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HomeMy WebLinkAbout1304 - ADMIN Ordinance - City Council - 1975/10/06• ORIGINAL October 6, 1975 8C ORDINANCE NO. 1304 AN ORDINANCE RELATING TO THE SALE OF INTOXICATING LIQUOR: PROVIDING FOR ON -SALE WINE LICENSES, AMENDING THE ST. LOUIS PARK ORDINANCE CODE SECTIONS 2:103, 2:104, 2:105, 2:106, 2:107(g), 2:108(c), AND AMENDING SECTION 2:105 AND 2:107 BY ADDING SUBDIVISIONS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Ordinance Code, Section 2:103, is amended to read: Sec. 2:103. Classification of Licenses. Licenses under this ordinance shall be of three kinds, viz: (a) "On -Sale" licenses, shall permit the licensee to sell such non -intoxicating malt liquor for consumption on the premises of the licensee described in the license. (b) An "off -sale" license shall permit the licensee to sell such •non -intoxicating malt liquor in original packages not to be consumed upon the premises described in such license. (c) An "on -sale wine license" shall permit the licensee to sell wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. amended to read: Section 2. The St. Louis Park Ordinance Code, Section 2:104 is Sec. 2:104. License Fee. The annual license fee for "on -sale" non -intoxicating malt liquor licenses shall be three hundred fifty dollars ($350.00) and for ','off -sale" non -intoxicating malt liquor licenses shall be twenty-five dollars ($25.00) provided, however, that the City Council may issue special "on -sale" licenses directly to established and bona fide veterans organizations, clubs and fraternal and charitable societies not engaged in the regular commercial sale to the public of non -intoxicating malt beverages and not organized for profit, and no part of the profits of the operations of which inure to the benefit of any individual members, for an annual license fee of twenty-five dollars ($25.00). The fee for an "on -sale" wine license shall be two thousand dollars ($2,000). Section 3. The St. Louis Park Ordinance Code, Section 2:107, is amended by adding a subdivision to read: conditions that: (i) An "on -sale wine" license shall be issued subject to the 1. Only a restaurant having facilities for seating not fewer than thirty (30) persons at one time may be licensed. No license shall be issued to any restaurant until it has been in operation continuously for at least six months. • 2. The premises to be licensed shall not be within 400 feet of any school or house of worship. 3. Every license is subject to the conditions in this ordinance and of any other applicable ordinance, state law or regulation. The structure and premises for which a license is issued shall be in compliance with all applicable building, safety and zoning codes. Section 4. Penalty. Any -person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more that $'300.00 or by imprisonment for a period of not to exceed 90 days or both. Section 5. Effective Date. This ordinance shall take effect fifteen days after its publication. Adopted by the Council October • 97 Attest: Reviewed for administration: Approved as to form and legality: City Att' rney • ii;) SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION STLOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin ss. 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 at 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 serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said 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 Ordinanc e No. 1304 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 Or19 successive weeks. that it was first so published on Wed the 2)4 day of December 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' abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me this 26 day of December 19 75 (Notaril Seal) Muri 1 L Quist, Notary Pc, Hennepin County, Minn My Commission Expires July 28th. 1978 (OfficialPubllcatl6n) October 6, 1975 ORDINANCE NO 1304 AN ORDINANCE RATING THE SALE OF INTOXICATING LI- - QUOR: PROVIDING FOR ON -SALE WINE LICENSES AMENDING THE ST. LOUIS • PAit''ORDINANCE CODE SECTION 2:103, 2:104, 2 105, 2:106, 2.107(g), 2:108 (c), AND AMENDING SECTION 2.105 AND 2.107 BY ADDING SUBDIVISIONS THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 The St Louis Park Ordi- nance Code, Section 2 103, is amended to read Sec 2 103 Classification of Licenses Licenses under this ordi- nance shall be of three kinds, viz (a) "On -Sale" licenses, shall per- mit the licensee to sell such non - intoxicating malt liquor for consump- tion on the premises of the licensee descnbed in the license (b) An "off -sale" license shall permit the licensee to sell such non - intoxicating malt liquor in original packages not to be consumed upon the premises described in such license (c) An "on -sale wine license" shall permit the licensee to sell wine not exceeding 14 percent alcohol by vol- ume, for consumption on the licensed premises only, in conjunction with the sale of food Section 2. The St Louis Park Ordi- nance Code, Section 2 104 is amended to read Sec 2 104 License Fee The annual license fee for "on -sale" non - intoxicating malt liquor licenses shall be three hundred fifty dollars ($35000) and for "off -sale" non - intoxicating malt liquor licenses shall be twenty-five dollars ($25 00) pro- vided, rovided, however, that the City Council may issue special "on -sale" licenses directly to established and bona fide veterans organizations, clubs and fraternal and chantable societies not engaged in the regular commercial sale to the public of non -intoxicating malt beverages and not organized for profit, and no part of the profits of the operations of which inure to the be- nefit of any individual members, for an annual license fee of twenty-five dollars ($25 00) The fee for an "on - sale" wine license shall be two thousand dollars ($2,000) Section 3. The St Lows Park Ordi- nance Code, Section 2 107, is amended by adding a subdivision to read (i) An "on -sale wine" license shall be issued subject to the conditions that 1 Only a restaurant having facilities for seating not fewer than thirty (30) persons at one time may be licensed No license shall be issued to any restaurant until it has been in operation con- tinuously for at least six months. 2 The premises to be licensed shall not be within 400 feet of any school or house of worship 3 Every license is subject to the conditions in this ordinance and of any other applicable ordi- nance, state law or regulation. The structure and premises for which a license is issued shall be in compliance with all applicable building, safety and zoning codes Section 4. Penalty Any person vio- lating the provisions of this ordlnance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $30000 or by unpnsonment for a period of not to 'exceed 90 days or both Section 5 Effective Date. This or- , ,durance shall take effect fifteen days after its publication' Adopted by the City Coupcil Oc- t toter 0, 1975 / s/ FRANK FLEETH(1M l , - Mayor Attest ,s/EARL HANSON City Clerk Reviewed•for, administration s/CHRIS CHERCIES City Manager' Approved as to form and legality s/ WAYNE POPHAM City Attorney (Dec 24, 1975)—SLP-GV File No. -. Affidavit of. Publication ST.LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of •