HomeMy WebLinkAbout1118 - ADMIN Ordinance - City Council - 1970/08/17•
ORDINANCE NO. 1118
AN ORDINANCE RELATING TO THE LICENSING AND REGULATION OF
SALES OF INTOXICATING LIQUOR, AMENDING THE ST. LOUIS PARK
ORDINANCE CODE SECTION 2:1303, ENTITLED "APPLICATION FOR
LICENSE", SECTION 2:1306, ENTITLED "GRANTING OF LICENSES";
SECTION 2:1307, ENTITLED "CONDITIONS OF LICENSE"; SECTION
2:1308, ENTITLED "HOURS OF OPERATION", AND SECTION 2:1313
ENTITLED "TRANSFER OF LICENSE"
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. Section 2:1303 of the St. Louis Park Ordinance Code
entitled "Application for License" is amended to read:
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 that the application is denied all such
fees shall be refunded, except that if the application is for an "on sale"
license 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 2. Section 2:1306 of the St. Louis Park Ordinance Code is
amended to read:
Section 2:1306. Granting of License. The City Council shall
investigate all representations set forth in an 'application and shall
conduct a public hearing. Two weeks' published notice of the hearing
shall be given in the official newspaper at least ten days before the
hearing. After the investigation, the public hearing, and approval
of the bond, the City Council shall grant or refuse the license at its
discretion, except that no "off -sale" license or transfer of an "off -sale"
license will be effective until it, together with the bond, has the
approval of the state liquor control commissioner.
Section 3. Section 2:1307 of the St. Louis Park Ordinance Code is
amended, by revising subsections b, h, k and m and adding subsection
n, to read:
Section 2:1307. Conditions of License.
(b) No minor shall be:
1. Sold liquor;
2. Granted a liquor license;
•
3. 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"; provided that no busboy or dishwasher under 21
years of age may be employed to perform duties behind a bar or service
counter from which intoxicating liquors are sold or dispensed.
4. Allowed on a licensed premises except as otherwise
provided in this section or except in the dining area of a restaurant or
hotel for the purpose of consuming food.
(h) Every licensee shall be deemed to have given consent
to an examination and inspection of every part of the premises at all
times by any police, fire or health officer of the city. Refusal to
allow such inspection or to answer the request of city police, fire or
health officer to be admitted to a licensed premises shall be grounds for
suspension or revocation of all liquor licenses.
(k) No intoxicating liquor shall be drunk or consumed
on the licensed premises except during the hours of operation permitted
under Section 2:1308.
(m) Where a licensee is a corporation, the stock of
which is owned directly or indirectly by less than 50 persons, or a
partnership the following conditions shall apply:
1. At the time the license is granted the licensee
shall furnish the City Clerk with a correct list of all shareholders and
the number of shares held by each or of all partners.
2. The licensee shall promptly notify the City
Clerk of any change in the ownership or beneficial interest of its
shares or of the addition of a new person as a partner and, at the
time of notification, shall pay a fee of $100.00 for each new shareholder
or partner. Any such change must be approved by the City Council.
Failure to make the required notification is cause
for revocation or suspension of the license. The City Council or any
officer of the city designated by it may examine the stock transfer
records, minute books or similar records of the licensee at any
reasonable time in order to verify the names of stockholders, partners,
and persons voting at meetings of the licensee.
(n) Every license shall be posted in a conspicuous place
on the licensed premises at all times.
Section 4. Section 2:1308 of the St. Louis Park Ordinance Code
entitled "Hours of Operation" shall be amended to read:
Section 2:1308. Hours of Operation. Except as hereinafter
0 provided for "Sunday sale" licenses, no sale of intoxicating liquor shall
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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 provided, however, on any primary election
day when one or more wards shall have no election conducted therein, such
sale and consumption shall not be prohibited hereby in those wards where
there is no election to be conducted. No "on sale" shall be made between
the hours of one o'clock A.M. and eight o'clock A.M. on Tuesday through
Saturday nor between twelve o'clock midnight on Sunday and eight o'clock
A.M. on Monday. 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. During said prohibited 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 5. Section 2:1313 of the St. Louis Park Ordinance Code is
amended to read:
Section 2:1313. Transfer of Licenses. Licenses shall be
transferable only upon application by the proposed transferee, and
consent of the City Council. The application shall contain all of the
information required for an original application, and shall be acted
upon by the City Council in the manner set out in Section 2:1306. The
application shall be accompanied by a bond as required by an original
licensee. At the time of making the application for transfer of license,
the proposed transferee shall pay an application fee in the sum of $500.00
or the sum of $100.00 for each person -having an ownership or beneficial
interest in the proposed transferee, whichever is greater. If the application
for transfer of license is denied no refund of any portion of the application
fee shall be paid by the City. Upon the granting of the transfer the
original licensee shall not be entitled to a refund of any portion of the
license fee paid by him, and the transferee shall thereafter pay any
unpaid balance due on the license as the installments become due. Such
transfer shall not release the original licensee from liability upon
his bond. A change of a licensee's form of ownership from individual
or partnership to corporation or other similar change, without adding
new persons as shareholders or partners or individual owners, shall
not be considered a transfer of the license, but the licensee shall
immediately notify the city clerk of the change in the form of ownership
and shall pay a fee of $100.00.
