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HomeMy WebLinkAbout1603 - ADMIN Ordinance - City Council - 1983/07/18July 18, 1983 8b 1 ORDINANCE NO. 1603 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE RELATED TO LIQUOR AND BEER INSURANCE REQUIREMENTS, HOURS OF OPERATION AND FREE SAMPLES: SECTIONS 13-308(3), 13-119, 13-320(4) AND 13-327 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Municipal Code, Sections 13-308(3), 13-119, 13-320(4) & 13-327, is hereby amended to read as attached: 1 Excavations and Pile -Driving Excavations in Public Places Explosives Garbage Hauler Gas Equipment Installer Liquor, Intoxicating Liquor, Nonintoxicating Newspaper Vending Machine_ Plumber Recycling Collection Container Taxicab Tree Removal/Treatment Towing Contractor Theatre Wine, On -Sale On all required liability insurance, be named as an additional insured in that the coverage may not be terminated by the insurer except upon ten days' written notice to the City Clerk, and if such insurance is terminated and the applicant shall fail to replace the same with another policy conforming to the requirements of this section, the license shall be automatically sus- pended until the insurance has been replaced. (Sec. 13-119 Ord. 1396, 12/19/77; Ord. 1413366/19/78; Ord. 1575, 1368, Ord. 10/18/82, Ord. 7/18/ 3) 7/18/77; General Liability General Liability General Liability Automobile Liability General Liability (including products & completed operations) Dram Shop Liability Dram Shop Liability (if annual on - sales exceed $10,000 & off -sales exceed $20,000) General Liability General Liability (unless have State ins.) General Liability Automobile Liability General (noncomprehensive) Liability and Automotive Liability Automobile Liability General Liability annual Dram Shop Liability (sales over $10,000) except liquor licenses, the City shall the policy. The policy shall provide Section 13-120. Limits for all liability insurance shall be $100,000 for bodily injury or death of any one person; $300,000 for two or more persons for the same accident or occurrence; and $50,000 for damage to property. The limits of liability may be provided in part by an umbrella excess liability form. (Sec. 13-120 added by Ord. 1295, 5/5/75) Section 13-121. General liability insurance shall be written under the Comprehensive General Liability form, except where otherwise provided. Automobile Liability insurance shall be written in the Comprehensive form, including coverage for all owned, hired and nonowned automobiles. (Sec. 13-121 added by Ord. 1295, 5/5/75; amended by Ord. 1379, 7/18/77) Section 13-122. Approval of the insurance by the city shall not in any way relieve or decrease the liability of the applicant, and it is expressly understood that the city does not in any way represent that the specified insurance or limits of liability are sufficient or adequate to protect the applicant's interests or liabilities. (Sec. 13-122 added by Ord. 1295, 5/5/75) August 1983 359.1 (2) Inspection, Windows, Entertainment. The premises named in any license shall at all times while open to the public be also open to inspection and examination by any police or health authority of the City. It shall be unlawful for any licensee to shade or obscure any window or window in a door in such manner as to prevent a clear view into the interior of the licensed premises. Hours of Sale. No licensee for the sale of nonintoxicating 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 Sunday between 1 a.m. and noon, or on any other day between 1 a.m. and 8 a.m. (3) (Sec. 13-308(3) amended by Ord. 1345, 9/20/76; Ord. 1603, 7/18/83) (4) Clubs. Clubs shall not sell such malt liquor except to members and guests in the company of members. Section 13-309. Revocation. The license of any person to whom a license cannot be granted under the provisions of Section 13-307 herein, and the license of a place where a license cannot be granted under the provisions of Section 13-307 herein, shall be immediately revoked by the City Manager or the City Council upon the discovery of such fact. A conviction in any court for violating any of the provisions of this ordinance, shall in and of itself be cause for revocation of a license by the City Manager or the City Council. August 1983 373 Intoxicating Liquor Section 13-320. Definition of Terms. As used in this ordinance: 1) The terms "intoxicating liquor" and "liquor" whenever used in this ordinance shall mean and include ethyl alcohol and include distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 per cent of alcohol by weight. 2) The terms "sale" and "sell" shall mean and include all barters, and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law. 3) "0n Sale" shall mean the sale of liquor by the glass for consumption on the premises only. 4) "Off Sale" shall mean the sale of liquor in original package in retail stores for consumption off or away from the premises where sold, with the following exception: Samples of wine, liqueurs and cordials, which are in stock and being offered for sale, may be dispensed at no charge to be consumed on the premises during permitted hours at a quantity not more than 50 milliliters (1.7 oz.) of wine per variety per customer and 25 milliliters (.85 oz.) of liqueur or cordial per variety per customer. (Sec. 13-320(4) amended by Ord. 1603, 7/18/83) 5) The term "package" or "original package" shall mean and include any container or receptacle holding liquor, which container or receptacle is corked or sealed. 