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HomeMy WebLinkAbout1077 - ADMIN Ordinance - City Council - 1969/09/29Original ORDINANCE NO. S SEPTEMBER 29, 1969 7A AN ORDINANCE RELATING TO LICENSING AND REGULATING SALES OF INTOXICATING LIQUOR AND AMENDING THE ST. LOUIS PARK ORDINANCE CODE, IN SECTIONS 2:1301, SUBD. (k) ENTITLED "DEFINITION OF TERMS;" SECTION 2:1303, ENTITLED "APPLICATION FOR LICENSES;" SECTION 2:1307, SUBDS (a), (b), (f) AND (m), ENTITLED " CONDITIONS OF LICENSE". THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. That Section 2:1301, Subdivision (k), of the St. Louis Park Ordinance Code entitled "Definition of Terms," is hereby amended to read as follows: Section 2:1301. Definition of Terms. (k) "Sunday sale" shall mean the sale of liquor by the glass for consumption 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 Subdivisions (a), (b), (f) and (m), of Section 2:1307 of the St. Louis Park Ordinance Code, entitled "Conditions of License" are 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 liquor shall be sold to any intoxicated person. No "on sale" dealer nor "Sunday sale" dealer shall sell liquor by the bottle or container 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. (b) No liqour shall be sold to any minor nor to any intoxicated person. No license shall be granted to a minor, and no minor shall be employed in any room constituting the place in which intoxicating liquors are sold retail at "on sale", except that persons under 21 years of age may be employed to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail "on sale". •- • • (f) 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 combination and "on sale" and "Sunday sale" in combination. "On sale" licenses may be issued for sale of intoxicating liquors in hotels, clubs, restaurants, and establish- ments 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 or clubs 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 intoxicating liquors. (m) It shall be a condition of every license heretofore or hereafter issued hereunder to a corporation, that the City Clerk be furnished by the licensee with a correct list of all stockholders of the corporation to whom the license is issued, and the number of shares held by each, either individually or beneficially for others; and it shall be the continuing duty of each corporate licensee to promptly notify the City Clerk of any change in ownership or beneficial interest of such shares, and the licensee shall pay an investigation fee of $100.00 for each such new stockholder, to be paid at the time of such notification. Any change of ownership or beneficial interest of shares of stock entitled to be voted at any meeting of the stockholders of such corporation which results in change in voting control of the corporation by the persons owning shares of stock therein and any change of the licensee's form of ownership from individual to corporation or partnership or other similar change, without adding new persons as shareholders or partners or individual owners, shall be deemed equivalent to a transfer of the license issued to such license and shall be processed in accordance with the requirements of Section 2:1306 for the granting of licenses. The fee therefor shall be $300.00 to be paid at the time of the notification. Any such license shall be revoked and terminated thirty days after any such change in ownership or beneficial interest of shares unless the City Council shall have been notified of such change in writing and shall have approved thereof. The City Council or any officer of the City designated by it may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify the names of stockholders and persons voting at meetings of such corporation, and the City Council may cancel and terminate any license issued hereunder to a corporation upon determination by the City Council that any change of ownership of stock in such corporate licensee has actually resulted in change of control of such corporation so as to materially affect the integrity and character of its management and its operation of an "on sale" or "bff sale" liquor business, provided that no such action shall be taken until after a hearing by the Council on thirty days notice to the licensee. -2- Section 3. That Section 2:1303 of the St. Louis Park Ordinance Code, entitled "Application for License" is 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. All fees required to be paid in connection with such licenses shall be paid at the time of filing of the application. In the event the appli- cation is denied all such fees shall be refunded, except that the sum of $500.00 or the sum of $100.00 for each owner of a partial interest in the ownership of, or beneficial interest in such proposed license, whichever is greater, shall not be refunded. Section 4. 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 three hundred dollars ($300.00) or by imprisonment for not to exceed 90 days, or both. Section 5. Effective Date. This ordinance shall take effect fifteen days after its publication. • Adopted by the City Council September 29, 1969. Attest: Reviewed fpr admjn'stration: City Manager a .r Approved as to form and legality: City Attorney -3- 6601 W. 78th St. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION Si. LOUISPARKSUN State of Minnesota t County of Hennepin SS. Bloomington, Minnesota W JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun 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 rve the City of St Louis Park in the County of Hennepin and it has its known office of ue in the City of Bloomington in said county, established and open during its regular business ours 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 15 a legal newspaper ORDINANCE NO. 1077 He further states on oath that the printed hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein m the English language, once each week, for 1 successive weeks; Thurs. that it was first so published on the 2 day of Oct. 6 9 19 and was thereafter printed and published on every to and including 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: abcdefghi jklmnopgrstuvwxyz abcdefghuklmnopgrstuvwxyz Subscribed and sworn to before me this (Notarial Seal) aY 0f rbara Samuelson, Notary Public, Ramsey County, Minn. Commission Expires November 8, 1971 (Official Publication) SEPTEMBER 29, 1969 7A ORDINANCE NO 1077 AN ORDINANCE RELATING TO LICENS- INC AND REGULATING SALES OF IN- TOXICATING LIQUOR AND AMENDING THE ST LOUIS PARK ORDINANCE CODE, IN SECTIONS 2 1301, SUBD (k) ENTITLED "DEFINITION OF TERMS," SECTION 21303, ENTITLED "APPLICATION