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Section 6. 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 $300.00 or by imprisonment
for not to exceed 90 days or both.
Section 7. Effective Date. This ordinance shall take effect
fifteen days after its publication.
Adopted by the City Council August 17, 1970.
Attest:
4.„,e (.73114114-40.
City Clerk
Reviewed for adm istration: Apprgy as to form and legality:
ORDINANCE N0. 1118
rsnti led' AN OED• RELATING TO Thb LICENSING AND REGULATION OF SALES OF INTOXICATING LIQUOR,
Ah LADING AMENDING THE ST. LOUIS PARK ORD. CODE SEC. 2:1303, ENTITLED "APPLICATION FOR LICENSE",
SEC. 2:1306, ENTITLED "GRANTING OF LICENSES"; SEC. 2:1307, ENTITLED "CONDITIONS OF LICENSE";
SEC. 2:1308, ENTITLED "HOURS OF OPERATION", AND SEC. 2:1313, 2:1308, ENTITLED "HOURS OF
OPERATION", AND SEC. 2:1313 ENTITLED "TRANSFER OF LICENSE"
introduced by nate
Readw.E-Pato 6/29/70 Waived
__Crud rl.9ading- ate 8/17/7° _Waived
Aye 6 u a
!1-l;.shed -Date 0/27/70
Effective Date 9/14/70
Code Reference
7,1
SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
(Official PahHendon) 1/1
ORDINANCE NO 124
AN ORDINANCE RELATING TO THE
LICENSING AND REGULATION OF SALES
OP INTOXICATING R, AMENDING
6601 V THE ST LOUIS PARR OORRDIINANCE CODE
SECTION 213113, ENTITLED "APPLICA-
TION FOR LICENSE," SECTION 2 131,
ENTITLED "GRANTING OF LICENSES,"
SECTION 2 1367, ENTnLED "CONDITIONS
OF' LICENSE," SECTION 21328, ENTI-
TLED "HOURS OF OPERATION," AND
SECTION 2 1313 ENTrTLED 'TRANSFER
OF LICENSE"
THE CITY OF ST LOUIS PARK DOES
ORDAIN
Seethe 1 Section 2 1300 of the St Louis
Park Ordinance Code entitled "Apphcation
for License" is amended to read
Section 21393 Apptication for License
Every person desnng a bcense for "on,"
"df' or "Sunday" sales shall file an exotica -
State o
County
tion in such form as may be prescribed by lbe
State Liquor Control Commissioner and with
such additional information as the City Court -
al may regwre The application for an "on
sale" license All fees required to be paid in
connection with such licenses shall be paid at
the time of fibng of the application. In the
event that the appllcabon Is denied all such
fees shall be refunded, except that If the
application is for an on sale" beense the
sum of 8500 00 or the sum of 9100 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 2 Section 2 131 of the St Lows
Park Ordinance Code is amended to read
Section 2 1311 Gracing of Weise The
City Council shall Investigate all representa-
tions set forth in an appbcation and shall
conduct a public hearing Two weeks' pub-
lished notice of the heanng shall be given in
the official newspaper at least ten days
before the hearing After the investigation,
the public hearing, and approval of the bond,
the City Council shall grant or refuse the
bcense at its discretion, except That no "off -
sale" license or transfer of an "off -sale"
license will be effective until it, together with
the'bond, has the approval of the state liquor
control commissioner
Section 3 Section 2 1307 of the St Louis
Park Ordinance Code Is amended, by revising
subsections b, h, k and m and adding subsec-
tion n, to read
Section 2 1317 Congdon of License
Oil No minor shall be
1 Sold liquor,
2 Granted a liquor license,
3 Employed In any room constituting
the place in witch intoxicating liquors are
sold retail at "on sale," except that persons
under 21 years of kge may be employed to
perform the duties of a busboy or dishwashing,,
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 dehvered 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
:Lie in the City of Bloomington in said county, established and open during its regular business
rs for the gathering of news, sale of advertisements and sale of subscriptions and main -
,dined 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 (8) 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, 1968 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 Ordinance NQa 118
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 one successive weeks;
that it was first so published on thug'.
