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HomeMy WebLinkAbout1345 - ADMIN Ordinance - City Council - 1976/09/201 ORDINANCE NO. 1345 AN ORDINANCE RELATING TO THE SALE OF NON -INTOXICATING MALT LIQUOR PROVIDING FOR TEMPORARY LICENSING OF CLUBS, CHARITABLE, RELIGIOUS, OR NONPROFIT ASSOCIATIONS: AMENDING THE ST. LOUIS PARK ORDINANCE CODE SECTIONS 13-303, 13-304, 13-305, 13-306, 13-307 (7), 13,308 (3), AND AMENDING SECTIONS 13-305 AND 13-307 BY ADDING SUBDIVISIONS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Ordinance Code, Section 13-303, is amended to read: Sec. 13-303. Classification of Licenses. Licenses under this ordinance shall be of three kinds, viz (1) "On Sale" licenses, which shall permit the licensee to sell such non - intoxicating malt liquor for consumption on the premises of the licensee described in the license. (2) 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. (3) A "temporary on sale" license which may be issued to clubs, charitable, religious, or nonprofit organizations only and which shall permit the licensee to sell non -intoxicating malt liquor for consumption on a specific premise for a specific time period described in the license subject to any special terms and conditions that the City Council may prescribe. Sec. 2: The St. Louis Park Ordinance Code, Section 13-304 is amended to read: Sec. 13-304. License Fee. The annual license fee for "on sale" licenses shall be three hundred fifty dollars ($350.00) and for "off sale" licenses shall be twenty-five dollars ($25.00) provided, however, that the City Council may issue special "on sale" licenses directly to established and bonafide 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 insure to the benefit of any individual members, for an annual license fee of twenty-five dollars ($25.00). The daily fee for a "temporary on sale" license shall be fifty dollars ($50.00). Sec. 3. The St. Louis Park Ordinance Code, Section 13-305 is amended to read: Sec. 13-305. Application. "On Sale" and "Off Sale" Licenses. The application of an individual for an "on saTe" or "off sale" such license shall state the age of the applicant and whether the applicant is married or single; whether the applicant is a registered voter; the various addresses at which the applicant may have lived or resided during the last five years preceding the making of such application; the kind and location of every business and occupation that the applicant has been engaged in during the last five years before the making of such application, together with the name and address of any employers by whom engaged during the said period; whether the applicant has ever been arrested for or convicted of any crime of violation of any ordinance; when, where and for what any such arrests or con- victions have been made; whether the applicant has ever been engaged in operating a saloon, cafe, soft drink parlor or other business of a similar nature, and if so engaged, when, where and for how long; floor number, street and legal description of premises where sale is to be conducted; name and address of owner and of any and all leases or subleases of real estate, building fixtures and furniture where such non -intoxicating malt liquor is to be sold; the name and address of any and every person who will have charge, management or control of the place; name of three or more persons who may be referred to as to applicant's character. If applicant is a coporation, the applicant shall give the name and general purpose of the corporation, and the state under laws incorporated, and also the names of the officers and directors, their addresses; as to each, the information required above for an individual applicant, and such other information as the City Council may from time to time require. "Temporary On Sale" Licenses. The application for a "temporary on sale" license shall be made at least 30 days prior to the desired date of issuance and shall be made at least 30 days prior to the desired date of issuance and shall state the name and address of the organization; the purpose for which the organization is organized, the purpose for which the "temporary on sale" license is desired, the address of the place where the non -intoxicating malt liquor is to be sold, the dates and hours at which non -intoxicating malt liquor is to be sold, and the names, addresses, and telephone numbers of at least two officers of the organization and two members of the organization whom the organization has autho- rized to manage the sale of non -intoxicating malt liquor should a license be granted. Fee Deposit. All fees required to be paid in connection with such licenses shall be paid at the time of the filing of the application. In the event that the application is denied or withdrawn