FOR LICENSES," SECTION 2 1307, SURDS 1a), (b), (1) AND (m , TITLED "CONDI- TIONS OFNSE" THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 That Section 2 1301 Subdivision (k) of the St Louis Park Ordinance Code entitled "Definition of Terms,' is hereby amended to read as follows Section 21301 Definition of Terms Oil "Sunday sale' shall mean the sale of liquor by the glass for consumption 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 Subdivisions (a) Ib) (f) and (m) of Section 2 1307 of the St Louis Park Ordinance Code entitled 'Conditions of License are amended to read as follows Section 21307 Conditions of License (a) Every licensee shall be responsible for the conduct of his place of business and the conditions of sobnety and order therein No liquor shall be sold to any intoxicated person No ' on sale' dealer nor "Sunday sale' dealer shall sell li quor by the bottle or container for re- moval, from the premises No dealer, licensed for'off sale' only, shall per mit the consumption of any liquor on such licensed premises No dealer li- censed for "Sunday sale" shall sell li- quor on Sunday unless in conjunction with the serving of food (b) No liquor shall be sold to any minor nor to any intoxicated person No license shall be granted 1.0 a minor, and no minor shall be employed in any room constituting the place in which intoxicating liquors are sold retail at ' on sale' , except that persons under 21—yyeaars or --age may be employed to perform the duties of a busboy or dish- washing services in places defined as a restaurant or hotel or motel serving food in roans in which intoxicating h- quors are sold at retail "on sale" If Not more than one license of any class shall be granted to one person or to one management except "on sale" ' and "off sale" hcenses issued in com- bination and ' on sale" and sunday sale" in combination "On sale" licenses may be issued for sale of intoxicating hquors in hotels clubs, restaurants and establishments for 'on sale" of liquor exclusively "Off sale" licenses shall be issued only to propnetors of drug stores and exclutive liquor stores "Sunday sale" licenses may be issued only to establishments which are restaurants or hotels or clubs 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 intoxicating liquors (m) It shall be a condition of every license heretofore or hereafter issued hereunder to a corporation, that the City Clerk be furnished by the licensee with a correct list of all stockholders of the corporation to whom the license is issued and the number of shares held by each, either individually or beneficially for others, and it shall be the continuing duty of each corporate licensee to promptly notify the City Clerk of any change in ownership or bene- ficial interest of such shares, and the hcensee shall pay an investigation fee of 5160 00 for each such new stockholder, to be paid at the time of such notifica- tion Any change of ownership or bene ficial interest of shares of stock en- titled to be voted at any meeting, of the stockholders of such corporation which , results in change in voting control of the corporation by the persons owning shares of stock therein and any change of the licensee's form of ownership from individual to corporation or 'partnership or other similar change, without adding new persons as shareholders or partners or individual owners, shall be deemed equivalent to a transfer of the license issued to such license and shall be pro- cessed in accordance with the require- ments of Section 2 1306 for the granting of licenses The fee therefor shall be 130000 to be paid at the time of the notification Any such license shall, be revoked and terminated thirty days after any such change in ownership or beneficial interest of shares unless the City Council shall have been notified of such change in wnting and shall have I approved thereof The City Council or l any officier of the City designated by it may tat any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify the names of stockholders and persons voting at meetings of such cor poration, and the City Council may cancel and terminate any license issued hereunder to a corporation upon deter- Section 2 1303 Application for License Every person desiring a hcense for "on" '`off ' or "Sunday" sales shall file an application in such form as may be prescribed by the Stale 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 All fees required to be paid in connection with such licenses shall be paid at the time of filing of the application In the event the application is denied all such fees shall be refunded, except that the sum of 5500,00 or the sum of 510000 for each owner of a partial interest in the ownership of or beneficial interest in such proposed license, whichever is greater, shall not be refunded Section 4 Penalty Any person violating the provisions of this ordnance shall be guilty of a misdemeanor and upon convic- tion thereof shall be punished by a fine of not more than three hundred dollars (5300 00) or by imprisonment for not to exceed 90 days, or both Section 5 Effective Date- This ordinance shall take effect fifteen days after its pub- hcation Adopted by the City Council September 29, 1969 isILEONARDJ THIEL Mayor, Attest (s(EARLE HANSON City Clerk Approved as to form and legality H H BURRY City Attorney Reviewed for administration - CHRIS CHERCHES City Manager (Oct 2 1969)—SLP it I feel it Is especially 1 ,n polttis when you ind that e= pe Hence In 'orsvthe v- a have found 1 has an e, eptional rec- f eight veers of service 7ashington in the Legis - e field Assistant to late $enatcs-a- Ed ThNe and ,hief Counsel to the Senate 11 Business Committee in the Administrative ch as As.--ilstant Secretary HEW u' ceder President enhower � 7 hile never serv- WESTVOOD PTA A meeting of the Westwood umor High PTA will be held uesdav Cab4ct 7. at 7 30 p m 'here wilL be a ninth grade and cone rt a short busi- 1 d p a ORDINAMOE NO 1077 Entitled° AN ORD. RELATING TO LICENSING & REGULATING THE ST. LOUIS PARK ORD. CODE, IN SEC. 2:1301, SUBD. (k) ENTITLED "APPLICATION FOR LICENSES;" SEC. 2:1307, SUBDS "CONDITIONS OF LICENSE". Tntroduced by Date ='first Reading -Date 9-15-69 ar, ccnd Reading -tate 9-29-69 Vote: 'ublished Date Effective Date 10-17-69 Cede Reference Aye 10-2-69 Waived Waived N .y i) SALES OF INTOXICATING LIQUOR AND AMENDING ENTITLED "DEFINITION OF TERMS;" SEC. 3:1303 . (a) (b) (f) AND'_(m , ENTITLED • O Z 0 IL Affidavit of Publication ST. LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of and caution The reasons I,1 prefer Bob Forsythe at the moment are the same reasons s 1