the 27th day of August 19 70
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•
a bcdefghi iklm nopq rstuvwxyz
a bcdefghitk Im nopq rstuvwxyz
Subscribed and sworn to before me this 27th day of
(Notarial Seal)
Alice J. Nelson, Notary Public ennepm County, Minn
My Commission Expires December 26, 1973
Auguot
19 70
services In places defined as a restaurant or
h otel or motel serving food 1n rooms 1n which
Intmdcatlhg liqaorsare add at retail on
sale," provided that no busboy or dishwasher
under 21may be employed W
norm yearsties of
pe behind a bar or service
counter from which Intoascatlng bquors are
sold or di
4 = on a licensed premises
except as otherwise provided in,thls section
o lexcept the diinniing area
o(.a rehtsurant or
hote(hl Evefor the purpose
rplicensee .rural) be doeod
edmeigto
have given consent to an examination and
inspection of every part of the premises at all
times by any prince, fire or health, officer 01.'
the city Refusal to allow such inspection or
to answer,the request of dty potice,.fire or
health officer W be admitted to, a licensed
premises shall be gmands for suspeniion 0r;
revocation of all liquor licenses
(kl No intoxicating liquor shall bedew*.
or consumed on the licensed premises except
during the boars of operation permitted under
Section 2 1306
Iml Where a licensee is a corporation,
UN stock of which Is awned directly or indi-
reattly by less than 50 persona, or a partner-,
ship the following conditions shall apply
1 At the time the license is granted'the
licensee shall furnish the City Clerk with 'a
correct list of all shareholders and the mun-
ber of shares held by each or of all partners
2 The licensee shall promptly notify
'the City Cleat of any changen1 • the ownership
or beneficial interest of its shares or of the
addition of a new person as a partner rind, at
the time of notification, shall pay a fee of
Site 00 for each new shareholder or partner
Any such change must be approved by the
City Council
Failure to make the required notifica-
tion is cause for revocation or suspension of
the bcense The City Council or anrdficer of
the city designated by it may examine the
stock transfer records, minute books or simi-
lar records of the licensee at any reasonable
time in order to verily the names of stock-
holders, parbers, and persons voting at meet-
ings of the licensee
Int Every license shall be posted in a
conspicuous place on the hcensed premises at
all times
Section 4 Section 2 1308 of the St Lams
Part Ordinance Code entitled "Hours of
Operation" shall be amended to read
Section 21311 Hours of Operation
Except as hereinafter provided for "Sunday
sale" licenses, no sale of intoxicating bquor
shall be made after one o'clock a m on Sun-
day
iaday 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 one and eight
o'clock p m on any j y ijr the City
provided, however, on an icy election
day when one or more wa shall have no
election conducted therein, such sale and
consumption shall not be prohibited hereby in
those wards where there Is no election to be !
conducted No "on sale" shall Jae made I
between the hours of one o'clock a m and
eight o'clock a m on Tuesday through Satur-
day nor between twelve o'clock mudwgbt on
Sunday and eight o'clock a m on Monday
Sales under a3pecia "Sunday sale" license
may be ,made on Su'Snday between twelve
o'clock noon and twelve o'clock mmdmght No
"off sale" stall be ntade on Sunday nor
before eight o'clock a m or alter eight
o'clock p m of any weekday except Saturday1
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, Memonal
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 bquor is not other-
wise pratdbited on such evenings, "off sales"
may be made until ten 'o'clock p m , except
that no ,"off sale" shall be made on Decem-
ber 24 after eight o'clock p m , During said
prohibited hours and at said times no intoxr
eating bquor in any quanny whatsoever shall
be served, kept, displayed, or permitted to be
on or in any table, booth, bar or other place
in such bcense epi ekmses, except the stock of
bquors stored _tbi))em during such times on
the prenuses infssch portions thereof as are
accessible only oto the bcensee and his
employees '
Section 5 Section 2 1313 of the St Louis
Park ordinance Code Is amended to read
Section 21313 Transfer d Licenses
Licenses shall be transferable only upon
application by, the proposed transferee, and
consent of the City Coni The appbcabon
shall contain all of the information regwred
for an original application, and shall be acted
upon by the City Council in the manner set
ou in Section 2 1302 The appbcabon shall be
apamed by a bend as required by an
original licensee At the time of making the
application for transfer of license, the pro-
posed -transferee shall pay an appbcatlon fee
in the sum of $500 00 or the sum of 9100 00 for
each person having an ownershipior beneficial
interest in the proposed transferee, whichever
is greater U the application for transfer of
license is denied no refund of any portion of
the appbcation fee shall be pard by the City
Upon the granting d the transfer the onginal
licensee shall not be entitled to a refund of
any portion d ths:'Ucense fee paid by hum,
and the transferee shall thereafter pay any
" fhe_UCense a&=the'eT
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File No.
".r.../ Affidavit of Publication
ST.LOUISPARK SUN
St. Louis Park, Minnesota
In The Matter Of
1