after the investigation is completed, 50% of all such fees shall be funded. Sec. 4. The St. Louis Park Ordinance Code, Section 13-306, is amended to read: Sec. 13-306. City Council to Grant or Deny License. The City Council shall cause an investigation to be made of the facts stated in said application in regard to the premises where the business is to be conducted, and the character, reputation and fitness of the applicant, for the purpose of ascertaining whether the same are as represented in said application, and whether the license applied for should be granted. Opportunity shall be given to anyone who wishes to be heard in the matter of why a license should or should not be granted. After such investigation, the City Council may grant or refuse such license, provided that the granting thereof does not violate any other provisions of this ordinance. "On sale" and "off sale" licenses shall be issued for a period of one year, except that for,the purpose of coordinating the time of expiration of licenses in general, such licenses shall be issued for a shorter time to expire at a given period of the year. "Temporary on sale" licenses shall be issued for a period designated -2- by the City Council, subject to the limitations of Section 2:107. Sec. 5. The St. Louis Park Ordinance Code, Section 13-307, Subdivision is amended to read: (7), (7) No "on sale" or "off sale" license shall be granted at or in any building, room or place in the City of St. Louis Park wherein a second or at subsequent times any of the provisions of this ordinance relating to the sale, possession, manufacture or transportation of intoxicating liquors shall be here- after violated, for a period of one year from and after date of such second sub- sequent violation. Sec. 6. The St. Louis Park Ordinance Code, Section 13-307, is amended by } adding a subdivision to read: (9) A "temporary on sale" beer license shall be issued subject to the conditions that such license shall be issued for a period not to exceed two (2) days; that no individual organization shall be granted such licenses for more than six (6) days per calendar year; that a bond or cash deposit in an amount of at least $100 be provided to insure proper clean up if public property is the premises upon which sales will be conducted; that no such license shall be issued for the sale of non -intoxicating malt liquor on school grounds or in school buildings or within three hundred (300) feet thereof when regularly scheduled classes are being held in such school; that no such license shall be issued for the sale of non -intoxicating malt liquor within three hundred (300) feet of any church, synagogue, or other place of religious worship on any day upon which regularly scheduled services are being conducted; provided, however, that this restriction shall not apply if the authorized representative of such church, synagogue or other place of religious worship consents in writing to the sale of beer under a temporary license at such times; that no more than five licenses shall be granted in any one calendar year for any premises. Sec. 7. The St. Louis Park Ordinance Code, Section 13-308, Subdivision (3) is amended to read: 1 Sec. 13-308 (3). Hours of Sale. No licensee for the sale of non -intoxicating malt liquor shall sell any such malt liquor, nor shall any such licensee serve or permit to be served or consumed on the premises named in the license any such malt liquor, on the day of any state wide election between the hours of one o'clock A.M. and eight o'clock P.M. or on Sunday between the hours of one o'clock A.M. and twelve o'clock noon or on any other day between the hours of one o'clock A.M. and eight o'clock A.M. Adopted by the City Council September 20, 1976. Attest: ".1 4 - 64‘4441- ty Clerk Reviewed for administration: Mayor Approved as to form and legality: City ttorney 0 0 .0 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 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 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, 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 of said newspaper 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 and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership_or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) 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 Secretaiy of State and signed by the managing officer 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 • 1 345 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 Wed the �9 day of Sept 19 76 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 29 "vvM ANNE M WA TAnY i7Cj5rlcP1 d COJJTY My Gomm. Exwi,es June 1/, 1982 vvwvvvvvvvvvvvvvvvvvvvyyvw ■ day of 6,0a-tdate. September ,19 76 (Official Publicatfoa) , ORDINANCE NO 1345 AN ORDINANCE