Ordinance - #89-03 - 02/14/1989 - Laserfiche WebLink

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16. Sale and Sell and Sold. '~fter the commencement, of the license year .:beverage?~ot~fsale,,. . : . "Sale" and "sell" and "sold" means all shall be p~'oprated on a m~nthly basis; ' 5. No licebse, shall be effective beyond the barters and' al! manners of furnishing intox- 't 5. When-the-license is for.a premises-where _ . ~uilding.spacb Shown:in the license application Icating liquor, including such furnishing in viD- the buildingr is not ready for occupancy, the f6~ Suchl!censo. · lotion or evasion of law. ' time fixed for computation of the license fee for 6. No person under eighteen (18) years of age 130.0.54 APPLICATIONS FOR the initial license period shall be ninety (90) days shall be employed in any rooms constituting the LICENSE Tp BE VERIFIED after approval of the license by the City Counc{I place in which alcoholic beverges are sold at Every application for an "on sale" license .or upon the.data the building is ready for Dc- -. retail "on sale'.', '.except that persons under ishall be verified and filed with the City A~d- '. cupa~cy, whicheverdateissooner, eighteen (58)years of age may be'~mpl0yed mlnistrator. . ' ~ ~' 6. No 'part of the fee paid for any license perforr~ the duties~of a bus boy or dish washing 13~).055 CON'r_ENTS OF APPLICATION . . - ssue~ under th s chapter shall be refunded ex- services in hotels or restaurants licensed under In addition to information which may be re- copt in the following instances upon application theprovisionsof thissection. quired by the State L quor Control Commie- to.the Council within thirty (30) days from the 7..No alcoholic beverage shall be sold or fur- sioner, the license application shall state: happening of the event. The Council may in its ri!shed or delivered to any Intoxicated person, to I. Whether the applicant Is a natural person, judgment refund a ~ro rata ~ortion of the fee any habilual drunkard, to any person under corporation, partnership or other form of for the unexpired period of the license, com- twenty-one (2~) years of age or to any person to organization, puled on a monthly basis, when operation of the whom sale is prohibited by state law. 2. If the applicant is a natural person, the fol- licensed business ceases not less than one (1) 8. No licensee or.employees of.a licensee shall lowing information shall be furnished: month befor:e expiration of the license because keep, possess~ 'or operate or permit the or a. The true name, place'and date of birth, and of: operation of any slot machine, dice, or any street residenceof applicant; a) Destruction or damage of the licensed gambling'deVice or~apparatus on the licensed b. Whether applicant has ever used or been I~remisesby fireo~othercatastropl~e; premises, or in any room, adjoining the Ilcens- known by a name other than his true name, and b) A change in the legal status of the ed premises, nor shal any such person permit if so, what was such name, or names, and in- municipality making it unlawful for licensed any gambling therein, except as .authorized by formation concerning dates and places where . businessto, continue; the Stateof Minnesota charitable gambling law. used; c) The death of the licensee, managing part- 9. No licensee shall knowingly permit the c. The name of the business if it is to be con- nar, or managingofficer of thelicensee; licensed premises or any room In those ducted under a designation, name or style other d) The t~ansfer of ownership of the licensed premises, or any adjoining building directly or than the f~ll individual name of the applicant, premises and then only when the new owner or indirectly under the licensee's control, fo be us- 'd. Whether applicant is married or single; if transferee receives a license under this charter ed as a resort for prostitutes. married, true name, place and date of birth and and has paid the appropriate pro rata license 10. Any police officer, health officer, street residence address of applicant's present fee such that the City will receive a full license sanitarian, building inspector, or any property spouse; ". ~ ' ' ", fee fot~that particular license year., designated officer or employee of the City shall e. Street address at which applicant and 7. At the time of each original application for have the right to enter, inspect and search the present spouse have lived during