6) "Hotel" as herein used shall mean and include any establishment having a resident proprietor or manager, where, in consideration of payment therefore, food and lodging are regularly furnished to transients, and which maintains not less than 25 guest rooms, with August, 1983 374 bedding and other suitable and necessary furnishings in each room, and which is provided with suitable lobby, desk, and office for registration of its guests, at the main entrance and on the ground floor, and which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has an integral part thereof a dining room with appropriate facilities for seating not less than thirty guests at one time, where the general public is, in consideration of payment therefore, served with meals at tables. 7) ''Restaurant" as herein used shall mean any establishment, other than a hotel, under the control of a single proprietor or manager having appropriate facilities for the serving of meals to not less than thirty guests at one time and where meals are regularly furnished at tables to the general public and which employs and adequate staff to provide the usual and suitable service to its guests, and the principal part of the business of which is the serving of food. 8) "Exclusive liquor store" as herein used shall be an establishment used exclusively for the sale of intoxicating liquor at retail, either on or off sale or both, cigars, cigarettes, all forms of tobacco, non -intoxicating malt beverages, and soft drinks at retail. 9) The term "club" shall mean and include any corporation duly organized under the laws of the State of Minnesota for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion of sports, which shall have more than fifty members, and which shall for more than a year have owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or to its guests beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. The fact that dancing is conducted in a hotel or restaurant shall not make such place ineligible to receive a license hereunder, if such dance is incidental to the regular services of the hotel or restaurant. August 1983 375 Section 13-327. Hours of Operation. 1) On -Sale - Except as hereinafter provided for Sunday -sale licenses, no on -sale of intoxicating liquor shall be made after 1 a.m. on Sunday nor until 8 a.m. on Monday. No on -sale shall be made between the hours of 1 a.m. and 8 a.m. on Tuesday through Saturday, nor between midnight on Sunday and 8 a.m. on Monday; nor after 8 p.m. on December 24. 2) Sunday -Sale - Sale under a special Sunday -sale license may be made on Sunday between 10 a.m. and midnight. No sale may be made after 8 p.m. on December 24. 3) Off -Sale - No off -sale shall be made on Sunday, nor before 8 a.m. or after 8 p.m. of any weekday except Friday and Saturday, on which days off -sale may be made until 10 p.m. No off -sale shall be made on New Years Day, Independence Day, Thanksgiving Day, after 8 p.m. December 24, or Christmas Day; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited, off -sale may be made until 10 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 tolthe,licensee and his employees. (Sec. 13-327 amended by Ord. 1412, 6/19/78; Ord. 1521, 9/8/81; Ord. 1603, 7/18/83) 382.3 August 1983 1 1 Sec. 2. Penalty Clause. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor. Sec. 3. Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council July 18, 1983. w Reviewed for administration: Approv d as to f and legality: t Ma ager $ City torn y 30. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. 1L 1 UIS PARK SUN 924 Excelsior Avenue West State of Minnesota County of Hennepin (Official Publication) ORDINANCE NO 1603 AN ORDINANCE AMENDING THE ST LOUIS PARK MUNICIPAL CODE RELATED TO LIQUOR AND BEER SECTIONS 13-308(3), 13-119, 13-320(4) AND 13-327 THE CITY OF ST LOUIS PARK DOES ORDAIN Summary This ordinance amends liquor sections of the City's Code related to beer and wine dram shop requirements, free samples at off - sale establishments, and hours of operation Effective Date. 'This ordinance shall take effect fifteen days after its publication Adopted by theCity Council July 18, 1983 -(s) LYLE W HANKS Mayor (The full text of this ordinance is available for inspection with the city clerk ) (July 27, 1983) -SLP Hopkins, Minnnesota D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know 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 every 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 advertisement (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at (east 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 Hopkins 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 regula. 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 L thereafter and affidavit in the form prescribed by the Secretary 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. 1 603 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 27 day of July 19 83 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 abcdefghgklmnopgrstuvwxyz B �f Subscribed and sworn to before me this 29 day of July MERIDEL M. HEDBLOM NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 19 83