RELATING TO j J \ THE SALE OF NON- ` INTOXICATING MALT LIQUOR PROVIDING FOR TEMPORARY LICENSING OF CLUBS, CHARIT- ABLE, RELIGIOUS, OR NON- `i' PROFIT ASSOCIATIONS AMEND- ING THE ST LOUIS PARK ORDI- NANCE CODE SECTIONS 13.303, 13-304, 13-305, 13-308, 13-307 (7), 13,308 (3), AND AMENDING SEC- TIONS 13-305 ANI) 13-307 BY AD- DING SUBDIVISIONS THE CITY OF ST LOUIS PARK I. DOES ORDAIN Section 1. The St Lows Park Or- dmance Code, Section 13-303, is , amended to read 1 Sec, 13-303 Classification of Licenses. Licenses under this ordi- nance shall be of three kinds, viz (1) permit"On Sale- the licenseees , which shall to sell such non -intoxicating malt liquor for con- sumption on the premises of the licensee described in the license (2) 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 , (3) A "temporaryissued on ale" license icense which may be charitable, religious, or nonprofit orgamzations'only and 'which shall permit the licensee to sell non - intoxicating malt liquor for con- sumption ic r a speci6c time penfpremise oddescribed in the cial terms license subject to and conditions that the�City Council may prescribe Sec 2 The St Louis Park Ordi- nance Code, Section 13-304 is 'i amended to read • Sec 13-304 License Fee The an - nail license licenses shall be three e hundred fifty dollars (350 00) and for "off sale" .licenses shall be twenty-five dollars ($25 00) provided, however, that the City sale" Council icense directly toissue special ablished and bonafide veterans organizations, clubs and fraternal and' charitable societies not engaged m 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 insure to the benefit of any individual members; for an annual license fee of twenty-five dollars ($2500) The daily fee for a "tem- - porarY on sale",,license shall be fifty dollars ($50 00) i Sec. 3- Ther'St Lows Park Ordi- nance Code, Section 13-305 •is amended to read - Sec 13-305 Application ' Om Sale" and "Off . Sale" Licenses The application of an indi- vidual for an "on sale" or "off sale" such license shall state the age of the applicant and whether the ap- plicant is married or single, whether Pie applicant is a registered voter,'..tbe.vat•ibu8Addresses at which dAetap01:r have lived or restdeiil ddrin� ears preceding the tin ri� of suc�pp(i- cation; .•the-kvuialtdC'" 'fon of everybusiness and- ecupatfon that the pplicc - eh engaged in during to of ./before the makmg`o such plication, together empthe dame and address of any loyers by whom engaged during the said period, whether the applic= ant has ever been arrested for or convicted ,of any crime of violation of any ordinance, when, where and for what any such arrests or convic- tions have -been made, whether the applicant has ever been engaged in operating a saloon,, cafe,' soft drink parlor or other business of a similar nature, and if so engaged, when, where and for how long, floor number, street and legal description of premises where sale is to be con- ducted, name and address of owner and of any, acid all, -leases or, sub - leas s,,of 'real estate, building fix- (tutes and furniture where such non - i '�cabn malt liquor is to be rstheame and address of any snit( -every person1who will have ',charge, management or control of /die place, nameof three or to more persons may be of red applicant's character If applicant is a corporation, the capplicant shall give the name and general purpose of the corporation, and the state under laws incorpo- rated, and also the names of the of- ficers and directors, their addres- ses, as to each, the information re- quired above for an individual ap- plicant, and such other information as the City Council may from time to time require "Temporary On Sale" Licenses The application for a "temporary on sale" license shall be made at least 30 days prior to the desired date of issuance and shall be made at least 30 days prior to the desired date of issuance and shall state the name and address of the organization, the , purpose for which the organization is organized, the purpose forfwhich i the "temporary on sale" desired, the address of the place) where the non -intoxicating malt li- quor is to be sold, the dates and hours at which non -intoxicating malt liquor is to be sold, and the names, addresses, and telephone numbers of at least two officers of the organiza- tion and two members of the organi- zation whom the organization has he sale of • • File No Affidavit of Publication. ST. LOUISPARKSU N St. Louis Park, Minnesota In The Matter Of • is completed, after ofeallvsuchaAon fees is completed, shall be funded Sec. 4. The St Louis Park Ordi- nance Code, Section 13-306, is amended to read Sec 13-306 City Council to Grant or Deny License The City Council shall cause an investigation to be made of the facts stated m