the preceding a licenSe, except in the case of an "on sale" premises of the licensee during business'hours ten (10) years; club license, the applicant shall pay in full to without a warrant; however, In the event en DC- f. Whether applicant or his spouse has ever the City Administ~:ator an investigating fee as cupant of a room in .the hotel portion of the been convicted of any felony, crime, or Vi0- required by Chapter 130.0110. No investigating, licensed premises shall refuse entry to any lotion of any ordinance other than traffic; if so,- feeshall ber?funded. : peJ!ce-officer, health officer, sanitarian, build- the applicant shall furnish information as to the 8. ~here a new applic~ation IS ~iled as a result lng inspector, -or any -property desigrialed of- PR]~ time, p.ace and .offense ,on wh,ch convictions of incorporation by an.'existing licensee and the ricer or employee o~ the City, on the basis that werehad; ownership, contrvl and interest in the license the time of the Inspection .is not a'reasonable g. Whether applicant or hi~ spouse or a are unchanged, no additional license fee will be one and does not' in fact allow the repre- ' ORO.I NANCE//~3 ' ' :' - pere~t,.brofher,,siste~-or child of either of them required; ' sentatlve of the City entry.to such portion of the . has 'everlbeen engage,din operating a salooh, 130.059GRANTINGOF LICENSES premiseS, then ~the representative of the' City CITYOF RAMSEY .... hotel, restaurant, cafe, tavern, . or other The followipg procedure shall be followed in shall reque.st.a search warrant from a court of ANOKACOUNTY . . - business of b-'sJ~la'r'hature;' if so, applicant prbcessing applications for licenses under Jhis approprlatejurlsdiction. . . STATEOFMINNESOTA shall furnish information as to the' time, plaice section: 11. No on sale liquor establishment shall AN ORDINANCE LICENSING AND andlength of time/ 1. All applications for a license shall be refer- display liquor to the public during hours when REGULATING THE SALE AND CONSUMP. h.'Whether applicant has ever. bee~ in mill- red to the City's Chief of Police a~d to such the sale of liquor is prohibited by this chapter "~ION 0E "ON-SALE" INTOXICATING LI- tory service; if so, applicant shall, upon re- other City departments as/he City Council shall and no on sale licensee shall sell alcoholic bev- ~[~.QUOR, REPEALING INCONSISTEI~I.T.ORD - qu~t, exhibitalJdlscharges; deem necessary for verification and investiga- erageoffsale. . NANCES, AND .CITY CODEr~',F~RO~.I~SIONS, i. The name, address and business address of 'lion of'the facts set forth in the application. The - 12. No licensee shall apply for or possess a · AND PROVIDING.-A PENALTY' FOR VID- each person who is engaged in Minnesota in the chief of police shall cause to be made such in- Federal Wholesale Retail Liquor Dealer's 'LATION. ' business of selling, manufacturing or vestigation of the information requested in special tax stamp or a federal gambllng stamp. The Councilor theCity of Ramsay ordains: distributing alcoholic beverge and who is Chapter 130.055 as shall be necessary and shall 13. No equipment or fixture in any licensed · 130.0SI PROVISIONS OF n~arer of kin to the applicant or fils spouse than make a written recommendation and report to place shall be.owned in whole or in part by any STATE LAW ADOPTED second co~si~, whether of whole or half blood,- the City Council, which shall include a list of all manufacturer or distiller of alchollc beverage, The drovisions of Minnesota statutes Chapter- or who is a brother-in-law or sister-in-law of the convictions of violations of federal state or except such as shall be expressly permitted by 340A relating to the definition of terms not applicant or hisspouse, municipal lawby theapplicant, state law. defined herein, licensing, consumption, sales, 3. If the app!icaof isa partnership, the names 2. Upon receipt of the'written report and nec- 14. The retail sale for beverage purposes of financial responsibility of licensees, hours of and addresses of al partners and all informs- ommendation by the chief of police and at the ethyl alcoho! or neutral spirits, or substitutes sale, and all other melters pertaining to the lion concerning each partner as is required of a next regularly scheduled meeting thereafter, therefore, possessing the taste, aroma, end retail sale, distribution, and corlsumptlon of in- single applicant in paragraph 2 above: A the City Council