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Home My WebLink About1435 - ADMIN Ordinance - City Council - 1979/02/02ORDINANCE NO. 1435 AN ORDINANCE RELATING TO INTOXICATING LIQUOR; AMENDING THE ST. LOUIS PARK ORDINANCE CODE, CHAPTER 13, BY AMENDING SECTION 13-321; ADDING SECTION 13-321(5) THE CITY OF ST. LOUIS PARK ORDAINS: Sec. 1. The St. Louis Park Ordinance Code, Section 13-321, is amended to read: (10) The term "drug store" as used on conjunction with licensing under this ordinance shall mean any place where drugs are kept, compounded and sold and which shall at all times be in charge of a registered pharmacist, or assistant pharmacist during the temporary absence of such registered pharmacist. (11) "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. (12) The term "floor area" for the purpose of calculating the license fee shall be all of the floor area of the various floors of a licensed premise measured to the centers of all partitions, except those areas primarily for non -service purposes including, but not limited to dead storage, building management, toilets or restrooms mechanical equipment rooms and kitchens. (13) The term "entertainment or dancing" shall mean any direct or organized effort on the part of management to attract clientele through but not limited to the provision of live musical, comical or dramatic entertainers, dancing by enter- tainers, vaudeville or similar entertainment, singing, contest, audience participation activities closed circuit television, television with screens exceeding 30 inches diagonally, the or more mechanical amusement devices, modeling or fashion shows of any type or dancing by patrons. (Sec. 13-320 Amended by Ordinance 1356, December 20, 1976) Section 13-321. License Required. No person shall, except as permitted under Section 13-321(5), directly or indirectly, upon any pretense or by any device manufacture, import, sell, exchange, barter, dispose of, or keep for sale, any intoxicating liquor, without first having obtained a license therefor as hereinafter provided. Licenses shall be of four kinds: "on sale", "off sale", "Sunday sale", and "on sale wine", which shall be granted only for the purposes permitted by the statutes of the state and the ordinances of the City of St. Louis Park. (Sec. 13-321 amended by Ordinance 1435, January 2, 1979) (1) "On sale" licenses shall permit the sale and consumption of liquor on the licensed premises only. (2) "Off sale" licenses shall be granted to permit the sale of liquor at retail in the original package for consumption off the licensed premises only. (3) "Sunday sale" license shall permit the sale and consumption of liquor on the licensed premises only to be valid on Sunday. (4) 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. (Sec. 13-321(4) added by Ordinance 1304, October 6, 1975) (5) Resale of Sacramental Wine. No license under Section 13-321 shall be required for the sale of wine by a rabbi, priest, minister, or pastor of a duly organized church or established January 1_, 1979 religious organization or by a group within such organization authorized by the rabbi, priest, minister, or pastor to sell sacramental wine to individual worshippers or religious organizations and congregations who practice religious rites and -ceremonies in their homes in which wine is used by virtue of the established tenets of such organizations in amounts reasonably required for sacramental purposes in religious exercises. (Sec. 13-321(5) added by Ordinance 1435, January 2, 1979) Section 13-322. 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 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 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. If an application for an "off sale" license is denied the sum of $100.00 or the sum of $50.00 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. (Sec. 13-322 Amended by Ordinance 1280, March 3, 1975) (Sec. 13-323 Bond. Repealed by Ordinance 1295, May 5, 1975) Section 13-324. Fees. (1) On Sale. The annual license fee for an "on sale" license shall be: Floor Area 0-3,000 3,001-6,000 Over 6,000 sq. ft. sq. ft. sq. ft. No Entertainment $4,500 $5,000 $5,500 Entertainment and/or Dancing $5,500 $6,000 $6,500 payable in two equal installments in advance, and a receipt for the first shall accompany the application for issuance or renewal of the license; the second installment shall be payable on or before the first day of July of each year. When any "on sale" license is issued for an unexpired portion of a license year, the fee shall be pro -rated and a receipt from the City Treasurer for the portion of the license fee due shall accompany the application, provided the minimum thereof shall be one half the license fee. Failure to pay the second installment of the license fee promptly when due shall be cause for revocation of any "on sale" license, without notice. 