Ordinance - #89-08 - 04/25/1989 - Laserfiche WebLink

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Off-Sale Liquor License Ordinance P~ge 6 PERSON INELIGIBLE FOR LICENSE No license shall be granted to or held by any person: a. Who is ineligible for such a license by State law; b. Under twenty-one (21) years of age; c. Who is not of good moral character and repute; d. Who is not a citizen of the United States; e. Who, within five (5) years prior to the application for such license, has been convicted of any violation of any law of the United States or the State of Minnesota, or any local ordinance with regard to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquor, or non-intoxicating malt liquor or whose license has been revoked for any violation of any such laws or ordinances; f. Who is a manufacturer or wholesaler of intoxicating liquor, and no manufacturer or wholesaler shall either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 off-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 percent (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. PLACES INELIGIBLE FOR LICENSE Existence of any of the following conditions render any applicant ineligible for receipt of a license: 1. No off-sale license shall be issued for any place or any business ineligible for such a license under State law. 2. Off-sale licenses shall be granted only to premises or buildings which constitute new construction as defined in this ordinance. 3. No off-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