shall instruct the City Ad- characteristics generally attributed to ethyl toxicating liquor, are adopted and made a part mariaging partner or partners shall be des~g- ministrator to cause to be published in the of- alcohol or neutral .spirits, es such, is hereby ofthischapteraslfset0utinfull, noted. Th'e interest of each partner In the ficiat newspaper, ten (10) days in adva'nce, a prohibited. Nothing In this paragraph shall be 130.0S2 REQUIRED LICENSE business 'shall be disclosed. A true copy of the notice of a pub c hec~ring to be held by the City construed to prohibit the sale of other products 1.ON-SALE LIQUOR LICENSE· partnership agreqment shall be submitted with Council, setting forth the day, time and place obtained by the use of ethyl alcohol or neutral NO person, except wholesalers or manufac- the application and, if the partnership is re- when the hearing will.be held, the name of the spirits as defined In U.S. Treasury Department, tuners to 'the extent aulhorized under state quire~ to file a certificate as to a trade name 'applicant, the premises where the business is to Bureau of Internal Revenue, Regulations 125, lice1~se, shall directly or Indirectly deal in, sell, under the provisions of Chapter 333, Minnesota be conducted, and such other information as the Article II, Standards of Identity for Distilled or keep for sale any Intoxicating liquor for "on Statutes, a copy of.such certificate certified by City Council may direct. 'Within forty-five-(45) Spirits. sale" sale without first having received a the Administrator of District Court shall be at- days after the hearing, the Council may either 15. The business records of the licensee, license to do so as provided In this section. "On tachedtotheappllca~ion, grant or deny the license. If the license is cluding federal and.state income tax ~elurns, sale" licensasshallbelssuedonlyto:- 4. If the applicant is'a corporation or other granted, the Council may withhold its issuance shall be available for Inspection by the City a) hotels~ organization ~'nd is. applying for an "on sale" until the applicant has qualified in all respects Council or other duly authorized representati.ve -bt. restaurants; license, the following information shall be fur- for the license. If the premises to be licensed oftheCityatallreasenabletlmes. ct'bowling centers; . nished: are not complete at the time that the hearing is 16. Changes in the corporate or association of- d) clubs or congressionally chartered veter- a. The name and state of incorporation; conducted, the Councit may grant the license, ricers, corporate charter, articles of incorpora- a~lS.'organizaflo, ns provided that 'the organize- b. A true copy of the certificate of incorpora- ~ut shall withhold its issuance until the lion, bylaws or partnership agreement, as the lion has been.in existence for at least three .tionorassoclationagreementandbylaws; oremises have been completed in accordance case may be, shall be submitted to the City years and liquor sales will on.ly be to members c. The name of the manager or proprietor or with the representations made by the applicant. Administrator within thirty (30) clays alter such and bona fide guests~ other agent in charge of the premise~ to be licen- 3. The City Administrator shall, within ten changes are made. In the case of a corporation, Alloftheaboveasdeflnedhereinafter. sad, giving all the information about said person '(10) days after' the issuance of any license the licensee shall notify the City Administrator 2, SUNDAY ON-SALE LIQUOR LICENSE as is required of a single applicant in.Paragraph under, this .section, submit to the liquor' control when a person not listed in the application ac- -Special On sale licenses for the Sale of intox- 2~above; ' ' commissioner the full name and address of quires an interest which, together with that of ~Catlog liquor on Sunday shall be issued only.to d. A list of all natural persons who, single or each person granted a license, the tr6~de name, his spouse, parent, brother, sister or child, ex- hotels, bowling centers, restaurants and clubs together'with their spouse, or a parent, brother, the effective license date, and the date of expl- coeds five percent (5%), and shall give all In- as defined in this chapter. All sales of liquor by sister or child of either of them, own or control ration of the license. He shall also submit to the formation about said person as is required of a ~l~establlshments shall be In accordance with an interest in said corporation or association in liquor control commissioner.any change of ad- person pursuant to the provisions of Section N~;5~er~f'~10AiS04Subd. 3. · 1. , excess of five percent (~5%), and who are of: .