n ter ,pf a ,, markf tile. United et , value of demeanor and upon conviction 4 000.00 IneY be deposited with thereof shall be punished by a fine e Citic, Treeslarer- on' the same of not more than one hundred dol- ondition-s aa provided in the lays or by imprisonment for not $ f the required to exceed 90 days. application for an off sale li- cense 'a `similar surety bond or cash or'United States -bond equiv-' alent shall' be required but the ft, ',amount of such bond shall be $2,000.00 and shall be approved Y ;;by ' the Commissioner. Section' 5. That Section,2:1305 of the St. Louis Park` Ordinance Code. entitled "Fees" shall'be amended' to read as follows: Section 2:1305 Fees. The annual -- fee 'for " - fln sale". -license _Reviewed for , shall be Three: payable In Thousand Dollars administration: ($3,000.00) payable in two equal (S)C. D. ANDRE, installments in . advance, and a :City Manager ' receipt for the first shall,acance (Nov. 22; 1967)—D -2A a pang the application for issuance_ ' '- or renewal of the license: the second installment shall be pay; able on; or before the first day of July of each year. When any. "or' sale" license is issued for an unexpired portion of a' license year, the fee `shall be pro -rated and a receipt"from the City Treasurer for the portion of the license fee clue shall accompany' the application,; provided t h e s minimum thereof shall' be One - Thousand Five -.Hundred. Dollars'. '.($1,500.00). Failure to pay - the second' installment of the license fee promptly when due shall be cause for - revocation of any "on sale" license, without notice. The annual; license fee for an "aft • sale " license shall be Two Hundred Dollars', ($200:00). The annual license fee for a special: "Sunday sale" license shall be Two Hundred' Dollars ($200,00). The annual fee for an "on sale" license issued to a Club as authorized by Chapter 269, Laws 1961: Regular Session, Min- nesota Statutes, Section 340.11, Subd. 6, shall: be One '.Hundred Dollars ($100.00). All licenses:shall expire on the 15th_ day of December each year.. a Trap f Section 2:1306s- entitled 'Granting of Isicenses" shall be amended to read as'follows: of Li. Section, 2:1306. Granting tenses. - **No 'license for sale of in- toxicatin , liquor "on sale",- i "off salt" or "Sunday sale" , shall be hereafter granted by . the City Council, unless such li- l cense shall be a renewal of a license previously granted at the same location, to the same li-'I! . censee, until a public heading shall have ` been conducted ' by the City Council after two weeks' published notice in the official newspaper, and three copies <of said notice have been ;posted in public places- in the vicinity of the premises to 'be ` licensed at least ten `days before said heal- Section 7. That Subdivisions (a), f), and (k) of Section 2:1307 of he St. Louis Park Ordinance ;ode, 'entitled -"`Conditions of Li- 1 Dense" shall'be- amended to read as follows: ' - Section 2:1307. Conditions of Li- cense."*** (a) Every licensee shall be re- sponsible for the conduct of his place of business and the conditions of sobriety' and or- der therein.' No "on sale" deal- er nor "Sunday sale" dealer penalty ,elan e, o e requ re fSection 10. Effective Date. .This surety bonds` In ;the case of a• n ordinance shall take effect fifteen days after its publication. Adopted by the City Council No- vember 20, 1967. (S)LEONARD J.Mayor Attest: (S)EARL E. HANSON, City Clerk Approved as to form and legality: H. H. BURRY, City Attorney` the day of . 19 . and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being, the size and kind of type used in the composition and publication of said notice, to wit: ab c def ghijklmn opgrstuvwxyz Subscribed and sworn to before me this 22rld.. day of (Notarial Seal) Alice J. Nelson, Notary Publics Hennepin County, Minn. My Commission Expires December 26, 1973 1 • ORDINANCE NO. 1011 r.:ntitled• AN ORDINANCE RELATING TO LICENSING AND REGULATING SUNDAY SAT,FS OF' INTOXICATING LIQUOR PURSUANT TO CHAPTER 691, LAWS OF 1967, M.S.A. 340.15, SUBD. 4, AND ENDING THE ST. LOUIS PARK ORDINANCE CODE, IN SEC. 2:1301, SUBD. (k) ENTITLED "DEFINITION OF TERMS;" SEC. 2:1302, ENTITLED, "LICENSE REQUIRED;" SEC. 2:1303 ENTITLED "APPLICATION FOR LICENSE15;" SEC. 2:1304, ENTITLED "BOND" FIRST PARAGRAPH; SEC. 2:1305, ENTITLED, "FEES;" SEC. 2:1306, ENTITLED, "GRANTING OF LICENSEE, SECOND PARAGRAPHS WC. 2:1307, SUBD:at(0) AND (f) AND (k), ELNTTITLED CONDITIONS OF LICENSE" and SEC. 2:1308, ENTITLED "HOURS OF OPERATION". :irct 'eadi,_g-Date ."- /--6?Vlaived Reding -ate(/ -2-i. ' Ur/Waived it A -ie �r - e / / - -23 - 7 ��i et,ve Da,Ls p -dP. ReferP!]r'e