1 Sec. 2. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not more than $500 or by imprisonment for a period not to exceed 90 days or both. Sec. 3. This ordinance shall take effect 15 days after its publication. Adopted by the City Council January 2, 1979. Mayo 'vie -d for administration: Approved as to form and legality: P'ty Manag- City , torney (�1CO t71 CL LU Lu W U 0 co 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin } SS, 46/ SoNSIVISSIMMISII, being duly sworn, on oath says he is and during all times here stated has been the vim 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 municipahty 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 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 • 1435, 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 ane successive weeks, that it was first so pubhshed on CTed the 10 day of January. , 19_29 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 (Official Publication) ORDINANCE NO 1435 AN ORDINANCE RELATING TO INTOXICATING LIQUOR AMEND- ING THEIST. LOUIS PAR$ ORDI- NANCE'CODE. CHAPTER 13 BY AMENDING, SECTION 13;321, AD- DING SECTION 13-321(5) �• THE CITY OF ST , LOUIS PARK ORDAINS Sec 1 The St Louis Park Ordi- nance Code Section 13-321 is amended to read Section 13-321 License Required No person -shall except as permitted under Section 13-321(5) directly or indirectly upon any pretense or by any device manufacture import sell exchange barter dispose of or keep for sale 'any intoxicating liquor )without first having obtained a license therefor as hereinafter pro vided Licenses shall be of four kinds on sale ", off sale " Sunday sale " and on sale;wine " which shall be granted only for the purposes permit- ted by the statutes of the state and the ,ordinances of'the City of St Louis Park (Sec 13.321 amended by Ordinance 1435 January 2 1979) ,(1J 'On sale" licenses shall permit the sale and consumption of liquoron the licensed premises only ' 12) Off sale" hcen'ses shall be granted to permit the sale of li- quor at retail in the original pac- kage for consumption off the • licensed premises only ' 13) "'Su ay sale" license shall permit the ale and consumption 1 of liquor on thedicensed premises only to be valid on Sunday (4),An=ton-sale wine license" shall permit the license to sell ' wine not exceeding 14 percent al - Pi cohol by volume for consumption on ,the license premises only in conjunction with the sale of food 4Sec 13-321(4)•addeil,by Ordi- nance 1304 October '13. 1975) i, (5) )Resale of Sacramental '.-Wine No license under Section • 13-321,shall;be regwred'for the '�' sale of wine by a rabbi' priest ,minister, or,pastor of duly or- , ganized church or established re- ligious organization or,by a group within such organization au- thorized by the rabbi priest c- minister or pastor to sell sacra- , mental wine to individual wor- 'ahippers or religious organiza- tions• and congregations who _practice religious rites and ceremonies in their homes in Ci which wine is used by virtue of Subscribed and sworn to before me this 1 5 day of January , 19_29 (Notarial Seal) CAROLE .1. LARSON NOTARY PUBLIC • MINNESOTA HENNBYIN COUNTY My Commission 6iroiros M6y. 10, 1980 Y VVvvvrirryvvvvvvrivinfrryvvvvvvvvYvvX the established tenets of such or- ganizations in amounts reasona- bly required for sacramental "purposes in religious exercises . (Sec 13-321(5) added by Orli- nani a 1435 January 2 1979) Sec 2 Penalty Any person violat- ing the provisions of this ordinance I` shall be guilty of a'tnisdemeanor and upon conviction shall be punished by a fine not more than $500 or by im- pnsonment for a period not to exceed 90 days or both Sec 3 This ordinance shall take ef- fect 15 days after its publication Adopted by the City Council January 2 1979 M STERN nti'Atfest' .�y'�1 .Y 4s),EARL E HANSON Y City 'Clef k , Approved as to Corm and legality (s) WAYNE G POPHAM City Attorney Reviewed for administration (s) JOHN W ELWELL City Manager 1,1an 10 1979)—SLP