~'dress, transfer, cancellation, or revocation of 130,055ofthlsch'apter. ' · · . · ,Tho':City shall not issue temporary on sale together wlth the addresses and all other in- peribe tlon for a lice~i~ or.for renewal of a license, the . licensees.. ~ formation required of a. single..;appli?nt in 130.0510 PERSON INELIGIBLE FOR LICENSE ' licensee shall -state the nature and amount of !~0.0S:~ DEFINITIONS Paragraph2.above. . ' · NO Icens~a shal! be granted to or be held by any c0htribution or contributions made in the The following terms have the meanings 5. The exact legal desor!ptlon of the p~emls~s any person: preceding five (5) years for state and local po. ascribed to them in this section, to be licensed together with a plot plan of the a} Who is ineligible for such a license by State litical campaigns or for political purp. oses, the 1.Alcoholic beverage. · area showing dimensions, locations of build- law; person towhom the contribution was made, end ~'A'lcohollc beverage" Is any beverage con- liqgs, street access, ;parking facilities and the b) Undertwenty-one(21)yearsofage; thepersonororganlzationforwhomlntended. raining more than one-half of one percent locations of and distances to the nearest church ~' c) Who is not*of good moral character and 18. No licensee shall sell, offer for sale, or alcohol by volume. ' building and schOOl grounds.. [epute; ' keep for sale, alcoholic beverages In any orlgl- 2. Eowling center.* ' 6. The floon.number and street number where d) Who is not a citizen of the United States; nal package which has been refilled or partly "BOWling center" is a business constructed as the "on sale" sale of I!quor is to be cond(Jcted e) Who, within five (5) years prior Io the ap- refilled. No licensee shall directly or through ana used foe'.the primary purpose of bowllngl with room~ where liquot~'ls to be consumed. An plicaflon for such license, has been convicted of any other per,on dilute or in any rr)anner and Which busir~ess establishment actually con- applicant for an "on sale" hotel, or restaurant any violation of any law of the United States or tamper with lhe contents of any original rains bowling alleysl .pinsetters, and all other license shall submit a floor plan of the areas the State of ~lnnesota, or any local ordinance package so as to change its composition or al- e~jlpm~nt.necessary for bowling activity eno which will be open to the public shall show with regard to the manufactbre, sale, distribu- coholic content while in the original package. which has a market val~e, including land, dimensions and she indicate the nurflber of lion, or possession for sale or distribution of in- Possession on the premises by fha licensee of building,.and fixtures, of at. least $200,000 as ap- persons intended to be served in each of said toxicating liquor, or non-intoxicating malt Ii- any alcoholic beverage in the original package praised by the City Assessor. A business shall rooms, or as the case may be, the activity to be quor or whose license has been revoked for any differing in the composition or alcoholic content not be.considered a "bowling center" where the carried on in each room. violation of any such laws or ordinances; in the liquor when received from the manofoc- ~qly lypo of bowling available is through the 7."1¥ a permit from the federal government is f) Who is a manufacturer or wholesaler of in_- tuner or wholesaler from whom It was purchas- use0fcolnoperatedamusementdevices, required by the taws of the United States, toxiceting liquor, and no manufacturer or ed shall be prima facle evidence that the con- ':.·3. Club. whether or not such permit has been issued, wholesaler shall either directly or indirectly lents' of the ori~llnal package has been diluted, r ''Club'' IS an incorporated organization orge- and, if so required, in what name issued and the own or control or have any financial interest in changed or tampered with. nized ~Jnder the laws of the state for civic, nature of the'permit, any ~'etall business selling intoxicating liquor; 19. No sale of alcoholic beverage shall be frate[!