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HomeMy WebLinkAbout1165 - ADMIN Ordinance - City Council - 1971/09/30to O. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J R. RITCHAY, 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 m 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 Sattein its local post -office (5) Said newspaper purports to serve the City of St Louis Park the County of Hennepin and it has its known office of issue in the City of Bloomington in r id county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper 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 Ordinance No. 1165 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 mtccessive weeks; that it was first so published o Thure the 30th day of Sept 191= and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy 11111( of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being R size and kind of type used in the composition and publication of said notice, to -wit. abcdefghijklmnopgrstuvwxyz abcdef ghij k lmnopgntu wxvz Subscribed and sworn to before me this (Ngtarial Seal) Ater 3Qth day of Alice J. Nelson, Notary Public, nnepin County, Minn My Commission Expires December 28, 1973 Sept IOHjcaal Publication) ORDINANCE NO 1165 AN ORDINANCE PROHIBITING THE SALE OF CERTAIN NON -RETURNA- BLE DISPOSABLE BEVERAGE CON- TAINERS. PROVIDING FOR THE REDEMPTION OF RETURNABLE CONTAINERS: PROVIDING FOR INSPECTIONS. AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF ADDING SECTION 4 800 THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 Sale of certain non-return- ble,or disposable beverage containers and I the redemption of returnable containers shall be restricted as follows Section 4 900 Prohibitions No person shall sell offer for salg• distribute or donate beverages an non -returnable or disposable beverage containers as herein defined within the City of St Louis Park Section 4 901 Redemption No person shall refuse to redeem a specific returna- ble beverage container provided such beverage container is offered for sale by such person Sectfoo 4 902 Definitions Thb follow - t �-••"•o•.'. stmil apply m the interpre tation ad enforcement of thus Ordinance ad Ilse following words ad terms wher- ever they occur in this Ordinance are de- fined as follows alcohol and n-alcooholic �erages as herein defined Sabd 2 Non -Alcoholic Beverage t shall mean any mineral waters dis- tilled waters spring water and anv bot- , tled dnnking waters any soda or tonic waters or anv carbonated or uncarbon- ated beverage not contatmng alcohol that is commonly known as a soft drink • pop cola soda pop. soda near beer ora mix' provided• however that orange jwce, tornatb juice and other fruit and vegetable juices shall not be deemed a mi: for the purposes of this ordinance Sabd 3 Alcoholic Beverage shall .mean any beer. ale. or other malt bev- erage containing one-half of one per 0mcentuor more of alcohol by volume S■bd. 4 Container shall mean anv 'device or material used for the purpose of holding or containing a beverage Sabd 5 NoaRelornable or Dispose ble erage er shall mean any containerwhich 15 Containhas at one time been sealed the title to which the seller tents intends d to which is noss with t suitabe sale le ore not intended for reuse Sabel. 8 Sale shall mean a commercial transaction by any person firm ' indi- vidual corporation partnership ven- dor or owner or operator of a vending machine whereby beverages are ex- changed fir any consideration Sabd 7 Health Authority shall mean the representatively duly appointed 1 and designated by the City Manager to promote and preserve the health and ( welfare of the citizens of the City of St Louis Park Sabd, 8 Person shall mean any, ndi- vidual natural person, firm; associa- tion organization partnership buss- ness institution agency or anv Feder- al, State or local government agency or instrumentality or other entity recog- nizett by law as the subject of rights) and duties the masculine feminine singu- lar or plural is included in any circum- stances and shall include employees licensees tenants manager's and open ' ators of equipment Section 4 903 Inspections The Health Authority or his authorized representa- tive shall inspect anv and all premises as , often as deemed necessary to enforce the 1 provisions of this ordinance ;Section 4 904 Separability Should anv section subdivision clause or other provi- sion of this ordinancelbe declared by a court of competent jurisdictibn to be in- valid such decision shall not affect the validity of the ordinance as a whole nor of anv part thereof other than the part so declared to be invalid Section 2 Violations Any firm individ- ual corporation partnership or vendor selling beverages within the City found guilty of a misdemeanor shall be punished by a fine of not more than three hundred dollars MOO 001 or by imprisonment for not tgexceed 90 days or both Section 3 Effective Date This Ordi- nance shall take effect 15 days after its pubhcato0 Provisions of this Ordinance shall apply to all sales offers for sale distributions or donations of beverages in non -returnable or disposable beverage containers as defined herein made after September 1. 1972 Adopted by the City Council September 13 1971 I Attest Mayor s/ FRANK J HOWARD r s/ EARL E HANSON City Clerk Approved as to form and legality s/ WAYNE POPHAM I Reviewed for administration Citv Attorney 1 s/ CHRIS CHERCHES City Manager I (sept 30 19711—SLP 1' File No Affidavit of Publication StLOUISP4RKSUN St. Louis Park, Minnesota In The Matter Of