Agenda - Council - 01/10/1989 - Laserfiche WebLink

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United States or the State of Minnesota, or any local ordinance with regard to the manufacture, sate, distribution, or possession for sale or distr{bution of intoxicating liquor, or non-intoxicating malt liquor or whose license has been revoked for any violation of any such laws or ordinances; f) Who is a manufacturer or wholesaler of intoxicating liquor, and no manufacturer or wholesaler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor; g) Who directly or indirectly holds an interest in any other business in the City to which an on-sale license has been issued under this section. The term "interest' as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans, bona fide fixed sum rental agreements, bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment, or an interest of ten per cent (10%) or less in any corporation holding a license. A person who receives monies from time to time, directly or indirectly, from a licensee, in the absence of a bona fide consideration therefore and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide', the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered; h) Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section; i) Who is the spouse of a person ineligible for a license under paragraphs d, e, or f of this section who, in the judgment of the City Council is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. INELIGIBILITY FOR LICENSE Existence of any of the ~'ollowing conditions render any applicant ineligible for receipt of a license: 1. No on sale license shall be granted, or renewed, for operation on any premises on which real property taxes, and special assessments or other financial claims of the City or County of Anoka are delinquent and unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of such taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. 2. No license shall be granted to a foreign corporation. 3. No on sale license shall be issued for the premises owned by a person who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.39. 4. No license shall be granted for any place which has a common entrance or exit between any two (2) establishments, except that a public concourse or public lobby shall not be construed as a common entrance or exit. 5. No on saie license shall be granted for a restaurant which does not comply in all respects with the definition of a restaurant as contained in Section 130.051, nor to any restaurant which does not have a total market value, including land, building and equipment, of at least Two Hundred Thousand Dollars ($200,000.00) as appraised by the City assessor and based upon current valuations. 6. No on sale license sha~l be granted for a hotel which does not comply in all respects with the definition of a hotel as contained in Section 130.051 herein. 7. No on sale license shall be granted restaurants or hotels unless they are locate 6