~al, social, or business purposes, for Intel- 8. The amount of 1he investment that the ap- g) Who directly or indirectly holds an interest made to or in guest rooms of hotels, unless the lectUal tmprove~nent, or for the promotion of plicant has in the business, building, premises, in any other business in the City to which an on rules of such hotels provide for the service of sp0rts,-or..a congressionally chartered veterans' fixtures, furniture, stock in trade, etc. and proof .sale license has been issued under this section, food in guest rooms; nor unless the sale of such organJk~atlon,~vhich: ofthesourceof suchrmoney.. . The term "interest" as used in this section in- alcoholic beverage is mede in the manner "on . a)ha~,~ret~anflfty(50) members;.. 9. The names and a~esses of. all persons, cludesany pecuniary Interest in the ownership, sale" are required to be made; nor unlesssuch b?~t~s'owile~ oi~ rented a b~ildlng or Space n other than the applicant, who have any linen- operation, management or profits of a retail Ii- sale accompanies and is incident to the regular e buildjn~ for re'ore than.one (1) year-that is cial interest in the business, buildings/ quor establishment, but does not include bona service of meals to guests therein; nor unless ~._ i~sui't&ble and adequate for the accommodation of premises, fixtures, furniture, stock in trade; the- fide loans, bona fide fixed sum rental agree- the rules of such hotel and the description, Ioca- :members; ' .' . nature of such interest, amount thereof, terms ments, bona fide open accounts or other oblige- lion and number of such guest rooms are fully ~1~) i$.'direc~ed by a board of directors, execu- fo? payment or other reimbursement. This. shall lions held with or without security arising out of set out in the application for a license. ~ye cemmitteq, or ofhe, r. slmiler body chosen by include, but not be limited to, any leases, the ordinary and regular course of business of 20~ No transfer of a license shall be permitted ~ll~h~"members at 'a meeting held for that pur- lessors, mortgagors~ lenders, lienholders, trust- selling or leasing merchandise, fixtures or sup- ~rqm.place to place or oerson to person without pose. No member officer, agent, or employee ees, trustors and persons who have co-signed plies to such establishment, or an interest of ten complying with the requirements of an original · ~ shall receive a'ny Profit from the distribution or notes or otherwise loaned, pledged, or extended ~ercent (10%) or less in any corporation holding application, except as provided by Section s~le of .beverages to the members of the club, or securityforanyindebtednessoftheapplicant~ a license. A person who receives monies from 130.058(8) and each transfer shall require the 'thei~ g~ests, 'beybnd a reasonable salaYy or 10. The nameS, residences and business ad- time to time, directly or indirectly, from a approval of the .City Council end lhe Liquor wages fixed and voted each year by the gov- dresses of three I~ersons, residents of the St:ate licensee, in the absence of a bona fide con- Control Commissioner. erningbody, of Minnesota, of good moral character,, not sideration therefore and excluding bona fide 130.0513FINANClALREPONSIBILITY 4. Citv ~ related to the applicant or financially interested gifts or donations, shall be deemed to have a AND INSURANCE age .~hall misrepresen~ his age for the purpose of obtalr~Jng intoxicating liquor nor shall such perso~ enter any premise~ licensed for the retail sale of an alcoholic beverage for the'Pur- pose purchasing or having served or delivered to such person for consuming any such alcoholic 'beverage, nor shall any person purchasa,-at- tempt to purchase,, consume, or have another person purchase for on that person's behalf any alcoholic beverage. 3. No person under twenty-one (21) years of age shall receive delivery of an alcoholic bev- erage. 4. No person shall induce a person under the age of twenty-one (21) years to purchase or procure or obta In an alcoholic beverage. 5. Any person who may appear fo the licensee, the licensee's employees or agents, to be under Ihe age of twenty-one (21) shall, upon demand of the licensee, an employee or agent, produce and permit to be examined an iden- tiflceflon certificate Issued by any Ad- ministrator of Drstrlct Court in the State of Minnesota pursuant lo Section 626.311 through 626.319, Minnesota Statutes. 