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Agenda - Council - 02/14/1989
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Agenda - Council - 02/14/1989
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
02/14/1989
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intoxicating liquor, and no manufacturer or <br /> wholesaler shall either directiy or <br /> indireclly own or control or have any <br /> financial interesl in any retail business <br /> selhng intoxicating hauor; <br /> Who directly or indirectly holds an interest <br /> in any other business in the City to which an <br /> on sale license has been issued under this <br /> section. The term 'inleresl' as used in this <br /> section includes any pecuniary interest in the <br /> ownership, operation, management or <br /> profits of a retail liquor estab!ishment, but <br /> does not include bona floe loans, bona rice <br /> fixed sum rental agreements, bona fide open <br /> accounts or other obligations held with or <br /> without security arising out of the ordinary <br /> and regular course of business of selling or <br /> leasing merchandise, fixtures or supplies to <br /> such establishment, or an interest of ten <br /> percent (10%) or less in any corporation <br /> holding a license. A person who receives <br /> monies from time to lime, directly or <br /> indirectly, from a licensee, in the absence <br /> of a bona fide consideration therefore and <br /> excluding bona fide gifts or donations, shall <br /> be deemed Io have a pecuniary interest in <br /> such retail license. In determining 'bona <br /> fide', the reasonable value of the goods or <br /> things received as consideration for any <br /> payment by the licensee and all other facts <br /> reasonably tending to prove or disprove the <br /> existence of any purposeful scheme or <br /> arrangement to evade the prohibitions of this <br /> section shall be considered; <br />h) Who, if a corporation, does not have a <br /> manager who is eligible pursuant to the <br /> provisions of this section; <br />i) Who is the spouse of a person ineligible for a <br /> license under paragraphs d, e, or f of this <br /> section who, in the judgment of the City <br /> Council is not the real party in interest or <br /> beneficial owner of the business operated, <br /> or to be operated, under the license. <br /> <br />PLACES INELIGIBLE FOR LICENSE <br />Existence of any of the following conditions <br />render any applicant ineligible for receipt of a <br />license: <br />i. No on sale license shall be issued for any <br /> place or any business ineligible for such a <br /> license under State law; <br /> <br />2. No on sale license shall be granted, or <br /> renewed, for operation on any premises on <br /> which real property taxes, and special <br /> assessments or other financia! claims of <br /> the City or County of Anoka are oeiinouent <br /> and unpaid. In the event an action has been <br /> commenced pursuant to the provisions of <br /> ,.,h,¢~e, 278, Minnesota <br /> Questioning the amount or validity of such <br /> taxes, the Council may, on application <br /> the licensee, waive strict compliance with <br /> this provision; no waiver may be granted. <br /> however, for taxes or any port, ion thereof <br /> which remain unpaid for a period exceedin9 <br /> one (1) year after becoming due. <br />3. No license shall be granted to a foreign <br /> corporation. <br />4. No license shall be granted for any place <br /> which has a common entrance or exit <br /> between any two (2) establishments, <br /> except that a public concourse or public <br /> lobby shall not be construed as a common <br /> entrance or exit. <br />5, No on sale license shall be granted unless the <br /> proposed business is located in an area <br /> zoned to permit such a land use. <br /> <br />CONDITIONS GOVERNING LICENS <br />ISSUANCE <br />The following conditions govern issuance of a <br />license pursuant to this section: <br />1. Every license shall be granted subject to the <br /> <br /> provisions of this section and of any other <br /> applicable ordinance or law, including <br /> Chapter 340A of Minnesota Statutes. <br />2. The license shall be posted in a conspicuous <br /> place in the licensed premises at all times. <br />3. Every licensee shall be responsible for the <br /> conduct of the licensee's place of business <br /> and for the conditions of sobriety and order <br /> in the place of business and on the premises. <br />4. No 'on sale" licensee shall sell alcoholic <br /> beverage 'off sale". <br />5. No license shall be effective beyond the <br /> building space shown in the license <br /> application for such license. <br />6. No person under eighteen (18) years of age <br /> shall be employed in any rooms constituting <br /> the place in which alcoholic beverages are <br /> sold at retail "on sale", except that persons <br /> under eighteen (18) years oi' age ma), be <br /> <br />6 <br /> <br /> <br />
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