said ap- plication in ‘regard to the premises where the business is to be con- ducted, and the character,'reputation and fitness of the applicant, for the purpose ofeascertammg whether the same are as represented in said ap- plication, and whether the license applied for should be granted Op- portunity shall be given-to`anyone ' who wishes to be heard in the mat- ter of why a license should or should not be'granted After such investiga- tion, the City, Council may grant or , refuse such 'license, provided that - the granting thereof does not violate' any other provisions of this ordi- nance "On sale" and ,"off sale" licenses shall be issued for a penod of one year, 'except that for the pur- i pose of coordmatmg the time of ex- piration of licenses in general, such licenses shall be issued for a shorter tune to expire at a given period of the year "Temporary on )sale" licenses -shall be issued for a period ; designated by the City council, sub?' ject to the lunitattons of Section 2 107 1 Sec. 5. The 'S Louis Park Ordi- nance Code; Section 13-307, Subdivi- sion (7), is amended to read (7) No "on sale" or "off sale" - license shall be -granted at or in any building, room or place in the City of St. Louis Park wherein a second or at subsequent times any of the pro- visions of tlus ordinance relating to the sale, possession, manufacture or transportation of intoxicating liquors .1-.-11 h * h..L ..la. -n • •n/.**,. .• period ofone, year from and after ` date of such second subsequent vio- ' lation Sec 6 The St Louis Park Ordi- nance Code, Section 13-307, is amended by addmg a subdivision to read (9) A "temporary on sale" beer license shall be issued subject to the conditions that such license shall be issued for a period not to exceed two (2) days, that no individual organi- zation shall be granted such licenses for more than six (6) days per ' calendar year, that a bond or cash deposit in an amount of at least $100 be provided to insure proper clean up if public property is the premise$ ' - upon which sales will be conducted, that no such license shall be issued for the sale of non -intoxicating malt liquor on school grounds or inschool buildings or within three hundred (300) feet thereof when regularly scheduled classes are being held in such school, that no such license shall be issued for the sale of non - intoxicating malt liquor within three hundred (300) feet of any church, snynagogue, or other place of religi- ous worship on any day upon which regularly scheduled services are being conducted, provided, however, that this restriction shall not apply if the authorized representative of such church, 'synagogue or other place of religious worship consents in wntmg to the sale of beer under a temporary license at such times, that no more than five licenses shall, be grant -aim -any one calendar year for any premises Sec. 7 The St Louis Park Ordi- nance Code, Section 13-306, Subdivi- sion (3) is amended to read Sec 13-308 (3) Hours of Sale No licensee for the sale of non - intoxicating malt liquor shall sell any such malt liquor, nor shall any such licensee serve or permit to be served or consumed on the premises named in the license any such malt liquor, on the day of any state wide election between the hours of one o'clock A M and eight o'clock P M or on Sunday between the hours of one'o'clock A M and twelve o'clock noon or on any other day between the hours of one o'clock A M and twelve o'clock noon or on any other day between the hours of one o'clock A M and eight o'clock A M Adopted by, the City Council Sep- tember 20, 1976 (s) CAMILLE ANDRE Mayor Attest (s) EARL E HANSON City Clerk - 1 Reviewed for administration (s) CHRIS CHERCHES City Manager Approved as to form and legality (s) WAYNE G POPHAM ' City Attorney (Sept 29, 1976)—SLP-GV • RRAY-- '--__- HILL beautiful wooded acres Privacy and yet es to make this a good va)ue at $97,500 Iy Sanderson 474-5484 RWOOD ,versrze rooms and is located in an out- JIck access to highways #7 and #494 amily room and 4 Br's upstairs, a can eoutifullyl Immediate possession! Priced to E Strom 474-5484 7R1.74R4 - - lifir.uIAN PRICE home in -, 'ed 109 percent in price from '011967. The bulkof that increase een running along side the infla- �f the early and mid -Seventies 1 has become an all too -familiar Low Moderate Lower Middle Upper Middle High Total Housing Units No. Requi- 41,. 41,; 70,- 38 220,( tnut Street • Chaska, nnesota 55318 12) 448-3344 Real Estate Service REALTOR' RUSTIC RANCH! .er 1300 square feet in this two yeor new 3 bed om home with central cur fireplace, 1st floor ,ndry double garage '8.3344 Mdo Wakking 448-4961 FOREST HAVEN •r 3000 square feet of finished area in this 4+ room 4 level on nearly an ocre of trees in Bloom on 90s .3344 Cal Naaskan 443.2192