6. In every prosecution for a violation of fha provisions of this ordinance relating to the sale of furnishing of alcoholic beverage to persons under the ege of twenty.one (21) years, and in every proceeding before the City Council With respect lhereto, the fact that the minor involved has obtained and presented fo the licensee~ an employee or agent, · .verified identification card Issued by the Clerkrof Dlstrl_ct Court in the State of Minnesota, from which'it appears thai said person was twenty-one (21} years of age and wes regularly Issued such identification card, shall be prima facle evidence that the licensee, the agent or employee Is not guilty of a violation of such a provision and shall-be con- cluslve.evldence that a Violation, 'Jr one nbs oc- curred, as not willful o? Intentions!. ' ' 7. Proof of age tor.pz)rchaslng and. consuming alcoholic beverages may be established only by a valid state driver's license or state iderilifica- lion card; or In'the case of a foreign national by a Valid passport. 130.0S16 OTHER RESTRICTIONS ON PURCHASE OR CONSUMPTION I. NO person shell give, sell, procure or pur- chase alcoholic beverage for any person ;to whom the sale of alcoholic beverage is forbid- den by State law or this ordinance.. 2. No person shall mix or prepare alcc~holJ~: beverage for "on sale" consumption in eny public place not licensed in accordance' with this code and the laws of the State of Minnesota. 130.0517 REVOCATION 1. The City Council may suspo~d'or revoke an "on'sale'' license for the violation of ar~y provi- sion or condition of this chapter or of any state law or federal law regulating alcoholic bever- age and shall revoke such license for any willful violation which, under the laws of the state, is grounds for mandatory revocation, and shall revoke for failure to keep the' insurance re- quired by this chapter in full force and effect. 2. It the premises are not ready for occupancy within one year after the Initial license Is Issued, the license shall be revoked and will not be reissued. The licensee may make an applica- tion for a new license, but will be' given no special consideration as opposed to any other applicants. 130.0510 REVOCATION PROCEDURE Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the Council shall be preceded by written notice to the licensee and a. a public hearing. The notice shall give at !east ten (10) days notice of the time and place of the hearing and shall state Ihe general nature of the charges against the licensee. The Council ~nay, without any notice, suspend any Ilcerlse pending a hear- ing or revocallon for a period ~ot exceed!rig thirty (30) days. The notice maybe served upon the licensee personally or by leaving the same at the licensed premises with'the person in charge thereof. No suspension shall exceed six- ty (60) days~ 130.0819 LICENSE YEAR An "On ~ale" license expires June'30 ~of 'fha following year of Its effective date. The fee for an "on sale" license granted after Ihe com- mencement of the license year shall be pro- rated on · monthly basis. 130.0520 ENLARGEMENT, ALTERATIONS, OR EXTENSION OF PREMISES Proposed enlargement, alteration or exten- sion of premises previously licensed shall be reported to the.Lily Admlnstrator at or before the time the application Is made for a building permit for any such change and the licensee shall also give such Information as Is required by Section 130.055. 130.0521 EXISTING LICENSES Any "on sale" licensee within the corporate boundaries of the City of Ramsey, holding a valid "on sale" liquor license on the effective date of this code, which license was granted by an appropriate political subdivision of the Stele of Minnesota, shall be considered for the pur- poses Of this chapter Io have a valid existing license and said licensee need not apply for a new license as provided in Sections 130.053- 130.055 herein. All other provisions of this chapter shall be applicable to said existing license. 130.0522 PENALTY Any person violating any provision of this or- dinance Is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Seven Hundred Dollars ($700.00) or Imprisonment for not more than ninety (90) days or both. 130.0S23 REPEAL Existing Chapter 130.05 Of the City' Code passed In Jan. 1978 as Ordinance 7~.1 Is hereby repeal- ed. Ordinance 84.10 passed on Sept. 25, 1984 is hereby repealed. 130.0524 EFFECTIVE DATE This ordinance becomes e~fectlve upon its passage and thirty (30) days after ils publica- tion according to law, subject to.City Charter Provision. Section 5.04.